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This is a meeting of the township committee July 13, 2026. The notice requirements provided for in the open public meetings act have been satisfied. Notice of this meeting was properly given by transmission to the Asbury Park Press and the two times by posting at the Middletown Township Municipal Building and filing with the Township

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Clerk all on January 9th, 2026. Committeeman Clark >> here. >> Committeewoman Kratz >> here. Committeeman Senino >> here. >> Deputy Mayor Hibbo >> here. >> Mayor Perry >> here. >> Please rise for the pledge of allegiance. >> I pledge allegiance to the flag of the

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United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. I'll ask that you all please remain standing for just a second. Um,

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uh, this past week, uh, the Middletown Police Department lost a dedicated member of its family in Joe Glenn. Uh, he was a Middletown, uh, police sergeant, um, and rose through the ranks over the course of 30 years. He died

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unexpectedly um, just uh, nearly 10 days ago. um but served the township with distinction not only as a Middletown police officer but as a dedicated member of the Middletown Township Fire Department along with the Atlantic Highlands Fire Department. So,

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uh we offer this moment of silence in in his name um and for his memory and to the entire Glenn family. >> Thank you. At this time, I'd like to ask for a moment of silence to honor the troops serving worldwide, defending our Constitution's, freedoms, and way of

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life. Thank you. Our first item on tonight's agenda, we have a presentation recognizing June 4th, 2026 as Tourett Syndrome Awareness Day in the Township of Middletown. At this time, I'd like to invite Claudia

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Leho uh to please come to the center of the room. >> Good evening everybody. Um first of all, Claudia, thank you for being here today. Um I I know that uh your group has done a lot of advocacy not only uh through municipalities but through uh the state

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house as well. Um and uh you know it's it's often a one of those uh neurological disorders that uh impact people uh in what is visible on the surface as a as a minor way um but certainly one that

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impacts people's families. Um so we appreciate you coming in today and if you don't mind telling everybody about your advocacy. >> Yes. So, my name is Claudia Nikho and I'm the outreach specialist for NJCTS, the New Jersey Center for Tourette's Syndrome. So, first I would like to thank you and the committee as well um

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for this recognition. Um this really means more than words can actually say. I have two sons that have Tourette's syndrome. One is I have three boys. One's 28 uh 28 year old. My oldest and my youngest have Tourette's syndrome. It took about two and a half years for my oldest to get a diagnosis. So, it's

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really um difficult to get. There's no tests or anything like that that can give you a diagnosis. It's just by way of um observation. One in 50 individuals will either have a tick disorder or Tourett syndrome. Um it's often very misunderstood as mayor said. Sometimes

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it's all you see is the ticks. But with um Tourett syndrome come other associated disorders such as OCD, ADHD, anxiety, depression. Um sometimes even um on the spectrum as well. It waxes and waines. Um there's so many things to

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learn about it and just um what I try to do is just bring that awareness. Um what I do is I go into the schools, I go into any hospitals, talk to doctors, talk to children as well. Sometimes kids will get bullied because all they see is just the ticking and the funny faces that the

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kids made. Um but it's really u brutal um for them and sometimes they have to hold it. Um, it's really hard for somebody that has it, but it doesn't um it's not an education or an intelligent um uh uh something that you cannot accomplish

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all your dreams. My son is is is uh my oldest is at Yale right now doing his masters. Uh and my youngest is completing his uh finance degree at Ruckers. So, >> not a good school. >> No, not at school. >> So, he's okay. So, uh, and that's what I try to do is I try to instill in

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everybody the hope and especially the parents because they get scared sometimes that they can do anything in the world they want to do. So, um, thank you so much for listening. Thank you so much for this this proclamation. And I really appreciate if you have any questions, I'll be over there. >> And and I'm glad you you mentioned that

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because uh so many athletes that people don't realize >> um that have Tourette's uh and uh are both on and off the field, star athletes in in their own way um >> that you but I was looking through the list and and I knew, you know, myself of

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of several athletes that suffered from it. Um but it's it's certainly something that it doesn't matter the the issue. It's it's something that we can overcome and just absolutely ensuring that the public understands. Yes. >> So, uh as Heidi mentioned, um uh we aim

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to highlight the importance of creating supportive environments and recognize the ongoing efforts of the New Jersey Center for Tourett Syndrome and other organizations working towards bettering the lives of individuals with Tourett Syndromes. Now therefore, I, Mayor Tony Perry, and the Middletown Township Committee do hereby proclaim June 4th as

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Tourette's Syndrome Awareness Day in the Township of Middletown and encourage all residents to educate themselves about Tourette's syndrome and tick disorders, support individuals affected by them, and build a better community where everyone is respected, valued, and included. Thank you so much.

