MINUTES FOR MEETING OF MAY 20, 2020

Minutes of Regular Meeting of May 20, 2020. Page 1

THE COUNCIL OF THE CITY OF HOBOKEN

MINUTES FOR MEETING OF MAY 20, 2020

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 Present

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

Instructions for Virtual City Council Meeting

Please be advised that due to the current State of Emergency due to the COVID-19 outbreak, and in

accordance with guidelines issued by the State of New Jersey for public meetings during this time, the

May 20, 2020 City Council meeting will be held virtually and will be available to the public via the

following platforms:

• Online through the Meeting Portal, available at the following link:

<http://hobokennj.iqm2.com/citizens/default.aspx>

• Streamed on Facebook Live: <https://www.facebook.com/pg/Hoboken/videos/>

• As a Zoom meeting (see instructions below)

If you would like to make a comment or statement, testify

• Use our zoom meeting link: https://us02web.zoom.us/j/83025219057


.

Additionally, you may comment during the meeting using the Zoom "chat" function (see below for

further instructions for utilizing Zoom).

*Please limit all statements to a maximum of 5 minutes. *

Thank you for your patience and understanding.

Zoom Directions:

In order to use the Zoom platform to join the meeting, you can join via desktop or smartphone app at the

following link:

• https://us02web.zoom.us/j/83025219057

You may also use a direct phone line to connect to the Zoom meeting with the following information:

• Phone Number: 646 876 9923

• Meeting ID: 819 9428 1334

Please follow these steps to join Zoom by desktop or app:

1. Click on the link above to enter the meeting.

2. If for some reason you are having trouble with the link, go to zoom.us and on the top

right corner, click “Join a Meeting”

a. Once prompted, enter the meeting using the ID number: 819 9428 1334

b. Select button "Join Meeting."

c. You may be prompted to enter your name.

d. In the bottom left corner, please make sure to click the microphone button so as to

Mute your device (when on mute, a diagonal line will appear through the

microphone icon).

e. If you would like to speak, you will be asked through the "CHAT" function in the

bottom center of the screen which topic you would like to speak on. There are two

options: (a) Second Reading Ordinances; and (b) Public Portion (for all other

comments). The latter should be selected to speak on Resolutions. Please be

specific to identify the ordinance or resolution on which you will be speaking.

f. You will be placed in the waiting room until it is your time to speak. You will be

instructed when it is your opportunity to speak.

g. While speaking, in order to view all speakers, select the option for "Gallery


View" in the top right corner from the menu.

PUBLIC COMMENTS ON ORDINANCES

2nd Readings and Final Reading

B-229

ORDINANCE AMENDING CHAPTER 190-11 LOADING ZONES TO ESTABLISH LOAD

ZONE FEES

WHEREAS, Chapter 190 of the General Code of the City of Hoboken establishes the rules and

regulations associated with circulation and parking within City borders; and,

WHEREAS, the municipality has found that specific sections of Chapter 190 currently require

amendments to better effectuate safe, orderly, and efficient use of public space and secure curbside

resources; and,

WHEREAS, loading zones help facilitate local commerce through safe and orderly delivery of

freight in urbanized areas; and,

WHEREAS, loading zones on commercial and retail corridors are currently free of charge in

Hoboken even though they are located within metered parking zones with extremely high curbside

utilization rates; and,

WHEREAS, best industry practice is to charge a fee for the use of loading zones in commercial

areas; and,

WHEREAS, the establishment of loading zone fees will require users to start a parking session

through a payment at a paystation or through ParkMobile, which will allow the Parking Utility to more

efficiently monitor how long a vehicle has been parked in a loading zone and in turn encourage more

turnover in loading zones; and,

WHEREAS, the City proposes loading zone parking fees that are at parity with prevailing meter

parking rates in commercial areas; and,

WHEREAS, loading zones in predominantly residential areas of the city will remain free of

charge at this time.

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: AMENDMENTS TO HOBOKEN CODE CHAPTER 190

§ 190-11. Loading zones designated.


A. Commercial loading zones designated.

The locations described are hereby designated as Commercial Loading Zones. No person shall park a

vehicle in said location during the times indicated other than for the loading or unloading of goods and

materials for the time limit and fee designated hereinafter.

Name of Street Times Sides Location

Time

Limit

Rate

Fifteenth Street

8:30 a.m. to 5:30

p.m.

Monday through

Saturday

South Beginning at a point 135 feet

west of the westerly curbline of

Hudson Street and extending 60

feet westerly therefrom

20

minutes

$0.50/15

min.

First Street 6:00 a.m. to 6:00

p.m.

Monday through

Saturday

South Beginning at a point 78 feet east

of the easterly curbline of

Clinton Street and extending 73

feet easterly therefrom

20

minutes

$0.50/15

min.


p.m.

Monday through

Friday


of the easterly curbline of Park

Avenue and extending 40 feet

easterly therefrom

20

minutes

$0.50/15

min.


p.m.

Monday through

Saturday

North Beginning at a point 35 feet east


Bloomfield Street and extending

37 feet easterly therefrom

20

minutes

$0.50/15

min.

First Street

8:00 a.m. to 4:00

p.m.

Monday through

Friday


of the easterly curbline of River

Street and extending 40 feet

easterly therefrom

20

minutes

$0.50/15

min.

First Street

6:00 a.m. to 6:00

p.m.

Monday to

Saturday





20

minutes

$0.50/15

min.

First Street

8:00 a.m. to 8:00

p.m. Monday

through Saturday




easterly therefrom

20

minutes

$0.50/15

min.

Fourth Street

8:00 a.m. to

11:00 a.m.

Monday through

Friday


of the eastern curbline of

Washington Street and

extending 20 feet easterly

therefrom

20

minutes

0.25/15

min.

Hudson Place

8:00 a.m. to 4:00

p.m. Monday

North Beginning at a point 20 feet

west of the easterly terminus of

20

minutes

$0.50/15

min.


through Friday Hudson Place and extending 18


Hudson Place

10:00 a.m. to

4:00 p.m.

Monday through

Friday





20

minutes

$0.50/15

min.

Hudson Street

8:00 a.m. to 5:00

p.m. Monday

through Saturday

East Beginning at a point 44 feet

from the northern curbline of

Hudson Place, extending 50 feet

northerly therefrom

20

minutes

$0.50/15

min.

Hudson Street

8:30 a.m. to 5:30

p.m.

Monday through

Saturday

West Beginning at a point 155 feet

north of the northerly curbline

of Fourteenth Street and

extending 40 feet northerly

therefrom

20

minutes

$0.25/15

min.

River Street

9:00 a.m. to 1:00

p.m.

Monday through

Friday



of Hudson Place and extending

110 feet northerly therefrom

20

minutes

$0.50/15

min.

Second Street 8:00 a.m. to 7:00

p.m.

Monday through

Saturday





20

minutes

$0.50/15

min.

Second Street

8:00 a.m. to 7:00

p.m.

Monday through

Saturday





therefrom

20

minutes

$0.50/15

min.

Second Street

8:00 a.m. to 6:00

p.m.

Monday through

Saturday



River Street and extending 44


20

minutes

$0.50/15

min.

Sinatra Drive 8:00 a.m. to 6:00

p.m.

Monday through

Saturday


north of the easterly curbline of


feet northerly therefrom

20

minutes

$0.50/15

min.

Third Street 8:00 a.m. to 7:00

p.m.

Monday through

Saturday





therefrom

20

minutes

$0.50/15

min.

Washington

Street

6:00 a.m. to 2:00

p.m. Monday

through Friday


south of the southerly curbline

of Second Street and extending

20

minutes

$0.50/15

min.


40 feet southerly therefrom

Washington

Street

6:00 a.m. to 2:00

p.m. Monday

through Friday



of Sixth Street and extending 40

feet southerly therefrom

20

minutes

$0.50/15

min.

Washington

Street

6:00 a.m. to 2:00

p.m. Monday

through Friday



of Tenth Street and extending 50


20

minutes

$0.50/15

min.

Washington

Street

6:00 a.m. to 2:00

p.m. Monday

through Friday



of Third Street and extending 40


20

minutes

$0.50/15

min.

Washington

Street

6:00 a.m. to 2:00

p.m. Monday

through Friday



of Eighth Street and extending


20

minutes

$0.50/15

min.

Washington

Street

6:00 a.m. to 2:00

p.m. Monday

through Friday



of Fifth Street and extending 40


20

minutes

$0.50/15

min.

Washington

Street

6:00 a.m. to 2:00

p.m. Monday

through Friday



of Fourth Street and extending


20

minutes

$0.50/15

min.

Washington

Street

6:00 a.m. to 2:00

p.m. Monday

through Friday



of Ninth Street and extending 50


20

minutes

$0.50/15

min.

Washington

Street

6:00 a.m. to 2:00

p.m. Monday

through Friday





20

minutes

$0.50/15

min.

Washington

Street

6:00 a.m. to 2:00

p.m. Monday

through Friday





20

minutes

$0.50/15

min.

Washington

Street

6:00 a.m. to 2:00

p.m. Monday

through Friday





20

minutes

$0.50/15

min.

Washington

Street

6:00 a.m. to 2:00

p.m. Monday

through Friday




20

minutes

$0.50/15

min.



Washington

Street

6:00 a.m. to 2:00

p.m. Monday

through Friday





20

minutes

$0.50/15

min.

B. Residential loading zones designated.

The locations described are hereby designated as Residential Loading Zones. No person shall park a

vehicle in said location during the times indicated other than for the loading or unloading of goods and

materials for the time limit designated hereinafter.

Name of Street Times Sides Location Time Limit

Adams Street 8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Bloomfield

Street

Sunday 9:00 a.m. to

1:00 p.m. and

Wednesday 6:00 p.m. to

9:00 p.m.





20 minutes

Bloomfield

Street

8:00 a.m. to 6:00 p.m.

Monday through Friday





20 minutes

Bloomfield

Street

9:00 a.m. to 1:00 p.m.

Saturday

7:00 p.m. to 9:00 p.m.

Wednesday

7:00 p.m. to 9:00 p.m.

Friday

West Beginning at the northerly

curbline of Ninth Street and


therefrom

20 minutes

Clinton Street

8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Clinton Street

10:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Clinton Street

8:00 a.m. to 6:00 p.m.

Monday through

Saturday



of Seventh Street and extending


20 minutes



Clinton Street

10:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Clinton Street

8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Clinton Street

8:00 a.m. to 6:00 p.m.




of Fifteenth Street and

extending 40 feet southerly

therefrom

20 minutes

Clinton Street 8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Clinton Street

8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Clinton Street 8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Eighth Street

8:00 a.m. to 6:00 p.m.

Monday through

Saturday



Garden Street and extending 30


20 minutes

Eighth Street

8:00 a.m. to 6:00 p.m.




Monroe Street and extending 40


20 minutes

Fifteenth Street

8:30 a.m. to 5:30 p.m.

Monday through

Saturday





20 minutes

Fifth Street

9:00 a.m. to 5:00 p.m.




Park Avenue and extending 40


20 minutes

First Street 6:00 a.m. to 6:00 p.m.

Monday through



20 minutes



Saturday Clinton Street and extending 73





of the easterly curbline of Park

Avenue and extending 40 feet

easterly therefrom

20 minutes


Monday through

Saturday





20 minutes

First Street

8:00 a.m. to 4:00 p.m.





easterly therefrom

20 minutes

First Street

7:00 a.m. to 6:30 p.m.




Harrison Street and extending


20 minutes

First Street

6:00 a.m. to 6:00 p.m.

Monday to Saturday





20 minutes

First Street

8:00 a.m. to 8:00 p.m.

Monday through

Saturday




easterly therefrom

20 minutes

Fourth Street

8:00 a.m. to 11:00 a.m.



of the eastern curbline of



therefrom

20 minutes

Garden Street

8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Garden Street

8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Garden Street

8:00 a.m. to 6:00 p.m.


West Beginning at the southwest

curbline of Eleventh Street and

extending 35 feet south

therefrom

20 minutes



Grand Street 8:00 a.m. to 6:00 p.m.






20 minutes

Grand Street

8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes







20 minutes







20 minutes

Harrison Street

All times East Beginning at a point 30 feet


of Observer Highway and


therefrom

20 minutes

Harrison Street

8:00 a.m. to 6:00 p.m.

Monday through

Saturday





therefrom

20 minutes

Harrison Street

8:00 a.m. to 6:00 p.m.

Monday through

Saturday





therefrom (for 50 Harrison

Street only)

20 minutes

Hudson Place

8:00 a.m. to 4:00 p.m.



west of the easterly terminus of

Hudson Place and extending 18


20 minutes

Hudson Place

10:00 a.m. to 4:00 p.m.






20 minutes

Hudson Street

8:00 a.m. to 5:00 p.m.

Monday through

Saturday


from the northern curbline of

Hudson Place, extending 50 feet

20 minutes



northerly therefrom

Hudson Street

8:30 a.m. to 5:30 p.m.

Monday through

Saturday



of Fourteenth Street and


therefrom

20 minutes

Jackson Street

All times West Beginning at a point 40 feet




therefrom

20 minutes

Jackson Street

8:00 a.m. to 6:00 p.m.


East Beginning at a point of 35 feet




20 minutes

Jackson Street

10:00 a.m. to 4:00 p.m.




of Newark Street and extending


20 minutes

Jefferson Street

8:00 a.m. to 6:00 p.m.

Monday through

Saturday


north of the northerly curbline to

Seventh Street and extending 26


20 minutes

Jefferson Street 7:00 a.m. to 6:00 p.m.

Monday through

Saturday



of First Street and extending 43


20 minutes


Monday through

Saturday





20 minutes



East Beginning at a point of 135 feet




20 minutes

Monroe Street

8:00 a.m. to 4:00 p.m.


West Beginning at the southerly

curbline of Fifth Street and


therefrom

20 minutes

Monroe Street

8:00 a.m. to 8:00 p.m.

Monday through

Saturday





20 minutes



Newark Street

8:00 a.m. to 4:00 p.m.

Monday through

Saturday



Willow Avenue and extending

40 feet westerly therefrom

20 minutes

Newark Street

8:00 a.m. to 4:00 p.m.

Monday through

Saturday

North Beginning at point 25 feet west

of the westerly curbline of

Adams Street and extending 90


20 minutes

Ninth Street

8:00 a.m. to 6:00 p.m.




Jackson Street and extending 40


20 minutes

Ninth Street 8:00 a.m. to 6:00 p.m.




Willow Avenue and extending


20 minutes

Observer

Highway

9:00 a.m. to 4:00 p.m.

Monday through

Saturday



Harrison Street and extending


20 minutes

Park Avenue

8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Park Avenue

8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Park Avenue

8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Park Avenue

8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Park Avenue

8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Park Avenue

8:00 a.m. to 4:00 p.m.





20 minutes




therefrom

Park Avenue

8:00 a.m. to 5:00 p.m.

Monday through

Saturday

West Beginning at a point of 175 feet



feet north therefrom

20 minutes

Park Avenue

8:00 a.m. to 6:00 p.m.






20 minutes

River Street

8:00 a.m. to 8:00 p.m. East Beginning at a point 218 feet




20 minutes

River Street

9:00 a.m. to 1:00 p.m.




of Hudson Place and extending


20 minutes

Second Street 4:00 a.m. to 6:00 p.m.

Monday through

Saturday



Park Avenue and extending 50


20 minutes





Grand Street and extending 60


20 minutes


Monday through

Saturday





20 minutes

Second Street

8:00 a.m. to 7:00 p.m.

Monday through

Saturday





therefrom

20 minutes

Second Street

8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Seventh Street1 Sunday

9:00 a.m. to 1:00 p.m.

6:00 p.m. to 9:00 p.m.

Wednesday

South Beginning at the easterly

curbline of Bloomfield Street

and extending 79 feet easterly

therefrom

20 minutes



6:00 p.m. to 9:00 p.m.

Sinatra Drive 8:00 a.m. to 6:00 p.m.

Monday through

Saturday


north of the easterly curbline of



20 minutes

Sixth Street

8:00 a.m. to 6:00 p.m.

Monday through

Saturday



Garden Street and extending 30


20 minutes

Third Street

8:00 a.m. to 6:00 p.m.



west of the western curbline of


40 feet westerly therefrom

20 minutes

Third Street 8:00 a.m. to 7:00 p.m.

Monday through

Saturday





therefrom

20 minutes

Third Street

8:00 a.m. to 7:00 p.m.

Monday through

Saturday





therefrom

20 minutes

Third Street

8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Twelfth Street 5:00 a.m. to 8:00 p.m.



of the eastern curbline of Adams

Street, extending 29 feet easterly

therefrom.

10 minutes

Washington

Street

6:00 a.m. to 2:00 p.m.




of Eleventh Street and extending


20 minutes

Washington

Street

8:30 a.m. to 5:30 p.m.

Monday through

Saturday



of Fifteenth Street and

continuing 65 feet southerly

therefrom

20 minutes

Washington

Street

6:00 a.m. to 2:00 p.m.





20 minutes




Washington

Street

6:00 a.m. to 2:00 p.m.






20 minutes

Washington

Street

6:00 a.m. to 2:00 p.m.






20 minutes

Washington

Street

8:00 a.m. to 3:00 p.m.






20 minutes

Washington

Street

6:00 a.m. to 2:00 p.m.






20 minutes

Washington

Street

6:00 a.m. to 2:00 p.m.






20 minutes

Washington

Street

6:00 a.m. to 2:00 p.m.






20 minutes

Washington

Street

6:00 a.m. to 2:00 p.m.






20 minutes

Washington

Street

6:00 a.m. to 2:00 p.m.






20 minutes

Washington

Street

6:00 a.m. to 2:00 p.m.






20 minutes

Washington

Street

6:00 a.m. to 2:00 p.m.






20 minutes

Washington 6:00 a.m. to 2:00 p.m. West Beginning at a point 40 feet 20 minutes



Street

Monday through Friday north of the northerly curbline



Washington

Street

6:00 a.m. to 2:00 p.m.






20 minutes

Washington

Street

6:00 a.m. to 2:00 p.m.






20 minutes

Washington

Street

6:00 a.m. to 2:00 p.m.






20 minutes

Washington

Street

6:00 a.m. to 2:00 p.m.






20 minutes

Washington

Street

6:00 a.m. to 2:00 p.m.






20 minutes

Washington

Street

6:00 a.m. to 2:00 p.m.






20 minutes

Willow Avenue

12:00 p.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Willow Avenue

8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Willow Avenue

8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Willow Avenue 4:00 a.m. to 6:00 p.m.

All





20 minutes



Willow Avenue 7:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Willow Avenue

8:00 a.m. to 6:00 p.m.






20 minutes

Willow Avenue

8:00 a.m. to 6:00 p.m.

Monday through

Saturday





20 minutes

Willow Avenue

8:00 a.m. to 6:00 p.m.




of Twelfth Street and extending


20 minutes

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:

B-230

ORDINANCE AMENDING CHAPTER 141A-3 ENTITLED TEMPORARY PERMITS



SECTION ONE: AMENDMENTS TO HOBOKEN CODE CHAPTER 141A

§ 141A-3. Temporary permits.

A. Temporary permits may be issued, at a cost of $5 $2 per day, for a maximum of 45

continuous days per calendar year, whereupon the permit shall expire, or be renewed by

providing documentation as described in § 141A-3C and D to reestablish residency and

ownership or primary use, respectively, for said permit. Alternatively, a temporary permit

may be issued for 14 continuous days by providing one document listed in § 141A-3C, and

the documentation listed in § 141A-3D. The Parking Utility shall have the power to extend

the duration of the fourteen-day temporary permit up to a maximum of 45 continuous days

upon application in person to the Parking Utility and by providing the minimum required

documentation as mandated in § 141A-3C and D.

B. Temporary permits are issued only to current Hoboken residents who do not meet the

requirements of a residential permit as described in § 141A-2, or who need parking on a

temporary basis for vehicles which they own or are primary user during the temporary

period. Examples include individuals without a Hoboken address on their New Jersey

driver’s license, vehicles not registered in the name of the resident, awaiting receipt of a

driver’s license with a Hoboken address, awaiting registration papers for a newly purchased

car, or for vehicles in short term use, such as rental cars.

C. The documentation required to establish current residence is the same as provided in § 141A-

2B; namely, a valid New Jersey driver’s license reflecting a legal Hoboken address.

Alternatively, proof of residence may be established for the purposes of obtaining a

temporary permit by presenting three of the following documents showing the same

residential Hoboken address:


(1) A valid deed for same legal residential Hoboken address in the name of the

individual seeking a temporary permit;

(2) A current, original lease or rental agreement for same legal residential Hoboken

address in the name of the individual seeking a temporary permit;

(3) A current utility bill or receipt within the past 30 days for establishing service for

same legal residential Hoboken address in the name of the individual seeking a

temporary permit;

(4) A current tax bill within the past one year for same legal residential Hoboken

address in the name of the individual seeking a temporary permit;

(5) A current telephone bill within the past 30 days for the same legal residential

Hoboken address in the name of the individual seeking a temporary permit;

(6) A checking or savings account statement within the past 60 30 days for same legal

residential Hoboken address in the name of the individual seeking a temporary

permit;

(7) First class mail received from any federal, state, or local government agency

within the past six months for same legal residential Hoboken address in the name

of the individual seeking a temporary permit;

(8) An official, certified letter from a Dean of Students attesting to residence at a

legal off-campus residential Hoboken address;

(9) An official academic course schedule for the current semester from a local

institution in the name of the individual seeking a temporary permit;

(10) Other appropriate documentation sufficient for establishing residency of

an individual upon approval of the Director of the Parking Utility or his or her

designee.


