Newark Municipal Council Regular Meeting – December 6, 2023

The Newark Municipal Council held its regular meeting on December 6, 2023, at 12:30 PM in the Council Chamber. The agenda included ordinances on first and second reading, resolutions, public comments, and various council motions. Key topics included tax abatements, community development, public safety, and holiday events.

Consent Calendar

• Reports and Recommendations: Minutes from the North Jersey Water Supply Commission (Sept. 27, Oct. 25), Newark Housing Authority transcripts (July, Sept., Oct.), Newark Public Library Board minutes (May 24, July 26, Sept. 27), and Joint Meeting of Essex & Union Counties minutes (Aug. 17, Sept. 21) and 2022 Annual User Charge Apportionment Report were approved by roll call.
• Ordinances on First Reading:
  • 6F-a (amending five-year tax exemption/abatement) was deferred.
  • 6F-b (settlement agreement for 152-164 Rutherford Street) and 6F-c (sale and redevelopment at 209-219 Irvine Turner Boulevard) were adopted on first reading with unanimous votes.
• Ordinances on Second Reading and Final Passage:
  • 6PSF-a (tax abatement extension for New Center City Apartments, 49 affordable units at 76-80 Court St. and 40-44 W. Kinney St.) was adopted after public comment.
  • 6PSF-b (25-year tax abatement for Washington 303 Urban Renewal LLC, 74 market-rate and 18 affordable units at 303-309 Washington St.) was deferred after public comment and a motion by Council President McIver due to new information from the tax abatement committee meeting.
  • 6PSF-c (easement agreement for storm drainage pipelines at 49 Rutherford St.) was adopted.
  • 6PSF-d (amending tax abatement for 579 Broad Urban Renewal LLC, reducing market-rate units from 48 to 40 and allowing short-term rentals) was adopted after public comment.
  • 6PSF-e (tax abatement extension for New Irvine Turner Apartments, 94 affordable units in the South Ward) was adopted.
  • 6PSF-f (prohibiting right turns on red at Frelinghuysen Ave. and East Peddie St.) was adopted.
  • 6PSF-g (conveying a permanent easement to the Port Authority for $1) was adopted.
• Resolutions: Most resolutions were adopted, including:
  • 7R1-a (violence prevention contract with Weequahic Park Association, $124,500) – adopted.
  • 7R1-b through 7R1-h (budget insertions for Volkswagen mitigation, COVID testing, homeland security, Jesse Allen Park rehabilitation, 911 system upgrades, school-based clinic, and COVID vaccination) – adopted with two-thirds votes.
  • 7R1-i (external transfer of funds for water utility, $257,776) – adopted.
  • 7R1-j (HUD 2023 One-Year Action Plan, $16,472,151) – adopted.
  • 7R1-k (NJDEP Natural Climate Solutions Grant, $1,228,148) – adopted.
  • 7R1-l through 7R1-r (state and bid contracts for firearms, vehicles, computer equipment, advertising, opioid response, liquid calcium chloride, and barrier maintenance) – adopted.
  • 7R2-a (private sale to Solace Realty Concepts for two-family home at 488 South 12th St.) – deferred.
  • 7R2-b (private sale to Supreme Home Developers for 64-unit building at 575-610 South 10th/11th Sts.) – deferred.
  • 7R2-c (private sale to Stephanie N. Baker for rehabilitation at 77 South 14th St.) – amended to extend timeframe to 24 months and change language from “excavation” to “rehabilitation and refurbish”; then adopted.
  • 7R2-d (architectural services for Mulberry Commons Pedestrian Bridge) – adopted.
  • 7R2-e (remediation agreement with PSE&G for former Market Street Gas Works) – adopted.
  • 7R2-f (declaring 23-37 University Ave. an area in need of redevelopment) – adopted.
  • 7R3-a (dockless vehicle share program with Bird Rides and Veoride) – deferred.
  • 7R3-b through 7R3-d (grant agreements for Ironbound Roundabout, Safe Routes to School, and Ferry Street pedestrian safety) – adopted.
  • 7R5-a through 7R5-d (grant amendments for COVID vaccination, minority health, lead hazard reduction, and COVID testing) – adopted.
  • 7R6-a (settlement of civil litigation, $150,000) – deferred.
  • 7R6-b through 7R6-d (settlement with APS Designs, tax appraisal services, and online legal research) – adopted.
  • 7R7-a (grant for Community Resource Center, $6,732,267) – adopted.
  • 7R8-a (2024 meeting schedule) – amended to change Nov. 18 meeting to Nov. 26 (pre-meeting Nov. 25); then adopted.
  • 7R8-b (2024 holiday schedule) – adopted.
  • 7R8-c (waiving permit fee for Newark Holiday Festival Kick-Off) – adopted.
  • 7R8-d (hold harmless agreement for Three Kings Children’s Celebration) – adopted.
  • 7R8-e (legal services for election matters, $50,000) – adopted.
  • 7R8-f and 7R8-g (recognitions and expressions of sorrow) – adopted, with an amendment to include Dr. Gregory Avery in 7R8-g.
  • 7R12-a (professional engineering for Montclair Rechlorination Station) – adopted.
  • 7R12-b (grant for Ironbound Resiliency HUB Phase I, $997,809 federal share) – adopted.
• Communications:
  • 8-a (appointment of Eugenia Hamlett to Rent Control Board) – adopted.
  • 8-b (ordinance to transfer city-owned properties to Invest Newark) – introduced on first reading.
  • 8-c (30-year tax abatement for Gateway Lofts Urban Renewal, 27 market-rate and 31 affordable units at 84-92 Parkhurst St.) – introduced on first reading.
  • 8-d (multi-way stop sign at Springdale Ave. and North 12th St.) – introduced on first reading.
  • 8-e (amending short-term rental ordinance) – introduced on first reading.
• Raffle Licenses: 25 raffle licenses were approved.

Public Comments & Testimony

• George Tillman Jr. spoke repeatedly on tax abatement ordinances, arguing that the city’s affirmative action ordinance and Newark Employment Commission are not enforced. He requested a halt to tax abatements until compliance is achieved and stated he would seek injunctive relief. He cited lack of resident hiring and oversight.
• Munirah El-Bomani expressed no confidence in the city government, called for a forensic audit of the tax abatement program, and urged state and federal monitors to intervene. She criticized the administration for failing to enforce hiring policies.
• Debra Salters questioned the benefit of tax abatements for market-rate units and short-term rentals at 579-581 Broad Street, noting that the city’s median income is $36,000 for a family of four. She asked why the city grants abatements without clear community benefit.
• Linda McDonald Carter recommended nine pillars of emergency preparedness (communication, defense, shelter, etc.) and urged ordinances requiring backup power, basement evacuation, and fire escapes.
• Debra Salters (later) criticized police response times, stating officers did not respond to car theft attempts despite video evidence. She also objected to the placement of Hope Village 2 homeless shelter next to a liquor store and daycare.
• Mark Mugarero (owner of a pizzeria) said a parklet in front of his business has caused a financial hardship and requested its removal, presenting 500 signatures. He noted the parklet was supposed to be temporary but has remained for years.
• Debra Mapson praised Councilman Kelly for assistance to a family and urged consistency in services at a facility. She also suggested reserving front seats for administration to reduce disruptions during public comments.
• Gee Cureton (West Ward District 13 leader and Georgia King Village resident) reported ongoing issues with slumlord LM: rats, bed bugs, mold, inoperable elevators, no heat, and residents using ovens for warmth. She accused management of fraud and intimidation.
• Angela Williamson asked that her name not be used in city records without permission. She spoke about gardening in food deserts and requested assistance with an adopted lot application.
• Opal R. Wright discussed the Dodd-Frank Wall Street Reform Act and its implications for financial stability.
• Reverend Queen Mother Imakhu (spoke under “Queen Mother Imakha” on agenda) raised ADA issues: need for captioning, sign language interpreters, and warning about flickering lights that can trigger seizures. She also praised the downtown tree lighting but asked for warming places for elderly and disabled at outdoor events.
• Other speakers: Yusuf Shabazz (not present), Tallaucha Hunter (not present), Eli Kwawukume (not present), Jacqueline Peoples (not present), Corey Harris (not present), Dr. Theresa Allen-Johnson (not present) – recorded on agenda but did not speak.

Discussion Items

• Tax Abatement Debate: Business Administrator (BA) delivered a lengthy response to public comments, asserting that long-term tax exemptions provide comparable revenue to regular taxation, increase downtown density, improve public safety, and include affirmative action compliance. He said the city has a compliance team in the Department of Economic and Housing Development (EHD). Council President McIver reminded attendees to respect speakers. Councilman Gonzalez, chair of the tax abatement committee, invited the public to attend committee meetings.
• Affirmative Action Enforcement: Councilwoman Scott-Rountree noted her committee is reviewing the concerns raised by Mr. Tillman and will follow up.
• Parklet Issue: BA committed to investigating the parklet in front of Mr. Mugarero’s business and determining if it should be removed.
• ADA Accessibility: Council President McIver acknowledged the concerns about flickering lights and captioning.
• Community Resource Center: Resolution 7R7-a (grant for center serving homeless residents) was adopted.
• Short-Term Rentals: Councilman Council requested a review of short-term rental ordinances and illegal Airbnbs in the city.

Key Outcomes

• Deferrals:
  • 6PSF-b (Washington 303 tax abatement) deferred for further review after new evidence from tax abatement committee.
  • 7R2-a and 7R2-b (private sales) deferred.
  • 7R3-a (dockless vehicles) deferred.
  • 7R6-a (litigation settlement) deferred.
• Adoptions: All other ordinances and resolutions were adopted as described above.
• Amendments:
  • 7R2-c: changed description from “excavation” to “rehabilitation and refurbish” and extended completion from 12 to 24 months.
  • 7R8-a: changed meeting date from Nov. 18, 2024 to Nov. 26 (pre-meeting Nov. 25).
  • 7R8-g: added Dr. Gregory Avery to the list of expressions of sorrow.
• Appointments: Eugenia Hamlett confirmed to Rent Control Board as Landlord Representative.
• New Ordinances Introduced:
  • Transfer of city-owned properties to Invest Newark (8-b).
  • 30-year tax abatement for Gateway Lofts Urban Renewal (8-c).
  • Multi-way stop intersection at Springdale Ave. and North 12th St. (8-d).
  • Amendments to short-term rental ordinance (8-e).
• Council Motions:
  • Requested letters/directives to Parking Authority for free parking periods; to Department of Public Safety for safety tips on package theft and fire safety; to Department of Public Works for leaf collection and catch basin cleaning; to schedule public safety and education committee meetings; and to bring PSE&G and NJ Transit before the council in early 2024.
• Next Steps: The council will hold a public hearing on ordinances adopted on first reading at the next regular meeting on December 20, 2023.