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three. >> Thank you so much. >> Thank you again. >> Thank you. Our next presentation is to recognize dancers from Daily Irish Dance School for winning the 2026 CRDM World

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Championships. [applause] The juke box is on. So, you know, I heard that. >> Oh, I love it. We got the trophy and everything. [clears throat] >> Not a light trophy. >> Not a light trophy. [laughter] You can put it down if you want.

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>> It's like the World Cup trophy. I mean, >> it's unbelievable. So, just a little bit of background, uh, I'm I'm driving home from an event one day and I get a text from, uh, former

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mayor Oxley over here. Um, and says, I'm in the girls are in Ireland and they just won. And I'm like, I assume this is Irish dance because I know that. Um but uh on behalf of the

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entire township committee and the residents of Middletown, let's give it up for our road. [applause] So I I know that they have their uh the World Cup trophy of Irish dance over there. Um and I believe you're you're

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able to perform for us today here. a brief number. Maybe [laughter] >> it doesn't have to be brief. We, you know, uh the five minute rule doesn't apply to presentations. >> Exact. Yeah. With the trophy, it's 10 minutes. Um uh but coach, if I just want

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to hand it over to you and and uh and please tell us about the team. >> Okay. So, my name is Jillian. I'm actually an immigrant from Dublin in Ireland and I have brought Irish dance to Mama County. I originally started teaching at the Carol Lane studio on 36

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and then moved over to Middletown Art Center and obviously we've grown out of that space and into our own space. So this particular group of dancers um I've had Margot would have been my youngest dancer I had. I think she maybe about two when she started. Um so Margot just

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won the title as world champion dancer solo age 14 this year. >> She's taking all my to [laughter] and her father knows how to dance just for the record. Mother definitely does. >> I would love to see that judge. >> Mom was actually my student before her

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daughter when her daughter was a baby. So up here we have um Timothy Saxs third place world champion. We have our forehand first place world champion. Raise your hand. Jillian Shackman, Timothy Saxs, Marggo Oxy, Katie Scott, and then we have an entire group here

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who are fourth and eight hand. So Sarah will be included that Grace, Ava, McKenna, Kira, and Jamie um were all there got placements all in the world. So it's a privilege to be able to take these kids back to Ireland and be able to compete there. Not just compete, but

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win and bringing it back to America. So it's a really big deal. It's something I [applause] [applause] sparkle. Sparkles. They are heavy. >> They are very heavy. And yes, I was stopped in Dublin airport because there was a group of soccer players were

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traveling and they came over. They were younger like Is that the World Cup trophy? >> World Cup. Yes. Soccer. No >> boarded by a bunch of Irish dancers. >> Yeah. So they can do a performance.

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Um >> they'll do quick two quick little numbers and then Nice. [music] [music] [music] [music] [music] >> [music] [music] [music] [music] [music]

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[music] [music] >> Heat. Heat. N. [music] Heat. Heat. [music] [music] [music] [music] >> [music] [music] [applause] [applause] >> Now, a little surprise for you. The

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deputy mayor is actually going to help the next time. >> [laughter] [music] [music] [music] [music] [music] [music] [music] >> Heat. Heat. [music] [music] >> [music] [music]

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[music] [music] [music] [music] >> Heat. Hey, Heat. [music] >> [music] [music] [applause] [applause] [clears throat] >> But we want to tell our fire chief that

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we have tested the limit [laughter] well within our boundaries to be able to have uh Irish dancing here. Um let's let's give some [applause] [applause] I just want to recognize uh once again

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uh the top 10 solo dancers for the CRDM World Championships. Um, Middletown's own Margot Oxley, age 14, taking first place in the age 14 girls world championships. Margot [applause] Timothy Saxs, third place senior men's

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world champion. [applause] And Katie Scott, seventh place, age 17. [applause] So, on behalf of the township committee uh and the residents of Middletown, we want to congratulate uh the Daily Irish Dance School uh dancers for your participation and winning of the 2026

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CRDM World Championships. Your accomplishments are a testament to your dedication, teamwork, and passion for preserving Irish culture and tradition. And by traveling to Dublin, Ireland to compete against your teammates, you demonstrate except exceptional commitment, loyalty, sportsmanship while inspiring and

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encouraging uh one another every step of the way. Literally every step of the way. We're proud to recognize your remarkable achievements and feel truly lucky to celebrate you today. Congratulations. [applause] >> We're going to take You good?

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>> While I hold the trophy, >> since it's the closest I'm going to come to a World Cup trophy. >> All right. >> Thank you so much. >> Here, can I squeeze? I knew you guys ar >> if everyone wants to look here first and then stay for more photos. One, two,

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three, and stay for more photos, please. >> All right, let's give another big round of applause. [applause] All right. Congratulations. >> I am I am a national champion. >> Ryan, >> that's the joke I should have made. >> Next time.

