Newark Municipal Council Regular Meeting - October 4, 2023

The Newark Municipal Council held its regular meeting on Wednesday, October 4, 2023, at 12:30 PM in the Council Chamber at City Hall, 920 Broad Street. The meeting covered first-reading ordinances, public hearings and final passage of ordinances, resolutions, and a hearing of citizens. Key discussions included tax abatements, an emergency backup generator requirement, and the proposed replacement zoning code.

Consent Calendar

• Reports and Recommendations (Item 5): Approved unanimously, including minutes from the Joint Meeting of Essex & Union Counties and the Board of Taxicab Commissioners.
• First-Reading Ordinances (6F-a through 6F-d): Approved unanimously. 6F-a grants a 30-year tax abatement for a 120-unit mixed-use building at 648-652 Raymond Boulevard (East Ward). 6F-b authorizes sale of 237 South Street. 6F-c amends wrecker regulations. 6F-d replaces Title 41 (Zoning and Land Use) – approved with Council Members Gonzalez and Ramos voting no, Silva abstaining.
• Resolutions (7R1-a through 7R12-a): Approved as listed, including contracts for health education materials ($600,000), road salt ($500,000), accounting services ($150,000), a private sale for townhomes at 367-369 Seymour Avenue and 253-255 Lyons Avenue ($59,400), street paving and pedestrian improvements ($4,247,945), tax appeal settlements (total credits of $731,531.24), additional grant funds for the Truancy Alternative Program ($87,441), event fee waivers for a Halloween parade and the NDD Night Market, recognitions and commendations, expressions of sorrow, a park revitalization agreement with BALBA (city contribution not to exceed $300,000), and an amendment for engineering services ($129,590).

Public Comments & Testimony

• Lisa Parker opposed several tax abatements, alleging favors to developers and lack of community benefit. She questioned the source of funds for the tenant legal services lease and the cost burden of the generator ordinance.
• Alif Mohammed expressed general support for new construction, recalling Newark's historic population density, and praised the generator idea but raised concerns about cost pass-through to tenants.
• Evelyn Williams concurred with parking concerns on Washington Street and urged adequate parking in new developments.
• Munirah El-Bomani and others called for a moratorium on tax abatements and a forensic audit of the program.
• Shakir McDougalls, Donna Jackson, and others criticized the administration for lack of research on developers, failing to enforce codes, and neglecting emergency preparedness.
• Santiago Paniagua (via translator) requested permission to erect a statue of Juan Pablo Duarte in Harriet Tubman Park, citing a 2009 council resolution and support from former officials. Councilman Quintana urged the administration to resolve the matter.
• Fakheria Bradley detailed issues at Georgia King Village, alleging unjust eviction proceedings and poor conditions.
• Jacqueline Peoples praised Councilman Council for the new housing authority executive director and called for transparency at the Newark Housing Authority.
• Deborah Mapson described poor conditions at the Riviera shelter (overdoses, infestations, lack of case management) and urged council intervention.
• Eli Kwawukume reported raw sewage flooding in his Georgia King Village basement; code enforcement referral was made.
• John Goldstein and Kim Gaddy (on behalf of South Ward Environmental Alliance) criticized the proposed replacement zoning code (Newark 360), arguing it reduces resident input, allows overdevelopment, increases pollution, and prioritizes developers over residents. They requested a second round of public review.
• Lev Zilbermites praised the coalition that saved bus routes 24, 31, and 44 and urged stronger code enforcement against out-of-town landlords.
• Donna Jackson and others raised concerns about water quality (citing a failed 2022 water report), youth programs, and security at housing complexes.
• Muta Elmin shared his personal experience of retaliation after advocating for sanitation worker wages and asked for support from the council.
• Several other residents spoke on various quality-of-life issues.

Discussion Items

• 6PSF-a – Bergen Street Tax Abatement Extension: Despite public opposition from Lisa Parker alleging misuse of funds and lack of affordability breakdown, the council voted 6-0-1 (Councilman Gonzalez abstained) to approve the extension for two affordable housing buildings (42 units total) in the South Ward.
• 6PSF-b – Tenant Legal Services Lease: Approved 7-0 after Allison Ladd (Director of EHD) explained the office will expand from City Hall to the West Ward and later the South Ward, using grant funds from Victoria Foundation. Council members confirmed the City Hall office will remain open.
• 6PSF-c – Washington Street Tax Abatement: Approved 7-0 after public comments raised parking and density concerns. Council President McIver clarified the tax abatement committee membership.
• 6PSF-d – PSEG License Extension: Returned to administration by council consensus.
• 6PSF-e – Emergency Backup Generators (40+ units): Debate centered on cost pass-through to tenants. Corporation Counsel Kenyatta Stewart affirmed that owners could pass costs onto tenants, potentially through major improvement rent increases. Councilman Ramos and Gonzalez expressed concern about harming tenants. Councilman Council argued for prioritizing safety. The initial roll call was 6 in favor, 1 abstention (Gonzalez), with Councilwoman Scott-Rountree absent. The President declared the motion failed. Later, Councilwoman Scott-Rountree added her vote, making it 7 in favor, 1 abstention, and the ordinance passed.
• 6PSF-f – Barber Shops Ordinance: Deferred for further review of additional changes.
• 7R2-b – Waverly Yards Redevelopment Plan Referral: Deferred.
• 7R2-CAS – Supplemental Zoning Board of Adjustment Resolution: The council approved referral to the Central Planning Board (7-0) after discussion. Councilman Ramos and Gonzalez stressed the need to also improve the permitting process, not just add another board. Director Ladd noted that escrow agreements with developers will fund additional staff.
• Council Motions: Various motions passed, including expressions of sorrow for community leaders, letters to Verizon regarding leaning utility poles, a request for the office issuing permits to explain notification gaps, and a request for a housing security update from the Newark Housing Authority. Council President McIver emphasized the need for the administration to respond to council requests, particularly regarding court cases against non-compliant landlords (e.g., The Colonies at 25 Clifton, the Pavilions parking lot).

Key Outcomes

• Bergen Street Tax Abatement Extension (6PSF-a): Approved (6 yes, 1 abstention).
• Tenant Legal Services Lease (6PSF-b): Approved (7 yes).
• Washington Street Tax Abatement (6PSF-c): Approved (7 yes).
• PSEG License Extension (6PSF-d): Returned to administration.
• Emergency Backup Generator Ordinance (6PSF-e): Passed after initial confusion (final vote 7 yes, 1 abstention). Requires buildings with 40+ units to install generators; costs may be passed to tenants.
• Barber Shops Ordinance (6PSF-f): Deferred.
• Waverly Yards Amendment Referral (7R2-b): Deferred.
• Supplemental Zoning Board Resolution (7R2-CAS): Referred to Central Planning Board.
• All other agenda items (first-reading ordinances, resolutions, and consent items) were approved as presented.
• Public Hearing: Scheduled for October 18, 2023, for first-reading ordinances.
• Next Meeting: The next regular meeting is October 18, 2023 (night meeting).