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Record of Proceedings

Newark Municipal Council Pre-Meeting Summary – September 19, 2023

Municipal CouncilTuesday, September 19, 2023
BodyNewark, New Jersey
SessionMunicipal Council
DateTuesday, September 19, 2023
StatusFILED
Video Record

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Transcript — Verbatim
0:00

Tuesday, September 19th, 2023.

0:05

Council President, Council Members, we are on page four of the agenda.

0:10

Item five reports and recommendations of city officers, boards, and commissions.

0:17

Okay.

0:18

Any questions from council members regarding boards and commissions?

0:23

CNN.

0:25

Item six.

0:26

Ordinances on first reading.

0:28

6FA is an ordinance amending an original tax abatement granted to Bergen Street Redevelopment Urban Renewal LLC to provide for an extension of time to achieve substantial completion of two new apartment buildings.

0:44

The first containing 32 affordable housing units over commercial space, and the second containing 10 affordable housing units over commercial space in the South Board.

0:56

Questions or comments?

0:57

Councilman Council?

0:59

None.

1:00

No questions.

1:00

Okay.

1:01

Councilman Quintana, no questions.

1:03

Okay.

1:04

Next item.

1:05

6FB is an ordinance authorizing the mayor or his designee to enter into and execute a lease agreement with Unified Bailsburg Services Organization for satellite office space for the City of Newark's Office of Tenant Legal Services, sponsored by Councilman Kelly.

1:24

Second by Councilman Gonzalez.

1:26

Okay.

1:27

Any questions?

1:31

Seeing that?

1:32

Next item.

1:32

6FC is an ordinance granting a 30-year tax abatement to 442, 448 Washington Development Urban Renewal LLC for a project to construct a new six-story building consisting of 53 market rate residential rental units, 10 affordable housing units, of which two units shall be restricted to tenants at 40% AMI, three units shall be restricted to tenants at 60% AMI, and five units shall be restricted to tenants at 80% AMI, 35 parking spaces, and 707 square feet of retail space located in the central ward.

2:13

Questions or comments?

2:16

Seeing none.

2:28

Questions from Councilmembers.

2:31

CNN.

2:32

Next 6 FE is an ordinance amending Title 18 Housing Code Chapter 3, Responsibilities of Owners Operators, Section 1 Dwelling by Establing Section 1.101A5 requiring an emergency backup generator for apartment buildings or housing units with 40 or more units sponsored by Councilman Council.

2:57

Second by Councilman Kelly.

3:00

Questions, comments?

3:02

Councilman Council?

3:04

None.

3:04

Thank you.

3:05

Okay.

3:06

Anybody else?

3:09

Seeing none.

3:10

Next item.

3:11

6F is an ordinance amending Title 8, Businesses and Occupations, Chapter 3, Barbershops, by adding personal service establishment definitions and hours of operations.

3:25

Sponsored by Councilman Quintana.

3:28

Okay.

3:28

Any comments or questions?

3:30

Councilman Quintana, no comments?

3:37

Councilman mentioned prior about some of the code enforcement issues and code enforcement and also about some of the conditions of of the smoking of hookahs and alcohol and and and gathering and making it like a uh a place where they do events.

4:00

Barbershop is, you know, after hours is not a place where you're going to uh make sure that you know we want to make sure that at 10 o'clock it's closed.

4:09

Not to 11:30, 12 and 1 o'clock in the morning, and people are sitting on a chair drinking beer, whatever it may be.

4:15

So we want to have some kind of uh I know Councilman Council uh talked about it, Councilman Ramos about the concern about the hookahs, the socializing in front and the whole thing.

4:28

We need to do put more into the ordinance.

4:31

We can move it and then we'll do more of adjustments.

4:34

So any other comments or questions?

4:36

Councilman Council?

4:38

Just wanted to uh concur with uh Councilman Cantana uh about ensuring that we uh add other specific things in the language uh as far as you know smoking, hookah, uh gambling, uh, and uh ensuring that the hours of operation uh are exactly what the hours of operations are and that uh an individuals are uh co-operating outside of those hours.