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>> I should have had the dance come down when they bring when they bring back the world the World Cup next year. We can Okay, I just want to announce we're going to take a two-minute recess. I just have a few more uh presentations and proclamations to recognize tonight.

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Uh proclamation recognizing August 4th, 2026 as National Night Out in the Township of Middletown. Oh, and that's it. Oh, I'm sorry. That's all. Okay. Um we have the approval of minutes for June 24th, 2026 regular meeting. Motion

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>> second. >> Committeeman Clark. >> Yes. >> Committeewoman Kratz. >> Yes. >> Committeeman Senino. >> Yes. >> Deputy Mayor Hibbell. >> Yes. >> Mayor Perry. >> Yes. >> Motion carries to approve minutes. >> At this time, we have public hearing on proposed ordinances. Our first uh public

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hearing is 2026-3507, an ordinance repealing and replacing ordinance 2026-3491 and establishing new RTH10 zone governing the developmental development standards for block 1045 lots 2 3 and 4

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of the township's official text map. >> Any member of the public wishing to speak on public ordinance number 2026-3507? Seeing no member of the public stepping forward move close public portion and approve. >> Second. >> Committeeman Clark. >> Yes. >> Committeewoman Kratz. >> Yes.

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>> Committeeman Senbrino. >> Yes. >> Deputy Mayor Hibbell. >> Yes. >> Mayor Perry. >> Yes. >> Motion carries to pass this ordinance on second and final reading. At this time we have ordinance 2026-3508. An ordinance establishing new multif family townhouse residential zone the

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RTH-11 governing the development standards for block 746 lots 2 02 2.03 20 21 22 23 24 and 25 and block 739 lots

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1 2.01 2.02 and 2.03 on the township's official tax maps. Any member of the public wishing to speak on public ordinance number 2026-3508? >> Seeing no member of the public stepping forward, move to close the public portion and approve. >> Second. >> Committeeman Clark.

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>> Yes. >> Committeewoman Kratz. >> Yes. >> Committeeman Sedbrino. >> Yes. >> Deputy Mayor Hibbell. >> Yes. >> Mayor Perry, >> yes. >> Motion carries to pass this ordinance on second and final reading. This time we have 2026-3509, an ordinance establishing new multif family townhouse residential zone, the

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RTH-12, governing the development standards for block 615, lot 8, lot 81 on the township's official tax. >> Any member of the public wishing to speak on public ordinance number 2026-3509. Seeing no member of the public stepping forward, move to close the public

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portion and approve. Second. Committeeman Clark, >> yes. >> Committeewoman Kratz, >> yes. Committeeman Senino, yes. >> Deputy Mayor Hibbell, >> yes. >> Mayor Perry, yes. >> Motion carries to pass this ordinance on second and final reading. At this time, we have 2026-3519,

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an ordinance authorizing financial agreement upon a portion of block 306, lot 66 with Port Mammoth Urban Renewal LLC, an urban renewal entity, pursuant to the long-term tax exemption law, NJSA482-1 >> 20

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>> 48 col 20-1X. >> I'm sorry. >> I thought you said 12. Uh, any member of the public wishing to speak on public ordinance number 2026-3519? Seeing no member of the public stepping forward, move to close the public portion and approve. >> Second. >> Man Clark,

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>> yes. >> Committeewoman Kratz, >> yes. >> Committed, >> yes. >> Deputy Mayor Hibell, >> yes. >> Mayor Perry, >> yes. >> Motion carries to pass this ordinance on second and final reading. This time we have 2026-3520 uh 33 3520, excuse me. Ordinance

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amending township salary ordinance setting salaries for non-contractual employees for 2026. >> Any member of the public wishing to speak on public ordinance number 2026-3520. Seeing no other member of the public stepping forward. Seeing no other member Craig raises his hand and gets me all whacked out of shape.

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Seeing no members of the public stepping forward, move the closed public portion and approve. >> Second. >> Committeeman Clark, >> yes. >> Committeewoman Kratz, >> yes. >> Committeeman Senino, >> yes. >> Deputy Mayor Hibbell, >> yes. >> Mayor Perry, >> yes. >> Motion carries to pass this ordinance on second and final reading. We have

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2026-3521, an ordinance authorizing entry of new financial agreement upon block 1072, lot 36.01, 01 with Linkraftoft Senior Housing Corporation for continued provision of senior and disabled

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affordable housing pursuant to NJSA4A20-13.2 of the long-term tax exemption law. >> Any member of the public wishing to speak on public ordinance number 2026-3521. Seeing no member of the public stepping forward, move to close the public portion and approve. >> Second.

