Newark, New Jersey, January 8, 1997 Prior to the regularly scheduled meeting, various presentations were made by Members of the Municipal Council. A*1s86e 61n uer A regularly scheduled meeting of the Municipal Council of the City of Newark, New Jersey, was held on the above date in the Council Chamber, second floor, City Hall, Newark, New Jersey, at 1:22 P.M. The audience arose for the National Anthem. The Invocation was offered by Council President Donald Bradley. Present: Council Members Chaneyfield, Crump, Martinez, Quintana, Rice, Tucker, President Bradley, Deputy City Clerk Claude Wallace, Deputy Clerk of the Municipal Council, Assistant Corporation Counsels Donna J. Dorgar and Claude Walker, Legal Research Officer Elmer Herrmann, Public Relations Consultants Harold Edwards, Owen Petrie and Donyale Ryan, Lieutenant John Rotonda, Detectives Ilia Aquino and Tony ' Masino, Sergeants-At-Arms. Absent: Council Members Branch, Carrino. (Council Member Carrino arrived at 1:45 P.M.) President Bradley stated that Council Member Branch is not present at this meeting due to illness. Deputy City Clerk Wallace stated, "In accordance with New Jersey P.L. 1975, Chapter 231, Section 5, adequate notice of this meeting has been provided by notifying by mail the Star Ledger and the Jersey Journal, by posting on the designated bulletin board in the basement of City Hall and by filing in the Office of the City Clerk on December 30, 1996, the schedule of regular meetings and conferences of the Newark Municipal Council. In addition, the agenda of this meeting was disseminated on January 2, 1997, at the time of its preparation. All persons who prepaid for advance notice of meetings also received copies of the schedule and agenda as required by law." REPORTS AND RECOMMENDATIONS OF CITY OFFICERS, BOARDS AND COMMISSIONS. (Copies of Reports and Recommendations are available for perusal upon application to the Office of the City Clerk) 4-a. The Deputy City Clerk presented Copy of Minutes of Meeting of Joint Meeting Maintenance, held November 14, 1996. A motion that the Copy of Minutes be received was made by the Council of the Whole and adopted by the following votes: Yes: Council Members Chaneyfield, Crump, Martinez, Quintana, Tucker, President Bradley. Absent During Roll Call: Council Member Rice. Absent: Council Members Branch, Carrino. The Deputy City Clerk presented 1997 Annual Assessment Report of Joint Meeting of Essex and Union Counties. A motion that the Report be received and placed on file was made by the Council of the Whole and adopted by the following votes: Yes: Council Members Chaneyfield, Crump, Martinez, Quintana, Tucker, President Bradley. Absent During Roll Call: Council Member Rice. Absent: Council Members Branch, Carrino. January 8, 1997 A motion that the Copy of Minutes be received was made by the Council of the Whole and adopted by the following votes: Yes: Council Members Chaneyfield, Crump, Martinez, Quintana, Tucker, President Bradley. Absent During Roll Call: Council Member Rice. Absent Council Members Branch, Carrino. The Deputy City Clerk presented Quarterly Report of Division of Tax Abatement and Special Taxes, for period July 1, 1996 to September 30, 1996, submitted by Finance Director Jean. (Copy submitted to each Member of the Council) A motion that the Report be received and staff study be made thereon to the Municipal Council was made by the Council of the Whole and adopted by the following votes: : Yes: Council Members Chaneyfield, Crump, Martinez, Quintana, Tucker, President Bradley. Absent During Roll Call: Council Member Rice. Absent: Council Members Branch, Carrino. ORDINANCES. Ordinances on First Reading. President Bradley called for ordinances on first reading. 6-F-a. The Deputy City Clerk read An Ordinance amending Section 23:4-1, Trucks Over 4 Tons Exciuded from Certain Streets, of Title 23, Traffic and Parking of the Revised Ordinances of the City of Newark, 1966, as amended and supplemented, excluding trucks over 4 tons on Goodwin Avenue. (South Ward) (Prohibits any truck over 4 tons from traveling on Goodwin Avenue, between Lehigh and Renner Avenues) (Copy of ordinance and correspondence submitted to each Member of the Council) (Awaiting approval of Departrnent of Transportation, Division of Traffic Engineering) A motion to defer action on the ordinance awaiting approval of Department of Transportation, Division of Traffic Engineering was made by the Council of the Whole and declared adopted by President Bradley by the following votes: Yes: Council Members Chaneyfield, Crump, Martinez, Quintana, Rice, Tucker, President Bradley. Absent: Council Members Branch, Carrino. 