The council of the city of hoboken

 

Minutes for meeting of January 15, 2020

 

 

Council President Jennifer Giattino opened the meeting at 7:00 P.M. and stated, “I would like to advise all those present that notice of this meeting has been provided to the public in accordance with the provisions of the Open Public Meetings Act, and that notice was published in the Jersey Journal and on the City website, copies were provided in the Hoboken Reporter, The Record, The Newark Star-Ledger and also placed on the bulletin board in the lobby of City Hall. If any Councilperson or member of the public believes that this meeting, or any portion thereof, is in violation of the Open Public Meetings Act, they are requested to so advise the City Council and City Clerk at this time, or at the time of the believed violation, in accordance with N.J.S.A. 10:4-17.  Written objections, if any, shall be made in writing to the City Clerk.”

 

 

Call to Order

Attendee Name

Title

Status

Arrived

Phil Cohen

5th Ward Council Member

Present

 

Mike DeFusco

1st Ward Council Member

Absent

 

James Doyle

Council-at-Large

Present

 

Vanessa Falco

Council-at-Large

Present

 

Tiffanie Fisher

2nd Ward Council Member

Present

 

Emily Jabbour

Council-at-Large

Present

 

Ruben Ramos

Council Vice President

Present

 

Michael Russo

3rd Ward Council Member

Present

 

Jennifer Giattino

Council President

Present

 

 

Proclamation for Peter Cunningham

2nd Readings and Final Reading

20-35

B-217

An Ordinance to Amend and Supplement an Ordinance Establishing a Schedule of Classifications and Allocations of Title for the Herein Mentioned Positions in the City of Hoboken

THE MAYOR AND COUNCIL OF THE CITY OF HOBOKEN DO ORDAIN AS FOLLOWS:

 

1.     The Alphabetical List of Titles, City of Hoboken, set forth in City Code to which this Ordinance is an amendment and supplement shall be, and the same is hereby, amended and supplemented so that the titles, salaries, and ranges contained herein shall be amended as follows on the attached list, which is incorporated by reference. The attached shall be considered complete list of alphabetical titles within the City of Hoboken which require approval by ordinance. Any titles not included herein are titles which are not required by law to be passed by ordinance and said salaries shall be determined as set forth in the applicable law(s).

 

2.     If the Alphabetical List of Titles, City of Hoboken, herein set forth contains any position or positions which are not enumerated in the Plan for the Standardization of Municipal Class Titles, which is a part of the Code to which this Ordinance is an amendment, then in that event, the duties of the said position or positions shall be those which pertain to the particular position and positions set forth in any other ordinance adopted and now in force and effect in any statute of the State of New Jersey.

 

3.     The provisions of this Ordinance shall in no way affect the tenure or Civil Service status of any employees presently employed by the City of Hoboken in any of the various positions set forth in the Alphabetical List of Titles, City of Hoboken.

 

4.     The Alphabetical List of Titles referred to herein as well as the salary ranges for all positions in the City shall be on file in the Office of the City Clerk.

 

5.     All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only to the extent of such conflict or inconsistency, it being the legislative intent that all such ordinances or part of ordinances now existing or in effect unless the same are in conflict or inconsistent with any provision of this Ordinance shall remain in effect.

 

6.     The provisions of this Ordinance are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this Ordinance, but shall remaining in effect; it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.

 

7.     This Ordinance shall take effect immediately upon passage and publication as provided by law.  

 

8.     This ordinance shall be a part of the Code of the City of Hoboken as though codified and fully set forth therein.  The City Clerk shall have this ordinance codified and incorporated in the official copies of the Code.

 

9.     The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Hoboken in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.

RESULT:              Adopted  [Unanimous]

SPONSOR:             

SECOND:             

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-36

B-218

An Ordinance of the City of Hoboken Amending the Municipal Open Space, Recreation, and Conservation Trust Fund

WHEREAS, the voters of the City of Hoboken approved by overwhelming majority a referendum on November 6, 2007 which authorized the creation by the City Council of a Municipal Open Space, Recreation and Conservation Trust Fund pursuant to N.J.S.A. 40:12-15.7; and,

WHEREAS, the City of Hoboken established the Municipal Open Space, Recreation and Conservation Trust Fund (“Trust Fund”) by ordinance on January 1, 2008; and,

WHEREAS, pursuant to N.J.S.A. 40:12-15.7(d), the governing body may amend or supplement a proposition previously submitted, approved, and implemented; and,

WHEREAS, the City Council approved ordinance B-157 on July 10, 2019 which supported allowing the public to decide upon increasing the amount of funding available for park development via referendum; and,

WHEREAS, the City Council approved ordinance B-159 on July 10, 2019 which supported allowing the public to decide upon allowing historic preservation as an eligible purpose for the Trust Fund and increasing the available funds in the Trust Fund via referendum; and,

WHEREAS, the voters of the City of Hoboken approved by overwhelming majority a referendum on November 5, 2019 which asked the two questions approved in B-157 and B-159 and thereby authorized amendments by the City Council of the Municipal Open Space, Recreation, and Conservation Trust Fund pursuant to N.J.A.A. 40:12-15.7.

NOW, THEREFORE, the City Council of the City of Hoboken does hereby Ordain that Chapter 55 Open Space Trust Fund is amended as follows (additions noted in underline, deletions noted in strikethrough):

SECTION ONECHAPTER 55 OPEN SPACE TRUST FUND

§ 55-1 Trust Fund for Open Space Acquisition.

There is hereby established a reserve in the General Capital fund which shall be known and designated as the "Trust Fund For Open Space Acquisition" (hereinafter referred to as the "Trust Fund"). A special bank account shall be opened and maintained for this purpose. Funds from the Trust Fund may, as directed by the Mayor and City Council, be utilized exclusively for the following purposes:

A. Acquisition of lands, improved or unimproved, exclusively for recreation and conservation purposes;

B.  Development of said lands for recreation and conservation purposes;

C. Historic preservation of historic properties, structures, facilities, sites, areas, or objects, and the acquisition of such properties, facilities, sites, areas, or objects for historic preservation purposes;

C. D.  Payment of debt service on indebtedness issued or incurred by the City of Hoboken for the purposes set forth above; Provided however, that a minimum of 75% of the annual amount raised by the Trust Fund shall be utilized for the acquisition and development of lands for recreation and conservation purposes, or the payment of debt service on indebtedness issued or incurred by the City of Hoboken for the acquisition and development of said lands for recreation and conservation purposes.

§ 55-2 Funding of the Trust Fund.

The Trust Fund shall be funded through the dedication to the fund of an amount of $0.023 per $100 of assessed valuation of each annual tax levy commencing with the first tax quarter in calendar year 20082020. The Trust Fund shall also be permitted to accept testamentary bequests, any other donations, and such supplementary funding as the Mayor and the City Council may elect, in their sole discretion, to authorize and appropriate. Any and all interest accruing with respect to the Trust Fund shall be added to the Trust Fund.

§ 55-3 Sale of property.

No property acquired with funds from the Trust Fund shall be leased or sold, unless action has been authorized by the Mayor and City Council and by referendum in the manner prescribed by law. The deed of any property acquisition with funds from the Trust Fund shall contain the specific notation reflecting that the property was acquired with funds from the Trust Fund, and are subject to the limitations contained herein.

SECTION TWO: REPEAL OF INCONSISTENT PROVISIONS

All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only to the extent of such conflict or inconsistency, it being the legislative intent that all such ordinances or part of ordinances now existing or in effect unless the same are in conflict or inconsistent with any provision of this Ordinance shall remain in effect.

SECTION THREE: SEVERABILITY

The provisions of this Ordinance are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this Ordinance, but shall remaining in effect; it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.

SECTION FOUR:  EFFECTIVE DATE

This Ordinance shall take effect immediately upon passage and publication as provided by law.  

SECTION FIVE:  CODIFICATION

This ordinance shall be a part of the Code of the City of Hoboken as though codified and fully set forth therein.  The City Clerk shall have this ordinance codified and incorporated in the official copies of the Code.

The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Hoboken in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.

RESULT:              Adopted  [Unanimous]

SPONSOR:             

SECOND:             

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

B-219

An Ordinance to Amend Hoboken City Code §196 Zoning to Create the Residential-Castle Point (R-CP) District and Clarify Zoning Regulations Related to Court Street Within the R-1 and C-2 Districts

WHEREAS, it is in the City’s best interest to update the Zoning Ordinance to reflect modern issues, applications, conditions and language consistent with the purpose and intent of the City’s Master Plan, Master Plan Reexamination Report and 2018 Master Plan Land Use Element.

 

NOW, THEREFORE, the City Council of the City of Hoboken does hereby Ordain as follows (additions noted in underline, deletions noted in strikethrough):

SECTION ONE

Chapter 196 Article II Definitions is hereby amended as follows:

 

§ 196-6 Definitions.

§ A.:  no changes.

B. Terms defined. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY APARTMENT through BASEMENT, BILLBOARD through ZONING OFFICER: no changes.

 

BED AND BREAKFAST

              Any residential dwelling in which rooms are rented to paying guests on an overnight basis with not more than one (1) meal served daily, with the entire service to be included in one (1) stated price.

 

 

SECTION TWO

 

Chapter 196, Article III, Zone Districts Established §196-7 is hereby amended as follows:

 

§ 196-7 Designation of districts and historic sites.

A.        Zoning districts established in fulfillment of the purposes of this chapter are designated as follows:

 

R-1(H)(CPT)R-CP              Residential Castle Point Historic SubdistrictDistrict

 

 

SECTION THREE

 

Chapter 196, Article V Schedule I: Residential Districts is hereby amended as follows:

 

§ 196-14. R-1 District; R-1(H)(CPT)R-CP District

 

A.    District area

 

(1)   no changes.

 

(2) The R-CP District shall include all or portions of, as specified, the following blocks and lots per the Official Tax Maps of the City of Hoboken:

Block 236, Lots 2.01, 4.01, 5, 6, 7, 9, and 10

Block 236, Lot 3.01, including only the westerly portion measuring 110’ in depth

Block 237, all lots

Block 238, all lots

Block 239, all lots

 

 

B.     A. Purpose.

 

(1) R-1 District. The purpose of this district is to conserve the architecture, scale and grain of residential blocks and street patterns; to reinforce the residential character of the district; acknowledge the traditional relationship between Stevens Institute, adjacent residential neighborhoods and neighborhood retail businesses and services; to regulate those buildings and activities not comparable with district objectives.

 

(2) R-1(H)(CPT) Subdistrict. The purpose of the Castle Point Historic Subdistrict is to reinforce and safeguard the heritage of this area which has been one of the most prestigious neighborhoods in Hoboken. This subdistrict which is also designated the "Castle Point Historic District" is distinguished by being the only neighborhood in the City typified by large, freestanding one- and two-family homes. Through architectural and bulk controls, the height and density will be limited to maintain the historic character.

 

(2) R-CP District. The purpose of the R-CP district is to reinforce and safeguard the heritage of this residential area which is one of the oldest and most prestigious neighborhoods in Hoboken.  This district is distinguished by being the only neighborhood in the City typified by large, freestanding and semi-attached one- and two-family homes.  Through architectural and bulk controls, the height, density, and uses will be limited to maintain Castle Points scale and historic character.

 

C.     B. Principal permitted uses shall be as follows.

 

(1)  R-1 District:

(a) Residential buildings.

 

(b) Retail businesses and services in accordance with § 196-33 of this chapter.

 

(2) R-1(H)(CPT) Subdistrict R-CP District: Detached single-family and two-family residential buildings.

 

(a)   Residential: One-family, Two-family and Multi-family dwellings subject to density factor maximum.

(b)   Parks and open space.

 

D.    C. Accessory uses shall be as follows:

 

(1) R-1 District:

 

(a) Accessory garages.

 

(ba) Home occupations.

 

(cb) Signs. See § 196-31.

 

(dc) Other uses customarily incident to principal permitted uses and on the same lot.

 

(e) Wireless telecommunications antennas subject to §§ 196-26 and 196-35.

 

(2) R-1(H)(CPT) Subdistrict R-CP District: Uses customarily incidental to principal permitted uses and on the same lot.

(a) Home occupations.

 

(b) Other uses customarily incidental to principal permitted uses and on the same lot.

 

 

E.     D. Conditional uses shall be as follows:

 

(1) R-1 District:

 

(a) Bars.

 

(b) Clubs and community centers.

 

(c) Educational uses not otherwise mentioned.

 

(d) Essential utilities or public services.

 

(e) Funeral homes.

 

(f) Instructional uses.

 

(g) Clinics and nursing homes.

 

(h) Nursery schools.

 

(i) Office buildings.

 

(j) Places of worship, associated residences and schools.

 

(k) Public buildings and uses, such as schools, libraries, parks and playgrounds.

 

(l) Professional or business offices, other than home occupations, when located above street level.

 

(m) Public parking facilities.

 

(n) Restaurants.

 

(o) (Reserved)

 

(p) Accessory uses customarily incident to a principal permitted use but not on the same lot.

 

 

(2) R-1(H)(CPT) Subdistrict: None. R-CP District:

 

(a)      Fraternity and Sorority Houses. See § 196-38W.

(b)      Stevens Auxiliary, Non-student Housing. See § 196-38X.

(c)      Stevens Academic and Administrative Offices. See § 196-38Y.

(d)      Bed and Breakfasts. § 196-38Z

 

F.      E. Area, yard and building requirements for principal and accessory buildings shall be as follows:

 

(1) Lot area, minimum:

 

(a) R-1 District: 2,000 square feet.

 

(b) R-1(H)(CPT) Subdistrict: R-CP District: 3,000 square feet

 

[1] One-family: 2,000 square feet.

 

[2] Two-family: 3,000 square feet.

 

(2) Lot width, minimum:

 

(a) R-1 District: 20 feet.

 

(b) R-1(H)(CPT) Subdistrict R-CP District: 30 feet

[1] One-family: 20 feet.

 

[2] Two-family: 30 feet.

 

(3) Lot depth, minimum:

 

(a) R-1 District: 100 feet.

 

(b) R-1(H)(CPT) Subdistrict R-CP District: 100 feet.

 

(4) Lot coverage maximum:

 

(a)  R-1 District: 60%.; except for through lots on the west side of Hudson Street that front on both Hudson Street and Court Streets, then 60% on the principal building fronting on Hudson Street and 20% on the Court-Street-fronting building.

 

(b) R-1(H)(CPT) Subdistrict R-CP District: 650%.

 

(5) (Reserved)

 

(6) Building height.

 

(a) R-1 District:

 

[1]               For principal structures, aA maximum height of 40 feet or three stories, whichever is less, is allowed above design flood elevation as established pursuant to Chapter 104, Flood Damage Prevention, of the Municipal Code. A minimum floor-to-floor height of 10 feet shall be required of all stories above design flood elevation on new construction, including additions to existing structures. Existing structures are grandfathered unless the requirements of Chapter 104 are triggered.