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>> Committeeman Clark. >> Yeah. Committeewoman Kratz, >> yes. >> Committeeman Senino, >> yes. >> Deputy Mayor Hibbell, >> yes. >> Mayor Perry, >> yes. >> Motion carries to pass this ordinance on second and final reading. >> And now we have ordinance 2026-3522, an ordinance repealing and replacing

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chapter 37 of the code of the township of Middletown governing emergency medical services. >> Any member of the public wishing to speak on public ordinance number 2026-3522? Seeing no member of the public stepping forward, move to close the public portion and approve. >> Second. >> Committ Clark.

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>> Yes. >> Committeewoman Kratz. >> Yes. >> Committeeman Sedbrino. >> Yes. >> Deputy Mayor Hibbell. >> Yes. >> Mayor Perry. >> Yes. >> Motion carries to pass this ordinance on second and final reading. >> At this time, we have introduction of proposed ordinances. Our first ordinance 2026-3523

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a bond ordinance providing an appropriation of 3,373,100 for various capital improvements by and for the township of Middletown in the county of Mammoth, New Jersey and authorizing the issuance of $3,24,445 in bonds or notes of the township for

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financing part of the appropriation. >> Motion to introduce. >> Second. >> Committ Clark. >> Yes. >> Committ Kratz. Yes. >> Committeeman Senino. >> Yes. >> Deputy Mayor Hibbell. >> Yes. >> Mayor Perry. >> Yes. >> Motion carries to pass this ordinance on

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first reading with a public hearing to be held August 17th, 2026. At this time, we have ordinance 2026-3524, an ordinance amending township code provisions governing certain wireless communication facilities on township or

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school district property. >> Motion to introduce. >> Second. >> Min. Clark, >> yes. >> Committeewoman Kratz, >> yes. >> Committeeman Sedmbino, >> yes. >> Deputy Mayor Hibbell, >> yes. >> Mayor Perry, >> yes. >> Motion carries, passes. Ordinance on first reading with a public hearing to

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be held August 17th, 2026. At this time, we have 2026-3525, an ordinance amending chapter 465-105 of the code of the township of Middletown governing weight limits on certain roadways. >> Motion to introduce. >> Second.

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>> Minman Clark. >> Yes. Committeewoman Kratz, >> yes. >> Committeeman Senino, >> yes. >> Deputy Mayor Hibbell, >> yes. >> Mayor Perry, >> yes. >> Motion carries to pass this ordinance on first reading with a public hearing to be held August 17th, 2026.

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>> And we have 2026-3526, a bond ordinance amending bond ordinance number 2022-3341, finally adopted by the Township Committee of the Township of Middletown, New Jersey on April 18, 2022. >> Motion to introduce. Second.

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Committee man Clark. >> Yes. >> Committeewoman Kratz, >> yes. >> Committeeman Sedbrino, >> yes. >> Deputy Mayor Hibbell, >> yes. >> Mayor Perry, >> yes. >> Motion carries pass this ordinance on first reading with a public hearing to be held August 17th, 2026. At this time, I'd like to ask the

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township committee to adopt a consent agenda, which would include resolution 26-119 through 26-220. Motion to approve the consent agenda. >> Second. >> Committeeman Clark.

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>> Yes. >> Committ Katz. >> Yes. >> Committeeman Senbrino. >> Yes. >> Deputy Mayor Hibbell. >> Yes. >> Mayor Perry. >> Yes. >> Motion carries to adopt consent agenda. This time we have Township Committee Comment. >> All right. Committeeman Clark. >> Uh thank you, Mayor. Uh first off,

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thanks. Uh congratulate Dan Street. as a dancing dad brought out afterwards. I understand >> I publicly exposed that and I'm not sorry for it. I understand what it takes to to become a right and dance is very

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very difficult thing to do pretty last weekend we had pretty significant storm roll through there was for uh the people who needed to mitigate a whole bunch of different problems caused by those storms. Uh we have representation from the fire

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department, the EMS, our police department, our public information office. Everybody uh had a part in dealing with this storm. Uh it was not easy. Our mayor showed great leadership and constant communication with the uh

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uh utilities and really putting pressure on them to get things fixed and done. And uh I just want to thank everybody publicly for their hard work in making sure that our community is safe in a in a tough time, something we didn't expect. And uh since then we've had flash flooding with water up to 5 1/2 ft

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deep on Highway 35 and otherwise. Uh and everybody's been busting their butt. So uh thank you all of you. Um, and then lastly, uh, in the ordinance tonight, in in one of the ordinances, we just ratified the consolidation of the EMS,

