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Good evening, East Brunswick. Welcome to the July I'm sorry, yes, July 27th, 2026 meeting of the township council. Um, we are going to do the pledge of allegiance and I'm going to ask everybody to remain standing for a moment of silence. Um

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this meeting we are going to honor a longtime um citizen of East Brunswick, Diane Hutchkins, who volunteered at the EldersGate Outreach Community Center. She was the executive director and her work ensured that our community members

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who needed food, who suffered from food insecurity, her work ensured that that uh was met. um she devoted countless hours and she was truly an extraordinary individual. So please remain standing

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after the pledge of allegiance. >> I pledge allegiance 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 justice for all. Thank you.

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>> Roll call, please. >> Council member Hall, >> here. >> Councilman Makavoy, >> here. >> Councilman Wendell, >> here. >> Councilwoman Winston, >> here. And Council President Zimbicki, >> here. >> Also present, Mayor Brad Cohen >> here. >> Administrator Joseph Kuscolo >> here.

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>> And Township Attorney Anthony Palumbit >> here. Joseph plummet. >> That's right. Adequate notice of this meeting has been provided as required under chapter 231 public law 1975 by specifying the time,

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date, location, and to the extent known the agenda by posting a copy on the bulletin board located in the main lobby of the East Brunswick Municipal Building, providing a copy to the Home News Tribune and the Asbury Park Press newspapers, posting a copy on the

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township's website, and by filing a copy in the office of the township clerk which will be entered into the minutes. >> Thank you. Can I have approval for resolution 26242 adopting the meeting minutes from July 13? >> So second. Thank you. Roll call, please.

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>> Councilman Bhal, >> yes. >> Councilman Makavoy, >> yes. >> Councilman Wendell, >> yes. >> Councilwoman Winston, >> abstain. >> And Council President Zimbicki, >> yes. Okay, we do not have any ordinances for second reading, so we're going to go

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directly to our reports. Mayor, >> thank you, Council President. A couple of uh quick items. As many of you know, I had a town hall meeting in order to explain and answer questions to the public about things that are going on in township that either they don't uh know

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about or may not know in in in the detail that uh that that we would want them to. So, uh, that was pretty well attended and recorded. So, if there's anybody that really would like to like to listen to that, they can go on to EBTV or the township website and view

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that. Um, as a little recap, short recap, um, one of the biggest items that people have been asking about in town now for four years, uh, is the Route 18 project that's being done. So, just wanted to update folks at the, uh,

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town hall. here as well uh that the state department of transportation is a state road. It's not a township road. It's completely their project. Um but after having met with them uh on another topic entirely, uh but one of the things

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we did ask them to answer was a update and a appeal to try to get that the roads opened as soon as possible. Um their response quote um they expect that by the end of the second week of August all lanes on Route 18 will be free flowing in all

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directions with the remaining pavement work to be completed at night and no operational impact to AM or PM rush. The only exception being a small area on Tyson's Lane which will be complete by the end of August. So, in essence, um

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they are committing in writing to having all lanes open by the end of the summer. So, that's that's good news. Uh also, the community arts center, many of you know that the township received grant money from the state of New Jersey uh to

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do an expansion. Uh that that project is slated to begin uh this uh fall, right after East Brunswick Day. That's completely paid for by the money that was obtained from the grant that was given to us by the state and we'll be

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primarily devoted to expanding the outdoor stage. um repitching the area so it's better seating, better lighting, better sound uh and um that uh we wanted to not start till till the fall and we

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wanted to give a enough time that they could complete the project before the end of the the year. So I we're we're being aggressive but we're hoping that that's the case. But uh that is no money coming out of general funds that's completely grant funded. Uh we also

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asked and the uh township's department of parks and recreation responded to requests from individuals in town who were upset that the pool the Crystal Springs was not open in the evening for people during the week. And that's true.

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It was a bunch of issues which made it difficult for them to be able to keep the pool open during the week up until 6:00 which for many people who don't want to go on a weekend uh because of it being so crowded but might want to go during the week really completely leaves

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out a lot of folks that don't get out of work till 5 6:00. So, um, we have several dates that are on the calendar where there's extended hours to 8:00 at night and maybe not all of the pool areas opened, um, but enough places for people to swim. And that's something

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that you could purchase for, uh, an at a individual night or for a package. also mentioned earlier that for those people that are um disappointed that they can no longer walk on the inside of the Brunswick Square Mall, let me remind

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everybody that is a private entity. Township does not own that. Uh so their work being done there um includes closure of the indoor mall and uh so for folks that were used to doing that early in the morning, a lot of seniors and

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others um there is the alternative of walking uh in the ice rink uh that has two full ranks and an upstairs mezzanine. If you walk that once, that's a third of a mile. Three times it's a mile. Um all you need to do is sign in

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when you get there. uh so that we know who's in the building and um and that's available to the public for free. And then finally, many of you know that this during the summer, actually um during the spring, we start our pavement program and u we are ahead of schedule,

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which is great. Um we do try to keep in mind the school schedule. So a lot of our bigger roads that are impacted by school buses, we will deliberately wait to do in the middle of the summer when school is closed. But those projects are underway and so far ahead of schedule.