6-F-b. The Deputy City Clerk read An Ordinance amending Section 23:4-1, Trucks Over 4 Tons Excluded from Certain Streets, of Title 23, Traffic and Parking of the Revised Ordinances of the City of Newark, 1966, as amended and supplemented, excluding trucks over 4 tons on Fabyan Place. (South Ward) (Fabyan Place from Field Place to Township of Hillside Line) (Copy of ordinance and correspondence submitted to each Member of the Council) (Awaiting approval of Department of Transportation, Division of Traffic Engineering) A motion to defer action on the ordinance awaiting approval of Department of Transportation, Division of Traffic Engineering was made by the Council of the Whole and declared adopted by President Bradley by the following votes: Yes: Council Members Chaneyfield, Crump, Martinez, Quintana, Rice, Tucker, President Bradley. Absent: Council Members Branch, Carrino. -2- January 8, 1997 6-F-c. The Deputy City Clerk read An Ordinance amending Section 23:5-2, Parking Prohibited at Certain Times, of Title 23, Traffic and Parking, of the Revised Ordinances of the City of Newark, New Jersey, 1966, as amended and supplemented, by revising parking prohibitions in the core area. (Both sides, from 7 A.M. to 9:30 A.M., and from 4:00 P.M. to 6:00 P.M. Monday through Friday Deleting: | Core area, beginning at a point formed by the intersection of Center Street and McCarter Highway; thence west on Lombardy Street to Atlantic Street; thence north on Atlantic Street to Bridge Street; thence west on Bridge Street to Broad Street; thence north on Broad Street to Orange Street; thence west on Orange Street to High Street; thence south on High Street to William Street; thence east on William Street to Broad Street; thence south on Broad Street to Walnut Street; thence east on Walnut Street to Mulberry Street; thence north on Mulberry Street to Park Street; thence west on Park Street to Kitchell Street; thence north on Kitchell Street to Center Street; thence finally east on Center Street to its intersection with McCarter Highway, the point of beginning. Adding: Broad Street, between Court Street and Orange Street; Dr. Martin L. King Boulevard, between William Street and Orange Street; Edison Place, Between Broad Street and Mulberry Street; Branford Place, between Broad Street and Springfield Avenue; Halsey Street, between Market Street and Washington Place; Lafayette Street, between Broad Street and Mulberry Street; Market Street, between Mulberry Street and Dr. Martin L. King Boulevard; Mulberry Street, between Court Street and Centre Street; Central Avenue, between Dr. Martin L. King Boulevard and Broad Street; Park Place, betveen Raymond Boulevard and Broad Street; Raymond Boulevard, between Dr. Martin L. King Boulevard and Mulberry Street; Orange Street, between Dr. Martin L. King Boulevard and Broad Street; University Avenue, between William Street and Orange Street; Warren Street, between Dr. Martin L. King Boulevard and Halsey Street Washington Street, between William Street and Broad Street; William Street, between Dr. Martin L. King Boulevard and Broad Street. (revises the parking restrictions located within the Central Business District) (Copy of ordinance and correspondence submitted to each Member of the Council) (Awaiting approval of Department of Transportation, Division of Traffic Engineering) (Engineering Director Lazarus met with Council October 22, 1996) A motion to defer action on the ordinance awaiting approval of Department of Transportation, Division of Traffic Engineering was made by the Council of the Whole and declared adopted by President Bradiey by the following votes: Yes: Council Members Chaneyfield, Crump, Martinez, Quintana, Rice, Tucker, President Bradley. Absent: Council Members Branch, Carrino. ORDINANCES ON PUBLIC HEARING, SECOND READING AND FINAL PASSAGE. President Bradley called for ordinances on public hearing, second reading and final passage. 