5:00

I believe that we we need to ensure that we add in a dollar amount of uh of a fine on to it.

5:08

Okay, totally noted.

5:10

Yes, Councilman Gonzalez.

5:12

Yeah, I believe that uh we should have it stiffed so that people are going to comply because if we have an ordinance and no fines for violators, they are going to violate this the statute every time that they can.

5:26

I believe it's important that we have an escalating uh fines uh for the for the ordinance.

5:32

So the first time, let's say $25, the second time $50, the third time a hundred, and so on and so forth.

5:40

Totally noted, Councilman Gonzalez.

Discussion Breakdown — Share of Meeting
Public Safety██████████████████████22%
Code Enforcement████████████12%
Affordable Housing███████████11%
Zoning And Land Use██████████10%
Economic Development████████8%
Procedural██████6%
Public Works██████6%
Community Engagement████4%
Public Engagement███3%
Summary of Proceedings

Newark Municipal Council Pre-Meeting Summary – September 19, 2023

This pre-meeting of the Newark Municipal Council took place on Tuesday, September 19, 2023, at approximately 15:00 UTC, ahead of the regular meeting formally noticed for Wednesday, September 20, 2023. Council President LaMonica R. McIver chaired the session. The council reviewed agenda items, heard reports from administration, and took public comment before moving into executive session. No formal votes were recorded during the pre-meeting.

Reports and Ordinances on First Reading

  • Reports from Morris Fairmount Associates and the North Jersey District Water Supply Commission were acknowledged without discussion.
  • Ordinances on first reading were reviewed, including a tax abatement extension for Bergen Street Redevelopment (32 and 10 affordable housing units in the South Ward); a lease with Unified Vailsburg Services Organization for tenant legal services satellite space ($78,281.50); a 30-year tax abatement for 442-448 Washington Street (53 market-rate and 10 affordable units, 35 parking spaces, 707 sq ft retail); a required emergency backup generator for buildings with 40+ units; and an update to barbershop/personal service establishment hours.
  • Regarding the barbershop ordinance, Council Members Quintana, Council, and Gonzalez expressed support for stronger enforcement, explicit language on smoking/hookah and unlawful socializing, and escalating fines. The ordinance will be revised before the next reading.

Public Hearings and Second-Reading Ordinances

  • The $22,000,000 Pequannock Aqueduct rehabilitation bond ordinance, previously deferred, was cleared to proceed after Finance representative Benjamin Guzman confirmed Local Finance Board approval.
  • A $20,000,000 bond ordinance for Newark Housing Authority affordable housing loans was reviewed without questions.
  • Several ordinances to increase Live Newark Loan Forgiveness amounts (facade improvement and closing cost programs) and to create an emergency action plan for the Recreation Department were reviewed.

Resolutions: Appropriations and Grants

  • Temporary emergency appropriations were reviewed: $168,851 for STD testing/follow-up; $110,367 for NJTPA transportation planning (with $95,367 federal, $15,000 supplemental, and $23,841.75 local in-kind match); $4,328,896 for Ryan White HIV/AIDS services; $2,000,000 for Childhood Lead Exposure Prevention; and $2,177,064 for WIC nutrition services.
  • Asked about lead data, Health Director Catelyn Osberg reported 232 active lead cases being managed and offered detailed statistics and an abatement program update.
  • The council reviewed an amendment to rescind a $148,000 award to United Sales USA Corp. and an increase in drone imagery contract funding from $40,000 to $60,000.

Community Violence Prevention Sub-Recipient Contracts

  • A series of ARP-funded sub-recipient contracts was reviewed for youth mentoring, trauma recovery, therapeutic/clinical services, and safe passage. Awards ranged from $95,000 to $300,000; Business Administrator Eric Pennington stated approximately $16 million was committed in the current round and $2 million in the prior year.
  • Office of Violence Prevention Director Uri and Compliance Manager Isaac Green explained monthly expenditure/programmatic reporting, benchmarks tied to scopes of service, and a seven-person compliance team. Councilman Ramos requested sample monitoring tools and payment structure information; Councilman Gonzalez again requested data on Latino Festival spending from the violence prevention unit.

