##VIDEO ID:JYE-cf_ftZM## all right good evening everybody Welcome to our first meeting of the year it's nice to have everybody I'm going to read the statement of compliance this meeting is being held in accordance with the open Public's meeting act an adequate notice of this meeting has been provided as required by law specifically the annual notice was emailed to the West tribun in Star Ledger on January 3rd 2025 and a 48 hour notice was emailed to the West essic tribun in Star Ledger on January 8 2025 the agenda and resolutions for this meetings are available at www.livingstonandj.org certain portions of the meeting may be closed to the public for the purpose of personnel and or matters as outlined in the Sunshine Law decisions made and or discussed in closed sessions will be made known to the public at a later time notice to the members of the governing body and Township staff any use of electronic devices during this meeting shall be used solely for the purpose of Township business and any Communications are subject to the open public records act to the extent possible this evening's Township of Livingston council meeting will be live streamed via Facebook at facebook.com Livingston Township NJ questions or comments will be accepted by emailing live comments by Livingston nj.org by 4M on the day of the meeting each speaker should follow the rules of order in Livingston code 2 d15.3 roll call please council member Anthony here bbon here Viera present Deputy Mayor Klein here mayor mhart I am here we're going to rise for a moment of Silent before the pledge As We rise this evening we think of certainly all of the people on the west coast in LA and surrounding areas who have been affected by these horrible fires uh loss of life and a lot of loss of damage as well and we certainly think and pray for them and their families the flag of the United States of America to the Republic for which it stands na all right I do not see Eileen Fishman from the county with any updates Sean doesn't see it either because he's the eye he's the eye doctor yeah he's the eye doctor Sean doesn't see it it's fine okay so that being said we will go to the presentations we have the LCA talking about the Livingston Chinese culture so the microphone and the floor is all of yours whoever would like to speak it's up you you have the floor there's a microphone over yeah there's a microphone right over here on the other side can you come inside turn it down hello yeah got it yeah let's be here good evening good evening mayor of myard um councilman and ladies and gentlemen uh I'm Shia my name is Haan and I'm the president of Livingston Chinese Association and my name is Hong Yan I'm the chairwoman of the Livingston Chinese Association we are here honored to be here to share with you the story of the Livingston Chinese culture day L CCT as far as we know the first immigrant family with Chinese Heritage settled in Livingston about 70 years ago today there are more than 1500 Chinese families or families with Chinese Heritage call this beautiful town our home um the Chinese New Year is the most important holiday for people of Chinese Heritage in 2002 the Livingston Chinese Community came together to organize the very first Livingston Chinese culture Day this year marks our 23rd l CCD celebration a testament to our community is dedication to preserving and sharing our Rich culture and traditions 23rd yeah each year the four pillar organizations of the Livingston Chinese Community join forces with the Livingston high school Chinese language program to proudly showcase our heritage those pillar um go organizations are thank you the Chinese high school I'm sorry the Livingston high school Chinese uh language program we have Mrs Tai with us would you stand thank you the living Stone Christian church we has Mr yoin Le with us thank you the Livingston Chinese school that teaches the traditional Chinese Strokes we have former principal Mrs Shang here thank you and we have the Chinese HHA Chinese school that teaches simplified Chinese Strokes we have principal Dan Juan and Mrs Maggie son with us tonight thank you Mrs Maggie will be our uh hostess at the um event and last um but not least our Chinese um Livingston Chinese Association we have a board member Fang gong and Gloria her with us thank thank you and also we have our lifetime honorable me board member George with us yes and we have our distinguished uh musician Miss yanin with us and I'm sure some of you have already saw her performance in a mid uh mid uh Autumn Festival concert this wonderful this wonderful cultureal event would not be possible without the the wholehearted support of the Livingston Community from the Town Council and Board of Education to the fight Department police department First Responders and con list the other organizations your unwavering support has made every lccd a success for this we are deeply grateful this year we are th to announce a significant milestone for the first time our celebration will be open to the entire Livingston Community the event will take place on Saturday February the 1st at the Livingston high school wellness and fitness center