 

[2]               Where adjacent grade exceeds the design flood elevation, building height shall be permitted up to 40 feet above the elevation of finished grade surrounding the structure or three stories, whichever is less.

 

[3]               On a lot where no more than 50 feet of frontage exists between two existing adjacent buildings that both exceed the maximum height permitted for the district (as measured in feet), the new structure may match but shall not exceed the height and stories of the lower of the two buildings. Final height in such a case shall include any front parapet.

 

[4]               In all areas of special flood hazard, as established in Chapter 104, Flood Damage Prevention, enclosed areas below design flood elevation of a new or substantially improved building shall be usable only for vehicle parking (where otherwise permitted by this chapter), building access, and storage. Where otherwise permitted pursuant to this chapter, a commercial use may also occupy the ground floor, provided that the floor meets the floodproofing standards set forth in Chapter 104.

 

[5]               Where applicable, on through lots on the west side of Hudson Street that front on both Hudson Street and Court Street, an accessory building may measure 30 feet above average grade, but shall not exceed one dwelling over grade-level parking or another permitted use.

 

 

(b) R-1(H)(CPT) Subdistrict District: As existing; 40’ or 3.5 stories above average adjacent grade, whichever is greater.

 

[1]               No addition shall be constructed on the front, side or top of an existing building so as to change the architectural style of the front facade; additions may be made to the rear portions of existing structures so long as the addition complies with other bulk requirements and does not exceed 40 feet in height above the grade of the rear yard as measured at the two rear building corners existing at the time of the adoption of this section.

 

[2]               New construction shall not exceed the prevailing height as established on the subject blockfront as measured from the average grade of the two front corners of all principal building.

 

(7) Yard dimension, minimum:

 

(a) R-1 District:

 

[1]               Front: Front yard setback shall be either 0 feet or shall match the setback on the adjoining lots on either side except that no front yard setback shall exceed 10 feet. On a lot with less than 50 feet of frontage between two existing adjacent buildings that both have a front yard setback greater than 0 feet but equal to or less than 10 feet, the new structure shall match the lesser setback of the two adjacent buildings. Where the lot frontage of a new building is 50 feet or more, the front yard setback may match the lesser adjacent setback or be 0 feet. In any instance, if there are no adjacent structures or both are set back more than 10 feet, the new structure shall be set back 0 feet.

 

[3]               Side: zZero or five feet.

 

(b) R-1(H)(CPT) Subdistrict R-CP District:

 

[1]               Front: minimum of Prevailing, or 10 feet.

 

[2]               Rear: mMinimum: 30% of 30 feet. But in no event shall the rear wall be farther than 75 feet from the front lot line.

 

[3]               Side: As existing; 5’ on at least one side minimum of five feet on one side; zero or minimum of five feet on other side.

 

(8) Density.

 

(a) R-1 District. Residential density of development of a site will be determined by site area per dwelling unit and maximum number of dwelling units adjusted where necessary for other on-site principal uses as calculated below:

 

[1]               Site area per dwelling unit (SA/DU), minimum: 660 square feet per dwelling unit.

 

[2]               Dwelling units, maximum: site area divided by 660.

 

[3]               Where principal uses in addition to residential are proposed for the subject building (such as retail or office), the percentage of total permitted floor area occupied by the nonresidential use shall be applied against the maximum number of dwelling units and the residential units shall be reduced thereby, except as specified below. Any fraction shall be equivalent to a whole dwelling unit. On Washington Street, First Street and Fourteenth Street, nonresidential principal uses located on the ground floor and basement (as permitted elsewhere in this chapter) shall not be deducted from the maximum permitted number of residential units.

 

(b) R-1(H)(CPT) Subdistrict: only one or two-family homes permitted R-CP District: Maximum:  Lot area divided by 2,000, rounded to the nearest whole number calculated to the thousandth place.

 

G.    F. Off-street parking shall be as follows:

 

(1) R-1 District:

 

(a) None permitted or required for residential use either new or existing. See Article XI.

 

(b) None permitted on-site for nonresidential use either new or existing. Where such use is located within 800 feet of a public parking facility, the parking requirement shall be satisfied through participation in the Park & Shop Program (or its successor or equivalent program) or other contractual arrangement with the parking operator. See Article XI.

 

(2) R-1(H)(CPT) Subdistrict: none permitted. R-CP District: No off-street parking is permitted or required in the R-CP District, except for accessory garages that presently exist at the time of the adoption of this amendment.

 

 

SECTION FOUR

 

Chapter 196, Article VII Schedule III: Review Districts is hereby amended as follows:

§ 196-19 Commercial districts.

§§ A. through C. and E. through H:  no changes.

 

D.              Bulk regulations.

(1)              C-1 Hoboken Terminal District bulk standards:

              [no changes]

(2)              C-2 Central Business District bulk standards:

(a)              Lot area, minimum: as existing; 2,000 square feet for new subdivision.

(b)              Lot width, minimum: as existing; 20 feet for new subdivision.

(c)              Lot depth, minimum: as existing; 100 feet for new subdivision.

(d)              Building height, maximum:

principal building:, five stories, not to exceed 52 feet above average grade. Court Street: accessory building: 30 feet, not to exceed one dwelling over grade-level parking or permitted use. For principal buildings, mMinimum floor-to-floor height of 10 feet for residential floors and 12 feet for commercial floors.

              Accessory buildings, where applicable, on through lots on the east side of Washington Street that front on both Washington Street and Court Street: 30 feet above average grade, not to exceed one dwelling over grade-level parking or another permitted use.

(e)              Lot coverage, maximum: principal building: 60%; except for through lots on the east side of Washington Street that front on both Washington and Court Streets, then 60% on the principal building fronting on Washington Street and 20% on the Court-Street-fronting building.

(f)              Front yard setback: zero feet or matching the setback of adjoining principal structures on either side.

(g)              Side yard setback: zero feet.

(h)              Rear yard setback, minimum: 40%; except for through lots as noted in Subsection D(2)(e) above.

(i)              Density factor, maximum: lot area divided by 330, rounded to the nearest whole number calculated to the thousandth place. Court Street: add one unit of density for the additional dwelling unit.

(3)              C-3 Neighborhood Business District bulk standards:

              [no changes]             

 

SECTION FIVE:

Chapter 196, Article X Conditional Uses is hereby amended as follows:

§ 196-38 Standards for particular use.

§§ A. through V:  no changes.

W.               Conditional uses in the R-1(E) Subdistrict. Any part of any building or facility containing auditoriums and lecture halls with 100 or more seats, non-university laboratories and offices, physical plant, facilities maintenance and other similar buildings and parking facilities shall be located at least 100 feet from any property line adjacent to a residential district.Fraternities and Sorority Houses.

 

(1)          Residential occupancy of a fraternity or sorority house shall comply with the minimum requirements of the International Property Maintenance Code.

 

(2)          A noise mitigation plan shall be provided with the site plan application. Sound attenuation measures shall be taken on any new structure or addition to an existing structure to minimize sound migration to adjacent properties, to assure compliance with the local noise ordinance. Such measure may include, but are in no way limited to, installation of noise suppression windows, installation of absorptive insulation in walls and ceiling, acoustic panels and/or layers of QuietRock® drywall or similar wall treatments.

 

(3)               A maintenance plan for the exterior of the building shall be provided with the site plan application. Such maintenance plan shall include, but is not limited to, a schedule for general upkeep such as painting, cleaning, repairs, and for grounds and landscape maintenance.

 

(4)              Signage shall comply with §196-31; subject to Historic Preservation Commission review and approval.

 

X.              Stevens Auxiliary, Non-student Housing. An auxiliary housing unit shall contain no more than five beds or bedroom suites.

 

Y.  Stevens Academic and Administrative Offices. Academic or administrative offices shall operate during regular business hours: 7:00 am to 10:00 pm. Only the Planning Board, by referral, may extend the hours, as it sees fit, depending on the specific location, use, and occupancy of the building.

Z.              Bed and breakfasts.

(1)               No more than five bedrooms shall be devoted to the bed and breakfast use.

(2)              The establishment must meet all state and local fire, sanitation, and food service provisions.             

(3)              The owner of the dwelling shall reside on the premises.

(4)               Guest stays are limited to fourteen (14) consecutive days.

(5)              Any food service is limited to those purchasing lodging and shall not be advertised to the general public as a restaurant.

(6)               Cooking facilities and/or kitchenettes are not permitted in guest rooms.

(7)              Signage shall comply with §196-31; subject to Historic Preservation Commission review and approval.

 

SECTION SIX: REPEAL OF INCONSISTENT PROVISIONS

All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only to the extent of such conflict or inconsistency, it being the legislative intent that all such ordinances or part of ordinances now existing or in effect unless the same are in conflict or inconsistent with any provision of this Ordinance shall remain in effect.

SECTION SEVEN: SEVERABILITY

The provisions of this Ordinance are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this Ordinance, but shall remaining in effect; it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.

SECTION EIGHT:  EFFECTIVE DATE

This Ordinance shall take effect immediately upon passage and publication as provided by law.  

SECTION NINE:  CODIFICATION

This ordinance shall be a part of the Code of the City of Hoboken as though codified and fully set forth therein.  The City Clerk shall have this ordinance codified and incorporated in the official copies of the Code.

The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Hoboken in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.

RESULT:              Tabled

SPONSOR:             

SECOND:             

 

B-220

An Ordinance Amending Chapter 196 Entitled "Zoning" of the Code of the City of Hoboken to Include a Revised Zoning Map

              WHEREAS, the City Council of the City of Hoboken finds that the Zoning Map of the City of Hoboken is in need of revision; and,

              WHEREAS, the City Council desires to amend Chapter 196 “Zoning,” Article III, “Zoning Districts Established” §196.8 Zoning Map, of the Code of the City of Hoboken to include an updated and revised Zoning Map; and,

              WHEREAS, the revised zoning map is attached to this ordinance as Exhibit A.

              NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Hoboken, County of Hudson, and State of New Jersey as follows:

SECTION 1: AMENDMENT TO HOBOKEN CITY CODE CHAPTER 196 “ZONING” ARTICLE III “ZONING DISTRICTS ESTABLISHED” TO UPDATE THE CITY OF HOBOKEN ZONING MAP

§196.8 Zoning Map.

The location and boundaries of said districts and sites are hereby established as shown on the Zoning Map of the City of Hoboken, as revised1, which is attached hereto and is hereby made a part of this chapter. Said map, together with everything shown thereon, and all amendments thereto, shall be a part of this chapter as if the same were fully described and set forth herein.

[Updated Map is included as “Exhibit A”]1

SECTION TWO: REPEAL OF INCONSISTENT PROVISIONS

All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only to the extent of such conflict or inconsistency, it being the legislative intent that all such ordinances or part of ordinances now existing or in effect unless the same are in conflict or inconsistent with any provision of this Ordinance shall remain in effect.

SECTION THREE: SEVERABILITY

The provisions of this Ordinance are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this Ordinance, but shall remaining in effect; it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.

SECTION FOUR:  EFFECTIVE DATE

This Ordinance shall take effect immediately upon passage and publication as provided by law.  

SECTION FIVE:  CODIFICATION

This ordinance shall be a part of the Code of the City of Hoboken as though codified and fully set forth therein.  The City Clerk shall have this ordinance codified and incorporated in the official copies of the Code.

The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Hoboken in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.

RESULT:              Tabled

SPONSOR:             

SECOND:             

 

20-39

B-221

An Ordinance Revising Ordinance Z-218 to Allow for the Undertaking of Certain Affordable and Workforce Housing Projects in and for the City of  Hoboken as Part of the City of Hoboken’s Continuing Affordable and Workforce Housing Initiative

WHEREAS, the City of Hoboken adopted Ordinance Z-218, “AN ORDINANCE OF THE CITY OF HOBOKEN, COUNTY OF HUDSON, NEW JERSEY, APPROPRIATING THE SUM OF $1,950,000 IN FUNDING FROM THE CAPITAL FUND FOR THE UNDERTAKING OF CERTAIN AFFORDABLE HOUSING PROJECTS IN AND FOR THE CITY OF  HOBOKEN AS PART OF THE CITY OF HOBOKEN’S CONTINUING AFFORDABLE HOUSING INITIATIVE”; and,

 

WHEREAS, Ordinance Z-218 appropriated $1,950,000 from the Capital Fund for the City of Hoboken, County of Hudson, New Jersey (“City”) for the purpose of providing for the costs of various affordable housing projects to be completed in and for the City as part of the City’s continuing affordable housing initiative and as shall be set forth in the City’s affordable housing master plan; and,

 

WHEREAS, the Capital Fund has a current balance of $786,816.18; and,

 

WHEREAS, the City of Hoboken is hereby amending Ordinance Z-218 to allow for the undertaking of workforce housing initiatives in addition to affordable housing initiatives.

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOBOKEN, COUNTY OF HUDSON, STATE OF NEW JERSEY, AS FOLLOWS:

 

SECTION ONE: AMENDMENT TO ORDINANCE Z-218 TO UPDATE AND INCLUDE WORKFORCE HOUSING PROJECTS, ADDITIONS AND DELETIONS REFLECTED:

 

Ordinance Z-218 is amended to utilize appropriated funds “for the purpose of providing for the costs of various affordable and workforce housing projects to be completed in and for the City as part of the City’s continuing affordable and workforce housing initiative and as shall be set forth in the City’s affordable housing master plan, together with all costs associated therewith or incidental thereto, all as is currently described and as shall be hereafter described and set forth in the office of the City Administrator.”

 

SECTION TWO: It is hereby determined and stated that the improvements set forth in Section 1 are each a general capital improvement and not a current expense.

 

SECTION THREE: The capital budget is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Ordinance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services, is on file with the City Clerk and available for inspection.

 

SECTION FOUR: All ordinances or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

 

SECTION FIVE: This ordinance shall take effect after final adoption and publication as required by law.

