Newark Municipal Council Regular Meeting - October 2, 2024

The Newark Municipal Council held its regular meeting on Wednesday, October 2, 2024, in the Council Chamber at City Hall. The meeting was called to order at 12:32 PM and adjourned at 3:36 PM. Council Member Michael J. Silva was initially absent, arriving at 12:59 PM. The meeting included a public hearing on the El Sid lease amendment, extensive public comments on the Community Benefits Agreement for 81-93 Orange Street, citizen testimony on budget, housing, and public safety, and the adoption of numerous resolutions and ordinances.

Consent Calendar

• Reports and Recommendations: Accepted financial reports for Morris Fairmount Associates Urban Renewal, LLC (December 31, 2023), Office of the City Clerk Marriage License Bureau (April, May, June 2024), and New Jersey Institute of Technology Warren Lots 2-11 Urban Renewal LLC (June 30, 2024). (Motion adopted 7-0, Silva absent.)
• Routine Resolutions (Unanimous):
  • 7R2-f: Individual Training Account Training Services (not to exceed $1,820,690.00) – adopted 8-0.
  • 7R2-g: First Amendment to Need for Housing Project at 8-12 Park Place (total project cost $147,303,034.00) – adopted 8-0.
  • 7R2-h: Referral of Seventh Amendment to Newark’s River Public Access and Redevelopment Plan to Central Planning Board – adopted 8-0.
  • 7R2-i: Settlement Agreement with Blossom Hill Urban Renewal Corp. – adopted 8-0.
  • 7R2-j: Estoppel Certificate for Broad Street Urban Renewal, LLC – adopted 8-0.
  • 7R3-a: Professional services contract with KS Engineers, P.C. for Ferry Street Intersection Safety Improvements (not to exceed $1,006,993.56) – adopted 8-0.
  • 7R4-a: Stipulation of Settlements for Tax Appeals (total credits -$352,711.43) – adopted 8-0.
  • 7R5-a: Amendment to accept additional HRSA grant funds ($4,054,772.00 total) – adopted 8-0.
  • 7R5-b: Amendment to extend NJACCHO grant period through June 30, 2025 (total project cost $7,689,927.00) – adopted 8-0.
  • 7R6-a: Settlement of civil litigation – German Santos ($300,000.00 from Insurance Trust Fund) – adopted 8-0.
  • 7R8-a: Waiving special event permit fees for Mountain of Fire and Miracles Ministries Ribbon Cutting – adopted 8-0.
  • 7R8-b: Waiving special event permit fees for 11th Annual Mt. Prospect Partnership Hot Rods and Classic Car Show – adopted 8-0.
  • 7R8-c: Exception to public bidding for legal services to City Clerk (Arleo & Donohue, LLC, not to exceed $50,000.00) – adopted 8-0.
  • 7R8-d: Recognizing and Commending (39 items) – adopted 8-0.
  • 7R8-e: Expressing Profound Sorrow and Regret (8 individuals) – adopted 8-0.
  • 7R9-a: Grant for police surveillance cameras ($170,000.00 from Center for Justice Innovation) – adopted 8-0.
  • 7R9-b: Grant for traffic concerns ($10,500.00 from NJ Division of Highway Traffic Safety) – adopted 8-0.
  • 7R12-a: Bid contract for roof replacement (Mak Group, LLC, $839,758.00) – adopted 8-0.
  • 7R12-b: Bid contract for HVAC upgrades at Pequannock Water Treatment Plant (Envirocon, LLC, $4,984,100.00) – adopted 8-0.
  • 7R12-c: Change Order #1 for water main repairs (Montana Construction Corp., Inc., increase to $5,023,152.00) – adopted 8-0.
  • 7R12-d: Change Order #1 for valve inspection (ValveTek Utility Services, Inc., increase to $1,374,064.80) – adopted 8-0.
• Communications: Advanced ordinance amending police personnel to allow hiring entry-level officers without examination to first reading – adopted 8-0.
• Miscellaneous: Approved raffle licenses for St. Lucy's Catholic Church, Parents Org. of St. Benedict's Prep School, Our Lady of Mount Carmel Church – adopted 8-0.

Public Comments & Testimony

Public Hearing on 6PSF-a (El Sid Properties Lease Amendment)

• Lisa Parker questioned why the city contracts with a private entity for a police gun range when the city owns property, alleging favoritism and lack of relief for homeowners and taxpayers.
• Felicia Alston-Singleton criticized the developer (Scott “Scotty” Fields) and the $51,250 monthly rent, calling the arrangement “suspect” and highlighting the city’s deficit.
• Alif Muhammad warned about the developer’s alleged federal scrutiny and urged caution.
• Shakir McDougald questioned why the city did not pay bills in 2020 and suggested a public gun range.
• Debra Salters argued that taxpayers are giving away land and receiving nothing, while seniors struggle.

Public Hearing on 7R2-d (Community Benefits Agreement for 81-93 Orange Street)

• Alif Muhammad criticized the community benefits (art installation, minority business coordination, a sign) as insufficient, stating the city needs affordable apartments, not “art on the side.”
• Lisa Parker demanded project labor agreements, affordable housing percentages, and accountability, accusing the council of “pimping the community.”
• Eric Adams raised concerns about inadequate notification for the community meeting (only legal notice in Star Ledger) and a pattern of poor disclosure.
• Tammy Holloway (president of James Street Commons Neighborhood Association) requested deferral because her association was not invited to the community meeting.
• Felicia Alston-Singleton reiterated that community benefits should reflect community wants, not just city-developer negotiations, and criticized the lack of affordable housing in new developments.
• Shakir McDougald expressed support for structured parking but asked for guidelines on retail (e.g., no more weed shops) and healthy options.
• Debra Salters dismissed the sign as “a sign telling more lies” and demanded tax incentives for residents, not developers.
• Martha Rodriguez (Local 617) urged that city employees and residents be able to afford the apartments.
• Emily Aikens asked for specifics on parking garage capacity and proposed that the sign be a free city-operated asset.
• George Tillman, Jr. pointed out that the community benefits agreement does not include mandatory first-source hiring, affirmative action, or MBE/WBE set-asides, and recommended deferral.