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uh, division of our town. Uh, I've said it here before, and I'm going to say it again. Um, I wouldn't be sitting up here if it wasn't for the EMS. I joined when I was 16 as an explorer uh through the a high school program and it set my course to get involved in the fire department,

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become a fire chief and ultimately uh be part of this governing body. Um this next version of what the EMS is going to look like. Uh we we've seen uh what those templates look like and the hard work this group has put into it. Um, and I asked a bunch of questions and they

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were very gracious with their time to answer them and make sure that uh we were everything was being done in in a manner uh which was in the original intent of the charter of the squads back in the 40s, 50s and 60s. Um, and this

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group sitting back there right now is doing an excellent job of perpetuating that and trying to continue it in the best way possible to serve our community. Um, so I just want to thank the leadership group sitting back here, your team that's working behind you to make this uh make this thing work. And

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um, thank you. >> Mayor. >> All right, Committo. >> Thank you, Mayor. I'm going to echo all the comments of Committeeman Clark. He said uh, great things and we appreciate the EMS uh, with the with your dedication to the town. Second to none.

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Thank you very much. um and and to continue on and uh put Middletown first. Um it's amazing. So appreciate that very much. Um with regard to the Irish uh dance school, I was just in in England and Ireland a few weeks back and after I

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said to my wife, I said I understood everything everyone said to me. Um the the conversation there was with regard to FIFA and said, "Hey, isn't the World Championship going to be played back in the US and New Jersey?" And now when I go back again, I could say, well, Middletown is now the home to the 2026

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CRDM World Championships for the Irish dance. So when I go back again, I'll let them know. So want want to make sure we put Middletown on the map and thank the girls for their hard work. That's all I have tonight. Mayor, thank you. >> Thank you, Committee Kratz. >> I'm going to hold my comments, Mayor. Thank you. >> All right, DM.

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>> Uh I'm going to echo a lot of uh Committeeman Clark's comments. Uh our our volunteers uh a lot sitting here tonight. Uh I I know the last couple weeks have been really tough on on a lot of residents and stuff. Um great job. Uh I know there's a ton of calls that you guys went on. Isn't that correct, Kevin?

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All right. Great job. Thank you very much. I just want to give a shout out to our uh 250 committee that uh that ran some amazing celebrations for uh our America's birthday. Uh great time. I've been going to roughly about 30 years of parades with my fire department service

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and uh sitting up here. Um that was that was just amazing if you didn't just feel it through every bone of your body. Uh you know uh being in that parade being on that route it was uh was an amazing thing. So thank you to everyone that volunteered and made that a great success. That's all I have. Mayor.

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>> All right. Uh >> sure. When I was thanking all >> all the services, >> when I was thanking all the services that were here, I pointed but did not say the DPW who uh who really busted their butts as much.

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>> I really shouldn't have said that you could do another comment because I was going to call that out personally. >> Um but yeah, but uh the DPW uh knocked it out of the park uh along with the rest of the crowd. Thank you. >> All right. Um

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uh echo all the comments. I want to I want to thank um all of our emergency first responders uh every single one of them. Um not only was uh I on the phone with Ted at about 10:00 on July 3rd um

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sitting on Alexander Drive with a giant tree that had exploded basically from a lightning strike. Um but got his crews out there in less than an hour. Um and uh I I was walking up and down the street with residents. Um and uh but

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throughout those those couple days was uh very rough and then that rainstorm. Um my wife got to celebrate her birthday at on Palmer Avenue uh when with the flooding of the bridge on Palmer Avenue. Um but I do want to uh thank all of our

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first responders um and our public works. Um, I think it was eight entraments um that uh was on throughout 36 uh during that freak rainstorm. Um it was uh just ate on Route 36. Um the

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deputy mayor who I left hanging was trapped on Route 35, but you know, I was going to leave him there because he was in Homeell. Um, but I I seriously want to thank all of them throughout the entire um process because between the enttrapments, uh the poles being down,

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um our our fire police, our auxiliary police, uh our police department, our public works, EMS, fire, everybody did a hell of a job. Incredibly grateful that that uh everybody was able to work collaboratively and get that done. So, thank you to all of you for making that

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happen. Um, and ensuring that, uh, the public was safe, uh, in what had to be the most bizarre rainstorm I've ever seen. Um, uh, so, thank you all. Um, I just want to give a shout out to Grace, um, uh, Parleio.

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Um, she is the New Jersey, uh, softball home run champion that she won on Saturday, um, statewide. uh an unbelievable uh effort by her um and her team. So, I just want to give a a quick shout out to them. Um with that, I'll

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open it up for public comments. Any member of the public wishing to make a public comment may do so. We ask that you state your name for the record and that you keep your comments to five minutes at four minutes. Heidi will let you know that that you have one minute remaining. Uh, any member of the public wish to make a public comment.

