Newark Municipal Council Regular Meeting - October 3, 2023

The Newark Municipal Council held a regular meeting on Tuesday, October 3, 2023, starting at approximately 12:30 PM in the Council Chamber at City Hall. The agenda listed the meeting date as Wednesday, October 4, 2023, but the meeting was conducted on October 3 as stated in the transcript. The session included reports, ordinances on first and second reading, resolutions, public comments, a presentation on the new police training center, and an executive session for litigation.

Reports and Recommendations

• The council reviewed and accepted reports from city officers, boards, and commissions without discussion, including minutes from the Joint Meeting of Essex & Union Counties (January–May 2023), annual financial reports, and minutes from the Board of Taxicab Commissioners (August–September 2023).

Consent Calendar

• Resolution 7R1-a (Bid Contract for Health Education Materials, $600,000) – Authorized.
• Resolution 7R1-b (Bid Contract for Road Maintenance Salt, Bulk, $500,000) – Authorized.
• Resolution 7R1-c (State Contract for Accounting and Advisory Services, $150,000) – Councilman González questioned the need for outside auditors; Business Administrator Eric Pennington explained conflicts of interest. The resolution was authorized.
• Resolution 7R2-a (Private Sale of City-owned properties for townhome development, $59,400) – Authorized after discussion about lot sizes and pricing.
• Resolution 7R3-a (Bid Contract for Street Paving and Pedestrian Improvements, $4,247,945) – Authorized.
• Resolution 7R4-a (Stipulation of Settlements for Tax Appeals, total credits $731,531.24) – Authorized.
• Resolution 7R7-a (Grant Agreement for Truancy Alternative Program, $87,441) – Authorized.
• Resolution 7R8-a (Amending Children’s Halloween Parade and Car Show) – Authorized.
• Resolution 7R8-b (Waiving Special Event Permit Fee for Newark Downtown District Night Market) – Authorized.
• Resolution 7R8-c (Recognitions and Commendations) – Adopted.
• Resolution 7R8-d (Expressions of Sorrow and Regret) – Adopted.
• Resolution 7R11-a (Memorandum of Agreement with Bloomfield Avenue/Lower Broadway Alliance for park revitalization, City contribution not to exceed $300,000) – Authorized.
• Resolution 7R12-a (Professional Services Contract Amendment for Fastech Consulting Engineers, $129,590) – Authorized.

Public Comments & Testimony

• Damon Rich (East Ward resident, partner at Hector design firm, representing South Ward Environmental Alliance) – Expressed strong opposition to Ordinance 6F-d (zoning code replacement), listing concerns about lower housing standards, environmental injustice, allowance of more polluting businesses near homes, reduced public notice, and potential overcrowding. He urged the council to create an orderly process for further revisions.
• Carla Thomas (Security Director, SEIU 32BJ) – Testified on behalf of 60 security officers at Newark Housing Authority (NHA) who lost jobs and health benefits when the contract was awarded to non-union companies paying near minimum wage with no affordable health care. She asked the council to enforce the worker retention ordinance passed in February 2022.
• Jennifer Williams (Gateway Security worker) – Described her personal experience of uncertainty after NHA’s transition to a new contractor (ProCoPS). She asked the council to enforce the worker retention law so that incumbent officers are hired by the new contractor.
• Deborah Salt (Activist, “Warrior for the People”) – Criticized the council for no longer showing speakers’ faces on the video feed and for allegedly erasing public participation. She also complained about high rents in new developments, festival spending, and lack of community benefit from city events.
• Eli (Name not provided) – Called for a forensic audit of a 24-hour event and accused Mayor Baraka of using political lackeys to harass community advocates. Repeated call for “total recall” of the administration.
• Yambely Gomez (Political Director, SEIU 32BJ, Newark resident) – Thanked the council for passing the worker retention ordinance and urged them to ensure compliance by NHA and its contractors, stating that labor laws are not optional.

Discussion Items

Ordinance 6F-d: Amending and Replacing Title 41 (Zoning and Land Use Regulations)

• Councilman González noted email opposition from the “Five Wards” group and advocated for not expediting approval. Deputy Mayor Allison Ladd outlined major changes made after community feedback: accessory dwelling units restricted to R1 zones and made conditional, strengthened environmental provisions for warehouses, and reverted many uses to conditional. Councilman González maintained his opposition but no vote was taken; the item remained on first reading.

Ordinance 6PSF-f: Amending Barbershop Regulations (Second Reading)

• Councilman Crump requested the written amendments (penalties: $250 first offense, $500 subsequent). Councilman González suggested suspension of license for repeat violations. Councilman Council noted a missing requirement for displaying licenses. The council agreed to defer the ordinance for re-advertisement to incorporate amendments and asked for input from the Police and Law Departments.

Proposed Ordinance on School Drop-off/Pickup Traffic (Starter)

• Business Administrator Eric Pennington introduced an ordinance requiring schools that wish to change traffic patterns to hire Class III special officers and follow city procedures. Council members Crump, Kelly, Silva, and President McIver discussed enforcement issues, double-parking, the need for involvement from the Board of Education and public safety, and a request for a parental education letter. No vote was taken; the item will be refined.

Proposed Supplemental Zoning Board Ordinance (Starter)

• BA Pennington explained that the mayor recommended a supplemental zoning board of adjustments to address the backlog of cases, authorized by recent state legislation. The board would have the same powers as the principal board and operate for one year with possible extension. Councilman Kelly agreed to sponsor. Councilman González and Councilman Council expressed support, with Councilman Council emphasizing the need to expedite development.

Water Department Update

• Councilman Council raised concerns about water shutoffs, billing, and restoration delays. Director Dean reported that the department resumed shutoffs after the state moratorium ended, targeting large delinquent accounts first. He noted that $24 million in state aid for bills had run out. The department is offering payment plans. Councilman Kelly reported a temporary water outage in the West Ward due to a hydrant accident, which was quickly resolved.

Latino Festival Expenditures

• Councilman González requested actual expenditures (not the $148,000 budget) for the Latino festival, suggesting the funds could be redirected to smaller nonprofits for violence prevention. BA Pennington and Councilman Quintana debated the festival’s value, with Quintana criticizing vendor fees, lack of local benefit, and high spending on out-of-city advertising.

Presentation: William Mobile Ashby Community Care Training Center

• Director of Police and Captain Leo Carillo presented the nearly completed training facility. Key features include a 500-seat auditorium, scenario-based training areas, a virtual training system, classrooms, a one-eighth mile indoor track, and community spaces. The facility will train police, fire, and community members. Councilman González asked about certification (pending PTC review) and hiring plans (first class expected March 2024). The council expressed support and urged a marketing strategy to generate revenue from other agencies.

Key Outcomes

• Items Deferred: Ordinance 6F-d (zoning code) remained on first reading; no action taken. Ordinance 6PSF-f (barbershops) deferred for re-advertisement with amendments. Resolution 7R2-b (Waverly Yards Redevelopment Plan referral) deferred on a motion by Councilman Council.
• Items Returned to Administration: Ordinance 6PSF-c (tax abatement for 442-448 Washington Street) – sent back.
• Worker Retention Issue: The council agreed to request a legal opinion from the City Attorney regarding whether the worker retention ordinance applies to the Newark Housing Authority security contract, acknowledging that the NHA is a separate entity and the situation is under litigation.
• Executive Session: The council moved into executive session to discuss litigation matters (specific settlements not publicly detailed).