Newark Municipal Council Special Meeting – May 16, 2023

The Newark Municipal Council held a special meeting on May 16, 2023, at 10:00 AM in the Council Chamber at City Hall. The meeting covered several resolutions, a mayoral communication, and public comments. Key topics included procurement of software and equipment, a housing development subordination, a block party fee waiver, and the appointment of a tax assessor. Discussions also touched on compliance with public records laws, the city's recycling operations, and parking issues.

Resolutions

7R1-b – Cooperative Purchasing for OPRA Software (GovQA)

• The council authorized a cooperative purchasing agreement with SHI International Corp. (not to exceed $204,003.90) to acquire GovQA software to streamline Open Public Records Act (OPRA) functions in the City Clerk's office.
• Councilmember Gonzalez questioned compliance with the 7-day response requirement and asked about the city's progress on Daniels Law (exemptions for law enforcement personnel). The City Clerk acknowledged challenges, noting some departments struggle to meet deadlines and that Daniels Law is still evolving. A request was made for periodic reports on the software's usage.
• The resolution passed unanimously (8-0, with Kelly absent).

7R1-c – Omnia Partners Cooperative Membership

• This resolution authorized membership in OMNIA Partners National Cooperative for educational software solutions and services from Carahsoft Technology Corp. (not to exceed $69,025.80) to procure a grants management software subscription via eCivis.
• No questions were raised; the resolution passed unanimously (8-0, Kelly absent).

7R1-d – Lease of Five Refuse Recycling Trucks

• Originally introduced as an added starter sheet, this item authorized a seven-year lease for five Crane Cab Yard refuse recycling trucks without tippers, with a $1 buyout at the end, through a cooperative purchasing agreement with Sourcewell. Total cost not to exceed $3.274 million.
• Councilmembers Gonzalez and Quintana raised concerns about the lease vs. purchase cost, monthly payments, interest rate, and vehicle specifications (tippers vs. front loaders). Business Administrator Eric Pennington explained that leasing expedited delivery due to urgent need and that bonding capacity was being reserved for a new DPW garage. He stated the per-truck cost was $454,000, with the difference to the $700,000 lease cost reflecting interest.
• Councilmember Ramos requested an overall cost assessment of in-house recycling operations compared to the previous contracted service (Basel). The BA agreed to provide a written analysis.
• Councilmember Quintana inquired about mechanic readiness for new trucks; the BA noted warranties, new lifts ordered, and plans to hire more mechanics.
• The resolution passed unanimously (8-0, Kelly absent).

7R2-a – Subordination of Reverter Rights for Mixed-Income Housing

• This item authorized a third amendment to the Agreement for Sale and Redevelopment and a first amendment to the Subordination Agreement to allow financing for 115 units of mixed-income housing with parking and outdoor space at properties in the South Ward (650 Springfield Ave and 41 19th Ave).
• Councilmember Gonzalez questioned the lack of consideration (compensation) for the city subordinating its reverter rights. Director Allison Ladd (Economic and Housing Development) stated no compensation had been requested in similar past transactions and noted the project had already received a tax abatement and HOME funds. Gonzalez argued a contract without consideration is void. Council President McIver noted this was a point to consider for future items.
• The resolution passed unanimously (8-0, Kelly absent).

7R8-a – Waiver of Special Event Application Fee for Neighborhood Biggest Block Party

• The council waived the $50 special event permit fee for a block party on Aldine Street (between Chancellor and Keer Avenues) on Saturday, May 27, 2023, from 12:00 PM to 9:00 PM, sponsored by Councilmember Council.
• The motion passed unanimously (8-0, Kelly absent).

Mayoral Communication – Appointment of Tax Assessor

8-a – Appointment of Frank D'Allessio as Tax Assessor

• Mayor Baraka appointed Frank D'Allessio as Tax Assessor for a term effective May 2, 2023, through June 30, 2023, with a statutory four-year term to follow (through June 30, 2027).
• The council amended the appointment term start date to April 3, 2023, and removed the sentence about the statutory term commencing later, effectively making the appointment run from April 3, 2023, to June 30, 2027.
• The appointment as amended was approved unanimously (8-0, Kelly absent).

Public Comments

• Sean Small, President of North Council 21, addressed two issues: the lack of orientation for new city employees (asking if there is a hiring freeze) and the status of collective bargaining agreements (contract ended December 2022; compensation for 2021 and 2022 still pending). He urged the administration to begin negotiations without further delay.
• Colleen Fields, a resident formerly at Seth Borden Elderly, praised Victor Sorella for helping her transfer to Lincoln Towers, claiming discrimination by other staff at the Newark Housing Authority. She expressed concern about the potential promotion of Emmanuel Foster, citing past allegations. The council noted it has no jurisdiction over Housing Authority personnel matters.

Additional Discussions Before Conference

• Parking Displacement: Council President McIver reported that city employees with monthly parking passes were turned away from the Green Street parking lots (private and Newark Parking Authority) due to graduation events. Business Administrator Pennington said he would contact the Parking Authority executive director to resolve the issue and warned that funds might be withheld if the contract is not honored. Councilmember Crump clarified that the Parking Authority had assured displacement would not happen. Councilmember Gonzalez noted the council itself had two reserved spaces not in use. The council also raised broader concerns about event parking notifications and ticketing downtown, suggesting the Parking Authority director be invited to a future meeting.
• Budget Praise: Councilmember Gonzalez praised the Business Administrator for delivering the city budget in May (a first) and noted the proposed tax increase was only 0.007%.
• Spot Assessments and Revaluation: Councilmember Ramos requested data on residential properties reassessed in recent years and expressed concern about homeowners facing tax increases of 20-40% after purchase due to spot assessments. The BA stated there was no arbitrary targeting; the assessor has an obligation to review valuations after sales or significant renovations. He promised to provide data and noted the new assessor would work to minimize impacts, with a full revaluation expected to take at least two years.

Key Outcomes

• All resolutions on the agenda passed unanimously (8-0, with Councilmember Kelly absent).
• The appointment of Frank D'Allessio as Tax Assessor was approved with amendments.
• The council directed the Business Administrator to: (1) provide a written cost comparison of in-house recycling vs. the previous contract, (2) address parking displacement issues with the Parking Authority, and (3) provide data on residential property reassessments.
• The council requested that the Parking Authority director appear at a future meeting to discuss event parking communication issues.
• The meeting adjourned to a special conference session on homelessness (not covered in this summary).