Title
Dept/ Agency: Engineering
Action: (X ) Ratifying (X) Authorizing ( X ) Amending
Type of Service: Change Order/Amend Resolution
Purpose: Amending Blue Acres Memorandum of Understanding between the City of Newark and the New Jersey Department of Environmental Protection to participate in the New Jersey Department of Environmental Protection, Superstorm Sandy Blue Acres Acquisition Program (Blue Acres) to acquire properties along the Passaic River for flood control purposes
Entity Name: New Jersey Department of Environmental Protection
Entity Address: Mail Code: 501-01, PO Box 420, Trenton, New Jersey 08625-0420
Contract Amount: N/A
Funding Source: N/A
Contract Period: Upon authorization by the Newark Municipal Council
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Amending Resolution 7R1-a (s), adopted December 9, 2014
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WHEREAS, the Sandy Blue Acres Program is a voluntary acquisition program administered by the New Jersey Department of Environmental Protection (NJDEP) Green Acres Program, whose goal is to acquire flood prone residential properties from willing sellers to protect/restore flood plains as open space and to remove people from harm’s way; and
WHEREAS, such acquisitions and the removal of structures situated on properties acquired for flood control purposes will result in the alleviation of adverse social and economic impacts on the residents in this area during periodic flooding and also will result in lessening the intensity of the periodic flooding by increasing the area of absorption of flood waters; and
WHEREAS, pursuant to Resolution 7R1-a (s), adopted on December 9, 2014, the City of Newark Municipal Council authorized the Mayor and/or his designee, the Assistant Business Administrator, to enter into and execute a Memorandum of Understanding (MOU) with the NJDEP to participate in the Sandy Blue Acres Program to acquire ten (10) identified flood prone, residential properties (see attached Original MOU dated December 24, 2015 Exhibit 1: List of Subject Properties) from their willing owners to protect/restore flood plains as open space and to remove people from harm’s way; and
WHEREAS, the City of Newark received notice from the NJDEP on May 29, 2015 (a copy of the correspondence is attached hereto and made a part hereof) that the original property list needed to be corrected and that additional properties would be added to the program after outreach to residents with properties in the Esther/Joseph Streets neighborhood; and
WHEREAS, the Department of Administration seeks to amend Resolution 7R1-a (s) and MOU, adopted on December 9, 2014, to update the list of properties participating in the Sandy Blue Acres Program by adding five (5) additional properties (22 Joseph Street, 26 ½ Joseph Street, 9 Esther Street, 9 ½ Esther, 19 ½ Esther Street) ; and
WHEREAS, the Department of Administration seeks to amend and ratify Resolution 7R1-a (s) and MOU, adopted on December 9, 2014, to correct and remove property 287 Park Avenue- West Ward and add replacement property 25 Esther Street; and
WHEREAS, all other terms and conditions of the MOU remain the same and have not changed.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, the Business Administrator, on behalf of the City of Newark, is hereby authorized to amend and ratify the Memorandum of Understanding (MOU) between the City and the NJDEP to allow additional flood prone, residential properties to participate in the Sandy Blue Acres Program to protect/restore flood plains as open space and to remove people from harm’s way (A copy of the MOU and updated property list is attached and made a part hereto).
2. Resolution 7R1-a (s), adopted on December 9, 2014, is amended to update the list of additional properties, and ratified to correct properties participating in the Sandy Blue Acres Program.
3. The State, through the negotiated terms of the MOU, shall cause the fifteen (15) properties participating in the Sandy Blue Acres Program to be appraised at pre-storm market value by an independent, certified appraiser, using sales of comparable homes sold prior to Sandy, provided the owner held title to the property prior to Sandy.
(22 Joseph Street, 24 Joseph Street, 26 ½ Joseph Street, 9 Esther Street, 9 ½ Esther Street, 11 Esther Street, 13 Esther Street, 15 Esther Street, 15 ½ Esther Street, 19 Esther Street, 19.5 Esther Street, 21 Esther Street, 25 Esther Street, 31-33 Esther Street, 102 Albert Avenue).
4. The State will, at its own expense, conduct environmental assessments, title searches, and demolition and remediation of the properties.
5. The Mayor and/or the Business Administrator, the Deputy Mayor/Director of Economic and Housing Development, the Director of Engineering and Director of Neighborhood and Recreational Services, shall ensure compliance with the City’s responsibilities to manage and maintain the vacant, flood-prone properties, secure the structures and premises to prevent vagrancy and vandalism until demolition work is concluded. It is estimated that the cost to maintain the fifteen (15) properties during the demolition phase shall not exceed $2,450.00 at a cost of approximately $245.00 per property.
6. As a condition of the purchase agreements, the properties will be deed restricted as open space in accordance with the Green Acres statutes and regulations. The Mayor and/or the Business Administrator, the Deputy Mayor/ Director of Economic and Housing Development, Director of Engineering and the Director of Neighborhood and Recreational Services, shall ensure that upon completion of the demolition, the properties are maintained as open space and remain open to the public.
7. The annual cost to maintain the fifteen (15) properties as open space, as estimated by the City, is expected not to exceed $44,100.00 at a cost of approximately $2,940.00 per property. NJDEP had not provided or endorsed this estimate.
8. The Business Administrator shall identify the appropriate budget to charge based upon the phase of the program and condition of the properties.
9. The list of properties to be acquired may only be amended upon the mutual agreement of the Parties. The Mayor and/or the Business Administrator are authorized to make subsequent amendments to the property list on behalf of the City.
10. The Business Administrator shall file a fully-executed copy of the Amended MOU, and any subsequent amendments to the property list, along with any supporting documents authorized herein with the Office of the City Clerk.
STATEMENT
This resolution amends Resolution 7R1-a (s), adopted on December 9, 2014, and ratifies and authorizes the actions taken by the Mayor and/or his designee, the Business Administrator, to correct and update the list of properties participating in the New Jersey Department of Environmental Protection Sandy Blue Acres Program to acquire residential, flood-prone properties from willing sellers to protect/restore flood plains as open space and to remove people from harm's way. The Mayor and/or the Business Administrator, shall ensure that the properties are maintained as open space in perpetuity because the acquired properties will be permanently deed restricted as open space and must remain open to the public In accordance with Green Acres statutes and regulations.