RESULT:              Adopted  [Unanimous]

SPONSOR:             

SECOND:             

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

PETITIONS AND COMMUNICATIONS

20-44

 

Memorandum from Mayor Bhalla Appointing Lea Cloud to the Hoboken Planning Board as a Class IV Member with a Term to Expire on December 31, 2023 and Gregory Francese to the Hoboken Planning Board as a Class II Member with a Term Expiring on December 31, 2020

20-45

 

Memorandum from Mayor Bhalla Appointing Geraldine Fallo as Mayoral Appointment to the Hoboken Arts Committee Advisory Board for a Term to Expire on December 31, 2020

REPORTS FROM SUBCOMMITTEE OFFICERS

REPORTS FROM CITY OFFICERS

20-46

 

Report from Municipal Tax Collector Sharon Curran for Taxes Collected for the Month of December 2019 as $2,589,996.77 (Abatement Totals- $ 24,757.13)

20-47

 

Report from the Municipal Court Indicating Receipts Collected for the Month of December 2019 as $330,719.69

20-48

 

Annual Report from the Municipal Tax Collector

20-49

 

Miscellaneous Licenses

CLAIMS

20-50

 

Total for This Agenda: $1,895,204.37

PAYROLL

20-51

 

Pay Date 01/02/2020

PAYROLL

O/T PAY

OTHER PAY

$1,751,004.99

$135,878.59

$217,889.81

 

TOTAL

 

 

$2,104,773.39

 

 

PUBLIC PORTION

The speakers who spoke: Mary Ondrejka, Andrew Impastato, Pat Waiters, Alex Garcia, Rose Marie Markle, Franz Paetzold, James Tricarico, Hope Koturo, Rebecca Cohen, Nadja Rutrowski, Rachel Hodes, Eleni Beja, Eytan Weber, Amardeep Bhalla, Simone Crespi

CONSENT AGENDA

Consent Agenda defined: All items listed with an asterisk (*) are considered to be routine business by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda.

 

RESOLUTIONS

Administration

20-52

 

Resolution Awarding a Non-Fair and Open Contract to Fairview Insurance Agency Associates, Inc. For the Period of January 1, 2020 to March 31, 2020, in an Amount Not-To-Exceed $30,000.00

                    WHEREAS, pursuant to N.J.S.A. 40A:11-5(m) insurance, including the purchase of insurance coverage and consultant services is an exception from the public bidding requires, which exception shall be in accordance with the requirements for extraordinary unspecifiable services; and,

 

              WHEREAS, pursuant to the Hoboken City Code §20A-24, the City of Hoboken is to utilize a competitive contracting process in the procurement of insurance services; and,

 

              WHEREAS, in order to fully comply with Hoboken City Code §20A-24, the City requires additional time to advertise the RFP for insurance brokerage services (health); and,

 

              WHEREAS, in the meantime the City of Hoboken has a need to maintain insurance brokerage services (health) from the current vendor as a non-fair and open contract for a short-term pursuant to the provisions of N.J.S.A. 19:44A- 20.5; and,

 

WHEREAS, the City of Hoboken has a need to award this short-term contract to Fairview as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5 as appropriate; and,

 

WHEREAS, the City of Hoboken QPA has determined and certified in writing that the value of the acquisition will exceed $17,500; and,

 

WHEREAS, the term of this contract is anticipated to expire no later than March 31, 2020; and,

 

WHEREAS, Fairview has submitted a proposal that they will continue to provide these services for this short-term contract for the amount of $30,000.00; and 

 

WHEREAS, Fairview has completed and submitted a Business Entity Disclosure Certification which certifies that Fairview has not made any reportable contributions to a political or candidate committee in the Hoboken in the previous one year, and that the contract will prohibit Fairview from making any reportable contributions through the term of the contract.

     

                        NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that a contract is hereby awarded to Fairview in the amount of $30,000.00, for a term to expire no later than March 31, 2020; and:

      

1. The award of this contract is subject to finalization of the contract terms to be drafted and approved by Corporation Counsel.

2. Any contract amendments which may become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3. The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

4. The City is in receipt of the Stockholder Disclosure form, Contribution Disclosure form, Certificate of Employee Information Report, Business Registration Certificate, and Certificate of Insurance.

5. The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

 

Fairview Insurance Agency

25 Fairview Avenue

Verona, NJ 07044

 

 

BE IT FURTHER RESOLVED, that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and,

 

BE IT FURTHER RESOLVED, that the City Clerk shall publish this resolution in accordance with the applicable law.

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-53

 

Resolution Awarding a  Contract to Brown & Brown Metro, LLC, For Insurance Broker, Property and Casualty, for Period of January 1, 2020 to March 31, 2020, In an Amount Not-To-Exceed $16,250.00

                    WHEREAS, pursuant to N.J.S.A. 40A:11-5(m) insurance, including the purchase of insurance coverage and consultant services is an exception from the public bidding requires, which exception shall be in accordance with the requirements for extraordinary unspecifiable services; and,

 

              WHEREAS, pursuant to the Hoboken City Code §20A-24, the City of Hoboken is to utilize a competitive contracting process in the procurement of insurance services; and,

 

              WHEREAS, in order to fully comply with Hoboken City Code §20A-24, the City requires additional time to advertise the RFP for insurance brokerage services (property and casualty); and,

 

              WHEREAS, in the meantime the City of Hoboken has a need to maintain insurance brokerage services (property and casualty) from the current vendor as a non-fair and open contract for a short-term pursuant to the provisions of N.J.S.A. 19:44A- 20.5; and,

 

WHEREAS, the term of this contract is anticipated to expire no later than March 31, 2020; and,

 

WHEREAS, Brown & Brown has submitted a proposal that they will continue to provide these services for this short-term contract for the amount of $16,250.00; and 

 

WHEREAS, Brown & Brown has completed and submitted a Business Entity Disclosure Certification which certifies that Brown & Brown has not made any reportable contributions to a political or candidate committee in the Hoboken in the previous one year, and that the contract will prohibit the Brown & Brown from making any reportable contributions through the term of the contract.

     

                        NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that a contract is hereby awarded to Brown & Brown in the amount of $16,250.00, for a term to expire no later than March 31, 2020; and:

      

1. The award of this contract is subject to finalization of the contract terms to be drafted and approved by Corporation Counsel.

2. Any contract amendments which may become necessary shall be subject to the Citys ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3. The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

4. The City is in receipt of the Stockholder Disclosure form, Contribution Disclosure form, Certificate of Employee Information Report, Business Registration Certificate, and Certificate of Insurance.

5. The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

 

Brown & Brown Metro LLC

56 Livingston Avenue

Roseland, NJ 07068

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-54

 

Resolution Amending the Professional Services Contract with the Buzak Law Group, LLC  For an Increased Amount of $10,254.81 for the Period of January 1, 2019 to December 31, 2019

              WHEREAS, pursuant to Hoboken City Council Resolution dated February 20, 2019, the City resolved to award a contract to the Buzak Law Group, LLC (“Buzak”) to provide legal services related to the Block 10, Lots 1-7 and 30-36 (“Block 10”) real estate acquisition, in the amount of $25,000.00 for a term to expire December 31, 2019; and,

 

WHEREAS, condemnation proceedings commenced in this matter, and therefore Buzak required a contract amendment in the increased amount of $25,000.00 for a new total contract amount of $50,000.00, which was approved on October 16, 2019 by way of Resolution A1; and,

 

WHEREAS, for services performed towards the end of CY 2019, Buzak requires an amendment in the additional amount of $10,254.00 to their CY 2019 contract for this matter; and,

 

WHEREAS, the Administration recommends amending the City’s CY 2019 contract with Buzak for the above-described services in the increased amount of $10,254.81 for a new total contract amount of $60,254.81.

 

                         NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken as follows:

 

1)     The contract with Buzak shall be increased by $10,254.81 for a new total contract amount of $60,254.81; and,

2)     Aside from the change in contract amount, the remainder of the terms shall be in accordance with the original agreement and all attachments thereto; and,

3)     The Mayor or his designee is hereby authorized to take the necessary steps to enter into an amendment to the contract and any other steps necessary to effectuate this resolution; and,

4)     This resolution shall take effect immediately.

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-55

 

Resolution Authorizing the City to Accept and Qualify Responses to the City’s Request for Proposals for Municipal Public Defenders for the Term January 1, 2020 through December 31, 2020 in the Total Amount Not to Exceed Amount of $45,000.00

              WHEREAS, in accordance with N.J.S.A. 2B:24-1 et seq., each municipal court in the State of New Jersey shall appoint at least one (1) municipal public defender, to be appointed by the governing body, and where there are two (2) or more public defenders, a Chief Municipal Public Defender must be appointed; and,

 

              WHEREAS, the City issued a Request for Proposals (No. 19-22) seeking proposals from qualified individuals to act as Municipal Public Defender(s) for the City of Hoboken, in compliance with the process for awarding a professional service contract pursuant to Hoboken Code §20A; and,

 

              WHEREAS, the City received six (6) responsive proposals from:

 

1.      Salvatore R. Vargo, Esq. – Law Offices of Salvatore R. Vargo, LLC

2.      Kathleen Theurer, Esq. - Law Office of Kathleen M. Theurer

3.      Jared B. Weiss, Esq. - Fruchter, Weiss & Associates

4.      Georgina Giordano Pallitto - Pallitto Law, LLC

5.      The Appello Law Firm, LLC

6.      Law Office of Michael Pastacaldi, LLC

 

              WHEREAS, the City’s review team evaluated the proposals and has determined that all of the submitted proposals were complete and responsive and each individual/firm is qualified to provide effective and efficient legal services, cost and other factors considered; and, 

 

WHEREAS, the Administration recommends that the above individuals/firms be appointed as Municipal Public Defenders for the City of Hoboken; and,

 

WHEREAS, the Administration recommends that Kathleen Theurer, Esq. be appointed the Chief Municipal Public Defender, which requires work equivalent to an additional session each month; and,

 

WHEREAS, the City Council seeks to authorize the Administration to award contracts, which in the aggregate shall not exceed $15,000.00 to the above qualified individuals, in amounts depending upon their schedule, to be paid per session and in accordance with RFP 19-22.

             

              NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that the below listed respondents are deemed qualified as Public Defenders for the City of Hoboken, for the period of January 1, 2020 through December 31, 2020:

 

1.      Salvatore R. Vargo, Esq. – Law Offices of Salvatore R. Vargo, LLC

2.      Kathleen Theurer, Esq. - Law Office of Kathleen M. Theurer

3.      Jared B. Weiss, Esq. - Fruchter, Weiss & Associates

4.      Georgina Giordano Pallitto - Pallitto Law, LLC

5.      The Appello Law Firm, LLC

6.      Law Office of Michael Pastacaldi, LLC

 

BE IT FURTHER RESOLVED, that Kathleen Theurer, Esq. is appointed Chief Municipal Public Defender and will be compensated for an additional session each month; and,

 

BE IT FURTHER RESOLVED, that in the aggregate, the Public Defenders’ (as listed above) contracts shall not exceed $15,000.00.

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-56

 

Resolution Awarding a Contract to W.B. Mason Company Inc. for Office Supplies in the Not to Exceed Amount of $30,000.00

WHEREAS, N.J.S.A. 40A:11-10 and N.J.S.A. 40A:11-12 permit municipalities to award public contracts without public bidding when the vendor is an approved state contractor or part of an approved national cooperative; and,

 

WHEREAS, W.B. Mason Company Inc. has been approved for the ESCNJ 18/19-02 cooperative purchasing contract; and,

 

WHEREAS, the City of Hoboken requires office supplies for the calendar year 2020; and,

 

WHEREAS, the Administration recommends awarding a contract to W.B. Mason Company, Inc. in the not to exceed amount of $30,000.00 to expire on June 30, 2020.

 

NOW, THEREFORE, BE IT RESOLVED, that a contract is awarded to W.B. Mason Company, Inc. for office supplies in the not to exceed amount of $30,000.00 to expire on June 30, 2020; and, 

 

BE IT FURTHER RESOLVED, that this resolution shall take effect immediately, subject to the following conditions:

 

1.      The award of this contract is subject to finalization of the contract terms.

2.      Any change orders which shall become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.      The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

4.      The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

 

                                          W.B. Mason Company Inc.

                                          21 Commerce Drive

                                          Cranbury, NJ 08512

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-57

 

Resolution Awarding a Contract to Visual Sound for City Council Chamber Audio Visual System, For an Amount Not-To-Exceed $82,369 through the Hunterdon County Purchasing Cooperative

WHEREAS, the City of Hoboken wishes to upgrade the audio system that is used during bi-weekly city council meetings.  The current system is about 10 years old and some components were end of life when installed; and,

 

WHEREAS, N.J.S.A. 40A:11-5 permits municipalities to award public contracts without public bidding when the vendor is part of an approved cooperative pricing system; and,

 

WHEREAS, Visual Sound is part of the Hunterdon County Educational Services Commission Cooperative Purchasing Program, of which the City of Hoboken is also a part, pursuant to the HCESC-CAT-19-09 Contract, Visual Sound proposed to provide the necessary upgrades in the amount of $73,993.00 for a system enhancement plus one year of enhanced maintenance; and,

 

WHEREAS, Visual Sound is able to offer a total of three years of enhanced maintenance in the total amount of $82,369.00; and,

 

WHEREAS, the City wishes to award a contract to Visual Sound for the audio system upgrades and maintenance in the total amount of $82,369.00, with the $73,993.00 for the initial upgrades and one year of maintenance services to come out of the CY 2019 budget, and the remaining balance to be appropriated in future budgets; and,

 

WHEREAS, the Administration recommends awarding a contract to Visual Sound pursuant to their Hunterdon County Cooperative Contract HCESC-CAT-19-09 for City Council chambers audio system upgrades in the amount of $82,369.00.

 

                         NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that a contract is awarded to Visual Sound in the amount of $82,369.00 for a term to expire December 18, 2022, subject to the following:

 

1.      The award of this contract is subject to finalization of the contract terms.

2.      Any change orders which may become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.      The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent ant purpose of this resolution.

4.      The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

Visual Sound

485 PARK WAY

BROOMALL, PA  19008

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

Community Development

20-58

 

A Resolution Recognizing the Importance of the 2020 Census

WHEREAS, the United States Census Bureau is required by the United States Constitution to conduct a count of the population; and,

 

WHEREAS, the 2020 Census provides a historic opportunity to help shape the foundation of our society and play an active role in American democracy; and,

 

WHEREAS, the City of Hoboken is committed to ensuring every resident is counted; and,

 

WHEREAS, federal and state funding is allocated to communities, and decisions are made on matters of national and local importance based, in part, on census data; and,

 

WHEREAS, the United States Department of Housing and Urban Development determined the City of Hoboken to be an Entitlement Community due to surpassing the 50,000-person threshold in the 2010 Census, and the City has received over $5,000,000 in Community Development Block Grant funds since 2015 for its low- and moderate-income neighbors; and,

 

WHEREAS, census data helps determine how many seats each state will have in the U.S. House of Representatives and is necessary for an accurate and fair redistricting of state legislative seats, county and municipal councils, and voting districts; and,

 

WHEREAS, information from the 2020 Census and American Community Survey are vital tools for economic development and increased employment; and,

 

WHEREAS, the information collected by the Census Bureau is confidential and protected by law; and,

 

WHEREAS, the City of Hoboken’s Complete Count Committee formed in Fall 2019 to organize 2020 Census outreach and initiatives; and,

 

WHEREAS, a united voice from business, government, community-based and faith-based organizations, educators, media and others will enable the 2020 Census message to reach more of our citizens.