6-Ph, S & F-a. The Deputy City Clerk: The following ordinance was adopted on first reading, advertised in accordance with law and a hearing date set. It is now before you for public hearing, second reading and final passage: January 8, 1997 Ordinance amending Section 23:3-5, No Turn on Red, of Title 23, Traffic and Parking of the Revised Ordinances of the City of Newark, New Jersey, 1966, as amendec and supplemented, by regulating right turns on red at the intersections of Bergen Street and 12th Avenue. BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY: Section 1. That Section 23:3-5, No Turn On Red of Title 23, Traffic and Parking, of the Revised Ordinances of the City of Newark, New Jersey, 1966, as amended and supplemented be amended by adding thereto the following: Intersection: Bergen Street and 12th Avenue Right Turn On Red South on Bergen Street to west on 12th Avenue From 7:00 a.m. to 6:00 p.m.. Monday through Friday Section 2. Any existing ordinances or parts thereof inconsistent with this ordinance are hereby repealed. . Section 3. This ordinance shall take effect upon final passage and publication and in accordance with the laws of the State of New Jersey. Section 4. That a copy of this ordinance be forwarded to the Commissioner of Transportation for approval. STATEMENT: This ordinance prohibits any motorist from making a right turn on red at the intersection of Bergen Street and 12th Avenue. President Bradiey called for those desiring to be heard on the ordinance to approach the rail, give their name and address and be heard. o No one appearing, a motion to close the hearing and adopt the ordinance on second reading and final passage was made by Council Member Rice, seconded by President Bradley and declared adopted by President Bradley by the following votes: Yes: Council Members Chaneyfield, Crump, Martinez, Quintana, Rice, Tucker, President Bradley. Absent: Council Members Branch, Carrino. President Bradley: The yeses are seven, the noes are none and two absent. This ordinance having been read on two separate days and having achieved the vote required by the statute, is declared adopted. The Deputy City Clerk is directed to deliver same to the Mayor for his approval or disapproval. 6-Ph, S & F-b. The Deputy City Clerk: The following ordinance was adopted on first reading, advertised in accordance with law and a hearing date set. It is now before you for public hearing, second reading and final passage: Ordinance granting five (5) years of tax abatement to the owners of the qualified residentia! structure, more specifically identified on the official tax map as Block 2049, Lot 20.05 and more commonly known as 2 St. Francis Street, for the period commencing from the date of issuance of the Certificate of Occupancy and expiring five (5) years thereafter. January 8, 1997 WHEREAS, Jose A. Jeronimo and Ana Goncalves filed a timely application with the City of Newark requesting a five (5) year tax abatement on the residential property located at 2 St. Francis Street, also known as Block 2049, Lot 20.05 on the Official Tax Map for the City of Newark; and WHEREAS, Jose A. Jeronimo and Ana Goncalves have requested that the City of Newark grant a tax abatement pursuant to NaL S. A., 54:4-3.139 et seq, and the Revised Ordinances of the City of Newark (R.O. 10:15-1 et seg,, as amended) which provide for five (5) years tax abatement for new residential construction in order to reduce the substantially high tax burdens and to stabilize and maintain the viability of the neighborhood; and WHEREAS, Jose À. Jeronimo and Ana Goncalves have provided the City of Newark with the necessary Architect's Certification, Certificate of Occupancy and Affidavit of Residency; and WHEREAS, Jose A. Jeronomi and Ana Goncalves have Satisfied the City of Newark regarding ownership of the aforementioned residential property and are eligible for a tax abatement pursuant to N,J,S,AÀ. 54:4-3.139 et seq, and the Revised Ordinances of the City of Newark (R.O. 10:15-1 et seq., as amended); and WHEREAS, it has been determined to be in the City of Newark's best interest to approve the tax abatement to Jose A. Jeronimo and Ana Goncalves. NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT: 1. Pursuant to the Laws of the State of New Jersey (N.J,S.A. 54:4-3.139 et seq.) and: the Revised Ordinances of the City of Newa (R.O. 10:15-1, et seg., as amended), the Municipal Council for the City of Newark hereby approves, as in its best interest, the Application and Financial Agreement with the property owners, Jose A. Jeronimo and Ana Goncalves and the granting of a tax abatement for the qualified residential property located at 2 st. Francis Street, more commonly known as Block 2049, Lot 20.05 on the Official Tax Map for the City of Newark. 