we warmly invite everyone to join us as we welcome the year of the snake with joy unity and a cultural Pride um the 2025 Livingston ch Chinese culture Day offers an exciting nup of activities for all ages bring our community together to celebrate Chinese culture beginning in the afternoon we will host meow that's Chinese for cultural Fair uh from 1:30 to 5:30 at the high school Fitness and Wellness Center the fair is free to attend and features traditional Chinese arts and crafts delicious treats like sugar paintings candied fruit roasted nuts and milk tea there will be children's activities including a inflable castle and fun games with free prizes we also have handmade goods and cultural souvenirs available for purchase around 3:30 enjoy captivating performances including traditional dances nine dances martial arts Chinese instrumental music and vocal performances and also we are bringing some a me mesmerizing facing changing face changing performance um and also there will be speeches by special guests around 4 p.m. followed by a ribon cutting ceremony we extend our gratitude uh to assem woman Rosie boli and other council members for their attendance and supports starting at 2 p.m. food trucks and snack tables will be on site offering a wide variety of meals and treats for attendees we encourage everyone to bring cash although some of them will accept credit uh credit card payments or online payments another highlight of the day will be the evening Gala performance held in the Livingston High School auditorium from 6:30 to 8:30 uh this carefully curated program invites the entire Livingston Community to immerse themselves in brilliant traditions and autistry of Chinese culture together let's celebrate the year of the snake with joy and unity we would like to express our heartfelt thanks to everyone who has supported our LCD lccd over the years your encouragement and participation have made this invent a cherished tradition in our community thank you to all of you for joining us tonight and for your continued support we hope to see you on February 1st 2025 at Livingston high school let's celebrate the year of snake together and make this year's Livingston Chinese culture day Unforgettable thank you so I so I'd like to thank uh everyone for coming and for certainly the uh the lovely um explanation and description of the events and obviously wish you a very successful uh event we'll take a picture in a second yeah we'll come we'll take a picture with everybody um I just um just personally I just I think i' had written to Fong that I am out of town that weekend with my wife I will not I will not be able to make it I'm leaving on Wednesday I know Deputy Mayor Klein and councilman Vieira and councilman Anthony and councilman bhani will be representing me so if I don't have a chance to before that I want to wish everybody a Kung F Choy uh early it's an early Kung he F Choy I know that but I won't be there on the first I want to wish everybody that as well and I also just wanted to thank you very much because you have opened up your culture and your schools to the community as well and so that's really what Livingston is all about we talk about this very very often uh here from the day and at meetings everywhere we go the diversity that we have of cultures here in this town and personally I love learning from all the cultures and diversities um that we have and so we really want to thank you for bringing this to our town and to being so um um uh all over the town just being very present I should say in all the activities as well so thank you very much I think I think if it's okay with you we'd like to take a picture with all of you so we can put I know I know the tribunes here all take a picture with everybody e e e e come e yes oh yeah I saw the second all right thank you very much um so so Eileen Fishman we had so Eileen we had a vote even though you're a couple of minutes after your thing we had a vote and you still won so we'd love to hear from you and a happy and healthy New Year I to you and your family Happ thank you and congratulations to all of who I was at uh your swearing in and it was really very lovely thank you for inviting me um on behalf of uh Joe D um our County exec or Joseph D vinchenzo our County Executive um I'm here to give you some information about what's going on around the County due to the continuing cold weather code blue has been extended until the 18th of January at 8:00 a.m. um the nighttime hours uh are considered 8:00 P.M to 8:00 a for anyone who needs that service um we're having deer management program again starting at South Mount reservation starting on Tuesdays uh tomorrow actually January 14th and then uh every Tuesday thereafter for the next uh three weeks after tomorrow um through the 4th of February and then at the hilltop on Thursdays um it began on the 9th the 16th and then going through the 27th of February the S6 County Environmental Center offers a variety of programs during the winter and for more information you should call 973 228 8776 and um finally I believe we have the 19th annual project homeless connect and um this is a great program where people