 

                         NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hoboken that the City of Hoboken is committed to partnering with the U.S. Census Bureau and the State of New Jersey and will:

 

1.      Support the goals and ideals of the 2020 Census and will disseminate 2020 Census information.

2.      Encourage all Hoboken residents to participate in events and initiatives that will raise the overall awareness of the 2020 Census and increase participation.

3.      Support the City’s Complete Count Committee initiatives and support census takers as they help our municipality complete an accurate count.

4.      Strive to achieve a complete and accurate count of all persons within our borders.

5.      Declare April 1, 2020 a “Census Day of Action” to encourage City-wide participation in the 2020 Census.

RESULT:              Adopted   [Unanimous]

SPONSOR:              James Doyle

SECOND:              Ruben Ramos

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-59

 

Resolution to Award a Professional Service Contract to Triad Associates for CDBG Program Administration Services in the Not to Exceed Amount of $51,750.00

WHEREAS, the City of Hoboken participates in the CDBG program and receives annual funding from the U.S. Department of Housing and Urban Development ("HUD") as an Entitlement Community, under the Housing and Community Development Act of 1974; and,

 

WHEREAS, the CDBG Program is governed by the Code of Federal Regulations (“CFR”), and the CDBG Program Administrator will need to keep the City in compliance with the various appropriate sections of the CFR; and,

 

WHEREAS, the City of Hoboken has a need to obtain a Community Development (“CDBG”) Program Administrator, who oversees the administration of CDBG funds; and,

 

WHEREAS, Triad Associates has intricate knowledge of the City’s CDBG Program due to currently serving as the City’s CDBG Program Administrator for Program Year 2019 and is also preparing the City’s 5-Year Consolidated Plan; and,

 

WHEREAS, pursuant to the attached proposal, Triad Associates will provide the aforementioned services for the amount of $51,750.00; and,

 

WHEREAS, the Administration therefore recommends awarding a professional service contract to Triad Associates to serve as the City’s CDBG Program Administrator; and,

 

WHEREAS, pursuant to Hoboken City Code §20A-4(A), the municipality shall award all contracts or agreements for the provision of professional services on the basis of qualification based, competitive negotiation; and,

 

WHEREAS, §20A-4(H) of the Hoboken City Code allows the City Council to waive part or all of the requirements of §20A-4 by a majority vote of the full Council in the event compliance with part or all of the requirements delineated in §20A-4 is impracticable; and,

 

WHEREAS, Triad Associates has completed and submitted a Business Entity Disclosure Certification which certifies that they have not made any reportable contributions to a political or candidate committee in the City of Hoboken in the previous one year, and that the contract will prohibit Triad Associates from making any reportable contributions through the term of the contract; and,     

 

WHEREAS, the Administration recommends that the requirements set forth in Hoboken City Code §20A-4 be waived and Triad Associates be awarded the contract based upon their ongoing administration duties with the City’s CDBG Program and the City’s immediate need to obtain a Program Administrator; and,

 

WHEREAS, pursuant to the attached proposal, Triad Associates will provide CDBG Program Administrator services to the City of Hoboken in the not-to-exceed amount of $51,750.00; and,

 

WHEREAS, the cost of this contract will be paid through CDBG Planning and Administration funds, which cannot exceed 20% of the total Program Year grant award; and,

 

WHEREAS, the Administration therefore recommends awarding a professional service contract to Triad Associates in the not-to-exceed amount of $51,750.00, for a term to expire on December 31, 2020

 

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken that a contract is hereby awarded to Triad Associates in the amount of $51,750.00 to serve as the City’s CDBG Program Administrator, for a term of January 1, 2020 through December 31, 2020; and,

 

BE IT FURTHER RESOLVED, by a majority of the City Council of the City of Hoboken, voting in full, that the requirements of §20A of the Hoboken City Code are hereby waived relative to this contract; and,

 

BE IT FURTHER RESOLVED, that no minimum payment is implied or guaranteed, and the City reserves the right to cancel this Agreement at any time and Triad Associates shall only be paid for the work completed or on a pro-rated amount if payment arrangements are based upon a fixed retainer; and, 

 

BE IT FURTHER RESOLVED, that this resolution shall take effect immediately, subject to the following conditions:

 

1.      The award of this contract is subject to finalization of the contract terms to be drafted and approved by Corporation Counsel.

2.      Any contract amendments which may become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.      The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

4.      The City is in receipt of the Stockholder Disclosure form, Contribution Disclosure form, Certificate of Employee Information Report, Business Registration Certificate, and Certificate of Insurance.

5.      The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

 

Triad Advisory Services (t/a Triad Associates)

1301 W. Forest Grove Road

Vineland, NJ 08360

RESULT:              Adopted   [Unanimous]

SPONSOR:              James Doyle

SECOND:              Ruben Ramos

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-60

 

Resolution Awarding a Contract to Community Grants, Planning & Housing for Affordable Housing Administrative Agent in the Amount of $18,950.00

WHEREAS, the City of Hoboken has a need to obtain Affordable Housing Administrative Agent Services in accordance with Chapter 65A and Chapter 65B of the Hoboken City Code, which governs affordable housing; and,

 

WHEREAS, Community Grants, Planning & Housing has intricate knowledge of the City’s affordable housing needs, the current affordable housing waiting list and the operating manuals for both affordable rentals and workforce for-sale housing; and,

 

WHEREAS, Community Grants, Planning & Housing currently serves as the City’s Affordable Housing Administrative Agent; and,

 

WHEREAS, pursuant to the attached proposal, Community Grants, Planning & Housing will provide the aforementioned services for the amount of $18,950.00; and,

 

WHEREAS, the Administration therefore recommends awarding a professional service contract to Community Grants, Planning & Housing to serve as the City’s Affordable Housing Administrative Agent; and,

 

WHEREAS, while under contract with the City of Hoboken during the contract year, Community Grants, Planning & Housing will charge expenses related to placing residents in affordable housing rental units directly to the building owner(s); and

 

WHEREAS, pursuant to Hoboken City Code §20A-4(A), the municipality shall award all contracts or agreements for the provision of professional services on the basis of qualification based, competitive negotiation; and,

 

WHEREAS, §20A-4(H) of the Hoboken City Code allows the City Council to waive part or all of the requirements of §20A-4 by a majority vote of the full Council in the event compliance with part or all of the requirements delineated in §20A-4 is impracticable; and,

 

WHEREAS, the Administration recommends that the requirements set forth in Hoboken City Code §20A-4 be waived and Community Grants, Planning & Housing be awarded the contract based upon their ongoing administration activities specific to affordable housing, including administration of the affordable housing and workforce housing waiting list, and the City’s immediate need to obtain an Affordable Housing Administrative Agent; and,

 

WHEREAS, Community Grants, Planning & Housing has completed and submitted a Business Entity Disclosure Certification which certifies that the company has not made any reportable contributions to a political or candidate committee in the City of Hoboken in the previous one year, and that the contract will prohibit Community Grants, Planning & Housing from making any reportable contributions through the term of the contract; and,     

 

WHEREAS, the Administration therefore recommends awarding a professional service contract to Community Grants, Planning & Housing in the amount of $18,950.00, for a term to expire on December 31, 2020

 

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken that a contract is hereby awarded to Community Grants, Planning & Housing in the amount of $18,950.00 to serve as the City’s Affordable Housing Administrative Agent, for a term to expire on December 31, 2020; and, 

 

BE IT FURTHER RESOLVED, by a majority of the City Council of the City of Hoboken, voting in full, that the requirements of §20A of the Hoboken City Code are hereby waived relative to this contract; and,

 

BE IT FURTHER RESOLVED, that no minimum payment is implied or guaranteed and the City reserves the right to cancel this Agreement at any time and Community Grants, Planning & Housing shall only be paid for the work completed or on a pro-rated amount if payment arrangements are based upon a fixed retainer; and, 

 

BE IT FURTHER RESOLVED, that this resolution shall take effect immediately, subject to the following conditions:

 

1.      The award of this contract is subject to finalization of the contract terms to be drafted and approved by Corporation Counsel.

2.      Any contract amendments which may become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.      The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

4.      The City is in receipt of the Stockholder Disclosure form, Contribution Disclosure form, Certificate of Employee Information Report, Business Registration Certificate, and Certificate of Insurance.

5.      The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

 

Community Grants, Planning & Housing

1249 South River Road, Suite 301

Cranbury, New Jersey 08512

 

RESULT:              Adopted   [Unanimous]

SPONSOR:              James Doyle

SECOND:              Ruben Ramos

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-61

 

Resolution of the City of Hoboken Authorizing the Execution of a Conditional Designation and Interim Cost Agreement with Monroe Properties, LLC Including Provisions for an Escrow Deposit to Defray the City’s Costs Incurred in Connection with the Negotiation of a Redevelopment Agreement

WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq., as amended and supplemented (the "Act"), provides a process for municipalities to participate in the redevelopment and improvement of areas in need of redevelopment; and,

 

              WHEREAS, the City desires that the land located in an area which has been determined to be an area in need of redevelopment in accordance with the Act, designated as Block 92, Lot 1.02 on the Tax Map of the City of Hoboken and more commonly known as 914 - 930 Monroe Street (the “Project Site”), be redeveloped in accordance with the Redevelopment Plan for the Western Edge Redevelopment Area (the “Redevelopment Plan”); and,

 

              WHEREAS, Monroe Properties, LLC (“Monroe”) is the current owner of the Project Site; and,

 

WHEREAS, Monroe submitted initial proposed project plans (the “Initial Plans”) to the City on or about May 26, 2016, seeking to be designated as the Redeveloper of the Project Site; and,

             

              WHEREAS, Monroe thereafter submitted a Pre-Submission Form and revised proposed project plans to the City on or about December 20, 2017 (the “Revised Plans”); and,

 

              WHEREAS, following a review of the submissions and a meeting with the City, Monroe submitted a refined proposal dated December 5, 2019 to the City for consideration, together with an updated Pre-Submission Form dated December 24, 2019, a copy of which is collectively attached to the proposed form of agreement attached hereto (the “Proposal”); and,

 

              WHEREAS, the Proposal would provide for the development of the following components upon the Project Site: three buildings with: one (1) building comprising nine (9) floors over retail and a lobby and containing approximately 110,000 sq. ft. of commercial office space; and two (2) buildings connected by a skybridge comprising thirteen (13) floors of residential over retail and respective lobbies; collectively, the project would contain approximately: three hundred and ninety three (393) residential units, at least 10% of which would be affordable housing units; 65,000 sq. ft. of retail; and five hundred (500) underground parking spaces; and in excess of 40,000 sq. ft. of outdoor amenities, the majority of which would be open to the public; and,

 

              WHEREAS, the City has determined that Monroe has initially demonstrated that it has the experience, expertise, financial capability and the vision to assist the City in the implementation of the Redevelopment Plan as it relates to the Project Site; and,

 

              WHEREAS, the City and Monroe desire to negotiate a Redevelopment Agreement to redevelop the Project Site based generally upon the Proposal as a starting point for negotiations, subject to the provisions herein, and further review by the City; and,

 

              WHEREAS, accordingly, the City has prepared a form of Conditional Designation and Interim Cost Agreement, a copy of which is attached hereto as Attachment A, whereby Monroe would pay the reasonable costs incurred by the City in reviewing and further evaluating the Proposal, negotiating and drafting a Redevelopment Agreement (should a Redevelopment Agreement ultimately be executed), and all other costs and expenses related to this matter, prior to either the execution of a Redevelopment Agreement or a determination by the City that a Redevelopment Agreement cannot be executed, as the case may be; and,

 

WHEREAS, as it is further acknowledged in the form of Conditional Designation and Interim Cost Agreement attached hereto, the components of the Proposal, including any phasing of the project and the provision of community benefits, are subject to negotiation.     

 

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken as follows:

 

1.              The Mayor is hereby authorized to execute a Conditional Designation and Interim Cost Agreement between the City of Hoboken and Monroe Properties, LLC in a form substantially as that attached hereto as Attachment A.

 

2.              Staff and consultants to the City are hereby authorized and directed to take all other administrative actions to implement this Resolution as are necessary and appropriate to accomplish its goals and intent.

 

3.              This Resolution shall be effective immediately.

RESULT:              Adopted   [Unanimous]

SPONSOR:              James Doyle

SECOND:              Ruben Ramos

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-62

 

Resolution of the City of Hoboken Authorizing the Execution of a Conditional Designation and Interim Cost Agreement with Applied Monroe Lender, LLC Including Provisions for an Escrow Deposit to Defray the City’s Costs Incurred in Connection with the Negotiation of a Redevelopment Agreement

WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq., as amended and supplemented (the "Act"), provides a process for municipalities to participate in the redevelopment and improvement of areas in need of redevelopment; and

 

              WHEREAS, the City desires that the land located in an area which has been determined to be an area in need of redevelopment in accordance with the Act, designated as Block 87, Lot 1.01 on the Tax Map of the City of Hoboken and more commonly known as 800 - 822 Monroe Street (the “Project Site”), be redeveloped in accordance with the Redevelopment Plan for the Northwest Industrial Redevelopment Plan Area (the “Redevelopment Plan”); and

 

              WHEREAS, Applied Monroe Lender, LLC or an affiliate thereof (“Applied”) is the current owner of the Project Site; and

             

              WHEREAS, Applied initially submitted proposed project plans (the “Initial Plans”) to the City in 2013; and

 

              WHEREAS, plans for the redevelopment of the Project Site were delayed due to certain litigation and thereafter, Applied submitted a Pre-Submission Form to the City on or about November 26, 2019 together with certain updated project plans (the “Updated Plans”), seeking to be designated as the Redeveloper of the Project Site; and

 

              WHEREAS, following a review of the submissions, at a meeting with the City, Applied submitted more refined project plans dated January 6, 2020 (the “Revised Plans”); and

 

              WHEREAS, a copy of the Pre-Submission Form and the Revised Plans are collectively attached to the proposed form of agreement appended hereto (the “Proposal”); and

              WHEREAS, the Proposal would provide for the development of the following components upon the Project Site: a mixed-use residential building comprising ten (10) floors including one hundred eighty-six (186) units; approximately 1900 sq. ft. of retail; one hundred eighty-six (186) parking spaces; subsurface stormwater detention systems; and public outdoor terrace along 8th Street; and

             

              WHEREAS, the City has determined that Applied has initially demonstrated that it has the experience, expertise, financial capability and the vision to assist the City in the implementation of the Redevelopment Plan as it relates to the Project Site; and

 

              WHEREAS, the City and Applied desire to negotiate a Redevelopment Agreement to redevelop the Project Site based generally upon the Proposal as a starting point for negotiations, subject to the provisions herein, and further review by the City; and

 

              WHEREAS, accordingly, the City has prepared a form of Conditional Designation and Interim Cost Agreement, a copy of which is appended hereto as Attachment A, whereby Applied would pay the reasonable costs incurred by the City in reviewing and further evaluating the Proposal, negotiating and drafting a Redevelopment Agreement (should a Redevelopment Agreement ultimately be executed), and all other costs and expenses related to this matter, prior to either the execution of a Redevelopment Agreement or a determination by the City that a Redevelopment Agreement cannot be executed, as the case may be; and

 

WHEREAS, as it is further acknowledged in the form of Conditional Designation and Interim Cost Agreement attached hereto, the components of the Proposal, including the provision of any community benefits, are subject to negotiation.     

