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Good evening everyone. Um the meeting will come to order and it has been quite a week. We've celebrated wins from both the boys and girls high school lacrosse teams. We've got the World Cup going and of course the Knicks won the NBA championship. So So let's let's bring

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all that teamwork and sportsmanship into this evening. Um Madame Clerk, would you please read the adequate notice of compliance statement? Adequate notice of this meeting has been provided by the city clerk's office in the preparation of the council annual meeting notice

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dated December 17th, 2025, which was properly distributed and posted per statutory requirements. Please be advised that fire exits are to my right, your left, and at the back of the room. The city has a listening system to assist the hearing impaired. If anyone needs hearing assistant assistance,

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please obtain the system at the days and return it thereafter. Thank you. May we have the roll call, please? >> Mr. Boyer, >> present. >> Mr. Chris Foley >> here. >> Miss Calmanson >> here. Miss Landman here. >> Miss Lucarina here. President Toad >> here. Um, and next I'm going to call on

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the city's summer interns to lead us in the pledge of allegiance. Go. >> I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and

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justice for all. >> Okay. >> Madame clerk, would you please read the notices regarding close session and hearings and comments? A close session meeting is authorized by state statute was announced and held prior to the start of this meeting and the known

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items for discussion were listed on the published close session agenda. Please be advised that council meetings are broadcast live on Comcast channels 34 and 36 and Verizon channel 30 and rebroadcast on Thursdays and Saturdays on HTTV on Comcast 36 and Verizon 33.

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When invited to speak, please come to the lect turn. Clearly state your name and address, spell your last name, and speak into the podium microphone so that your comments can be understood by all and properly recorded. Whenever an audience or council member reads from a prepared statement, please please give

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or email a copy to the city clerk's office at city clerk@c cityofsummit.org. to help facilitate an orderly meeting and to permit all to be heard. Please limit your comments to no more than 3 minutes. Unless you are using electronic device to follow the meeting agenda or needed for professional emergency

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contact purposes, please turn it off. Thank you. Thank you. I'm going to expand a bit on the city clerk's note about hearings and comments. This will facilitate a smoother process, particularly for those watching remotely. If you're seated in one of the first two rows, please remain silent

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while you're sitting down. Anything you say can be picked up by the recording microphones and make it difficult to hear the official proceedings. The 3minut limit on public comments corresponds to a bit less than a single printed page. If you're leaving written remarks, please put your name on them

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and place them in the box near the lect turn when you're done. With that, let's move on to the city's business. Um, we are going to hold off on approval of the June 3rd minutes and until our July 7th meeting. Um, so we'll go directly to our

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mayor for her report. >> Thank you. Good evening everyone. Thank you for being here tonight. Um, so last week we I had the honor of speaking at the DARE graduation ceremony. It was really fun to see the fifth grade students and so many of their families in attendance to celebrate this wonderful achievement. Our police

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officers do a tremendous job leading this program every year and teaching students important life lessons that they will be able to carry with them into middle school and beyond. We also celebrated at the annual DARE pool party um earlier this month at the Summit Family Aquatic Center with our students and several members of our police

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department and some hot dogs from the PAL. Um I want to wish all of our DARE students a heartfelt congratulations and best wishes for their next chapter in middle school. Uh, I'm sorry that I was unable to attend the Pride celebration on Sunday due to a family wedding. I heard it was great and I wanted to thank

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DCP for putting together yet another fabulous community event. Speaking of fabulous community events, a reminder that our two-part Juneenth celebration is this weekend with a flag raising on the Village Green this Friday, June 19th at 3 p.m. and a pool party celebration

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at the Summit Family Aquatic Center on Saturday, June 20th, from 12:00 p.m. to 5:00 p.m., which will feature food trucks, children's activities, music, and entertainment, and another flag raising ceremony. You do not need a pool membership to attend or swim at this event, and I hope to see you there. Um,

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I also wanted to provide a quick reminder that our middle school and high school graduations will be held this Wednesday and Thursday at Investors Bank Field at Tatlock Park. Um, weather permitting. There will be increased traffic in the area on those nights. And I want to remind everyone to follow all parking signs around the field and be

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considerate of the neighbors that live in the area. Please do not block driveways. Police will be out and ticketing in the area. I would like for everybody to enjoy the graduation and not come home with a parking ticket. Um, and I wanted to extend a huge congratulations to all of our class of

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2026 graduates. I wish you the best of luck in your next chapters. And lastly, I just heard I know um council president mentioned both the girls and boys lacrosse teams won the county um uh sorry there state uh titles, but their

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curse cup was the semi-final game was tonight. It just ended shortly ago and the boys won um pretty handily. So that was a semi-final. So, they will play against El Barton on Thursday. So, good luck to them. >> That's all I have. Thank you.

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>> Okay. Thank you. And now on to Tammy Baldwin for the city administrators report. Administrator Baldwin. >> Thank you, Council President. Um, please be advised everyone that city offices will be closed this Friday, June 19th. It's also a parking holiday in Summit, so there's no fees required for on

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street parking or parking in the municipal lots and garages. uh trash and recycling collections are not affected, so everything will remain the same there. The next Summit Free Market will be held next Friday, June 26, from 12:00 p.m. to 2:00 p.m. at the

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transfer station. Summit residents with a parking and disposal permit can attend and browse donated items and they can take what they want for free. You can review the donation guidelines on the city website at cityofsummit.orgfreearket

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before bringing any items to donate. just check that out. Um, and lastly, and most importantly, I'm happy to report that our summer internship program is underway. We're very excited to have our interns here with us tonight to share what they're working on this month.

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They'll be coming up to speak in just a little bit, so you'll hear from them. This is the 17th year of our internship program. I'm really pleased that we can continue to offer this program every year. Um, I also want to thank it is a paid internship which is meaningful to

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our students. Um, and I'd like to thank our human resource manager Megan Chney Kiss a lot and her assistant Debbie Presentella who lead the program every year. They do a great job and our interns are able to get useful professional work experience as well as

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a behind-the-scene look at what we do in local government. So to our interns, thank you for being here tonight. We're looking forward to hearing from you in just a little bit and I hope you enjoy the meeting. Thank you. >> Okay. Thank you. And now for the president's report. Um first, the next

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council listening session will take place Monday the 22nd from 7:30 to 9:00 at the community center. Um I'm going to be traveling for a bit the next couple of weeks. So my next office hours won't take place until July. Um Mondays the

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13th, the 20th, and the 27th. Um, next we are going to arrange tonight's agenda a bit. Directly after our presentations, council will vote to appoint a new member to represent Ward 1 for the remainder of the year, followed by swearing in our new colleague if that

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person is present. We'll kick off our ordinances for hearing with the proposed ordinance banning AI data centers. We know many of you are here for that ordinance and we don't want you to have to wait for hearings on eight other ordinances before you get a chance to sh

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to share your thoughts. If you're watching from home and planning to come down to make a comment, this is your cue. Um I'd like next to turn to an update on the old firehouse site property. Um as residents know, the sale of the firehouse did not close as

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expected. It's disappointing, but it gives the city an opportunity to step back, apply what we learned, and make sure we're managing this important public asset the right way that protects Summit's long-term interests. There we're taking some steps right now.

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First, we're finalizing negotiations with St. Terres's to commit to a new and valid parking agreement. Um, this needs to be resolved so there's no question about the parking rights for the future purchaser. Second, we're going to conduct an environmental analysis of the

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property. Um, before the site can be developed for residential use, we'll need a clear understanding of any remediation that may be required. Um, and this information will help us make decisions and protect the property's value. Third, at the recommendation of our city administrator, we're

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considering whether a broker with more direct experience in this type of transaction would better serve the city. It's a specialized property. We want to make sure we have the right support and advice as we move forward. The good news is we have a little bit of time because our city budget was balanced without the

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sale of the property of the firehouse property. We know we do want to sell it as expeditiously as possible, but we're not under the gun. Um, finally, in prior meetings, we've had council members spend upwards of 20 minutes speaking during council remarks and it emptied

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out the chamber. At the last meeting, I asked that we limit oursel ourselves to the same three minutes that we give the public. That decision was mine. I'm not afraid to try something and say it didn't work. So, I won't limit the time at this meeting for council remarks. I

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appreciate that all of us up here approach our jobs with thoroughess and passion, but out of respect for each other, the staff, and the people patiently waiting in the audience, let's model the behavior we ask of our residents. And for everyone who speaks

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tonight, please let's show respect for each other. Um, before we move on to our historic minute, I believe our our clerk has something she would like to say. >> I would just like to give a special shout out to my husband, Frank. We are celebrating our 47th wedding anniversary

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today. >> HAPPY ANNIVERSARY and we never had a fight. >> Happy anniversary, honey. >> Um, thank you. Let's move on to our historic minute. Council member Landman. >> Uh, thank you, Council President. Tonight, I would like to welcome Enrique

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Gazardi to present the historical minute. Come on up. Enrique is a recent Summit High School grad, an ally to the LGBTQ plus community, and someone who impressed many of us when he spoke at council last year. We're happy to have him back tonight to talk about the history of pride. Over to you, Enrique.

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>> All right. Good evening, everyone. My name is Enrique Gazardi, a recent summer high school graduate. Uh I was president and founder of the political discussion club at the high school. I was also one of five captains of the high school football team. And now I am a student athlete at Franklin and Marshall College

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studying government and international affairs. So this past weekend, Summit held its annual pride event on Village Green in honor of Pride Month. And as an ally of the LGBTQ plus community, I would like to share a brief history of Pride in New Jersey and reflect on why these celebrations are important here in

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Summit. New Jerseys first pride parade took place in Asbury Park in 1992. It was inspired by change to the state's law against discrimination, which had been amended to include protections based on sexual orientation. As Aspbury Park uh was chosen because of its

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long-standing reputation as a very welcoming and safe space for LGBTQ plus commu community members. Approximately 1,500 people attended that first Jersey Pride celebration. And in the years that followed, Pride events began to spread throughout New Jersey, though not

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without challenges. In 2001, residents of Jersey City organized an LGBTQ plus bride festival after being denied a city grant. Despite the lack of official support, they moved forward and celebrated their community. In 2005, the New York Pride Festival was founded in

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the wake of the tragic murder of Sakia Gun, a young lesbian who was targeted because of her sexual orientation. Her death became a catalyst for organizing, advocacy, and greater visibility within the LGBTQ plus community. Throughout the 2010s, Pride Celebration served not only

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as opportunities to gather and celebrate, but also as platforms for advocacy. Communities across New Jersey rallied across historic milestones, including the repeal of Don't Ask Don't Tell in 2010 and the achievement of marriage equality in New Jersey in 20 in 2013.

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Pride came to our area in 2018 when the Summit YMCA hosted a Pride event at Columbia Park in Berkeley Heights. The following year on June 7th, 2019, Summit held its first city sponsored LGBTQ plus pride celebration on the village green. So why do we celebrate pride here in

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Summit? First, pride promotes visibility and representation by bringing LGBTQ plus people, allies, and issues into the public sphere. Pride helps challenge stereotypes and encourages greater understanding and acceptance into our community. Second, Pride strengthens

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community support. These events create space, safe space and inclusive spaces where people especially summits young people can connect with others, find support and express themselves authentically. Third, pride remains a powerful form of activism in advocacy.

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It highlights ongoing challenges, raises awareness of discrimination and builds support for equal rights and legal protections. And finally, Pride serves as an important act of historical remembrance. It honors those who came before us and it recognizes the struggles that have

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shaped the movement and it celebrates the resilience of the summit community that has fought for dignity, equality, and recognition. As pride in New Jersey continues to grow with dozens of celebrations taking place throughout the state this month, it is also important to recognize that challenges still

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remain. Legislative efforts targeting LGBTQ plus individuals continue to emerge across the country, reminding us that progress should never be taken for granted. From its activist roots to today's celebrations, Pride has played a vital role in not only advancing

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visibility, acceptance, and equal rights throughout our state, but serving to be a beacon of hope, solidarity, and inclusion for all marginalized peoples of the world. Thank you to the summit community and others for working together to build a more welcoming, equitable, and compassionate summit for all. Thank you.

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>> Thank you. >> Okay, we we have two presentations this evening. Um, and let's kick it off with Megan Champley Champney. I'm going to mangle this quiz. Quiz Elite, as someone whose last name is always

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mispronounced, um would you please introduce um the interns to the community? >> Thank you everybody. Thank you for having us here and taking the time. Um my name is Megan Champney Quessellate and I have the privilege of serving the city of Summit as a human resources

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manager as well as coordinating the summer internship program. Before introducing this year's interns, I would like to thank the department heads who have welcomed our interns into their departments and um they have provided meaningful learning

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opportunities and um opportunities for these young people to grow and learn more about government. I would also like to extend a special thank you to our confidential administrative assistant Debbie Perez Santala who is here this evening. Deb,

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can you stand up please? This is Debbie. Uh Debbiey's dedication, hard work, and unwavering support are instrumental in ensuring that everything within administration and human resources, including this internship program, run

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as smoothly and as successfully as possible. This year we received a record number of applications, approximately 40, which speaks to the growing interest in our program and the value students place on public service. While we had fewer

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internship opportunities available this year, we remain grateful to everyone who applied and who are hopeful and we are looking to expand opportunities again in the future, specifically within the communications field. Over the past two weeks, our interns

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have immersed themselves in the workings of local government through meaningful projects, meetings with department heads, tours of our municipal facilities, attendance at tonight's common council meeting, and an upcoming ride along with the Summit Police Department. I think that's what they're

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most excited about, actually. Our goal is to provide them with a broad understanding of the many people and departments that work together to make Summit the exceptional place that it is. It is my pleasure to introduce the city

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of Summit's 2026 summer interns. Matthew Krenfuz and Ava Shannon are applying their talents to projects within the department of community programs. Kayla Pang, our first rising college freshman out of Kent Place School, is working within the Department of

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Community Services, specifically in the land use division. And Samuel Story is contributing to several important projects within the human resources department. Please join me in extending a warm welcome as they come forward to introduce themselves and

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provide a brief overview of the good work they are doing this summer. THERE it is. Uh, good evening. My name is Matthew Kunfos. I'm a rising sophomore at Purdue University majoring in marketing and economics. And this summer I'm working with the department of community programs uh to sort of see

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how marketing can improve turnout for community programs and events. So, one of the main things I've been doing is kind of analyzing registration data and um social media data and um email campaign data to try and see um how marketing efforts um impact attendance for community events and what can be

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done in marketing to increase turnout for these events. So, that includes stuff like redesigning email campaigns and creating more short form content for the social media accounts and a lot of other fun stuff like that. I'd also like to say thank you to David Guido for being such a great mentor for this role.

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I've learned a lot and I'm very grateful for this experience. Hello, my name is Ava Shannon. I'm a rising sophomore at Boston College and I'm majoring in political science. I'm working in the department of community programs this summer with David Guida

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and my main job this these past two weeks has been to get sponsorships for the community events that run each summer like the 4th of July celebration and the concert series and movie series um and national night out. So that mainly involves reaching out to local

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businesses via email and um going to them in person to kind of inform them of the opportunities available and seeing what their interests would be um with that. And I've also working I've also been working on um reaching out to nonprofits that serve the summer community to have them participate in

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our national night out because they have an opportunity to table at that event. Um I'm also super grateful for uh David and Megan and Debbie for this opportunity and I've learned a lot through this experience. Thank you. Good evening council. My name is Kayla

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Pang and I'm a rising freshman at Duke University hoping to major in public policy. Um I'm very grateful to be interning for the city's land use division and working under the awesome mentorship of Austo. Um and recently I've been working on a report on the

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city's uh next city tree replanting cycles um focusing specifically on how to mitigate the urban heat island effect in Summit. Um, I've drafted some recommendations for the city's potential setback planting program and the city triggered landmark program and recently

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I've just been going around street to street to Summit to check for removals and plantings of new trees just to keep our city tree database completely up to date. Um, yeah, I'm really grateful for this experience and thank you all for all that you do for Summit. >> Hello. Uh my name is Sam Story. I am uh

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going to be a senior at the University of South Carolina. Uh I'm majoring in psychology and film. Uh and this summer I've been working with human resources on developing a new standard operating procedure for new hires. Uh and this is

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with the goal of making onboarding more efficient and to have something written down that anyone can use in the future to onboard a new employee. Uh along with that, I have been doing a benchmarking project uh communicating with other

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municipalities to see uh and compare their communication and social media policies. Um lastly, I'd like to thank Megan and Debbie. I am so grateful for this opportunity. So, thank you. >> I'm so sorry. I did forget to mention

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that there is one other person in this room, Emily Griffith, who is behind the camera back there, but she was our intern last year, and we are so happy to have her here tonight. So, thank them. Thank you all. You're doing meaningful work for Summit and the residents will

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definitely benefit from it. Um, so now you get to see how the sausage is made. Uh, next we have Lisa Hib from Concord Energy Services with an update on Summit's e energy aggregation program.

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Um, welcome back, Miss Hib. >> Thank you very much. It is my pleasure to be here and to report some very good news on the status of the program and to also um ask uh council to consider um possibly uh filling out a participation

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form for continued participation in the Garden State uh community energy cooperative. So my name is Lisa Hibbs. I am the director of sales and project management for the government sector for Concord Energy Services. We are the energy consultant for the Garden State

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Community Energy Cooperative of which the city of Summit is a registered member. The Burrow of Lincoln Park is your lead agent. Also, um joining with the city of Summit as a registered member um is Jefferson Township, also Mount Olive Township, and most recently

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uh we have added Mount Arlington. Uh the Bureau of Mount Arlington over in Mars County um just on June 3rd uh passed their resolution to join your co-op. So it is growing. Um the good news is um clearly making its way to other municipalities.

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So just as a bit of a recap um the Garden State Energy Cooperative uh went out to auction on October 3rd, 2025 and uh the pricing that we was received at the auction was lower than JCPO's price to compare and an award was made to

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Direct Energy Services LLC. This is for a 19-month contract term which began with residents meter reads in March of 2026. The standard program uh rate which does not include any additional renewable other than the state's renewable

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portfolio standard at 37.5%. Um that price is 14.46 cents per kilowatt hour. And uh that is compared to JCPNL's basic generation service rate. In other words, if you're not with a thirdparty supplier of your own, that

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is the default price. Um, that price was 15.6 cents at the time of the auction. So, we also have a 100% green program option. This is an optional um program option that residents can call um or go

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online and opt into. Um, that price is also below the uh JCPNL price to compare. That price is 14.61 cents per kilowatt hour. Um and the current BGS price for JCPNO because it does fluctuate. Uh it reset in June uh June

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1st 2026 it is currently we are split uh right now we have a summer one and a summer two rate. This is customary for the utilities. The program rate does not have a summer one summer 2. It is a flat price throughout the seasons. But I just

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wanted to make everyone aware that we are in the season where we do have two different rates for JCPNL's basic generation service rate. The first is 14.8 cents for the first 600 kwatt hours used by a customer. And then the second

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summer rate um is for anything in excess of 600 kwatt hours. That price is 15.7256 cents per kilowatt hour. If we blend them together, the average resident here in Summit uses 747 kwatt hours. Now, clearly that is an average over 12

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months that you're going to see summer um usage, you know, go up because we're using our air conditioners. Um but if you blend that summer one, summer two, just based on that 747, um you get a rate of 14.87. So that's considerably lower than the

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156 at the time of the auction. But again, we're on the conservative side there. Um we're just taking the historic average over the 12 months to get that 747 kilwatt hours. The good news, participating residents in the city of Summit have saved a collective total of

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over $48,000 in the first two months of the program. The average savings um for a household here in Summit is $9 a month. So, of the 7,647 eligible households within the city of

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Summit that we started with, 168 of uh the account holders requested their account be opted out and 38 account holders requested that it be a permanent opt out. So, not only not participating this round, but if the city of Summit and the Garden State Cooperative do move

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forward with um another auction, those 38 folks would not be included. they would they're kind of on a do not disturb. Um they can certainly resend that come back in but we will consider them permanently opted out until they do so. Uh we did receive 194 pieces of

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return mail for which we opted those residents out. That is a requirement of the regulation and we also had 321 utility rejections. That could be for any reason ranging from a move um changing to another third party supplier

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or just getting a little bit behind on the bill. And we require that any account holder participating in the program must receive one bill just like they do now from JCPNL. The suppliers cannot send them a separate bill. So if folks do get behind on a bill, they are

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dropped from the program just to make sure that they stay on that consolidated billing. So the opt- out rate for the city of Summit is about 23%. Which is um completely normal. This is your first time through um the GA program. So there's lots of questions of course at

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the beginning um and some some warranted skepticism. Um it's unknown, no experience with the program. So um hopefully with hearing that the program is doing what is designed to do and saving residents money um people can

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that people that have opted out can opt back in. There's no cost to do so uh throughout the ter the term of the contract. Similarly, anyone that didn't know that they were enrolled in this program and wants out, um they can certainly do that at any time during the

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contract term. Um no fees or penalties. So, at this time, uh Concord Energy Services is just making the city of Summit aware that we have um asked for a participation form to be completed for 2026 2027. This would include any

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extensions on the current contract and participation in any auctions in 20 26 or 2027. So I I know Rosemary has that. I also provided an updated resolution should um common council want to consider that. Um

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that resolution um is on file with with the clerk's office as well. I'm happy to answer any questions. >> Thank you. Do we have any questions from members of the public for Miss Hibs? Do we have any questions from members of council >> through you council?