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>> Mhm. >> First of all, my name is Ken Murker and that's spelled M E R C R E. I've been a resident of Middle Township since 1968. I'm a Navy veteran and served in this Lake, New Jersey from

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1963 to 1967. I'm far away from the mic. I apologize. >> I have some uh breathing issues, so a little slow when I speaking here. >> Thank you very much.

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It's time for me to get back to the state. It's time for me to give back to to uh my community. whatever wisdom and knowledge I've gained over the years. I'll just give a quick background of my childhood. Uh tub scouts, boy scouts, sea explorers, navy in mass, I was from

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Massachusetts originally. I wanted to be a state trooper. These are ambitions that I had on a younger life, but God had a lot of plans for me. So, uh my I have a background in sales and purchasing and manufacturing. Uh so anybody anybody who wants to come to me

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uh uh for any assistance that I can give them. It's not going to cost anything. I'm very proud of the police here department here. I support the police. I support the the fire departments. I I'm trying to support our community. So I'm getting unfortunately it's a little late

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in life, but still I I still have some life left here. I wish more and more people would be involved in in the community. >> Boyd will still take you, right, Chief? >> Huh? [laughter] Oh, the chief is here. I haven't chief of police here. I haven't met him yet. >> You got them basically all here. >> Oh, yeah. Oh, yeah. Oh, yeah.

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>> Fire department, police department, and EMS. >> One gentle, one gentleman. >> You take your pick. >> You'll know that I met I met him on Saturday when I'm in the fire department. Right. >> And that's all that's where I want to leave it at. So, if anybody asks any questions, they talk to me on a one-on-one basis. I'm here to serve the

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community. I'm here to serve each and every one of you with your concerns. And I shouldn't go this further, but I'm going to go one last thing. I'm an evangelist doing evangel work, right? I don't want to I want to bring as many souls to Christ Jesus. I don't want to

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see anybody go down, but I don't want everybody go into the spirit to go to heaven. And I just want to share that. Thank you for listening to me. That's it. >> Thank you very much for your service to our country, sir. >> I humbly accept that. I'm I'm >> any other member of the public?

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Uh, good evening. My name is Marty Jud. I'm a member of the Middletown Township Environmental Commission. On July 9th, 2026, the Middletown Township Environmental Commission unanimously approved the following statement and directed that it be read into the record

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at tonight's township committee meeting. Uh the amended ordinance 2026-3052 is flawed and contains numerous inconsistencies. This is the ordinance governing the allowable uh permitting LED advertising signs in the township for the first

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time. It appears the ordinance was rushed through without conducting community outreach at the proposed installation locations, without consultation with the planning board or the environmental commission, and without any attempt to identify quantitative and measurable standards

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such as brightness that would be appropriate to both the built and the natural environment in Middletown. Some of the inconsistencies and omissions in the revised ordinance are although it allows LED billboards, the ordinance still has language prohibiting

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internally lit signs, an LED billboard is an internally lit sign. The ordinance allows LED signs to be 40t in height and yet still contains language limiting the height of all billboards to 25 ft. An

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LED billboard is still a billboard. The ordinance prohibits conventional billboards larger than 240 square ft and with a maximum height of 25 ft. Yet, it allows LED billboards as large as 400

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square ft with a maximum height of 40 feet. It doesn't make sense to allow more visually intrusive LED billboards to be larger and higher than conventional billboards. It also allows the visually intrusive

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LED billboards to be the same 200 foot minimum distance from the nearest residential property as a non- internally lit billboard without any consideration of the increased visual impact of LED billboards and the light emitted by them. This does not make

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sense to us. Although there are recommended day and night brightness recommendations, excuse me, published by various sources for LED billboards, none of these were incorporated into the ordinance, making evaluation of the impact of proposed LED

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billboards entirely arbitrary and subjective. The ordinance makes no mention of the natural environment and as such does not call out sensitive natural receptors such as birds traversing the Atlantic flyway or breeding fish and reptiles residing in

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nearshore locations for specified protections from the impact of nearshore LED billboards. The township committee needs to realize that the impact of an internally lighted sign 200 feet from a residence and operating without measurable specified

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restrictions on maximum day and nighttime brightness has the potential to heavily impact Middletown residents, affecting circadian cycles of both humans and animals and impacting residents outdoor enjoyment of their properties as well as their property

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values. And while it is outside the purview of the environmental commission, we also have concerns about traffic safety on roads which already have a high accident rate. The environmental commission does not oppose the installation of LED billboards, providing they meet specific standards