 

NOW, THEREFORE, it is hereby resolved by the City Council of the City of Hoboken as follows:

 

1.              The Mayor is hereby authorized to execute a Conditional Designation and Interim Cost Agreement between the City of Hoboken and Applied Monroe Lender, LLC in a form substantially as that attached hereto as Attachment A.

 

2.              Staff and consultants to the City are hereby authorized and directed to take all other administrative actions to implement this Resolution as are necessary and appropriate to accomplish its goals and intent.

 

3.              This Resolution shall be effective immediately.

RESULT:              Adopted   [Unanimous]

SPONSOR:              James Doyle

SECOND:              Ruben Ramos

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-63

 

Resolution Awarding a Contract to DeCotiis, Fitzpatrick, Cole & Giblin, LLP for Affordable Housing Attorney in the Amount of $10,000

WHEREAS, service to the City as Special Legal Counsel- Affordable Housing is a professional service as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

              WHEREAS, the City of Hoboken issued Request for Proposals 19-30 seeking proposals from qualified law firms, in compliance with the process for awarding a professional service contract pursuant to Hoboken Code §20A; and,

 

WHEREAS, proposals were received from the following:

 

1.      Weiner Law Group

2.      Post Polak, PA

3.      The Buzak Law Group

4.      McManimon Scotland & Baumann

5.      Malamut & Associates

6.      DeCotiis, Fitzpatrick, Cole & Giblin, LLP

 

WHEREAS, the Department of Community Development requires a contract with an Affordable Housing attorney to consult with and perform work on  behalf of the City regarding ongoing affordable and workforce housing issues; and,

 

WHEREAS, the evaluation committee has determined that the proposal submitted by DeCotiis, Fitzpatrick, Cole & Giblin, LLP demonstrates that this firm is qualified to provide effective and efficient legal services to the City; and, 

 

              WHEREAS, the Administration recommends awarding a contract to DeCotiis, Fitzpatrick, Cole & Giblin, LLP for legal services as Affordable Housing attorney to the Department of Community Development, for the term of January 1, 2020 through December 31, 2020, in the not to exceed amount of $10,000.00.

 

              NOW, THEREFORE, BE IT RESOLVED, that a contract is hereby awarded to DeCotiis, Fitzpatrick, Cole & Giblin, LLP to represent the City as Special Legal Counsel- Affordable Housing for the Department of Community Development, for a term to commence on January 1, 2020 and expire on December 31, 2020, for a total not to exceed amount of $10,000.00; and:

 

1.      The award of this contract is subject to finalization of the contract terms.

2.      Any change orders which shall become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.      The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

4.      The City is in receipt of the Stockholder Disclosure form, Contribution Disclosure form, Certificate of Employee Information Report, Business Registration Certificate, and Certificate of Insurance.

5.      The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

 

DeCotiis, Fitzpatrick, Cole & Giblin, LLP

61 South Paramus Road
Suite 250
Paramus, NJ 07652

RESULT:              Adopted   [Unanimous]

SPONSOR:              James Doyle

SECOND:              Ruben Ramos

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-64

 

Resolution Authorizing the City to Accept and Qualify Responses to the City’s Request for Proposals for Special Counsel – Affordable Housing

WHEREAS, service to the City as Special Legal Counsel- Affordable Housing Counsel is a professional service as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

WHEREAS, the City of Hoboken issued Request for Proposals 19-30 seeking a qualified attorney to serve as the City’s attorney in Affordable Housing matters; and,

 

WHEREAS, proposals were received from the following:

 

1.      Weiner Law Group

2.      Post Polak, PA

3.      The Buzak Law Group

4.      McManimon Scotland & Baumann

5.      Malamut & Associates

6.      DeCotiis, Fitzpatrick, Cole & Giblin, LLP

 

WHEREAS, the City has determined that all of the above listed firms are qualified to provide effective and efficient services, cost and other factors considered; and, 

 

WHEREAS, the Administration recommends that all of the above listed firms be qualified to provide legal services related to Affordable Housing matters and be considered by the City Administration, if and when the Administration finds it necessary, to engage the services of such respondent.

             

              NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that the below listed respondents are deemed qualified to be contracted to provide legal services to the City, in accordance with RFP 19-30, as necessary when determined by the Administration, from the period of January 1, 2020 through December 31, 2020

 

1.      Weiner Law Group

2.      Post Polak, PA

3.      The Buzak Law Group

4.      McManimon Scotland & Baumann

5.      Malamut & Associates

6.      DeCotiis, Fitzpatrick, Cole & Giblin, LLP

RESULT:              Adopted   [Unanimous]

SPONSOR:              James Doyle

SECOND:              Vanessa Falco

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

Corpoation Counsel

20-65

 

Resolution Authorizing the City to Enter into Retainer Agreement with Emery, Celli, Brinckerhoff & Abady LLP to Pursue Climate Litigation on Behalf of the City of Hoboken

WHEREAS, the City of Hoboken was approached by the law firm Emery Celli Brinckerhoff & Abady LLP (“ECB&A LLP”) proposing to provide legal services to the City to assist in evaluating, and if appropriate prosecuting, a civil action against fossil fuel companies based upon global warming injuries and adaptation or infrastructure costs to the City; and,

 

WHEREAS, the ECB&A LLP has agreed to represent the City in the proposed litigation at no cost to the City, and therefore the City will not be responsible for paying any attorneys’ fees, costs, or case expenses; and,

 

WHEREAS, it is proposed that the fees will be paid by a third-party, the Institute on Governance and Sustainable Development (“IGSD”), but that the City will not be responsible in the event that IGSD fails to pay said fees for any reason; and,

 

WHEREAS, pursuant to Hoboken City Code §20A-4(A), the municipality shall award all contracts or agreements for the provision of professional services on the basis of qualification based, competitive negotiation; and,

 

WHEREAS, §20A-4(H) of the Hoboken City Code allows the City Council to waive part or all of the requirements of §20A-4 by a majority vote of the full Council in the event compliance with part or all of the requirements delineated in §20A-4 is impracticable; and,

 

WHEREAS, the Administration recommends that the requirements set forth in Hoboken City Code §20A-4 be waived and the City enter into a retainer agreement with ECB&A LLP due to the unique nature of this situation, wherein the firm will be representing the City at no cost and there is a great potential benefit to the City; and,

 

WHEREAS, the City Council wishes to authorize the Mayor and/or the Mayor’s designee to enter into the attached retainer agreement with ECB&A LLP, in the same form or substantially similar form subject to final approval by Corporation Counsel.

 

                         NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Hoboken hereby authorizes the Mayor and/or the Mayor’s designee to sign and execute the attached retainer agreement with ECB&A LLP, a law firm that will be investigating and potentially litigating a climate change matter on behalf of the City, in the same format as attached or substantially similar format subject to final approval by Corporation Counsel; and,

 

              BE IT FURTHE RESOLVED, that the City will have no obligation or responsibility to pay ECB&A LLP; and,

 

              BE IT FURTHER RESOLVED, by a majority of the City Council of the City of Hoboken, voting in full, that the requirements of §20A of the Hoboken City Code are hereby waived relative to this agreement.

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-66

 

Resolution Appointing Municipal Prosecutors for CY 2020

WHEREAS, in accordance with N.J.S.A. 2B:25-4, each municipal court in New Jersey shall have at least one (1) municipal prosecutor appointed by the governing body, and where there are two (2) or more municipal prosecutors, a Chief Municipal Prosecutor shall be appointed; and,

 

              WHEREAS, the City wishes to appoint Corporation Counsel Brian Aloia, Esq. as the Chief Municipal Prosecutor for the City of Hoboken; and,

 

              WHEREAS, the City wishes to appoint Assistant Corporation Counsel Alyssa L. Bongiovanni, Esq. and Assistant Corporation Counsel John Allen, Esq. as Municipal Prosecutors; and,

 

              WHEREAS, the City wishes to appoint Maurice Giro, Esq. and Lyan Hummel, Esq. as Alternate Municipal Prosecutors.

             

              NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken that Brian Aloia, Esq. is hereby designated as the Chief Municipal Prosecutor for the City of Hoboken; and,

 

BE IT FURTHER RESOLVED, Alyssa L. Bongiovanni, Esq. and John Allen, Esq. are hereby designated as a Municipal Prosecutors for the City of Hoboken; and,

 

BE IT FURTHER RESOLVED, Maurice Giro, Esq. and Lyan Hummel, Esq. are hereby designated as Alternate Municipal Prosecutors for the City of Hoboken.

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-67

 

Resolution Authorizing the City to Accept and Qualify Responses to the City’s Request for Proposals for Special Counsel – Public Utilities Counsel

WHEREAS, service to the City as Special Legal Counsel- Public Utilities is a professional service as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

WHEREAS, the City of Hoboken issued Request for Proposals 19-17 seeking a qualified attorney to serve as the City’s attorney in public utility matters; and,

 

WHEREAS, proposals were received from the following:

 

1.      DeCotiis, FitzPatrick, Cole & Giblin, LLP

2.      McManimon, Scotland and Baumann, LLC

 

WHEREAS, the City has determined that all of the above listed firms are qualified to provide effective and efficient services, cost and other factors considered; and, 

 

WHEREAS, the Administration recommends that all of the above listed firms be qualified to provide legal services related to public utility matters and be considered by the City Administration, if and when the Administration finds it necessary, to engage the services of such respondent.

             

              NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that the below listed respondents are deemed qualified to be contracted to provide legal services to the City in accordance with RFP 19-17, as necessary when determined by the Administration, from the period of January 1, 2020 through December 31, 2020

 

1.      DeCotiis, FitzPatrick, Cole & Giblin, LLP

2.      McManimon, Scotland and Baumann, LLC

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-68

 

Resolution Authorizing the City to Accept and Qualify Responses to the City’s Request for Proposals for Special Counsel – Land Use and Real Property/Land Use Litigation and Pilots/Tax Abatement Counsel

WHEREAS, service to the City as Special Legal Counsel- Land Use and Real Property is a professional service as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

WHEREAS, the City of Hoboken issued Request for Proposals 19-16 seeking a qualified attorney to serve as the City’s attorney in land use and real property/land use litigation and PILOTS/tax abatement matters; and,

 

WHEREAS, proposals were received from the following:

 

1.      Murphy Partners, LLP

2.      McManimon, Scotland & Baumann

3.      DeCotiis, Fitzpatrick, Cole & Giblin, LLP

4.      Post Polak, PA

5.      Weiner Law Group

6.      The Buzak Law Firm

7.      Rogut McCarthy, LLC

 

WHEREAS, the City has determined that all of the above listed firms are qualified to provide effective and efficient services, cost and other factors considered; and, 

 

WHEREAS, the Administration recommends that all of the above listed firms be qualified to provide legal services related to land use and real property matters in accordance with RFP 19-16, and be considered by the City Administration, if and when the Administration finds it necessary, to engage the services of such respondent.

             

              NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that the below listed respondents are deemed qualified to be contracted to provide legal services to the City, as necessary when determined by the Administration, from the period of January 1, 2020 through December 31, 2020

 

1.      Murphy Partners, LLP

2.      McManimon, Scotland & Baumann

3.      DeCotiis, Fitzpatrick, Cole & Giblin, LLP

4.      Post Polak, PA

5.      Weiner Law Group

6.      The Buzak Law Firm

7.      Rogut McCarthy, LLC

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-69

 

Resolution Authorizing the City to Accept and Qualify Responses to the City’s Request for Proposals for Special Counsel – Environmental Law Counsel

WHEREAS, service to the City as Special Legal Counsel- Environmental Law Counsel is a professional service as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

WHEREAS, the City of Hoboken issued Request for Proposals 19-33 seeking a qualified attorney to serve as the City’s Environmental Law Counsel; and,

 

WHEREAS, proposals were received from the following:

 

1.      The Weiner Law Group

2.      McManimon Scotland & Baumann

 

WHEREAS, the City has determined that all of the above listed firms are qualified to provide effective and efficient services, cost and other factors considered; and, 

 

WHEREAS, the Administration recommends that all of the above listed firms be qualified to provide legal services related to environmental law matters and be considered by the City Administration, if and when the Administration finds it necessary, to engage the services of such respondent.

             

              NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that the below listed respondents are deemed qualified to be contracted to provide legal services to the City, in accordance with RFP 19-33, as necessary when determined by the Administration, from the period of January 1, 2020 through December 31, 2020: 

 

1.      The Weiner Law Group

2.      McManimon, Scotland & Baumann

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-70

 

Resolution Awarding a Professional Service Contract to Sobel Han, Llp for Legal Services as Special Counsel – Tenant Advocate Attorney in the Not to Exceed Amount of $20,000.00

WHEREAS, service to the City as Special Legal Counsel - Tenant Advocate Attorney is a professional service as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

              WHEREAS, the City of Hoboken issued Request for Proposals 19-32 seeking proposals from qualified professionals and/or firms, in compliance with the process for awarding a professional service contract pursuant to Hoboken Code §20A; and,

 

              WHEREAS, the City received one responsive proposal from Sobel Han & Cannon, LLP; and,

 

WHEREAS, the evaluation committee has determined that the proposal submitted by Sobel Han & Cannon LLP demonstrates that they are qualified to provide effective and efficient legal services to the City; and, 

 

              WHEREAS, the Administration recommends awarding a contract to Sobel Han & Cannon, LLP for legal services as Tenant Advocate Attorney, for the term of January 1, 2020 through December 31, 2020, in the not to exceed amount of $20,000.00.

 

              NOW THEREFORE, BE IT RESOLVED, that a contract is hereby awarded to Sobel Han & Cannon, LLP to represent the City as Special Legal Counsel - Tenant Advocate Attorney for a term to commence on January 1, 2020 and expire on December 31, 2020, for a total not to exceed amount of $20,000.00; and:

 

1.      The award of this contract is subject to finalization of the contract terms.

2.      Any change orders which shall become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.      The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

4.      The City is in receipt of the Stockholder Disclosure form, Contribution Disclosure form, Certificate of Employee Information Report, Business Registration Certificate, and Certificate of Insurance.