Hearing of Citizens

• Lisa Mitchelson-Parker called for a forensic audit of budgets from 2018–2024, citing alleged violations of Open Public Meetings Act and a $680 million deficit in 2022-2023. She questioned the $20 million rent for a public safety building and lack of revenue from city events.
• Felicia Alston-Singleton argued the city’s inclusionary zoning could be stronger (30-40% AMI), criticized police leadership after videos of officers fighting, and questioned the $22 million interest-free loan.
• Alif Muhammad detailed allegations of corruption involving the mayor’s wife’s friend and land deals at the housing authority.
• Opal R. Wright recited portions of the Dodd-Frank Act regarding payment clearing.
• George Tillman, Jr. requested updates on the Newark Employment Commission and noted that tax abatement revenue is not shown in budgets from 2020-2024.
• Emily Aikens appealed for stricter traffic safety laws around schools after her son was hit by a car, and for better transportation and protection for student athletes.
• Debra Salters called for a meeting with at-large council members, criticized the divide between communities, and warned about unclaimed property scams targeting seniors.
• Shakir McDougald proposed the city purchase “Fit 5” fire suppression devices (2,000-3,000 units at $1,300 each) and raised concerns about surveillance cameras collecting biometric data.
• Debra Mapson complained about harassment from other speakers and asked for protections.
• Rodney Davis criticized mismanagement of traffic signs and police presence on weekends.
• Fahkeira Bradley (via written statement) described an incident at Georgia King Village where she found two individuals in her unit and requested an emergency move.

Discussion Items

• 6F-a (Permit Parking on Adams Street): Sponsored by Council Member Silva; adopted on first reading (6-0-1, President Crump abstained). Public hearing set for October 23, 2024.
• 6PSF-a (El Sid Properties Lease Amendment): Director Allison Ladd explained the 20-year lease for a police gun range, with monthly base rent of $51,250 ($615,000 annually) after a three-year rent-free period. Business Administrator Eric Pennington detailed negotiations, stating the city fought to reduce the rent from the landlord’s higher appraisal. Council member Ramos asked about use by other agencies and revenue; Pennington said other law enforcement can use it and the city receives in-kind or cash payments. The ordinance passed 7-0.
• 7R2-d (Community Benefits Agreement – 81-93 Orange Street): Ladd stated the Aspire-funded project includes 350 apartment units (20% on-site affordable: 5% at 40% AMI, 5% at 60%, 10% at 80%), 8,500 sq ft retail, and structured parking. Community benefits were valued: art installation ($200,000), minority/women business coordination ($100,000), and a city sign on I-280 ($2 million estimated value over project life). Council members questioned community input; Director Ladd said state law requires the developer to negotiate with the city, not directly with the community. Developer attorney Chris Murphy noted a July 8, 2024 community meeting with only two attendees. Council Member Silva, representing the Central Ward (since former Councilwoman McIver had left), moved to defer, citing the need for better community engagement. The motion to defer passed 8-0.
• 7R2-e (Private Sale to S.G. Global Enterprise): Purpose to rehabilitate a two-family home for sale to Newark residents at 60-80% AMI. Originally adopted 5-3 with abstentions. Later in the meeting, Council Members Ramos and Scott-Rountree changed their votes to yes, and the resolution was declared adopted.
• Communications – Police Hiring Ordinance: Deputy Director Sharonda Morris explained the non-civil-service portal hiring process, noting that candidates undergo the same background checks and psychological tests, and civil service list takes priority. Council Members requested data on number hired since authorization.
• Motions: Council passed several motions: sorrow and regret for Loyda Rivera Montalvo, Carlos E. Valentine Zayas, Pastor Jason Guice, Debra Francine Bailey, and Garvey Ince; a motion for DPW to review and replace torn American flags on public buildings; a motion to investigate debris at 500 Summer Avenue; a motion to investigate noise complaints from El Criollo Restaurant; a motion to approve a plaque dedication for three women who died in 2004; and a motion to reduce notice for bulk waste removal from 5 days to 48 hours.

Key Outcomes

• Adopted Ordinances: 6F-a (first reading); 6PSF-a (final passage) – El Sid lease amendment approved.
• Adopted Resolutions: All resolutions listed in the consent calendar were adopted unanimously, except where noted.
• Deferred Resolutions: 7R2-c (Community Collaborations, LLC) and 7R2-d (Community Benefits Agreement) were deferred. 7R2-a and 7R2-b were returned to administration.
• Key Votes:
  • 7R2-e initially passed 5-3 (Gonzalez, Quintana, Silva abstained); later votes changed to 8-0 after additional information.
  • All other votes were unanimous (8-0 or 7-0 when Silva absent).
• Next Steps: Public hearing on ordinance 6F-a set for October 23, 2024. The deferred community benefits agreement will require another community meeting. The police hiring ordinance will advance to first reading. The administration will provide data on officers hired through the non-civil-service route and address the flag maintenance and bulk waste issues.