Hi everyone. Uh welcome to our July 13th uh regular meeting. Uh let me just move forward here. Okay. So um this is uh I'm going to read the sunshine statement. Uh this is in compliance with the sunshine law NJSA104-10. This meeting is being held in accordance
with the open public meetings act and adequate notice of this meeting has provided as required by law. Specifically the annual notice was emailed to the west tribune and the star ledger on January 5th 2026. The agenda and resolutions for the meeting are available at livingstonja.org. Certain portions of this meeting may be
closed to the public for the purposes of personnel andor other matters as outlined in the sunshine law. Decisions made and or discussed in close session will be made known to the public at a later time. Notice to members of the governing body and township staff any use of electronic devices during this meeting shall be used solely for the
purposes 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 livereamed via Facebook at https www.fas.com/lmington township. Questions or comments will
also be accepted by emailing live comments at livingstonj.org by 4 pm on the day of the meeting and shared with the township of council before the meeting. Each speaker should follow the rules of order in Livingston code 2-15.3. Uh madam clerk, can you please call the role? >> Council member Minhart
>> here. >> Anthony >> here. >> Vieier >> present. >> Deputy Mayor Banani >> here. >> And Mayor Klein. >> Okay. If everyone please join me in a moment of silence followed by the pledge of allegiance. I think uh this is the first meeting since Marvin Goldstein had passed um from Northfield Pharmacy. Someone who
meant a lot to this community. Um I'm sure everyone here uh had met him multiple times. Um, so you can uh please keep him in your thoughts. I >> pledge allegiance to the flag of America and to the republic for it
stands. One nation, indivisible, liberty and justice for all. Okay. Uh we're now to D on our agenda. Um which would be Essis County updates, but I don't see anyone from Ess's County here to represent. So we'll move forward. Uh we do not have any
proclamations or presentations tonight. Uh that brings us to approval of the meeting minutes. Uh >> I make a motion to approve the regular conference meetings and the close session. >> These are from June 22nd. >> Of June 22nd. >> Second.
Um, okay. Uh, can I um >> Yes. >> Yes. >> Can I motion to approve? Okay. Thank you. All right. All in favor? It's by voice. We're all good. Okay. Fine. Uh, that moves us to do public comment on agendas item only. Uh, 4m minute time limit. Um, can I have a motion to open
the public portion? Second. Second. >> Okay. >> All in favor? >> Yes. I >> opposed. Okay. The meeting is now open for comments on agenda items only. There's a four minute time limit. Please come to the microphone. State your name and whether you live in town, please.
>> Motion to close public comments. >> Second. >> Okay. Uh all in favor? >> I I >> opposed. All right. Uh we will now move to passage of ordinances tonight. There's one ordinance for second reading. Um madame clerk, please read
ordinance 24- uh 2026 by title. Ordinance 24-2026 authorizing the sale of property owned by the township of Livingston no longer needed for public purposes to the Livingston Board of Education. >> Thank you, Madam Clerk. >> I'll make a motion to open a public hearing. Second.
>> All in favor? >> I >> opposed. >> Okay. The public hearing the public hearing is now open on ordinance 24-2026. Uh there is a 4m minute time limit per person. Again, if you come to the microphone, please state your name and whether you live in town. I'll make a motion to close the public
hearing. >> Um, okay. All in favor? >> I I opposed. >> Okay. Uh, do any council meetings uh council members have comments on ordinance 24-2026? >> I'll move the ordinance. >> I I have a couple comments. Sorry.