5.      The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

 

Sobel Han & Cannon, LLP

120 Sylvan Avenue

Suite 304

Englewood Cliffs, New Jersey 07632

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-71

 

Resolution Authorizing the City to Accept and Qualify Responses to the City’s Request for Proposals for Special Counsel – General Litigation

WHEREAS, service to the City as Special Legal Counsel- General Litigation is a professional service as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

WHEREAS, the City of Hoboken issued Request for Proposals 19-29 seeking a qualified attorney to serve as the City’s attorney in general litigation matters; and,

 

WHEREAS, proposals were received from the following:

 

1.      Florio, Kenny, Raval, L.L.P.

2.      Pawar Gilgallon & Rudy, LLC

3.      Antonelli Kantor, P.C.

4.      The Weiner Law Group

5.      DeCotiis, FitzPatrick, Cole & Giblin, LLP

6.      Rogut McCarthy LLC

7.      The Buzak Law Group, LLC

8.      Lite Depalma Greenberg LLC

9.      McManimon, Scotland and Baumann, LLC

10.  Wilson D. Antoine, Esq.

11.  Tesser & Cohen

12.  Renaud Deappolonio, LLC

13.  MARC

14.  Malamut & Associates, LLC

 

WHEREAS, the City has determined that all of the above listed firms are qualified to provide effective and efficient services, cost and other factors considered; and, 

 

WHEREAS, the Administration recommends that all of the above listed firms be qualified to provide legal services related to general litigation matters and be considered by the City Administration, if and when the Administration finds it necessary, to engage the services of such respondent.

             

              NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that the below listed respondents are deemed qualified to be contracted to provide legal services to the City, in accordance with RFP 19-29, as necessary when determined by the Administration, from the period of January 1, 2020 through December 31, 2020

 

1.      Florio, Kenny, Raval, L.L.P.

2.      Pawar Gilgallon & Rudy, LLC

3.      Antonelli Kantor, P.C.

4.      The Weiner Law Group

5.      DeCotiis, FitzPatrick, Cole & Giblin, LLP

6.      Rogut McCarthy LLC

7.      The Buzak Law Group, LLC

8.      Lite Depalma Greenberg LLC

9.      McManimon, Scotland and Baumann, LLC

10.  Wilson D. Antoine, Esq.

11.  Tesser & Cohen

12.  Renaud Deappolonio, LLC

13.  MARC

14.  Malamut & Associates, LLC

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-72

 

Resolution Authorizing the City to Accept and Qualify Responses to the City’s Request for Proposals for Special Counsel – Labor and Employment Counsel

WHEREAS, service to the City as Special Legal Counsel- Labor and Employment is a professional service as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

WHEREAS, the City of Hoboken issued Request for Proposals 19-28 seeking a qualified attorney to serve as the City’s Labor and Employment/Labor Relations/Affirmative Action and Ethics Counsel; and,

 

WHEREAS, proposals were received from the following:

 

1.      The Weiner Law Group

2.      Antonelli Kantor, PC

3.      Florio Kenny Raval, LLP

4.      Lite Depalma Greenberg

5.      MARC

6.      Malamut & Associates, LLC

7.      Post Polak, PA

8.      Eric Bernstein & Associates, LLC

 

WHEREAS, the City has determined that all of the above listed firms are qualified to provide effective and efficient services, cost and other factors considered; and, 

 

WHEREAS, the Administration recommends that all of the above listed firms be qualified to provide legal services related to labor, employment, affirmative action, and/or ethics matters and be considered by the City Administration, if and when the Administration finds it necessary, to engage the services of such respondent.

             

              NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that the below listed respondents are deemed qualified to be contracted to provide legal services to the City, as necessary when determined by the Administration, from the period of January 1, 2020 through December 31, 2020

 

1.      The Weiner Law Group

2.      Antonelli Kantor, PC

3.      Florio Kenny Raval, LLP

4.      Lite Depalma Greenberg

5.      MARC

6.      Malamut & Associates, LLC

7.      Post Polak, PA

8.      Eric Bernstein & Associates, LLC

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-73

 

Resolution Awarding a Contract to Lite DePalma Greenberg for Rent Control Litigation in the Amount of $7,500.00

WHEREAS, service to the City as Special Legal Counsel – Rent Control Litigation is a professional service as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

              WHEREAS, the City of Hoboken issued a Request for Proposal No. 19-23 seeking a qualified attorney(s) to represent and advise the City in rent control litigation matters; and,

 

              WHEREAS, in response to RFP No. 19-23, the City received two (2) responses:

 

1.      Lite DePalma Greenberg

2.      Florio Kenny Raval LLP

 

WHEREAS, the City’s review team evaluated the proposals and has determined that Lite DePalma Greenberg is qualified to provide effective and efficient legal services; and, 

 

              WHEREAS, the Administration recommends awarding a contract to Lite DePalma Greenberg for Special Counsel- Rent Control Litigation in the not to exceed amount of $7,500.00 for a term to expire December 31, 2020

 

              NOW, THEREFORE, BE IT RESOLVED, that a contract is hereby awarded to Lite DePalma Greenberg to act as Special Counsel- Rent Control Litigation in the amount of $7,500.00 for a term to expire December 31, 2020; and:

 

1.      The award of this contract is subject to finalization of the contract terms.

2.      Any change orders which shall become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.      The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

4.      The City is in receipt of the Stockholder Disclosure form, Contribution Disclosure form, Certificate of Employee Information Report, Business Registration Certificate, and Certificate of Insurance.

5.      The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

 

Lite DePalma Greenberg

570 Broad Street, Suite 1201

Newark, NJ 07102

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-74

 

Resolution Authorizing the City to Accept and Qualify Responses to the City’s Request for Proposals for Special Counsel –  Redevelopment Counsel

WHEREAS, service to the City as Special Legal Counsel- Redevelopment is a professional service as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

WHEREAS, the City of Hoboken issued Request for Proposals 19-20 seeking a qualified attorney to serve as the City’s attorney in redevelopment matters; and,

 

WHEREAS, proposals were received from the following:

 

1.      Rogut McCarthy, LLC

2.      McManimon, Scotland & Baumann

3.      Weiner Law Group

4.      Maraziti Falcon, LLP

 

WHEREAS, the City has determined that all of the above listed firms are qualified to provide effective and efficient services, cost and other factors considered; and, 

 

WHEREAS, the Administration recommends that all of the above listed firms be qualified to provide legal services related to redevelopment matters and be considered by the City Administration, if and when the Administration finds it necessary, to engage the services of such respondent.

             

              NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that the below listed respondents are deemed qualified to be contracted to provide legal services to the City in accordance with RFP 19-20, as necessary when determined by the Administration, from the period of January 1, 2020 through December 31, 2020

 

1.      Rogut McCarthy, LLC

2.      McManimon, Scotland & Baumann

3.      Weiner Law Group

4.      Maraziti Falcon, LLP

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-75

 

Resolution Authorizing the City to Accept and Qualify Responses to the City’s Request for Proposals for Special Counsel – Handling/Addressing Ethics and Other Miscellaneous Legal Matters

WHEREAS, service to the City as Special Legal Counsel- Ethics & Other Miscellaneous Legal Matters is a professional service as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

WHEREAS, the City of Hoboken issued Request for Proposals 19-34 seeking a qualified attorney to serve as the City’s Counsel in ethics matters and other miscellaneous legal matters; and,

 

WHEREAS, proposals were received from the following:

 

1.      Eric Bernstein & Associates, LLC

2.      Rogut McCarthy, LLC

3.      Florio Kenny Raval

4.      The Buzak Law Group

 

WHEREAS, the City has determined that all of the above listed firms are qualified to provide effective and efficient services, cost and other factors considered; and, 

 

WHEREAS, the Administration recommends that all of the above listed firms be qualified to provide legal services related to environmental law matters and be considered by the City Administration, if and when the Administration finds it necessary, to engage the services of such respondent.

             

              NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that the below listed respondents are deemed qualified to be contracted to provide legal services to the City, in accordance with RFP 19-24, as necessary when determined by the Administration, from the period of January 1, 2020 through December 31, 2020: 

 

1.      Eric Bernstein & Associates, LLC

2.      Rogut McCarthy, LLC

3.      Florio Kenny Raval

4.      The Buzak Law Group

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-76

 

Resolution Authorizing the City to Accept and Qualify Responses to the City’s Request for Proposals for Special Counsel – OPRA Attorney

WHEREAS, service to the City as Special Legal Counsel- OPRA Attorney is a professional service as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

WHEREAS, the City of Hoboken issued Request for Proposals 19-36 seeking a qualified attorney to serve as the City’s OPRA Attorney; and,

 

WHEREAS, proposals were received from the following:

 

1.              Pawar Gilgallon & Rudy, Morristown, NJ

2.              McCusker, Anselmo, Rosen, & Carvilli, PC, Florham Park, NJ

3.              Antonelli Kantor, PC, Union, NJ

4.              Inglesino, Webster, Wyciskala & Taylor, LLC, Parsippany, NJ

5.              Weiner Law Group, Parsippany, NJ

 

WHEREAS, the City has determined that all of the above listed firms are qualified to provide effective and efficient services, cost and other factors considered; and, 

 

WHEREAS, the Administration recommends that all of the above listed firms be qualified to provide legal services related to OPRA matters and be considered by the City Administration, if and when the Administration finds it necessary, to engage the services of such respondent.

             

              NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that the below listed respondents are deemed qualified to be contracted to provide legal services to the City, in accordance with RFP 19-36, as necessary when determined by the Administration, from the period of January 1, 2020 through December 31, 2020: 

 

1.              Pawar Gilgallon & Rudy, Morristown, NJ

2.              McCusker, Anselmo, Rosen, & Carvilli, PC, Florham Park, NJ

3.              Antonelli Kantor, PC, Union, NJ

4.      Inglesino, Webster, Wyciskala & Taylor, LLC, Parsippany, NJ

5.      Weiner Law Group, Parsippany, NJ

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-77

 

Resolution Awarding a Contract to McCusker, Anselmi, Rosen & Carvelli, PC in the Amount of $10,000.00 for OPRA Attorney

WHEREAS, the City requires Special Counsel to act as OPRA Attorney in OPRA litigation and general advice and guidance; and,

 

WHEREAS, City advertised RFP 19-36 in accordance with N.J.S.A. 40A:11-4.1 competitive contracting process, and received five (5) proposals; and;

 

WHEREAS, the proposals were evaluated based on criteria that included technical, management, and cost, and all applicants were deemed prequalified to provide said services to the City, including the law firm McCusker, Anselmi, Rosen & Carvelli, PC; and,

 

WHEREAS, the Administration recommends awarding a contract to McCusker, Anselmi, Rosen & Carvelli, PC for OPRA Attorney in the amount of $10,000.00 pursuant to RFP 19-36, to expire December 31, 2020.

 

                         NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that a contract is awarded to McCusker, Anselmi, Rosen & Carvelli, PC in the amount of $10,000.00, in accordance with RFP 19-36, for a term to expire December 31, 2020; subject to the following:

 

1.      The award of this contract is subject to finalization of the contract terms.

2.      Any contract amendments or change orders which may become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.      The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent ant purpose of this resolution.

4.      The City is in receipt of the Stockholder Disclosure form, Contribution Disclosure form, Certificate of Employee Information Report, Business Registration Certificate, and Certificate of Insurance.

5.      The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

 

McCusker, Anselmi, Rosen & Carvelli, PC

210 Park Avenue

Suite 301

Florham Park, NJ 07932

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-78

 

Resolution Awarding a Contract to Giro, LLP in the Amount of $20,000.00 for Alternate Municipal Prosecutor

WHEREAS, the City requires a licensed attorney to act as Alternate Municipal Prosecutor in the Hoboken Municipal Court; and,

 

WHEREAS, City advertised RFP 19-19 in accordance with N.J.S.A. 40A:11-4.1 competitive contracting process, and received two (2) proposals; and;

 

WHEREAS, the proposals were evaluated based on criteria that included technical, management, and cost; and,

 

WHEREAS, the evaluation committee determined that the proposal submitted by Giro, LLP, fulfills all of the requirements of the RFP and is the most advantageous to the City, cost and other factors considered; and,

 

WHEREAS, the Administration recommends awarding a contract to Giro, LLP for Alternate Municipal Prosecutor in the Hoboken Municipal Court, in the not to exceed amount of $20,000.00 pursuant to RFP 19-19, to expire December 31, 2020.

 

                         NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that a contract is awarded to Giro, LLP, in accordance with RFP 19-19, in the not to exceed amount of $20,000.00, for a term to expire December 31, 2020; subject to the following:

 

1.      The award of this contract is subject to finalization of the contract terms.

2.      Any contract amendments or change orders which may become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.      The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent ant purpose of this resolution.

4.      The City is in receipt of the Stockholder Disclosure form, Contribution Disclosure form, Certificate of Employee Information Report, Business Registration Certificate, and Certificate of Insurance.

5.      The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

Giro Attorneys at Law LLP

90 Main Street, #101

Hackensack, NJ 07601

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-79

 

Resolution Awarding a Contract to Antonelli Kantor, P.C. for Labor and Employment Matters in the Not to Exceed Amount of $15,000.00

WHEREAS, service to the City as Special Legal Counsel – Labor and Employment is a professional service as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

              WHEREAS, the City of Hoboken issued a Request for Proposal No. 19-28 seeking a qualified attorney(s) to represent the City in labor and employment matters; and,

 

WHEREAS, proposals were received from various law firms and all firms were prequalified to provide services to the City by way of resolution dated January 15, 2020, including Antonelli Kantor, P.C.; and,

 

              WHEREAS, the Administration recommends awarding a contract to Antonelli Kantor, P.C. to represent and/or advise the City in labor and employment matters that should arise in the not to exceed amount of $15,000.00 for a term to expire December 31, 2020

 

              NOW THEREFORE, BE IT RESOLVED, that a contract is hereby awarded to Antonelli Kantor, P.C. to represent the City in labor and employment matters in the amount of $15,000.00 for a term to expire December 31, 2020; and:

 

1.      The award of this contract is subject to finalization of the contract terms.

2.      Any change orders which shall become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.      The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

4.      The City is in receipt of the Stockholder Disclosure form, Contribution Disclosure form, Certificate of Employee Information Report, Business Registration Certificate, and Certificate of Insurance.

5.      The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

 

Antonelli Kantor, P.C.