come in and have uh Health screenings giveaways haircuts public assistance and every um area from the every department or division from the county is there plus other services so that they can Avail themselves of services that they need it really is a wonderful event if you absolutely if you happen to have a moment to stop by it's from 10: to 2 at the Essex County College gymnasium it's amazing uh the kinds of things they do at that day and that's it for me so uh Happy New Year again and healthy thanks ien always good to see you thank you good to see you as well moving on like to move the approval of the minutes mayor you got to read all the dates or you don't have to read the dates it's fine with me uh which of the uh you got to read all them dates the December 18th 2024 regular and conference meeting minutes December 18th 2024 Clos session meeting minutes December 30th 2024 special meeting minutes December 30th 2024 close session special meeting minutes in January 1st 2025 reorganization meeting minutes okay all in favor I'm sorry second I'll second it okay all in favor yeah I yes okay uh before we get to the next part just one bit of housekeeping before we get to the public comment uh for the record we under the consent agenda resolution 2 5-73 uh will be pulled this evening and not read mayor I like to make a motion to open public comment on agenda items only all in favor yes okay meeting is now open uh for comment on agenda items only Jennifer Kesler 44 Baker Road um are we able to ask questions about the earlier conference meeting during this time or because it was on there be another public session it has it should be on this agenda for this meeting it is it's from the conference meeting so isn't that technically part of this okay then I'll come back can I have a motion to close I'll make a motion I'll second all those in favor I all right um thank you moving on uh we have no final um hearings so we have two for introduction so carollyn would you please read ordinance 21-2 202 this is ordinance 1- 2025 amending chapter 162 lead testing inspections for rental dwellings I'll move the ordinates I'll second any discussion okay roll call council member Anthony yes bani yes Hera yes Deputy Mayor kleene yes mayor mhart yes and mayor this is scheduled to have its hearing at the Monday January 27th 2025 meeting okay thank you uh can we read ordinance 02202 please ordinance 2-202 amending chapter 170-174 the r- 5i residence District of the code of the township of Livingston I'll move it on first reading second any discussion roll call please maybe a quick question uh how about just a quick summary introductions very if you don't mind uh helping us out with the reading of it yeah uh the r5i residence district is Park View over off Eisenhower and this amendment uh would permit them to have an on-site superintendent apartment in in the facility above the maintenance garage uh whereas currently I I think it it is in their best interest to have 247 access so that's what that would do this will require planning Board review yeah this will be planning Board review so just so everybody knows if we voting um to introduce for a public hearing and to refer to the planning board thank you any other uh discussion questions roll call please council member Anthony yes bani yes Vieira yes Deputy Mayor kleene yes mayor mehard yes and this one will have its uh scheduled hearing on Monday February 10th 2025 all right thank you uh we'll go down to the consent agenda um all matters listed with asri are considered to be routine and not controversial by the council will be approved by one motion there will be no separate discussion of these items unless a member of the governing body so requests in which case the item will be removed from the consent agenda and considered in its normal sequence under the agenda as part of the general orders we will be pulling for a separate vote resolution 25- 072 and as I mentioned earlier 25073 will be pulled this evening um any other ones that they would like to be read separately that good that being read will you please read all of them except for 25- 072 and 073 thank you mayor this is resolution 25-06 authorizing filing of Essex County division of Housing and Community blank Grant also known as cdbg 2025 application resolution 25-61 appointment to planning board resolution 25- 062 appointments to 4th of July committee resolution 25- 063 alcoholic beverages and Design public places resolution 25-64 authorizing the award of a contract to Samuel Klein and Company resolution 25-65 authorizing the award of a contract to McManaman Scotland and Balman LLC special counsel resolution 25- 066 authorizing the approval of change order number one with Christopher p statile pa resolution 2567 authorizing purchases under Moors County Cooperative pricing system resolution 25- 068 authorizing purchases under Somerset County cooperative pricing system resolution 25- 069 adopting procurement card policies and procedures resolution 25-70 establishing technical review fees for commercial applicants and minor and major residential subdivision and site plan applicants resolution 25- 071 New Jersey D