D. Documentation is also required to establish vehicle ownership or primary use by the

individual seeking a temporary permit, as provided in § 141A-2C. Alternatively, proof of

ownership or primary use may be established for the purposes of obtaining a temporary

permit by presenting one of the following documents or combination of documents:

(1) A valid driver’s license, a valid vehicle registration, and proof of insurance for

same vehicle in the name of the individual seeking a temporary permit.

(2) A valid driver’s license and a current vehicle rental agreement both in the name of

the individual seeking a temporary permit.

(3) A valid driver’s license, a copy of a temporary license plate issued upon purchase

of a vehicle, and proof of insurance for same vehicle, all in the name of the

individual seeking a temporary permit. Said temporary permit shall be issued for

one vehicle, free of charge to the resident for a maximum of 45 days with an

endorsement allowing temporary permit holder to park in resident permit parking

areas when a residential permit in the same name as the individual seeking the

temporary permit is concurrently suspended.

(4) A valid driver’s license and a copy of a work order or repair estimate from an

official automotive repair facility for a vehicle, all in the name of the individual

seeking a temporary permit. Said temporary permit shall be issued for one

vehicle, free of charge to the resident for the number of days indicated on the

work order or repair estimated, or for a maximum of 45 days, whichever is less

with an endorsement allowing temporary permit holder to park in resident permit

parking areas when a resident permit in the same name as the individual seeking

the temporary permit is concurrently suspended.

(5) A valid driver’s license, a valid vehicle registration, proof of insurance, all in the

name of the individual seeking a temporary permit, and a copy of a valid business

permit application provided by a Hoboken business owner. Said temporary permit

shall expire and be replaced by a business permit by presenting a current pay stub

as described in § 141A-5B.

E. Use of a temporary permit is confined to permit parking only areas as designated by the

Parking Utility.


F. All temporary permits are to be displayed prominently in the front windshield where the

are easily visible and fully readable from the exterior of the vehicle.

G. Temporary permits shall be discarded once the resident no longer needs the permit or the

permit expires, whichever occurs first.

















Code.






RESULT: Tabled

SPONSOR:

SECOND:

B-243

REFUNDING BOND ORDINANCE PROVIDING FUNDS TO FINANCE AN EMERGENCY

APPROPRIATION; AUTHORIZING THE ISSUANCE OF UP TO $700,000 OF REFUNDING

BONDS OF THE CITY OF HOBOKEN, COUNTY OF HUDSON, NEW JERSEY, TO

FINANCE THE COSTS THEREOF; MAKING CERTAIN DETERMINATIONS AND

COVENANTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN

RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

BACKGROUND

WHEREAS, the City of Hoboken, County of Hudson, New Jersey ("City"), adopted a Resolution

Creating an Emergency Appropriation for the Water Utility on December 18, 2019, to fund certain water

utility appropriation requirements in the amount of $950,000 (“Appropriation”), pursuant to and in

accordance with the Local Budget Law, constituting Chapter 169 of the Laws of 1960 of the State of New

Jersey, as amended and supplemented ("Local Budget Law"), specifically N.J.S.A. 40A4-46; and,

WHEREAS, the City will be paying down $250,000 of the Appropriation in the 2020 budget; and,

WHEREAS, the City Council desires to adopt this Refunding Bond Ordinance to authorize the

issuance of Refunding Bonds and/or Refunding Bond Anticipation Notes in the principal amount of up

to $700,000, the proceeds of which will be used to finance the remaining amount of the Appropriation.

NOW, THEREFOR, BE IT ORDAINED by the City Council of the City of Hoboken, County of

Hudson, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring),

pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New

Jersey, as amended and supplemented ("Local Bond Law"), as follows:

Section 1. To finance the Appropriation, negotiable refunding bonds or notes of the City are

hereby authorized to be issued in an aggregate principal amount not to exceed $700,000 ("Refunding

Bonds"), pursuant to and in accordance with the Local Bond Law.


Section 2. An aggregate amount not exceeding $25,000 for the items of expense listed in and

permitted by Section 51.b. of the Local Bond Law, N.J.S.A. 40A:2-51.b., has been included in the

aggregate principal amount of the Refunding Bonds authorized herein.

Section 3. The purpose of the Refunding Bonds is to finance a portion of the Appropriation

created in the Water Utility.

Section 4. Each Refunding Bond authorized herein shall be designated, substantially, "City of

Hoboken, County of Hudson, New Jersey, Refunding Bond, Series 20__" and shall be in the form

prescribed and permitted by the Local Bond Law, as Bond Counsel may advise, and as the City shall

approve.

Section 5. The Refunding Bonds may be sold at public or private sale pursuant to and in

accordance with the requirements of the Local Bond Law. General obligation refunding notes in the

principal amount of up to $700,000 ("Notes") are authorized to be issued by the City; provided, however,

such Notes are issued and amortized within the limitations set forth by Local Bond Law and the New

Jersey Local Finance Board. Said Notes shall be issued, sold, executed, delivered and renewed pursuant to

and in accordance with the requirements of the Local Bond Law and any limitations established by the

New Jersey Local Finance Board.

Section 6. The supplemental debt statement provided for in Section 10 of the Local Bond

Law, N.J.S.A. 40A:2-10, was duly filed in the office of the City Clerk prior to the passage of this

refunding bond ordinance on first reading and a complete executed duplicate original thereof has been

filed in the Office of the Director of the Division of Local Government Services in the Department of

Community Affairs of the State of New Jersey.

Section 7. The full faith and credit of the City are irrevocably pledged to the punctual payment

of the principal of and interest on the refunding bonds or refunding bond anticipation notes authorized by

this Refunding Bond Ordinance and, to the extent payment is not otherwise provided, the City shall levy

ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment

thereof.

Section 8. A certified copy of this refunding bond ordinance as adopted on first reading has

been filed with the Director of the Division of Local Government Services in the Department of

Community Affairs of the State of New Jersey prior to final adoption, together with a complete statement

in the form prescribed by the Director and signed by the Chief Financial Officer of the City.


Section 9. This refunding bond ordinance shall take effect twenty (20) days after the first

publication thereof after final adoption, as provided by the Local Bond Law, provided that the consent of

the Local Finance Board has been endorsed upon a certified copy of this refunding bond ordinance as

finally adopted.

Date of Introduction: February 19, 2020

Date of Adoption:


Statement to be Published with Ordinance After Introduction.

Public notice is hereby given that the foregoing Ordinance was introduced and passed on first

reading at the meeting of the City Council of the City of Hoboken held on February 19, 2020. Further

notice is given that said Ordinance will be considered for final passage and adoption, after a public hearing

thereon, at a meeting of the City Council of the City of Hoboken to be held at Hoboken City Hall, 94

Washington Street, Hoboken, New Jersey, on March 18, 2020 at ___________ p.m. During the week

prior to and up to and including the date of said meeting, copies of said Ordinance will be made available

at the City Clerk's Office in the Hoboken City Hall for members of the general public who request the

same.

JAMES J. FARINA, RMC, City Clerk

Statement to be Published with Ordinance After Final Adoption.

STATEMENT

The Ordinance published herewith has been finally adopted on March 18, 2020 and the twenty (20)

day period of limitation within which a suit, action or proceeding questioning the validity of such

ordinance can be commenced, as provided in the Local Bond Law, has begun to run from the date of the

first publication of this statement.

JAMES J. FARINA, RMC, City Clerk


RESULT: Tabled

SPONSOR:

SECOND:

20-338

B-259

ORDINANCE AMENDING CHAPTER 190-4 ENTITLED PARKING PROHIBITED

CERTAIN HOURS TO ADD A PICK-UP AND DROP-OFF ZONE ADJACENT TO

HOBOKEN LITTLE SCHOOL ON NEWARK STREET BETWEEN SINATRA DRIVE AND

RIVER STREET


regulations associated with circulation and parking within City borders; and,

WHEREAS, the municipality has found that specific sections of Chapter 190 currently require

amendments to better effectuate safe, orderly, and efficient use of public space and scarce curbside

resources; and,

WHEREAS, §190-4 of the General Code of the City of Hoboken establishes the rules and

regulations for locations where parking is prohibited during certain hours; and,

WHEREAS, §190-4 facilitates passenger loading and unloading during specified hours,

streamlining curbside operations in areas where there are limited spaces available for this activity,

particularly around daycare centers; and,

WHEREAS, amending §190-4 to include the curb in front of the Hoboken Little School, located

at 1 Newark Street, could create a safer environment for parents and caretakers using motor vehicles for

picking up and dropping off children in an area with high pedestrian and bicycle activity during the

times outlined below.



SECTION ONE: §190-4 PARKING PROHIBITED CERTAIN HOURS

C. The location described is hereby designated as a prohibited parking zone. No person shall park a

vehicle in said location during the times and days indicated.

Name of Street Day/Time Side Location

Newark Street Monday through

Friday, 8:00a.m. to

6:00p.m.

South Beginning at a point 51 feet west of

the western curbline of Sinatra Drive

and extending 60 feet westerly

therefrom


















Code.





RESULT: Adopted [Unanimous]

SPONSOR:

SECOND:

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

20-339

B-260

ORDINANCE ADDING “CHAPTER 198: THIRD PARTY APP-BASED FOOD DELIVERY

REGULATIONS” TO THE MUNICIPAL CODE

WHEREAS, restaurants in the City of Hoboken have suffered tremendously on account of COVID-19;

and,


WHEREAS, third-party app-based food delivery services, charge between 15 and 30 percent of a bill to

a local restaurant; and,

WHEREAS, local hospitality businesses are already facing unprecedented financial challenges as a

result of the State of Emergency; and,

WHEREAS, all stakeholders must step up to protect the integrity of Hoboken’s hospitality industry

during this and any State of Emergency; and,

NOW THEREFORE BE IT RESOLVED by the Council of the City of Hoboken that we hereby

standby our hospitality businesses and add a new section to our municipal code, helping them during

this and any future State of Emergency capping delivery fees from third party-apps.

198-1

DEFINITIONS

RESTAURANT: A business in which food and/or beverage preparation and service is provided for

individual consumption either on- or off-premise, and in which any service of alcoholic beverages is

accessory to the service of food

THIRD-PARTY, APP-BASED FOOD DELIVERY PLATFORM: Any website, mobile application, or

other internet service that offers or arranges for the sale of food and beverages prepared by, and the

same-day delivery or same-day pick-up of food and beverages from a food service establishment

ONLINE ORDER: An order placed through a platform provided by a third-party app-based food

delivery platform for delivery within Hoboken

PURCHASE PRICE: The menu price of an online order. Such term excludes taxes, gratuities, and any

other fees that may make up the total cost to the customer of an online order.

198-2


RESTRICTIONS

A. It shall be unlawful for a third-party, app-based food delivery platform to charge a

restaurant a commission fee for online, delivery or pick-up order for the use of its

services that totals more than 15% of the purchase price for listing, processing and

delivery services, or 8% for listing and processing services of such online order while the

City of Hoboken is under a state of emergency.

B. It shall be unlawful for a third-party, app-based food delivery platform to reduce the

compensation rates paid to the delivery service driver, or garnish gratuities, as a result of

this order going into effect during the duration of this order.

C. This ordinance shall be in effect during all State of Emergencies.

198-3

PENALTIES

A. Any person found to have knowingly violated this ordinance, and upon conviction may

be punished by a fine of not more than $500 or by imprisonment for not more than 180

days or both such fine and imprisonment.

RESULT: Tabled

SPONSOR:

SECOND:

20-340

B-261

ORDINANCE TEMPORARILY UPDATING SIDEWALK CAFE REGULATIONS,

SIDEWALK ENCROACHMENTS AND AUTHORIZING A SIDEWALK SALE TO ASSIST

SMALL BUSINESSES DURING THE COVID-19 PANDEMIC

WHEREAS, businesses in Hoboken have suffered tremendously as a result of the COVID-19

Pandemic; and,


WHEREAS, once the current operational restrictions are lifted by Governor Murphy and businesses are

permitted to re-open, under new guidelines; and,

WHEREAS, the City Council wants to safely support small businesses while giving residents access to

outdoor amenities.

NOW THEREFORE BE IT ORDAINED, by the Council of the City of Hoboken that we hereby

approve the following temporary changes to cafe licenses, sidewalk encroachments and authorizing a

sidewalk sale.

BE IT FURTHER ORDAINED that all regulations updated herein shall expire at the end of the

calendar year, unless extended by ordinance.

THE MAYOR AND COUNCIL OF THE CITY OF HOBOKEN DOES HEREBY ORDAIN AS

FOLLOWS:

SECTION 1: The following additions shall be made to Chapter 168 of the Hoboken City Code entitled

“Streets and Sidewalks”

DEFINITIONS:

PARKLETTE: A temporary and removable sidewalk extension within the parking lane of a street,

operated and maintained by a legally zoned business with street-level store frontage, to which the

amenity faces and aligns with. The extension, which may be at street level or at grade with the

sidewalk, must comply with ADA regulations and shall not be located within 15 feet of a fire hydrant,

within delineated bus dropoff zones or handicapped parking spots. Seating, where applicable, must be

separate from the traffic lane by at least 2 feet by using barricades or self standing planter boxes. 36-

inch tall orange reflectorized traffic cones, spaced ten-feet apart, must be placed between the barrier and

traffic lane, without extending into the traffic lane. When applicable, the 25’ “no parking'' area within

25’ of a crosswalk, the clear zone, should be utilized.

§ 168-5

Projections into streets.


A.

No person shall erect or place any stoops, steps, platforms, pedestrian ramps designed and

built pursuant to the minimum standards of the Americans With Disabilities Act, windows,

cellar doors, areas, descents into a cellar or basement, signs, awnings, posts or other

projections in, over or upon any street in the City without the review, approval and

permission of the Director of Environmental Services or his designated agent. An

exception shall be made for the 2020 calendar year, allowing legally zoned retail

establishments and restaurants with physical storefronts, to install a parklette on any City-

managed street, except Washington Street.

§ 168-47

Special sidewalk sales and other events.

A.

Anything in this article to the contrary notwithstanding, the Council of the City of Hoboken

may, from time to time, authorize by resolution the holding of a special sidewalk sale in the

City. Such authorization to hold a special sidewalk sale shall be available to all merchants

having a retail store within the City of Hoboken.

B.

Anything in this article to the contrary notwithstanding, the Council of the City of Hoboken

may, from time to time, authorize by resolution the holding of special programs as

recommended by the Director of the Division of Cultural Affairs. Such programs may

include outdoor fairs and exhibitions. The Director of the Division of Cultural Affairs may

also be authorized, at its request, to issue and collect special daily/weekly vendor permits

for such programs at costs established by the Division and approved by the Council. All

fees collected shall be turned over to the Treasurer of the City of Hoboken for deposit to

the proper municipal accounts. On the recommendation of the Division of Cultural Affairs

and the approval of the Council, the foregoing special programs may include the offering

and sale of arts and crafts items and related apparel, jewelry, ornamentation and the like.

The Council, on the recommendation of the Director of the Division of Cultural Affairs,

may grant exclusive authorization for such programs on the sidewalks, streets and public

property during the period of the approved program.

https://www.ecode360.com/15253051#15253051



C. For the 2020 calendar year:

1. Any retail establishment, with a physical storefront, along Washington Street may fully

utilize the street-facing portion of the sidewalk in front of their property for retail sales.

A 6’ pathway for pedestrians passing between the building and the outdoor retail space

must be maintained. When located at a corner, the establishment may use both front and

side sidewalks for retail use, but must provide a 6’ pathway for pedestrians at

crosswalks. Tables and chairs, where applicable, must be spaced at least 6 feet from

street lamps and other fixed obstacles and may not come within 15-feet of a fire hydrant.

2. Any retail establishment, with a physical storefront, along any City-managed street,

except Washington Street, may install a parklette.

3. Any retail establishment, with a physical storefront, directly across the street from a

municipal park may utilize the street-facing portion of the park sidewalk for retail use,

but must leave a 6-foot pathway for pedestrians and sign a liability agreement with the

City.

4. Any retail establishment, with a physical storefront, directly across the street from a

municipal property may utilize the street-facing sidewalk of the City’s property for retail

use, but must leave a 6-foot pathway for pedestrians and sign a liability agreement with

the City.

5. Any retail establishment, with a physical storefront, may use the immediately adjacent

property/ies to increase the size of their retail operation, as delineated in C (1-4), above.

Permission must be granted from the adjacent property owner.

168-49

Projection into streets.

A.

No person may operate a sidewalk cafe without obtaining a license from the Zoning Officer

of the City of Hoboken pursuant to the procedures set forth in § 168-52.

A.

Sidewalk cafes are permitted only in association with a qualifying establishment.



C.

The allowed projection of a sidewalk cafe shall be governed by the following:

(1)

Where the sidewalk is more than 20 feet in width, the maximum projection of any

sidewalk cafe shall be 10 feet, including but not limited to all partitions, plants,

flower boxes, signs, and/or other permitted decorative elements or parts thereof.

Where there are existing fixed obstructions on the right-of-way, such as but not

limited to bus shelters, informational kiosks, trees, utility poles, streetlights or traffic

lights, and/or directional or City signs, the City may place further limitations on the

projection of a cafe to assure a minimum of eight feet of safe, unobstructed pedestrian

egress.

(2)

Where the sidewalk is less than 20 feet but more than 17 feet in width, the maximum

projection of any sidewalk cafe shall be eight feet, including but not limited to all

partitions, plants, flower boxes, signs, and/or other permitted decorative elements or

parts thereof. Where there are existing fixed obstructions on the right-of-way, such as

but not limited to bus shelters, informational kiosks, trees, utility poles, streetlights or

traffic lights, and/or directional or City signs, the City may place further limitations

on the projection of a cafe to assure a minimum of six feet of safe, unobstructed

pedestrian egress.

(3)

Where the sidewalk is less than 17 feet in width, the maximum projection of any

sidewalk cafe shall be six feet or 1/2 of the sidewalk width, whichever is less,

provided there is a minimum of six feet of safe, unobstructed pedestrian egress.





(4)

Where none of the above conditions can be met, a determination will be made on

a case-by-case basis by the administrative officer to assure that safe, unobstructed

pedestrian egress is maintained.

B.

Where the qualifying establishment is located on a corner, both the front and side sidewalk

areas fronting the qualifying establishment may be used for the sidewalk cafe.

C. For the 2020 calendar year:

a. Any qualifying establishment, with a physical storefront, along Washington Street may

fully utilize the street-facing portion of the sidewalk in front of their property for cafe

use. A 6’ pathway for pedestrians passing between the building and the outdoor cafe

space must be maintained. When located at a corner, the establishment may use both

front and side sidewalks for cafe use, but must provide a 6’ pathway for pedestrians at

crosswalks. Tables and chairs, where applicable, must be spaced at least 6 feet from

street lamps and other fixed obstacles and may not come within 15-feet of a fire hydrant.

In the event that the above configuration results in less cafe square footage than was had

in 2019, a retail establishment may appeal the City Council who, by resolution, may

authorize a parklette.

b. Any qualifying establishment, with a physical storefront, along any City-managed street,

except Washington Street, may utilize the parking lane immediately in front of their

business to install a parklette.

c. Any qualifying establishment, with a physical storefront, directly across the street from a

municipal park may utilize the street-facing portion of the park sidewalk for cafe use, but

must leave a 6-foot pathway for pedestrians and sign a liability agreement with the City.

d. Any qualifying establishment, with a physical storefront, directly across the street from a

municipal property may utilize the street-facing sidewalk of the City’s property for cafe

use, but must leave a 6-foot pathway for pedestrians and sign a liability agreement with

the City.

e. Any qualifying establishment, with a physical storefront, may use the immediately

adjacent property/ies to increase the size of their cafe operation, as delineated in C (1-4),

above. Permission must be granted from the adjacent property owner.


§ 168-50

General requirements.

A.

All establishments licensed to operate a sidewalk cafe shall display the license in an

unobstructed location.

B.

The sidewalk cafe area shall be separated from the public portion of the sidewalk by a

partition that is not less than 30 inches in height or more than 42 inches in height. The

partition shall not obstruct, in any way, patrons, pedestrians, or public safety personnel

from entering or exiting the restaurant.

C.

Partitions for seasonal installation shall be constructed of metal, wood, or other substantial

material that is not easily moved or disturbed by patrons or pedestrians, and may be easily

maintained in good condition throughout the season.

D.

Sidewalk cafes shall be exempt from the partition requirements, provided the projection

into the sidewalk is less than three feet and the setup has been expressly approved by the

administrative officer.

E.

At no time shall the sidewalk cafe partition, tables, chairs, and any other cafe furniture or

accessory block any residential entrance. A clear, straight path from door to curb shall be

provided and maintained for public safety reasons.


F.

For the 2020 calendar year, string lights, rope lights, bistro lights, and similar temporary

lights are not permitted as part of a seasonal sidewalk cafe setup. Only those cafes with

year-round setups approved prior to the adoption of this amendment, and so recorded with

the Zoning Office, may keep or maintain their existing lighting.

G.

The sidewalk cafe partition and any overhead covering shall be appropriate in style to the

facade of the building, shall be approved by the Historic Preservation Commission when in

an historic district, and shall not contain advertising.

H.

The sidewalk cafe shall be at the same elevation as the sidewalk, Paint, carpet, platforms,

or any other surface cover or treatment of any kind shall not be permitted in the area of the

sidewalk cafe, unless expressly permitted by the governing body.

I.

Outside speakers or other sound reproduction devices shall not be operated or used within a

sidewalk cafe for any reason.

J.

Smoking shall not be permitted within a sidewalk cafe.

K.