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At the same time, there's also PSEG work. Many of you know that the the utility comes in and often has to replace some lines and in the process will often dig up parts of streets. Their commitment to the township when they do that is to return a road to at

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or better than the condition in which they found it. So if the road was pristine and just having been done, then that's what they have to give us back. If the road was terrible, um, they just need to make it a little better than terrible. They don't need to give us a

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brand new road every time they put in lines. There's a little jockeying that we do with PSEG because we know as a town that there's some water lines on roads that need to be replaced. So, if PH ENG is coming in and doing work, the town may take advantage of the fact that

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the road work is already being done to do water lines at the same time. So, we struggle a little bit with PSENG trying to create a situation where we don't finish a road and then come back in the following year to dig it up to do water

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lines. That would be pretty silly. Um, and obviously there's some county roads that were being done at the same time here in the town, most recently on Cranberry Road near where the chateau and the community arts center is. So, a lot of work going on, all being done by

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different people and different entities, but um all designed to make community life here in East Brunswick a lot uh a lot easier uh for the residents. So, that's uh my report this evening. Thank you. >> Mr. Chrisa, do you have a report?

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>> Uh no report. I think the mayor covered it all. >> Mr. Pomit, do you have a report? >> No report. Council President, >> thank you. Council members, anybody have a report >> um regarding redevelopment? Sorry. Thank you, council president. I just wanted to

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give an update regarding Gallery Green, which is the public space designated by Vermela um with in the development on Route 18 that's currently being built. The um people at Vermela expect a delivery date, a grand opening for that park in spring of 2027. We are calling

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it Gallery Green and that was a decision made with um public input headed up by the arts commission. That was the final name for the space there. And we did have a recent meeting. I met with the superintendent and uh Michelle de Grosa and we are moving forward with the um

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project for the schools, the art project and the art installation for the schools on the the big wall in the park. And there are upcoming meetings and it's really exciting. We're deciding what materials we can use. We're working with Romela with the the GC there to make it lasting and bright and beautiful and um

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it's good stuff. >> Yes, great news. >> Thank you. >> Very good. >> Anybody else have a report? >> Um just to expand a little bit on what the mayor said um for Crystal Springs, the evening that we did get right this week, which probably is going to be

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cancelled tomorrow, but it's the 28th and 30th and it's $10 and it's the front of the park only. So, the Kitty Pole, the Family Pole, the Brunswick Bay, and the Splash Park. But in August, there's six different dates that it's open for the evening. It's $15 and it is the

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entire park for um in August. So, we'll see how that goes. Hopefully, people take advantage of it. And you don't have to buy the tickets in advance. You can I think that's the big thing. You can purchase them at the gate. >> That's the only place you can purchase the evening. Yeah. Because people were

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double buying tickets and we don't want that. >> Yeah. We don't want Yes. So, that's that's great. So you can decide to come at the last minute, purchase your ticket right at the gate. Okay, perfect. Um, and TA clerk, do you have a report for us tonight? Sorry, >> nothing to report.

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>> All right, perfect. Um, public statement, please. The public comment portion of our meeting is to allow the public to bring to the council's attention their concerns or comments. In accordance with NJSA 10 col4-12A

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and the East Brunswick rules of council, the council asks the public to limit their comments to 5 minutes or less. At the conclusion of the statements or questions from a member of the public, the council president at her discretion

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may choose to respond or not respond. Thank you. Is there anybody from the public that would like to speak? Please come to the podium. Nobody. Okay, we'll close the public portion and we are moving on to um the consent

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agenda. Uh resolutions 26 243 through 26 252. Is there >> like to pull 247? >> Uh pull 247. So we're going to vote on everything but 247. May I have a motion?

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>> Motion to second. Thank you. And roll call, please. >> Council member Hall. >> Yes. >> Councilman Makavoy. Councilman Wendell? >> Yes. >> Councilwoman Winston? Yes. and Council President Zimbicki. >> Yes. All right. So, now we're going to

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go back to resolution 26247. Councilman Wendell. >> Yes. Um, seeing this on the agenda uh this past week gave me some some reason to pause and ask questions. Um, which I haven't done

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on Crystal Springs improvements in all the years I've been sitting up here. This year is the first year that we're using taxpayer funds to offset some of the expenses at Crystal Springs. And as such, I am concerned about $125,000

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expenditure to replace um two uh pool pump housings. Um, number one, having not seen an operating agenda

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as to the financial health of the facility this year, um, I would like to get deeper knowledge as to what account this money is coming from.