1000 Stuyvesant Ave. Suite 1

Union, NJ 07083

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-80

 

Resolution Awarding a Contract to McCusker, Anselmi, Rosen, & Carvelli for Labor and Employment Matters in the Not to Exceed Amount of $15,000.00

WHEREAS, service to the City as Special Legal Counsel – Labor and Employment is a professional service as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

              WHEREAS, the City of Hoboken issued a Request for Proposal No. 19-28 seeking a qualified attorney(s) to represent the City in labor and employment matters; and,

 

WHEREAS, proposals were received from various law firms and all firms were prequalified to provide services to the City by way of resolution dated January 15, 2020, including McCusker, Anselmi, Rosen, & Carvelli; and,

 

              WHEREAS, the Administration recommends awarding a contract to McCusker, Anselmi, Rosen, & Carvelli to represent and/or advise the City in labor and employment matters that should arise in the not to exceed amount of $15,000.00 for a term to expire December 31, 2020

 

              NOW THEREFORE, BE IT RESOLVED, that a contract is hereby awarded to McCusker, Anselmi, Rosen, & Carvelli to represent the City in labor and employment matters in the amount of $15,000.00 for a term to expire December 31, 2020; and:

 

1.      The award of this contract is subject to finalization of the contract terms.

2.      Any change orders which shall become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.      The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

4.      The City is in receipt of the Stockholder Disclosure form, Contribution Disclosure form, Certificate of Employee Information Report, Business Registration Certificate, and Certificate of Insurance.

5.      The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

 

McCusker, Anselmi, Rosen, & Carvelli

210 Park Avenue

Suite 301

Florham Park, NJ 07932

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-81

 

Resolution Awarding a Contract to Weiner Law Group for Labor and Employment Matters in the Not to Exceed Amount of $15,000.00

WHEREAS, service to the City as Special Legal Counsel – Labor and Employment is a professional service as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

              WHEREAS, the City of Hoboken issued a Request for Proposal No. 19-28 seeking a qualified attorney(s) to represent the City in labor and employment matters; and,

 

WHEREAS, proposals were received from various law firms and all firms were prequalified to provide services to the City by way of resolution dated January 15, 2020, including Weiner Law Group; and,

 

              WHEREAS, the Administration recommends awarding a contract to Weiner Law Group to represent and/or advise the City in labor and employment matters that should arise in the not to exceed amount of $15,000.00 for a term to expire December 31, 2020

 

              NOW THEREFORE, BE IT RESOLVED, that a contract is hereby awarded to Weiner Law Group to represent the City in labor and employment matters in the amount of $15,000.00 for a term to expire December 31, 2020; and:

 

1.      The award of this contract is subject to finalization of the contract terms.

2.      Any change orders which shall become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.      The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

4.      The City is in receipt of the Stockholder Disclosure form, Contribution Disclosure form, Certificate of Employee Information Report, Business Registration Certificate, and Certificate of Insurance.

5.      The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

 

Weiner Law Group

629 Parsippany Road

Parsippany, NJ 07054

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-82

 

Resolution Awarding a Contract to Florio Kenny Raval, LLP for Labor and Employment Matters in the Not to Exceed Amount of $15,000.00

WHEREAS, service to the City as Special Legal Counsel – Labor and Employment is a professional service as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

              WHEREAS, the City of Hoboken issued a Request for Proposal No. 19-28 seeking a qualified attorney(s) to represent the City in labor and employment matters; and,

 

WHEREAS, proposals were received from various law firms and all firms were prequalified to provide services to the City by way of resolution dated January 15, 2020, including Florio Kenny Raval, LLP; and,

 

              WHEREAS, the Administration recommends awarding a contract to Florio Kenny Raval, LLP to represent and/or advise the City in labor and employment matters that should arise in the not to exceed amount of $15,000.00 for a term to expire December 31, 2020

 

              NOW THEREFORE, BE IT RESOLVED, that a contract is hereby awarded to Florio Kenny Raval, LLP to represent the City in labor and employment matters in the amount of $15,000.00 for a term to expire December 31, 2020; and:

 

1.      The award of this contract is subject to finalization of the contract terms.

2.      Any change orders which shall become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.      The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

4.      The City is in receipt of the Stockholder Disclosure form, Contribution Disclosure form, Certificate of Employee Information Report, Business Registration Certificate, and Certificate of Insurance.

5.      The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

 

Florio Kenny Raval, LLP

1000 Stuyvesant Ave. Suite 1

Union, NJ 07083

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-83

 

Resolution Awarding a Contract to the Buzak Law Group for General Ethics Matters in the Not to Exceed Amount of $7,500.00

WHEREAS, service to the City as Special Legal Counsel – General Ethics matters is a professional service as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

              WHEREAS, the City of Hoboken issued a Request for Proposal No. 19-34 seeking a qualified attorney(s) to represent the City in handling/addressing ethics matters; and,

 

WHEREAS, proposals were received from various law firms and all firms were prequalified to provide services to the City by way of resolution dated January 15, 2020, including the Buzak Law Group; and,

 

              WHEREAS, the Administration recommends awarding a contract to the Buzak Law Group to represent and/or advise the City in general ethics matters that should arise in the not to exceed amount of $7,500.00 for a term to expire December 31, 2020

 

              NOW THEREFORE, BE IT RESOLVED, that a contract is hereby awarded to the Buzak Law Group to represent the City in labor and employment matters in the amount of $7,500.00 for a term to expire December 31, 2020; and:

 

1.      The award of this contract is subject to finalization of the contract terms.

2.      Any change orders which shall become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.      The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

4.      The City is in receipt of the Stockholder Disclosure form, Contribution Disclosure form, Certificate of Employee Information Report, Business Registration Certificate, and Certificate of Insurance.

5.      The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

 

The Buzak Law Group

150 River Rd. #N4

Montville, NJ 07045

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

Environmental Services

20-84

 

Resolution Awarding a Professional Services Contract to Site LogIQ, Inc. for Asset Condition and Facility Optimization Assessment of Municipal Buildings and Parking Garages and Development of a Long-Term Facilities Maintenance Plan

WHEREAS, the City of Hoboken needs to obtain an engineering and architecture firm to complete an asset condition and facility optimization assessment of municipal buildings and parking garages; and,

 

WHEREAS, the outcome of the asset condition and facility optimization assessment will be a Long-Term Facility Maintenance Plan which includes the assessment findings, professional recommendations, advanced prioritization of needed facility improvements, construction budgets, and financing; and,

 

WHEREAS, a comprehensive long-term facilities maintenance plan will be a valuable tool to guide the City in improving indoor environments, enhancing municipal services including occupancy comfort and productivity, and addressing both energy efficiency and long-term sustainability of the City’s operations; and,

 

WHEREAS, the City of Hoboken can make the most cost-effective decisions by comprehensively evaluating, analyzing, and planning for short- and long-term facilities improvements; and,

 

WHEREAS, engineering and architecture are professional services as defined in N.J.S.A. 40A:11-5(1)(a)(i) et seq.; and;

 

WHEREAS, Site LogIQ, Inc. submitted the attached proposal dated January 10, 2020, to perform the aforementioned services; and,

 

WHEREAS, SiteLogIQ is uniquely qualified to develop a Long Term Facilities Maintenance Plan with professional services in architecture, engineering, construction and program management, commissioning and community engagement; and,

 

WHEREAS, pursuant to Hoboken City Code §20A-4(A), the municipality shall award all contracts or agreements for the provision of professional services on the basis of qualification based, competitive negotiation; and,

 

WHEREAS, §20A-4(H) of the Hoboken City Code allows the City Council to waive part or all of the requirements of §20A-4 by a majority vote of the full Council in the event compliance with part or all of the requirements delineated in §20A-4 is impracticable; and,

 

WHEREAS, the Administration recommends that the requirements set forth in Hoboken City Code §20A-4 be waived and Site LogIQ. Inc. be awarded the contract based upon their unique approach to developing a Long-Term Facility Maintenance Plan and specialized knowledge of the subject matter; and,

 

WHEREAS, Site LogIQ, Inc. has completed and submitted a Business Entity Disclosure Certification and Contribution Disclosure form; and,  

 

WHEREAS, SiteLogIQ, Inc. will provide said services at no initial cost to the City, as the City shall consider utilizing SiteLogIQ, Inc. for any future professional services that result from the development of the long-term facilities maintenance plan; and,

 

WHEREAS, the Administration recommends awarding a no-cost contract to SiteLogIQ, Inc. for a term to expire January 14, 2021; and,

 

WHEREAS, if SiteLogIQ completes the aforementioned scope of work and the City of Hoboken elects not to award a contract to SiteLogIQ for any future professional services, the City of Hoboken shall reimburse SiteLogIQ in the not to exceed amount of $38,332.35 ($0.05 per square foot) for the costs incurred developing the long-term facilities maintenance plan; and,

 

WHEREAS, the City is not obligated to award a contract to SiteLogIQ for any future professional services; and,

 

WHEREAS, any future professional services or reimbursement expenses shall require an additional resolution by the City Council of Hoboken, as professional services contracts are for a term of one year, and such expenses would not occur before the expiration of the contract authorized herein.

 

NOW, THEREFORE, BE IT RESOLVED, that a professional service contract is awarded to SiteLogIQ, Inc. for the asset condition and facility optimization assessment of municipal buildings and parking garages and development of a long-term facilities maintenance plan, in the amount of $38,332.35, to expire on January 14, 2021; and,

 

BE IT FURTHER RESOLVED, that this resolution shall take effect immediately, subject to the following conditions:

 

1.              The award of this contract is subject to finalization of the contract terms.

2.              This contract and any change orders which shall become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.              The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

4.              The City is in receipt of the Stockholder Disclosure form, Contribution Disclosure form, Certificate of Employee Information Report, Business Registration Certificate, and Certificate of Insurance.

5.              The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

 

SiteLogIQ, Inc.

100 Overlook Center, 2nd Floor

Princeton, NJ 08540

RESULT:              Adopted   [Unanimous]

SPONSOR:              James Doyle

SECOND:              Emily Jabbour

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-85

 

Resolution Approving a Change Order to the City's Contract with J. Fletcher Creamer, Inc. for the Water System Renewal Program - Phase I in the Decreased Amount of $123,412.40 for a 1.97 Decrease from Original Contract Amount

WHEREAS, pursuant to Resolution No. E8 dated, June 5, 2018, the City Council awarded a contract to J. Fletcher Creamer & Son, Inc. (JFC) for the Water Infrastructure Upgrades Project Phase 1in the amount of $6,267,987.95; and,

 

WHEREAS, the City received the attached correspondences from Michael J. Caggiano, Construction Manager, CDM Smith dated January 9, 2020, recommending change order No. 1 to the contract with JFC in the decreased amount of $123,412.40; and,

 

WHEREAS, JFC has proposed the installation of ductile iron tees for service connections four (4) inches or larger instead of installing a tapping sleeve as required by the contract because it was determined that this proposal would be more efficient and cost-effective; and,

 

WHEREAS, JFC has provided a cost proposal for the 8”x4” and 6”x6” tees that are not items included in the approved schedule of valves to be paid for under the Contingency Allowance (W-25); and,

 

WHEREAS, the values of the tees and valves associated with the 8”x6” (Items W-3K/W-5B) and 8”x8” tees (Items W-3J/W-5A) are to be taken from the approved schedule of values, resulting in a deduction from the full amount of the tapping sleeve items (W-5A/5B/5C/5D); and,

 

WHEREAS, CDM Smith finds JFC’s cost proposal to be fair and reasonable, and recommends authorizing this change order as an add/deduct change based on the attached cost breakdown; and,

 

WHEREAS, the estimated difference will result in Change Order No. 1 in the decreased amount of $123,412.40; and;

 

WHEREAS, the new total contract amount, including previous change orders, is $6,144,575.55, which represents a 1.97% decrease from the current and original contract amount; and,

 

WHEREAS, the Administration recommends approving change order No. 1 to J. Fletcher Creamer & Son, Inc. in the decreased amount of $123,412.40 for a total contract amount of $6,144,575.55.

 

                         NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that change order No. 1 is awarded as delineated above in the decreased amount of $123,412.40 subject to the following:

1.      The award of this change order is subject to finalization of the contract terms.

2.      Any contract additional change orders which may become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.      The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

4.      The Mayor, or his designee, is hereby authorized to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

RESULT:              Adopted   [Unanimous]

SPONSOR:              James Doyle

SECOND:              Emily Jabbour

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

Finance

20-86

 

Resolution Awarding a Professional Services Contract to Hodulik and Morrison, P.A.  for General Municipal Auditing Services in the Amount of $142,900.00

WHEREAS, service to the City as Municipal Auditor is a professional service as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

WHEREAS, the City of Hoboken issued Request for Proposals 19-13 seeking a qualified auditor; and,

 

WHEREAS, proposals were received from the following:

 

1.      Ferraioli, Wielkotz, Cerullo & Cuvo, P.A.

401 Wanaque Avenue

Pompton Lakes, New Jersey 07442

 

2.      Hodulik & Morrison, P.A.

A Division of PKF O’Connor Davies

20 Commerce Drive, Suite 301

Cranford, NJ 07016

 

 

WHEREAS, the evaluation committee has determined that the proposal submitted by Hodulik & Morrison, P.A. demonstrates that the firm is the most qualified to provide effective and efficient auditing services to the City, cost and other factors considered; and, 

 

WHEREAS, the Administration recommends awarding a contract to Hodulik & Morrison, P.A. in the amount of $142,900.00 for the services described above for a term of one (1) year to expire no later than December 31, 2020.

 

NOW, THEREFORE, BE IT RESOLVED, that a contract is awarded to Hodulik & Morrison, P.A. in the amount of $142,900.00 for general municipal auditing services for a term to expire on December 31, 2020, subject to the following:

 

1.      The award of this contract is subject to finalization of the contract terms to be drafted and approved by Corporation Counsel.

2.      Any contract amendments which may become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.      The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

4.      The City is in receipt of the Stockholder Disclosure form, Contribution Disclosure form, Certificate of Employee Information Report, Business Registration Certificate, and Certificate of Insurance.

5.      The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

 

Hodulik & Morrison, P.A.

A Division of PKF O’Connor Davies

20 Commerce Drive, Suite 301

Cranford, NJ 07016

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-87

 

Resolution to Award a Contract to Mcguire Associates, LLC to Serve as the City’s Tax Appraiser in the Amount of $93,500.00

WHEREAS, service to the City as Tax Appraiser is a professional service as defined by N.J.S.A. 40A:11-1 et seq; and,

 

WHEREAS, the City of Hoboken issued Request for Proposals 19-31 seeking a qualified real estate appraisers; and,

 

WHEREAS, McGuire Associates, LLC was prequalified to perform real estate appraisal services for the term of January 1, 2020 through December 31, 2020; and,

 

WHEREAS, the evaluation committee has determined that the proposal submitted by McGuire Associates, LLC demonstrates that the firm is qualified to provide effective and efficient services, cost and other factors considered; and,  

 

              WHEREAS, the Administration recommends awarding a contract McGuire Associates, LLC to serve as the City’s tax appraiser for the term of January 1, 2020 through December 31, 2020, in the amount of $93,500.00 

 

              NOW THEREFORE, BE IT RESOLVED, that a contract is hereby awarded to McGuire Associates to serve as the City’s tax appraiser for a term to commence on January 1, 2020 and expire January 31, 2020, for a total not to exceed amount of $93,500.00, subject to the following:

 

1.      The award of this contract is subject to finalization of the contract terms.

2.      Any change orders or amendments which shall become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.      The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

4.      The City is in receipt of the Stockholder Disclosure form, Contribution Disclosure form, Certificate of Employee Information Report, Business Registration Certificate, and Certificate of Insurance.

5.      The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

 

McGuire Associates, LLC

547 Summit Avenue

Jersey City, NJ 07306

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-88

 

Resolution Authorizing the City of Hoboken to Accept and Qualify Responses to the City’s Request for Qualifications for Real Estate Appraisal Services

              WHEREAS, it is occasionally necessary for the City of Hoboken to engage the services of a qualified professional and/or firm to provide real estate appraisal services; and,

 

              WHEREAS, therefore, the City issued a Request for Qualifications No. 19-31 seeking proposals from qualified real estate appraisers, in compliance with the process for awarding a professional service contract pursuant to Hoboken Code §20A; and,

 

              WHEREAS, the City received two (2) proposals, from the firms below:

 

1.      Hallmark Real Estate Service, Inc.

707 Summit Avenue

Union City, New Jersey 07087

 

2.      McGuire Associates, LLC

547 Summit Avenue

Jersey City, New Jersey 07306

 

             

              WHEREAS, the City’s review team has determined that all respondents are qualified to be considered by the City Administration, if and when the Administration finds it necessary, to engage the services of such respondent.

             

              NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that the below listed respondents are deemed qualified to be contracted for real estate appraisal services to the City, as necessary when determined by the Administration, from the period of January 1, 2020 through December 31, 2020:

 

3.      Hallmark Real Estate Service, Inc.

707 Summit Avenue

Union City, New Jersey 07087

 

4.      McGuire Associates, LLC

547 Summit Avenue

Jersey City, New Jersey 07306

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-89

 

Resolution Authorizing the City to Accept and Qualify Responses to the City’s Request for Proposals for Financial Advisory Services

WHEREAS, service to the City as a Financial Advisor is professional services as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

WHEREAS, the City of Hoboken issued Request for Qualifications 19-14 seeking qualified firms and/individuals to provide Financial Advisory services; and,

 

WHEREAS, proposals were received from the following:

 

A.    Acacia Financial Group, Inc.

6000 Midatlantic Drive, Suite 410 North

Mount Laurel, NJ 08054

 

B.     Phoenix Advisors, LLC

625 Farnsworth Ave

Bordentown, NJ  08505

 

WHEREAS, the City’s evaluation team has determined that both of the above listed firms are qualified to provide effective and efficient services, cost and other factors considered; and, 

 

WHEREAS, the Administration recommends that both of the above listed firms be qualified for Financial Advisory services, to be considered by the City Administration, if and when the Administration finds it necessary, to engage the services of such respondent.

             

              NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that the below listed respondents are deemed qualified to be contracted with and provide Financial Advisory services to the City, as necessary when determined by the Administration, from the period of January 1, 2020 through December 31, 2020:

 

A.    Acacia Financial Group, Inc.

6000 Midatlantic Drive, Suite 410 North

Mount Laurel, NJ 08054

 

 

B.     Phoenix Advisors, LLC

625 Farnsworth Ave

Bordentown, NJ  08505

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-90

 

Resolution Awarding a Professional Services Contract to Acacia Financial Group, Inc. in the Amount of $15,000.00 for Financial Advisory Services

WHEREAS, Financial Advisory services are a professional service as defined in N.J.S.A. 40A:11-5(1)(a)(i) et seq.; and;

 

WHEREAS, the City of Hoboken issued a Request for Proposal No. 19-14 seeking Financial Advisory Services; and,

 

WHEREAS, Acacia Financial Group, Inc. (“Acacia”) was prequalified to provide said services to the City by way of Resolution dated January 15, 2020; and,

 

WHEREAS, the Administration recommends awarding a contract to Acacia for financial advisory services in the amount of $15,000.00, for a term to expire December 31, 2020.

 

                         NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that a contract is hereby awarded to Acacia Financial Group, Inc. in the amount of $15,000.00, for a term to expire December 31, 2020; and:

 

1.      The award of this contract is subject to finalization of the contract terms to be drafted and approved by Corporation Counsel.

2.      Any contract amendments which may become necessary shall be subject to the City’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the City Council.

3.      The Council hereby authorizes the Mayor, or his designee, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution.

4.      The City is in receipt of the Stockholder Disclosure form, Contribution Disclosure form, Certificate of Employee Information Report, Business Registration Certificate, and Certificate of Insurance.

5.      The Mayor, or his designee, is hereby authorized to execute an agreement as outlined herein with:

 

Acacia Financial Group, Inc.

6000 Midlantic Drive, Suite 410 North

Mount Laurel, NJ  08054

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-91

 

Resolution Authorizing the City to Accept and Qualify Responses to the City’s Request for Proposals for Bond Counsel

WHEREAS, service to the City as an Bond Counsel is professional services as defined by N.J.S.A. 40A:11-1 et seq.; and,

 

WHEREAS, the City of Hoboken issued Request for Qualifications 19-25 seeking qualified Bond Counsel; and,

 

WHEREAS, proposals were received from the following:

 

Decotiis, Fitzpatrick, Cole, & Giblin, LLP

500 Frank W. Burr Blvd. Suite 31

Teaneck, NJ  07666

 

Parker McCay

9000 Midlantic Dr.  Suite 300

PO Box 5054

Mount Laurel, NJ  07054

 

WHEREAS, the City’s evaluation team has determined that all of the above listed firms are qualified to provide effective and efficient services, cost and other factors considered; and, 

 

WHEREAS, the Administration recommends that all of the above listed firms be qualified to be considered by the City Administration, if and when the Administration finds it necessary, to engage the services of such respondent.

             

              NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that the below listed respondents are deemed qualified to be contracted with and provide Bond Counsel services to the City, as necessary when determined by the Administration, from the period of January 1, 2020 through December 31, 2020:

 

Decotiis, Fitzpatrick, Cole, & Giblin, LLP

500 Frank W. Burr Blvd. Suite 31

Teaneck, NJ  07666

 

Parker McCay

9000 Midlantic Dr.  Suite 300

PO Box 5054

Mount Laurel, NJ  07054

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-92

 

Resolution Authorizing the Refund of Added Assessments that Were Reduced by the Hudson County Board of Taxation

WHEREAS, on December 19, 2019, the Hudson County Board of Taxation granted a reduction against a 2019 added assessment on the following properties; and,

 

WHEREAS, the tax paid on the original added assessment has been paid prior to the reduction being granted; and,

 

WHEREAS, the City seeks approval to refund the tax payments based upon the reduction in the assessment as follows:

 

NAME

PROPERTY

APPEAL #

OVERPAYMENT AMOUNT

           

1024 ADAMS HOBOKEN LLC % BIJOU

1422 GRAND ST #5B

HOBOKEN, NJ 07030

 

 

1024 ADAMS STREET

 

05-1900299AA

 

      $6,483.55

           

KEITH & MICHELLE LUSTMAN

328 HUDSON STREET

HOBOKEN, NJ 07030

 

 

328 HUDSON STREET

 

05-1900305LA

 

 

      $4,797.00

   

JASON & ALLISON SILVERGLATE

722 JEFFERSON STREET #5A

HOBOKEN, NJ 07030

 

722 JEFFERSON STREET

 

05-1900297AA

 

        $3,060.48

   

BERNEY KURT

420 MILLBURN STREET

MILLBURN, NJ 07041

 

402 MONROE STREET

 

05-1900296AA

 

        $  39.98

 

 

                         NOW, THEREFORE, BE IT RESOLVED, that the 2019 added tax amounts be reduced for 2019 4th quarter tax as a result of this decrease in assessment, and a warrant be drawn on the City treasury in the total amount of $14,381.01, made payable to the following:

 

 

NAME

PROPERTY

APPEAL #

OVERPAYMENT AMOUNT

           

1024 ADAMS HOBOKEN LLC % BIJOU

1422 GRAND ST #5B

HOBOKEN, NJ 07030

 

 

1024 ADAMS STREET

 

05-1900299AA

 

      $6,483.55

           

KEITH & MICHELLE LUSTMAN

328 HUDSON STREET

HOBOKEN, NJ 07030

 

 

328 HUDSON STREET

 

05-1900305LA

 

 

      $4,797.00

   

JASON & ALLISON SILVERGLATE

722 JEFFERSON STREET #5A

HOBOKEN, NJ 07030

 

722 JEFFERSON STREET

 

05-1900297AA

 

        $3,060.48

   

BERNEY KURT

420 MILLBURN STREET

MILLBURN, NJ 07041

 

402 MONROE STREET

 

05-1900296AA

 

        $  39.98

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

Tax Collector

20-93

 

Resolution Authorizing the Refund of Tax Overpayments

WHEREAS, an overpayment of taxes has been made on the following properties:

 

NAME

BL/LOT/UNIT

PROPERTY

QTR/YEAR

AMOUNT

 

JASON DOSHI & BINNY PATEL

115 GRAND STREET #405

HOBOKEN, NJ 07030

 

        32/8/C0405

 

115 GRAND STREET

 

            4/19

 

       $5,400.00

 

AFRM TITLE & ABSTRACT, LLC

30 FRENEAU AVE.

ROUTE 79

MATAWAN, NJ 07747

 

        82/7/C0500

 

713 MONROE STREET

 

            4/19

 

       $7,505.00

 

 

WHEREAS, Sharon Curran, Collector of Revenue for the City of Hoboken recommends that the above refunds be made in accordance with N.J.S.A. 54:4-69.

 

                         NOW, THEREFORE, BE IT RESOLVED, that a warrant be drawn on the City Treasury in the total amount of $12,905.00, representing refunds for tax overpayments, made payable to the following:

 

NAME

BL/LOT/UNIT

PROPERTY

QTR/YEAR

AMOUNT

 

JASON DOSHI & BINNY PATEL

115 GRAND STREET #405

HOBOKEN, NJ 07030

 

        32/8/C0405

 

115 GRAND STREET

 

            4/19

 

       $5,400.00

 

AFRM TITLE & ABSTRACT, LLC

30 FRENEAU AVE.

ROUTE 79

MATAWAN, NJ 07747

 

        82/7/C0500

 

713 MONROE STREET

 

            4/19

 

       $7,505.00

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

20-94

 

Resolution Authorizing  Refunds from Tax Appeals that Were Filed in the State Tax Court

WHEREAS, a tax appeal was filed in the State Tax Court regarding the following properties:

 

NAME

BL/LOT/UNIT

PROPERTY

QTR/YEAR

AMOUNT

ADVANCE AT HOBOKEN, LLC

C/O SKOLOFF & WOLFE, P.C.

293 EISENHOWER PARKWAY

LIVINGSTON, NJ 07039

 

          116/1.02

 

1330 WILLOW AVENUE

 

            2019

 

       $31,180.50

JENNIFER R. JACOBUS TRUSTEE

FOR TOMASSO, PETER A

201 LITTLETON ROAD, 1ST FLOOR

MORRIS PLAINS, NJ 07950

 

         250/33

 

1230 BLOOMFIELD ST

 

          2019

 

     $ 3,026.91

BRACH EICHLER LLC AND

CHOI-SUPER, JUDY

101 EISENHOWER PARKWAY

ROSELAND, NJ 07068

 

           61/16

 

414 GRAND STREET

 

          2019

 

    $2,510.43

 

WHEREAS, the Court entered judgment which reduced the assessed value of the properties; and

 

WHEREAS, as a result, Sharon Curran, Collector of Revenue for the City of Hoboken has calculated the refund to be made in accordance with the judgment and the City Council seeks to authorize that said refund payments be effectuated.

 

NOW, THEREFORE, BE IT RESOLVED, that a warrant be drawn on the City Treasury in the total amount of $36,717.84, representing refunds as a result of tax appeals, made payable to the following:

 

NAME

BL/LOT/UNIT

PROPERTY

QTR/YEAR

AMOUNT

ADVANCE AT HOBOKEN, LLC

C/O SKOLOFF & WOLFE, P.C.

293 EISENHOWER PARKWAY

LIVINGSTON, NJ 07039

 

          116/1.02

 

1330 WILLOW AVENUE

 

            2019

 

       $31,180.50

JENNIFER R. JACOBUS TRUSTEE

FOR TOMASSO, PETER A

201 LITTLETON ROAD, 1ST FLOOR

MORRIS PLAINS, NJ 07950

 

         250/33

 

1230 BLOOMFIELD ST

 

          2019

 

     $ 3,026.91

BRACH EICHLER LLC AND

CHOI-SUPER, JUDY

101 EISENHOWER PARKWAY

ROSELAND, NJ 07068

 

           61/16

 

414 GRAND STREET

 

          2019

 

    $2,510.43

RESULT:              Adopted   [Unanimous]

SPONSOR:              Emily Jabbour

SECOND:              Phil Cohen

AYES:              Cohen, Doyle, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

ABSENT:              Mike DeFusco

 

Transportation and Parking

20-95

 

Resolution Authorizing a Contract with Duncan Parking Technologies, Inc. in the Amount of $4,468 for a Six-Month Pilot Program Involving the Deployment of 75 In-Street Vehicle Detection Sensors on Washington Street

WHEREAS, the City of Hoboken has the goal of being a Smart City and therefore wishes to pursue the implementation of technologies that improve governance and enhance quality of life for residents, visitors, and other community stakeholders; and,

 

WHEREASthe Hoboken Parking Utility has negotiated a six-month pilot program with Duncan Parking Technologies, Inc., a subsidiary of Civic Smart, Inc. (a.k.a. “Civic Smart”), at a significant cost reduction, for the installation of in-street vehicle detection sensors and associated equipment and software; and,

 

WHEREAS, as part of the six-month pilot program, Civic Smart will install 75 in-street vehicle detection sensors underneath on-street parking spaces on Washington Street between Newark Street and 4th Street; and,

 

WHEREAS, the in-street vehicle detection sensors will be able to recognize when a parking space is available and share that information in real-time through the ParkMobile app; and,

 

WHEREAS, in-street vehicle detection sensors will also help streamline the enforcement of time limit regulations, including loading zones and metered parking; and,

 

WHEREAS, Civic Smart back end software will provide the Hoboken Parking Utility with substantial parking utilization data on lower Washington Street, which will help improve on-street parking operations and inform policy decisions; and,

 

WHEREAS, the Administration recommends authorizing a contract with Civic Smart, Inc. in the amount of $4,468.00 for a six-month pilot program for the installation of 75 in-street vehicle detection sensors and associated equipment and software.

 

                         NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that a contract is hereby awarded to Duncan Parking Technologies, Inc. in the amount of $4,468.00, for a term of six (6) months from the date of this resolution, subject to the following:

 

1.      The award of