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>> You you are leaning forward council member for you. Go right ahead. >> So the 1,600 folks that uh opted out um 38 opted out permanently, but the 1,600 do they have to opt out again next year? >> They would. It's each time there is a

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new program offering. So each time there is a new contract, there's that new information packet. Yes. And we are able to flip that to a permanent opt out, all they need to do is give us a call at 866885197. That's Concord's customer service

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number. And we'd be happy to convert that over to a permanent opt out. That way they do get the do not disturb benefit without having to opt out each time. >> Well, if I can just ask a question, a follow-up question with that. So if they opted out and it's 1,600 people um so

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we're requiring them to do it again next year. I mean do they know that they have to do it permanently? >> Yes, it's it's actually on the response card >> and it's also in the information packet itself and it's in the program video that's posted on the program's web page.

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>> Okay. I'm just I'm just concerned with h people having to do like 100% task over and over again where if they opt out then perhaps we've you know we hit the switch and they need to opt back in instead of just them

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>> the regulation is not written that way. >> Okay. Okay. And um the other question I had, you said if you're not up to date on your bill, you're automatically opted out >> with if you're it takes about 60 to 90 days for you to be behind on your bill

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before you'll be dropped. Yes. >> Okay. So you'll lose power before then. >> Oh, no. No. Right now, um just so everyone knows, we are in the moratorium for shut offs with the BPU. >> Okay. >> That happens in June. So that way you you don't lose air conditioning and and

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quality of life. Um, so yeah, that that I believe runs through um September 15th. I could be wrong though, but yeah, right now no shut offs. >> Thank you. And I'm happy to hear about the the savings. >> Thank you. Thank you very much, Miss Hibs. >> Oh, thank you.

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>> Okay. Um, so as promised, we're going to move our resolution up um to to appoint a new colleague. Um, madame clerk, you're going to read the title of this. >> I I believe I I can defer to

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>> or just go >> chair of the law committee. >> Go straight to to council member Larra Cena. Thank you. >> Thank you, council president. Resolution under law and labor ID 12613 relates to the appointment of a new ward

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one council member. Uh by way of brief background, former council member Bob Palowski um stepped back from his role in May uh of this year, just a few weeks ago, under applicable New Jersey state law because former council member Palowski is a member of the Summit

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Republican Party. The Summit Republican Party then recommends three candidates who have raised their hand and are willing to serve. We thank we thank each of the three of them for raising their hands to do that. and then it is the responsibility of the remaining council

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members to choose amongst those three. Um so we have evaluated the qualifications, the interests, we've have an opportunity to speak with the uh the various candidates who were set forward. And so I'm very pleased to move uh on the resolution that we appoint

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Andrew Smith as our replacement council member for W one. and I'll second that. Absent having a second member of the long labor committee. Um do we have any comments from members of the public on this resolution?

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>> Good evening. Nick Curial, chair of some Republican city committee. I'd like to thank council with their decision. uh I provided three excellent candidates and I'm sure it was a tough decision to make to to to to pick uh you know the candidate each candidate was well

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qualified but I appreciate this uh and let's move forward and get a new council member on the deis uh I'm sure you guys are all aware with Andrew's uh situation this evening he couldn't make it he he uh he had a health issue but he'll he'll be back next council meeting so thank

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you >> and thank you Mr. curial for for your making this such a smooth process for all of us. Okay. Any other comments from members of the public? Comments from members of council.

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Yes. Council member Lzerena. >> Thank you, Council President. I just again wanted to extend gratitude to to each of the three candidates who raised their hand and to Andrew in particular. Um had have had the chance to speak with him. He has a long history of service to Summit both through um sports community

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and and in general. He's coming with a very sincere desire to just serve the community and so I look forward to getting to work with him if we move forward and adopt this resolution. >> Yes, Council Member Landman. >> Thank you, Council President. I just want to say I know Andy from sitting

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next to each other at many, many basketball games over the past few years and um also know his mother-in-law and his wife and others. Um, and I'm excited to have him join us in this capacity. I think he'll be a great addition to the team. >> Okay. >> Thank you. >> Okay. Um, and let me just add sort of

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building on what Mr. Curial said. Yes. Um, Andy is not able to join us tonight. The plan is that as soon as practicable, he will sign his oath of office privately so that he can begin serving on committees in advance of the next council meeting when he'll be up on the

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dis and we'll be able to participate fully um and at the next council meeting which is July 7th we will sh swear him in publicly um so that everybody can can join in welcoming welcome welcoming him.

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Um, with that I um this is just A's and N's. >> Voice vote. >> Voice V voice vote. Okay. All in favor? >> I >> I Any oppose? No. Yay. We are we we now have seven council members. Thank you so much. Um let us go back to ordinances

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for hearing. And as promised, we are going to begin um with with with the ordinance dealing banning AI data centers. So, Madame Clerk, would you please read the caption for ordinance number 26-3390?

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>> Yes. Ordinance of the city of Summit, County of Union, New Jersey, amending and supplementing chapter 35 of the city code entitled development regulations subsection 35-9.2 prohibited uses. >> Okay. Thank you, council member Lucery.

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Chrisy, >> not all Italians have the same last name. Thank you, Council President. Uh, ordinance 26-3390 would add a prohibited use to the city code defining and prohibiting AI data

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centers. The ordinance is based on the model ordinance recommended by the association of New Jersey Environmental Commissions, ANject, as customized for some circumstances by our dedicated city land use manager and our city solicitor. It was reviewed by the planning board

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which unanimously agreed that it was consistent with Summit's master plan. When I originally proposed this ordinance in uh at the May 19th council meeting, I mentioned that the Bristol Myers Squib property on Upper Morris Avenue is in the process of being sold

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and that although I'm not aware of any current proposals to build a data center, I wanted to protect Summit from this undesirable development. AI data centers can use enormous amounts of energy and water in a time of drought among other negative effects. While the

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state of New Jersey is tightening rules on data centers, the federal government is relaxing their rules right now. I believe we should move quickly in this fast evolving space. We should remember that the proposed

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ordinance is designed to work in tandem with the city's existing development regulations ordinance, the DRRO, which provides additional interlocking protections. I learned in my training as planning board member that whatever is

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not explicitly permitted by the DRRO is prohibited. On June 8th, I participated in a council listening session where several residents mentioned the data center the data center ordinance and suggested ways to improve it. We have also heard from residents by email. I

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greatly appreciate this input from concerned citizens in this divisive time. I have been glad to see that summit has come together in our desire to keep out AI data centers. Our city staff has been gathering the feedback

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and we will incorporate any changes to the ordinance to ensure it provides the protection we need. Please be aware that any changes to tonight's ordinance beyond minor typographical changes will need to be reviewed and cleared by the

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planning board once again. Uh the planning board's next meeting is June 29th. Any revisions to the ordinance would then be considered by council in July. We have a binary choice tonight. Approve it. Approve the ordinance as is

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and potentially amend as needed in July or leave Summit unprotected. I move to open the hearing. >> Second. >> Okay. And thank you. Um members of the public, before we um receive your input, we do have a

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couple of of city professionals we'd like to have explain things. Um perhaps this will answer some of the questions you have um and and make the whole this whole process move a little more smoothly. And

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so we'll begin with Austo Damaso, our land use manager, who's got a presentation on on land use and how this fits into it. >> There we are. All right. Hello everyone.

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Um, on that same note, I will say that many, many members of the community have been incredibly responsive, incisive, have reviewed every portion, provided tremendous feedback, and uh, I hope that I can help settle some questions and

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avert fears and bring some light onto the ordinance, what it means, and how it would be interpreted and how it impacts land uses now and in the future. So, we're talking about prohibited uses data centers.

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The structure of the ordinance itself is very simple. Section 35-9.2 prohibited uses. We're adding the new section E AI data center facility facilities as defined herein are expressly prohibited in all zones. Now

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that in itself is simple language, but the context of applicability is complex and to fit some its needs with its existing land uses and prevent future developments that would negatively impact the community, we created the two

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definitions for AI data center and computer center. So why are the definitions important? These are going to these definitions serve to inform uh the zoning official

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and the zoning board of adjustment on how they would consider the circumstances of a land use application uh let's say a zoning permit site plan application or a D1 use variance or a variance applications in general uh

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within the city. Now that interpretation primarily lies uh within the zoning officer's ability and exercising his role. So keep in mind that while there are many complex caveats of the ordinance, the zoning

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office is keeping a keen eye on all sorts of land use developments. And now this definition, these definitions are effectively split into three parts of every statement that comprise them which identify the

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structure and the principal use, the technology as we identify it today and its various forms uh and the impact on utilities that it can have. Here's

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the breakdown of the definition on its identification, right? Uh we're calling it an AI data center and that wording is to comprise everything that could fit into the definition. So a as it's written uh AI data centers commonly

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known and as sometimes referred to as artificial intelligence data centers, internet data centers or cloud data centers importantly and any and all functionally equivalent but differently named uses, structures and facilities. Now if they choose so let's play out the

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example. Uh if a developer were to try to name their development something else, this would give the zoning official the point to ask the question, well, is it really what they're saying what it is or does it meet our definition? And that is incredibly important for interpretation of land

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uses and applications. Um so we're identifying the first part the structure and the use and the language states any building structure facility or connected facilities where the principal use is the training

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developing storing deploying and other such uses for AI models at scale for off-site users such as but not limited to. So what is this statement doing? This statement is

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applying a broad range of uses for AI workload saying that it must be the principal use of the structure. It's identifying the principal use of the structure and it's furthering that by saying

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included but not limited to. When we're identifying the technology AI and its models as they're presently understood, it's going to help the public, future zoning officials, and future zoning board members be able to

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look back at this point in time and compare because we don't know what the technology will be in the future. So, we are at this current point for comparison and we are capturing the technology and its principal use. large language models to extend neural

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networks, machine learning and any other forms or categories of types of information systems which transmit process data from and to um a variety of purposes.

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And these purposes capture or try to capture some examples of what an AI workload would involve. And that workload, the technology, the circumstances of the use of that structure fit together. And so by

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identifying the tech, we can set parameters for how that interpretation in the future will protect uh against these kinds of developments. Okay. Then we're identifying also impacts. So keeping in mind we've done structure and principal use. We've

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identified the technology to the best of our ability and now the impacts. And this is something that a lot of people are concerned about. Um but I hope to demystify a little bit. When we have the identification of the impacts, a use that meets the criteria stated herein

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and generates a total peak power load in excess of 20 megawatts or greater or has a measurable and distinct impact on water utility consumption compared to other aggregate land uses shall be considered an AI data center.

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Now this statement is establishing the baseline for 20 megawatts or a measurable and distinct impact on water utility consumption because there's a relationship on how those things affect

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or are affected by present- day data centers. Um, so if a data center were to generate 20 megawatts or more or have a measurable impact on water utility, they would be automatically considered an AI

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data center per this ordinance. So you're probably asking, uh, wait, what what about everything else below 20 megawatt? This is where the sum of the three factors I mentioned, the structure and use, the technology, and the impacts

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come together. So fundamentally if any proposed land use were to fit these three points in summary it is prohibited according to the ordinance because that land use could be categorized as an AI data center. So if

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its principal use is training, developing, deploying, storing or various categories of artificial intelligence systems uh that send or receive data that's point one. If it meets at least one of the criteria I just mentioned uh and others in the

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definition and produces greater than 20 megawws of peak power load, it's an AI data center. If it meets at least one criterion and has water consumption that exceeds other land uses, it's worded more complexely. It says in comparison

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to or aggregated land uses um for water consumption. If it meets any one of these points, if a zoning official or a zoning board were to look at the application and compare the contents and say, well, it does meet these criteria stated herein, it would

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be a prohibited use and that would be easy to identify. And so a great example came up. Um someone mentioned that there is um new technology out there for these kind of

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micro data centers where uh you take a about a generatorsized unit and people would hypothetically hook it up to their home's electrical and they would be subsidized for that electrical connection by the AI company.

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If we were to take that and we're not envisioning a hypers scale facility. If we looked at point number one, the principal use of that structure, that structure we would treat in the same fashion such as an air conditioning unit or a generator, those being the most fitting. Uh that

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would be the principal use of that structure and it would be prohibited. So the scale in this context uh doesn't matter. These three catches consider all of the possible circumstances for what the city would call an AI data center.

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Now, here we go. Uh, and why is that important? Because there is a direct causal relationship of the technology today uh to uh energy and water utility consumption, right? Um, data centers

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right now are massive. They consume a lot of power. They need a lot of power. or they consume a lot of water. Um, and you must meet those things. If we're looking at the current circumstances, if anyone tried to put an AI data center in Summit, which I do not believe they

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would, um, they would need to meet those they would need to meet that. Um, they need a significant usable land area, superfluous electrical energy generation, and access to water infrastructure to meet that AI data center. Uh however, if I were to tell

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you the things Summit does not have uh is significant usable land area, superfluous electrical energy generation or access to water and infrastructure to meet AI data center demands. uh and I'm making this argument on the part where if we we took anecdotal looks at uh

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other data center facilities across the United States and as many people are referring to uh the one in Kennallorth and the many fears around that um it simply to put it to put it simply it would not make sense to place it in a community like Summit you know where the

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data centers that we're seeing in New Jersey for example are being trying they're trying to locate them in towns that have a very large agricultural zone district because they have that open land. And there's such little home density and power generation density

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located there that um they're justifying adding the power load to those regions as opposed to more densely uh populated cities. Uh or at least that's what we've seen. But understanding that causal relationship, power, water, land area,

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is it probable in summit? I do not believe so. Um, we know what an AI data center isn't. And this statement is tossed into the definition, but it's an important one in land use, especially dealing with board applications, permits, and the

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various types of code enforcement. Um applicants uh love to try to claim they're doing one thing and then do another. Um this is included here to say if we're playing out the hypothetical example. A developer comes in says, "Oh,

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I'm going to build a warehouse in this permitted zone, but it were to be identified in any area of that warehouse that they meet one of the criteria of the ordinance." The city would just the zoning officer would just recategorize that within the AI data center definition. therefore banning it. Right?

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So we know it is not a warehouse. Um continuing now this raises the question for the second definition. Uh what about computer centers? Why did we create the definition?

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It currently exists in the prod and prod 2 uh sections of the DRRO as an undefined term. Now, having an undefined term creates a lot of complexity for a zoning ordinance, and it is important that we do define it with a land use

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that is consistent to what presently exists within the city of Summit and in those zones. Um, and so, as it's written, a written back then, there likely wasn't a vision, an understanding or acknowledgment that AI data centers

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or data centers would become what they are today. So reasonably as you know as a as a member of the zoning division I would imagine that that understanding simply didn't exist. So they wouldn't

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have thought to think about it. I don't think any of us would have imagined that uh AI tools and the circumstances of creating it would have reached this point today. Um, so the proposed definition for computer center is made

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to fit what exists and maintain the status quo of those two zones currently in the city. And this definition helps protect from the loophole. uh like the warehouse example I just mentioned, if we had left

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computer center uh an undefined term and didn't capture what currently existed, uh a savvy developer could have tried to put a data center there, call it a computer center, and say they're entitled to it. Uh but we are avoiding that by including this in the ordinance.

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So further protected from that egregious use as I just mentioned computer center we're identifying the structure and the use uh facility or portion of a facility that's used primarily for office research administrative educational or

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institutional or business support computing activities. So then you're thinking about the character. Okay. So it's used primarily as an office. It's used primarily as a medical institution. It's used primarily as an educational institution. Um, uh,

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there is a financial industry there. Uh, and it just so happens to be that in that primary use, principal use, there are computer rooms, information technology support rooms, network rooms, software development spaces, etc.

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And those spaces serve the principal use in an accessory function and they are subordinate to the principal use. So if I had to give an example and I think it's easiest to use the present one um if we have medical

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research going on in the prod and prod 2 zone. If there is a server room type facility there that is used for on-site purposes that helps um

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uh helps this primary use accomplish its function uh and it's not transmitted out into the internet and the ether um that would fit the description of computer center. So it would remain permitted and that is the status quo as of now. Um, so

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let's talk about the character. The computer center must be accessory or subordinate to the permitted principal use. Like I mentioned, it has to be office, administrative, institutional, research oriented, permitted principal

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use. Now, here's the part of the character. It must be occupied and staffed consistently with that same use. So when we're talking about it, you imagine a data center at scale, these are massive

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rows of highdensity computing technology that are not staffed, that serve purely transmission purposes, AI workload processing purposes and do not have a direct relationship with the people who work there on that principally permitted

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use. The computer center must have that. And this is where the tiein to the AI data center comes in. It shall a computer center shall not be primarily designed or operated for the large scale housing of servers, cryptocurrency mining equipment, AI computing

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equipment, cloud computing infrastructure, collocation equipment, or other highdensity computing systems for off-site users. This is where there's a connection to the AI data center uh definition in terms of the technology and its use. Um

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if someone were to claim that a computer center is not uh is meeting this category of the shall not be interpretation, um it could be recategorized. It could be a violation and it would be prohibited under the ordinance and

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called an AI data center. So we're protected on multiple fronts via both definitions from closing loopholes on computer center and uh instituting those three points from the AI data center uh

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definition. So is the city currently protected from all AI data centers in terms of the code? I would argue that yes, actually as it stands before the uh institution of this

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proposed ordinance, the development regulations ordinance section 35-9.2 prohibited uses a where a use is not specifically permitted in a zone district, it is prohibited. What that means is if a development

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application came in for some kind of AI data center and so on and so forth, it is already a prohibited use. They would have to file for devariance relief and go to the zoning board and successfully complete the onslaught of public comment

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at the zoning board. Um, but that would be a part of the process. And I also want to demystify one thing. There's a misconception that in passing ordinances like this across the state, this would prohibit someone from applying for a D1

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use variance. These ordinances, regardless of where we are, they don't prohibit a developer from applying for a variance. They just state specifically that the ordinance recognizes we do not want this use permitted. Um, so that's

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that's an important distinction. uh and from that the city's protected. So if it's already prohibited, why are we doing this? precisely for this exercise. Now, this ordinance was crafted with our present- day understanding of how the technology

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applies, our present understanding of the existing land use uh structures and facilities and application in summon and creating this definition today. regardless of whether it is amended or made more uh let's say strenuous in the

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future. It's important because it's going to inform the generations the future generations of zoning officials if they're not replaced by AI um and zoning board members uh of the same. So, uh I hope you have uh enjoyed listening

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to my presentation. I put a lot of effort into it and um there's always a line of communication with uh the land use division. Feel free to call if you have questions, concerns. A lot of these things came up from the comments that were provided by members of the public

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and members of council. So, thank you everyone. I I hope that was helpful. >> Thank you. >> Okay. Thank you, Mr. Domo. And I'm going to ask our city solicitor um to provide her advice on the question

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of recusal. Uh yes, there was a question about whether one of the council members should recuse themselves from participation in the public hearing on this ordinance. And under the New Jersey

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local government ethics law, determinations regarding conflicts of interest are inherently personal to the individual um and very fact-sensitive. Any potential conflict depends entirely on that specific individual's

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circumstances and the matter before the the exact matter before the governing body. Each each situation is evaluated um on a strict casebyase basis to ensure legal compliance and maintain your trust. Uh based on the facts presented

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regarding a potential conflict here, um my office has determined that there is no conflict of interest under the local government ethics law that would require require recusal. In this instance, the proposed ordinance is a general piece of legislation that applies to all

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properties in the city. There's no direct or indirect financial interest being impacted and there's no direct or indirect personal relationship involved. So, we don't have any issue here. >> Okay. >> Thank you very much. You've all been waiting so patiently, it's finally your

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turn. Um, because we have so many new faces, I just want to remind you of a couple of things. We do ask that you limit your comments to 3 minutes and this is a comment um part of the pro part of the process. It's not a

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conversation. If you have questions, we typically um gather them throughout the hearing and answer them at the end. If there is something that can be answered in a word or two, we may do that. But for the most part, if you have questions, um we will address them at

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the end of the hearing. So, with that, please kick us off. Thank you. Hi, my name is Kelly Elco. I live on Waldron Avenue, 19 years summit resident, and thank you for that information from council, but I do have

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some comments about this specifically. Um, I am speaking tonight regarding the proposed AI data center ordinance and the future of the former Bristol Myers Squib campus. I would like to respectfully request that Councilwoman Masaras Cena consider recusing herself

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from matters involving AI data center policy and any future deliberations specifically concerning the redevelopment of the Squib property. Let me be clear. I am not alleging any wrongdoing, ethical violation or improper conduct by Councilwoman

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Larosina. However, public trust in government depends not only on the absence of actual conflicts of interest, but also on avoiding circumstances that may create the appearance of a conflict or raise questions in the minds of residents. Residents are aware that Coreweave has

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become one of the nations nation's largest AI infrastructure companies and a major participant in the rapidly growing AI data center industry. Residents are also aware that Ms. Larosina's husband serves in senior leadership at Cororeweave and is

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responsible for helping shape the company's strategy, growth, and position within the AI infrastructure market. At the same time, Summit is considering an ordinance specifically directed at AI data centers. While the future of one of the largest redevelopment opportunities

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in the city's history, the former SWIB campus remains uncertain. Also, Corey Weef previously partnered with developers at the former Merk campus in Kennallorth to create a major AI infrastructure project. That project has become a prominent example of how

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former pharmaceutical campuses can be transformed into AI data centers. I have no idea if Coree is pursuing the Bristol Myers Squid property, and I'm not suggesting that Ms. Lasarena has acted improperly, but my concern is one of public confidence, which has eroded over the years. As we all know, when

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decisions involve an an industry in which a close family member holds a senior executive role, reasonable people may question whether those decisions are entirely free from outside influence, even when no such influence exists. For that reason, I believe recusal would both protect Councilwoman Learina and

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the city of Summit from unnecessary controversy. Recusal would allow the public to have complete confidence that decisions regarding AI data center policy and the future of the Squib property are being made without even the appearance of a potential conflict. I

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respectfully ask Councilwoman Lasarena to consider whether recusal would be appropriate in order to preserve that trust. Thank you. And I also just want to say that I emailed all of you with my opposition to the data center and with my suggestions on how we could rewrite

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it and only Miss Toth to replied to me. So I thank you for that. But if the others could have given me the same consideration, I would have really appreciated that. >> Thank you for your comments. >> Hello. Uh Andrew Mineer, Edgar Street Summit. One second.