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while while the the uh CFO indicates that there's money in a certain account um what is that account earmarked for and as such why was it not used to offset the expenditures that were being funded

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by the taxpayers um number two and there was a a very big list that I sent to to the council president for for answers on Number two is is uh who is recommending

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this work be done? Um do we have a private consultant that that is making these recommendations to the parks department or is the parks department making these recommendations on their own based upon useful life or

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something else? Um I don't believe that there is a consultant that we have ever hired uh outside of the contractor that opens and closes the pool and handles a lot of

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the maintenance. Um and if that is the contractor that is suggesting this work, well that contractor was also a bidder. And while they weren't the low bidder, they were a bidder. So they're suggest if if if I'm correct, they're suggesting

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the work and bidding on it too, which calls out a big conflict in my mind um about the work getting done. Um another thing that I I mention on this is that it's definitely non-emergent

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work because we went through the RFP process. Had it been emerent work, we would have been sitting here with an invoice for the work looking for approval of an emergency expenditure. That being the case,

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why is this work got to get done before the end of this year? And why can't it be done at the beginning of next year? We have been told that Crystal Springs is retiring debt at the end of this year. As such,

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I would expect that there would be enough funds to cover this expense and not ask the taxpayers for additional money next year. Um, and if we knew this expense was coming, how long did we know

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this expense was coming for? Typically in years past, we used to get a capital list of all capital requests from the various department heads on on a

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>> on a uh annual basis for a period of five to 10 years out. We have not seen that in years. As such, we don't know what's coming down the road for additional capital requests for this. This is not listed as a capital request.

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This is listed ideally as maintenance because it's just coming out of the budget and it's not being funded through a capital uh bonding and and as such I I just think there's far too many questions and again there's many others

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that I asked um in my email to Council President Zimicki and you know to have these things put before us on on a Friday at 10:00 in the morning does not give us sufficient

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time to understand the nature of the repair. Um whether it needs to be replaced who's suggesting the replacement or can we repair these items? Can they last a couple of more years? If it's if it's a

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a repair that is being done based upon or a replacement that's being done based upon just useful life, I assume we're going through that on many other pieces of equipment. And as such, we should understand what those other pieces of equipment are and what the upcoming

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expenses are going to be. And we have none of that as council people. And we have no understanding as to what the the uh upcoming repairs or routine maintenance

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um or replacements based upon life are going to be. So I personally can't vote for this being >> Can I before you can >> Well, can I finish? >> Oh, I was just going to ask. Okay. Yes, absolutely. I apologize. I personally

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can't vote for this without understanding much deeper answers to my questions based upon the financial health of a facility and um you know where this money is coming from

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what account it is where it's been it's been sitting there for years why you know or did it just get placed in an account this year and if so I'd love to see us do this work next year if it's if it's

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completely necessary and ideally take the funds that were supporting this facility and at least offset them by this 125 the taxpayer funds that were supporting this facility and at least offset them by this

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$125,000 going back into the general fund and being used as a fund balance for next year for the for the overall funding. So at this point I can't support uh this expenditure until I know

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far more answers to the questions I have asked. >> Are you good? >> Yeah. >> All right. Thank you. So I just want to do a point of clarification on this. So thank you. Yes, we did speak yesterday afternoon. I did spend a good portion of the day tracking down as many answers as

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I could possibly track down. And on January 27th, well, first of all, let me back up. This resolution is for the installation of the two um filter body tanks at Crystal Springs. So, it's for

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the installation. On January 27th, 2025, this council voted on a resolution to purchase two filter systems that were on a rotation list of things that needed to be replaced. These were put in in 1994

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and they have been running for 33 seasons. The average life of these particular um filter pump systems are 25 to 30 years old. So, the company um the company that we purchased the the

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systems from um and we approved back in January of 2025 were impressed at the care that these had in order to get them to go 33 years. And it is to the my understanding um and I just spoke with

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John Ro shortly ago um to ask him to explain to me if this is something that could wait and there's two points here. So it's rusting from the inside out. The tanks are no longer able to they're not

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their shelf life is it's it's imminent. The other thing is this resolution from January 27, 2025 when we purchased to when we agreed to purchase these, we have them. They are literally I drove over today. They're literally sitting in

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the parking lot on skids in wooden boxes. Um, so this is just for and and and just another point of clarification, when we purchase those two filter pump systems, that's going to do the entire Crystal Springs waterpark. So they're

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they're very large commercial systems and it was charged against the pool utility. So those were purchased through the pool utility. So I understand your concerns. Um but this is to install them and yes it is coming out of the capital

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our capital reserve that we capital reserve that we have to make this installation and the goal is they wanted to do it sooner because they were worried about this year but unfortunately there was a backup on getting this particular these two particular

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pole filtration systems and so they arrived once the season started this year. So that's part of the problem. Um, and they were they're just praying that they make it through the season. And the goal is to actually do the installation as soon as they're able to close because

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the park would have to be closed. And I asked why and it's naturally they have to drain um the poles in order to um be able to to install this. So, we're looking at an installation um that we again that we already approved. I

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understand your concerns. We certainly can address those. um some of those um going forward as far as seeing an operating agenda for Crystal Springs and taking a look at it. I think that's something important at the end of this season to look at because I don't think

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we're going to get a full picture. But I will tell you we had over 2,000 um guests this weekend at Crystal Springs, which was awesome to hear. And that has been um the past few weekends they said that has generally been um what they've

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been experiencing. Um, but we can definitely get take a look at an operating agenda. We definitely can take a look at their list of um their rotational list of improvements that they're looking to do. So, we can definitely 100% get that in the future.