>> You vote first. >> Councilman Mhart. >> You have Yeah, you got to move the ordinance before >> I'll second. No, you want >> Great. Com. So, I just So, first of all, this has been a long time. Um, >> and this has been a long time coming. So, I'm very pleased that we're able to get this done. This has been on the on
our books and on the board of ed's book for on the radar, excuse me, for the last couple years. I think it's a it's a win for the town of Livingston, especially getting a school uh back that they're going to be able to use at whatever they would however they would
like to use it at the ripe sum of a dollar, which in today's uh world, getting any building for a dollar is a is a really good value. So, uh um you know, I'm very proud to be part of this. I think we owe a special thanks uh to our town attorney, Jared Caner, who has
worked uh very hard the last few weeks to make sure that this got done uh in the time that was needed to get done. I know he and his office put a lot of work in these last few weeks um making sure that all the documents were sent over to the uh board of eds attorneys. Uh I was copied on a lot of these emails and so I
just wanted to thank Jared and his whole office for that as well and uh you know look forward to proudly voting yes. This is a big big win for the town of Livingston. Yeah, I think this is a great example of uh the board of ed and the township working uh well together for the benefit of the town. And I know Ed and I uh you know over the last
couple years have had a lot of two-on-one meetings regarding this property and then the finish line came up very quickly and uh Jared was a big help in getting us across finish line and Barry put in you know a lot of work in these last couple weeks also u because there really all of a sudden was a very clear um there were a lot of dot
a lot of eyes to dot and teased to cross and we had to make sure that we did it in like in a very specific time frame and it was it was good to see everyone you know just pull it all together you know uh with time to spare. So, thanks for all your hard work on that. >> Mayor, I would like to say a couple of things as well. >> Um,
all of my time on the council, one of the drivers was really to make sure this transaction gets closed. Uh, definitely it's a $1 net sum building moving back to board of education. We all know it is
a required thing for board of education. Uh, but at the same time, there were a lot of uh regulatory challenges. it needed to be moved and thanks to Bar Barry and Jared um it really moved but it took some time but at the same time
it the progress was consistent and last two weeks 3 weeks when we were uh in the conversations with the board president vice president and the mayor and and myself uh we have seen that lightning progress because once every duck was in
the row Jared and Barry really moved that too as well as kudos to the board of education staff and their uh attorney and everybody else as well. Great teamwork. Uh proud of how two bodies work together and this is a significant
move back to the school. Hopefully, it'll be a good welcome thing for the schools to start alleviating some of the pressures. Thank you. >> Thank you, Deputy Mayor. Okay. Uh madam clerk, can you please call the role? >> Council member Minhart >> proudly. Yes.
>> Anthony, >> yes. Vieiraa. >> Yes. >> Deputy Mayor Rebuptani. >> Yes. >> Mayor Klein. >> Yes. >> That brings us to ordinance for introduction. There is one ordinance for introduction this evening. Madame clerk, can you please read the ordinance uh number by title? >> Ordinance 25-2026
uniform fire code enforcement amended fees. >> Move it on first reading. Second. >> Is there any discussion? >> Okay. Please call the role. Madam clerk. >> Council member Minhardt. >> Yes. >> Anthony, >> yes. >> Vieira, >> yes. >> Deputy Mayor Banani, >> yes. Mayor Klein. >> Yes. Uh that brings us to our consent
agenda. >> Public hearing. >> Oh, public hearing. This will be July 28th. Thank you. >> Okay. Thank you. Um this brings us to our consent agenda. All matters listed with an asterisk are considered to be routine, non-controversial by the council and 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 on the agenda as part of the general orders. Um, does anyone um want any of them pulled?
>> Uh, yes, mayor. Um, 26223 just to be recused on that. >> Yeah. Councilman Anthony will be recusing himself from that vote. >> Okay. So, um, >> councelor. >> Okay, good. Um, so do you want to read all the remaining um, resolutions? >> Yes, mayor. I will. Uh, resolution
26-221, chapter 159, recycling tonnage grant. Resolution 26-222 authorizing inclusion in the Essis County Urban County Community Development Program 2027 through 2029. Resolution 26-20224
authorizing the award of a contract to firefighter 1 LLC. Resolution 26-225 authorizing the award of a contract to Chemco Inc. Resolution 26.226 authorizing the award of a contract to
Jessco Inc. And lastly, resolution 26-227, which was misprinted in the agenda that is in the back of the room. It's authorizing the award of a contract to Rapid Pump and Master Company LLC. >> Can I have a uh a motion to approve all
the remaining resolutions? >> I'll move them. >> Second. >> Okay. Please call the role. >> Council member Minhardt, >> yes. >> Anthony, yes. Vieira, >> yes. >> Deputy Mayor Baptani, >> yes. >> Mayor Klein, >> yes. Uh, and Ken, if you can please read the remaining resolution 223. >> Yes. Resolution 26-223
authorizing the award of a contract to Fino and Suns, Inc. >> Uh, any comments? >> I'll make a motion. >> Second. >> All right. Please call the RO. >> Council member Minhart. >> Yes. >> Council member Vieiraa. >> Yes. >> Deputy Mayor Banani. >> Yes. >> And Mayor Klein?