For the 2020 calendar year, all tables, chairs, and other cafe furniture and partitions shall be

removed from may remain on the sidewalk at the close of business each day and but must

shall be secured. Cafe partitions may remain on the right-of-way overnight, from March 15

through November 15, provided they meet all other conditions and specifications included

in this article. During the rest of the year, partitions must be removed from the right-of-way

during nonoperating hours.


L.

The entire sidewalk area in front of the premises, including 18 inches into the street, must

be maintained by sweeping or washing daily or more frequently, as needed, by the licensee.

M.

No preparation of food or beverages shall take place outdoors, but shall be restricted to the

inside of the qualifying establishment.

N.

(Reserved)[2]

O.

Qualifying establishments that hold a liquor license and wish to extend alcoholic beverage

service to the sidewalk cafe shall have completed a "Place to Place/Expansion of Premises"

application with the Alcoholic Beverage Control Board. Licensees not covered for the

sidewalk area shall not be permitted to serve alcoholic beverages in the sidewalk cafe.

P.

Sidewalk cafes that permit patrons to bring their own beer or wine shall adhere to all laws

governing B.Y.O.B. as set forth in N.J.S.A. Title 33, N.J.A.C. 13:2 and City of Hoboken

Municipal Code, Chapter 68.

Q.

Alcoholic beverages, when permitted under this article, shall not be served or consumed on

any sidewalk or any other public area which is outside the partitioned area of the sidewalk

cafe.

R.


No persons, other than those being served and qualifying establishment personnel, shall be

within the sidewalk cafe area except for those persons passing through the sidewalk cafe to

enter or exit the premises. Patrons shall not be served outside of the partition.

S.

Holes drilled into the sidewalk for the support of partitions shall be capped when not in use.

T.

Restaurants and bars that do not have table service shall provide waste receptacles for all

used containers, wrappers, bottles, cans and other waste materials. The waste receptacles

shall be located within the sidewalk cafe partitioned area, and shall be removed from the

sidewalk and secured along with other cafe equipment each day.

U.

Cafes may be permitted to expand in front of an immediately adjacent property to either

side of the licensed restaurant by one property width to either side of the property line of

the qualifying establishment, but said expansion shall not exceed 25 feet in length on either

side.

(1)

Where a qualifying establishment seeks to expand the cafe area to the front of an adjacent

property as permitted herein and the licensee has or has previously received a license, the

licensee shall submit a new application for a license, which shall include revised scale

drawings as required by § 168-52A(6) (below) depicting the proposed expanded area, and

the documents required for a license renewal as delineated in § 168-52 (below) for the

current cafe.

(2)

An initial applicant seeking to have the cafe area expand to the front of an adjacent

building as permitted herein shall submit the documentation and follow the procedure


delineated in § 168-52 but shall clearly set forth in the application and drawings the

expanded area being requested.

(3)

The owner of the property where the qualifying establishment is located and the owner of

the adjacent property shall submit a duly executed consent, in a form acceptable to the City,

which has been executed between the parties confirming the adjacent property owner's

consent to the extension of the sidewalk cafe, prior to the issuance of a new or amended

license.

(4)

Where a cafe is extended to the front of an adjacent property as permitted herein, the

licensee is required to continue to abide by all other regulations delineated herein,

including the regulation prohibiting the cafe area from blocking a residential entrance.

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.

***REMOVED***

20-341

B-262

ORDINANCE AMENDING HOBOKEN CITY CODE CHAPTER 63 "SALARIES AND

COMPENSATION" TO TEMPORARILY REDUCE THE SALARIES OF DEPARTMENT

HEADS, COUNCIL MEMBERS AND THE MAYOR BY 10 PERCENT

WHEREAS, in January the Bhalla Administration advised the City Council of a $7-14 million

budget deficit; and,

WHEREAS, in February Mayor Bhalla announced the layoff of 79 long-time employees, a

number that was reduced to 26 employees; and,

WHEREAS, the COVID-19 emergency response has further negatively impacted the City

finances; and,

WHEREAS, the Council, via resolution, requested to review the City’s working budget, yet

were not provided with the requested financials; and,

WHEREAS, the budget deficit is now estimated to be around $20 million; and,

WHEREAS, the Council recognizes the service of all hardworking City employees, especially

during a long-running Emergency Response in the fight against Covid-19; and,

WHEREAS, the Council does not have the authority under the Faulkner Act to direct the mayor

to stop layoffs, but does have the ability to adjust salaries in the best interest of taxpayers; and,

WHEREAS, this ordinance proposes a 10 percent percent pay reduction for the remainder of the

2020 calendar year for Department Heads, City Council members and the Mayor.

NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Hoboken that

we hereby approve a 10 percent pay reduction for the remainder of the 2020 calendar as delineated

herein.

BE IT FURTHER ORDAINED, that this ordinance shall expire at the end of the 2020 calendar

year, unless extended by ordinance. Should the City of Hoboken not terminate the employment of any

Civil Service employees during the 2020 calendar year, the salary reductions shall be recompensated

retroactively.


SECTION ONE: AMENDMENTS TO HOBOKEN CITY CODE CHAPTER 63 “SALARIES

AND COMPENSATION” TO APPROVE A 10 PERCENT PAY REDUCTION FOR THE

REMAINDER OF THE 2020 CALENDAR YEAR

§ 63-3 Compensation of Mayor.

The annual salary for the Mayor of Hoboken, effective July 1, 2009, shall be $116,950; however, for the

2020 calendar year, the salary shall be reduced to $105,255 year / $3,898.33 bi-weekly.

§ 63-4 Compensation of Council members.

The annual salary for a member of the Hoboken City Council, effective July 1, 2009, shall be $24,130;

however, for the 2020 calendar year, the salary shall be reduced to $21,717 year / $804.33 bi-weekly,

The annual salary for the Hoboken City Council President, effective July 1, 2009, shall be $26,541;

however, for the 2020 calendar year, the salary shall be reduced to $23,886.90 year / $884.70 bi-weekly.

All members of the Hoboken City Council shall be entitled to receive equivalent health care benefits as

are set forth in the current collective bargaining agreement between the City and the Hoboken Municipal

Supervisors Association but shall not receive longevity pay or any other benefits.

§ 63-5 Compensation of Department Heads (Directors).

The annual salary for Department Heads (Directors), effective July 1, 2009, shall be determined by the

Mayor, but in no event shall exceed $103,500 annually, except for the Director of Public Safety, whose

salary shall not exceed $27,500 annually. Department Heads (Directors) salaries shall be determined by

the Mayor, but for the 2020 calendar year shall not exceed as follows:

Business Administrator: $146,250.00 year/ $5,416.67 bi-weekly

Director of Health and Human Services: $116,388.00 year/ $4,310.67 bi-weekly

Director of Finance: $90,630.00 year/ $3,356.67 bi-weekly


Remaining Directors: $114,480.00 year/ $4,240.00 bi-weekly

















Code.





RESULT: Adopted [6 to 3]

SPONSOR:

SECOND:

AYES: DeFusco, Falco, Fisher, Ramos, Russo, Giattino

NAYS: Phil Cohen, James Doyle, Emily Jabbour


ORDINANCE AMENDING HOBOKEN CITY CODE CHAPTER 63 "SALARIES AND

COMPENSATION" TO TEMPORARILY REDUCE THE SALARIES OF DEPARTMENT

HEADS, COUNCIL MEMBERS AND THE MAYOR BY 10 PERCENT *PROPOSED

AMENDMENT ON SECOND READING* (COUNCIL MEMBER DOYLE)

*Amendment Proposed by Councilman Doyle for Second Reading Scheduled for

5/20/2020* See attached for Tracked Changes version.






finances; and,








WHEREAS, this ordinance proposes a 10 percent percent pay reduction for the remainder of the

2020 calendar year for Department Heads, City Council members and the Mayor.

NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Hoboken that

we hereby approve a 10 percent pay reduction for the remainder of the 2020 calendar as delineated

herein.

BE IT FURTHER ORDAINED, that this ordinance shall expire at the end of the 2020 calendar

year, unless extended by ordinance. Should the City of Hoboken not terminate the employment of any

Civil Service employees during the 2020 calendar year, the salary reductions shall be recompensated

retroactively.

SECTION ONE: AMENDMENTS TO HOBOKEN CITY CODE CHAPTER 63 “SALARIES

AND COMPENSATION” TO APPROVE A 10 PERCENT PAY REDUCTION FOR THE

REMAINDER OF THE 2020 CALENDAR YEAR


§ 63-3 Compensation of Mayor.

The annual salary for the Mayor of Hoboken, effective July 1, 2009, shall be $116,950; however, for the

2020 calendar year, the salary shall be reduced to $105,255 year / $4048.27 bi-weekly.

§ 63-4 Compensation of Council members.

The annual salary for a member of the Hoboken City Council, effective July 1, 2009, shall be $24,130;

however, for the balance of the 2020 calendar year, starting from the date of the enactment of this law,

that salary shall be reduced so as to reduce the total annual salary for 2020 to $16,130. The annual salary

for the Hoboken City Council President shall be $26,541; however, for the balance of the 2020 calendar

year, starting from the date of the enactment of this law, that salary shall be reduced so as to reduce the

total annual salary for 2020 to $18,541. All members of the Hoboken City Council shall be entitled to

receive equivalent health care benefits as are set forth in the current collective bargaining agreement

between the City and the Hoboken Municipal Supervisors Association but shall not receive longevity

pay or any other benefits.


















Code.





RESULT: Failed [3 to 6]

SPONSOR: James Doyle

SECOND:

AYES: Phil Cohen, James Doyle, Emily Jabbour

NAYS: DeFusco, Falco, Fisher, Ramos, Russo, Giattino

20-350

RESOLUTION ALLOWING THE CITY OF HOBOKEN TO WAIVE THE ESTOPPEL

PERIOD AND AUTHORIZE THE IMMEDIATE ENACTMENT OF "ORDINANCE

AMENDING HOBOKEN CITY CODE CHAPTER 63 "SALARIES AND COMPENSATION"

TO TEMPORARILY REDUCE THE SALARIES OF DEPARTMENT HEADS, COUNCIL

MEMBERS AND THE MAYOR BY 10 PERCENT"

WHEREAS, N.J.S.A. 40:69A-181 permits the waiver of the 20-day estoppel period for the

enactment of ordinances upon the adoption of a resolution by 2/3 of the Council finding that an

emergency exists necessitating the immediate enactment of the ordinance; and,

WHEREAS, City of Hoboken Ordinance entitled “Ordinance Amending Hoboken City Code

Chapter 63 "Salaries and Compensation" to Temporarily Reduce the Salaries of Department Heads,

Council Members and the Mayor by 10 Percent” which would temporarily reduce the salaries of the

Mayor, Department Heads, and Councilmembers by 10% (the “Ordinance”) was passed on First

Reading on May 6, 2020 and on Second Reading by an affirmative vote of the City Council on May 20,

2020; and,

WHEREAS, the Ordinance would temporarily reduce the salaries of the Mayor, Department

Heads, and City Councilmembers; and,


WHEREAS, immediate enactment of the Ordinance is necessary because the City is in multi-

million-dollar budget deficit and immediate cost reductions are needed.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, 2/3 of

the City Council voting affirmatively, that the City Council declares an emergency to exist as detailed

above for which waiving the 20-day estoppel period for enactment of the Ordinance is warranted and

justified; and,

BE IT FURTHER RESOLVED, that the Ordinance shall take effect immediately upon final

adoption.


SPONSOR: Mike DeFusco

SECOND: Ruben Ramos



B-263

AN ORDINANCE BY THE CITY OF HOBOKEN ABOLISHING THE CONSTITUENT

SERVICES CHAPTER 4 ARTICLE VI DIVISION OF CONSTITUENT SERVICES

NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Hoboken as

follows:

Section 1. The Division of Constituent Services is hereby abolished. Consistent

therewith, Section 4-18 and 4-19 of Chapter 4 of the “Code of the City of Hoboken”

entitled, “Division of Constituent Services,”

Section 2. Section 4-18 of Chapter 4 of the "Code of the City of Hoboken” of

entitled “Established; functions, powers and duties” and Section 4-19 of Chapter 4 of the

"Code of the City of Hoboken” of entitled is hereby amended as follows (additions

underlined and deletions [bracketed]):

[Sec. § 4-18. Established; functions, powers and duties.

There is hereby established in the Department of Administration a Division of Constituent

Services, which shall be responsible for the centralization of all citizens' and organizations'


complaints and inquiries on all aspects of City services and operations to enhance citizen

confidence in government by expediting the handling of complaints and inquiries in

coordination with the various departments of City government. Complaints and inquiries to be

coordinated through the Division of Constituent Services will include, but are not limited to, the

handling of counseling and referrals for social services, tenant assistance and education,

housing and employment inquiries, taxi and livery complaints, quality of life issues, violations

of City codes and general inquiries of City services available.]

[§ 4-19. Staff.

The personnel staff in the Division of Constituent Services may include clerical, operational,

supervisory and managerial positions as deemed necessary within the budgetary limits established by the

Council.]

Section 3. All ordinances and resolutions or parts thereof inconsistent with this

ordinance are to be eliminated.

Section 4. If any section, subsection, sentence, clause, phrase or portion of this

ordinance is for any reason held invalid or unconstitutional by any court of competent

jurisdiction, such portion shall be deemed a separate, distinct, and independent

provision, and such holding shall not affect the validity of the remaining portion thereof.

Section 5. This ordinance shall take effect upon its final adoption and publication

as provided for by law. The provisions hereof shall be applicable within the City of

Hoboken upon taking effect and shall become a part of the Hoboken Code once

completed and adopted.


SPONSOR:

SECOND:



20-351


PERIOD AND AUTHORIZE THE IMMEDIATE ENACTMENT OF "AN ORDINANCE BY

THE CITY OF HOBOKEN ABOLISHING THE CONSTITUENT SERVICES CHAPTER 4

ARTICLE VI DIVISION OF CONSTITUENT SERVICES"





WHEREAS, City of Hoboken Ordinance entitled “AN ORDINANCE BY THE CITY OF

HOBOKEN ABOLISHING THE CONSTITUENT SERVICES CHAPTER 4 ARTICLE VI DIVISION

OF CONSTITUENT SERVICES” which would eliminate the Division of Constituent Services (the

“Ordinance”) was passed on First Reading on May 6, 2020 and on Second Reading by an affirmative

vote of the City Council on May 20, 2020; and,

WHEREAS, the Ordinance would eliminate the Division of Constituent Services; and,

WHEREAS, immediate enactment of the Ordinance is necessary due to the City’s financial

situation and the COVID-19 pandemic.




justified; and,


adoption.


SPONSOR: Ruben Ramos

SECOND: Vanessa Falco



B-264

ORDINANCE REPEALING CHAPTER 54, ARTICLE IV: CITY ENGINEER







finances; and,








WHEREAS, the City Engineer need not be filled with a dedicated employee as the City

regularly retains multiple engineering firms to handle its engineering projects; and,

NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Hoboken, that

we hereby eliminate the Office of City Engineer, by removing Hoboken City Code Chapter 54 “Officers

and Employees” Article VI “City Engineer” at §54-19 through §54-23.1, as follows:

§ 54-19 Creation.

There is hereby created and established in the government of the City of Hoboken the Office of the City

Engineer. The City Engineer, either an individual licensed professional engineer or a licensed

professional engineering firm, shall be appointed by the Mayor. The City Engineer shall be compensated

either with an annual salary or on a fixed-fee basis or at an hourly rate based upon actual time and

expense, within the budgetary constraints established by the Council. The City Engineer shall not be

compensated by receiving a percentage of the construction or other contract for which he/she renders

services. The City Engineer shall be permitted to maintain a private engineering practice, provided that

the appointment as City Engineer shall be given priority over private practice at all times without

exception, so that there shall be no conflicts with the obligations as City Engineer.

§ 54-19 Responsibilities.

https://www.ecode360.com/15245717?highlight=engineer,engineering,engineers&searchId=12584683442657839#15245715





The City Engineer shall be responsible for conducting and/or coordinating all engineering functions

necessary in the operation of the municipal government.

§ 54-20 Transfer of property.

There is hereby transferred and assigned to the Office of the City Engineer all of the property, books,

papers and records relating to any of the boards, offices and other governmental agencies hereinabove

allocated and assigned to said Office, except such books, papers and records as are now required by law

or the ordinances of the City of Hoboken to be kept in the office of some other officer or department of

the City government.

§ 54-21 Powers and duties of the City Engineer.

A. The City Engineer, in addition to the functions, powers and duties that are hereby or may hereafter be

conferred and imposed upon him/her by law and the ordinances of the City, shall:

(1) Exercise supervision and have general responsibility for all the operations of said Office and of the

personnel employed therein.

(2) Supervise the organization of the Office and changes in the organization thereof, and, to the extent to

which the organization of the Office is not prescribed by law, organize the Office into such divisions and

bureaus and make such assignment of powers and duties among them and, from time to time, change

such organization or assignments as he/she may deem advisable, except that the boards, offices and

other governmental agencies and positions hereby allocated and assigned to said Office shall be

maintained.

(3) Formulate and adopt, subject to the approval of the Mayor, rules and regulations for the efficient

conduct of the work and general administration of the Office and employees thereof.

B. In addition and without limitation to the general duties set forth herein, the City Engineer shall have

the following responsibilities:

(1) To monitor and supervise the performance of all engineering functions of the City.

(2) To design systems and/or structures as necessary.

(3) To oversee the performance of other engineers and contractors while work is being performed.

(4) To prepare specifications for projects, in collaboration with department directors, if necessary.

(5) To review and approve all plans and specifications before implementation.

(6) To evaluate bids and make recommendations.

(7) To undertake special studies pertaining to engineering functions.




















(8) To act as a liaison with and provide information and drawings to engineers, contractors, architects

and consultants.

(9) To maintain all municipal engineering drawings and records.

(10) To develop and implement systems, policies and standards for quality assurance.

(11) To produce periodic progress reports on long-range projects.

(12) As directed by department directors and officials, to inspect systems, sites or structures and render

an opinion as to their condition.

(13) To attend staff and administration meetings as necessary.

(14) To participate in planning sessions.

(15) To advise the Planning Board and Zoning Board of Adjustment and attend official meetings of

these Boards when required.

(16) To direct and supervise staff.

(17) To attend conferences and meetings with federal, state and municipal officials as required.

(18) To consult with general contractors on construction projects.

(19) To prepare reports of construction expense.

(20) To participate in the preparation of annual and forecasted capital improvement budgets.

(21) To prepare budget requests for the Office.

§ 54-22 Personnel.

The Mayor may appoint such additional Assistant City Engineers and clerical personnel, full-time and

part-time, as may be required to assist the City Engineer in the fulfillment of required duties and

responsibilities, within the budgetary constraints established by the Council.

§ 54-23 Special engineers.

Nothing contained in this chapter shall be construed to prevent the Mayor, with the advice and consent

of the Council, from engaging special engineers to undertake any particular project or matter.

§ 54-23.1Transfer of appropriations.

All appropriations available or to become available to any department, board, commission, office or

other governmental agency, the functions, powers and duties of which are hereby assigned and























transferred to said Office, are hereby transferred to the Office established hereby and shall be available

for the objects and purposes for which appropriate.

***REMOVED***


PERIOD AND AUTHORIZE THE IMMEDIATE ENACTMENT OF "ORDINANCE

REPEALING CHAPTER 54, ARTICLE IV: CITY ENGINEER"




WHEREAS, City of Hoboken Ordinance entitled “Ordinance Repealing Chapter 54, Article IV:

City Engineer" which would eliminate the office of the City Engineer (the “Ordinance”) was passed on

First Reading on May 6, 2020 and on Second Reading by an affirmative vote of the City Council on

May 20, 2020; and,

WHEREAS, the Ordinance would eliminate the office of the City Engineer; and,

WHEREAS, immediate enactment of the Ordinance is necessary due to the City’s financial

situation and the COVID-19 pandemic.




justified; and,


adoption.

***REMOVED***

B-265

ORDINANCE TEMPORARILY UPDATING CHAPTER 168: PERMIT TO USE STREETS

WHEREAS, businesses in Hoboken have suffered tremendously as a result of the COVID-19

Pandemic; and,


WHEREAS, once the current operational restrictions are lifted by Governor Murphy and businesses are

permitted to re-open, under new guidelines; and,

WHEREAS, the City Council wants to safely support small businesses while giving residents access to

outdoor amenities.

WHEREAS, a pedestrian friendly Washington Street would aid in social distancing; and,

WHEREAS, the additional retail and hospitality space that could be made available on Washington

Street, would help small businesses; and,

WHEREAS, this ordinance if passed will not close down Washington Street, rather it lowers the

adminstrative hurdles present in the current law; and,

WHEREAS, if passed, the Hoboken Business Alliance may, more effectively and quickly, request

short-term and temporary closures of Washington Street for use by the small business community.

NOW THEREFORE BE IT ORDAINED, by the Council of the City of Hoboken that we hereby

approve the following temporary changes to the permits required to use Washington Street.

BE IT FURTHER ORDAINED that all regulations updated herein shall expire at the end of the

calendar year, unless extended by ordinance.

§ 168-18

Permit to use streets for private purposes.

A.

No permission shall be given to any person to use the streets or public places of the City for

any private purpose, except upon the terms, conditions and in the manner herein provided.

This section does not relate to or affect peddlers and other small dealers doing business

under permits or established licenses.

B.

Any person desiring to obtain permission to use the streets and public places of the City for

any such purpose shall make application in writing therefor to the Mayor, stating

particularly the use or uses he desires to make of such street or public places, and what

structures or works they propose to erect or place therein.

https://ecode360.com/15253114#15253114

https://ecode360.com/15253115#15253115


C.