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But I am recommending that we move forward on this because we have the pump sitting in the parking lot. >> Who did we buy the pumps from? >> Uh, let's see. Um, it came from the interlocal purchasing system, national cooperative pricing. I So,

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>> and who who originally was the the the person that suggested this work be done? >> So, my understanding that this that we have people that you know certainly are people in our aquatic system. I believe Keith Kip is also a person that looks at

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some of this if I am correct. Right. >> Is he a certified pool operator? Well, once again, these this was 33 seasons and it's only supposed to go >> a certified pool operator to make these recommendations. >> I I do not know that. >> Um, but we can certainly take a look at

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that. We also are trying to >> We have people I think that that have been running Crystal Springs is going to be 40 years old in 1988. It has been running >> under the control of our township employees with some advice from

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different companies that we hire. >> Yeah, I think it's a combination of the people that work there all the time recognizing problems that have been occurring with the the pool uh and the utility. They recommend regularly upkeep

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that part becomes part of the capital budget for the the um for the pool. We don't approve everything every year as you know. We do. >> No, no, we don't because we don't get to see a capital request from the departments.

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>> Yes, you do. >> Not not their long-term capital requests. >> So, the true and if you want that in the future, you're more than welcome to have that. But there's a five-year plan that the town a roving five-year program because as we finish one year, we just add a new one. Um, and we do that with

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every department and every utility. Um, and get what gets recommended to the township council is the ones that we're recommending for that year. If you want to look at the five-year plan, you could look at that any time. But I remind you that you approved this >> in January. You approved the purchase of

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it. So, right now, again, we're looking to install it. It's sitting in the parking lot. >> The approval was prior to the taxpayers funding Crystal Springs. >> It's in the parking lot. >> Sitting there now.

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>> So, why can't it be done in February? >> What's the difference? >> What What What is the difference that you're >> This is next year's budget and we can, >> you know, try to offset, >> you know, why do we have Are you

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concerned about having >> those systems that potentially I when we voted on this they could not exceed $220,455. I would be concerned about having them sitting in a parking lot. Right. I'm concerned about them sitting in the parking lot right now. >> Once the season's closed, we'll put them

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inside the gates. We've made a commitment to looking at the financials of the community of the of the pool utility which we intend to look at um as soon as this season closes when we could have another full year of of um data

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points for for the finances. I've made a very clear uh discussion with with all the members of council that in the uh initial financials that we've we've looked at, it seems like the most important and critical factors to the

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pool's sustainability is getting rid of the debt, which one of the two uh sources of debt, as you said before, ends this year, and then uh weather, which we absolutely have no ability to

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control. Um but again on this particular item um if you want to talk about how we're going to look at financing the pool going forward that I think it's a great discussion. We decided we were going to do that a long time ago when we recognized that this was the first year

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actually the second year that the township had to dip into general funds to manage keeping the pool solvent. Not by a lot but we had to do it and that's why it was important to make the public aware. But it doesn't change the fact

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that this is a um a critical piece to keep the pool running becomes a moot point if you can't operate the pools. >> Can you give me some ideas as to or give me some specifics as to what other equipment we have replaced to

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date over the past recent years that was beyond its useful life? >> I don't have that. I mean that you're asking me for data on the pool utility. I could get someone here to answer that. We have done some things. And there's

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actually uh other parts of the uh park that need to be looked at like the slides that are also probably beyond its useful life. >> Brunswick Bay. >> Um one of the the what's Brunswick Bay? I thought that was >> that's the old one. Sapphire, but now

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it's called Brunswick Bay. >> Now it's called Brunswick Bay. That needs to be resurfaced. Yeah, >> that that's one of them one of them is fairly new maybe within the past 12 years. The other two were resurfaced at the time that we built the new platform and all of that. And didn't we approve

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resurfacing them this year as an expenditure? We approved something to be done to the slides in the capital. >> I don't think so. >> No. in the lazy river. We resurfaced stuff in the lazy river, but Brunswick Bay is definitely

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>> there was some kind of resurfacing >> lazy river. Um but but the the other pool Brunswick Bay desperately needs it. So these are the things we have to decide as a uh township. There's ongoing expenses to maintain the this type of

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utility and we want to try to do it in a way that does go back to what it used to be which is that it doesn't cost the taxpayers money >> and we were running at a surplus for many years. >> Right. It was co >> co is the issue, right? And and once

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this debt is paid off in December 31st, I hope >> that we see a positive flow. >> And we also want to look at that programming and scheduling hours that allows for maximiz maximizing the usage of the park and to bring in new um

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features that bring bring people to the park. We have to keep remembering it's not just a pool. And when other people talk to us about the price to come to to Crystal Springs, it's not fair to compare it to another um recreational

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pool. This is a park and like most parks, we want to keep it vibrant and new uh and try to create uh an excitement about something new to come to. All of which in increases hopefully the number of people using it and

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maximizes the income coming in so that we don't have to go to the residents uh like we had to this year and the year before. And again, I want to remind folks that we did not it wasn't a lot of money, but because we had to do it at all, it became a requirement. We would

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still like to know if if Aquatic Services is one of the one of the vendors or one of the people that are advising us on on replacement and repair of equipment and then bidding on the work themselves

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because I think that is a conflict of interest when they become a bidder in work that they're making, you know, giving us advice on. So >> I will I will I have a list of things written down. I will make sure that I

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>> I know they've worked for us for years, but you know when we >> you know have a I mean they were $175,000 or so and you know we are at $125,000 up with this current 144 almost 145. Yeah.