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>> Mhm. >> Sorry. Is this counting against my time? I'm cleaning the glasses really quickly. >> I'm not counting your time. >> No, not at all. >> Five bucks Home Depot, by the way, Chief. >> Um, okay. So, um, thank you for banning data centers, council. Uh, you will likely hear, and you have heard already,

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multiple requests about this ordinance. You're probably going to hear many to amend this ordinance tonight, make it more clear that AI data centers are being banned in some since January when control of this council changed hands. I have seen this council listen to residents through many different

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channels, weekly office hours, emails, phone calls, social media, impromptu sidewalk conversations while you were tending to your gardens, Michelle. And you have taken resident concerns very seriously like champions. In fact, I know I happen to know that this ordinance being on the agenda today is

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the result of you listening very carefully. You heard the urgency from residents on this topic and you fasttracked the ordinance so that there was a hearing on it tonight. So, thank you. You are balancing the needs of many different people from many different viewpoints and that is commendable. On

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the topic of balancing, you're probably going to hear the request to table this ordinance tonight, to not vote on it tonight. Dan, uh, excuse me, council member, uh, Christopher Foley, I was glad to hear what you said about that, uh, that when you started it. In my opinion, it is better to first pass this

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ban on AI data centers before making any changes for many reasons, including that the planning board already voted, like you mentioned, uh, that it is consistent with the master plan. But also, because of the good work I have seen from this council so far this year, you will listen to this community and if needed,

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you will make this AI data center ban even better in the weeks to come. Uh, we trust you to do that. Thank you. >> Thank you. >> Hi, good evening. >> Good evening. >> Can I start? >> Yeah, go right ahead. >> So, my John, my name is John Hung. I

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live at uh 223 Ken Place Boulevard. Uh I work in AI infrastructure for one of the tech companies that build and train today's like largest AI models. So because these data centers are highly restricted and tightly secured, very few

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people ever see the inside of them. I'm one of them. And because of through my work, I have been granted access to access access to visit these sites multiple times. I know firsthand how this infrastructure operates. And I also happen to live right behind BMS.

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Uh I'm here to speak tonight uh because this ordinance I'm telling you that it is not um robust enough and we need to reconsider this. So while I support the goal of keeping data centers out of summit, this ordinance relies on overly

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simplistic criteria that creates dangerous loopholes. We shouldn't be trying to regulate this with arbitrary numbers or engineering triggers. We need a complete like more robust span on this. So, I know the ordinance tries to be smart by using some or logic to say

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we ban the facility if it hits either a 20 megawatt cap, a high water consumption trigger, or the need for some custom electrical substation. But as an AI infrastructure expert, I can tell you that modern tech easily bypasses all of these safeguards. First,

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the industry has shifted rapidly to closed loop liquid cooling. Because the fluid is sealed inside a closed loop, the facility consumes zero municipal water. This completely bypasses your water trigger. But the reality that is that in anyone's backyard close to these

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data centers, the intense heat still needs to go somewhere and get rejected into the environment. And they can only rely on high-owered external radiator fans to do that. So, a developer can technically build a 19 megawatt zero water facility that is perfectly legal

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under your ordinance, but the 24/7 low frequency humming and noise of these fans will be in our backyards. Second, uh developers, this is a common practice in industry, routinely use a what we call a warehouse pivot because data centers are just concrete shells. A

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developer can apply for permitted use like a fulfillment warehouse. Once they're built, they can quietly fill the interior with ultra dense next generation server server racks and still apply satisfy your criteria. The gamble they're making here is that your city

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our city does not have the technical resources and to audit and understand the interior interior layout of whether this is really trading AI or serving it. And I will tell you that regards to the computer center comment um I've been to these places. They have business support

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functions. We even have cooking staff serving free food to engineers there. These are fully staffed facilities that act as offices as well. And so uh the last thing I want to say is that uh we are building this ordinance based on current understanding. But the industry

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is highly unpredictable. Within just a span of 2 years, the tech sector had gone from traditional structures to having makeshift tents to power data centers on land. And now we're talking about building data centers in space. >> So because of the intense and creativity. We need to really assess

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this and rush not rush through this art. >> It's Yeah, it appears that you've you've prepared this in writing. If you could share it in writing with us, we'd appreciate that. >> Is that legal? >> Um >> there was a recording device added. Was that legal?

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>> It's a public meeting. I don't I don't believe there's any prohibition when you're here. So, we can continue on. >> Okay. >> Okay. >> Yes. >> Hello, council members, mayor. Um, so my name is Lori Wade. I'm actually a resident of Union at 560 Malcolm Road.

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But as a as a resident of Union County, I wanted to be here to support this ban on AI data centers. Um, so I'm actually here representing the nonprofit, the Union County Residents Alliance Coalition. So, we're very passionate about preserving the future of Union County and not having these AI data

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centers here. I can we can talk adnauseium about what they do, why they're harmful, what they could do to the environment, our health. Um, the gentleman before me kind of said half the stuff I was going to say. So, um, but I wanted to first focus on your transparency. So, thank you so much for

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your FAQ that was online. Um, for making it so publicized. Look at all these people here who your residents knew that this was happening. We were here. we were able people of Union County were here to voice our concerns and ask questions and um you know that transparency as leaders of the

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community. It's really something that we appreciate. Um, and uh, you guys bear a responsibility to the residents to notify us of this before it happens, the ordinances, and not to have things happen that don't seem like it's an AI data center, as the gentleman just said,

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you know, building something that then gets converted into one or um, so Corweave, for example, they're building an AI data center in Kennallorth. It's right across the street, literally right across the street from Union, but Union didn't, you know, there was no there was no talking there. Um, also they have

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plans for two more AI data centers. So, the one that's got the approval is being built right now, but they're now trying to approve two more, and we don't feel there's the transparency with the Kennallorth Town Council. So, I really want to thank you in Summit. You guys really did a service to the community

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here in Union County. Um and uh I also appreciate the delineation between a data AI data center and a computer center. Um and uh we also at the coalition could use your help in getting the information out to the summit residents as residents of Union County

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that this is happening all over the county. There's lots of talk. Union just uh passed an ordinance to ban um AI data centers at their last council meeting. And um we uh we also rec recognize that big tech wants New Jersey to be top five

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in AI infrastructure. It's there's tens of pressure on townships and counties. There's a lot of pressure to acquies to this construction of these data centers uh within your borders and the pressure from big tech. They have tons of money, tons of power, tons of influence. So, we appreciate putting the residents first

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and we want to show gratitude to the council for hearing us out, prioritizing the health and of the people and the environment in Union County and all across our beautiful Garden State. We're the Garden State for a reason. So, we want to preserve the environment. Um, and this may feel like a small thing,

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but it has a ripple effect. Um, so, Miss Mayor, at the coalition, we'd love if you shared this um rationale for the ban with the New Jersey mayor's meeting. Um it hopefully you can encourage other towns to follow suit um in putting affordability and health above big tech and profits. Thank you for your time.

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>> Thank you very much. >> Good evening, Dia Hamlet. Thank you, Irene Lucer, for letting me borrow your readers tonight. Uh good evening. I want to speak directly. I want to speak quickly. I know we only have three minutes, which I understand. Uh, I want to speak directly to the misconception that this ordinance is safe because it only applies above a 90 megawatt

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threshold. Everyone is being guided by the size of the megawatts, but that is not the only issue residents experience on the ground. For the last 3 years, I've been boots on the ground with the residents down near the BMS facility multiple times over the years. I was there again last night with the neighbors. This is not theoretical to

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them. The data center component there is roughly 11,000 square ft. You can ask the residents up and down the street. There is a constant mechanical hum. It's simply a fact. There are backup alarms which we recently got solved over the last year. The there is noise that residents are living with every day. And

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that is the white elephant in this room. The ordinance as written largely ignores the very reason many neighbors are here tonight that know nothing about megawws. Residents are not here because they are studying megawatt thresholds. They are here because they are living with

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constant humming, alarms, mechanical equipment, and industrial noise that impacts a residential area. I also want to clarify the role of the planning board. The planning board's role that I sit on as the vice chair was not to rewrite the ordinance. The question before the planning board was whether or

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not the ordinance was consistent or not inconsistent with the master plan. That is a very different question from whether or not the ordinance is strong enough, clear enough, or protective enough for the residents. Council member Chris Fully sits on me with that board and he would be able to clarify that for

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you as well. And respectfully, this is the job of local government, not just to look at a definition on a slide, but to go out, visit with the residents, stand on the street, and hear what they are experiencing from an approximately 11,000 ft facility. If neighbors are already dealing with this level of noise

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from that facility, then why should we not pretend that a megawatt threshold alone protects them from a larger or repurposed data center use? That is exactly why the 20 megawatt threshold concerns me. I got a minute left. Noise does not magically become

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acceptable at 19 megawatt just because an ordinance starts at 20. The noise comes from the equipment, the cooling systems, the chillers, the fans, the generators, the transformers, truck activity, just as our friend John here just said. Sounds like we should put him on a committee. The question is simple.

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Do we really believe 19 megawatt data? Do we really believe 19 megawatt data would be quiet, but a 20 megawatt data center would be not? Of course not. And to the slide that said, wait, what? What about everything below 20 megawatts? Exactly. That's the question.

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The city's position is that an AI data center below 20 megawws are already prohibited because the principal use language the 20 watt 20 watt 20 megawatt threshold is not necessary. It should come out. Leaving that number in the ordinance creates confusion. Tells the residents one thing but gives the

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developer another to argue another thing to argue. It gives future applicants, attorneys and boards a number of things to fight over. If the intent is a true ban, then say that ban the use. THANK YOU. HELLO, Elliot Fishman, 34 Webster

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Avenue. I'm one of the residents uh in the neighborhood behind BMS and I'm one of the 200 residents who signed the petition and one of the 40 residents who teamed up with former mayor Nora Raidist and Delia Hamlet to fight the noise at

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BMS. So I'm standing at this lectern to underscore how grave and how serious noise from BMS presently is and to amplify what Telia just said. That is the white elephant in the room here. Now BMS may consume 3 or 4

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megawws. They're talking about 19 or 20 already. The noise is unbearably bad in that neighborhood. Uh just as a matter of history. Uh well, you may be aware that Summit has a noise ordinance on the books where 65 dB after 7 p.m. is

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prohibited. That has never been enforced except one time. that was against BMS when uh former mayor Raidist uh contracted the county district attorney to sue BMS. Now, that lawsuit was

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disposed, but we actually had the board of health out with noise meters and a county attorney are writing complaints against BMS. Now, you're proposing something which is potentially five times that would be very disappointing

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to the whole neighborhood. Thank you. >> Thank you. >> My name is Eric Moberg. Uh thank you, Mayor, Council President, Council. Uh, I am strongly in support of the most

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stringent language written into the AI data center ban. Councilman Ber has been especially focused on protecting the residents of Summit and everyone who

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visits Summit and does business in Summit. Now for the people who are at home watching on TV or on YouTube, the traditional AI data center, it has

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nothing to do with a computer room or speeding your orders from Chewy or getting your Amazon orders there any faster. It can also be noted as a surveillance center. It is tying

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together all of the flock cameras. It is it is that is the reason for the massive amount of computing power that is needed. That is why it needs to use so much water. Now for a sake of comparison,

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let's say our current ability to generate power as a postage stamp. A traditional computer room is insignificant, but an AI data center would be equivalent to a

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large ballroom table or a massive dining room table. Where is that power coming from? What are you doing with all the heat? And as far as the hum, it never

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ever stops. You will hear it 247 365 including Thanksgiving and Christmas and New Year's and Easter and it won't stop. I urge the council to strike all the

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megawatt language. Make it very clear, very plain and ban them all. Thank you. >> Good evening. My name is Sheila Kosik and I live on 255 Camp Place Boulevard. Um I will share my time with my son

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Rohan who will also have a few comments. I just have a few very quick comments. Uh it's my first time coming before this council and first time speaking on any matters um regarding the city of Summit. Um but you know this felt like an important one and uh and I certainly

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echo I think every single comment made by the other residents. Um I'm not an expert in the field. I appreciate John Mr. Hong and his comments about uh the weaknesses in the language that's written and I and I also appreciate the you know what appears to be kind of the

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same intention to ban AI data centers but I don't think it takes an expert to see a lot of the gaps and the misses in the language and how it can be more robust and turn over to my son. >> Um I think >> could you adjust the microphone?

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>> My name is Rohan Kashid. Um, I think we should stop the data centers because >> speak into the m microphone, honey. >> Um, I think we should stop the data centers because it's it uses a lot of water and maybe we could use the water

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for something else. Um, is also the environmental concerns. It might like destroy a lot of the environment and the noise will be very annoying like a lot.

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Thank you. Thank you very much. >> Good evening. My name is Lucille Callahan. I live at 131 Pic Avenue for 37 years backed up to the property that we're discussing and it is noisy and

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every new purchaser of that land has be been worse and worse and worse over the decades. And the other some of the things that I noticed tonight, we were hearing that it's really unlikely the probability of a data center coming to Summit anyway isn't going to happen. Why

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rely on that? Just say no to all of them, period. Regardless of size, I don't know the difference between over 20 and under 20 in terms of what those fans are going to sound like, but it's not going to be good. Um, I also want to know, do we have studies that tell us

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what's happened in other markets where these have gone in to property values right within the ring around the data centers and the mile out and the two miles out and the three miles out? What about businesses? If property values are going down, the viability of the town

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goes down. How many businesses closed? What about the income for the business owners? How many businesses closed? And what about hearing auditory? If we're going to be immersed with this god-awful sound, are there studies on what happens to people's health and their hearing? In

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the areas that this has happened, and I'm talking about like tolike areas of Summit, New Jersey, how many are these across the country? Do we have any information? Has anyone looked into it? Have we had National Association of Realtors look at property values? What

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has dropped? What hasn't? Has it gone up? Maybe, maybe it's a good thing. I don't know. Uh but um we need that information. So until we have that information, we need to restrict these data centers coming in and do it quickly and it needs to

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prohibit all regardless of the megawws. Thank you. Susan Bowen, 45 Waldron Avenue. I am a lifetime Summit resident. And one thing I know about all of us, there's a reason we live here. And the reason we live

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here is because we're really good at what we do. And so we get to have nice houses and that's a great thing. And I've known very, very brilliant people here in Summit. My dad is one of them. Went to Princeton. Um, you know what

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really, really bright people do? They realize they're not experts. They find the right expert. Why haven't we found Mr. Hung? You guys are very good at what you do,

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but you don't know about this. You just don't because it's not what you do for a living, right? And let me tell you two other things I saw. One of them is my other house is at Lake Oopong. And Lake

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Oopong has very wholesome rules about the noise ordinance, right? And yet there are huge boats on Lake Oopong every day that are way above the nose noise ordinance. You know why? It

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wasn't well drafted. And so what happens is you say, "Well, there's a problem with this boat." And they say, "Well, we don't have a way to test it." And the way we test it is when the boat is idling at the dock.

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That's not when the boat is loud. That's why you need experts to say, "In 5 years, this isn't about water, but it is about something else." I don't know, but you guys don't either.

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Trust the real experts. Remember why you're here. Remember what you do when you have a complicated problem. You go to an expert. You go to not necessarily a smart person. Although you really want a smart person, but you want

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an expert. Why isn't there anything in this about noise? Is that our problem? Is that going to be our problem in five years? probably. So, why aren't we thinking about it? The other thing I think, and I see you have

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41 seconds, remember my thing about the boats that they go back on. The only way you're going to find out about water usage is after this is built. And you know what? You're not a water utility, right? You don't have the ability to

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audit how many gallons of water are going to be used. So, why does it matter? Why aren't you waiting until you understand? You talk to somebody like Mr. Hung. You ask Mr. Hung, who's the best guy who knows about that and you

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talk to that guy. That guy may not know how to cook a turkey. He might be very smart, right? You wouldn't trust him to cut tuck cut uh cook a turkey, but you would trust him to talk about data centers. And that's what you're not

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doing. So that's what I think. >> THANK YOU. GOOD EVENING. DON NELSON, 20 Plain Street, lifelong resident of Summit. Um, I know you guys are trying your best. I know you really are. Um, but I looked at a flyer this afternoon uh that talked

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about the sale of 88 Morris Avenue. On the flyer, it says data center as one of the uses. So, though we may believe it's not going to happen here, if it's being advertised, there's a possibility it's going to happen. I know you're

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trying your best. And uh just to reinforce um the noise coming off of Bristol Wire Squib, uh I was in someone's backyard on Kemp Place the other day. Believe it was 211. And I was shocked by the noise. It it I was just back there for some

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other business I was conducting and I was really shocked by the noise. So, um, while we're trying to do our best, um, we really do need to recruit experts. I'm not an expert. Believe me, I megawwatts, kilowatts, whatever. Change the number. Make it so that make it so

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that a 5-year-old, you can explain it to a 5-year-old that they know. No means no. We all have kids. Most of us have kids. We say no, they push the boundaries. We say no, they push the boundaries, we give in. You have to say no. It's pretty simple.

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Your number one job, forget budgets. Well, your budgets do dictate how you protect Summit. Your number one job is to protect the citizens of Summit. Whether red, blue, purple, yellow, green, whatever the case may be, that's your number one job. You all ran about

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how much you love Summit. I love Summit. Show that you do it. Show that you really love Summit. ban data centers with experts so that 20 years from now when that little postage stamp thing that the guy was talking about doesn't

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become a problem for us. I guarantee you most of you won't even be in town in 20 years. I hope to be. I've been here all my life. Don't screw it up. Right? We're going to live with your decisions for a really long time. Your number one job is

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to protect us, who you said you would do when you ran for council. Please do so. Make it so it's easy to understand when a developer comes in and says, "I want to do this." Whether it's a data center or a high-rise, I know affordable housing is a whole different animal, but

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we have to protect what Summit's about. And we're slowly, slowly losing what Summit's about. And this is your opportunity. Clean slate. Put the future in your hands. write it so it can't be screwed with. Does that make sense?

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Thank you very much. YOU HEAR >> HI, my name is Irene Lo shirt 14 Lennox Road. Um ear my son who recently graduated from college is back and living in town and was asking where I was going tonight. So I gave him a be a brief overview of why I was going, who's

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on council, who believes what, where they stand, and he did a quick search about AI data centers, and he said, "Oh, 19 megawatts. I mean, says that could be as big as a Walmart super center, which is not really small." Um and he said and

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I said well you know there are these people who are okay with the ordinance the way it's written and then there are two people on the council who are completely are you know or for a complete ban of AI data centers and he said shouldn't everyone on the council

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be against that and I said yeah you would think that everyone on the council would want to ban any sort of AI data center um the other thing I wanted to ask was that um council president to had that made it seem that we should pass this ordinance or you should pass this

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ordinance and that we can amend it down the line pretty easily and finesse it. My question is why not go for the outright ban to begin with and then finesse it. That way there's no question, right? There's no loopholes to

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get through. If you ban it out right and then you feel like you need to work it a little bit and rewrite it and see maybe it's a little too restrictive because I don't know a school needs a computer center or something like that you know you can work backwards. Um that's all I wanted to say. I am strongly against the

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ordinance as it stands right now. Christine Erle, 12 Harvey Drive. Last name is E R TLE E. Um, I uh want to thank the prior residents for the excellent points that they've raised and I ask you to seriously consider the points that they've raised. Um I want to

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supplement their remarks by saying that um one of the things that I've heard on the news on TV is that New Jersey is already one of the leading states in AI centers. So when I heard that fact or

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that comment on the TV, I was concerned about that. Um the other thing is that the federal EPA is now promoting that the uh AI center um builders

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go to closed water loop systems for cooling so that they can avoid the issues with the water supply. So that that's another example of how the wording that's in the the um ordinance needs to be

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factor in the fact that the water supply isn't necessarily going to be an issue if they go to this new new method. Um the other the other thing that they're promoting is that they're permitt uh promoting building their own energy uh center on the site which I'm sure you've

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heard about because that's kind of gotten a lot of publicity so that they don't have to use energy off the grid. So that's another thing that um talking about the heavy use of the energy isn't necessarily going to be an issue if they

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have their own energy source. Um the uh other thing that I had a concern about was the um comment that was made. The presentation was excellent by the way, but I had a concern about the comment that there's no large property available. Um I'm sure that Kennallworth

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thought the same thing because they didn't expect MC to sell their property to someone who was going to build an AI center. And we have two large Bristol Meyer squib properties in town. I happen to live near one of them. So

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I'm why I don't think they have any um thought of selling it at the moment. You just never know because everyone knew Merc was a really big good place to work in Kennallorth and now it's not. Um the other thing is that um

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um I wanted to raise was that the I I am very concerned about the noise pollution and I'm concerned because it's not really being mentioned in the presentation or in the ordinance uh from what I can tell. and air pollution. You don't hear people talking about air

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pollution too much, but it's my understanding that that's a factor as well. In addition to the noise pollution from the decibel level and the um fact that there's also this other kind of noise pollution called tonal noise,

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which we don't even know it's out there because we can't process it ourselves. So, that's another type of >> Thank you FOR YOUR COMMENTS. GOOD EVENING, COUNCIL. UH, thank you very much for having me. And, uh, my

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name is Tom Soal, 227 Kent Place Boulevard. Um, yeah, I've been in the, uh, been in Summit for about 6 years. I just want to say thank you very much for raising this ordinance, making sure that we are banning uh uh AI data centers.