License fees. As consideration for use of municipal rights-of-way, the licensee shall pay the

City the following fees:

(1)

An administrative fee of $50 upon filing the initial application and each proposed

amendment to the application.

(2)

A flat fee of $5,000 per year for each ten-year period the license is in effect payable

on the issuance of the license and on the anniversary date of the issuance of the

license.

(3) For the remainder of the 2020 calendar year:

a. The Hoboken Business Alliance may petition the City Council to

temporarily close down Washington Street, so long as the intended goal of

the closure is to support local businesses and provide for safe social

distance shopping.

b. Administrative and flat fees mentioned here within, may be waived via

resolution of the Council if deemed to support the economic health of the

business community

c. Pursuant with §39:4-197.3 the Council may via resolution, and with the

sign off from the mayor, fire chief and police chief, implement the closure

of a part, or the whole, of Washington Street for the emergent and

temporary conditions brought about by Covid-19.

***BACK TO 1ST READING***

B-266

https://ecode360.com/15253116#15253116

https://ecode360.com/15253117#15253117

https://ecode360.com/15253118#15253118


ORDINANCE DESIGNATING NO PARKING ON THE EAST SIDE OF SINATRA DRIVE

FROM 9:00 A.M.- 9:00 P.M. ON A TEMPORARY BASIS DURING THE COVID-19

PANDEMIC

WHEREAS, on January 31, 2020, the Secretary of Health and Human Services declared a

public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d) in

response to the Novel Coronavirus Disease (COVID-19); and,

WHEREAS, on March 9, 2020, Governor Murphy declared a state of emergency in the State of

New Jersey in response to the COVID-19 outbreak; and,

WHEREAS, on March 12, 2020, the Hoboken Office of Emergency Management declared a

state of emergency in response to the COVID-19 outbreak; and,

WHEREAS, on March 13, 2020, President Trump issued a Proclamation on Declaring a

National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, which declared

the COVID-19 outbreak in the United States a national emergency beginning March 1, 2020; and,

WHEREAS, measures enacted pursuant to the State of Emergency encourage continued social

distancing in order to prevent the spread of COVID-19; and,

WHEREAS, due to the fact that many businesses are closed, individuals have been drawn to

outdoor recreation areas, such as the Hoboken Waterfront parks, particularly when the weather is nice,

which will become more frequent as summer approaches; and,

WHEREAS, the City seeks to relieve congestion around the Waterfront area, and believes that

temporarily suspending parking along Sinatra drive will help to accomplish that goal; and,



SECTION ONE: ADDITION TO HOBOKEN CITY CODE § 190-4 ENTITLED “PARKING

PROHIBITED CERTAIN HOURS” TO ADD AN ADDITIONAL SECTION TEMPORARILY

PROHIBITING PARKING ON THE EAST SIDE OF SINATRA DRIVE

§ 190-4 Parking prohibited certain hours.

https://ecode360.com/15236789#15236791

https://ecode360.com/15236789#15236791


A. In accordance with the provisions of this § 190-4, no person shall park a vehicle between the hours of

8:00 a.m. and 12:00 noon, Monday through Saturday, on the following streets:

Name of

Street Side Location

Hudson Street West Beginning at a point 35 feet north of the northerly curbline of Fourth Street

and extending to a point 52 feet northerly therefrom

Jefferson Street West Beginning at a point 35 feet north of the northerly curbline of Seventh Street

and extending to a point 75 feet northerly therefrom

Monroe Street East Beginning at a point 190 feet north of the northerly curbline of Observer

Highway and extending 75 feet northerly therefrom

Third Street North Beginning at a point 35 feet west of the westerly curbline of Jefferson Street

and extending 25 feet westerly therefrom

Washington

Street

East Beginning at a point 50 feet south of the southerly curbline of Seventh Street

and extending 40 feet southerly therefrom

Willow

Avenue

East Beginning at a point 35 feet south of the southerly curbline of Sixth Street and

extending 90 feet southerly therefrom

Willow

Avenue

West Beginning at a point 35 feet of the northerly curbline of Fourth Street and

extending to a point 207 feet northerly therefrom

B. No person shall park a vehicle between the hours of 8:00 a.m. and 10:00 a.m., Monday through

Friday (except Sundays and public holidays), upon any of the streets or parts of streets described:

Name of Street Side Location

Fourteenth Street

[Added 1-19-2000 by Ord.

No. R-417]

South Beginning at the easterly curbline of Hudson Street and extending

to the westerly curbline of Sinatra Drive North

Fourteenth Street

[Added 1-19-2000 by Ord.

No. R-417]

North Beginning at the westerly curbline of Sinatra Drive North and

extending to the easterly curbline of McFeeley Lane

C. The location described is hereby designated as a prohibited parking zone. No person shall park a

vehicle in said location during the times and days indicated.

[Added 3-19-2008 by Ord. No. DR-352]


https://ecode360.com/15236792#15236792

https://ecode360.com/15236791#15236791

https://ecode360.com/15236793#15236793

https://ecode360.com/15236794#15236794



Jackson Street Wed. and Fri., 6:00

p.m. to 10:00 p.m.

Sun., 9:00 a.m. to

3:00 p.m.

East Beginning at a point 180 feet south of

the southerly curbline of Fourth Street

and extending 28 feet southerly

therefrom

Park Avenue

[Added 2-5-2020 by Ord. No.

B-224]

Monday through

Sunday, 8:00 a.m. to

8:00 p.m.

East Beginning at a point 150 feet north of

the northerly curbline of First Street and

extending 60 feet northerly therefrom

River Street


B-142; repealed 10-16-

2019 by Ord. No. B-196]

Sixth Street


Z-16]

7:00 a.m. to 9:00

a.m.; 3:00 p.m. to

6:30 p.m.

South Beginning at a point 165 feet east of the

easterly curbline of Willow Avenue and

extending 30 feet easterly therefrom

Washington Street


Z-16]

7:00 a.m. to 9:00

a.m.; 3:00 p.m. to

6:30 p.m.

East Beginning at a point 90 feet north of the

northerly curbline of 7th Street and


D. No person shall park, stop, or stand a vehicle at any time along the entire east side of Sinatra Drive

(except that stopping is permitted in accordance with state and local Motor Vehicle laws) including to

pick-up or drop off passengers, between the hours of 9:00 a.m. – 9:00 p.m., from the effective date of

this ordinance section until the end of the State of Emergency for COVID-19, as determined by the

Hoboken Office of Emergency Management, or September 30, 2020, whichever is sooner.


















Code.






SPONSOR:

SECOND:


20-352


PERIOD AND AUTHORIZE THE IMMEDIATE ENACTMENT OF “ORDINANCE

DESIGNATING NO PARKING ON THE EAST SIDE OF SINATRA DRIVE FROM 9:00

A.M.- 9:00 P.M. ON A TEMPORARY BASIS DURING THE COVID-19 PANDEMIC”

WHEREAS [1], N.J.S.A. 40:69A-181 permits the waiver of the 20-day estoppel period for the



WHEREAS [2], City of Hoboken Ordinance entitled “Ordinance Designating No Parking on the

East Side of Sinatra Drive from 9:00 A.M.- 9:00 P.M. on a Temporary Basis During the COVID-19

Pandemic" which would designate no parking on the East Side of Sinatra Drive from 9:00 a.m. to 9:00

p.m. during the COVID-19 State of Emergency (the “Ordinance”) was passed on First Reading on May

6, 2020 and on Second Reading by an affirmative vote of the City Council on May 20, 2020; and,

WHEREAS [3], the Ordinance would designate no parking on the East Side of Sinatra Drive

from 9:00 a.m. to 9:00 p.m. during the COVID-19 State of Emergency; and,

WHEREAS [4], immediate enactment of the Ordinance is necessary because of the COVID-19

pandemic, which necessitates the maintenance of social distance, particularly at the waterfront parks;

and,


WHEREAS [5], the Ordinance would facilitate as safe an environment as possible as the City

opens up park space, particularly prior to Memorial Day and the summer season.




justified; and,


adoption.


SPONSOR: Tiffanie Fisher

SECOND: Emily Jabbour


PETITIONS AND COMMUNICATIONS

20-353

PRESENTATION FROM DIRECTOR GONZALEZ REGARDING B-265 ORDINANCE

TEMPORARILY UPDATING CHAPTER 168: PERMIT TO USE STREETS

20-354

MISCELLANEOUS LICENSES

REPORTS FROM CITY OFFICERS

20-355

REPORT FROM MUNICIPAL TAX COLLECTOR SHARON CURRAN FOR TAXES

COLLECTED FOR THE MONTH OF APRIL 2020 AS $16,167,538.88 (ABATEMENT

TOTALS- $ 307,717.06)

20-356

A REPORT FROM THE MUNICIPAL COURT INDICATING RECEIPTS FOR THE MONTH

OF APRIL 2020 AS $59,804.96


CLAIMS

20-357

TOTAL FOR THIS AGENDA: $963,664.31

PAYROLL

20-358

PAYROLL REPORT 05/06/2020

PAYROLL O/T PAY OTHER PAY

$1,742,979.63 $26,867.69 $295,045.84

TOTAL

$2,064,893.16

PUBLIC PORTION

The Speakers Who Spoke: Chris Zivonski, Eileen Carvalho, Mike Evers, Rebecca Cohen, Dave Mello,

Rachel Hodes, Katherine Prussack, James Sanford, Hope Koturo, Dan Tumpson, Richard Weinstein,

Cheryl Fallick, Tony Soares, Pat Waiters

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

20-359

RESOLUTION AWARDING A CONTRACT EXTENSION TO PARA-PLUS

TRANSLATION, INC. IN THE AMOUNT OF $36,168.00 TO PROVIDE LANGUAGE

INTERPRETER/TRANSLATION SERVICES IN THE HOBOKEN MUNICIPAL COURT

WHEREAS, the City requires Language Interpreter/Translation services for the Hoboken

Municipal Court and as a result issued Bid Number 18-03; and,


WHEREAS, the City awarded a contract to Para-Plus Translation, Inc., in the amount of

$72,336.00 for said services on May 2, 2018 for a period of two (2) years with two separate one (1) year

options to extend, which were to be at the sole discretion of the City; and,

WHEREAS, the original two (2) year term has expired, and therefore the City wishes to

exercise the first one (1) year option to extend the contract with Para-Plus Translation Inc. for language

interpretation services in the Hoboken Municipal Court, in the amount of $36,168.00 for a term to expire

no later than May 6, 2021.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that

the City hereby awards a contract extension to Para-Plus Translation, Inc. in the amount of $36,168.00

to provide language interpreter services in the Hoboken Municipal Court, for a period of one (1) year to

expire on May 6, 2021, with the possibility for one (1) additional one (1) year option to extend, at the

sole discretion of the City of Hoboken; and,

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

following conditions:

1. The award of this contract extension 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:

Para-Plus Translations, Inc.

2 Coleman Avenue 1st Floor

Cherry Hill, NJ 08034



SPONSOR: Emily Jabbour

SECOND: Phil Cohen


20-360

RESOLUTION AUTHORIZING GRANT APPLICATION TO THE UNITED STATES

DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE FOR BULLETPROOF

VEST PARTNERSHIP

WHEREAS, the City of Hoboken is interested in participating with the United States

Department of Justice initiative known as the Bulletproof Vest Partnership (BVP) Initiative, which is

designed to provide critical resources to state, local, and tribal jurisdictions for the sole purpose of

purchasing bullet-resistant body armor for sworn law enforcement officers; and,

WHEREAS, through the Bullet-Proof Vest Initiative, states, units of local governments, and

tribal governments are reimbursed for up to fifty (50) percent of the cost of each unit of eligible body

armor purchased for an eligible sworn law enforcement officer; and,

WHEREAS, the City of Hoboken in conjunction with the Hoboken Police Department wish to

submit an application for BVP funds during the annual open application period per the program

guidelines; and,

WHEREAS, all purchased body armor must comply with the most current National Institute of

Justice’s body armor standards; and,

WHEREAS, the Hoboken City Council has reviewed the parameters and guidelines of the

Bulletproof Vest Partnership Initiative through the United States Bureau of Justice Assistance, and has

approved the City of Hoboken and Hoboken Police Department’s participation and subsequent

application submission.

NOW, THEREFORE, BE IT RESOLVED, by the Hoboken City Council that:

1. The City of Hoboken and Hoboken Police Department are authorized to

participate in the program as per its guidelines and regulations via the on-line

BVP system which manages the program from the prospective application


through payment process.

2. The Mayor or his designee is authorized to execute the above referenced program

application, and all other documents to fulfill the intent of the application and

subsequent program funding, and the Council ratifies same.

3. As a matter of public policy, the City of Hoboken wishes to participate to the

fullest extent possible with the United States Department of Justice initiative

known as the Bulletproof Vest Partnership (BVP) Initiative.

4. This resolution shall take effect immediately.



SECOND: Phil Cohen


20-361

RESOLUTION OF THE CITY OF HOBOKEN EXPRESSING THE CITY'S SUPPORT FOR

THE PASSAGE OF THE NEW JERSEY EMERGENCY RENTAL ASSISTANCE PROGRAM

AND URGING GOVERNOR MURPHY TO SIGN THE LEGISLATION AS

EXPEDITIOUSLY AS POSSIBLE

WHEREAS, New Jersey Senate Bill 2332, sponsored by Senator Brian P. Stack (District 33),

Senator Stephen M. Sweeney (District 3), Senator Kristin M. Corrado (District 40) and Senator M.

Teresa Ruiz (District 29), would create a $100 million emergency rental assistance program with the

State’s Department of Community Affairs for tenants who are at least 30 days behind on their payments

and have suffered a financial hardship because of the COVID-19 pandemic; and,

WHEREAS, the Counties of Hudson, Bergen and Essex combined by the highest number of

COVID-19 cases in New Jersey, account for 40% of the State’s total cases and just under half of the

State’s total deaths from COVID-19. The same three Counties account for less than one-third of New

Jersey’s total population; and,

WHEREAS, the COVID-19 pandemic has given rise to sharp increases in unemployment, with

nearly 577,000 workers applying for unemployment benefits in New Jersey in just the last four weeks,


as Governor Phil Murphy ordered entire business sectors shut down to slow the spread of the

coronavirus; and,

WHEREAS, Senate Bill 2332 establishes a temporary emergency rental assistance program for

residential tenants who have suffered an income loss due to the COVID-19 crisis. The bill appropriates

$100 million to provide rental assistance to tenants across the State. The bill directs the Commissioner

of Community Affairs to implement this program along the lines of the “Homeless Prevention Program”

(“HPP”), with certain modifications, such as providing rental assistance to tenants before they face

eviction, and assisting tenants of medium-income (in addition to tenants of low-and moderate-income);

and,

WHEREAS, Senate Bill 2332 directs the Commissioner of Community Affairs to distribute an

amount of program funds for each County and applicant based, in part, on the fair market rents in each

county. The program would pay certain amounts of rent due and owing to tenants who: 1) are at least 30

days past due on a rent payment; 2) are unable to pay rent without assistance; and 3) have suffered a

demonstrable loss in income due to the COVID-19 crisis; and,

WHEREAS, Senate Bill 2332 directs the Commissioner of Community Affairs to expeditiously

seek federal government approval for substantial action plan amendment to reallocate uncommitted,

unexpended Community Development Block Grant Disaster Recovery funds to the 2020 New Jersey

Emergency Rental Assistance Program, and to identity amounts of federal government assistance

provided to New Jersey for COVID-19 purposes. Any remaining amounts necessary to fund this

program as to be appropriated from the State’s General Fund; and,

WHEREAS, the City understands that there is also a companion bill in the Assembly; and,

WHEREAS, the City of Hoboken seeks to express its support for Senate Bill 2332 and any

corresponding Assembly bill, in order to assist Hoboken residents struggling to pay their rent following

the COVID-19 crisis.


the City of Hoboken strongly expresses its support for Senate Bill 2332 and any corresponding

Assembly bill and commends all state legislators who have set forth and support these measures; and,

BE IT FURTHER RESOLVED, that the City of Hoboken strongly urges Governor Murphy to

sign and effectuate the proposed legislation as expeditiously as possible.




SECOND: Phil Cohen


20-362

RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH POWER

ANALYTICS GLOBAL AND PROMPT MD TO PROVIDE FOR COVID-19 ANTIBODY

RAPID TESTING WITHIN THE CITY OF HOBOKEN

WHEREAS, Prompt MD, Power Analytics Global (hereinafter “PAG”) and the City of

Hoboken (collectively hereinafter “Parties”) desire to partner to deliver advanced COVID-19 antibody

rapid testing to the residents of the City of Hoboken; and

WHEREAS, the Parties propose to enter into an agreement outlining their duties and

responsibilities in offering Hoboken residents COVID-19 antibody rapid testing at no cost; and,

WHEREAS, Prompt MD shall schedule and provide Antibody testing for all Hoboken residents

who request same at no cost to the resident; and,

WHEREAS, PAG shall provide Prompt MD the testing kits and shall analyze the results of all

tests and notify Prompt MD of the results within 24 hours after receiving the sample for analysis; and,

WHEREAS, the City of Hoboken shall provide a site for the testing to take place located at

Jackson Street Gymnasium outside area surrounding park; and,

WHEREAS, contingent upon complete and total FDA approval for the antibody testing being

utilized, the City shall reimburse Prompt MD for up to $50,000 in costs of testing uninsured Hoboken

residents at the cost of $115.00 per test; and,

WHEREAS, the City seeks to approve the execution of an agreement between Prompt MD,

PAG, and the City, to provide for Antibody testing for Hoboken residents as delineated herein.


NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Hoboken hereby

approves and authorizes the Mayor or the Mayor’s designee to execute an agreement between Prompt

MD, PAG, and the City of Hoboken to provide for antibody testing for Hoboken residents; and,

BE IT FURTHER RESOLVED, contingent upon complete and total FDA approval for the

antibody testing utilized, the City shall reimburse Prompt MD for up to $50,000 in costs of testing

uninsured Hoboken residents at the cost of $115.00 per test; and,

BE IT FURTHER RESOLVED, the agreement shall contain the same substantive terms and

conditions as outlined herein and delineated in the attached draft agreement, subject to finalization and

approval by Corporation Counsel.



SECOND: Phil Cohen


Community Development

20-363

RESOLUTION AMENDING A CONTRACT TO MARAZITI FALCON, LLP FOR SPECIAL

COUNSEL - REDEVELOPMENT IN THE INCREASED AMOUNT OF $5,000.00

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, by way of resolution dated January 15, 2020 the City prequalified Maraziti Falcon,

LLP; and,

WHEREAS, the Department of Community Development requires a contract with a

Redevelopment Counsel; and,

WHEREAS, the City awarded a contract to Maraziti Falcon, LLP to represent and/or


advise the City in general redevelopment matters for the Department of Community

Development in the not to exceed amount of $5,000.00 for a term to expire December 31, 2020;

and,

WHEREAS, Maraziti Falcon, LLP requires additional funding in the amount of $5,000.00 for

Community Development redevelopment counsel matters; and,

WHEREAS, the Administration recommends awarding a contract amendment to the City’s

contract with Maraziti Falcon, LLP for redevelopment counsel to the City of Hoboken in the increased

amount of $5,000.00 for a new total not to exceed amount of $10,000.00.

NOW, THEREFORE, BE IT RESOLVED, that a contract amendment is hereby awarded to

Maraziti Falcon, LLP to represent the City as Special Legal Counsel- Redevelopment attorney for the

Department of Community Development in the increased amount of $5,000.00, for a total not to exceed

amount of $10,000.00, with no other changes to the contract; 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


Council.




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.


herein with:

Maraziti Falcon, LLP

150 John F. Kennedy Pkwy

Short Hill, NJ 07078




SECOND: Phil Cohen

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

NAYS: Mike DeFusco

RESOLUTION AWARDING A PROFESSIONAL SERVICES CONTRACT TO ENGENUITY

INFRASTRUCTURE IN THE AMOUNT OF $12,000.00 FOR REVIEW OF TRAFFIC AND

CIRCULATION PLANS AND STUDIES PROVIDED BY APPLIED MONROE LENDER,

LLC IN THE NORTHWEST INDUSTRIAL REDEVELOPMENT AREA (ESCROW

FUNDED)

WHEREAS, professional engineering is a professional service as defined in N.J.S.A. 40A:11-

5(1)(a)(i) et seq; and,

WHEREAS, the City of Hoboken requires an engineering firm to review the Applied

Monroe Lender, LLC various Traffic and Parking Plans and Studies and make recommendations

to the City; and,

WHEREAS, on February 5, 2020, the City Council prequalified ENGenuity Infrastructure to

provide engineering services to the City for CY 2020; and,

WHEREAS, the cost for said services will not exceed $12,000, as stated in the attached proposal

dated February 13, 2020; and,

WHEREAS, the City will not bear any costs related to the aforementioned services as said costs

will be paid out of the escrow account established by Applied Monroe Lender, LLC/Ironstate Holdings,

LLC in accordance with the Interim Cost and Conditional Designation Agreement; and,

WHEREAS, the Administration recommends awarding a contract to ENGenuity Infrastructure

in the amount of $12,000.00 to provide the aforementioned services for a term of one (1) year to expire

on June 3, 2021.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that a

contract is hereby awarded to ENGenuity Infrastructure in the amount of $12,000.00, to review the


various Traffic and Parking Plans and Studies submitted by Applied Monroe Lender, LLC and provide

recommendation to the City, for a term of one (1) year to expire June 2, 2021; 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.








herein with:

ENGenuity Infrastructure

12 Broad St

Suite 203

Red Bank, NJ 07701

***CARRIED DUE TO NO CERT OF FUNDS***

RESULT: Carried

SPONSOR:

SECOND:

20-364

RESOLUTION DESIGNATING BLOCK 210, LOTS 1-16 AND BLOCK 210.01, LOTS 26-29,

ENTIRE ALLEY WAY BETWEEN BLOCKS 210 AND 210.01 AND ADJACENT R.O.W. OF

WASHINGTON STREET, NEWARK STREET, HUDSON STREET AND OBSERVER

HIGHWAY WITHIN THE CITY AS AN AREA IN NEED OF REHABILITATION

WHEREAS, pursuant to the “Local Redevelopment and Housing Law,” N.J.S.A. 40A:12A-1 et

seq., a municipality may designate an area in need of rehabilitation; and,


WHEREAS, pursuant to N.J.S.A. 40A:12A-14, a delineated area may be determined to be in

need of rehabilitation if the governing body of the municipality determines by resolution that a program

of rehabilitation, as defined in section 3 of P.L. 1992, c.79 (C.40A:12A-3), may be expected to prevent

further deterioration and promote the overall development of the community, and that there exist in that

area any of the following conditions such that:

(1) A significant portion of the structures thereon are in a deteriorated or

substandard condition;

(2) More than half of the housing stock in the delineated area is at least

50 years old;

(3) There is a pattern of vacancy, abandonment, or underutilization of

properties in the area;

(4) There is a persistent arrearage of property tax payments on properties

in the area;

(5) Environmental contamination is discouraging improvements and

investment in properties in the area; or

(6) A majority of the water and sewer infrastructure in the delineated area

is at least 50 years old and is in need of repair or substantial

maintenance.