2. In consideration of said tax abatement on the qualified residential property as identified in the attached application, the property owners shall remit to the City of Newark an annual payment in lieu of taxation for ‘the improvements identified thereon in the amount representing two percent (2%) of the total cost for said improvements, the total being in the amount of $2,400.00. 3. The annual payments in lieu of taxation on the qualified residential property identified in the application shall be paid quarterly, together with, and on the same due dates as the taxes assessed upon the land for said premises. . 4. Nothing herein shall, impliedly or otherwise, relieve said property owners from the obligation to comply with and conform to all applicable statutes, municipal ordinances, and the lawful regulations, made pursuant thereto, governing land, building(s) and the use thereof. January 8, 1997 5. The tax abatement hereby granted shall be in effect for a period of not more than five (5) years commencing from the date of the issuance of a Certificate of Occupancy and expiring five (5) years thereafter, unless terminated sooner pursuant to the requirements of the Agreement. The Municipal Council ratifies the granting cf the tax abatement for the period from the date of issuance of the Certificate of Occupancy, as more specifically identified in the attached application, to the date of adoption of this Ordinance. 6. The tax abatement hereby granted is based upon the applicants'/owners' representations and supporting documentation identifying the subject property as two (2) family residential unit(s) of approximately 4,284 square feet with a total project cost of $120,000.00 as certified to by a Licensed Architect. During the life of the tax abatement, any constructional changes and/or improvements to the interior and/or exterior of the residential structure inconsistent with the original Application, Certificate of Occupancy and Architect's Certification must be presented to and approved by the Municipal Council for the City of Newark prior to initiating same. The property owners are responsible for filing the formal, written application with the City of Newark, Office of Tax Assessor, detailing all proposed constructional changes and/or improvements and identifying al? amendments to and/or effects upon the terms and conditions of the tax abatement Agreement between the property owners and the City of Newark consistent with Addendum "A" of the Financial Agreement. 7. The Mayor, on behalf of the City of Newark, is hereby authorized to execute and the City Clerk, to attest and affix the seal of the City of Newark to the aforementioned Agreement for tax abatement. Same to be approved as to form and legality by the Corporation Ccunsel. An executed copy of the Agreement and Application shall be placed on file in the Office of the City Clerk by the Manager, Division of Tax Abatement and Special Taxes. 8. The herein identified residential property shall be subject to the total tax levy and administrative fee as more fully set forth in the Financial Agreement. 9. The applicants/owners are required to pay all outstanding taxes and/or water and sewer charges prior to the execution of the Financial Agreement. OU 10. The applicants/owners of the subject residential property must submit sufficient proof of residency to the Manager, Division of Tax Abatement and Special Taxes within twenty (20) days of final passage of this Ordinance. ll. The approval of this Tax Abatement is conditioned upon the receipt by the Office of Corporation Counsel of a favorable certification from both the Department of Engineering and the Central Planning Board. An unfavorable certification issued by either Department will cause the tax abatement to be automatically recinded. 12. The Tax Assessor, Tax Collector, and Manager of the Division of Tax Abatement and Special Taxes are hereby authorized to take any and all necessary action to implement the provisions of this Ordinance. January 8, 1997 13. The property shall be subject to inspection by the : Department of Engineering and in the event any violations of the municipal ordinances, regulations and safety codes are found to exist, the Financial Agreement shall be rescinded ab initio. . 14. The Department of Engineering shall file its inspection report with the Office of the City Clerk within three (3) months of passage of this Ordinance. 