>> Yes. Uh, that brings us to public uh comment on any subject. Can I have a motion to open the public portion? >> Motion. Second. >> All in favor? I >> opposed. >> Okay. The meeting is now open on any subject with a three-minute time limit. Residents can come to the phone. Please
state your name and whether you live in town. >> Hi, good evening, mayor and members of the town council. Uh my name is Haan Maggie Hu and I'm here tonight representing
the Livingston Chinese Association. I wanted to express our deepest gratitude and admiration for the incredible work in our town's recent 250th Independence Day celebration.
Founded in 1973, LCA has been proudly serving the Livingston community for over five decades. And this year we were honored to celebrate this historical American
milestone alongside our labors in the town we call home. The Chinese community has was deeply honored to support this success. As a gold uh sponsor for the entire event,
the LCA proudly backed the celebration financially. Um, but our community's hands-on involvement went much deeper. On the ground, HA Chinese School uh organized a vibrant art display and our
LCA traditional kids game booth bringing the energetic volunteers who provided engaging games and attractive prizes funded entirely by LCA. behind the scene. Invang and Gigi served on the uh
organizing commu com committee. Furthermore, our community showed our uh support by bulk buying 388 commemorative celebration m medallings
accounting for nearly onethird of all sales townwide. Uh this local dedication is a reflection of who we are. Today more than 30 members of our community serve uh community serve in leadership
roles and volunteer roles throughout the township from board of education to zoning board vision 2020 animal shelter trail and greenways art council LCDI LACD etc. It is a spirit of
service that recently earned LCA the national outstanding community service organization award at the 2026 United Americans convention in Las Vegas. Yes,
we had this. >> Um, while we are grateful for that recognition, our greatest source of pride remains right here. Uh, we are incredibly thankful to the
town council, uh, the first responders, town staff, and most importantly, our neighbors. Moments like 250 celebration remind us why we love Livingston. It showcased a town that values diversity,
welcomes participation, and allows us to be build a stronger future together. Thank you. >> Thank you. First of all, congratulations on the award and and and richly deserved. Um, but this is the first time maybe other people on the council have heard of this, but this is
the first time I'm hearing about it. How how wonderful for the group to be recognized in that way and how proud it makes us as a town that you should be recognized that way. Um, everyone here and certainly everyone out there understands the contributions of the LCA, how valuable uh as an organization you
are to Livingston, what you bring to Livingston. You know, I think about when I think about the contributions personally from the LCA, I think about it on two levels. One is the local level, right? That you know, the the incredible events that you hold and and and your love for the town. Um, and then I think about it on a much grander
scale. you know, when we think about the USA and, you know, and China as as nations, this is the bridge that keeps us together. This is the, you know, when we see um if we want that relationship to be less adversarial as nations, it is it is these organizations and these and and the affection that we have for each
other in this town, you know, is is the way to show people how to get along and and um you know, thank you so much for for being there all the time and and and you know, not only loving um loving Livingston the way you do, but you know, all these celebrations you do and the effort for July 4th shows your love for,
you know, for our country and for and and for your heritage. So it's it's the best example that we could set for everybody. >> Thank you. Thank you for your good words. >> Can I say one quick thing mayor? Um it's it's again I will second what what mayor said. uh all the activities at the ground level you've always been there
not only LCA leadership but the volunteers and we see a lot of them and red shirts very famous you know to kind of go come out and help and actually do rollup sleeves and and do do a lot of work not only at the gazebo at senior center and many of those events we
always see you so thank you for all you do thank you for encouraging people inspiring them and bringing them to the table it's that's how integrations happen so thank you for doing that. >> Thank you. Thank you, K2. >> Great.