WHEREAS, pursuant to the attached Study entitled “Rehabilitation Area Determination of

Need, Block 210, Lots 1-16 and Block 210.01, Lots 26-29 , Entire Alley Way Between Blocks 210 and

210.01 and adjacent ROW of Washington Street, Newark Street, Hudson Street and Observer Highway”

prepared by Bright View Engineering, LLC dated January 6, 2020 (“Rehabilitation Study”, which is

annexed herein as Exhibit ‘A’), it has been determined that the properties known as Block 210, Lots 1-

16 and Block 210.01, Lots 26-29 and Entire Alley Way Between Blocks 210 and 210.01 (the “Area”),

meet the conditions required for a determination that the Area is in need of rehabilitation in accordance

with N.J.S.A. 40A:12A-14(a)(6) in that “a majority of the water and sewer infrastructure in the

delineated area is at least 50 years old and is in need of repair or substantial maintenance”, and that a

program of rehabilitation “may be expected to prevent further deterioration and promote the overall

development of the community”; and,

WHEREAS, the Hoboken City Council adopted a Resolution providing for the submittal of this

resolution to the Hoboken Planning Board for its review and recommendations on April 1, 2020; and,


WHEREAS, pursuant to the LRHL after the municipal planning board’s review, or after the

expiration of the 45 days, if the municipal planning board does not submit recommendations, the

governing body may adopt the resolution, with or without modification; and,

WHEREAS, on May 12, 2020, the Hoboken Planning Board provided the Hoboken City

Council with its recommendations; and,

WHEREAS, the Hoboken City Council considered the recommendations of the Hoboken

Planning Board; and,

WHEREAS, pursuant to the provisions of the LRHL, the determination that the Area is in need

of rehabilitation shall take effect upon the transmittal of this Resolution by the City Clerk to the

Commissioner of the New Jersey Department of Community Affairs, because, as is required by N.J.S.A.

40A:12A-6 “If the area in need of redevelopment is situated in an area in which development or

redevelopment is to be encouraged pursuant to any State law or regulation promulgated pursuant thereto,

then the determination shall take effect after the clerk has transmitted a copy of the resolution to the

commissioner”, and the City of Hoboken is included in the Metropolitan Planning Area 1 of the State

Development and Redevelopment Plan, adopted March 1, 2001, and is designated as a “growth area”;

and,

WHEREAS, this Resolution upon adoption shall be submitted by the City Clerk to the

Commissioner of the New Jersey Department of Community Affairs.

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

Follows:

1. The City Council of the City of Hoboken hereby designates the Area as “an area in

need of rehabilitation.”

2. The purpose of this designation is to promote and facilitate the overall development

of the community, including the Area.

3. This Resolution shall take effect immediately upon transmittal by the City Clerk of

this Resolution to the Commissioner of the New Jersey Department of Community

Affairs.




SECOND: Ruben Ramos


20-365

RESOLUTION DESIGNATING BLOCK 224, LOT 2 AND ADJOINING STREET ROW;

BLOCK 225, LOT 2 AND ADJOINING STREET ROW; AND BLOCK 226, LOT 2 AND

ADJOINING STREET ROW WITHIN THE CITY AS AN AREA IN NEED OF

REHABILITATION

WHEREAS, pursuant to the “Local Redevelopment and Housing Law,” N.J.S.A. 40A:12A-1 et

seq., a municipality may designate an area in need of rehabilitation; and,

WHEREAS, pursuant to N.J.S.A. 40A:12A-14, a delineated area may be determined to be in

need of rehabilitation if the governing body of the municipality determines by resolution that a program

of rehabilitation, as defined in section 3 of P.L. 1992, c.79 (C.40A:12A-3), may be expected to prevent

further deterioration and promote the overall development of the community, and that there exist in that

area any of the following conditions such that:

(1) A significant portion of the structures thereon are in a deteriorated or

substandard condition;

(2) More than half of the housing stock in the delineated area is at least

50 years old;

(3) There is a pattern of vacancy, abandonment, or underutilization of

properties in the area;

(4) There is a persistent arrearage of property tax payments on properties

in the area;

(5) Environmental contamination is discouraging improvements and

investment in properties in the area; or

(6) A majority of the water and sewer infrastructure in the delineated area

is at least 50 years old and is in need of repair or substantial

maintenance.

WHEREAS, the study entitled “Rehabilitation Area Determination of Need, Block 224, Lot 2

and adjoining street ROW; Block 225, Lot 2 and adjoining street ROW; and Block 226, Lot 2 and


adjoining street ROW” prepared by Bright View Engineering, LLC dated January 7, 2020

(“Rehabilitation Study”) which is annexed as Exhibit A and attached hereto, concludes that the

properties known as Block 224, Lot 2 and adjoining street ROW; Block 225, Lot 2 and adjoining street

ROW; and Block 226, Lot 2 and adjoining street ROW (the “Area”) meet the conditions required for a

determination that the Area is in need of rehabilitation in accordance with N.J.S.A. 40A:12A-14(a)(6)

in that “a majority of the water and sewer infrastructure in the delineated area is at least 50 years old and

is in need of repair or substantial maintenance”, and that a program of rehabilitation “may be expected to

prevent further deterioration and promote the overall development of the community”; and,

WHEREAS, the Hoboken City Council adopted a Resolution providing for the submittal of this

resolution to the Hoboken Planning Board for its review and recommendations on April 1, 2020; and,

WHEREAS, pursuant to the LRHL after the municipal planning board’s review, or after the

expiration of the 45 days, if the municipal planning board does not submit recommendations, the

governing body may adopt the resolution, with or without modification; and,

WHEREAS, on May 12, 2020, the Hoboken Planning Board provided the Hoboken City

Council with its recommendations; and,

WHEREAS, the Hoboken City Council considered the recommendations of the Hoboken

Planning Board; and,

WHEREAS, pursuant to the provisions of the LRHL, the determination that the Area is in need

of rehabilitation shall take effect upon the transmittal of this Resolution by the City Clerk to the

Commissioner of the New Jersey Department of Community Affairs, because, as is required by N.J.S.A.

40A:12A-6 “If the area in need of redevelopment is situated in an area in which development or

redevelopment is to be encouraged pursuant to any State law or regulation promulgated pursuant thereto,

then the determination shall take effect after the clerk has transmitted a copy of the resolution to the

commissioner”, and the City of Hoboken is included in the Metropolitan Planning Area 1 of the State

Development and Redevelopment Plan, adopted March 1, 2001, and is designated as a “growth area”;

and,

WHEREAS, this Resolution upon adoption shall be submitted by the City Clerk to the

Commissioner of the New Jersey Department of Community Affairs.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

HOBOKEN AS FOLLOWS:


1. The City Council of the City of Hoboken hereby designates the Area as “an area in

need of rehabilitation.”

2. The purpose of this designation is to promote and facilitate the overall development

of the community, including the Area.

3. This Resolution shall take effect immediately upon transmittal by the City Clerk of

this Resolution to the Commissioner of the New Jersey Department of Community

Affairs.



SECOND: Ruben Ramos


Corpoation Counsel

20-366

RESOLUTION AMENDING THE CITY'S CONTRACT WITH WEINER LAW GROUP FOR

LABOR & EMPLOYMENT IN THE INCREASED AMOUNT OF $10,000.00

WHEREAS, pursuant to Hoboken City Council Resolution dated January 15, 2020, the City

resolved to award a contract to Weiner to serve as special legal counsel for labor and employment

matters in the amount of $15,000.00 for a term to expire December 31, 2020, in accordance with RFP

19-28; and,

WHEREAS, pursuant to Hoboken City Council Resolution dated February 19, 2020, the City’s

contract with Weiner was increased in the amount of $30,000.00; and,

WHEREAS, Weiner requires an additional contract amendment in the increased amount of

$10,000.00.

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

follows:

1) The contract with Weiner shall be increased by $10,000.00 for a new total contract

amount of $55,000.00; 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.



SECOND: Phil Cohen


20-367

RESOLUTION OF THE CITY OF HOBOKEN AUTHORIZING THE CITY TO ENTER INTO

AN AGREEMENT WITH WINDELS MARX LANE & MITTENDORF, LLP TO ACT AS

SPECIAL LEGAL COUNSEL- HUMC LITIGATION IN THE NOT-TO-EXCEED AMOUNT

OF $25,000.00

WHEREAS, the City requires the services of a law firm to represent the City as Special Counsel

for a litigation matter related to the Hoboken University Medical Center (“HUMC”); and,

WHEREAS, the City is aware that the law firm Windels Marx Lane & Mittendorf LLP

(“Windels Marx”), specifically Partner Anthony R. Coscia, Esq., specializes in corporate and real estate

financial transactions and therefore at a Special Meeting on April 9, 2020, the City approved an

agreement with Windels Marx to provide legal advice and guidance to the City related to the HUMC;

and,

WHEREAS, on or about May 13, 2020 a lawsuit was filed in the Hudson County Superior Court

by SB Hoboken Propco LLC against the City of Hoboken relating to the HUMC matter; and,

WHEREAS, due to the fact that Windels Marx has already been working as Special Counsel-

HUMC, the City believes it is in the best interest to have Windels Marx represent the City in this related

litigation matter; and,

WHEREAS, the Administration recommends awarding a contract to Windels Marx to act as

Special Counsel to the City on issues related to the HUMC, in an amount not to exceed $25,000.00, with

billing rates at $250.00 per hour; 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 Windels Marx be awarded this contract due to the specialized nature of the

assignment, Mr. Coscia’s specific experience, and the fact that Windels Marx has been working on the

HUMC matter for the City; and,

WHEREAS, the anticipated value of this contract is above $17,500.00; and,

WHEREAS, Windels Marx has completed and submitted a Business Entity Disclosure

Certification which certifies that it 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 Windels

Marx from making any reportable contributions through the term of the contract; and,

WHEREAS, the Administration therefore recommends awarding this service as a non-fair and

open contract pursuant to N.J.S.A. 19:44A-20.5 to Windels Marx in the not-to-exceed amount of

$25,000.00, for a term of one (1) year to expire May 20, 2021.

NOW, THEREFORE, BE IT RESOLVED, that a non-fair and open professional service

contract is awarded to Windels Marx to act as Special Legal Counsel to the City in regards to the

HUMC, in the not-to-exceed amount of $25,000.00, with billing rates established at $250.00 per hour,

for a term of one (1) year to expire no later than May 20, 2021; 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 Windels Marx 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 the Business Disclosure Entity Certification and the

Determination of Value be placed on file with this resolution; 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.











herein with:

Windels Marx Lane & Mittendorf, LLP

120 Albany Street

New Brunswick, NJ 08901



SECOND: Phil Cohen


Environmental Services

20-368


RESOLUTION AMENDING AND RESTATING THE SHARED SERVICES AGREEMENT

WITH NORTH HUDSON SEWERAGE AUTHORITY FOR THE OWNERSHIP AND

CONSTRUCTION OF ENVIRONMENTAL INFRASTRUCTURE AT THE NORTHWEST

RESILIENCY PARK SITE

WHEREAS, pursuant to the Shared Services Act, N.J.S.A. 40A:65-1 et seq., the

City of Hoboken and North Hudson Sewerage Authority (“NHSA”) are authorized to

enter into an agreement with each other to jointly provide for any lawful service;

and,

WHEREAS, by way of resolution E6 dated June 19, 2019, the City Council authorized the City

and NHSA to enter into the attached Shared Services Agreement for ownership and construction of

environmental infrastructure at the Northwest Resiliency Park Site; and,

WHEREAS, the Shared Services Agreement must be updated to reflect the modified date of

Milestone 8 in the City’s contract with Tomco Construction, Inc. for completion of the 1-million-gallon

storage tank as approved by the City Council by way of resolution E6 dated February 5, 2020; and,

WHEREAS, it is the desire of the City Council to authorize the execution of the attached

amended and restated Shared Services Agreement between the City of Hoboken and the North Hudson

Sewerage Authority.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken that

the attached amended and restated Shared Services Agreement with North Hudson Sewerage Authority

is hereby approved; and:

1. The above recitals are incorporated as if fully set forth at length.

2. The Council hereby authorizes Corporation Counsel to make reasonable amendments to

the attached agreement if necessary, so long as the amendments do not fundamentally

alter any of the terms.

3. The Council hereby authorizes the Mayor or his designee to execute any and all

documents and take any and all actions necessary to realize the intent and purpose of this

resolution.

4. This resolution shall be effective immediately.




SECOND: Phil Cohen


20-369

RESOLUTION AWARDING A PROFESSIONAL SERVICES CONTRACT TO TEND

LANDSCAPE, INC. FOR LANDSCAPE ARCHITECTURE SERVICES IN THE AMOUNT

OF $62,540 FUNDED BY THE PARKS TRUST FUND AT NO COST TO THE CITY

WHEREAS, Landscape Architect is a professional service as defined in N.J.S.A. 40A:11-

5(1)(a)(i) et seq.; and;

WHEREAS, the City of Hoboken worked with TEND landscape, Inc. (“TEND”) in 2019

to prepare condition assessments, performance standards, and landscape management

specifications for City-owned parks; and,

WHEREAS, per the landscape management specifications which were publicly bid, the

City Council awarded a landscape maintenance contract to Lou’s Landscaping & Design by way

of resolution E3 dated February 19, 2020; and,

WHEREAS, the City requires a landscape architect to provide oversight of the contract

in compliance with the bid specifications and update those specifications as needed; and,

WHEREAS, the City also requires a landscape architect to provide training for parks

personnel in certain landscape maintenance practices as well as inspection and reporting

practices for green infrastructure sites; and,

WHEREAS, the City also requires a landscape architect to prepare design and

construction documents for landscape rehabilitation projects at Church Square Park and Elysian

Park, as recommended in the Landscape Management Plan; and,

WHEREAS, the City also requires a landscape architect to develop the scope of work for

a Master Plan for Church Square Park as recommended in the Landscape Management Plan; and,


WHEREAS, TEND landscape, Inc. was prequalified to provide said services to the City by way

of resolution A7 dated February 5, 2020; and,

WHEREAS, the City solicited a proposal from TEND landscape Inc., because of its unique

experience in landscape management of urban parks and its performance on landscape architecture

services in 2019; and,

WHEREAS, TEND landscape, Inc. has provided the attached proposal for the above referenced

scope of work dated March 6, 2020; and,

WHEREAS, it was determined that TEND is the most qualified to perform the required

landscape architecture services, due to their expertise, cost, and other factors considered; and,

WHEREAS, the City received an anonymous donation which will be used to pay for the

services performed by TEND and as a result this contract award will be at no cost to the City; and,

WHEREAS, the Administration recommends awarding a contract to TEND landscape, Inc. in

the amount of $62,540.00, to complete the required work for a term of one (1) year to expire March 31,

2021.


contract is hereby awarded to TEND landscape, Inc. in the amount of $62,540.00, for a term to expire

March 31, 2021; and:






documents and take any and all actions necessary to complete and realize the intent ant


4. TEND landscape, Inc. has completed the Stockholder Disclosure and Contribution

Disclosure forms which are attached hereto.



herein with:

TEND landscape, Inc.

1417 N. 2nd Street Suite 3E

Philadelphia, PA 19122



SECOND: Phil Cohen


20-370

RESOLUTION AWARDING A PROFESSIONAL SERVICES CONTRACT TO SITE LOQIQ,

INC. FOR ENGINEERING SERVICES TO DESIGN AND CONSTRUCTION MANAGE

ENGINEERED INFECTION PREVENTION MEASURES AT CITY FACILITIES IN THE

AMOUNT OF $33,000

WHEREAS, Engineering is a professional service as defined in N.J.S.A. 40A:11-5(1)(a)(i) et

seq.; and;

WHEREAS, the COVID-19 emergency has illustrated the need to implement new workplace

policies and physical improvements to reduce the potential for disease transmission; and,

WHEREAS, Engineered Infection Prevention (EIP) measures are physical improvements using

disinfection technology that can mitigate the spread of infection such as COVID-19; and,

WHEREAS, the City seeks to install EIP measures at public buildings including but not limited

to City Hall, Police Headquarters, and Fire Houses; and,

WHEREAS, the City requires a qualified engineering firm to design and implement EIP

measures for said public buildings; and,

WHEREAS, SiteLogIQ, Inc. was prequalified to provide said services to the City by way of

resolution A7 dated February 5, 2020; and,


WHEREAS, the City solicited a proposal from SiteLogIQ, Inc. because of its experience

designing a similar EIP measures for healthcare and other facilities; and,

WHEREAS, SiteLogIQ, Inc. has provided the attached proposal for the above referenced scope

of work dated May 12, 2020; and,

WHEREAS, it was determined that SiteLogIQ, Inc. is the most qualified to perform the required

engineerig services, due to their expertise, cost, and other factors considered; and,

WHEREAS, the City plans to seek federal funding for these engineering services and the

installation of the EIP measures as they will mitigate the potential for disease transmission; and,

WHEREAS, the Administration recommends awarding a contract to SiteLogIQ, Inc. in the

amount of $33,000.00, to complete the required work for a term of one (1) year to expire May 19, 2021.


contract is hereby awarded to SiteLogIQ, Inc. in the amount of $33,000.00, for a term to expire May 19,

2021; and:









herein with:

SiteLogIQ, Inc.