15. This Ordinance shall take effect upon final passage and publication according to law. STATEMENT Ordinance granting a five (5) year tax abatement to Jose A. Jeronimo and Ana Goncalves for the residential property located at 2 St. Francis Street and more commonly known as Block 2049, Lot 20.05 on the ‘Official Tax Map for the City of Newark. President Bradley called for those desiring to be heard on the ordinance to approach the rail, give their name and address and be heard. No one appearing, a motion to close the hearing and adopt the ordinance on second reading and final passage was madé by Council Member Martinez, seconded by Council Member Quintana and declared adopted by President Bradley by the following votes: . Yes: Council Members Chaneyfield, Crump, Martinez, Quintana, Rice, Tucker, President Bradley. Absent: Council Members Branch, Carrino. President Bradley: The yeses are seven, the noes are none and two absent. This ordinance having been read on two separate days and having achieved the vote required by the statute, is declared adopted. The Deputy City Clerk is directed to deliver same to the Mayor for his approval or disapproval. 6-Ph, S & F-c. The Deputy City Clerk: The following ordinance was adopted on first reading, advertised in accordance with law and a hearing date set. It is now before you for public hearing, second reading and final passage: Ordinance granting five (5) years of tax abatement to the owners of the qualified residential structure, more specifically identified in the attached Exhibit A, for the period commencing from the date of issuance of the Certificate of Occupancy and expiring five (5) years thereafter for Block 1992, Lots 42.02, 42.03, 42.04 and 42.05. WHEREAS, Riverbank Urban Renewal, Inc., the developer, constructed four (4), two (2) family residential structures in the City of Newark without benefit of tax abatement; and WHEREAS, Riverbank Urban Renewal, Inc., subsequently conveyed title to these four (4), two (2) family residential structures on various dates to various purchasers whose names are more specifically identified in the attached Exhibit A; and January 8, 1997 WHEREAS, the respective owners of each residential structure, more specifically identified in the attached Exhibit A, have requested that the City of Newark grant a tax abatement pursuant to N olL S.A. 54:4-3.139 et seq., and the Revised Ordinances of the City o: Newark (R.O. 10:15-1, et seq., as amended), which provide for five (5) years tax abatement for new residential construction in order to reduce the substantially high tax burdens and to stabilize and maintain the viability of the neighborhood; and WHEREAS, the respective owners of each residential structure, more specifically identified in the attached Exhibit A, have provided the, City of Newark with the necessary Architect's Certification, Certificate of Occupancy and Affidavit of Residency; and WHEREAS, the respective owners of each residential structure, more specifically identified in the attached Exhibit A, have satisfied the City of Newark regarding ownership of the residential structures identified in Exhibit A and each being eligible for a tax abatement pursuant to NJ,S.A. 54:4-3.139, et seg, and the Revised Ordinances of the City of Newark (R.O. 10:15- 1, et seg., as amended); and WHEREAS, it has been determined to be in the best interest of the City of Newark to approve the tax abatement for the respective owners of the residential structures, more specifically identified@Enfthe attaghed Exhibit .A. NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT: 1. Pursuant to the Laws of the State of New Jersey (N,.J,S.A., 54:4-3.139 et seq.) and the Revised Ordinances of the City of Newark (R.O. 10:15-1, et seq., as amended), the Municipal Council for the City of Newark hereby approves, as in its best interest, the Application and Financial Agreement with the property owners more specifically identified in Exhibit A attached hereto and made a part hereof, and the granting of a tax abatement for the qualified residential property more specifically identified in the attached Exhibit A and on the Official Tax Map for the City of Newark. 