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This is an incredibly important thing to get done and get done right. Um I have a background in construction. I've built the air conditioning systems for data centers. I know firsthand how loud they are. Even for smaller centers when I was

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working with them years ago, they are incredibly loud, incredibly hot. No one works in them. It doesn't provide employment opportunities. It doesn't contribute to the community. Offers very little except for lots of lots of noise,

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lots of heat, lots of pollution, rising electricity costs, tons of negative benefits, tons of negative consequences, very few benefits for the community. uh being right at right behind the BMS property right now. I could see their

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loading docks when the the leaves fall in the fall, it's incredibly loud already. There's plenty of com uh comments already about the noise pollution and how that's not really addressed by the the current ordinance. That is already incredibly pro a big problem and you're talking about a 20 20

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megawatt facility as per the wording. Imagine your air conditioning unit in your house is about 1 kilowatt. think 20,000 times bigger than that. It's freight trains size condu condensing units outside pouring sound and pouring

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heat out into the atmosphere. So I do want to make sure that we have the right uh people looking at the ordinance making sure that we have the right wording. These big these companies are big. They have a lot of lawyers. They have are very creative in finding loopholes through. We need to make sure

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that this ordinance is bulletproof. now and into the future because no one wants to see this in their property and see the noise and the heat get even worse. So, thank you very much. Thank you for your time.

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>> I'll be brief as I I did not prepare anything. But at your listening session last week, I asked the members that were present ma'am >> if you could just >> I'm sorry. Mary Joe Defonso, 12 Washington Avenue. At your listening session last week, I I requested that

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any research that you guys needed to do was done thoroughly and extensively. And when I hear all these people coming up and rattling all this stuff off, I didn't even know you haven't done your job. Did you know

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that the Nashville Zoo is fighting this very same thing? They're supposed to put data centers right next to it. And so if it's going to do affect the animals, how is it going to affect us? Can anybody answer that?

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No. So Dan's right. I've lived here for 50 years of my 62 years. You got to get this right. I don't want to leave. My husband wants to go to Florida. I don't want to go. This is where I grew up. This is where my family owns property, but if you guys can't get this right,

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I'm out of here. So, do your job and get it right. Thank you. Good evening. My name is Aaron Cohen. I live at 225 Kent Place Boulevard with my six-month old daughter and my wife Ashley directly bordering the Bristol Myers Squib campus on Upper Morris

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Avenue. I'm one of the residents who will be most immediately directly impacted by whatever happens to that property and that's why I'm here tonight. I support the intent of ordinance 26 3390, but the council is this council is right to act and I'm grateful it's moving. But I'm asking you

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to not pass this ordinance as written because the 20 megawatt threshold creates a loophole large enough to drive a data center through. 20 megawatts is not a small server room. It's a midsize commercial data center potentially 50 to 150,000 square ft running 24 hours a day, 365 days a year with industrial

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cooling systems and backup generators. My neighbors and I already know what it sounds like to live next to a heavy industrial equipment on that campus. A data center would be significantly worse. More importantly, that threshold doesn't account for what we've watched happen 10 miles away in Kennallorth. Corweave entered that community

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describing a 40 megawatt facility. It is now a 250 megawatt, 1.8 billion project under active construction. And most residents did not know it was happening until it was too late to stop it. The BMS campus is 88 acres. Nothing in this ordinance prevents a developer from subdividing that property and filing

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multiple 20 sub 20 megawatt applications, each technically compliant, collectively catastrophic. I'm suggesting for three specific changes to this ordinance. First, remove the megawatt threshold entirely and define the prohibited use by purpose. Any facility whose primary function is

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housing servers for AI compute, cloud infrastructure, or data storage regardless of power draw. Second, add campuswide aggregate language so the limit cannot be gained parcel by parcel. Third, explicitly state that this is prohibit this this prohib prohibition survives any future redevelopment

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designated for the BMS campus because under New Jersey law, a redevelopment plan can override a zoning ordinance and that is exactly the mechanism a de developer will use. This ordinance is a good start, but a weak ordinance passed now is harder to fix tomorrow. Please send it back for tighter language. The

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residents of Kent Place Boulevard are counting on you to get this right. Hi, my name is Tim Smith. I live at 247A Kent Place Boulevard. Um, and I want to uh applaud you for taking up this issue. It's a very important one. So, thank you for taking it forward. Um, I am affected

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also by the noise coming from BMS. I've been to this um chamber before to talk about reverse alarms. Uh, we made some progress with the white noise reverse alarms. They were going off at 3:00 in the morning and keeping me and all my kids awake. So, I applaud you for making that uh making sure that the contractors

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at that campus are actually using uh noise alarms that are below the level. But what I will say is the noise ordinance in Summit in broader New Jersey of 50 dB overnight is too loud and it doesn't take into account the lowwave frequency. So, if you go outside on my back porch, you will hear the hum

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like a freeway um from the BMS condenser units. Um that's just what's pre-existing there. Um, I would encourage the council to take up stricter noise uh ordinances as part of this uh plan. Uh, it's the noise that's the core issue for us where we live at our house and there's no mention of any

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sort of noise pollution that is affecting the property today or what it could be in the future. Um, there are noted health benefits for a low hum um on children, on sleep. Uh there's a lot of I encourage you to look up the some of the issues with a low drone hum

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coming from a campus like this. For me, that's the core issue with the uh with the data center and with the current uh condenser units on the site. Um so, thank you for your attention to this. Um I appreciate all the work that you've done in the past and I hope you'll continue it into the future. Thank you. >> Thank you.

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>> Good evening. My name is Marisol Rodriguez and I live on 27 Harvey Drive and I thank you for your service. Um, I echo our fellow residents and I've noted that no one is for data centers. We are

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all against them. Um, and I also felt that the three points about prohibiting data centers, I was sad to see that it didn't mention anything about noise, which has been a great concern. And now I'm learning about the great heat that

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uh these data centers produce and it that would be a terrible impact on the environment. So I respectfully ask you to please do what you've been voted into office for and that is to protect um

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Summit and its residents. Thank you. on you Milton Avenue. Um the last time I spoke at a meeting in Summit, I've lived here for 30 years, worked in the town. Um was when BSW Broad Street West was going on and we almost went down the

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wrong road. Um and it was stopped after it went through. And and if you learn from history, that's something that really got me involved in politics. I'm a registered Democratic Democrat. Um but

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this is not political. Um trust is errant. Um perceptions are perceptions. Um I think there's so somebody should rec recuse themselves.

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Um, and last point because I don't want to go over three minutes, um, is noise. The only noise we should have in Summit is the ambulances going up and down Broad Street saving people's lives and the Fourth of July fireworks. Thank you.

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Do we have any more comments from members of the public? Um, my name is Laura Soden, 48 Madison Avenue Summit. Uh, I don't have any planned speech, but in listening to everybody, I echo everything that they've said. Also, I not to brag or

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complain, but I'm 84. I hope to die in my house. My mother died in my house. And if this gets passed and if these little um I know BMS is going to stay here for a while. I I

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have u contact with one of the people over there because my property border lines the excuse me the road right next to uh BMS. I could reach over and shake their hand. And I'm told that they are

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uh it's up for sale. They're keeping five buildings and they're going to lease out some of the other buildings. And do you know, and I'm I'm not asking you really hypothetically, do you know what they're going to put in those buildings? Will you will your ordinance cover what's going to go into those

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buildings? So, that's one of my fears. And I also say that if it if it's like what they've talked about here, I have to move. I could not I lived through the demolition of uh when uh Celgene took all those buildings down. It was

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horrible and and I'm just really concerned about what will happen in this next trip. So, thank you. >> Good evening. Robert Osborne, 55 Madison Avenue, 30-year resident there. Um, I've

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seen this property change hands three or four times and up until recently, the last three, four years, the noise has become unbearable. Um, the only thing I ask that you please consider the residents. Um, when you go home tonight,

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put your head on your pillow, enjoy the silence, cuz we don't have it. And it's really it's not a good thing. So, I appreciate whatever you your consideration for all the neighbors. I I speak on behalf of them. Thank you. Thank you.

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>> Hello, my name is Zachary Leaken. I live at 69 Madison A. So, I am Bob's neighbor. And first of all, I'd just like to um you know, reiterate what everyone here has said. It doesn't seem like there is any community um approval or support for these data centers. Um,

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you know, we've heard a lot of reasons why they shouldn't be built, um, from, you know, all different generations, all different, uh, sides of the spectrum. Uh, however, we have not heard very many benefits, what they will bring our community. Um, and I'd like to talk, um,

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from the perspective of a new parent. Um, I have a three-year-old and we're expecting another son in November. I moved to Summit from Short Hills uh for the community and um I know plenty of others from my son's daycare as well as our neighbors who all have the same um

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sentiment that we're here for for ourselves to you know raise our kids to be the community that we want to be and it doesn't seem like these types of data centers will be conducive to um you know to that that quality of life and I think we can all agree quality of life is a

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big part of the reason we're here. Um also I appreciate the council um both sides every member and I also think that avoiding the appearance of impropriy um in any case is important um and that's uh to gain and to continue and contain

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the trust of uh the members of town. So, um I would just like to reiterate what everyone here seems to think is that um we really should be having some stronger language on how to um really put down a

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firm ban for data centers. Thank you. >> Anybody else? Hi, Stacy Allen, Plymouth Road. Um, I want to address the issue of the general development plans because we really need to be precise about that. Um, the general development plans are like master plans for each of these two

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pharmaceutical properties. Both the Summit East campus and the old cell gene BMS campus operate under approved general development plans, but neither GDP approved a data center. They approve research office and campus uses. Nobody

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holds a specific vested approval to build an AI data center on either site. At the same time, both zones include older language allowing computer centers, data processing, and communications

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as a principal use. That language was written before AI data data centers were the kind of thing going on today. So the risk is not that somebody has already approved an AI data data center that these these are not already approved. The risk is that a future applicant

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could try to argue that a modern AI data center fits inside older zoning language that was never written for this technology or these impacts. This is exactly why the ordinance needs to be clear. It needs to remove the megawatt threshold, prohibit conversations, and prevent a developer from splitting a

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project into pieces. A GDP should not be used as a backdoor to convert an approved research or office campus into a large-scale AI data center. If somebody wants to make that argument, they should have to come back through the public land use process with full review of noise, cooling, generators,

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traffic, water, power, and neighborhood impacts. The honest bottom line is that a GDP may protect what is actually approved, but it should not be treated as a blank check for new industrial use that was never reviewed, never debated, and never approved as an AI data center. So my concern here is it seems like

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everybody in summit does want to not have data centers. That seems pretty obvious. It seems like council does not want them. However, I think a lot of us, everybody here speaking tonight, we're concerned that the language is not clear enough and that there's loopholes galore and we need to make sure that we're

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covering this. So, even if you approve anything, I don't know what you guys are going to do tonight, but even if you approve something, it seems like we need serious experts to make sure that Summit is very much protected. Thank you. All right. Good evening, uh, anonymous. Uh,

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I have a feeling someone's going to wind up with a data center. Definitely have a feeling about that. Um, to the one resident who said if that winds up happening, she'll move. You're not going to be able to sell your home when there's a data center here. That's

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not going to happen. Um, I thought that was a little disrespectful that you're asking about the microphone as well. I'm a member of the free press. I want to document this meeting. I want to bring it to the public and uh, you know, we show everybody's opinions and what their thoughts are and then how you guys vote.

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Um, that's the whole purpose of it. I find it funny that your question the legality of that. It's a little ridiculous. Also, congratulations on your anniversary, Rosie. >> Thank you. >> That's wonderful. Um, I think Councilwoman Laroscina needs to recuse

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herself. I think that has to happen. Um, if that doesn't happen, um, I think that's very troublesome. Um, as many of you know, I've come to these meetings, was coming to these meetings for a long time challenging the former council who was Republican majority. And, uh, I can

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honestly say that this council this year is horrific and horrendous to watch. Um, it's the abominal standard has completely dropped. I do believe the Democrats are completely ruining this state and they are ruining Summit. Um they're uh completely destroying the

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fabric of what Summit is and what Summit represents. Um so we'll see how this goes, but I got a feeling that a data center is coming to Summit. So we'll see how this goes.

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Anybody else? >> Hi. Um, I'm Na RiPi. I live at 126 Mountain Avenue. I was not planning to speak tonight. Um, my husband and I, we wrote um to a couple council members and we were very appreciative to get responses. Um, I just wanted to bring up

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one point. I am completely against all data centers and reiterate everything that everyone said. What the only point that I want to make in addition to what reiterating is that thank you for the presentation but in listening to that as

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someone who I know nothing about data centers. I came here just to inform myself. I know that I don't want them but I don't know anything specific. And hearing this presentation, everything that went through my head is all the things he's not saying. So if we're

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going to say we have these three criteria, so something at 19 megawatts, which I I I know at least 19 megawws is not good. Well, we're talking about one data center. What's to say if something passes the three criteria that we're not

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going to have three or five that could come into here? It passes the criteria and we could have them. And then we're talking about well technology changes or they don't want right now they don't want places with big land. Well what if data centers soon don't need that big

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land under 19 megawws and then you have an you know infiltration of multiple data centers here. I think that that's not we've heard what one everyone's complaining about. Imagine more than one. Um so please really think about the

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language. Please really think about bringing in experts. Um, I'm just so upset hearing listening this to my fellow residents. I don't live near Kent Place, but I feel for them. I feel for everyone in my community. So, please, I

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urge you to please think about the language, take your time, and bring in experts. Thank you. Do we have other comments from members of the public? Okay, then we'll call the public portion

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of this hearing closed and move to comments from council members. Okay. >> No. >> Well, council member Berer, you you look like you are locked and loaded. I guess no one no one else wanted to make comments or waiting for me to go. Um

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just a point of order real quick. Uh council president, I want to clear this up that uh there is no 3minut rule for council uh in terms of our comments. Um I I didn't I just didn't hear you say that and I just want the public to know that. >> I did say that in my council president

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report. >> Okay. I just I didn't hear. I'm sorry. Um, so let me begin first by uh thanking Austo uh for all his hard work. Um, I know

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there was a lot to go into this. Um, you know, our professionals built a definition with real care. Um, and I want to be fair about the work that you did. Uh, I'm going to ask two things tonight. First, that we closed the gap.

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We've heard from numerous residents about the gap and this is something that I mentioned at the introduction. Um that I didn't need to reread. I think you all saw the same and read the same thing that I had said. Um and second that we

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direct a city commission a independent study of what a facility like this would mean in summit its impact on our grid on our water the noise the vibration the air quality and their roundthe-clock

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operation that and that we publish those findings for the public so you can see it right now no one knows right no one knows Um, and here's why the study together with a complete allout ban. Um, and I'm

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not here to rule out the impossibility forever because we don't know and that's why I would want to see a study, but right now um, a permanent ban is needed. Now, I want to talk about what bothers

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me with the whole language, and it is the 20 megawatt number. And I've talked to folks on council about this. Um, the argument is that it's it's not really essential and that the other language

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captures that use regardless. Um, I take that seriously, but follow it to its conclusion. Right? If the principal use criteria is what actually define a data center, then a facility that meets those

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criteria is already captured at any size, which means the number adds nothing to the catch. It only adds a line. And um you know this is not a theoretical

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thing, right? uh when we talk about the small data centers and you know I think the the presentation and and in their mind in in people's minds is this large capacity

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uh facilities um but according to industry analysts the fastest growing segment of AI data center development right now it's not the giants it's the smaller facilities it's the 5 to 20 megawatt range

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uh and they do it in clusters, modules, um edge centers built by the dozens, right? So the threshold is set at exactly the top of the category that is growing the fastest and we would be

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banning the rare giant and leaving the door open for the common kind. Um I also have been told the number protects current uses like hospitals. Uh

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it does not. The hospital is protected by the computer center definition. Computing that serves a building's main purpose. That definition contains no megawatt figure. So the carveout protects the hospital, not the number.

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so we can address the threshold without putting one legitimate use in this city at risk. And here's the gap that none of the defenses has answered. And I've read

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pretty much all of them. Um the ordinance measures one use. Its own final sentence says transformers, substations, utility, infrastructure shall be considered separate uses. The text itself splits a

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facility into separate pieces and there is no aggregate limit anywhere in it. So even granting every other point, nothing here stops the load from being divided or two or three sub threshold facilities

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from opening each under that line of 20 megawws together drawing several times the power of our entire town. We would be measuring one building while the city pays for all of them. I've not heard an

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answer to that. And until there is one, the concern stands. And finally, um, the noise. I've said this before, I live right across the street from the hospital. that low vibration

439
02:03:52.639 --> 02:04:06.960
and at times that high vibration and the generator at the hospital is only on for uh 4 hours and it drives me nuts.

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I could imagine something being on 247. It it just it just is not it's just not right. Um, the last thing is this is probably one of the most important decisions this young council has to make. And um, they

441
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didn't do anything wrong, right? This is the process and we're going through the process. The p the public came in. We're listening to you. We're hearing you. This is not a Democrat versus Republican thing. This is us needing to listen to the

442
02:04:44.639 --> 02:05:00.719
residents. and now to, you know, make changes to the ordinance. I've been here before with a lot more people here and as a senior councilman now. Um, you

443
02:05:00.719 --> 02:05:16.400
know, I've made mistakes. I've been a little stubborn. Um, but the reality is, uh, I'm telling the council right now, you know, don't be like me two years ago, right? it all works out. But, you know, I can be

444
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honest. I'm not, you know, it is what it is. But that's what a senior, you know, council member should do, right? Um, what we should do tonight is table this ordinance.

445
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We should go back. We should make it stronger. There's no reason for the 20 megawatt to be in there unless we have plans one day to actually do this. Other than

446
02:05:47.440 --> 02:06:04.800
that, I don't see the reason for it. I just I don't and no one can explain to me why because it has nothing to do with hospitals, libraries, um even even Bristol Myers Squid or any

447
02:06:04.800 --> 02:06:21.360
other, you know, pharmaceutical company. You know, you're talking about two, three, four megawws, right? Why do we have 20 in this? You know what 20 megawws is? I I had asked this question before. You know, if we can get like an illustration. This would be my last

448
02:06:21.360 --> 02:06:42.000
story. 20 megawws powers 15,000 homes. 15,000 homes. You know how many homes are in Summit? About 8,400. So that is double. That is double. We can't have that happen. Um so,

449
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Council President, um I will let other members speak through you. Um, but I just want to let you know that I do want to make a motion to table this ordinance. I don't have to do it now. I guess I want to let others speak first

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or if ARENA for you, Council President, if our city solicitor thinks the the the chain of events uh if we do the motion now, I think I'd rather have the other council members talk and then I could do the the motion. Um, but that's your decision,

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02:07:28.800 --> 02:07:44.079
council president. I just wanted to >> ask the city. >> I don't believe you've technically made the motion. >> No, I haven't. Yeah, >> I just didn't want to have a vote and miss it. >> So, just let me know.

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>> Council member Lman. >> Oh, sorry. Go ahead. >> Oh, I'm sorry. I didn't I didn't go the other direction. I apologize, Council Council Member Calmanson. Thank you, Council President. Um, thank you, Austo, for outlining the ordinance and really showing us why this is such a difficult

453
02:08:00.560 --> 02:08:15.040
issue to tackle and all the different nuances. And I also want to thank all of the residents that have reached out to us via email um, and I've I've met some in person and everybody and at the listening session, too. And we are so

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02:08:15.040 --> 02:08:32.719
lucky to have so many engaged residents that are really sharp and really want to help us make this as strong as possible because we're all in agreement that none of us want data centers in Summit of any size. None of us want that. So um we

455
02:08:32.719 --> 02:08:48.639
have two choices tonight, right? We have we can do two things at the same time, right? So this ordinance um it needed to go to the planning board for consistency review. So we cannot make any major change to this ordinance about watt

456
02:08:48.639 --> 02:09:03.840
megawws or anything like that tonight and pass it right. We would have to start all over. So, what we can do at the same time, which is what I'm in support of, is passing this ordinance and then we have something and then immediately getting to work with all of

457
02:09:03.840 --> 02:09:20.560
the all of the experts we have and um getting this ordinance as strong as possible because if we wait if we wait and send this back, how when would it be back in front of when could we have it back in front of council? >> July 7th.