Other Resolutions and Appointments

  • The council discussed a private sale at 6 Mapes Terrace for rehabilitation; Councilman Council proposed and Director Ladd concurred in increasing the price from $8.00 to $10.00 per square foot, making the total $35,000.
  • The Bloomfield Avenue-Lower Broadway BID budget of $1,098,000 was discussed; Chris Bernardo highlighted a partnership with the city on the Salvador Tempo Plaza renovation. Councilman Gonzalez raised double-parking concerns, and Councilman Ramos urged parking meter turnover measures.
  • The council reviewed a professional services contract for elevator modernization ($268,050) and an $18,000,000 Redevelopment Area bond sale for the 777 McCarter project. Councilman Gonzalez requested the net PILOT benefit figure for the project.
  • Legal services amendments ($150,000 increase for DeCotiis, $100,000 special counsel) and a settlement were reviewed; the settlement was deferred to executive session.
  • The 2023 municipal budget resolution, totaling $823,914,910.73, was discussed. Administration said the amendment would not increase the tax rate; the total tax rate was stated as $3.74 and the city portion as approximately $1.09, though the transcript is unclear.
  • A constable appointment, special-event fee waivers, a ceremonial street designation (corrected to Lieutenant Luis Osorio), recognizing/commending resolutions, and expressions of sorrow were reviewed.
  • The council authorized consideration of a $1,156,073.43 grant for 911 system upgrades and an amended NJDEP Volkswagen Mitigation grant increasing to $4,851,375.22 for eight electric refuse trucks with a $537,854.66 city contribution.

Land Use and Zoning Update

  • Director Ladd presented the proposed replacement of Title 41, noting changes from the earlier draft: accessory dwelling units limited to R-1/R-2 zones with roughly 20 conditions and Central Planning Board review; warehouses made conditional uses; retail dry cleaning split from on-site cleaning; and upzoning of commercial corridors.
  • Councilman Gonzalez asked whether Central Planning Board could override the Historic Commission; Director Ladd confirmed CPB is the governing body and the Historic Commission is advisory.
  • Attorney El Norte Webster, in public comment, raised objections to a proposed 35-foot tree-spacing requirement in industrial zones and asked the council to resolve inconsistencies in the ordinance chart.

Code Enforcement and Public Safety Concerns

  • Council members expressed frustration with code enforcement and UCC responses, citing illegal conversions, midnight construction, lack of weekend enforcement, and lost revenue. Council President McIver asked for flyers explaining when and how to call code enforcement.
  • Engineering Director Lawrence Martinez reported on traffic feedback signs: units were being assembled and tested, with locations still to be identified. Councilman Gonzalez pressed for installation of sound-emitting lights near schools and pedestrian crossings.
  • Councilman Ramos and Councilman Quintana objected to a water shutoff at a 200+-unit apartment building and requested a review of city policy.

Public Comments & Testimony

  • Colleen Fields made allegations involving a state trooper and Governor’s Office staff; she used a racial slur. Council President McIver condemned the slur on the record.
  • Attorney El Norte Webster asked for corrections to the zoning ordinance and raised concerns about tree-placement requirements triggering zoning board review.
  • Mr. Brown urged council action on Coach USA bus routes ending October 8, police/fire recruitment, bail reform, code enforcement, and zoning board independence. Council President McIver responded that council has been working with state/federal delegations on Coach USA.
  • Diego Maya and Robinson Bele requested housing assistance for Bele, a youth boxing mentor who lost his home in a fire; Council Members Quintana and Ramos pledged follow-up.
  • Angela Williamson described a dispute over an adopted community garden lot and a denied grant; Council President McIver advised her to consult legal counsel.
  • Mr. Jacob requested police presence near Court Towers during school hours and enforcement against loud motorcycles; his comments were referred to the Public Safety Department.