2125 2nd Street

St. Paul, MN 55110




SECOND: Phil Cohen


20-371

RESOLUTION AWARDING A PROFESSIONAL SERVICES CONTRACT TO HMR

ARCHITECTS FOR ARCHITECTURE SERVICES TO DESIGN A BULLET RESISTANT

VISITOR WINDOW AT THE HOBOKEN POLICE DEPARTMENT IN THE AMOUNT OF

$3,780

WHEREAS, Architecture is a professional service as defined in N.J.S.A. 40A:11-5(1)(a)(i) et

seq.; and;

WHEREAS, the bullet resistant visitor transaction window at the Hoboken Police Department is

showing signs of failure such as cracking; and,

WHEREAS, sound is transmitted through the window by a hole with metal slats, which does not

mitigate the potential for disease transmission; and,

WHEREAS, the City seeks to replace the bullet resistant visitor transaction window with a

modern design that mitigates the potential for disease transmission while allowing adequate sound

transmission from both sides; and,

WHEREAS, the window will be replaced with a new Level 3 acrylic/polycarbonate laminated

window with two transaction windows, with protected speaking ports and transaction trays; and,

WHEREAS, HMR Architects was prequalified to provide said services to the City by way of

resolution A7 dated February 5, 2020; and,

WHEREAS, the City solicited a proposal from HMR, because of its experience designing a

similar visitor transaction window at City Hall; and,

WHEREAS, HMR Architects has provided the attached proposal for the above referenced scope

of work dated May 1, 2020; and,


WHEREAS, it was determined that HMR Architects is the most qualified to perform the

required architecture services, due to their expertise, cost, and other factors considered; and,

WHEREAS, the City plans to seek federal funding for these architecture services and the

installation of the Level 3 acrylic/polycarbonate laminated window as it will mitigate the potential for

disease transmission; and,

WHEREAS, the Administration recommends awarding a contract to HMR Architects in the

amount of $3,780.00, to complete the required work for a term of one (1) year to expire May 19, 2021.


contract is hereby awarded to HMR Architects in the amount of $3,780.00, for a term to expire May 19,

2021; and:









herein with:

HMR Architects

821 Alexander Road

Princeton, NJ 08540



SECOND: Phil Cohen


20-372


RESOLUTION AWARDING A PROFESSIONAL SERVICES CONTRACT TO

BIOHABITATS FOR ARBORICULTURE SERVICES IN THE AMOUNT OF $15,066

FUNDED BY THE PARKS TRUST FUND AT NO COST TO THE CITY

WHEREAS, Arboriculture is a professional service as defined in N.J.S.A. 40A:11-5(1)(a)(i) et

seq.; and;

WHEREAS, the City of Hoboken worked with TEND landscape, Inc. (“TEND”) in 2019

to prepare condition assessments, performance standards, and landscape management

specifications for City-owned parks; and,

WHEREAS, the City requires an Arborist to develop a comprehensive inventory,

assessment, and recommendations for tree preservation, removal, and priority pruning of the

existing trees located within Elysian and Church Square Parks, as recommended in the TEND

Landscape Management Plan; and,

WHEREAS, the City solicited proposals from all firms prequalified to provide said services to

the City by way of resolution A7 dated February 5, 2020; and,

WHEREAS, Biohabitats was the only firm that elected to provide a proposal; and,

WHEREAS, Biohabitats has provided the attached proposal for the above referenced scope of

work dated March 12, 2020; and,

WHEREAS, the City received an anonymous donation which will be used to pay for the

services performed by Biohabitats and as a result this contract award will be at no cost to the City; and,

WHEREAS, the Administration recommends awarding a contract to Biohabitats in the amount

of $15,066.00, to complete the required work for a term of one (1) year to expire March 31, 2021.


contract is hereby awarded to Biohabitats in the amount of $15,066.00, for a term to expire March 31,

2021; and:









4. Biohabitats has completed the Stockholder Disclosure and Contribution Disclosure forms

which are attached hereto.


herein with:

Biohabitats

2081 Clipper Park Road

Baltimore, MD 21211



SECOND: Phil Cohen


20-373

RESOLUTION AUTHORIZING THE LOCATION OF THE HOBOKEN FARMERS

MARKET EVERY TUESDAY, BEGINNING JUNE 2, 2020 AND ENDING TUESDAY,

NOVEMBER 24, 2020

WHEREAS, the COVID-19 emergency has affected the food supply chain; and,

WHEREAS, the City seeks to provide safe and convenient access to fresh, local food; and,

WHEREAS, the Quality of Life Coalition and the City of Hoboken sponsor an annual Hoboken

Farmers Market (“the Market”) adjacent to Church Square Park; and,

WHEREAS, the Market provides fresh, local food to Hoboken residents on Tuesdays, from the

first Tuesday in June until the Tuesday before Thanksgiving; and,


WHEREAS, the Jersey Fresh farmers and local food vendors at the Market provide the

assurance that produce and products have been in and out of minimal hands before they hit the stand;

and,

WHEREAS, the 2020 Hoboken Farmers Market will take place every Tuesday, beginning June

2, 2020 and ending November 24, 2020; and,

WHEREAS, the Market will adopt protective measures against COVID-19 including social

distancing and personal protective equipment; and,

WHEREAS, to safely comply with social distancing, the Market must spread to both sides of

the block, encompassing the wide sidewalk in front of Demarest School; and,

WHEREAS, the 2020 Hoboken Farmers Market will therefore be located on the east and west

sides of Garden Street between Fourth Street and Fifth Street; and,

WHEREAS, customers will have to shop in one direction on each side of the block, from 4th to

5th Streets on the west side of Garden Street and 5th to 4th Streets on the east side of Garden Street; and,

WHEREAS, educational and directional signage will be posted for Market patrons; and,

WHEREAS, the Hoboken Quality of Life Coalition and the City of Hoboken request that the

Council of the City of Hoboken suspend parking on that section of the West side and East side of

Garden Street between Fourth Street and Fifth Street so that farmers can park their trucks to unload and

sell their goods; and,

NOW, THEREFORE, BE IT RESOLVED:

1. The above recitals are incorporated herein as though fully set forth at length.

2. 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 receive the intent

and purpose of this resolution.


3. The parking meters along the West side and the East side of Garden Street between

Fourth Street and Fifth Street are hereby suspended on every Tuesday from 12:00

P.M. to 9:00 P.M. beginning Tuesday, June 2, 2020 and ending Tuesday, November

24, 2020. Parking in this location shall be permitted only for the use by vendor for

the Hoboken Farmers’ Market.

4. The sidewalk along the West Side and the East side of Garden Street between Fourth

Street and Fifth Street shall be cleared of loiterers every Tuesday from 12:00 P.M. to

9:00 P.M. beginning at 12:00 P.M. on Tuesday, June 2, 2020 and ending at 9:00 P.M.

on Tuesday, November 24, 2020.

5. The Hoboken Police Department and Hoboken Department of Parking and

Transportation shall take action to effectuate and enforce these regulations.

6. A certified copy of this resolution shall be provided to Mayor Ravinder S. Bhalla,

Assistant Business Administrator Caleb Stratton, Director Jennifer Gonzalez, Chief of

Police Kenneth Ferrante, and Director Ryan Sharp.



SECOND: Phil Cohen


Finance

20-374

RESOLUTION AUTHORIZING 100% DISABLED VETERANS PROPERTY TAX

DEDUCTION AGAINST PROPERTY FOR 2020 TAXES

WHEREAS, Andrew Glen McCasland, applied for 100% Disabled Veterans Property Tax

Deduction against Property Taxes for 2020 taxes, effective December 9, 2019 and whereas his taxes for

2019 have been paid in full and 1st quarter of 2020 was paid; and,

WHEREAS, 2019 4th quarter was paid in full and a prorated amount of $592.46 will be

refunded as well as the first quarter of 2020 in the amount of $2,394.91; and,

WHEREAS, the first and second quarters of 2020 will be cancelled from the 2020 tax duplicate;

and,

WHEREAS, the Hoboken City Council seeks to authorize a refund be made accordingly.



warrant be drawn on the City Treasury in the total amount of $2,987.37, made payable as follows,

representing a refund from taxes following the application of a 100% Disabled Veterans Property Tax

Deduction:

NAME BL/LOT/UNIT PROPERTY QTR/YEAR AMOUNT

ANDREW GLEN MCCASLAND

333 GARDEN STREET #B

HOBOKEN, NJ 07030

190/7/C000B 333

GARDEN

STREET

2019/4 $ 592.46

ANDREW GLEN MCCASLAND

333 GARDEN STREET #B

HOBOKEN, NJ 07030

190/7/C000B 333

GARDEN

STREET

2020/1 $2,394.91



SECOND: Phil Cohen


Public Safety

20-375

RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE

"CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING PROGRAM" ON BEHALF

OF THE HOBOKEN POLICE DEPARTMENT AND AUTHORIZING THE ACCEPTANCE

AND UTILIZATION OF ANY RESULTING FUNDS

WHEREAS, the Coronavirus Emergency Supplemental Funding (CESF) Program will provide

funding to assist eligible states, local units of government, and tribes in preventing, preparing for, and

responding to the coronavirus; and,

WHEREAS, the CESF Program is authorized by Division B of H.R. 748, Pub. L. No. 116136

(Emergency Appropriations for Coronavirus Health Response and Agency Operations); 28 U.S.C. 530C;

and,

WHEREAS, funds awarded under the CESF Program must be utilized to prevent, prepare for,

and respond to the coronavirus. Allowable projects and purchases include, but are not limited to,

overtime, equipment (including law enforcement and medical personal protective equipment), hiring,

supplies (such as gloves, masks, sanitizer), training, travel expenses (particularly related to the

distribution of resources to the most impacted areas), and addressing the medical needs of inmates in


state, local, and tribal prisons, jails, and detention centers; and,

WHEREAS, units of local government are eligible to apply for the CESF Program; and,

WHEREAS, the City of Hoboken is located on the Hudson River directly across from midtown

Manhattan and in Hudson County, New Jersey. The Holland Tunnel is located near the city’s southern

border, and the Lincoln Tunnel is located near the city’s northern border. The city serves as a major

transportation hub that includes buses, heavy and light railways, taxi and livery services, as well as

subway and ferry systems. Hoboken is located less than two miles from New York City, the epicenter of

COVID-19 in the United States; and,

WHEREAS, the City of Hoboken declared a State of Emergency on March 12th in an effort to

reduce the spread of COVID-19 and the Hoboken Coronavirus Task Force was formed to respond to the

pandemic; and,

WHEREAS, as of May 6th and according to the New Jersey Department of Health COVID-19

HUB, there have been 130,593 total positive cases and 8,244 deaths in New Jersey. Hudson County has

had 16,099 positive cases and 870 deaths; and,

WHEREAS, as a result of the serious nature of the COVID-19 pandemic, and in particular the

precarious location of the City of Hoboken, the Hoboken Police Department (“HPD”) developed an

extensive operational plan for both during and after the State of Emergency (“SOE”); and,

WHEREAS, the City seeks to apply for the CESF Program on behalf of the HPD in order to

assist with the increased costs associated with the HPD’s response to the COVID-19 pandemic, such as

overtime, education, enhanced cleaning/sanitization, and PPE; and,

WHEREAS, there is no City match required; and,

WHEREAS, the City of Hoboken desires to apply for grant funding through the CESF Program

to aid with the financial burden of the HPD’s COVID-19 response, and to accept and utilize any funds

resulting from the City’s application.

NOW, THEREFORE, BE IT RESOLVED, by the City of Hoboken, County of Hudson State

of New Jersey hereby recognizes the following:

1. The City Council does hereby authorize submission of an application for CESF

Program funding for the HPD.

2. The Mayor, the Assistant Business Administrator, or their designee may sign the

CESF application and any other documents necessary in connection therewith, on


behalf of the City of Hoboken, and their signature will constitute acceptance of the

terms and conditions.

3. The City Council acknowledges the terms and conditions for the CESF Program

delineated in the attached.

4. Upon receipt of any grant funding or other financial aid resulting from the City’s

CESF Program application, the Council does further authorize the execution of the

grant agreement, the acceptance of the funds, and the expenditure of funds pursuant

to the terms of the agreement.


SPONSOR: Michael Russo

SECOND: James Doyle


Tax Collector

20-376

RESOLUTION AUTHORIZING THE REFUND OF TAX OVERPAYMENTS

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


DEREK HUANG

456 NINTH STREET #35

HOBOKEN, NJ 07030

96/1/C0035

456 NINTH STREET 1/20

$1,544.59

CHENG QIAN

800 JACKSON STREET #707

HOBOKEN, NJ 07030

86/1/C0707

800 JACKSON STREET 2/20

$4,192.57

(ABATEMENT)

304 GARDEN STREET C/O SETH MARTIN

304 GARDEN STREERT

931 HUDSON STREET

HOBOKEN, NJ 07030

179/42

302 GARDEN STREET

1/20

$3,190.01

LOAN DEPOT

25500 COMMERCENTRE DRIVE

LAKE FOREST, CA 90630

ATTN: DEVIL PUROHIT

253/34

1202 GARDEN STREET

2/20 $5,828.75


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 $14,755.92, representing refunds of tax overpayments, made payable as follows:


DEREK HUANG

456 NINTH STREET #35

HOBOKEN, NJ 07030

96/1/C0035

456 NINTH STREET 1/20

$1,544.59

CHENG QIAN

800 JACKSON STREET #707

HOBOKEN, NJ 07030

86/1/C0707

800 JACKSON STREET 2/20

$4,192.57

(ABATEMENT)

304 GARDEN STREET C/O SETH MARTIN

304 GARDEN STREERT

931 HUDSON STREET

HOBOKEN, NJ 07030

179/42

302 GARDEN STREET

1/20

$3,190.01

LOAN DEPOT

25500 COMMERCENTRE DRIVE

LAKE FOREST, CA 90630

ATTN: DEVIL PUROHIT

253/34

1202 GARDEN STREET

2/20 $5,828.75



SECOND: Phil Cohen


20-377

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 YEAR AMOUNT

THE DAVIDSON LEGAL GROUP

(FBO) BIT INVESTMENT LLC % PNC BANK

154 SOUTH LIVINGSTON AVE., SUITE 207

LIVINGSTON, NJ 07039

126/3.01

1450 GARDEN STREET 2019

$47,706.88



(FBO) MONROE PROPERTIES, LLC



92/1.01

900 MONROE STREET 2019

$49,789.66


(FBO) 1405 CLINTON LLC BY BIJOU



123/1.01

1405 CLINTON STREET 2019

$ 8,234.85

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

approve the refunds accordingly.

NOW, THEREFORE, BE IT RESOLVED, that a warrant be drawn on the City Treasury in

the total amount of $105,731.39, representing refunds resulting from tax appeals, made payable as

follows:

NAME BL/LOT/UNIT PROPERTY YEAR AMOUNT


(FBO) BIT INVESTMENT LLC % PNC BANK



126/3.01

1450 GARDEN STREET 2019

$47,706.88


(FBO) MONROE PROPERTIES, LLC



92/1.01

900 MONROE STREET 2019

$49,789.66


(FBO) 1405 CLINTON LLC BY BIJOU



123/1.01

1405 CLINTON STREET 2019

$ 8,234.85



SECOND: Phil Cohen


RESOLUTION AUTHORIZING ESTIMATED TAX BILLING PER N.J.S.A. 54:4-66.3


WHEREAS, the ongoing COVID-19 pandemic has disrupted municipal, county, and state

governments, the 2020 budget process and property tax billing process may not be as timely and certain

as they have been in past years; and,

WHEREAS, the City of Hoboken (“the City”) has not introduced its 2020 Municipal Budget

and the New Jersey Division of Local Government Services may be delayed in reviewing the City’s

2020 Municipal Budget prior to adoption due to the current fiscal uncertainties, and the Hudson County

Board of Taxation may be delayed in certifying the City’s 2020 tax rate once the City’s 2020 budget is

adopted; and,

WHEREAS, without a certified 2020 tax rate, City of Hoboken Tax Collector will be unable to

prepare and mail property tax bills in accordance with statutory deadlines for the third quarter

installment of 2020 taxes; and,

WHEREAS, because of these above-mentioned uncertainties, the New Jersey Division of Local

Government Services issued Local Finance Notice LFN-2020-07 which strongly recommends that

municipalities issue estimated property tax bills for the third quarter installment of 2020 taxes, and,

WHEREAS, the Tax Collector, in consultation with the Chief Financial Officer and Finance

Director, computed an estimated tax levy in accordance with NJSA 54:4-66.3, and each signed a

certification showing the tax rate and tax levy for 2019 and the range of permitted estimated tax rates

and levies for 2020; and,

WHEREAS, the 2020 estimated tax rate and estimated tax levy are within the permitted range,

the Director of the Division of Local Government Services does not need to approve the estimated tax

levy;

WHEREAS, the City seeks to authorize the Tax Collector, if she deems necessary, to prepare

and issue estimated tax bills for the third quarter installment of 2020 taxes.

NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Hoboken, County of

Hudson, State of New Jersey as follows:

1. The Tax Collector is hereby authorized and, if she deems necessary, directed to

prepare and issue estimated tax bills for the third quarter installment of 2020 taxes.


2. The estimated tax levy for 2020 is hereby set at $196,600,000.

BE IT FURTHER RESOLVED, that Certified Copies of this Resolution be provided by

the City Clerk to the following persons:

- Finance Director

- Chief Financial Officer

- Tax Collector

RESULT: Carried

SPONSOR:

SECOND:

Transportation and Parking

RESOLUTION AWARDING A CONTRACT TO TOMAR CONSTRUCTION GROUP IN

THE AMOUNT OF $1,975,000 FOR THE REPLACEMENT OF ELEVATORS IN

MUNICIPAL PARKING GARAGES B, D, AND G (TO BE PAID FROM A CAPITAL

ACCOUNT)

WHEREAS, the City requires construction services to replace elevators in Municipal Parking

Garages B, D, and G; and,

WHEREAS, City bidders for said service by way of Bid No #20-01, and received the following

responses:


WHEREAS, funding for the elevator replacement project will be entirely from a Parking Utility

capital account and therefore will not impact the Parking Utility’s 2020 operating budget; and,

WHEREAS, the Administration recommends awarding a contract to Tomar Construction

Group, the lowest responsive and responsible bidder, for elevator replacement services in the amount of

$1,9750,000.00 pursuant to BID No.#20-01, to expire May 20, 2021.


contract is awarded to Tomar Construction Group in the amount of $1,9750,000.00, for a term to expire

May 20, 2021; subject to the following:


2. Any change orders which may become necessary shall be subject to the City’s ability to


Council.





herein with:

5.

Tomar Constrution Group

18 Connerty Court


East Brunswick, NJ 08816

RESULT: Carried

SPONSOR:

SECOND:

20-378

RESOLUTION AWARDING A NON-FAIR AND OPEN CONTRACT TO CARYL

TECHNOLOGIES, LLC IN AMOUNT NOT TO EXCEED $20,820 FOR PROPRIETARY

TECHNOLOGY SERVICES

WHEREAS, the Hoboken Parking Utility has a need for cloud hosting, security, and

maintenance services for the server for its Metric on-street parking meters; and,

WHEREAS, cloud hosting and maintenance of the Parking Utility’s parking meter server will

increase security and resiliency of HPU’s operations, especially when access to City Hall is restricted for

any reason, such as a pandemic; and,

WHEREAS, N.J.A.C. 5:34-9.1(a) permits municipalities to award public contracts without

public bidding for the support of technology services that are specialized in nature, including when the

contracting unit has a substantial investment in facilities, training, or complimentary items that warrants

reliance on a specific vendor to maintain the value of the investment; and,

WHEREAS, Caryl Technologies, LLC currently has a substantial investment in facilities,

training, and other complimentary items, such as the Parking Utility’s Centrally Integrated Parking

System (CIPS) and Parking Enforcement Management System (PEMS) that warrants further reliance on

Caryl Technologies to maintain the value of these investments; and,

WHEREAS, cloud server hosting and maintenance through Caryl Technologies, LLC will also

save the Parking Utility approximately $45,180 in 2020 compared to cloud hosting and server

maintenance through the manufacturer of the City’s on-street parking meters, Metric/Amano McGann;

and,

WHEREAS, the Administration recommends awarding a contract to Caryl Technologies, LLC

for cloud server hosting and maintenance services in an amount not to exceed $20,820, for a term to

expire December 31, 2020.


contract is hereby awarded to Caryl Technologies in an amount not to exceed $20,820, for a term to

expire December 31, 2020; and:









4. The Mayor, or his designee, is hereby authorized to execute an agreement with Caryl

Technologies and any other steps necessary to effectuate this resolution.

5. This resolution shall take effect immediately.




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

NAYS: Michael Russo

Clerk

20-379

RESOLUTION TO ADOPT THE MINUTES OF THE MEETINGS OF THE CITY COUNCIL

DATED: REGULAR MEETING OF MAY 6, 2020

BE IT RESOLVED, that the attached Meeting Minutes for the City of Hoboken’s Regular Meeting of

May 6, 2020 have been reviewed by the Governing Body, and are hereby approved by the Governing

Body, and said Meeting Minutes shall now be made public, except to the extent said minutes include

closed execution session discussions, which shall remain confidential until the need for confidentiality

no longer exists, at which point the matters discussed therein will be made available to the public in

accordance with applicable law.



SECOND: Phil Cohen


20-380

RESOLUTION APPOINTING LISSETTE VEGA TO THE HOBOKEN HOUSING

AUTHORITY FOR A (5) FIVE YEAR TERM TO EXPIRE ON MAY 3, 2025

WHEREAS, pursuant to the Hoboken City Code ⸹38-1, the City of Hoboken has established a

Housing Authority; and,


WHEREAS, Hoboken City Code ⸹38-2 provides for seven (7) members, known as

“Commissioners,” to serve on the Hoboken Housing Authority Board; and,

WHEREAS, each member shall serve on the Hoboken Housing Authority Board for a term of

(5) five years and until their respective successors have been appointed and qualified; and,

WHEREAS, the City Council has the authority to appoint (5) five members to serve on the

Hoboken Housing Authority Board; and,

WHEREAS, the expiration date for the term of office for the position held by Commissioner

James Sanford is May 3, 2020, which creates a vacancy, and the City Council seeks to appoint Lissette

Vega to fill said vacancy.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hoboken

hereby appoints Lissette Vega, to serve as a member of the Hoboken Housing Authority Board for a

term of five (5) years to expire on May 3, 2025, as a City Council designee, to fill the vacancy left by

James Sanford as of May 3, 2020.


SPONSOR: Vanessa Falco

SECOND: Ruben Ramos

AYES: DeFusco, Falco, Fisher, Jabbour, Ramos, Russo, Giattino

NAYS: Phil Cohen, James Doyle

RESOLUTION APPOINTING JAMES SANFORD TO THE HOBOKEN HOUSING

AUTHORITY FOR A (5) FIVE YEAR TERM TO EXPIRE ON MAY 3, 2025

WHEREAS, pursuant to the Hoboken City Code §38-1, the City of Hoboken has established a

Housing Authority; and,

WHEREAS, Hoboken City Code §38-2 provides for seven (7) members, known as

“Commissioners,” to serve on the Hoboken Housing Authority Board; and,


WHEREAS, each member shall serve on the Hoboken Housing Authority Board for a term of

(5) five years and until their respective successors have been appointed and qualified;

and,

WHEREAS, the City Council has the authority to appoint (5) five members to serve on

the Hoboken Housing Authority Board; and,

WHEREAS, Commissioner James Sanford has served as a Commissioner on the Hoboken

Housing Authority for seven (7) years, and has served the Hoboken Housing Authority

well as a Commissioner for seven (7) years; and,

WHEREAS, Commissioner James Sanford continues to serve as a Commissioner on the

Hoboken Housing Authority in a holdover capacity since his term of office for the position expired on

May 3, 2020; and,

WHEREAS, Commissioner James Sanford has applied to the City Council to be reappointed as

a Commissioner to the Hoboken Housing Authority; and,

WHEREAS, the City Council seeks to appoint James Sanford as a member of the Hoboken

Housing Authority Board for a new term of five (5) years to expire May 3, 2025.

NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Hoboken hereby

appoints James Sanford, to serve as a member of the Hoboken Housing Authority Board for a term of

five (5) years to expire on May 3, 2025.