Greenacres program en enabling resolution for supplemental funding request I'll make a motion to approve the resolutions remaining on the consent agenda I'll second it any discussion no roll call please council member Anthony yes bani yes Viara yes Deputy Mayor kle yes mayor mhart yes will you please read resolution 2572 resolution 25- 072 approving and authorizing the execution of a funding agreement with Freeman Route 10 LLC War Redevelopment activities on block 101 Lots three and four I'll make a motion to approve resolution 25- 072 are we doing the discussions I have a couple of questions I after a second after second any discussion yes okay so um U Barry I think this goes back to uh several years right uh can we have first of all let's have a summary of where we are what's this about and uh then I have a couple of questions yes so the the property uh comprising block 101 Lots 3 and four is kind of commonly known as the old Lexus site uh it's been vacant uh for quite some time it was part of a larger area designation where that and a number of other properties in the area were uh designated under the local re rehabilit local Redevelopment Housing law as areas in need of rehab abilitation uh which then authorizes and allows a um Redevelopment plan so the owner of the property is interested in discussing with the township Redevelopment Concepts and what might go there uh under those statutes we have the ability to require them to post an escrow deposit to cover the costs of our professionals review of their Concepts so that's what this authorizes so this is about the additional cost or is it the designation of individual no it's already been designated this does not approve any particular use this they deposit money to into escrow which we can then use to pay our professionals or planner or Redevelopment attorney to review and meet with them on what their Concepts and what they'd like to do there and this was approved I think it was 2019 I saw in the paperwork the designation occurred yeah it's probably four or five years ago four five years ago uh the designation of it being a Redevelopment plan uh area need a rehabilitation rehab and the significance there both uh rehabilitation and area need of Redevelopment allow Redevelopment plans but an area in need of Rehabilitation does not allow long-term tax exemption uh so you can't get a pilot as they call it there is an ability potentially for a short-term five-year tax abatement none of that's been discussed on this property or not but there is a distinction between Rehabilitation and Redevelopment great thank you for answering the second question as well thanks any more discussion roll call please council member Anthony yes yes bani yes Viera yes Deputy Mayor Klein is recused Mayor mhart yes thank you motion to open public comment second okay all those in favor okay the meeting is now open to public portion on any subject with a three minute time limit Jennifer kler still 44 Baker Road at the earlier conference meeting there was oh okay can everyone hear me at the earlier conference meeting there was a closed session just to discuss fair share housing fourth round and I know that was subject to attorney client privilege and anticipated litigation can you comment on what type of litigation and or why litigation would be anticipated and basically are we not expected to participate in Fair Share housing are we expected to challenge it or we expecting fair share housing to come back to Livingston and say we weren't Cooperative enough you done I don't want to use up all your time um so the fourth round of fair share housing um is is starting um and this governing body has to adopt uh its affordable number no later than January 31st um the state has put out a an advisory number um the township can accept that number or can choose a lower number based on its planner's input um and you know there were certain criteria that DCA used um and our planners have gotten that criteria and have researched it and looked at the properties and which DCA included and didn't include as to what areas may or may not be buildable um the township will be adopting uh pursuant to the statute it's affordable obligation no later than January 31st and then we're then required to file What's called the declaratory judgment action um so what we were discussing is that number number and that number if it's below the DCA number is subject to challenge and litigation um and what Parcels we include and not include in our number will also be uh part of the process I can tell you that every member of this govering body uh certainly understands and supports affordable housing in a reasonable way and there's no um sidest stepping Our obligation um but we certainly want to provide our fair share and not more than our fair share but in line with what we're obligated to do um so the idea is we wanted to discuss and close but it'll be fully the resolution will obviously be provided to the public it'll be voted on in public those properties which uh D say included that we're excluding will be provided to the public and our filing will also be provided to the public but tonight was um to