458
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>> July 7th. weeks. >> Yeah. No data centers are coming in. >> We we're we're not nobody has applied. There's nothing in front of a zoning board or anything like like that that we're got like no this was something to do proactively. >> So we can wait three weeks.

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02:09:36.639 --> 02:09:53.040
>> Yeah. >> Just please no comments from the public. This is a council member conversation. >> Yeah. >> For for context there would there are no u applications to the zoning board for this kind of use. There's not an expectation that we'd receive them

460
02:09:53.040 --> 02:10:11.360
anytime soon. Um, and that's at the land use division. So, letting everyone know. >> Okay. Okay. Thank you, Austo. Um, >> I think that that's all. >> Okay. >> Yes. Um, well, Council Member Len. Okay.

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02:10:11.360 --> 02:10:26.719
Council member Chris Overly. >> I would also really like to thank uh all the members of the public uh who came to this the council listening session who sent the emails. Uh this is really for me democracy in action and I ask that

462
02:10:26.719 --> 02:10:42.320
each of you some of you who've spoken here tonight for the very first time think about the work that council's doing and all it's about 70 different committees commissions boards subcommittees that you can volunteer to get involved with and I encourage you

463
02:10:42.320 --> 02:10:58.320
all to do that. There's a lot of brain power in this room. Uh none of us on council has the kind of experience in AI data center construction or engineering. Uh we're relying on our very talented city land use manager, our city

464
02:10:58.320 --> 02:11:15.199
solicitor and the experts that they were able to tap into as well as the state level model ordinances that they relied on. This is government we're talking about here. government almost by definition lags what private companies are doing especially in an emerging and

465
02:11:15.199 --> 02:11:32.800
evolving technology area. So I think there are a lot of great situations, a lot of great suggestions on the floor tonight. I'm not the person to figure out which ones make sense and which ones don't, which ones we should add, which ones we should not. I also think it's

466
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important to have u some protection. We have heard and I heard tonight and I saw on the internet today that there are companies that are advertising or real estate firms advertising their properties for this very purpose. And so

467
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I think out of an abundance of caution we should have something on the books to send a signal. We communicate to the real estate firms that we are banning this. And I think we have significant protection if not watertight. we have better protection than the DR currently

468
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provides us from everything that I've heard. Um, so for those reasons, oh, and I really wanted to thank Councilman Ber. Um, I appreciate him diving deep into the details. Um, and also his comment

469
02:12:20.000 --> 02:12:36.079
that this is not a partisan issue. We are united on this. We've been united on almost everything we voted on this year. And this is yet another example where council is trying to work together to get something good done. And I think

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Councilman Ber's questions are strengthening what we're going to ultimately uh result in on this ordinance uh as we amend it. So that's that's where I am on this. I really appreciate everybody coming out

471
02:12:50.400 --> 02:13:08.159
and staying here and listening and and getting involved. Thank you. >> Thank you, Council Member Chris. Yes, Council Member Landman. >> Uh, thank you, Council President. Honestly, I'm still digesting a lot of what I heard tonight. It's a lot to take in. Um, first, thank you, Mr. Delmaso,

472
02:13:08.159 --> 02:13:23.520
and your team for that excellent presentation. And thank you to all of the residents who have shared your feedback with us over the past few weeks. Uh, particularly those who have come with these very concrete suggestions and ideas of how we can make it better. Um, let me just start by restating the

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02:13:23.520 --> 02:13:40.800
headline. No one up here wants an AI data center in summit. None of us. Um and banning AI data centers has bipartisan support. It's not a partisan issue as Councilman Ber said. Um as I said at the introduction of this ordinance at the last meeting, this

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space is rapidly evolving and we need to be nimble. And I've learned a lot as I said over the past two weeks from all of you. This is the type of ordinance we may need to revise multiple times uh if that's what it takes. And where I disagree is with Councilman

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02:13:56.719 --> 02:14:12.400
Boyer on tableabling this. We cannot allow perfection to be the enemy of the good. We may be showing up to a gunfight with a knife in this case, but I'd rather do that than show up empty-handed. Um, we can and we will improve improve upon

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02:14:12.400 --> 02:14:28.079
this ordinance. I think we should pass this tonight, continue to strengthen the protections for summit, and get to work on this tomorrow morning. >> Thank you. Thank you. Thank you, Council Member Landman. Um, I'll only add as as somebody who spent a

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>> Oh, I'm sorry. >> I'm happy to go after >> No, go go go right ahead, Council Me. I I I was making assumptions and they were incorrect. Please, Council Member Lucer. >> Thank you, Council President. I I want to echo the gratitude that we all feel for everyone coming out with very uh

478
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deep engagement on this issue and very thoughtful review of the issue at hand. Uh again, I think we're you're hearing throughout the room, right? We all want a best-in-class ordinance and we are mindful of the fact that even since the

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introduction of this proposed ordinance, we've had peer communities in Sparta and Madison introduce their own ordinances. Right. We're watching Monroe, Milville, Redbank, Warren, and I'm forgetting one, >> Berkeley Heights.

480
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>> Thank you, Council President. Um, so we want to uh both learn from the very excellent feedback of our residents and our our in-house experts as well as what peer municipalities are doing. Right? So I I am in agreement with several of my colleagues that I believe we should

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02:15:33.280 --> 02:15:49.599
adopt the proposed ordinance to give us an additional layer of protection and then as we learn over the next few days and weeks if we do feel that there are opportunities for improvement we will absolutely make them. It does not slow down the process. And again, it it is

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additive of of protective layers. Um certainly creates no additional risk. It's no harder to amend an ordinance than it is to adopt a fully new ordinance. It would just uh in it would slow down the process, right? If if we

483
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kind of went back. Um I think we've got a really solid foundation here. Uh and gratitude very much to to Mr. Domaso and his team. Um I will say of the uh the questions about

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whether I am conflicted um I I will note in brief uh so my my husband works for a company called Coreweave. They are uh involved in the project that's going on in Kennallorth. He is one of over 2,000 employees. He's not an executive

485
02:16:37.200 --> 02:16:52.559
officer, not a major shareholder. Um, I won't bring in some of the I'll leave out any colorful language as some of the verbiage that's been used, but I will say he's certainly not quote the force behind what's going on in Kennallorth. He works on its totally separate team.

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Um, as a brief side note, the force is an awesome nickname that we have adopted as a family and kind of reclaimed it. So, we now refer to him as the force, but he works on a totally separate team. He is not involved in the data center team. Uh we have no direct or indirect

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02:17:08.719 --> 02:17:23.519
benefit. We're no differently situated than anyone who owns stock in a publicly traded technology company, which is what Coreweave is. With any matter that comes before council, I take a pause, right? We all do, and we consider whether we

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are conflicted. Uh in this matter, I I took that pause. I referred back to the applicable state law and I determined that there was no conflict of interest in this case because of my husband's employment. Uh as an additional layer, I conferred with our city administrator

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and and ultimately went to our city solicitor um and conferred with her and and appreciate the analysis that was done there. Uh again, I uh as I've said, I I don't want to do the easy thing or the the expedient thing. I want to do

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02:17:54.479 --> 02:18:10.080
the right thing because a conflict of interest and recusal means something, right? It means something under state law. And so I want to honor that and do what I feel and what our city solicitor has confirmed is the right thing. Uh and

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I also don't want to make it more difficult for any of my colleagues or future council members to feel that they must recuse themselves in certain situations when it's not actually called for under the law or guidance. Um, so if you have additional questions or

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02:18:24.960 --> 02:18:41.760
concerns, I'm certainly happy to um to sit with you and and consider them and talk through them, but I did want to share that. Thank you. >> Thank you, Council Member Lisa. Um, oh, if we have learned one thing this evening, it's that def definitions

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matter. Um, and I'm very grateful particularly to Mr. Delmaso for defining computer center for the first time in in our development

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02:18:55.679 --> 02:19:13.439
regulations ordinance. Um that that in itself closed a big gap. Um as he said AI data center has a three-prong definition. You can get caught on any of the three prongs. Certainly, if I can

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02:19:13.439 --> 02:19:28.559
drag this analogy out, um we could add prongs or make them sharper, and I'm sure we shall. Um but in the meantime, if I'm taking a fork to the gunfight, um that's better. That's also better than

496
02:19:28.559 --> 02:19:43.920
going emptyhanded. Um, it sounds from what we've heard that we need to go back and determine how to enforce our noise ordinances and who is truly responsible

497
02:19:43.920 --> 02:20:00.640
for them and make that happen. Um, and we'll get that track going as well. And with that, I believe you know we we are >> Can I ask a question about process? You may ask a question about process always.

498
02:20:00.640 --> 02:20:16.800
>> Thank you. Um, so Austo, if this ordinance passes tonight, but there's a an intention to either amend or, you know, remove and just replace with a new ordinance at some point. Does that have

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to go go back to the planning board for a um consistency review? >> Uh, yes. So, the planning board has already deemed that this ordinance is consistent. If we were to make any amendments to the substantive language, it would be referred back to the planning board again uh and they would

500
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just be applying the same test of whether it is not inconsistent or consistent with the master plan, which is >> fairly simple. And then I would just ask that I mean I I kind of feel as though you know not that I get to vote but I

501
02:20:48.000 --> 02:21:03.840
kind of feel as though something on the books is better than nothing particularly if there's an a commitment by the council to really go back and close the loopholes cuz I believe that there are several. So I just wanted to be on record of saying that. Okay. >> Thank you. >> And I believe you have a motion council

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02:21:03.840 --> 02:21:20.399
member Ber. >> Yes. Um just one quick question for our land use manager. Um Augusta, you said currently uh based on the um based on the land use law, currently

503
02:21:20.399 --> 02:21:37.680
the AI data centers are prohibited. Right. >> Based on our current DRRO, a proposed AI data center would be prohibited. >> They are prohibited. Okay. And the debate and the question would be if we pass this ordinance tonight um

504
02:21:37.680 --> 02:21:55.120
with the 20 megawatt definition uh that changes the current prohibition, right? Uh no, it actually wouldn't change the current prohibition. What the definition does is uh as I explained it just sets

505
02:21:55.120 --> 02:22:12.479
up the confines where a zoning official or zoning board would interpret uh that prohibition. Uh so it would still remain prohibited. Um the AI data center whether it is uh 20 megawatts or greater or less than or has or does not have a

506
02:22:12.479 --> 02:22:27.680
measurable impact on water if it has any of that criteria it would still be banned. So it doesn't change. The prohibition is there just as the statement because it's not included in the zone districts. It is uh prohibited. Now, this would just be a restatement

507
02:22:27.680 --> 02:22:43.600
and assertion of the fact that clearly now AI data centers are prohibited. Council President, I'd like to be on record uh to table this motion to table this ordinance for the fact that right now currently AI data centers are

508
02:22:43.600 --> 02:23:00.479
prohibited. And with the passing of this ordinance, it would actually make it easier for a AI data company to come in and argue um the 19 or so below megawatt threshold. So with that, I make a motion

509
02:23:00.479 --> 02:23:19.840
to table. >> Okay. Is there a second? >> Okay. We are not going to vote on that. I think um >> could I ask for a clarification from our land use manager of this assertion? >> Council President, there's a motion on the on the on the floor.

510
02:23:19.840 --> 02:23:35.200
>> Right. And there is not a second of that motion. >> There's no discussion then. >> So there isn't a dis. >> If there's no second, the motion just dies. >> Yeah. Yep. >> Okay. >> But prior to our vote on the ordinance, I would like to ask a question of the

511
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land use manager. >> Yes. That that >> yeah, it seems we have an additional issue that has been introduced. It's been insinuated by people on the floor, but now it's been stated by a council member. Um, will this ordinance actually

512
02:23:49.920 --> 02:24:08.560
increase the risk of summit to construction of a summit? >> Sorry, could you repeat that? Would passing tonight's ordinance, the one that's on the agenda, increase the risk of a data center in Summit? >> No. No. Plainly? No, it would not.

513
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>> Point of order. >> Yeah, it's actually this get to be the Okay, >> council president asking for a point of order. >> Yes. >> Thank you. Um, our city clerk, uh, the the motion to table, um, I didn't hear

514
02:24:23.760 --> 02:24:38.800
that it was officially denied, so The council president did ask for a second and received none. >> Okay. Just wanted to make sure it was on record. >> Yes. Thank you. >> Yes. I'm sorry. The city solicitor said it and I thought that you're right. It

515
02:24:38.800 --> 02:24:53.920
should have come from me. Okay. With all of that, do um I think we are closing this hearing. Um, given the time, I'm going to call a 5m minute recess so we

516
02:24:53.920 --> 02:25:31.120
can stand up and stretch our legs. >> Could we please return to our seats? >> Nice to meet you, too. Thank you. >> Yes. Yes, that's fine. I'll do that. >> Yeah. >> Well, I'm also

517
02:25:31.120 --> 02:25:46.399
>> I normally take them home and send out the correct email. I eat my candy. >> I started forward as soon as

518
02:25:46.399 --> 02:26:05.439
>> Okay. >> Okay. We have eight more ordinances to hold hearings about. Aren't we excited? So, let let us get going. Um we are all back. Um so, let's continue this session. So, um, Madame Clerk, would you

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02:26:05.439 --> 02:26:20.240
please read ordinance for hearing number 26-3382? >> Ordinance of the city of Summit County of Union, New Jersey, amending and supplementing chapter 35 of the city code entitled development regulations ordinance 35-9.2

520
02:26:20.240 --> 02:26:36.399
prohibited uses. Um, thank you, Council Member Chris. >> Thank you, Council President. Ordinance 26-3382 would add a prohibited use to the city code to ban detention facilities.

521
02:26:36.399 --> 02:26:52.240
Um, other towns in New Jersey are facing the adverse consequences of detention facilities. They are simply not keeping with the character of our town and I want to add an important layer of protection against them. To be clear,

522
02:26:52.240 --> 02:27:07.600
this is not an ordinance designed to attract detention facilities. Um, oh god. I move to open the hearing. >> Thank you. >> Second. >> Okay. So, let's begin with comments from

523
02:27:07.600 --> 02:27:34.560
the public. Is there any person here who would like to speak about detention facilities? Oh, it's late. Will von Clemper, 156 Colonial Road. Um, I urge council to pass an absolute ban.

524
02:27:34.560 --> 02:27:51.600
Make the language as tight as you can. And I look at this in terms of of what's temporary and what's permanent. um temporary. We're in a period of anti-immigrantism, but that will pass. We will have a different president. We'll have

525
02:27:51.600 --> 02:28:07.359
different governing. What is permanent is if summit does anything that looks like collaboration with ICE. Um, I just want to mention for information something those of us who

526
02:28:07.359 --> 02:28:24.960
have visited in detention centers, those of us who volunteer in the immigrant community, um, you should know that some detention center guards address detainees as money. Money, you get over there. Money,

527
02:28:24.960 --> 02:28:41.520
you hurry up. The private companies who own these centers, they charge for every night that a bed is full, every meal that is served, every detainee who goes to sick call. You know, it's like your hotel bill. You do this, you get buy the

528
02:28:41.520 --> 02:28:58.800
snacks in the lobby, it all shows up shows up on the bill. At the state level, then Governor Murphy and the majority of the legislature, they ended the practice that New Jersey county jails would rent rooms to ICE for

529
02:28:58.800 --> 02:29:15.520
immigration detention. They stopped that. So, at the state level, our state is refusing to collaborate. I hope that the mun municipal level, we will do the same. The ordinance would be the basis for our

530
02:29:15.520 --> 02:29:32.880
defense. But I remind us that President Trump's ICE is lawless. Uh Summit cannot count on ICE to submit an ICE proposal to our city clerk. Uh they're not going to ask, well, when does the planning board meet so we can get it get an

531
02:29:32.880 --> 02:29:48.080
approval? Uh they roared into Delaney Hall in Newark with no real interest in permits for the plumbing or the ventilation system in a facility that had been idle for over 5 years.

532
02:29:48.080 --> 02:30:04.000
They refused New York Mayor Baraka's entrance and when he left they came out through the great the gates, laid hands on him, took him away. So, please pass this and just I'm asking that the

533
02:30:04.000 --> 02:30:21.040
community should know that passing it is the first step. Everyone in theu community will then have to watch ICE carefully and be ready to resist promptly. Thank you. >> Thank you. >> Do we have other comments from members

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02:30:21.040 --> 02:30:40.399
of the public? >> Hi, Irene Los. I just was wondering, can you explain is this part of the same ordinance for the data AI center? Is there not a vote after all of everything that we talked about? Do you vote always

535
02:30:40.399 --> 02:30:56.479
all at the end? >> Um, >> for all the ordinances, I thought like each ordinance gets >> we do all the hearings first and then we go back and then we do final consideration for a vote. >> I see. >> On each of the ordinances. This happens to have the same title, but it's a

536
02:30:56.479 --> 02:31:15.680
different purpose. This is just for attention. >> Okay. >> Do we have other comments from members of the public? >> Yes. >> Dennis and Harry, 140 Broad Street, Summit, New Jersey. I must say that I'm very pleased that uh common council has

537
02:31:15.680 --> 02:31:32.080
taken this step with this ordinance to address something that is not that is not needed in summit. uh for over 37 years that I've been a resident, prior common councils, mayors and residents and now this common council

538
02:31:32.080 --> 02:31:49.359
and mayor have stated that you were in favor of affordable housing. You've also stated that there is no vacant land in Summit. You are concerned about overdevelopment and you are concerned about not building anything that changes the character of Summit and goes against

539
02:31:49.359 --> 02:32:05.600
Summit's master plan. If these positions have been taken on affordable housing, then they apply even more for being against having a detention facility in Summit. Now, I must say this evening that unless

540
02:32:05.600 --> 02:32:22.560
Summit has changed, this is not who we are. Or should I say this is not how I see Summit. First of all, Summit does not have an illegal immigration problem or problem with violent criminals living

541
02:32:22.560 --> 02:32:40.319
here. There may be some persons who may have overstayed their visa, missed the deadline for renewing or getting a green card, or did not understand a process that they needed to follow. These are not criminal violations and

542
02:32:40.319 --> 02:32:56.640
they do not rise to the level of needing a detention facility in summit. Secondly, many of these detentions facilities are operated by private for-profit companies that are not concerned about

543
02:32:56.640 --> 02:33:11.040
overdevelopment, neighborhood character, human rights abuses, arrests of innocent, hard-working persons and sometimes students, often without a warrant, and other abuses that are ethical,

544
02:33:11.040 --> 02:33:29.040
ethnically, and morally wrong. And thirdly, members of common council, you have the authority with the passing of this ordinance to state that Summit does not want a detention facility here and you

545
02:33:29.040 --> 02:33:46.160
don't have to accept one. You are covered in New Jersey under the municipal land use law. The passing of this ordinance will encourage all residents, no matter where they are from, their

546
02:33:46.160 --> 02:34:03.120
race or ethnicity, to know that they are welcomed here. Will address the same concerns of no vacant land, overdevelopment, and changing the character of the city that is used for affordable housing.

547
02:34:03.120 --> 02:34:20.560
and will send a message that a detention facility of any kind is not needed in summit. Summit does not need this attention. >> Use the tool that you have. Pass the audience and let Summit and others know

548
02:34:20.560 --> 02:34:39.800
that this is who we are. >> Thank you. >> Do we have other comments from members of the public? Okay, then let's close the public portion of the hearing. Move on. Do we have comments from members of council?

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>> Yes, Council Member Landon. >> I just want to say I am so proud to be part of a council that is going to prohibit detention facilities in our in our city. Um, detention centers like the one just 15 minutes down the road confine people without due process in

550
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dehuman dehumanizing conditions in violation of their human rights. Residents of Summit do not want that here and I'm thrilled to be able to vote on this ordinance tonight. Thank you. >> Thank you. >> Anyone else? >> Council member Lerosena.

551
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>> Thank you, Council President. Uh, I'm grateful that we are considering this ordinance tonight. This is an initiative that I have been kind of pushing behind the scenes. In nearby Roxberry, just around 25 miles away from here, we have a suburban family-friendly community

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known for its excellent public schools, about 22,000 residents, right? It sounds a lot like Summit. And there they are fighting against a detention center facility where the Department of Homeland Security would like to confine

553
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an estimated 1,500 people as part of their mass deportation program. That is not consistent with Summit's values and that is what we want to prevent. Some have regrettably dismissed this ordinance as political theater or

554
02:36:03.280 --> 02:36:19.520
virtue signaling. Rather than being curious and asking questions, they quickly judged. But it is important that we take this step. Federal law tells us that it's important that we take this step. The

555
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National Environmental Policy Act of 1970, for example, and the guides that implement it are meant to restrict and to guide the construction of federal pro uh federal projects. And there they make reference to the quote compatibility of

556
02:36:36.560 --> 02:36:52.160
federal projects with applicable state and local planning and zoning standards. So it matters that we have this on the books. And as has been discussed, Delaney just down the uh down the road here, very close to us in New York, uh

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is operated by a private detention center operator. So though we may have to deal with consideration of federal preeemption if it's the an agent of the federal government, if it's a private operator, those protections for the federal government are significantly

558
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less. And and there too, it makes it ever more important that we have this protection on the books. Thank you, Council President. >> Thank you. We have other comments. Okay. I'll merely add um actually thanks

559
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to our city solicitor. Um I have never been so impressed with the whereas clauses in an ordinance. I think you did um that the the explanation of why we are introducing and hopefully passing

560
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this ordinance lays out beautifully why it does not belong in summit. So, Council Member Chris. >> Yes. Thank you, Council President. Um, I introduced this ordinance because I view

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detention centers as simply an undesirable land use that's not keeping with some values or Summit's character. I also support strong border enforcement as well as humane treatment of immigrants that we have in this country. And I think we can do both. We can walk

562
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and chew gum at the same time and summit. >> Thank you. Okay. Okay. Then let us close this hearing and um move on to the next um madame clerk would you please read um

563
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the the ordinance for hearing number 26-3383 bond ordinance appropriating $5,64,000 and authorizing the issuance of 5,337,000 in bonds or notes of the city for various improvements or purposes authorized to be undertaken by the city

564
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summit in the county of Union, New Jersey. >> Thank you, Council Member Lambman. >> Thank you, Council President. If I may, the next three ordinances are our annual ordinances authorizing the city to issue bonds to cover the capital plans for the municipality, parking, and sewer

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utilities. This is an administrative step following the approval of the annual budget last month. I just wanted to give that introduction for all three uh at the top. Ordinance number one, excuse me, 263383. This bond ordinance stems from the 2026 municipal budget authorizing issuing

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bonds or notes sufficient to cover the municipal capital plan. I move to open the hearing on this ordinance. Second. >> Okay. Do we have any comments from members of the public on this ordinance? Do we have any comments from members of council on this ordinance?

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Okay, I'm going to call this hearing closed. Madame Clerk, can we move on to ordinance number 26-3384? >> Bond ordinance appropriating 2,250,000 and authorizing the issuance of $2,142,000

568
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in bonds or notes of the city for various sewer utility improvements or purposes authorized to be undertaken by the city of Summit County of Union, New Jersey. >> Thank you, Council Member Landman. >> Thank you, Council President. Ordinance number 263384. This bond ordinance stems from the sewer

569
02:40:11.680 --> 02:40:29.280
utilities 2026 budget and authorizes issuing bonds and notes sufficient to cover the sewer utilities 2026 capital plan. I move to open the hearing on this ordinance. >> Second. >> Do we have any comments from members of the public on this ordinance? >> Okay. Do we have any comments from

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members of council on this ordinance? >> Council member Chrisouli. >> Thank you, Council President. I I guess a question for our city administrator. Uh for these bond related ordinances in total, how do how would they affect the

571
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bond rating of Summit which is very top quality at this time? Will this have any negative impact on the bond rating of our city and and therefore the cost of our borrowing in the future >> through you council president? Um

572
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they will not have a negative impact. We're actually going through rating calls uh this week to go out for permanent bonds for um 23, 24, and 25 capital projects. Um it's looking good. We don't have the ratings yet, so I

573
02:41:19.280 --> 02:41:36.399
don't want to get overzealous, but the calls are going well. Our financials are looking good. Um these ordinances are setting us up for our capital projects for 2026. So they're not part of the permanent financing yet, but we are authorized to go out when we decide to

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do that in the future. >> And if I may, council president, we we also in finance committee met with the attorney who works with us on this, the financial planner, and had a robust discussion about exactly that issue before proceeding. So >> Okay. Thank you. Do we have any other

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comments from members of council? >> No. I I I will only note um that we are way way below the authorized amount of of total debt the city can issue. That's a good thing. I mean, you

576
02:42:09.520 --> 02:42:26.800
want some low level, but not not a whole lot. And that's exactly where we are. Okay, let's close that hearing and move on to um ordinance number 26-3385. Madame Clerk,

577
02:42:26.800 --> 02:42:43.040
>> bond ordinance providing for the improvement of parking facilities in and by the city of Summit in the county of Vignya, New Jersey, appropriating 2,593,000 therefore and authorizing the issuance of $2,469,000 bonds or notes of the city for financing

578
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such appropriation. >> Okay. Thank you, Council Member Lman. >> Thank you, Council President. Ordinance number 263385. This bond ordinance stems from the parking utilities 2026 budget. authorizes issuing bonds or notes sufficient to cover the parking utilities 2026 capital plan. I move to

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open the hearing on this ordinance. >> Second. >> Do we have any comments from members of the public on this ordinance? >> Do we have any comments from members of council on this ordinance? No. Just this should help us. Um this

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will finance rehabbing the tiered garage on Springfield Avenue. So, let's close this hearing and oh, keep going. Finance ordinances. Um, madame clerk, would you please read ordinance 26-3386 for hearing?

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>> An ordinance to amend the code appendix A, schedule of fees contained in the revised general ordinances of the city of Summit. >> Thank you, Council Member Landman. >> Thank you, Council President. Ordinance number 263386. This is an ordinance to amend some of the fees in the city code related to

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construction, community programs, and the police department. As discussed in previous council meetings this year, we are reviewing fees across all departments and making adjustments to bring them closer in line with both the cost to the city and keeping with common practice in neighboring municipalities. I move to open the hearing on this

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ordinance. Second. >> Do we have any comments from members of the public on this ordinance? Okay. Do we have any comments from members of council on this ordinance? Okay. Let's close this hearing um and

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move on to um finance um excuse me, ordinance number 26-3387 for hearing. Back to you, Madam Clerk. an ordinance to establish the 2026 salaries, wages, or compensations of and for the officers and employees of the city of Summit, County of Union, state

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of New Jersey. >> Thank you, Council Member Landman. >> Thank you, Council President. Ordinance 263387. This establishes the 2026 salaries for union and non-UN employees. These annual annual adjustments to salaries and wages reflect the increases passed in the 2026

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municipal budget. I move to open the hearing on this ordinance. Second. >> Do we have any comments from members of the public on this ordinance? >> Do we have any comments from members of council on this ordinance? >> Yes, Council Member Calman.

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>> Thank you, Council President. Um, thank you, uh, Council Member Landman, Council Member Larena. I'm really happy to see um salary increases for our hardworking city staff. Um we're in a really difficult economic climate right now and

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affordability and like fiscal responsibility. Those are always like top of mind things for us and all of our um in all of our committees, but um well welldeserved salary increases. So thank you. >> Thank you. >> I'm just looking for my I'm looking for my

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>> I'm doubling your salary. >> I didn't see it in here. I'm doubling your salary, madame mayor. >> Um, do we have any other comments from from members of council? >> Council, council president. >> Yes, council member Berer. >> As we were talking about salaries, I

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just want to bring up again um our crossing guards. I know uh council member Lamman had told me before that some of them receive um you know, social security or um >> unemployment benefits. >> Unemployment benefits. Yes. and uh I did

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a little digging and um a lot of them don't right so I think when we start looking at increasing in salaries uh I'll say again on the record that um the people who cross our children across the

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street who are working when it is cold outside when it is hot outside um we can als they can also use a little adjustment in their salaries as well. Thank you, council president. >> Thank you.

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Do we have any other comments? Okay, let's close this hearing. Um, madame clerk, would you please read hearing ordinance for hearing number 26-3388? >> An ordinance amending chapter 3 police

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regulations of the code of the city of Summit County, New Jersey, adding a section 3-20 entitled drones and other unmanned aircraft. >> Thank you, Council Member Calmanson. >> Thank you, Council President. This is ordinance ID 26-3388

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and this ordinance regulates drones and unmanned aircraft in the city of Summit. I move to open the hearing on this ordinance. >> Second. >> Okay. Do we have any comments from members of the public? >> Uh Pat Hurley, 192 Ashlin Road.

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Rosie, happy anniversary. >> Thank you. And thanks to everyone here. I don't know how I did this for 6 years, honestly. Uh that I did. I think it was like over 200 plus meetings. You do the math. Anyway, but that's not why I'm here tonight. Um I'm asking council, and this is late, so I'm just going to read

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this um without any emotion. I'm asking council to uh pause or revise this drone ordinance because as written it appears to regulate a largely in largely an area largely reserved for the FAA the operation of aircraft in the national

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airspace and drones uh and does unnecessarily damage uh unnecessarily damage an industry. I don't think the council members fully understand the city of Summit cannot regulate aviation safety or operations in the national airspace system which this ordinance attempts to do. The federal government

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does that and the FAA already has existing regulations covering the operations of small UAS and US's drones. For example, the ordinance bans drone flights over public gatherings unless approved in writing by the chief of police. Yes, I still love Ryan. Sorry.

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And uh but FAA uh guidance makes it very clear that an FAA part 107 certified operator who follows FA regulations including rules for operations over people cannot be subject to local approval for that flight. The FAA already regulates when and how drones

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may be operated over people. This is the domain of the FAA, not the city of Summit. The ordinance also claims drones pose substantial risk of injury. This is alarmist and unsubstantiated as FAA regulations already regulate such risks. This language suggests Summit seeks to

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override federal safety laws and wants to become basically an aviation authority. Summit can regulate drone conduct on city property including launches, landings, harassments, voyerism, nuisance, reckless endangerment, interference with emergency operations which is actually

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already regulated by the uh federal government and misuse of public property that I fully support. But Summit should not and cannot prohibit FAA compliant overflight or require local police permission for a flight the FAA already allows. I believe public access or space

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I believe public spaces should remain accessible to responsible FAA part 107 certified drone operators who are trained, tested and certified for legitimate activities such as photography, inspections, mapping, journalism, construction, real estate and security. lawful drones. You

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shouldn't be seen as suspicious activity and certainly it's not a threat to the public. That's it. >> Thank you. >> And I'm tired. >> Do we have any other comments from members of the public? >> Dennis Harrier, 140 Broad Street,

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Southern New Jersey. In in uh reference to the previous speaker, is there a possibility tonight for the chief of police to speak to this in terms of clarifying exactly why this was needed or

607
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>> uh just what to clarify the whole situation. >> Mhm. Um well, I was going to say chief, let let's see if there are any other members of the public who want to say something so that you can you can

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address everything. So, do we have any other comments from members of the public? Okay, then please Yes, please. Chief Peters, I would ask you to to address some some of the comments

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>> um early and just explain why we're doing this >> through you. Council President, I'm going to read an email that I had previously drafted in response to some of the similar concerns. Um it's been here for 16 hours. I think just reading this might make me sound a little bit more intelligent instead of speaking from them. Um, so I do concede that the

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FAA does have restrictions in place for both drone operators under both 49 US code 44809 parenthesis A as well as the part 107 referenced by Mr. Hurley. Uh, however, municipal police officers do not have the authority to enforce federal law. Uh

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the process generally would be for a police officer to identify any potential violations, locate and identify the operator, stop any unsafe conduct, gather information on the operator and the drone, and ultimately refer the matter to the FAA. Having the ability to enforce certain violations via ordinance

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will undoubtedly reduce the time it takes for the FAA to receive, review, and address any reported incidents from the Summit Police Department. It will also likely serve as a deterrent for those operating outside the guidelines of their restrictions.

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Additionally, under 14 CFR um US code 107.39, the FAA restricts the flying of drones over any open air assembly of people, as Mr. stated, which means a gathering of people. This is how they define it. A gathering of people who are sufficiently concentrated and cannot

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readily move away if the drone were to fall. However, it does not address the following. flying over events that generate high attendance but less concentrated crowds. Restrict the launching of drones from city property which may expose the city to liability.

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Uh at the request of um Councilwoman Camelson, I reached out to the city solicitor who did say that the city may be exposing them to some level to of liability by not restricting um drones from takeoff and landing on city property. Uh, for example, if a, you

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know, a juvenile gets a drone for Christmas, goes down to Memorial Field and flies it right into the face of a somebody walking in their morning walk, the the city could potentially be on the liability for not restricting, uh, that flight. Similar to if we didn't have a leash law with dogs in Memorial Fields and we just let dogs run rampant and the

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dog attacked another human or another dog, we would, I think, bear some responsibility for that. Um, considering Summit is a variation of airspaces, we're not just class G. We are mostly class G, which is unrestricted. There is no blanket requirement for pre-authorization to fly. Set. We also

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set forth clear penalties for violations, which the ordinance does. The FAA regulations do not. In summary, with the passing of this ordinance, Summit police officers have the authority to address persons who violate the following provisions without referring the matter to the FAA. Launching and landing on city property.

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Interfering with emergency operations such as police, fire, EMS, or search and rescue. creating a nuisance which could be defined as repeated lowaltitude hovering disrupting public events operating in a manner that causes fear of injury and in addition there's always privacy concerns which may run

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concurrent to uh New Jersey state statute uh criminal statutes for invasion of privacy. Um so in conclusion I told Mr. early prior to um his public comment. Um this came to my attention through the chief's association uh with the FIFA events happening around one of

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the major considerations for law enforcement for public safety was drone operations over large crowds. Um we consulted with Elizabeth who has a very robust uh drone ordinance because they uh do have ports, they have major infrastructure and they bordered the the Hudson um in addition to some other

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municipalities of our size and came up with what we felt was a tailored ordinance for us. That being said, if there's any suggested revisions or if there's anything a part of this ordinance that council doesn't like, I promise you I will not go home and lose any sleep over it. Um, it's just something that was brought to my attention. U, we are not experts. I'm

623
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not an expert. Um, but it is something that we did a little bit of homework on and felt strongly about it. Um, but again, it's it's kind of up to you guys whether or not you want to move forward with it. I'm perfectly content either way. Uh, so appreciate it. I'm open to any questions if anybody else has any. >> Through you, Council President.

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>> Yes, Council Member Ber. I do have a question. Um, Chief, first of all, thank you for being here and protecting all of us, you know. Um, but I I have a question about public property cuz we say city property, but that's public the

625
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public's property, right? So, does this prohibit a a kid from getting a drone from Toys R Us? I don't think they're still around, but um and being in a safe area, whatever we define that is on

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public property and flying a drone there. Are they not going to be able to do that? Is there a difference? And >> my my understanding is the the ordinance states city property. I don't know if that conflicts with public property city owned property.

627
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>> Yeah, which is the public's property, right? >> Pretty much. Yeah, I would assume so. So if if a kid's on if they're out and it's Sunday and nobody's around and they're out in the parking deck, I mean, I know it's close to the police station, but if

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they fly their little drone or whatever, they they're not allowed to do that >> under this ordinance. They would not be allowed to do that. No. >> Can I The the second question I have is um what if we made uh required people to have a uh um a 107 license, right? So,

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our officers that are part of our UAS unmanned aerial systems unit, which is the drone unit for the police department, we do require them to have a part 107. It is not a requirement for the state for police officers to have it, but we do we did want that extra layer of protection for the city for liability purposes. I can tell you each

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officer who had zero experience in uh aviation took about 4 to 6 weeks to study for that test and pass it. and they had to pay $185 out of their own pocket and to be reimbured from the city when and if they passed. Um, I'd like to say they all passed the first time, but to have a 12-year-old study and take

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that test. If he gets the 107, he can fly wherever he wants. It's not an easy test. >> Yeah, that that's I I think that was that that's just my first read of this. It's like, well, if the ordinance requires people to actually have this license, that means that they they're compliant with the rules. They know

632
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where to fly it. they were know where not to fly it. They know all this, they know that. So, if we had an ordinance that said, "Hey, summer residents, if you want to fly a drone, >> you need to get that license, right?" And then that would take care of all the other pieces of, you know, um you can't

633
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fly it during, you know, events and everything cuz I think all of that is in there. Um I'm just throwing that out there. Uh I think that would take care of a lot of the lot of the stuff. What I am just concerned about is um just on

634
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public property and kids flying drones and things of that nature. I just don't want it to be too prohibitive um in public spaces where >> No, I understand your concern which is why we reached out to the city solicitor just to find out if we were exposing ourselves to liability by not you know

635
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uh limiting or prohibiting the use on city property. And while you know the much of the liability would fall on the pilot if there was an accident and somebody got injured, the city would bear some sense of liability because we're permitting that act to happen on on city property. What level of

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liability that is, I don't know. Um, and again, I I don't disagree with you that having a part 107 um would allow anybody flying a drone to be better prepared and understand the airspace and where they can and cannot go. Um I don't think um it necessarily changes, you know, the the the level of liability that the city

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faces. Whether you have a driver's license or not, you're still subject to title 39. So um but again, whatever the council wants to do, I'm okay with it. I promise you I won't be upset. >> Thank you for answering my questions. I appreciate it. >> Okay. >> Yes. Council me um >> Oh, do you want to go first or

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>> Okay. >> Okay. >> Okay. Council member Lucerina. >> Thank President. I just wanted to note that there there's of course always discretion in in the enforcement of of laws and ordinances, right? And so I think in the example that Councilman Ber has presented, it could be an education moment, right? It wouldn't necessarily

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be an enforcement, but it could be to educate the child on safe operation and where such activities are permitted or not permitted. >> Correct. We do use discretion for municipal ordinance quite a bit. Um just because a lot of people are unaware of ordinances, right? So

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>> Council Member Calmanson. Thank you, Council President. Um, yes, this situation that Council Member Buer is describing is exactly what we discussed and exactly why we were going back and forth with um with I I think it was Ron

641
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Kavanaaugh um drafted the ordinance. And um the the piece that I was concerned about was the piece that said parks, right? because, you know, I I have kids and my dad got little like drone and they went outside and they played with

642
03:00:21.680 --> 03:00:37.040
it and we don't want to take that away from anybody. So, that's why, you know, we were going back and forth about this and talking because we we certainly want everybody to enjoy being in the park safely, right? So, all of that being said, you know, with this ordinance, I

643
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we we do have the ability to remove parks from this ordinance if we if we want to. Yeah. Right. So, so so if if this council chooses to, I would be supportive of removing parks from this ordinance. >> Um is is

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um a motion. >> How would I do that? >> Did you want to did you want to amend the organs now? Can I can I make a motion to amend the ordinance >> if it's a substantive change that will

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kill the ordinance? >> Okay. So, being that >> I see. So being that timing is of the essence and we would like to get this passed before July 4th and before FIFA, I'm going to support this ordinance and

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then we will amend in the future so that we can make sure that um you know that parents and grandparents and all can still enjoy little drones with their kids. >> Similar to the previous topic, I' I'd be certainly open to guidance from an expert. I'm not an expert on this. I learned all about drones when we

647
03:01:41.120 --> 03:01:56.399
initiated the program as, you know, the supervising officer. I didn't get a part 107, but I, you know, met with the vendors, learned a lot about drones, learned about the operation of them, but I'm by no means an expert. I didn't take the 107. I don't have a 107. I'm assuming Hurley has a 107. So, there you

648
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go. I got an expert. Yeah. So, now we serve as two committees experts. One for the surveillance cameras and one for this. So, every time I put an ordinance on the agenda, he shows up. >> You have a fan club. Okay. >> Any other questions? >> Um, yeah. Council member Lman, >> really quickly, um, I have to be honest,

649
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I don't love it, but um, what's definitely important to me is that we communicate with the public about it before we do any sort of enforcement or even education. So, can we just I trust that you will, but can we I just wanted to make that point. Let's >> I don't know with the public about what the rules are because my kids too fly

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drones, flew drones at the park and uh, even my husband. But um so I think again it feels a little overreachy to me. Let's revisit the parks piece. I like that idea. Um >> I I don't love going on record and saying that we use discretion quite

651
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frequently. >> However, having an ordinance in place and being able to use discretion, but also being able being able to refer to the ordinance if something did go bad to say that there was something in place to mitigate this risk. >> Yeah, >> it's kind of a >> I understand. Thank you. >> Good way to go about business. question

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parks. If we eliminate parks from the conversation, isn't that >> well, city owned property, it states in the ordinance. So, it would include something like the top of the culis garage, which I think should still be included. Um, parks may be a little bit different because there's more space and you're not launching from an elevated position. Um, because that ceiling, that

653
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400t ceiling doesn't change whether you know you're depending on where you are in the town and the topography, it can change. But if you're on top of a structure, typically from what I understanding, and again, I don't have a part 107, Mr. really might clarify me that that structure the topography comes from the ground not necessarily from the

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top of the structure. So if you go 400 ft from the top of the call's garage you might be north of the 400t ceiling >> goes from the top of the structure >> that it goes from the top of the structure. So there you go. So you can actually go higher than 400 ft in regards to the topography if you're launching from 80 ft or 100 ft up already. Now you're 500 ft of the air.

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>> If we're concerned about large gatherings, most of those in town happen at our parks. >> Yes. So, aren't we sort of defeating the purpose if we take parks out of it? >> Well, there's other components to this that I think would cover that. And again, we're not trying to restrict flying. The FAA overseas airspace,

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right? That's not what we're looking to do. We're just looking to give ourselves some something to grab on to if we do have anything that falls within this ordinance that we don't have to necessarily refer it to Washington DC and wait for a response. We can address it in real time. And if that means, you know, a $35 ordinance violation for

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someone who's not being cooperative or using our discretion for someone who didn't know, then that's kind of those avenues that we would take. >> Thank you, >> Council President. >> Yes. Council member Chrisouli >> J Peters, two questions for you. one,

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have we had any incidents in summit uh that would raise concern that we need to address through this ordinance or is this a general issue that we're seeing in other jurisdictions? And the second part of the question is um is there pressure

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from some other entity related to FIFA that we should take action now in in you know in relationship to the World Cup being played here? So the first part we did have one incident where a drone crashed and it was our drone. Um so yeah it got damaged and it could have

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hurt somebody and our guys are part 107. So it's just as simple as like how fast things can go wrong with wind gusts and with weather and um these things are very sophisticated and they tend to operate pretty good but you know accidents can happen. Uh on the back on the back end of that, the FAA did come out to the New Jersey State Chiefs of

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Police Association meeting and they talked about um you know modern technology with drones and the ongoing threat there is uh if anybody you know saw any of the videos from the conflict of between Ukraine and Russia, a lot of what they utilize was drones for attack mechanisms and it's been a main concern

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for the FIFA security uh which is one of the reasons we tried to kind of get this on the books as soon as possible uh especially with the watch parties and again we're not looking to restrict whatever the FAA has in place. We're just giving ourselves the ability to kind of enforce without having to refer out and hope that we get a response. Um, but it is something that

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I'm not the only chief in Union County that's pursuing this. Like I had said, uh, I think Springfield's had one on for a while. I know Elizabeth, we took pretty much a lot of their language with the exception of some of their critical infrastructure. Um, so it has been a topic of conversation I think across the board. um as this technology advances

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and there are nefarious actors that can utilize these things and arm them with small explosives and other things, chemical agents that can just fly over and you know cause havoc. Um and I'm not saying that the summit's ordinance is going to stop anyone from doing that, right? Like they're not going to there's not going to be a terrorist that looks

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up our ordinance code and says, "I'm not going to go to Summit because I might be subject to a $35 fine." Um but uh but again, it's just like I said, uh it's it's really up to you guys whether or not you want to move forward with it. It was just something that's been a discussion amongst chiefs of police. Um, did my best to do my research. Is there

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room for some revisions most likely, right? We're not experts. Uh, Pat seems to know a lot more about it than I do. Um, but, you know, there's always work to be done and and I kind of share the same uh sentiment as before, like maybe we pass it now, see how it goes, look to, you know, have some meetings with

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some people who know a little bit more about this stuff and then we can always revise it. That's a part of this process, right? the public comment have people coming out and giving their feedback. So >> definitely definitely open to that. I'm not like a closed book and >> so I think on that basis I would support the ordinance.

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>> Okay. >> With with the opportunity to amend. >> Thank you. >> As needed. >> Good. >> Okay. Any other comments, questions? Okay. Let's move on then. Madame Clerk, would you read ordinance for hearing number

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26-3389? >> An ordinance amending the code of the city of Summit section 7-25, regulations for the movement and the parking of traffic on municipal property and board of education property subsection 7-25.2 municipal parking lot areas.

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>> Thank you. Back to you, Council Member Calman. >> Thank you, Council President. This is ordinance ID26-3389. And this ordinance, should it pass later in the meeting, will reopen the Chestnut parking lot effective tomorrow, June

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17th. This lot will return to a commuter lot for the time being. Prepayments and park mobile payments are the only forms of payment that will be accepted as the payment kiosks were removed earlier this year in preparation for the property sale. We will need to close this lot again when the property is sold, but

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until then, we would like for our residents to have access to this lot while it is still uh city property. I move to open hearing on this ordinance. >> Second. >> Thank you. Um do we have comments on this ordinance from members of the public?

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>> Okay. Do we have comments on this ordinance from members of council >> through you, Council President? >> Yes, Council Member Boy. I just wanted to uh give a shout out to uh um Councilwoman Commonson because she made this happen with speed. I mean, she saw

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the issue. She brought it up and she was like, "Listen, we need to do this." Um it was So, um thank you, uh Councilwoman. Good job on this. Um hopefully it'll it'll relieve some parking issues for the time being.

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>> Thank you, Council Member Ber. Anybody else? Um, I'll just note that we we are scheduled I haven't been to the tiered garage lately, but we are scheduled or maybe it's happening that there's be

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repair work there this summer. Um, that will close the first the the top couple of tiers. So, having the Chestnut Street lot open is going to relieve some of the pressure there on parking. And with that, I'll close that hearing

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and we can move on to votes. Okay. Ordinances for final consideration. Okay. Um, madame clerk, would you please read the title of

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sorry, ordinance number 26-3390. Ordinance of the city of Summit County of Union, New Jersey, amending and supplementing chapter 35 of the city code entitled development regulations uh subsections 35-9.2 prohibited uses.

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>> Thank you. Um Council Member Chrisi. >> Thank you, Council President. Having closed the hearing on ordinance 26-3390 a relatively short time ago, I move this ordinance for final adoption. >> Second.

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>> Okay. Madam clerk, would you call the role? >> Mr. Boyer, >> this is the uh I'm sorry. This is the There's two data center data center. Okay. Um just quick note that I uh I made a motion to table this. Uh the

681
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motion was denied. Um I do feel as though that uh the 20 megawws uh should be taken out of this and I know it's going to pass anyway but for that reason uh nay. >> Mr. Chris Foley

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>> I >> Miss Calmanson >> I >> Miss Landman >> I >> Miss Sarasina >> I >> President Toth >> I um Okay, let's go to ordinance number 26-3382.

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Would you please read the title, Madame Clerk? >> Ordinance of the city of Summit County of Union, New Jersey, amending and supplementing chapter 35 of the city code entitled development regulations subsection 35-9.2 two prohibited uses. >> Thank you, Council Member Chrisouli.

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>> Thank you, Council President. Having closed the hearing on ordinance 26-3382 a short time ago, I move this ordinance for final adoption. >> Second. >> Madam Clerk, would you please call the role? >> Mr. Ber, >> I. >> Mr. Chris Foley, >> I. >> Miss Kelmanson, >> I.

685
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>> Miss Landman, >> I. >> Mr. Sarosina, >> I. >> President Toth. Um, moving on. Madame Clerk, would you please read the um read the title of ordinance number 26-3383?

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>> Bond ordinance appropriating $5,64,000 and authorizing issuance of 5,337,000 bonds or notes of the city for various improvements or purposes authorized to be undertaken by the city of Summit County of Union, New Jersey.

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>> Thank you, uh, Council Member Landman. >> Thank you, Council President. Ordinance number 26-3383. Having closed the hearing on this ordinance just moments ago, I move this ordinance for final adoption. Second. >> Um, Madame Clerk, would you please call the role? >> Mr. Ber, >> I. >> Mr. Chris Foley,

688
03:12:47.520 --> 03:13:02.399
>> I. >> Miss Calmanson, >> I. >> Miss Lman, >> I. >> Mr. Sarosina, >> I. >> President Toth. >> I. Um, Madame Clerk, would you please read the title of ordinance number 26-3384? bond ordinance appropriating 2,250,000

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and authorizing the issuance of 2,142,000 bonds or notes of the city for various sewer utility improvements or purposes authorized to be undertaken by the city of Summit County of Union, New Jersey. >> Thank you, Council Member Landman. >> Thank you, Council President. Ordinance

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03:13:18.479 --> 03:13:34.239
number 26-3384. Having closed the hearing on this ordinance just moments ago, I move this ordinance for final adoption. >> Second. >> Thank you. Would you call the role, please? Mr. Ber. >> Hi, >> Mr. Chris Foley. >> Hi, >> Miss Calmanson. >> Hi, >> Miss Landman. >> Hi, >> Miss Lucarina. >> Hi,

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>> President Toth. Um, Madam Clerk, would you please read the title of ordinance number 26-3385? bond ordinance providing for the improvement of parking facilities in and by the city of Summit County of Union, New Jersey, appropriating $2,593,000

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therefore and authorizing issuance of $2,469,000 bonds or notes of the city for financing such appropriation. >> Thank you, Council Member Landman. >> Thank you, Council President. Ordinance number 26-3385. Having closed the hearing on this

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ordinance just moments ago, I move this ordinance for final adoption. Second >> roll call, please. >> Mr. Ber, >> I. >> Mr. Chris Foley, >> I. >> Miss Celmanson, >> I. >> Miss Landman, >> I. >> Mrs. Laroscina, >> I. >> President Toast, >> I. U. Madam Clerk, would you please read

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the the title of ordinance number 26-3386, >> an ordinance to end the code, appendix A, schedule of fees contained in the revised general ordinances of the city of Summit. >> Thank you, Council Member Landman. >> Thank you, Council President. Ordinance

695
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number 26-3386. Having just closed the hearing on this ordinance moments ago, I move this ordinance for final adoption. >> Thank you. Roll call, please. >> Did I have a second? >> Oh, I'm sorry. >> Second. >> Okay. Now, roll call, please. >> Mr. Ber, >> I. >> Mr. Griffo,

696
03:14:53.520 --> 03:15:10.080
>> I. >> Miss Calmanson, >> I. >> Miss Lman, >> I. >> Mr. Lucarina. >> Hi. >> President Toe. >> I. Um, Madame Clerk, would you please read the title of ordinance number 26-3387? an ordinance to establish the 2026 salaries, wages or compensations and for

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the officers of and for the officers and employees of the city of Summit County of Union, New Jersey. >> Thank you, Council Member Landman. >> Thank you, Council President. Ordinance number 26-3387. Having closed the hearing on this ordinance just moments ago, I move this

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ordinance for final adoption. Second. >> Roll call, please. >> Mr. Ber, hi. >> Mr. Christopher, >> hi. >> Miss Kelmanson, hi. Miss Landman. >> I Miss Lucerina. >> I President Toth >> I. Um, Madame Clerk, would you please read the title of ordinance number 26-3388?

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>> An ordinance amending chapter 3 police regulations of the code of the city of Summit County of Union, New Jersey, adding a new section 3-20 entitled drones and other unmanned aircraft. >> Thank you, Council Member Calvinson. >> Thank you, Council President. Having

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closed the hearing for ordinance ID 26-3388 moments ago, I move this ordinance for final adoption. >> Second. >> Roll call, please. >> Mr. Ber, >> just a quick note. Uh, just explain my my my vote. Um, Councilwoman Lman and

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Commonson said that there were look at revisions to this um especially on the public property and things of that nature. So, um I would like to vote for say nay now. Um in the condition that we

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do take a look at this. So, yes, >> you voted nay. Correct. >> Uh I sorry >> you voted I >> I >> Okay, you're confusing me. >> Sorry, Miss Lee. Sorry. >> That's okay. >> Mr. Chrisoy,

703
03:16:50.000 --> 03:17:06.560
>> what he said? >> I need an I or an A, please. Hi. >> Oh, thank you, Miss Calmanson. >> I miss Landman. >> I miss Lucarina. >> Hi, >> President Took. >> I almost there. Um, Madame Clerk, would you please read the title of ordinance

704
03:17:06.560 --> 03:17:22.880
number 26-3389? >> An ordinance amending the code of the city of Summit, section 7-25, regulations for the movement and the parking of traffic on municipal property and board of education property subsection 7-25.2 two municipal parking

705
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lot areas. >> Thank you, Council Member Calmanson. >> Thank you, Council President. Having closed the hearing for ordinance ID 26-3389 moments ago, I move this ordinance for final adoption. >> Second. >> Roll call, please. >> Mr. Ber, >> I.

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>> Mr. Christopher Foley, >> I. >> Miss Cmonson, >> I. >> Miss Landman, >> I. >> Miss Lucerina, >> I. >> President, >> I. Now we have an ordinance for introduction. Um, so madame clerk, would you please read the ordinance for introduction ID number

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03:17:54.640 --> 03:18:11.920
12614? Repeal and replace chapter 5 filming controls and amend chapter A schedule of fees appendix section A-27 filming permits in section and section A-28 filming parking fees of the general

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code of the city of Summit County of Union, New Jersey. >> Thank you, Council Member Ber. Thank you, Council President. Uh for introduction of this ordinance, I would like to defer to uh Councilman Christopher Foley who did a tremendous wonderful job on this. Um

709
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>> you say that. >> So, I'd like uh you to introduce it, sir. >> Thank you, Councilman. Um I'm speechless, so I appreciate that. Uh, ordinance ID 12614,

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uh, the film ready ordinance would modify some of its existing ordinance covering film and video productions as part of a partnership with the New Jersey Economic Development Authority. The Wall Street Journal article from May 28th has the unlikely headline, "Big

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studios are ditching Hollywood from New Jersey due to state level tax incentives." Uh the problem is that each of New Jersey's 564 municipalities has its own rules uh that make it difficult for these productions to come to our towns.

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The proposed ordinance is a model recommended by New Jersey EDA to make the rules and process more uniform. 65 municipalities across the state already have adopted this ordinance. Since Summit is such a special place, one

713
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question is whether we might attract too many productions. This was a concern raised by our city clerk, but I am assured um by our attorney that um the ordinance includes provisions for us to

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take a pause or just say no if the volume becomes too high. Uh Thomas Edison built the world's very first movie studio a few miles from here in West Orange. It's worth a visit. So, in one sense, the movie industry is just coming home. I move to introduce the

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ordinance. >> Second. And I'm sorry, Dan killed this one, man. He was like, >> "Yeah, second." >> That's very gracious of of you, council member Boyer. I know you would have done as well.

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>> Um, okay. So, um, this is just >> just roll. >> Is it roll call? It is roll call. Yes. Thank you. Hadn't gotten to that page. Madame Clerk, >> Mr. Ber, >> I, >> Mr. Chrisully. I >> Miss Calmanson. >> Hi, >> Miss Lenman. >> Hi, >> Miss Lucerina. >> Hi,

717
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>> President To. >> I um now we get to move on to resolutions. Um let's see. We've already done Miss Lucerena's. So, we're going to go back to to Miss L to Council Member Landman.

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>> Council President, if I may suggest, she can b uh Council Member Lamman can bundle if she wishes. >> Great. Thank you. I will do that. Um I appreciate that. Thank you, Council President. uh resolutions number 12509

719
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and 12513. I'll bundle those together. Um they provide cost of living adjustments to salaries or move uh city staff to the next step in their salaries. This increase applies only to non-union employees that have um uh the

720
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3% only applies to non-union employees who have maxed out their steps. Um, city staff like all city residents and the municipal budget are feeling the impact of historically high utility prices and fuel due to the word in Iran as well as other goods and services and this modest

721
03:21:38.319 --> 03:21:54.800
increase will help offset but not fully cover the current inflation rate. I move to adopt this resolution. Second. >> Okay. Thank you. Do are there any members of the public who would like to comment on one or both of these resolutions? Any

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members of council? >> Yes, council member board. >> I know it's late, right? I'm just I I I just I just want to ask the council. Um when salary increases, uh can you please look at the crossing guards, right? I

723
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mean, I know, right? But I mean, we're talking about um you know, increases in food and and this and that. I mean, these some of these folks retired, you know. when you look at increasing salaries and

724
03:22:25.520 --> 03:22:41.200
stuff, you know, take care of those folks, too. That's all I'm saying. So, if if if you can go back to not with this, but if you have other conversations in finance, it would be nice to do that as well. Thank you. >> Okay. Thank you, >> Council President. Excuse me through

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city administrator. >> I just want um Councilman Buer to know and I'm going to find it and I will email it to you tomorrow along with the finance committee. We did do some research on surrounding towns and their crossing guard rates and we are one of

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the two highest. So, I just want to put that out there. >> Okay. Thank you. Um, do we have other comments from members of council? >> No. Um, so I I think this is just an up or a down. Okay. All in favor? >> I

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>> I Any opposed? Okay, a motion motion carries. Um, let's move on to Council Member Chris Aouli. >> Thank you, Council President. Uh, resolution ID12579 authorizes the award of a bid in the

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amount of approximately $220,000 for the Ashlin Road Sidewalk Plan providing a safe way for kids to walk to school or Memorial Field, a route for dog walkers, runners, and everyone else on that side of town. I move to adopt the resolution. Second.

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>> Thank you. Do we have any comments from members of the public on on this resolution? >> Do we have any comments from members of council? >> Through you, council president. >> Yes, council member. >> Uh, this one is really close to my heart because I saw it from the beginning and now to this point. Um, this this is the

730
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essence of residency advocacy. Um, it didn't start here. This one started with the residents, the neighbors. They got everybody together. They got a petition. They had over like a hundred people sign it. Um they organized and they they

731
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brought it forth and the council did what they should do which is you know push it and make sure that the city implement it because the people want it. So tonight this whole process really becomes real. Um, we're going to build

732
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new ADA compliant sidewalks from Ashlin Road, Stacy Court, Tanglewood Drive. Um, and, uh, I'm really excited about how this played out. Um, and portion of it is going to be funded by the DOT. So,

733
03:24:58.479 --> 03:25:15.760
um, didn't really spend that much money on it either, so it was all worked out. >> So, thank you, Council President. >> Thank you. >> Yes, Council Member Calvinson. Thank you, Council President. Um I am equally excited about the uh sidewalks coming to Ashlin because u you know the sidewalks

734
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have just gone into um Canoe Brook and I've had so many people stop me and thank me and say they're really enjoying them. They enjoy walking you know their dogs on the sidewalks and um you know when we have sidewalks parents feel safer letting their children walk and

735
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giving them more freedom which then builds the confidence in children and that's that's what we all want. So, I I'm really excited that that um new sidewalks are going into it's just it's a huge deal. Thank you. >> Anybody else?

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>> No, I'll just say yeah. Um it's a it that's a neighborhood in town where there has been no safe way to leave other than by car. Um and it's very exciting to see this in see this. I'm

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sure those of us along this side of the dis who have walked Ashland Avenue and knocked doors on or Ashland Road knock doors on Ashlin Road um can appreciate how dangerous it has been. I love telling the story of the the postal

738
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carrier who stopped his truck when I was walking on Ashland to tell me that there needed to be a sidewalk. Um glad this is finally happening. Um, and thank you, Ally, if you're watching this because we know you started it. Um, with

739
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that, um, let's take a vote. Um, all in favor? >> I. >> Any opposed? >> Yay. Back to you, Council Member Chris Auli. >> Um, I think we're pulling this one. >> Yeah. >> Oh, yes. I I I am sorry. We we as much

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03:26:55.040 --> 03:27:11.680
as we want to appoint affordable housing task round four task force members, please people apply for this. Um this this really affects you. Um you are correct. So let us go to um

741
03:27:11.680 --> 03:27:28.399
back to council member Calmanson for um resolution ID 1260. No >> yes 12602. Thank you, Council President. This is resolution ID 12602, and this resolution

742
03:27:28.399 --> 03:27:42.640
declares a vacancy in the parking services agency for a parking collections technician/ enforcement officer pending closed discussion. I move to adopt this resolution. >> Second. >> Okay. Do we have comments from members

743
03:27:42.640 --> 03:28:05.439
of the public on this resolution? Do we have any comments from members of council? Okay. Um then let's close the hearing. All in favor? >> I. >> Any opposed? Motion carries. Um consent agenda. Do I

744
03:28:05.439 --> 03:28:21.760
have a motion? Um mo mo motion to pass the consent agenda. >> So moved. Second. >> Okay. Do members of the public have anything to say about the consent agenda?

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Members of council. Oh, for a second there. I thought you were raising your hand. Council member Calmanson. >> No. All in favor? >> I. >> Any opposed? Okay. Um, thank you to our

746
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city staff for sticking it out. You You are free to leave us. We'll see you way too early tomorrow morning. Um, going to move on to the public comment portion of the meeting. And as we begin public comments, we ask that the residents of Summit step forward to speak first. We

747
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value input from everyone and any member of the public is welcome to speak. We simply ask for your courtesy in allowing our local neighbors to lead the public discussion if they're prepared to speak first. Hello, Mr. Basmouth. >> Council President, just really quickly,

748
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um I know August was on his way out, but I just I just really wanted to thank him the last two meetings. Um he's really he's really did a fantastic job. So maybe he'll watch this at some point. But uh >> we'll tell him you said so. >> Yeah, he did. He did good. So >> yes.

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>> Yes. >> My name is Henry Bassman. I live at 18 Hartley Road. I was sad to see at the end of the last Common Council meeting, Mayor Fagan gave a long, passionate, and concerned talk about the political climate and summit. She accused the

750
03:29:42.880 --> 03:29:58.800
current common council majority of playing politics with important decisions that affect the entire community. I would suggest there's enough blame for both sides that should have been acknowledged because by not doing so speech became partisan

751
03:29:58.800 --> 03:30:14.560
political propaganda. More importantly, complaining does not solve problems. It only makes them worse. Leaders don't complain about problems. Leaders solve problems. As chief executive officer of Summit, here

752
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are a few leadership initiatives I believe Summit's mayor could have proposed to solve the problem. One, form a partnership. The mayor council president dedicated to improving the political climate summit. Two, recruit two highly respected leaders to consult,

753
03:30:31.920 --> 03:30:47.439
advise, and negotiate best political practices. Frank Messioce and Jordan Glatt would be a good team for such an effort. Three, hire a team building firm to identify and implement some muchneeded changes. Four, bring leaders of the Democrat and Republican

754
03:30:47.439 --> 03:31:03.439
committees together to sign an agreement or joint letter describing their commitment to best political practices, as I did with Mary Ogden to stop people from stealing campaign signs many years ago when we were both chairs of our respective parties.

755
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Five, hold meetings with people who have grievances, float conspiracy theories, and firmly assault people on social media and work with them to rectify their concerns. Reach agreement with council members to eliminate ambushes and gotchas. There's an old saying in

756
03:31:18.960 --> 03:31:36.319
business, lead, follow, or get out of the way. If healing the increasingly divisive political climate and summit is a priority for our major mayor, it is time to take one of those three courses of action. Stop complaining and lead. Follow or get out of the way.

757
03:31:36.319 --> 03:31:51.680
Consequences of not fixing this problem will be dire. People pay a real estate premium to live in Summit because it's a great community. If Summit becomes a toxic community, our premium property values will evaporate. Every homeowner

758
03:31:51.680 --> 03:32:09.040
will lose value of their home. Downtown will wither. Our tax base will shrink. Our school budget will be reduced. Our beautiful community will deteriorate. I don't want that to happen. I feel certain other summit people don't want it to happen either. So, as we used to

759
03:32:09.040 --> 03:32:24.640
say in the army, do something even if it's right. Our mayor was elected to lead, follow, or get out of the way. Now, if our mayor has already taken action to

760
03:32:24.640 --> 03:32:42.399
rectify some of the problems that she identified, then I express a great thank you for taking that action. We need to have peace and we need to get along with each other. >> Thank you, Mr. Bass.

761
03:32:42.399 --> 03:33:05.760
>> Anyone else? Dennis Harry on 140 Broad Street Summit, New Jersey. Council President, I'm not sure whether this is appropriate, but maybe I should have asked it earlier, but uh regarding the affordable housing, Round four task force members, you said

762
03:33:05.760 --> 03:33:22.399
about appointing uh and then you made a comment about apply. So, I'm I'm a little confused. said appoint then apply. So how does that work?

763
03:33:22.399 --> 03:33:38.800
>> Um Reverend, if you would like to apply um go back into your account. Have you applied on online? >> No, I'm already on the affordable housing committee. >> So you're on the affordable housing committee. Just select the uh new task force in addition to what you have as long as you don't go over four because

764
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the system will only accept four. This is an addition address another committee. >> Yeah. If you'd like, I can do that for you if if you're okay with that. >> Oh, I like that. Thank you. >> Okay. >> So, so, so, but the process is a two-step, Reverend, that um that

765
03:33:57.120 --> 03:34:14.960
residents apply and then from the applicant pool, council appoints. >> Okay. Oh, that's why I was confused. >> Yeah. Thank you so much. >> Okay. Alan Dicki 80 Canoe Brook Parkway. I just want to thank um all involved in

766
03:34:14.960 --> 03:34:33.520
the Canoe Parkway improvement. The sidewalks are complete. The construction has been going very smoothly. The police department has protected the um the workman. Um, and I've had the opportunity to walk

767
03:34:33.520 --> 03:34:51.840
on the new sidewalk uh several times and everyone in the neighborhood who has been using the sidewalks is very very happy with the sidewalks. Uh, it's been a great improvement to the neighborhood and the living livability

768
03:34:51.840 --> 03:35:07.680
of uh our neighborhood. So, thank you all. It's this has been a long project. It's been going on since perhaps even 2019 and there have been several different uh iterations of council and

769
03:35:07.680 --> 03:35:39.760
other people involved in this and it's been a great success and I again thank you all very much. >> Thank you. Any other comments? Okay. Uh, anonymous. Um, I really wish you wouldn't do that,

770
03:35:39.760 --> 03:35:56.800
council president, with the saying residents first. There's no need for it. There is just no need for it. I believe I'm the only non-resident in the room. Um, this was started in the beginning of the year and it just sends a bad message. I mean, we didn't do it

771
03:35:56.800 --> 03:36:11.279
throughout the meeting. Uh, but now we're doing it again. You know, that makes me want to get up to the lectern and speak before a resident. You know, as a courtesy, I always let the resident speak first. There's no need for it. I I

772
03:36:11.279 --> 03:36:43.279
I I truly don't understand it. Um, how are you doing tonight, Council President? Council President, how how are you doing tonight? Excuse me. How are you doing? What a weird barrier to create. You

773
03:36:43.279 --> 03:37:06.720
can't even say good shut down communication. May I ask what the point of the last meeting was to limit council comments to 3 minutes because that's an abominal disgrace to the process. It's disgusting. These

774
03:37:06.720 --> 03:37:23.359
elected officials, they represent the people. I don't know what makes you think you can just arbitrarily decide to do that and and through the chair to Councilman Bore. I'm glad that you pushed back a little bit, but I I wish you would have p pushed back harder. I mean, you have

775
03:37:23.359 --> 03:37:38.160
you're a better man than I am because I I would be losing my Absolutely. For something like that. These people have been elected to represent the public. I don't know what makes you think you can arbitrarily just

776
03:37:38.160 --> 03:37:57.120
decide to make up a rule like that. I I had a 12-hour workday. This is my busy time of the year. I would have loved to have just stayed home, but it was important enough for me to come out here and you can't even look at me in the eye. You have not looked at me in the eye this entire time. You wouldn't even say how you're doing.

777
03:37:57.120 --> 03:38:14.160
So, I I I just don't understand it. And I know you won't be giving any apology, but I think you owe the mayor an apology for saying that she should be limited to 3 minutes, too. Absolutely disgusting disgrace. >> I'm I'm sorry. Uh through you, council

778
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president, >> please stop the clock. Uh Councilman, I'm the the typing. I'm I'm sorry. I can't >> Oh, I'm sorry. I was just taking notes. >> Okay. >> Sorry. It's a little loud. >> Okay. Thank you.

779
03:38:29.840 --> 03:38:44.720
Yeah. So, uh that's disrespectful to the process. It's disrespectful to the proceedings. Uh it's just a disgrace. It's an abominal disgrace for for the whole process. You cannot limit council comments to 3 minutes. And to do it

780
03:38:44.720 --> 03:39:01.920
under the framework of uh discipline, that's disgust. And I've spoke about the 3 minutes being not enough for residents. So, to do that to the council members and to do that to the mayor is an absolute disgrace. Thank you for your comments. >> I want to answer how your day is doing. >> Thank you for your comments.

781
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>> Thank you for your comments. >> Do we have any other comments from members of the public? Okay. How about members of council? >> I go first. >> Council member Boyer. >> Um sorry, council uh member Christopher

782
03:39:20.880 --> 03:39:37.120
Foley. My son does that and I'm like, why are you hitting the key so damn hard, man? drives me crazy with that. Like >> I hear that at home, too. >> I do hear it. I >> was going to say he's practicing his drumming. >> So, uh, as we know, um, this this

783
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weekend we're we'll be this week, right? We'll be celebrating, uh, Junth. Um, on June 19th, 1865, federal troops reached Galveastston, Texas, and told the people there that they were free.

784
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The Emancipation Proclamation had been signed two and a half years earlier. So the freedom was real the whole time, but the news simply had

785
03:40:10.560 --> 03:40:28.399
not arrived. So for 2 and 1/2 years, men and women lived as slaves, but they were already free. Um I think that gap is not a grievance

786
03:40:28.399 --> 03:40:45.040
but a lesson. Uh freedom on paper is not the same as freedom in your mind. It's an interesting book that I read uh years and years and years ago. It's

787
03:40:45.040 --> 03:41:01.920
breaking the chains of psychological slavery. Um, and this promise in our founding documents of our constitution is for all of us that we are all created equal. And

788
03:41:01.920 --> 03:41:17.760
that has always been true. And when I look at my kids, I relate to them all the time. No one is better than you. Walk with your chest high.

789
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Be firm in your ideas. Don't take second place. Be first. Compete. Damn it. Compete. That to me is what Junth is all about.

790
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Compete. And I hope that the public on that day just doesn't take it as a holiday but embrace the history of this country because without

791
03:41:55.200 --> 03:42:12.560
these things America might not be the America that we have now with all the freedoms and rights and you know 14th amendment and this amendment and that amendment. um as a young country this was a growing stage. So

792
03:42:12.560 --> 03:42:32.160
um I hope everybody takes Junth then and uh thank you council president. >> Thank you council council member Ber. >> Yeah. Council member Lman. >> Uh thank you council president. Um,

793
03:42:32.160 --> 03:42:47.600
so I want to speak briefly about Summit's affordable housing plan and the concerns residents continue to raise as recently as last week at the council listening session. Um, the current affordable housing plan moved Summit forward towards compliance, but it was

794
03:42:47.600 --> 03:43:04.080
not the product of a strong enough strategy. It was developed under intense legal pressure and approved without the level of planning, public understanding, and relationship building that the issue required. And we're feeling the consequences of that now. Wilson Park might be subdivided because the plan put

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in place last year did not have a suitable location for the hourhouse development. It's clear our houses needs were not properly considered and now we're carving up and developing space, excuse me, scarce green space. The Veterans Housing project at Chump

796
03:43:20.720 --> 03:43:36.880
Pike is also not a suitable location for this type of development. Veterans deserve access to transit, support services, a community connection, and a setting that supports long-term stability. St. Teresa's was included in the plan before the arch dascese approved it. They still haven't.

797
03:43:36.880 --> 03:43:53.680
We are working in good faith to meet our affordable housing obligation. We don't just need to, we want to. The question residents and many of us keep asking though is whether there whether the current plan can be improved so the city can meet some portion of that obligation in a more reasonable and responsible

798
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way. I don't know yet. I don't have the answers. But residents, we hear you and I wanted to acknowledge that tonight. We are incredibly grateful for the constructive, helpful response from the public as we work through this plan for Summit's future. Please uh keep those ideas coming.

799
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Um on to the budget. We passed a bunch of ordinances and resolutions tonight to spend money on important assets uh for the city. And I am very excited to make these investments in safety and sports fields and playgrounds and roads. But I just also want to flag that we are closely monitor monitoring and goodness

800
03:44:26.720 --> 03:44:43.760
monitoring operating expenses. Um and as surprise to probably no one in this room, the cost of utilities and fuel for the city are hitting um the city budget pretty hard. City utilities and fuel expense is up about 45% versus this time last year. So we are we are watching

801
03:44:43.760 --> 03:44:59.520
closely. Uh this is what we planned for when we worked on this year's budget, keeping a laser focus on the burden on taxpayers, reducing that as much as possible. Um and we thank in advance the city staff who are working very hard to meet the operating the constraints of the

802
03:44:59.520 --> 03:45:15.359
operating budget. Um, and then last but not least, I know she left, but I want to just close by thanking Nicole Sawiki and um, Council Member Calmanson and others for opening the Chestnut Lot in time for those going to the parade for the Knicks on Thursday. Um, I hear there's a big group

803
03:45:15.359 --> 03:45:30.560
of high school students going now that school's out, I think really effectively today. Um, so I just want to thank everybody who made that happen and uh, remind our kids to stay safe. Thank you. >> Thank you, Council Member Calmanson. Thank you,

804
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council president. Um, I wanted to give some updates from DCP. Um, playground update. The Tatlock/W Washington playground phase one is complete and the playground is open. The second phase will take place later this year and that's when we will have um an official

805
03:45:45.920 --> 03:46:02.640
ribbon cutting. Maybe playground is scheduled to open the week of June 29th. Um, Community Programs is hosting several World Cup watch parties. Um, the first one is Thursday, June 25th at 400 p.m. Um, the World Cup will be shown

806
03:46:02.640 --> 03:46:17.600
before the screen on the green. Um, and that movie that night will be Airbed World Cup. Um, July 4th, we will be showing the 1:00 p.m. and 5:00 p.m. World Cup games at Memorial. This is in addition to all of the band and

807
03:46:17.600 --> 03:46:33.520
entertainment that we always have um, and the bouncy houses that that will all be there. And we will also have the World Cup game. So that's going to be really exciting. Um, also Saturday, July 11th on the Village Green, we'll be showing two World Cup games and working with Summit Soccer Club and other local

808
03:46:33.520 --> 03:46:48.800
soccer clubs to run games and activities for the kids and there will be food trucks. Um, so that'll be from 4:00 to 10:00 p.m. Um, lastly, recently it came to our attention that all not all residents are aware that Summit Department of Community Programs offer offers financial assistance for

809
03:46:48.800 --> 03:47:04.560
recreation programs, facilities, and summer camps based on qualifications for the federal free and reduced lunch program. Subsidized rates and payment plans are available for qualifying Summit residents. Um, so if you have any questions, please call or email David

810
03:47:04.560 --> 03:47:19.680
Guida and he can help point you in the right direction. Thank you. >> Thank you very much, Council Member Chris. >> Thank you, Council President. It's been a big two weeks since our last meeting, the DARE graduation that the mayor spoke

811
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at, our council listening session, pride celebration, affordable housing implementation committee aka the Mount Laurel committee capital projects and admin committees, tap water Tuesdays session that I attended to learn how we can protect our

812
03:47:37.199 --> 03:47:54.239
drinking water, recycling advisory committee, the environmental commission last night. there's something just about every day. Um, I'm really impressed by the summer interns. They really show amazing talent and for them to serve our city this summer is really, I think, a

813
03:47:54.239 --> 03:48:11.359
sign of the success of city staff. Quickly on um the capital projects uh committee that I chair, we have three grant applications that were part of the consent agenda. One is for additional sidewalks or re rehabilitated sidewalks around the village green and the YMCA

814
03:48:11.359 --> 03:48:29.760
lot. uh with uh accessibility uh the ADA ramps and so on. Um they're part of the 70 areas that the Department of Public Works is chipping away at around the village green. Um Brian Parkway. Um we are seeking additional funds there as

815
03:48:29.760 --> 03:48:45.520
well as for repaving curbs and drainage on New England Avenue on both sides of uh Springfield. Um, sewer repair will be extended to this southwest, I guess, part of town, closer to Ashland, Druid

816
03:48:45.520 --> 03:49:02.560
Hill, and Greenbar where I live. Um, really looking at the integrity of our sewer system and repairing it as needed. So, that that money is really well spent. A quick update, the tier garage will be part of a July 7th contract

817
03:49:02.560 --> 03:49:19.439
award. the top floor, top two floors will be closed. Um, and that will be sorted out uh on the affordable housing fund. Very quickly, I continue to work closely with Mayor Fagan and former councilwoman uh Dia Hamlet on the Mount

818
03:49:19.439 --> 03:49:36.319
Laurel committee, which is charged with execution of last year's affordable housing agreement. We spent most of our last meeting was just prior to the last council meeting uh really strategizing how to protect Summit from undesirable and unsustainable development. We've

819
03:49:36.319 --> 03:49:51.840
made some very difficult decisions to carry out the plan. Residents should know that we're working together to protect Summit from the loss of protection from even further unsustainable and undesirable development. If the judge determines that Summit is not moving forward with

820
03:49:51.840 --> 03:50:07.840
the execution of the agreed plan, we run a very serious risk of losing our protection from developers. One current proposal is to build a high tower. Sixstory tower has been announced previously on Summit Avenue at Broad

821
03:50:07.840 --> 03:50:25.439
Street with more density than any project that's ever been approved in Summit. The project would overshadow the Village Green. And if that project proceeds, the pro that could be just the start of further development as the new taller and bigger building establishes a

822
03:50:25.439 --> 03:50:42.080
precedent that could be difficult to reverse. So we're fighting that possibility. We're working together to ensure and I'm told by the attorney that our chances are very strong that we will succeed in that. Um so I'm going to not talk further here. It's been a long

823
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night. Um really appreciate everybody's attention. all of you out there online still watching. Um, uh, hope you hopefully you've had some popcorn to keep you going, but uh, thanks for everybody's attention and your participation. >> Thank you,

824
03:50:58.399 --> 03:51:13.279
Council Member Lucerena. >> Thank you, Council President. I'm sorry. I'll try to keep it very brief. Um, first again want to express gratitude to everyone who came out this evening and especially to those who have remained with us through the many hours. Uh and for those residents who expressed their

825
03:51:13.279 --> 03:51:29.520
concerns and and frustration around the noise pollution that's going on around Bristol Myers Whip, thank you very much for sharing your experience with us. This is something that that we can now take and do earnest work on. Um so again, we very much appreciate um you

826
03:51:29.520 --> 03:51:44.640
all coming out and and letting us know what's going on uh in your neighborhood on affordable housing to echo comments that have been made. We appreciate the continued feedback, the concerns that we're hearing about the proposed mechanisms from the round four plan. We

827
03:51:44.640 --> 03:52:00.560
we understand the pain points. Uh it's not a plan that some of us would have chosen, but it is the plan that we have. We want the round four plan to work better both for affordable housing and for submit. Um one area in particular

828
03:52:00.560 --> 03:52:16.000
that I've been focused on is the kind of worst case scenario cost analysis to the city. um and of what that financial picture looks like, what the potential burden would be for the taxpayer. Um unfortunately, under the prior council, that work was not done. So, we are

829
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working toward that analysis. Now, uh my very quick, this is this is a rough estimate admittedly. Uh my quick back of the envelope math is that a a worstcase cost analysis would be about $20 million. Um which is obviously a very

830
03:52:31.199 --> 03:52:46.960
significant investment that the city the city taxpayers would be bearing. Um, but we will certainly keep you all posted as as that work progresses. Um, and then finally, uh, I just wanted to share, so I we had the opportunity to take our family to Philadelphia this weekend as

831
03:52:46.960 --> 03:53:04.000
we're preparing to celebrate the 250th anniversary of America's founding. And we went to the site of one of Ben Franklin's homes where my daughter, interestingly, selected this compass as the, you know, take-home that that she wanted to uh to have us buy on her

832
03:53:04.000 --> 03:53:19.120
behalf. Uh, and when I told her before I left this evening that I was having some big feelings about coming to the meeting, uh, she scured away and gave me the compass and she said, "Take this in case you're feeling lost." >> Uh, and so as I was driving over, I was

833
03:53:19.120 --> 03:53:34.560
thinking about that and what what kind of the north point could be for Summit. Uh, and for me, I think for many of us, it's our shared values, right? We have so many shared values in this community. We want our excellent

834
03:53:34.560 --> 03:53:50.479
public schools. We want our green spaces. We want our beautiful downtown. We're grateful that we can, you know, shuttle off to New York and Philadelphia. We want uh, you know, community that comes together toward a common purpose. And we saw some of that tonight, right?

835
03:53:50.479 --> 03:54:07.040
That high level of engagement. We may disagree on the way that we get there, but we do have so many common goals. And it's essential to have that participation, that respectful descent and the productive dialogue, right? That is the the beating heart of this

836
03:54:07.040 --> 03:54:23.279
American experiment. Um so again, we express our gratitude and when we ground in those shared community values, that's when we get to a great result together. Thank you. >> Thank you. Um then I'm going to finish with just a few highlights in the second quarter.

837
03:54:23.279 --> 03:54:38.479
And I know I'm repeating what some of my fellow council members have said. Um, but there will be a more complete sort of wrap-up. Um, despite having the most challenging budget environment in recent memory, council unanimously passed a

838
03:54:38.479 --> 03:54:55.199
balanced budget that maintains city services and compared to many of our neighboring communities, we kept our property tax increase relatively low. Council's also p just passed the ordinances necessary to begin implementing our 2026 capital budget.

839
03:54:55.199 --> 03:55:10.800
We're going to buy a new fire truck. We'll buy four new police cars. We're going to revamp the water slide at the aquatic center and improve the baseball softball fields um in town. We'll complete the sidewalk projects on Ashland Road and elsewhere. And we'll

840
03:55:10.800 --> 03:55:26.479
rehab the tiered garage on Springfield Avenue. And we've moved forward with several playgrounds as council member Calmanson noted. Wash Washington phase 1 is open. Maybe about to. We've announced the new neighborhood playground downhill from the community center that's

841
03:55:26.479 --> 03:55:43.600
scheduled to open in the fall. We've brought back pop-up dog parks. We've staffed our city boards and commissions with highly qualified volunteers. Um making appointments without regard to political affiliation. You know, Summit, as as we've all acknowledged, Summit is

842
03:55:43.600 --> 03:55:59.359
blessed to have knowledgeable, dedicated residents who step up and volunteer. And if you haven't joined their ranks, I urge you to do so. Um, and with really sorry, I you my memory and I apologize.

843
03:55:59.359 --> 03:56:16.319
I meant to um mention that uh Megan Trindell, our communications person, and I um are working with Mark Ozarks and David Guido with DCP to do a face Facebook live. Look for more information, but it should be June 25th.

844
03:56:16.319 --> 03:56:31.760
>> Okay. Thank you. >> Sorry. Thank you. >> That's perfectly all right, Mayor. And um with that, I will entertain a motion to adjourn. >> Some moved. Second. >> All in favor? >> I.

845
03:56:31.760 --> 03:56:48.439
>> Any opposed? Stay quiet. Um, >> meeting is adjourned. Um, >> have we won't see you until after Junth and the 4th. So, enjoy the holidays. >> That's right. That's right.