***REMOVED***

20-381

RESOLUTION URGING HOBOKEN CITY COUNCIL MEMBERS TO FORGO TAKING

THEIR CITY-FUNDED PLATINUM-PLUS, NO DEDUCTIBLE HEALTH INSURANCE

BENEFITS IN FAVOR OF VOLUNTARILY TAKING THE CITY-FUNDED “HSA PLAN”,

IN LIGHT OF THE SUBSTANTIAL ANTICIPATED CALENDAR YEAR 2020 BUDGET

SHORTFALL


WHEREAS, Hoboken City Council members are currently entitled to health insurance benefits

in accordance with Hoboken City Code §63-4 “Compensation of Council members” which states: “All

members of the Hoboken City Council shall be entitled to receive equivalent

health care benefits as are set forth in the current collective bargaining agreement between the

City and the Hoboken Municipal Supervisors Association”; and,

WHEREAS, other part-time municipal employees are not entitled to health insurance benefits;

and,

WHEREAS, currently, the healthcare plan afforded to the Hoboken Municipal Supervisors

Association, which City Council members are eligible to take, is extremely generous, and has been

described by the City’s actuary as the “Rolls Royce Plan” for healthcare coverage; and,

WHEREAS, current coverage for City Council members includes health, dental, and vision;

and,

WHEREAS, the approximate cost of healthcare for City Council members can reach up

to $118,000,000, including waiver payments to Councilmembers who elect not to utilize the City’s

healthcare benefits; and,

WHEREAS, due to the anticipated substantial Calendar Year (CY) 2020 shortfall, spending cuts

will need to be made throughout the budget, including the possibility of a significant number of

employee layoffs; and,

WHEREAS, due to Governor Murphy’s declaration of a State of Emergency to contain the

spread of COVID-19, and Mayor Bhalla’s and Hoboken’s Office of Emergency Management’s

extraordinary actions to contain the spread of COVID-19, including, but not limited to, suspending street

cleaning, implementing a curfew, and closing bars, restaurants, and non-essential businesses, the CY

2020 shortfall will be exacerbated by even greater reductions in anticipated revenues than had been

projected just two months ago; and,

WHEREAS, in order to save money in the upcoming budget year, it is recommended that City

Council members voluntarily move to the “HSA plan” which all other unclassified employees in the


Administration currently utilize and could result in up to a 28% reduction in health insurance costs for

City Council members.


all City Council members, shall voluntarily switch to the City-funded HSA plan; and,

BE IT FURTHER RESOLVED, the members of the City Council shall hereby voluntarily

relinquish their current health insurance plan in favor of the City-funded HSA plan provided by the City

of Hoboken in accordance with this Resolution.

RESULT: Denied [3 to 6]

SPONSOR: Phil Cohen


AYES: Phil Cohen, James Doyle, Emily Jabbour

NAYS: DeFusco, Falco, Fisher, Ramos, Russo, Giattino

20-382

RESOLUTION OF THE CITY OF HOBOKEN, SUPPORTING THE RECENT ACTIONS

TAKEN BY THE HUDSON COUNTY IMPROVEMENT AUTHORITY AND THE HUDSON

COUNTY BOARD OF CHOSEN FREEHOLDERS TO SUPPORT MAINTAINING A

HOSPITAL AT THE CURRENT LOCACTION OF HOBOKEN UNIVERSITY MEDICAL

CENTER, AND ALSO REQUESTING MAYOR BHALLA TO PURSUE THIS COURSE OF

ACTION FOR THE PURPOSES OF PROTECTING THE GENERAL WELFARE, HEALTH

AND SAFETY OF THE RESIDENTS OF THE COUNTY AND HOBOKEN

WHEREAS, Hoboken has had a hospital under various names and corporate arrangements

(“Hoboken Hospital”) operating at its current site since 1863, when it was originally opened as St.

Mary’s by the Poor Sisters of St. Francis to treat the returning soldiers wounded in the Civil War; and,

WHEREAS, Hoboken Hospital has a long tradition of serving our soldiers and community

having been known as “Embarkation Hospital Number One” during world war I given Hoboken was the

main port of embarkation for the nearly 2 million soldiers as well as operating as a soup kitchen during

and after the Great Depression serving 200-300 people twice a day; and,

WHEREAS, Hoboken Hospital currently serves the medical needs of Hoboken residents and

other neighboring Hudson County communities, including Union City, West New York, Weehawken

and North Bergen; and,


WHEREAS, Hoboken Hospital is a critical anchor in Hoboken’s economy, employing many

Hoboken residents, and working with, contributing to the success of and relying on many Hoboken

businesses; and,

WHEREAS, after 140 years of continuous ownership, Hoboken Hospital transferred ownership

in 2000 and has since changed hands two more times – once to the City of Hoboken in 2007, and then in

2011 to CarePoint Health – the latter of which remains the current owner of Hoboken Hospital; and,

WHEREAS, in October 2019, CarePoint Health signed a letter of intent to sell Hoboken

Hospital and Jersey City’s Christ Hospital to the RWJ Barnabas Health group, which owns several

hospitals across the state, including Jersey City Medical Center and Children’s Hospital of New Jersey

at Newark Beth Israel Medical Center; CarePoint Health also agreed to sell its third hospital in Hudson

County, the Bayonne Medical Center; and,

WHEREAS, in November 2019, Avery Eisenreich, owner of chain of nursing homes, acquired

the property where Hoboken Hospital is situated, as well as the operating leases for Hoboken Hospital;

and,

WHEREAS, state, county and local representatives for the above-referenced three hospitals

expressed concern that the hospitals may be at risk of being closed, including Hoboken Hospital which

would have been a closure for the first time in 157 years; and,

WHEREAS, the Hudson County Improvement Authority, at its meeting on May 13, 2020,

authorized by resolution its use of its power of eminent domain to acquire the properties associated with

the three hospitals as described therein and any interests therein, subject to the consent of the Hudson

County Board of Chosen Freeholders; and,

WHEREAS, the Hudson County Board of Chosen Freeholders, at its meeting on May 14, 2020,

approved by resolution its consent to the Hudson County Improvement Authority exercising its

aforementioned authorities; and,

WHEREAS, the Hudson County Improvement Authority’s approval requires a parallel

agreement with the City of Hoboken to defray certain costs associated with Hoboken Hospital’s

acquisition; and,


WHEREAS, the City of Hoboken has not yet entered into such an agreement; and,

WHEREAS, the RJW Barnabas remains interested in acquiring Hoboken Hospital; and,

WHEREAS, the City Council is asking Mayor Bhalla to work with those parties involved in the

transactions to assist in the facilitation, on behalf of Hoboken, of maintaining an operating Hoboken

Hospital, all while seeking to defray the costs incurred by the City related to the transfer of Hoboken

Hospital to a viable purchaser, thus minimizing any financial or other liabilities of the City.

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

expresses its support for the actions already taken by the HCIA and the HCBCF to ensure the continued

existence and operation of Hoboken Hospital for the purposes of protecting the general welfare, health

and safety of the residents of Hoboken and Hudson County, and it encourages Mayor Bhalla to continue

to pursue the successful continuation of uninterrupted operations of Hoboken Hospital on behalf of, and

for the benefit of, Hoboken’s residents and supporting businesses.



SECOND: Jennifer Giattino


ORDINANCES

Introduction and First Reading

20-383

B-267

COMPREHENSIVE MEDICAL CANNABIS ORDINANCE AMENDMENTS

ESTABLISHING A MEDICAL CANNABIS REVIEW BOARD AND A MEDICAL

CANNABIS TRANSFER TAX, ELIMINATING LICENSING PROVISIONS, AND

REVISING VARIOUS PROVISIONS OF THE HOBOKEN ZONING CODE

WHEREAS, the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2019,

c.153, revising and supplementing P.L.2009, c.307; N.J.S.A. 24:6I-1 et seq. (the “Act”) permits

Medical Cannabis Dispensaries, Alternative Treatment Centers (“ATC”) and Clinical Registrants

to cultivate, manufacture, and dispense of medicinal cannabis as well as permits authorized use

of medicinal cannabis to qualifying patients with qualifying conditions, that include Multiple

sclerosis, chronic pain, cancer, Anxiety, Opioid Use Disorder as an adjunct to Medication

Assisted Therapy, Tourette's Syndrome, epilepsy, HIV, and Crohn’s disease ; and,


WHEREAS, the City of Hoboken supports and encourages the safe and appropriate

siting of Medical Cannabis Dispensaries to allow qualifying patients greater access to medicinal

cannabis; and,

WHEREAS, the City Council previously established a Cannabis Benefit District,

located within the Special Improvement District, as a mechanism for reinvesting additional

medical cannabis revenues generated through Medical Cannabis Dispensaries projects within

the permitted zoning district that support increased public safety and neighborhood impacts

within that zoning district boundary; and,

WHEREAS, the City of Hoboken wishes to establish a Cannabis Dispensary Review

Board pursuant to City Council Resolution 19-146 as an advisory board to review potential

Medical Cannabis Dispensaries within the City of Hoboken and make recommendations to the

Planning Board or Board of Adjustment, as the case may be, on the effect such a facility may

have on the health, safety, and general welfare of the citizens of the City of Hoboken; and,

WHEREAS, Act authorizes municipalities to adopt a 2% transfer tax by ordinance for

the purchase price on any medical cannabis dispensed by the dispensary, including medical

cannabis that is furnished by the dispensary to a medical cannabis handler for delivery to a

registered qualifying patient or the patient’s caregiver, and the City of Hoboken wishes to adopt

such a tax; and,

WHEREAS, the City Council previously established land use regulations that allow for

Medical Cannabis Dispensaries in appropriate zone districts, and now wishes to amend and

supplement those regulations.

NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF HOBOKEN DOES

HEREBY ORDAIN AS FOLLOWS:

SECTION ONE: Chapter 36 “Medical Cannabis Review Board” is hereby created and made a

part of the Municipal Code of the City of Hoboken; additions to the code are noted in underline.

§36-1 Establishment.

A. There is hereby created a Medical Cannabis Review Board (“Review Board”) which shall

serve as an advisory committee to the City of Hoboken whose duty it shall be to review

site plan applications for medical cannabis dispensary or clinical registrant within the City

of Hoboken pursuant to 196-33.1 for the impact on the safety, public health and general

welfare and provide a report of the application to the applicable land use board. The Review

Board may also, at its discretion, authorize a medical cannabis dispensary or clinical

registrant to operate an on-site medical cannabis consumption area pursuant to the rules and

regulations set forth in N.J.A.C. 24:6I-21.


B. The Review Board shall be comprised of three members: The Mayor or his or her designee,

a City Council member to be designated by Council, and the Director of Health and Human

Services. The Mayor’s designee shall serve for the term of the Mayor who appointed him or

her and until a successor is a appointed. The Council designee shall be appointed on an

annual basis at the City Council’s reorganization meeting.

C. The Review Board and the actions thereof are subject to the enabling authority of the State

of New Jersey and the “Jake Honig Compassionate Use Medical Cannabis Act." If any

provision of this Section are found to be inconsistent with the statutes and/or regulations of

the State of New Jersey, the State statutes and/or regulations shall govern.

§36-2 Purpose.

The purpose of the Medical Cannabis Review Board is to assure the public health, safety, and

general welfare of the City of Hoboken and its residents, business establishments and visitors.

§36-3 Definitions.

ADMINISTRATIVE OFFICER – The Director of Community Development or his or

her designee shall act as the administrative officer for accepting and processing of

applications to the Medical Cannabis Review Board. The administrative officer shall be

the point of contact for all communication between the City of Hoboken and the State

licensing authority or any other State agency with regard to the medical cannabis

dispensaries or clinical registrants. The Administrative Officer, in consultation with the

Medical Cannabis Review Board shall enforce the provisions of this code.

CANNABIS – The meaning given to “marijuana” in section 2 of the “New Jersey

Controlled Dangerous Substances Act,” P.L.1970, c.226 (C.24:21-2).

CANNABIS ACT – The Jake Honig Compassionate Use Medical Cannabis Act,

(Approved July 2, 2019), P.L. 2019, c.153, revising and supplementing P.L.2009, c.307;

N.J.S.A. 24:6I-1 et seq.

CANNABIS PERMIT – The documents, also referred to as a license, issued by the New

Jersey Department of Health or other State agency authorized to issue a Medical

Cannabis Dispensary Permit / License.

CANNABIS PERMITTING AUTHORITY – The Division of Medicinal Marijuana

within the New Jersey Department of Health and/or New Jersey Cannabis Regulatory


Commission and/or any other successor State entity with the statutory and regulatory

authority to issue medical cannabis dispensary permits or permit endorsements.

CLINICAL REGISTRANT – An entity that has a written contractual relationship with

an academic medical center in the region in which it has its principal place of business,

which includes provisions whereby the parties will engage in clinical research related to

the use of medical cannabis and the academic medical center or its affiliate will provide

advice to the entity regarding patient health and safety, medical applications, and

dispensing and managing controlled dangerous substances, among other areas.

MEDICAL CANNABIS DISPENSARY or ALTERNATIVE TREATMENT

CENTER (“ATC”) - A business entity, which shall include clinical registrants, that is

authorized by the State of New Jersey to possess, display, deliver, transfer, transport,

distribute, supply, sell, and dispense medical cannabis, medical cannabis products,

paraphernalia, and related supplies to qualifying patients, designated caregivers, and

institutional caregivers pursuant to written instructions issued by a health care

practitioner pursuant to the requirements of P.L.2009, c.307 (C.24:6I-1 et al.). The term

shall include the act of furnishing medical cannabis to a medical cannabis handler for

delivery to a registered qualifying patient. A medical cannabis dispensary permit shall

not authorize the permit holder to cultivate medical cannabis, to produce, manufacture, or

otherwise create medical cannabis products.

§36-4 Site Application Review Process, Consumption Endorsement, Report and

Administrative Fee.

A. Site Plan Application Review. The Review Board shall receive and review copies of all

applications pursuant 196-33.1 and shall provide a recommendation in writing (“Report”) to

the Planning Board or Zoning Board of Adjustment prior to declaration of completeness by

the appropriate board.

B. Consumption Endorsement Review . The Review Board shall receive and review copies of

state endorsement on-site consumption applications pursuant N.J.C.A. 24-6I-21 and shall

provide an approval in writing (“Report”) to the City Council who shall adopt a resolution

of approval to the State.

C. Consumption Endorsement Application. Applicants seeking municipal approval for

consumption area on the premises at a medical cannabis dispensary or a clinical registrant


shall file an application with the Administrative Officer, on a standardized form established

by the City and available in the office of the City Clerk and on the City’s website. An

application shall be deemed incomplete, and shall not be processed by the Administrative

Officer, until all documents and application fees are submitted. To be deemed complete, all

applications shall be accompanied by the following:

(1) The applicant shall submit proof of authorization or endorsement by the State of New

Jersey for operation of a medical cannabis dispensary or as a clinical registrant.

(2) The applicant shall submit proof that the applicant has or will have lawful possession of

the premises proposed for the Medical Cannabis Dispensary, which proof may consist of

the following: a deed, a lease, a real estate contract contingent upon successful

municipal approval.

(3) The applicant shall submit an affidavit of compliance with all State and local laws

regarding affirmative action, anti-discrimination and fair employment practices. The

applicant shall also certify under oath that they will not and shall not discriminate based

on race, color, religion (creed), gender, gender expression, age, national origin

(ancestry), disability, marital status, sexual orientation, or military status, in any of its

activities or operations. Violation of this statute shall be grounds for revocation of

approval and/or disciplinary action by the City of Hoboken.

(4) The location proposed for licensing by the applicant shall comply with all applicable City

ordinances and regulations as set forth in §196-33.1 of the municipal code.

D. The Report shall provide recommendations regarding the impact on the public health, safety

and general welfare of the City such as address location, odor mitigation, security protocol,

noise mitigation, parking, and existing New Jersey operations, if any, and other regulations

pursuant to 196-33.1.

E. For site plan application, the Review Board shall have forty-five days (45) days to issue its

its Report to the Planning Board or Zoning Board.

F. For the consumption endorsement the Review Board shall have sixty (60) days issue its

report to the City Council for a resolution.

G. The Medical Cannabis Dispensary shall provide additional clarification and/or

supplementation within 10 days after any written request by the Review Board for the same.

H. Administrative Fees.

(1) A site plan and consumption endorsement application shall be accompanied by an

administrative application review fee of: $5,000.

(2) A consumption endorsement shall have an annual administrative fee of $5,000.


G Reinvestment of application fees. The application fees for endorsement of a medical cannabis

dispensary, a clinical registrant, or a new or renewed on-site medical cannabis consumption area

shall be used for public education and/or increased public safety in the area surrounding the

dispensary. A separate account shall be established for collection and disbursement of said funds

by the Medical Cannabis Review Board with the advice and consent of the City Council.

SECTION TWO: Chapters 128 “Licenses" of the Code of the City of Hoboken shall be

amended as follows; additions shall be shown in underline, deletions in strikethrough.

CHAPTER 128 – LICENSES

ARTICLE I General Business and Vital Statistics Licensing Procedures and Fees

No changes.

ARTICLE II Medical Cannabis Dispensary Licensing

§ 128-10 Definitions.

For purposes of this section, the following definitions shall apply:

ADMINISTRATIVE OFFICER

The City of Hoboken Director of Health and Human Services, or his or her designee,

shall serve as the Administrative Officer for licensing of medical cannabis dispensaries

on behalf of the City of Hoboken. [Added 3-6-2019 by Ord. No. B-107]

MEDICAL CANNABIS DISPENSARY(IES)

A facility licensed by the State of New Jersey and the City of Hoboken to dispense

cannabis in any form approved by the state and related supplies to qualified patients

who 1) possess prescriptions/recommendations issued by a licensed physician and 2)

are registered with the State of New Jersey.

STATE

The State of New Jersey.

§ 128-11 Licensing.

A. Local licensing authority. [Amended 3-6-2019 by Ord. No. B-107]

(1) The requirements of this article are subject to the enabling authority of the State of

New Jersey and are subject to compliance with all statutes and/or regulations adopted

by the State of New Jersey or its instrumentalities. If any provision of this article is


inconsistent with the statutes and/or regulations of the State of New Jersey, the state

statutes and/or regulations shall govern.

(2) There is hereby created a Medical Cannabis Dispensary Review Board ("Review

Board") whose duties it shall be to review and approve applications for licenses within

the City of Hoboken. The Review Board is further authorized to conduct public

hearings and impose disciplinary measures, sanctions and/or penalties upon

determination that the terms of this article, § 196-33.1 of the Zoning Code, or N.J.S.A.

24:6I-1 et seq., as amended, have been violated. The Review Board shall be comprised

of three members: the Mayor or his or her designee, a City Council member to be

designated by the Council, and the Chairman of the Planning Board or his or her

designee. The term of a Mayor's designee shall coincide with the term of the Mayor.

The Council designee and Planning Board designee shall be appointed annually at the

first meeting of the calendar year.

(3) The City of Hoboken Director of Health and Human Services, or his or her designee,

shall act as the local licensing Administrative Officer for the City for all medical

cannabis dispensaries. Under all circumstances in which state law requires

communication to the City by the state licensing authority or any other state agency

with regard to the licensing of medical cannabis dispensaries by the state, or in which

state law requires any review or approval by the City of any action taken by the state

licensing authority, the exclusive authority for receiving such communications and

granting such approvals shall be exercised by the designated Administrative Officer.

(4) Under no circumstances shall the Administrative Officer accept or act upon any

application for local licensing of a medical cannabis dispensary if the state has failed to

issue a license. It is the intent of this article that no medical cannabis dispensary may

lawfully exist in the City of Hoboken absent the issuance of a state license and full

regulatory oversight of the medical cannabis dispensary by the state licensing authority

as well as that of the City.

(5) Under no circumstances shall the Administrative Officer accept or act upon any

application for local licensing of a medical cannabis dispensary unless or until the

applicant has obtained site plan approval from a City of Hoboken land use board, and a

certificate of zoning compliance issued by the Zoning Officer and approval in writing

from the Medical Cannabis Dispensary Review Board. The Administrative Officer

shall not accept or act upon any application for licensing if a certificate of zoning

compliance for such a facility is more than six months old.

B. Cap on number of medical cannabis dispensary licenses. Effective January 1, 2019, the

maximum number of medical cannabis dispensary licenses issued by the City of Hoboken

for operation within the municipal boundaries of the City of Hoboken shall not exceed

three.

C. Application. Persons wishing to obtain a medical cannabis dispensary license shall file a

license application with the Administrative Officer, on a standardized form established by

the City of Hoboken and available in the offices of Health and Human Services and on the


City's website. An application shall be deemed incomplete and shall not be processed by the

Administrative Officer until all documents and application fees are submitted. To be

deemed complete, all applications shall be accompanied by the following: [Amended 3-

62019 by Ord. No. B-107]

(1) The applicant shall submit proof of prior approval by the state licensing authority for a

medical cannabis dispensary.

(2) The applicant shall submit proof that the applicant has or will have lawful possession

of the premises proposed for the medical cannabis dispensary, which proof may consist

of the following: a deed, a lease, a real estate contract contingent upon successful

licensing, or a letter of intent from the owner of the premises indicating an intent to

lease the premises to the applicant contingent upon approval of required licenses.

(3) The applicant shall submit an affidavit and documentary proof of compliance with all

state and local laws regarding affirmative action, antidiscrimination and fair

employment practices. The applicant shall also certify under oath that it will not and

shall not discriminate based on race, color, religion (creed), gender, gender expression,

age, national origin (ancestry), disability, marital status, sexual orientation, or military

status, in any of its activities or operations. Violation of this statute shall be grounds for

suspension or revocation of license at the sole discretion of the City.