discuss that in a closed manner um because obviously in the past and we don't know but developers of fairshare housing Corporation may or may not challenge what we file are those potential properties is that available now if we were to research it not ask I can tell you that you could certainly Oprah DCA uh and get whatever they use to come up with our number uh which was um however by the end of the month uh this governing body will have passed its number and you will see that as part of our resolution uh and our declaratory judgment action that'll be filed perfect thank you thank you thank you hi Mr Mayor uh Justin Alpert 56 Amur place um would love it if you could lead the community in a conversation about what this Council was not happy about in the third round a number of areas where you said our hands are tied we had a gun to our head perhaps you could lead the public conversation in rather than just going into the fourth round blindly how would you like to see the law change can we have that conversation so we could start coordinating with other communities and going to Trenton and changing the law rather than just doing another fourth round here as well it's become apparent that the appraisal Systems Inc model of uh property assessment is fundamentally broken looking at 457 South Livingston Avenue next to shop that property sold for $2 million it was assessed the real property was assessed to $250,000 you could ignore the improvements of the property because that was torn down sold for8 times its assessed value do you know when we are supposed to raise the level of the assessment to meet reality because I I don't know the answer to that um it should happen now we've been off by 87 a half% um the model is just broken and when we are improving properties in this town we want to be accounting for the appreciated value of the real property we want to be accounting for where that goes because if the developers are realizing excessive grossly excessive returns that's honestly money out of our pockets that's money out of our pockets that we could be using uh that we could be better recognizing in local Banking and using towards building out the infrastructure that's necessary to support Healthy Growth um as well we're planning 17 to One units there um as we're developing in the fourth round uh we also need to think about jobs if we're putting in a thousand units we need to think about a thousand jobs in town so we're not developing a commuter uh lifestyle but we're actually developing here in Livingston a place where people can live and work and Thrive thank you very much Mr Mayor thank you Jus can I have a motion please motion to close second all in favor I I all opposed all right we're going to go to the report of Township officials and council members um going forward just for those who come uh and frequent us on who come and visit us every other Monday uh this week we will everybody will have a few chance to speak at least among the council members after that um it'll be one person's turn going forward uh one week will will change every week and we will uh they will speak for the entire Council to hopefully we can speed up the process a little bit uh an anything nothing to report thank you mayor okay Adam uh nothing to report uh nothing further Russ nothing tonight mayor thank you Jared uh mayor nothing tonight thank you okay count nothing for me thank you all right uh we'll go in order now um councilman Anthony no I'm good tonight thank you mayor thank you very much councilman Vieira all good tonight thank you mayor councilman bhani yeah I I thought I will not have anything look at that I guess I guess I got my 30 seconds full then first of course Happy New Year to everybody I know we met at rorg it was a fantastic event um I was at uh uh one of her exemplary uh residence tribute uh Joyce score and again remembering her uh it was a very somber meet there uh always tough to lose our uh our residents like that but she had uh given amazingly to to the town uh couple of quick notes on the events U January 20th the MLK de celebration I hope to see most of her residents there uh and winter celebrations on 17th and looking forward to have uh meet the Council of League of Women Voters on 23rd that's all mayor I think it's 30 seconds thank you well done deputy mayor clein uh I would just add uh not to repeat anything that'll be the Mantra no repeating right um just to say thanks to we went uh a lot of the council went to Temple Beth shalom's um uh fundraising event uh for comedy night and we had a lot of fun and I just want to say thanks for the invitation great thank you very much uh real quick just a happy and healthy New Year to everybody uh councilman batani certainly did the few dates that are coming up in the next uh between now and our next meeting in two weeks um in addition to Temple B Shalom I had the honor of presenting an eagle scout plaque on January 11th to John Harold so I wanted to just call him out wish him congratulations to he and his family uh as well um and that is it uh for myself I have a motion for adjournment motion motion to adjourn second all in favor yeah thank you okay