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>> Yeah. Um, >> so I will definitely get a list of uh I will provide this list to get you answers for this many questions that you've had >> and and if if we don't have an independent consultant which aquatic services is not independent because they

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work for us I would suggest that we seek one especially as the facility is coming to is is aging. You know, maybe we need a a a set of eyes to look at

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this facility, to understand what the more emergent repairs are, more so than just hearing it from a vendor that works at the pool. >> Okay. >> That's another expense to the pool, by

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the way. >> It is. >> What's it going to be? >> We can discuss. I'm just saying that uh >> uh just keep in mind we could do everything. You could multiply that times every time we go out to bid on everything to get consultants to tell you whether or not any work that any of

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the professionals that you have working for you that you pay to have giving you people that are working here are not professionals and if you don't trust hiring consultants to >> double check what they have. I mean it's it's a point at which it gets to be

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>> cumbersome. Why don't we look at getting answers to some of these and then we can take a look at that. Right now we have this resolution >> on the table with filtration systems that we did purchase. >> Um so I am going to ask that we move

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forward and does anybody have a motion to accept? >> Motion to move and accept the resolution 26 hyphen 247. >> Second. >> Roll call please. Council member Hall. >> Yes. >> Councilman Makavoy. Yes. >> Councilman Wendell. >> Yes. >> Councilwoman Winston? Yes. >> And council president Zimbicki.

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>> Yes. >> Okay. Thank you. Um, moving on to ordinances. We have two ordinances for introduction today. The first one is 2621. Miss L, could you please? Yes.

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An ordinance of the Township of East Brunswick, County of Middle Sex, State of New Jersey, amended chapter 228, zoning of the T of the code of the township of East Brunswick to amend 228-3 definitions and word usage to add a

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definition for data center and to amend 228-229.4 four prohibited uses to designate data centers as prohibited use within all commercial, business, and industrial zoning districts of the township of East

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Brunswick. >> Okay, just a a point of I guess history about this ordinance. So, we know right now data centers are the big buzz. There's tonight watching the news, the one in Ohio that they're looking to build. I mean, it's all over and around

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us. It's all over. Um, so what we're looking to do with this ordinance is to sort of put a pause on this until state regulations and legislation catches up. In May of 2026, um, Governor Cheryl put a comprehensive

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plan together for data centers. And one of the reasons that she did that was the concern that they are the biggest drivers of energy cost in New Jersey right now. Um, so she wanted a plan to tackle it holistically and not in little

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pieces. And part of the approach was to harness investment and lower costs for taxpayers, rateayers, but still focus on the importance of AI and the future. We know that that's where we're going. That

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she was looking to build some guard rails for this. And then in uh July she passed um legislation and the legislation is basically to give broader affordability

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um and efforts in lowering energy costs for New Jersey. And with that the idea was to make sure that the data centers would be not be a burden on taxpayers and also to look at clean energy. Um so

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there is legislation that is currently you know going to be also upcoming with this because again it's a comprehensive plan that she put into place. So, this is just step one and the philosophy is let's let the legislation, let's see what happens with this legislation, but

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in the meantime in East Brunswick, take a pause on this. Um, and we always can, we always can re-examine and repeal um an ordinance should we choose to. Um, so that was the the background for this ordinance.

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Council >> President. Yes. Mhm. >> Um not saying I am necessarily for or against the data center um movement here and you

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know um I do have many many questions um as it relates most as it relates to our ordinance and others how it relates to the definition. Um we reference in our

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ordinance um that it po that data centers pose significant challenges related to electricity consumption, noise, air quality, water use, community character, and long-term municipal planning

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objectives. Now, that's what is said in the ordinance. What kind of reference and data do we have to back up that statement within the ordinance? Is there anything concrete that can be

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used as a reference to back up that statement? Because I if there isn't anything concrete to reference, it shouldn't be listed as a reason to ban these

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as part of the ordinance. So, so council, yes, councilman. Um, the idea here is that we don't have information, right? The idea is there's a lot of uncertainty surrounding data centers and the eventual impact and what

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we're trying to do is let the state plan get ahead of us before we start allowing data centers in the township. Well, >> so the idea is to allow and I just want to point something out and and council president did a good job of summarizing

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what the governor is trying to do, but one of the the major goals of this comprehensive plan is to give municipalities some bargaining power and the ability to negotiate from a position of power. So,

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we're trying to let the state plan catch up to the current realities before we allow data centers to come into. >> Yeah. What I'm getting at is there's nothing hard and fast on here that indicates that these items

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may or may not be true. Maybe >> number the other item I have is as I've been told from others uh the council president and I think even maybe the mayor that currently as per our zoning that we have in place

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there is no usable land within the town that we can build that that a developer can build a data center on. Is that true? There's no >> it's all built out >> unless a develop unless an owner of

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property were to um >> demolish >> demolish then right the likelihood is that that's possible data centers now there's all types there's big ones there's small data centers that might not need the same amount of uh land >> you bring up you bring up a good point a

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point that I was going to make later on but we have no indication within this um ordinance or within the definition to indicate

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what the size of a data center would or would not be. I am sure this building here that we're sitting in has upwards of 20 computer servers in it. Now, there is nothing in this ordinance or definition that defines the

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size. So, this building could be defined as a data center. having 20 computer servers s storing data. The only re the only cloud storage that most businesses have is backup

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cloud storage. You can go to most businesses down they have several servers. The research that I've done indicates that data centers are um based upon are sized based upon

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either terabytes of storage or the necessary kilovolts of electricity required for them to operate. And that's a national standard. We don't refer to any of that anywhere. So we're not we're not putting a low

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ceiling on what is not a data center. We are just saying a data center can be anything that stores data. you know, as such, I think that again,

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we're open to uh litigation without defining at least a basement floor for what constitutes a data center. You know, in

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addition, we refer to data centers may require substantial continuous volumes of water. Well, data centers 10 years ago were built without water cooling. They were all air cooled.

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So, if someone was someone was to build an aircooled data center, would that be exempted from the ordinance? Don't look at me. >> What's that? >> Don't look at me. >> Well, I don't know. I mean, you know,

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>> so so I I will point out that there's within the definition, it talks about typical accessory components >> that >> talks about what >> typical accessory components of a data data center. It's the last sentence of the first paragraph where it talks about the different aspects of of the

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different accessory components that would really qualify these things as a data center. We're talking about transformers, electrical substations, environmental controls, fire suppression systems, generators, redundant power supplies, security facilities. Um, okay. So, how does our municipal complex not

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fit that? We have generators, we have electrical substations, fire suppression, fire alarm. And listen, I'm not saying not to do it.

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I'm saying that it needs to be much more tightly defined. You know, I think that we're jumping the gun by doing it, especially when currently nobody

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nobody can build one of these facilities in town. But I think without defining this and adding within the the the ordinance much more

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um definable and defendable positions on the ordinance. I mean we we we go into one section where we say that it raises concerns regarding possibility of

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increased energy cost for taxpayers. What is the the background on that? How does how does a user that would need a will serve letter which means that they there's enough power within the grid to

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build a facility. How would they affect the rates of the adjacent rateayers? >> So, council president, if I may quickly, so so if you look to the following paragraph in that definition, just just

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quickly, it talks about how it's intended to be construed broadly, but it's facilities whose primary purpose is housing these things. The municipal complex wouldn't fall within that definition, right? The primary purpose

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of the municipal complex is to run the municipal government. >> Well, what about office buildings >> would be for I mean I could >> that would be for office space, right? >> Well, not necessarily. Maybe it's a

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maybe it's a computer company. >> I can look at it again if you want. Yeah I just think the key thing primary the primary purpose of a data center is to store data not to occupy office space not to like >> it's it's to store it's to be a data

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warehouse >> and it talks about hypers scale facilities collocation facilities cloud computing infrastructure cryptocurrency mining operations artificial intelligence processing we're talking about largecale data draining right like

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>> I point out fire alarm companies that house all the data for every alarm system they monitor. Now they're housing primarily data and then as a call center

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making phone calls out should there be >> that's their primary purpose though. might be doing that. But that's >> yeah, they're they're monitoring the calls and you know, >> but their primary purpose is to store that data, too, so they can refer back

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to it should there be should there be an incident in one of the the buildings that they monitor. You know, I just I just think we're we're rushing into this and we should take time to make

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this ironclad so that somebody can't shoot holes in it and I think there's a lot of holes that can be shot. >> Well, I would say this was also looked at by our professional legal staff as well.

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>> I understand that. I I I am going to tell you that I think maybe they should have brought in a professional that has much more knowledge in in defining what these places are and understanding

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a little bit better how to protect against them. I mean, you know, we we refer to water all the time in here when it can be built as an aircooled substation. It can be built on the Raritan River and use

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use water from the Raritan River just um as a you know through a heat exchanger and not necessarily affect usage for rateayers. You know we're not >> I think that's also one of the things

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that they're trying to avoid is using fresh water like that but to use gray water and whatnot as part of >> I mean we're talking about salt water brackish water but But um it's not drinkable. It's not portable. Um but but

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what I'm getting at is um we're not taking into account if we're going to do this, we need to take into account as many items as possible and not pigeon hole ourselves into

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what we're doing here. And I I'm not saying that I won't support it. I think it needs more work. I think, you know, having our legal team work on this for another two weeks. Um, and trying to get it nailed down maybe with

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other municipalities outside of the state or outside of, you know, the region to understand. I mean, I know West Virginia is going through a lot of uh fighting with data centers and they

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are banning them in certain locations and as such maybe we need to speak to people in West Virginia and see what they're doing. Um, you know, I I just I'm not comfortable with the way it stands right now. And the other thing I

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would love to see on this is a sunset clause. >> I might be speaking out of term, but I don't believe that that is something we can do is put a sunset clause. That right. >> No. Yeah. A violation. >> That would be a violation. So this was

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looked at. It was looked at and there can't be like an 18month or 24 month. >> You can't put a temporary pause on that. So that was looked at extensively by our >> Can you do that some other way other than ordinance? >> I mean, is there some other avenue to do

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that? And um just, you know, >> I I would have to look into it. That's a good question, but I'd have to look into that. I don't I can't tell you off the top of my head. And don't get me wrong, I think by ordinance is probably the best way to do it. But, you know, if there was another way to have a sunset clause

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on a restriction like this, it gives us the ability to, you know, it kind of sets timeline and sets an alarm for us to look at this again in 18 months or two years rather than having to.

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So that's something that I was saying at the beginning that this or an ordinance can be repealed at any point in time as as legislation catches up with this issue. We could go back and re-evaluate and then we could choose to repeal it. We could choose to repeal it

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>> and make a new one and change it. We could I mean there's a lot of options that we could do with that that would be within the >> within the legal perimeters of what of the law. Right. My whole thing about a sunset clause is it it's a ticking clock where you know it kind of gives you a

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>> but we can't do it. It's it's >> listen I mean >> that's all I have. >> Anybody else have any comments? >> Mr. Makavoy. When the Voting Rights Act of 1965 was passed,

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Lynden Johnson was heard saying, "It's like grandma's house coat. It covers everything." That's what this is, Joe. And thank you for the work you did to put this together because it covers everything.

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A recent Gallup poll survey found that 74% of Americans oppose the construction of data centers in their local communities, reflecting growing concerns over the

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rapid expansion of AI infrastructure data centers. Residents cited worries about electricity demands, water consumption, noise from cooling equipment and diesel

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backup generators, rising utility costs, and probably the most important, declining property values across the entire United States. Se several multibillion dollar

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data centers have already faced lawsuits, permit delays, or cancellations following township and municipal opposition.

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I'm surely not in favor of a territorial moratorum, nor the New Jersey governor at this particular time. I am opposed now and forever here in East Brunswick and we'll be casting my

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vote in the positive for ordinance 26 hyphen 21. Thank you, Council President. >> Anyone else have any commentary on this? No. Okay. So, for ordinance 2621, do I have a

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motion? >> Move to to approve. Thank you. Second. >> Roll call, please. >> Councilman Bohol, >> yes. >> Councilman Makavoy, >> yes. >> Councilman Wendell, >> no. >> Councilwoman Winston, >> yes. >> And Council President Zimbicki,

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>> yes. Um, we have a second ordinance for first reading. That would be 2622, Miss Laugh, please. Thank you. An ordinance amended chapter 218 of the code of the township of East Brunswick

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entitled water to establish mandatory water meter and advanced meter and infrastructure replacement customer access requirements and enforcement procedures. Thank you. So these are our water meters that for about 5 years we've been asking everybody to replace.

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Um we're down to about 1,600 homes that still have to replace that. and after numerous notices going out that still has not occurred. Um so we need to we need to somehow figure out how we're going to enforce this and part of the

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enforcement is a fine with um your quarterly um water bill um until it's replaced. Um, any council commentary questions before >> the fine would require a specific

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ordinance to be changed or added. >> That's what this is for. >> That's what this is. >> Oh, this is adding it a fine. >> The fine. That's what this is for. >> This is uh similar what they've done in neighboring towns uh in order to get

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the project to completion. Um, also some neighboring towns also put in there if you don't do it after a certain period of time that they will uh build a meter pit out near the roadway where the line comes in and sink it down and and then

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put a lean on the property to pay for the the meter pit uh creation and installation. But we've been trying to get this done for the better part of about five years and you know we made a lot of headway but we you know after

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letter after letter after letter to to residents to get their meter replaced. Um we're getting very few calls. Um, a lot of times people are calling in for their final reading for their homes and we need to go out there because some of

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the meters are 18, 20 years old and they're running um uh they're not recording or transmitting the proper data to the township for bill payment. So, it's not fair to the rateayer um

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that's basically, you know, picking up the difference there until we can get a final read. Um, I use uh Dan Losk's uh uh line. We want uh Goldilocks pricing. We want Goldilocks usage. We don't want

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to charge you too much and we don't want to charge you too little. We want to charge you what is right. And um Joe Joe's helped me and Anthony and his legal office. We have some industrial sites that had gotten estimates for four

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or five years. And then when we, you know, able to get a read and we send them the bill based upon today's rates that, you know, they want to negotiate because the price of water went up. Believe it or not, we did that ordinance five years ago and we've we've taken it

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um rate increases from Middle Sex Water for the better part of that. So, you know, in doing so, we're not keeping up with uh with what we need to do to be fair to all our rate players, all our residents, and all our businesses. We

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like to um you know, keep the technology moving. We we thought we'd have this done probably three years ago, >> but other towns experienced the same problem. >> It's a quick and simple process, too. I think it took like 15 minutes, >> right, >> um to have it changed out. >> And at this particular time, we're going

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to do it with our own staff. the company that we uh were contracted to, there's not enough calls to keep them busy up here. So, people aren't getting dates in the near future. So, once this gets enacted, we start sending out the final letters and explaining to people that if

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you don't do this, there will be a fee on top of your bill for not doing it. Um, we are going to utilize the men and women that work in the uh water utility and sewer utility to make it as simple as possible for the residents to be done

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at nights on Saturdays or whenever it's convenient for them. We just want to finish the project. This is important. We're still paying uh meter readers to go out and read meters. It's it's archaic >> really and it and we need to get over

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the finish line um to get this done. So I appreciate your support on this. >> Ju just a question for posterity I guess but you go back 40 or more years ago we did not have remotes on houses. We did not have anything

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um meter readers were out all the time be it for water or you know gas or what have you. And I remember him coming into my house as a child all the time. Um, life has changed dramatically.

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Um, when when do you see that this change really occurred, Joe, that I mean, is it just since the twoerson household is now working or >> you know? >> Well, I mean, technology changed. This

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this roll out started in the 90s for some municipalities. Mhm. >> Um you you know to to get to your house and I would I would concur. You know I'm old. Um you know my mom worked at J C

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Penney at night. She didn't you know so she was home. So when the media reader came they let the person in the house. People are very apprehensive about letting nobody in their house >> which I understand. >> People are you know that's why you know the power companies have moved their meters outside. the gas companies have

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move starting to move their meters outside more and more throughout the town. Um I know where I live, they're all outside. My meter has been changed by the uh utility company probably nine

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or 10 years ago they did this. So it's important and you're right the shift is because you know two two people working and certainly people don't want to let people enter their house. I didn't even think of people being concerned about allowing,

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you know, strangers in their house even if they've got an ID and all of that, but you know, it's a different world today. Yes. Couple of things is that the uh bill when you get your bill, it always tells you to check your if you don't want people to go in your house, but they always tell you on that bill

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that you should check that meter reading against the number in the basement, which is the accurate number, not the one on the side of your house, which is the only thing we could get if you're not letting us in your house. >> And if people haven't let us in the house >> year after year after year, um there's a

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possibility that that number could vary from what the actual reading is. uh as we look at the 1,600 that are remaining um primarily uh people in HOAs where a lot of those properties are owned by someone else and it's being rented out

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that becomes a problem because the bill may go to the person who's actually renting it versus not the owner. So it just gets thrown out. Uh and then there's uh the possibility that some people may simply be scared off by the few people that ended up getting some very large

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bills because there was that much of a discrepancy between what their meter was reading and what the um actual meeting was in in the basement. And um uh and I'm sure that was fodder for a lot of social media and it scares people. But

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when we look at the number of people that actually had bills that were really large bills that um where that was a large discrepancy like that. If you look at that number over the denominator of

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homes for which we went and changed meters and heard nothing, it's a dimminimous percentage. I think they spoke louder, right? You didn't hear people complaining when they ended up getting a refund because the meter on the outside was actually going slower

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than the meter on the inside, faster than the meter on the inside. So, they actually were overpaying. You didn't hear them complain. Um, they got refunds. >> Yeah, there was a big outcry in on social media when >> I think it's a fear. Um, but but I but it was a handful of people really really

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small for the size town we have and the number of meters that were changed. Uh so I think that the 1,600 that remain I I'm hoping that uh they get over that. I'm sure that the um uh this is going to be a boost to get them to to get that

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done. When we were changing out larger meters like 2inch meters and such, I mean that's that's a very large expense for the municipality to be buying brand new 2inch meters. I mean, aside from the 3/4 inch meters that are in typically

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every household, 2 in meters and larger are grossly expensive. >> Mhm. >> And the town the town has accepted all of that expense and not >> Yeah. We >> the water utility. >> The water utility. Yeah.

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>> But two, as you know, um meters that are 40 years old, the old technology is a little flywheel in there that spins. Well, that little fly whale is going to wear down. So, you could be utilizing more water um and not having to pay for

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it. So, you know, part of it, too, is we just want to charge whoever is using the water >> the proper rate and it's not there just because the meter is 40 years old and that little wheel is moving very slow. It's It's not capturing all the water

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that that individual is using, which means everybody else in the town is paying for their water. It's not fair. >> Yeah. >> Is there any other commentary from council on this? >> So, I need a motion. >> So, move

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>> and second. >> Second. >> Roll call, please. >> Council member Hall. >> Yes. >> Councilman Mackaoy. >> Yes. >> Councilman Wendell? >> Yes. Councilwoman Winston. >> Yes. >> And Council President Simbiggy. >> Yes.

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>> Thank you. Um for the good of the cause, Council, anybody have anything they'd like to share? >> Um I do have a story that I think is and ironically it does deal with Crystal Springs, but the World Cup was obviously in our area and I thought it was very

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interesting. a family, a group of families actually were visiting Crystal Springs and they were from Belgium >> and they when they came over to, you know, participate in the World Cup, they did a Google search and looked for interesting places to visit and one of

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the top places that came up was Crystal Springs Water Park right here in East Brunswick. So, they came with uh multiple families and spent the day and they enjoyed every minute of it. They said it was amazing. Um because I know everybody was concerned like I hope this, you know, lives up to their

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expectations and it did. So I think that's just another, you know, great, you know, Belgium. They all the way from Belgium and they know about Crystal Crystal Springs here in East Brunswick. So just wanted to share that story. >> That's tremendous. >> Very cool story, right? >> It's good. Yeah.

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>> All right. May I have a voice vote to adjourn? >> So move, >> please. >> Oh, sorry. For a second. Yes. And a voice vote to adjurnn. Hi. Okay, thank you. Good night, East Brunswick. We'll see you >> next time.