(4) The location proposed for licensing by the applicant shall comply with all applicable

City zoning laws and the location restrictions set forth in § 196-33.1 of this Municipal

Code.

(5) The applicant shall submit, to the satisfaction of the Administrative Officer, proof of

financial capability to open and operate the medical cannabis dispensary for which the

applicant is seeking a license. Standards for proof of financial capability shall be

determined by the Administrative Officer and adopted by rule or regulation.

(6) The applicant shall submit annually an application or renewal fee of $15,000 for a

medical cannabis dispensary license.

(7) In addition to complying with any other state or City requirements related to good

character and having no criminal background, any person proposed to have an

ownership interest in the license shall not have committed any cannabis licensing

violation affecting public safety, as defined in the rules and regulations regarding state

or City medical cannabis dispensary licenses in the preceding year.

(8) The applicant and the contents of the application shall otherwise comply with any and

all qualification standards set forth in the state and City laws, regulations, or

requirements.

(9) Upon receipt of a complete application, the Administrative Officer shall have 10 days

to forward all application documents to the Medical Cannabis Dispensary Review

Board for their consideration. The Review Board shall have 30 days from the date of


receipt to approve or deny the application in writing. D. Term of license and license

renewals.

(1) Any City license for a medical cannabis dispensary issued pursuant to this article shall

be valid for a period of one year from the date of issuance.

(2) The Administrative Officer, with consent from the Review Board, may adjust the

annual renewal date of the local license to correlate with an applicant's state licensing

and renewal schedule, and the annual license fee shall be increased or decreased to

prorate the period accordingly. [Amended 3-6-2019 by Ord. No. B-107]

(3) Upon renewal of a medical cannabis dispensary license, the licensee shall be governed

by any Code amendments, additional restrictions, or changes in requirements adopted

since the previous license was issued or renewed.

(4) Transfer of ownership of a medical cannabis dispensary license, change of location of

any license, or modification to expand a licensed premises shall be treated as a new

application, subject to City land use review and approval as set forth in § 196-33.1 of

the Code.

(5) If the licensee has received notice of violation of any law or regulation relating to his

or her medical cannabis dispensary license, including disciplinary action against any

past or current cannabis license, the applicant for renewal shall include a copy of the

notice of violation or disciplinary action with his or her application.

§ 128-12 Disciplinary actions; sanctions; penalties.

[Amended 3-6-2019 by Ord. No. B-107]

A. Disciplinary actions. Procedures for investigation of medical cannabis dispensary license

violations, pursuant to rules and regulations set forth in Article IX, § 196-33.1, of the

Zoning Code, or N.J.S.A. 24:6I-1 et seq., as amended, and for suspension, revocation, or

other licensing sanctions as a result of any such violation, shall be as follows:

(1) First offense: $500 per violation per day;

(2) Second offense: $1,000 per violation per day;

(3) Third violation shall result in summary suspension.

B. Summary suspension. When the Revew Board has reasonable grounds to believe that a

medical cannabis dispensary licensee has engaged in deliberate and willful violation of any

applicable law or regulation, or that the public health, safety, and/or general welfare has

been jeopardized and requires emergency action, the Review Board may enter a summary

suspension order for the immediate suspension of such license pending further

investigation.

(1) The summary suspension order shall be in writing and shall state the reasons therefor.


(2) To the extent practicable, a special hearing shall be scheduled within 30 days of the

date of the summary suspension order. The hearing shall be open to the public and

shall be legally noticed as a public hearing in accordance with the Open Public

Meetings Act.

(3) The Review Board, by majority vote, is authorized to impose any fines, conditions,

restrictions, suspensions, or combination thereof authorized by the State of New Jersey.

In the absence of state-specified penalties, the City may issue fines up to $25,000 per

offense and/or issue a suspension of that medical cannabis dispensary license for a

period up to, but not exceeding, six months.

C. Inactive licenses. The Administrative Officer, in consultation with the Review Board, may

suspend or revoke any medical cannabis dispensary license if the licensed premises have

been inactive or unoccupied by the licensee for six months or more.

D. State license. The City of Hoboken shall suspend or revoke any license if the corresponding

state license for the subject location is expired, surrendered, suspended, or revoked.

SECTION THREE: Chapter 177 “Taxation” of the Code of the City of Hoboken shall be

amended as follows; additions to the current ordinance are noted in underline.

ARTICLE VI MEDICINAL CANNABIS TRANSFER TAX

§177-15 Purpose.

It is the purpose of this legislation to implement the Jake Honig Compassionate Use Medical

Cannabis Act, (Approved July 2, 2019), P.L. 2019, c.153, revising and supplementing P.L.2009,

c.307; N.J.S.A. 24:6I-1 et seq., which authorizes the governing body of a municipality to adopt

an ordinance imposing a transfer tax on any medical cannabis dispensed by the dispensary,

including medical cannabis that is furnished by the dispensary to a medical cannabis handler for

delivery to a registered qualifying patient or the patient’s caregiver. The rate of a transfer tax

established pursuant to this subsection shall be at the discretion of the municipality, except that

in no case shall the rate exceed two percent (2%) of the purchase price of the medical cannabis.

(cf: P.L.2009, c.307, s.10) § 177-16 Tax established.

There is hereby established a transfer tax in the City of Hoboken, which shall be fixed at a

uniform percentage rate of 2% on any medical cannabis dispensed by the dispensary, including

medical cannabis that is furnished by the dispensary to a medical cannabis handler for delivery to

a registered qualifying patient or the patient’s caregiver medicinal cannabis purchase tax in the

City of Hoboken, pursuant to Subsection (d) of Section 3 of P.L. 1966, c. 40, N.J.S.A. 54:32B-3

(sales tax).

§ 177-17 Applicability.

https://ecode360.com/15253244?highlight=hotel%2Ctax&searchId=11508964288073969&15253244









The medicinal cannabis transfer tax shall be in addition to any other fee imposed pursuant to

statute or local ordinance or resolution by any governmental entity upon the Medical Cannabis

Dispensary.

§ 177-19 Collection of Tax.

The tax imposed by this article shall be collected on behalf of the City by the person collecting

the payment from the dispensing and delivery of medicinal cannabis permitted by N.J.S.A.

24:6I-1 et seq. Each person required to collect the tax herein imposed shall be personally liable

for the tax imposed, collected, or required to be collected hereunder. Any such person shall

have the same right in respect to collecting the tax from a customer as if the tax were a part of

the purchase and payable at the same time; provided that the Chief Financial Officer of the

City shall be joined as a party in any action or proceeding brought to collect the tax. The tax

collected on behalf of the City shall be distributed to the Special Improvement District (SID)

in the implementation of the Cannabis Benefit District ("CBD") pursuant to City Council

Resolution 19-146 and the Medical Cannabis Dispensary Review Board shall serve as an

advisory committee for selecting which CBD priorities will be funded annually; and § 177-20

Distribution of provisions of article.

A copy of this article shall be transmitted to the State Treasurer and to each Medical Cannabis

Dispensary located within the City of Hoboken.

SECTION FOUR: Chapters 196 “Zoning" of the Code of the City of Hoboken shall be

amended as follows; additions shall be shown in underline, deletions in strikethrough.

§ 196-6 Definitions.

All other definitions shall remain the same.

MEDICAL CANNABIS DISPENSARY(IES)

An entity in possession of license from the State of New Jersey that has received land use

approval from the Planning Board of the City of Hoboken to dispense cannabis in any form

approved by the state and related supplies to qualified patients, designated caregivers, and

institutional caregivers pursuant to the requirements of who 1) possess

prescriptions/recommendations issued by a licensed physician and 2) are registered with the

State of New Jersey. P.L.2009, c.307 (C.24:6I-1 et al.). An entity in possession of license

from the State of New Jersey that has received land use approval from the Planning Board

of the City of Hoboken to dispense cannabis

§ 196-17 I-1 District; I-1(W) Subdistrict.

Only those sections shown shall be amended, all other sections shall remain the same. B.

Principal permitted uses shall be as follows:











(1) I-1 District:

(g) Medical cannabis dispensaries, subject to compliance with § 196-33.1 and

obtaining a State of New Jersey marijuana/cannabis license that permits medical

cannabis dispensing.

D. Conditional uses shall be as follows:

(1) I-1 District:

(j) Medical Cannabis Dispensaries, subject to compliance with §196-33.1.

§ 196-18 I-2 District.

Only those sections shown shall be amended, all other sections shall remain the same. B.

Principal permitted uses shall be as follows:

(6) Medical cannabis dispensaries, subject to compliance with § 196-33.1 and obtaining a

State of New Jersey marijuana/cannabis license that permits medical cannabis

dispensing.

D. Conditional uses shall be as follows:

(10) Medical cannabis dispensaries, subject to compliance with §196-33.1.

§ 196-19 Commercial districts.

Only those sections shown shall be amended, all other sections shall remain the same.

E. Uses. The Use Table below sets forth the uses that are either permitted (denoted as P), or

conditional (denoted as C) in each respective commercial district. Permitted uses may be

approved at the discretion of the Zoning Officer, provided he or she is satisfied that the

"General Guidelines and Standards for Specific Uses" identified in Subsections F and G

herein, will be met. Conditional uses, because of inherent characteristics and potential

impact on the surrounding area, shall be subject to a public hearing before the Planning

Board. Conditional uses must, at minimum, satisfy the "General Guidelines and Standards

for Specific Uses" identified herein and shall comply with any additional conditions of

approval imposed by the Planning Board, at its discretion, to protect the health, safety and

general welfare of residents, visitors, the surrounding area and the City of Hoboken. Any

use excluded from a commercial district or not listed in the Use Table shall not be permitted

except by obtaining a use variance as approved by the Board of Adjustment.

Use Table C-1 C-2 C-3

Buildings*:

Residential Buildings — C P

Commercial Buildings P C —

Hotels C — —

Mixed-Use Buildings C P P

Civic Buildings, Government Offices, Parks & Public P Facilities P P

Retail Businesses & Services*:


Animal, Boarding and Day Care C C C

Animal, Grooming P P C

Animal, Veterinary Services P P C

Banks P P C

Bakeries P P P

Beer, Wine and Liquor Stores (Type 44 ABC License) P P P

Book Stores and Libraries P P P

Business Service Centers; i.e., tech services, printing, P copy

services

P P

Catering; Commercial Kitchen P C C

Childcare Facilities P P P

Child Recreation Facilities and Services P P C

Clothing Stores P P P

Confectionery Stores P P P

Cosmetic and Beauty Supply Stores P P P

Educational Tutoring and Exam Prep P P P

Florists P P P

Food Stores: Convenience P P P

Food Stores: Supermarkets C C C

Footwear and Leather Goods Repair P P P

Furniture and Upholstery Repair C C C

Galleries and Art Dealers P P P

Gift, Novelty and Souvenir Stores P P P

Hair Salons and Barber Shops P P P

Hobby, Toy and Game Stores P P P

Home Furnishings P P P


Jewelry Stores P P P

Laundry and Dry Cleaning (drop-off only) P P P

Meat, Fish and Seafood Markets P P P

Medical Cannabis Dispensaries C - -

Music Stores; prerecorded, instruments and supplies P P P

Nail Salons P P P

Office Supply and Stationary Stores P P P

Opticians and Vision Services P P P

Other General Merchandise Stores P P P

Paint and Hardware Stores P P P

Pet Supply Stores (no live animals) P P P

Pharmacies and Drug Stores P P P

Photographic Studios P P P

Places of Worship C C C

Postal Services P P P

Prepared and Specialty Food Stores P P P

Private Schools C C C

Spas P P P


Shoe Stores P P P

Smoke Shops C C —

Sporting Goods Stores P P P

Tailoring and Alteration Shops P P P

Commercial Recreation*:

Arcades, Game and Internet Cafes C C —

Bar: Class I C C —

Bar: Class II P C C

Billiards/Pool Halls C — —

Bowling Centers C — —

Event Spaces C — —

Health Clubs; low-impact gyms, yoga studios, rehab P facilities P P

Indoor Fitness Facilities; high-impact courts (i.e., C

tennis, basketball), pools, climbing gyms, alternative

gyms (i.e., cross-fit, boxing), batting cages, mini-golf,

golf simulators, and similar

C —

Meeting and Convention Facilities C — —

Movie and Performing Arts Theaters C C C

Private/Membership Clubs — — C

Restaurant: Class I P C —

Restaurant: Class II P C C

Restaurant: Class III P P C

Restaurant: Class IV P P P

Professional Facilities*:

Artist Studio and Work spaces P P C

Clinics, Laboratories and Diagnostic Imaging Centers P P C

Medical and Dental Offices P P P

General Business and Professional Offices P P P


Shared Office Facilities P P P

Vocational and Trade Schools, Other Instructional and C

Training Facilities

C C

Other*:

Accessory uses customarily incident to a principal P permitted use

and located on the same lot

P C

NOTES:

* All uses are subject to general guidelines applicable to all uses.

P: Permitted use.

C: Conditional use, requiring compliance with design standards and Planning Board or, as

applicable, Board of Adjustment approval.

The symbol "—" in the use field indicates a use that is not allowed in that zone without

obtaining a use variance from the Board of Adjustment.


G. Standards for specific uses. The following standards for specific uses shall be applied to each

respective use, whether permitted or conditional. Standards designated as "shall" or "must"

are required to be met, and those designated with "should" or "may" are encouraged or cited

as examples but are not mandatory. Recognizing that the areas designated as commercial

are already highly developed, it is anticipated that strict compliance with every standard

may not always be practical or necessary to meet the purposes of this section. The

reviewing land use board (Board) is therefore authorized to approve deviations from the

standards set forth herein, but only to the extent that is necessary to accommodate existing

site constraints or limitations. No standard shall be waived if, in the Board's judgement, the

accommodation might result in an undue or adverse effect on adjacent properties or the

surrounding area. The reviewing Board is further authorized to attach reasonable

conditions, in addition to the standards set forth herein, to protect the health, safety and

general welfare of residents, visitors, the surrounding area and the City of Hoboken.

(1) through (27); No change.

(28) Medical Cannabis Dispensaries.

All dispensaries are subject to compliance with §196-33.1 and § 36, Article II of the

Municipal Code of the City of Hoboken and to obtaining a State of New Jersey

Marijuana/Cannabis License that permits medical cannabis dispensing.

(2829) Mixed-use buildings. Parking requirements for the specific commercial use, as

designated herein, shall be provided separately from any parking accommodations

required for the residential use under Article XI, §196-39 et seq.

[The rest of the numbered specific uses in this section shall be renumbered, but otherwise

unchanged.]

§ 196-33.1 Medical cannabis dispensaries.

A. Enabling authority. The requirements of this section are subject to the enabling authority of

the State of New Jersey and are subject to compliance with all statutes and/or regulations

adopted by the State of New Jersey or its instrumentalities. If any provision of this section is

inconsistent with the statutes and/or regulations of the State of New Jersey, the state statutes

and/or regulations shall govern.

B. General. Standards and guidelines set forth in this section shall supersede other

requirements of the zone district in which the dispensary is to be located to the extent they

are inconsistent with the requirements for medical cannabis dispensaries set forth herein.

Where bulk regulations, parking requirements, or other provisions of the Zoning Code are

not specifically stated, the underlying zoning standards and guidelines shall prevail.


BC. Required approvals. Prior to the operation of any medical cannabis dispensary or clinical

registrant in the City of Hoboken the following shall be required:, a

(1) A license for such use must be obtained from the State of New Jersey and from the City

of Hoboken.;

(2) A state and local consumption endorsement, if applicable, must be obtained pursuant to

the N.J.A.C 24-6I-21 and City of Hoboken regulations §36.

(3) Site Plan approval shall be obtained from the City of Hoboken Planning Board or

Board of Adjustment as the case may be;

(4) A first certificate of zoning compliance shall be obtained along with all necessary

building permits for build-out of the dispensary in accordance with the approved site

plan; and

(5) A final certificate of zoning compliance and certificate of occupancy must be issued.

C. Site plan approval must be obtained from the City of Hoboken Planning Board, or Board of

Adjustment as the case may be, and a certificate of zoning compliance must be issued by

the Zoning Officer. To protect the public health, safety, and general welfare, and to prevent

economic stagnation, site plan approval for a medical cannabis dispensary shall expire after

the period of vested rights as set forth in the Municipal Land Use Law (N.J.S.A. 40:55D-1

et seq.) unless extended by approval of the board of jurisdiction. The certificate of zoning

compliance issued by the Zoning Officer shall expire six months after the date of issuance if

an application for licensure has not been submitted to the City's licensing authority.

D. Compliance requirements. A medical cannabis dispensary established pursuant to this

section shall, at all times, operate in complete compliance with the terms and conditions of

its license(s) issued by the State of New Jersey, and any agreements made with the

Cannabis Review Board and/or conditions set forth in its site plan approval, and all

applicable codes and standards set forth in State Codes and the Municipal Code of the City

of Hoboken.

E. Permitted zone districts. Medical cannabis dispensaries shall be permitted, as a conditional

use, only in the C-1 commercial zone district and in the I-1 and I-2 industrial zone districts

as set forth in §§196-17 through 196-19.

F. Limit on number of dispensaries. The maximum number of Medical Cannabis Dispensaries

permitted in the City of Hoboken shall not exceed three (3).


G. Hours of operation. It shall be unlawful for any person to dispense cannabis or cannabis

products at a licensed medical cannabis dispensary within the City of Hoboken at any time

other than between the hours of 8:00 a.m. and 10:00 p.m. daily.

EH. No medical cannabis dispensary shall be allowed as a home occupation as defined in Article

II of this chapter.

FI. No medical cannabis dispensary shall be housed in a vehicle or any movable or mobile

structure.

GJ. Site plan Approval; Minimum requirements; Performance standards.

(1) General. Standards and guidelines set forth in this section shall supersede other

requirements of the zone district in which the dispensary is to be located to the extent

they are inconsistent with the requirements for medical cannabis dispensaries set forth

herein. Where bulk regulations, parking requirements, or other provisions of the

Zoning Code are not specifically stated, the underlying zoning standards and

guidelines shall prevail.

(1) Minimum requirements for consumption areas. In addition to other requirement for site

plan and conditional use approval previously established by the City, the applicant

shall include, at minimum, the following documents as evidence of compliance and

good standing in the State and with the municipality.

(a) A letter of compliance from the Commissioner of the NJ Department of Health

and/or NJ Cannabis Regulatory Commission;

(b) A letter of endorsement from the Medical Cannabis Review Board in accordance

with §36-6; and

(c) A letter from the City of Hoboken Chief of Police, or his or her designee, stating

that the department has reviewed the applicant’s safety and security protocols

included in the pending application and has found them to be satisfactory.

(2) Performance standards.

(a) Building use. A medical cannabis dispensary shall only be located on the ground

floor (i.e. street-level) of any building in which it has been approved to be located

unless the medical cannabis dispensary occupies the entire building on the

property. Any such medical cannabis dispensary shall be accessible directly from

the right-of-way through a separate entrance, independent from any other retail or

residential ingress to the building. Only a secured, one-way emergency exit from

the establishment may be integrated with common egress.


(b) Setback requirements. The medical cannabis dispensary shall comply with all

setback or distance requirements established by the State and/or municipality and

in effect at the time of application.

(c) Product display and storage. No medical cannabis products shall be visible from

a public sidewalk, public street or right-of-way, or any other public place. All

medical cannabis products shall be stored indoors and on-site.

(d) Consumption. Consumption of medical cannabis products including, smoking,

taking of edibles or by any other means of ingestion shall be not permitted on the

premises or adjacent ground of a medical cannabis dispensary unless authorized

and endorsed by local and State authorities in accordance with N.J.S.A. 24:6I-21

unless obtains Hoboken Endorsement.

(2e) Odor. A medical cannabis dispensary shall have equipment to mitigate

cannabisrelated odor. The building shall be equipped with a ventilation system

with carbon filters sufficient in type and capacity to eliminate cannabis odors

emanating from the interior of the premises. The carbon filters are required to be

replaced regularly for the best effectiveness to mitigate odor. The ventilation

system must be approved by the City of Hoboken Health Department and

Building Department and may be subject to periodic inspection.

(3f) Noise. Outside generators and other mechanical equipment used for any kind of

power supply, cooling or ventilation shall be enclosed and have appropriate

baffles, mufflers, and/or other noise reduction systems to mitigate noise pollution.

[See also Chapter 133, Noise Control.]

(4g) Security. All facilities associated with dispensing cannabis shall be secured and

shall have full-time security protocols. Security protocols shall be submitted to the

Hoboken Police Department for compliance review with all safety and security

standards established by the State of New Jersey for medical cannabis

dispensaries. The Hoboken Police Department may, at its discretion and upon

review of the proposed location, recommend or require additional safety and

security measures. At minimum, the following shall apply:

[1] A video recording security system shall be employed covering all areas of the

medical cannabis dispensary and the adjacent exterior of the building with a

24/7 recording system that records for a minimum thirty-day archive.

[2] The Hoboken Police Department and Zoning Officer shall be provided the

name and 24-hour phone number of the responsible staff person to notify

during suspicious activity or emergency.


[3] Outside areas of the premises shall be well illuminated for safety and

security, but not in a way that is counter to code requirements for outdoor

lighting and screening or obtrusive to pedestrian, drivers or other users of the

public right-of-way.

[4] The premises and right-of-way adjacent to the medical cannabis dispensary

shall be monitored by staff of the medical cannabis dispensary and kept free

of loitering, litter and other debris, and the sidewalks shall be swept and

cleaned on a regular basis.

(h) