Newark Municipal Council Regular Meeting – September 5, 2024

The Newark Municipal Council convened on Thursday, September 5, 2024, at 12:30 PM in the Council Chamber of City Hall. The meeting included a short executive session, followed by the regular agenda comprising ordinances on first and second reading, numerous resolutions, a public hearing on the 2024 municipal budget, and a lengthy hearing of citizens. Key topics included a controversial amendment to the Riverfront Redevelopment Plan, a proposed cannabis ordinance, several tax abatements, and the budget hearing, which drew strong public testimony from library workers and residents.

Consent Calendar

• Reports and Recommendations – Approved the Marriage License Bureau financial reports for January–March 2024 (Item 5-a).
• Temporary Emergency Appropriations – Ratified and authorized six grants: Childhood Lead Exposure Prevention ($2,012,500), Immunization Project ($388,000), Ferry Street Intersection Safety Improvements ($1,266,469.22), operating expenses until budget adoption ($61,053,081), STD testing support ($168,851), and other items (7R1-a through 7R1-e).
• Cooperative Purchasing – Authorized the use of Keystone Purchasing Network for safety netting and pitcher’s mound at Jesse Allen Park ($137,841.03) (7R1-f).
• Community Energy Plan – Adopted Newark’s Community Energy Plan via a Memorandum of Agreement with the Newark Green Team (7R1-g).
• Interlocal Agreement – Approved the 2nd Amendment to the Interlocal Agreement with the Newark Parking Authority, restoring ticket revenue sharing to 60%/40% (7R1-h).
• Engineering Grants & Contracts – Approved time extensions for the Morris Canal Bikeway and Downtown Connector projects, additional funding for Ferry Street Safety Improvements, application for Municipal Aid street resurfacing ($2,708,755), and award of the Ironbound Roundabout Safety Improvements contract to Berto Construction, Inc. ($1,298,268.17) (7R3-a through 7R3-e).
• Finance Resolutions – Authorized the sale of $450,000 in bonds for water infrastructure; approved applications for UEZ funding for multiple projects (Clean & Green, Ferry Street Streetscape, Public Safety Patrol, Calabro Square, West Market Cleaning, Orange Street Streetscape, South Ward Streetscape, Exterior Improvements Pilot, Shuttle Bus, South Ward Small Business Loan, Façade Improvement Grant) totaling over $2.2 million; and approved stipulations for tax appeal settlements (7R4-a through 7R4-m).
• Health and Wellness Contracts – Ratified a sub-recipient contract with Apostle’s House for Ryan White HIV services ($164,352), accepted grants for STD testing ($168,851), lead exposure prevention ($2,012,500), immunization ($388,000), and a lead grant extension; also accepted a $2,500 gift from Fidelis Care for National Health Centers Week (7R5-a through 7R5-f).
• Law Department Professional Services – Approved four contracts for litigation defense and labor matters (Rainone Coughlin Minchello, LLC – two contracts at $75,000 each; Schenck Price Smith and King, LLP – $100,000; DeCotiis, Fitzpatrick, Cole, Giblin, LLP – $250,000 with a $150,000 amendment); and authorized the CY 2024 Transitional Aid Loan Agreement ($22,000,000) (7R6-a through 7R6-e).
• Municipal Council and City Clerk – Authorized reading of the 2024 municipal budget by title only; approved ceremonial street designations for Mario Teixeira Jr., Ana Doris Velez, Senior Bishop Collie Edwers, Luso-Americano Newspaper, and Angelo Ellerbee; waived special event permit fees for two back-to-school celebrations; approved hold harmless agreements for the Golden Senior Queen Event and End of Summer Senior Barbecue; adopted a resolution supporting healthcare worker staffing standards; and attesting to the review of the 2022 City Audit (7R8-a through 7R8-l).
• Recognitions and Condolences – Approved recognizing and commending numerous individuals and organizations, and expressing sorrow for the deceased (7R8-m and 7R8-n, amended to include Susan M. Clearly and Dolores Johnson).
• Public Safety Grant – Accepted a $141,360 grant from the U.S. DOJ COPS Office for overtime to address violent crime (7R9-a).
• Recreation MOU – Authorized a Memorandum of Understanding with Ironbound Boxing Academy for youth development (7R11-a).
• Water and Sewer – Approved Amendment #2 for design and construction of Peddie Ditch CSO improvements, increasing contract with Arcadis U.S., Inc. to $549,200 (7R12-a).
• Raffle Licenses – Approved eight raffle licenses (10-a).
• Ordinance on First Reading (Communications) – Advanced an ordinance amending rent control regulations (Item 8-a) to first reading, renumbered as 6F-i.

Public Comments & Testimony

On the Riverfront Redevelopment Plan (6PSF-d):

• Lisa Parker (resident) – Called the ordinance “word salad” and accused the council of not engaging the community. She demanded explanations from the administration.
• Nancy Zach (Ironbound Community Corporation) – Described 30 years of community involvement in riverfront planning. She expressed confusion about the ordinance and urged that open space parcels not be rezoned for development.
• John Goldstein (resident) – Opposed zoning changes without community input, stating that the Iberia property is a “gateway” to the neighborhood. He emphasized that the community was not consulted and called for a genuine community benefits agreement.
• Shavani Hari (resident) – Stated that the development has major zoning changes and spot zoning, and that the city owes the community an explanation. She argued that “affordable” definitions do not reflect the true income of Newark residents (AMI of $37,476 vs. regional $115,000) and requested that the riverfront park be separated from the Iberia development.
• Donna Jackson (resident) – Raised concerns about flooding, pollution, traffic, and infrastructure. She accused Councilman Silva of wanting to make the Ironbound “like Jersey City and Brooklyn” and criticized the lack of enforcement of storm drain regulations.
• Arnold Cohen (resident) – Asked for deferral, citing unanswered questions about environmental impact, flooding, traffic, and affordability. He noted that the planning board originally zoned the site for 12 stories, but now it is proposed for 30 stories.
• Rafael Chavez (organizer) – Representing 4,000 members, he opposed the project due to overpopulation, pollution, and lack of parking. He said the city does not enforce housing laws and that rents are unaffordable.
• Tanisha Garner (co-chair of Homes for All Newark) – Posed specific questions about the community benefits agreement and the boat house relocation. She requested that the city prioritize low- and moderate-income housing.
• Melanie Reyes (North Ward resident) – Raised concerns about language access, noting that the ordinance was only in English despite a new state bill mandating language services. She asked for a postponement until equal access is ensured.
• Natasha Bennett (resident and union laborer) – Supported the project as a source of jobs for Newark residents.
• Abdurman Khan (law professor) – Supported the community organizations and called for a delay until community input is addressed. He argued that the additional 18 stories cannot be justified without proper process.
• Sean Viney (resident and union member) – Supported the project, emphasizing the need for construction jobs for Newark residents, including himself as a recently released inmate.
• David Brinkley (union member) – Supported the project, citing improved infrastructure such as increased parking and sewer upgrades.
• Walee Hart (union member) – Supported the project for job creation, especially for black fathers and inner-city residents.
• Vince Paglivo (Ironbound BID) – Expressed support for the zoning amendment, citing economic benefits, housing, and tax revenue.
• Donna Jackson (again) – Vehemently opposed, citing traffic, failed projects, and the inadequacy of “affordable” housing for low-income residents.
• Bradley Gomier (West Ward resident) – Shared personal experience of homelessness and criticized the bureaucratic process; urged that decisions be made by those affected.
• Matthew Richards (union member) – Supported the project for job opportunities for Newark residents.
• Felicia Alston-Singleton (resident) – Opposed, noting that the MX3 zone originally had height limits and that the community was not respected. She cited ADA violations for lack of interpreters.
• Warrior for the People (resident) – Opposed market-rate housing, arguing that the city needs low- to moderate-income housing, not more market-rate units.
• Trevor Conroy (People’s Organization for Progress) – Opposed, citing abandoned properties that could be used instead of overbuilding.
• Another union supporter – Emphasized the importance of construction jobs for local workers.

On the Zoning and Storm Drainage Ordinance (6PSF-e):

• Asada Rashidi (South Ward Environmental Alliance) – Opposed allowing truck parking in I2 zones, citing pollution and health risks. Also opposed taller four-family houses and reduced parking requirements, arguing they would increase overcrowding and strain infrastructure.
• Lisa Parker (again) – Criticized the “word salad” of the ordinance and accused the administration of lying.
• Felicia Alston-Singleton (again) – Demanded an explanation from an engineer, not from the Economic Development director. She questioned the city’s stormwater management and catch basin cleaning schedule.
• Alif Muhammad (resident) – Supported the residential development concept, saying Newark needs a middle class and that change is necessary.

On the Oak Towers Tax Abatement Extension (6PSF-f):

• Felicia Alston-Singleton – Opposed the extension, alleging corruption and that the developer should not get more time. She noted that the original affordable units were extremely low-income and that the extension could allow market-rate conversion.
• Lisa Parker – Opposed, comparing it to the Nina Simone project and calling for a moratorium on tax abatements.
• Alif Muhammad – Supported the extension, arguing that locking in affordable units is necessary to prevent gentrification.
• Warrior for the People – Questioned the extension given that residents were displaced years ago and still not returned.
• Shakir McDougall – Requested clarification on the term “affordable.”

On the 2024 Municipal Budget:

• Library workers and supporters – Many speakers (Carl Schwartz, Beth Cohen, Stephanie Martinez, Mujan Mogimi, Dr. Lauren Wells, and others) called for increased funding for the Newark Public Library, citing a 25% budget cut since 2007, low wages for staff, closed branches, and unmet needs. They urged the council to raise the library’s allocation.
• Lisa Parker – Criticized the budget as nine months late, lacking revenue streams, and accused the administration of misinformation.
• Gee Cureton (Georgia King Village resident) – Detailed the failing HUD score of 22 for Georgia King Village and called for independent inspection and community engagement in any sale.
• Sheila Montague – Raised issues about a missing section in the towing ordinance that allowed residents to pay $25 to prevent towing, and asked for its reinstatement.

Other Citizen Comments:

• Deborah Salters – Spoke about children’s football program issues and alleged mismanagement by the recreation department.
• Latoya Jackson Tucker – Thanked the council for supporting her book bag drive and called for more community inclusion.
• Donna Jackson – Criticized the police response during a recent incident, questioned the lack of funding for DPW, and demanded accountability.
• Gloria Mills – Questioned the long-term implications of tax abatements and the fencing of Peter Francisco Park.

Discussion Items

Riverfront Redevelopment Plan (6PSF-d):

• Councilman Silva defended the project, stating that two community meetings were held, that infrastructure improvements would mitigate flooding, and that a community benefits agreement would be negotiated with public input. He noted that the vacant lot currently pays minimal taxes and that the project would generate millions for the city. He also addressed the park closure, stating that federal funds were used to fence the park temporarily to address safety issues, but that the park will remain open for community events.
• The ordinance passed with a roll call vote of 7-0-1 (Kelly absent).

Zoning and Storm Drainage Ordinance (6PSF-e):

• Deputy Mayor Allison Ladd explained that the ordinance corrects an accidental prohibition on residential development in commercial areas, allows parking in I2 zones, and makes administrative changes requested by water and sewer departments.
• The ordinance passed with a roll call of 7-0-1 (Kelly absent).

Oak Towers Tax Abatement Extension (6PSF-f):

• After a brief deferral to obtain additional information, the council voted. The amendment extends the completion deadline to February 2, 2027, and includes a stipulation that if HMFA financing is not extended by January 31, 2025, the agreement terminates unless the director grants an additional 12 months.
• The ordinance passed with a roll call of 7-0-1 (Kelly absent).

Budget Hearing:

• The public hearing on the 2024 municipal budget featured extensive testimony from library workers and residents. Business Administrator Eric Pennington responded, stating that the Mayor has funded the library above state requirements but would only consider additional funding if the library demonstrates fiscal oversight, spends the $4.5 million in capital funds already allocated, and develops a philanthropic plan.
• Council members expressed support for the library but agreed that conditions must be met. Councilman Gonzalez moved to postpone the budget adoption until the administration provides requested information. The motion passed unanimously.

Key Outcomes

• Passed: Ordinance 6PSF-d (Riverfront Redevelopment Plan) – 7-0-1 (Kelly absent).
• Passed: Ordinance 6PSF-e (Zoning and Storm Drainage) – 7-0-1 (Kelly absent).
• Passed: Ordinance 6PSF-f (Oak Towers Tax Abatement Extension) – 7-0-1 (Kelly absent).
• Deferred to September 17, 2024: Items 6PSF-a, 6PSF-b, 6PSF-c, 6PSF-g, 6PSF-h (tax abatements and parking ordinances).
• Budget Postponed: The adoption of the 2024 municipal budget was postponed pending receipt of information from the administration (motion by Councilman Gonzalez, seconded by Council President McIver, passed unanimously).
• Ordinance on First Reading: Advanced rent control amendments (Item 8-a) as 6F-i, with public hearing set for September 18, 2024.
• Deferred Resolutions: Several private sale/redevelopment resolutions (7R2-a, 7R2-c, 7R2-e, 7R2-f, 7R2-i) were deferred.
• Amended Resolutions: 7R2-h (Land Bank) was amended to remove 11 properties in the West and South Wards; 7R2-k (rehabilitation of two-family dwelling) was amended to change the location from South Ward to Central Ward.
• Other Items: All other resolutions passed as listed in the Consent Calendar.
• Letter Request: The council approved a motion requesting University Hospital to provide a progress update on the new hospital campus, ER renovations, and EMS collaboration with St. Michael’s Hospital.
• Adjournment: The meeting adjourned after approximately 5 hours.