Key Outcomes

  • 7R1-a (Extra Duty Solutions cooperative agreement) was returned to administration.
  • 7R2-a sale price was amended from $8.00 to $10.00 per square foot, with Council approval to be confirmed at the regular meeting.
  • 9-a (five-year tax abatement for 141-147 NJRR Avenue) was returned to administration for eligibility documentation.
  • The proposed Waverly Yards redevelopment plan referral was withdrawn.
  • Administration was asked to provide: Latino Festival spending details; violence prevention monitoring tools and metrics; net PILOT data for the 777 McCarter project; a towing/booting ordinance comparison; traffic feedback device deployment plan; and code enforcement outreach materials.
  • A letter will be sent to the Parking Authority regarding Bloomfield Avenue meter turnover, and a letter will be sent to administration regarding water shutoff policy.
  • The meeting moved into executive session for personnel and settlement discussion; the next regular meeting is scheduled for Wednesday, September 20, 2023, at 6:30 PM.

Meeting Transcript

Tuesday, September 19th, 2023. Council President, Council Members, we are on page four of the agenda. Item five reports and recommendations of city officers, boards, and commissions. Okay. Any questions from council members regarding boards and commissions? CNN. Item six. Ordinances on first reading. 6FA is an ordinance amending an original tax abatement granted to Bergen Street Redevelopment Urban Renewal LLC to provide for an extension of time to achieve substantial completion of two new apartment buildings. The first containing 32 affordable housing units over commercial space, and the second containing 10 affordable housing units over commercial space in the South Board. Questions or comments? Councilman Council? None. No questions. Okay. Councilman Quintana, no questions. Okay. Next item. 6FB is an ordinance authorizing the mayor or his designee to enter into and execute a lease agreement with Unified Bailsburg Services Organization for satellite office space for the City of Newark's Office of Tenant Legal Services, sponsored by Councilman Kelly. Second by Councilman Gonzalez. Okay. Any questions? Seeing that? Next item. 6FC is an ordinance granting a 30-year tax abatement to 442, 448 Washington Development Urban Renewal LLC for a project to construct a new six-story building consisting of 53 market rate residential rental units, 10 affordable housing units, of which two units shall be restricted to tenants at 40% AMI, three units shall be restricted to tenants at 60% AMI, and five units shall be restricted to tenants at 80% AMI, 35 parking spaces, and 707 square feet of retail space located in the central ward. Questions or comments? Seeing none. Questions from Councilmembers. CNN. Next 6 FE is an ordinance amending Title 18 Housing Code Chapter 3, Responsibilities of Owners Operators, Section 1 Dwelling by Establing Section 1.101A5 requiring an emergency backup generator for apartment buildings or housing units with 40 or more units sponsored by Councilman Council. Second by Councilman Kelly. Questions, comments? Councilman Council? None. Thank you. Okay. Anybody else? Seeing none. Next item. 6F is an ordinance amending Title 8, Businesses and Occupations, Chapter 3, Barbershops, by adding personal service establishment definitions and hours of operations. Sponsored by Councilman Quintana. Okay. Any comments or questions? Councilman Quintana, no comments? Councilman mentioned prior about some of the code enforcement issues and code enforcement and also about some of the conditions of of the smoking of hookahs and alcohol and and and gathering and making it like a uh a place where they do events. Barbershop is, you know, after hours is not a place where you're going to uh make sure that you know we want to make sure that at 10 o'clock it's closed. Not to 11:30, 12 and 1 o'clock in the morning, and people are sitting on a chair drinking beer, whatever it may be. So we want to have some kind of uh I know Councilman Council uh talked about it, Councilman Ramos about the concern about the hookahs, the socializing in front and the whole thing. We need to do put more into the ordinance. We can move it and then we'll do more of adjustments.

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