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which protect both Middletown residents and the natural natural environment. As such, we ask that the township committee rescend or suspend the recently adopted ordinance as soon as possible until such time as it can be revised to include measurable standards

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of brightness and location that protect our residents and our natural environment. We also recommend that in the case of proposed LED billboards, the [clears throat] revised ordinance, a revised ordinance contain language requiring the applicant to perform an

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environmental analysis of visible light that will be emitted from the proposed installation and identify the number of residential properties and any sensitive natural receptors that will fall within the area where these light excuse me emissions will exceed a measurable

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standard. You have one minute left. >> Thank you. >> You're welcome. >> The ordinance should then require public outreach to these property owners, informing them of the application and inviting them to a planning board meeting where their concerns can be voiced. The existing ordinance does none of this. In conclusion, we urge the

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township committee to resend or suspend the recently revised ordinance as soon as possible before any additional applications for LED signs can be submitted and act promptly to amend the existing ordinance to address the concerns expressed herein. We also urged the township committee to engage in

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proactive outreach to potentially impacted residents and agencies such as New Jersey Fish and Wildlife whose work may be impacted by this ordinance so that their input can be considered during the deliberative process to revise the ordinance. Thank you very much.

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>> Thank you, Marty. Yeah, go ahead. >> Yeah. So, just a few comments on the the builderboard ordinance. some of it. Um there are there there is a rationale for the ordinance and the adoption of it

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because there are 11 billboard permits pending with the DOT for LED billboards. The ordinance is specifically designed to limit the ability and the locations of these LED billboards. There are

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there was an inventory of the billboards done in the township and there's many static billboards which exceed these sizes and heights that already exist in Middletown that the regulations that were adopted were adopted after many of those billboards were constructed which

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is why the size there's a size which is why there's a size differential but there's a relatively recent New Jersey Supreme Court case that held that municipalities can no longer have absolute bans and LED billboards and the

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township was facing significant litigation if it didn't amend the ordinance and potentially significantly more applications for LED billboards. So the the the sole reason why the ordinance was adopted by the governing body was to prevent further applications

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from happening and limit and control them as best as the township legally can. Um and there's a lot of case law. There's a lot of litigation all over the state of New Jersey regarding LED billboards. It's a issue that's Middletown's not just facing, many uh

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municipalities are facing right now because of this Supreme Court um decision from a few years ago that's, you know, impacted all municipalities. And so if you don't have regulations on the books controlling them, then it becomes a free-for-all, especially when

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you have as many pre-existing, I think it's 30 something locations we already have of static billboards in the township, many of which predate the the zoning ordinances that we have on the books. So just want to provide that explanation. >> Thanks, Brian. Um

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with regard Marty with regard to um your other questions, you know, happy to sit down with you and Tony and environmental commission and talk about some of those other things, but happy to do that. >> Go ahead, Bry. >> And I should add that the, you know, all these applications are still subject to planning board review. They're currently

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before the planning board. Um they had to provide notice under the municipal land use law when those applications were made to nearby residences within 200 feet. Um and you know there are still items that can be addressed before the planning board and conditions of

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resolutions of approval just that that can go beyond the you know the the the the letter of the the ordinance and can be entertained. So that that is those are all comments that should be you know directed before the planning board upon you know when those applications are heard. But

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>> just one more thing to add. Um [clears throat] it's also important to keep in mind that any amendment to the ordinance wouldn't be applicable to the current applications because they're already before the board. It would only apply to anything new. But under the ordinance there there can be no more further applications because they've

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been limited to these locations. So the amazingly the choice of the township committee was do we given that DOT has given cart blanch to state highways on on these and given that the Supreme Court has ruled that municipalities can no longer outright

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ban them? How do we limit them so that you don't have a town full of digital billboards and where we have 11 active permits with DOT? Um so how do you prevent those from happening? And the only way to do that, because Mr. Nelson can correct me if I'm wrong, but if if

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the township hadn't done that and we were sued saying that we didn't allow for them, the township committee then wouldn't have had enough time to pass an ordinance banning the rest of them

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because it would have taken us a month to ban the other uh eight billboards. So, we would have been either stuck with 11 digital billboards or three. Not one.

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It's a it's a it's a no-win situation that you're in. And um you know, I I was thinking about this earlier today, the idea of home rule. Um you know, New Jersey has always prided itself on, well, we're a home rule state. We're a

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home rule state. And um sometimes I think it's it's governed by courts and not by um not by legislators or executives of those of those things. So um but thank you for your comments. Appreciate it. >> The other eight you have to come up to

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the microphone. >> Sorry, Martin Dunny, chairman environmental commission. Um but the other eight applicants could in theory also sue. No, because the town the the reason that the township did the ordinance the way it was was the Supreme

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Court says that you can't outright ban them. So if you allow for some and what we did was under specified areas >> three >> for the three you prevent the other eight. >> It's so sorry. So we all understand the

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numbers. We have 19 locations of billboards. 19 and on some of those locations there's either two, three or four billboards depending on particular location. So Brian's right, it's probably high30s if not more total billboards. This wouldn't allow any of

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those. The way the ordinance is structured would not allow any of those to convert to LED. So they those billboards can stay as they are. They can't expand. They can't do do anything else but they can remain. But the the way the ordinance is structured, only these three locations

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can have the LED billboards. Now, can someone sue us? Sure, someone can sue us over anything. But our ordinance permits them in three locations and doesn't permit them in the other 19 plus locations. And we think that's reasonable and we'd have to defend

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ourselves if we got sued over that. Carl Rathen, vice chairman of the planning board. One of the problems I see with this is when we did the U master plan and we is that

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I'm commenting as a member of the I am the liaison with the environmental board. I I I don't represent you as the planning board council, but I would suggest not commenting on anything doing with the pending with pending applications if you're a member of the planning board.

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>> Okay. I I'll sit then. >> I just wanted to I just wanted to make sure you you were okay, Carl, because I don't want because what I think Brian is saying is if you say anything here, >> the applicant could then take that as prejuditial or anything like that that you made comments at a township

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committee meeting. Since you're the vice chair of the planning board, I just want to be make sure that you understand that. >> Well, I understand it and we have to have a private meeting eventually on this. >> Uh, but I won't I I won't say anything else. >> You're a member of the planning board. You can't have a private meeting with

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anybody about these applications, but we're going to >> I was hoping either Nelson or you were going to say that. >> Those two those two can, but you you really >> I didn't want to say it, but I was hoping somebody did. I just want to everyone to remember how we went through the master plan and we wanted to keep that highway clean and clean it up and

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that's all I'm going to say. >> Okay, >> I'm not going to go any further. >> All right, let me let me just see if there's any other members of the public. Any other member of the public wish to make public comment? >> Okay. Uh, thank you, mayor. Um, I would just

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ask if it turns out that there will never be more than, well, it's never, but there won't be more than three LED uh signs in the township and of course that uh ship is already sailed because the ordinance was passed and the person is entitled to make their application.

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But if in the future if the township committee sees any likelihood through another court decision or whatever that somehow we our hand may be forced and that we do have to install additional or approve additional LED billboards in the township, I strongly urge the committee

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to consider putting in these quantitative and measurable standards as part of any revision to the ordinance so that we can at least limit the impact of them. >> Fully appreciate that. Thanks, Marty. Any other member of the public wish to make a public comment?

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Okay. I don't normally do this, but go ahead. Who Who are we kidding? I allow it every time. I've never said no. Yeah. >> You have to come come up to the microphone again. Just state your name

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one more time. I won't I won't spell it. >> Hello everyone. Welcome and please come keep coming back. Once again, my name is Ken Burker and my concern is the uh traffic uh violations that are occurring

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on Highway 36 in Thompson Road where people are running the red light. Okay? And I'm just going to share a few here. My daughter lives in Nevada in Reno, Nevada. and they have it. I would urge you to look up their

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traffic regulations and how they how they slow down the traffic. Okay, I won't explain it at this particular time. The the state is taking care of the traffic lights. All right, so I probably have to go to the state, but the police

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need to be a more alert. People running the red light and you people have to be very cautious when they pull out. Yeah, you had the 4-se secondond rule, you know, but you see a lot of cars going 60, 70 mph or even slower. They have ample time

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to stop that, but they don't stop. You're creating a hazard on a roadway. And I'm concerned about my neighborhood. I'm concerned about the people. We have an influx of a lot of people in this state. And I have a thought. So, how do I present a resolution or my request to

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the board here? Do I do in written form? >> Well, the chief of police is sitting right there. Oh, okay. >> So, you're you're he's the guy you want to talk. >> Do you mind if I go back and say shake my hand? You go right ahead. >> And I'm finished. Thank you. >> Craig's got his office hours open right now.

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>> Any other member of the public wish to make a public comment? >> I'll do that. Marco, [laughter] seeing no other member of the public stepping forward, move to close the public portion and adjourn. >> Second. >> Committeeman Clark. >> Yes. >> Committeewoman Kratz. Yes.

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>> Committeeman Senino. >> Yes. >> Deputy Mayor Hibbo. >> Yes. >> Mayor Perry. >> Yes. >> Motion carries to adjurnn. >> Have a great day everybody. Thank you all.