2. In consideration of said tax abatement on the qualified residential property as identified in the attached applications, the respective property owners shall remit to the City of Newark an annual payment in lieu of taxation for the improvements identified thereon in the amount representing two percent (2%) of the total cost for said improvements, the total being more specifically set forth in the attached Exhibit A. 3. The annual payments in lieu of taxation on the qualified residential -property identified in the respective applications shall be paid quarterly, together with, and on the same due dates as the taxes assessed upon the land for said respective premises. 4. Nothing herein shall, impliedly or otherwise, relieve said respective property owners from the obligation to comply with and conform to all applicable statutes, municipal ordinances, and the lawful regulations, made pursuant thereto, governing land, building(s) and the use thereof. | January 8, 1997 5. The tax abatements hereby granted shall be in effect for a period of not more than five (5) years commencing from the date of the issuance of a Certificate of Occupancy and expiring five (5) years thereafter, unless terminated sooner pursuant to the requirements of the Agreement. The Municipal Council ratifies the granting of the tax abatement for the period from the date of issuance of the Certificate of Occupancy, as more specifically identified in the attached applications.,t o the date of adoption of this Ordinance. 6. The tax abatements hereby granted are based upon the respective applicants'/owners' representations and supporting documentation identifying the respective subject property as two (2) family residential units and which square footage and total project cost relating to the respective units is set forth more specifically in the attached Exhibit A. During the life of the tax abatement, any constructional changes and/or improvements to the interior and/or exterior of the residential structure inconsistent with the original Application, Certificate of Occupancy and Architect's Certification must be presented to arid approved by the Municipal Council for the City of Newark prior to initiating same. The respective property owners are responsible for filing the formal, written applicatiowint h the City of Newark, Office of Tsx Assessor, detailing all proposed constructional changes and/or improvements and identifying all amendments to and/or effects upon the terms and conditions of the tax abatement Agreement between the respective property owners and the City of Newark consistent with Addendum "A" of the Financial Agreement. 7. The Mayor, on behalf of the City of Newark, is hereby authorized to. execute and the City Clerk, to attest and affix the seal of the City of Newark to the aforementioned Agreement for tax abatement. Same to be approved as to form and legality by the Corporation Counsel. An executed’ copy of the Agreement and Application shall be placed on file in the Office of the City Clerk by the Manager, Division of Tax Abatement and Special Taxes. . . 8. The herein identified respective residential property Shall be subject to the total tax levy and administrative fee as more fully set forth in the Financial Agreement. 9. The respective applicants are required to pay all outstanding taxes and/or water and sewer charges prior to the execution of the Financial Agreement. 10. The applicants/owners of the respective subject residential property must submit sufficient proof of residency to the Manager, Division of Tax Abatement and Special Taxes within twenty (20) days of final passage of this Ordinance. 11. The approval of these Tax Abatements is conditioned upon the receipt by the Office of Corporation Counsel of a favorable certification from both the Department of Engineering and the Central Planning Board. An unfavorable certification issued by either Department will cause the tax abatement to be automatically rescinded. 12. The Tax Assessor, Tax Collector, and Manager of the Division of Tax Abatement and Special Taxes are hereby authorized to take any and all necessary action to implement the provisions of this Ordinance. January 8, 1997 13. The respective residential property shall be subject to inspection by the Department of Engineering and in the event any . violations of the municipal ordinances, regulations and safety codes are found to exist, the Financial Agreement shall be rescinded ab initio. 14. The Department of Engineering shall file its inspection report with the Office of the City Clerk within three (3) months of passage of this Ordinance. 15. This Ordinance shall take effect upon final passage and publication according to law. 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