>> Any other speakers? Okay. Um Okay. >> Good evening, Joyce Armando. I'm pretty sure you guys all know why I'm here. Um despite months of emails, meetings, videos, county violations, negotiations,
and the township's own determination that the Express Autopa car wash business operations constitutes a public nuisance. The residents are still suffering every single day. The only meaningful and trim change
that has taken place is the air hoses have been taken offline. Yet, I don't believe that that has been consistently enforced by the sounds we're still hearing. The vacuum operations, the primary source of my original complaint,
continue as they have for the past 10 months. Every time I ask for an update regarding additional intram measures relating to the vacuum operations, I'm told the township will ask the car wash to consider another voluntary measure.
Ask, consider, discuss. Essex County issued noise violations to this business. The township issued a noise, a notice of violation and demand to abate public nuisance. Yet, the
nuisance continues. Why is the town still asking the offenders to voluntarily consider additional measures? The demand letter stated the nuisance was to cease or the township would pursue legal action. Two months
later, the nuisance continues and we, the residents, continue to bear the burden. At what point does the burden shift to the offenders? At what point do the residents receive meaningful relief instead of another promise that someone will have another conversation with the
car wash? None of you would accept this level of commercial noise every day inside your home and throughout your backyards while being told month after month that discussions are continuing. The only thing that is continuing is the assault on our nervous systems and our mental
health to every resident forced to live with unrelenting noise pollution. It's time for meaningful vacuum noise reduction, not more discussions. We have waited long enough and were led to believe that this township was finally taking action to correct this problem
that never should have been approved so close to residential homes to begin with. Here are the addresses of the Express Auto Spas in New Jersey. Jersey City, JFK Boulevard, Pamis Garden State Plaza, Coltsneck, New Jersey Route 34,
Middletown Route 35, Howell US Route 9, Lakewood Route 70, Jackson County Line Road, which is a busy commercial road. Tom's River, Hooper Avenue, it's a highway, no residential homes. Brick Township, Cedar Bridge Avenue, fully
commercial area, no homes. Anglewood East Sheffood Avenue, one block from the turnpike. All of these other locations are on busy commercial roads and highways and not in proximity to as any residential homes. The location this township approved stands alone and I
continue to ask why and how this happened here. >> Thank you, Joyce. Um Jared, do you want to I know you've been in regular contact uh with Joyce even over the weekend. Do you want to just talk about what steps we're taking?
>> Yeah, it's her heard three minutes. Yeah. Yeah. >> Okay. So, from the town's perspective, um, initially it sounded as though that the air hoses were a major concern. Um, so we went to them, uh, we asked them to
shut off the air hoses and the air hoses were shut down. Um, and that didn't alleviate the noise issue. Um, I then forwarded the suggestions uh to the express car wash. Um, they were going to have their engineers look at it because they wanted to have a meaningful
reduction. Uh, last week they voluntarily reduced the intensity of the blower tunnel. Um, which I communicated to you. I said, "Let me know if that is enough." And you know, I got the text messages over the weekend that that remediation measure is not was not
satisfactory to you uh or to the township. Um given what I got over the weekend, I reached out to council today. We're going to talk about additional remediation measures on site uh including potentially eliminating the vacuums during certain hours, which was
a recommendation when the councilman um taking some offline. At no point did they say they were opposed to any remedial actions. They just want to make sure that they're going to be meaningful. Um the county's violation I think is being resolved by um by the
sound fence. I think the county is satisfied that that will cure their violation. Um and I think um they did submit a uh a site plan application to the planning board or amendment to their site plan uh to get the fence. Uh we're hope we're going to try to expedite that
along, but I know that's not enough for you currently because I understand what you're living with. Um I think the mayor and the council uh we discussed this and closed and I think what came out and we are giving you a lot. I just want you to know you're you're getting a lot of attention. It was a full close session. Uh a large part of that was spent
discussing how to handle this. Um there was a recommendation to bring in our own sound uh expert to get someone trained so we could identify violations and we could measure the noise at the house so we could be more objective about it rather than subjective. Um so the next step the township is going to take is um
I know you sent me a list of uh suggested remedial measures. Um we're going to um to go back to them and tell them we they need to do more until the fence is up. Um, and so far they've been I know that I know the result hasn't been what you wanted, but the first thing we asked was turn the air hoses
off. They turned the air hose off. Second thing we asked for, you know, reduce. They reduced it, didn't work. Then they said, "Okay, we're going to talk to an engineer." And they reduced, you know, the intensity of the tunnel air blowers. We understand that that didn't do it either. It all sounded good. It sounded good when I emailed it to you. It sounded good when he told it
to me. It didn't sound good on the video you sent me. I get it. Um, but we're going to continue to work with them and at every time they they've they have done that. um you know legally I don't know you know that we would actually be successful in shutting them down if we do go to court. Um so we're really
trying to make it better for you. Um we don't want a judge to come down and say township you're wrong as long as they're under the state noise. They're not creating a nuisance under case law which it's very close. Um and then they just go back to full blast. They turn the air hoses back on. They say you know so we're re we're really we do have your
interest at heart. The council has your interest at heart. I'm in constant contact. I think all five members up here have reached out to me today. They reached out to me last week. They reached out to me constantly. I'm giving these guys updates almost daily around the clock on your property and the car
wash. It's not missed. I just don't know. When they tell me they're going to reduce the intensity of the tunnel, the lawyers sound sincere. I think they think they're sincere when they think it's going to reduce the noise. I mean, obviously they could hear it after they do it, but >> yeah, I I
>> I get it. I'm not gonna have a back and forth, but um what I can tell you is we are going to go back to them. Uh we're going to ask for additional remedial measures, and if it doesn't work at some point, we can go to court. We're hoping this fence goes up sooner than later, which will be a permanent solution.
>> Okay. Thank you, Jar. >> Yeah. >> Okay. Any other speakers? Anthony Armando, 142 South Livingston Avenue. This is my cousin. Um, at one time the town of Livingston
very friendly with something like this towards the residents doesn't exist anymore. What I don't know what happened, but all of a sudden these car washes and these businesses come in. They're doing what the hell they want.
I need have one question. Who rubber stamped this job? Who who put wrote off that it's okay? Who what permit was what plan? Who said it was okay? That's what I want. The person that signed off. We haven't found him
yet. >> It wasn't a person. It was the planning board, right? It was a board. >> It was a vote of the entire planning board, which is an autonomous board. >> The whole planning board signed off on this. I don't know what the final vote was, but I presume it was unanimous. >> Okay. >> And and I have to tell you that it's it wasn't this governing body. It was the
planning board, which isn't autonomous. >> No, I know. I know it's not you. I get that. I know it's the plan, but but is there one engineer who who's who was the one that stepped up and said, "Boom, I'm I'm I'm letting this go." >> The entire board would have to would have to have allowed it. >> They did. So So the planning board is is
the is the the where where they they allowed this whole thing to go through. That's what That's We're We're saying that, right? I >> think we've been saying that from the beginning. >> Oh, have you? Okay. All right. Um, as far as Livingston at one time,
their their building codes and their and their I'm a excavator. I do a lot of work in Livingston. At one time, very good. They they were the best at one time. I don't know what happened there, but they dropped the ball because what's
going on at that car wash, the town the the the the billing department that I knew would never have allowed this, which brings me to the question, h how did something like this slip through the cracks? How did it how did it slip through the cracks? Because that's what
it did. Because what it's acting like the the town is 100% liable for this. the town is because it's a mistake what happened over there. It's a nuisance. You deemed it a nuisance. You labeled it a nuisance. Okay? A nuisance. Like I
said, a little common sense. Just use your ears. It's driving everybody crazy. I don't care if it's the blowers, the the air, whatever the hell it is, it doesn't matter. Whatever the noise is coming from there, it's creating a nuisance and it's bothering everyone over there.
That's the that's the that's the bottom line. and nothing's being done about it. We've been playing this game since September of last year. Nothing has gotten accomplished. The noise still exists. It's July and uh my cousin's
backyard is is a nightmare. I asked I asked you to come. I asked you guys to come over. I invite you on a Saturday. Come over here and listen right now. You won't believe what you hear. >> Okay. Thank you. Are there any other speakers?
Okay. Can I get a motion? >> Motion to close. >> Second. >> All in favor? >> Yes. >> Any opposed? >> Okay. Uh we'll now go to reports of township officials. Um township manager Barry Lewis.
>> Just uh recognition and thank you to the entire uh Fourth of July committee and particularly for modifying on the fly due to the weather. >> All right. Uh Russ, >> uh no reports for tonight other than we will be sending the uh re-qualification
to the county to let them know we're going to participate in community development for the next three years. >> Uh Adam twice they ended up doing it. recreation, public works, public safety, all really went above and beyond. But
there's three people I do want to kind of highlight. Uh Joe Gil from our recreation department, uh he's just an absolutely amazing employee who really helps connect the town with the committee. Uh Frank Dick with our public works uh was on top of everything during
those two days. And then uh Andrew Muntz uh with our sound and audiovisisual stuff was was absolutely amazing especially with an audible uh without having a big stage there was able to change all the sound so that we could hear the fireworks uh that second night on Wednesday. So I just want to say
thank you. It was a wonderful event. All the community organizations that came out was truly wonderful. Um so just thank you very much. >> Thank you. Uh Carolyn, >> nothing for me tonight. Mayor, thank you and
Where is she? She Okay. Um, uh, Jared, >> thank you, mayor. Just a brief update on the township's fourth round fair housing. Um, so we came to we we submitted a plan. Um, and at this point,
either the court could have a a a hearing to determine whether or not it was fair pursuing to the court, or um, it could go to a consent order, fair share housing corporation, which is obviously the easier route. uh and more beneficial to the township. Uh I can
announce that today we we finalized the consent order with Fair Housing Center for a fourth round. Um it's going to be sent to the judge for review and entry. And based on my experience, um if you have a consent order fair housing center, the court enters it. So uh once
that order is entered, uh the the township will have a fourth round immunity. It's a 10-year period with a five-year midpoint review. Thank you, mayor. Thank you for your years of hard work on that and to everyone else who's been involved
with that as well. Um I'm just going to make a couple comments uh as part of my report uh on behalf of the council. So you know the council as a body is just um deeply gratified with the effort for July 4th. I I know I personally was a million people reached out to me to say
how great it was. uh even though on July 4th it didn't work out that the rescheduled event was was well attended uh and that the it was with the food trucks and the fireworks were an incredible display and I so many people were really proud of the town and how we were able to you know pull through. I
didn't hear anyone griping that the July 4th uh fireworks had gotten cancelled. Um you know and and or not canceled but just postponed and just just a great job. And Andy uh you know to hear the your about your heroics uh we you know in the side room before we started we just had a casual conversation. You really pulled the rabbit out of the hat
it seems and and knowing you a little bit and us knowing you and and the work that you've done before. It doesn't come as a surprise. It's just something you just you I don't know where you're getting all the rabbits from. Um, and then I also just want to say, um, uh, Adam has been helping us, uh,
with, uh, a township seal. So, we're going to, you know, if you look at a lot of towns and and if you're watching on videos, um, we're we're going to have a really beautiful, uh, seal for the township. That'll be uh, right behind my head. Um, and I think it's something that, uh, that it's going to be very
beautiful and, uh, I think um, something the township can be proud of. Just a small thing, but, I think it really will look great in this room, and we're excited for it. Um we're going to uh we have uh finished with the conference meeting. So um tonight's meeting is finished and we're going to adjourn.
Thanks everyone. >> Y okay. >> All in favor. >> All in favor? >> Yes. >> All right.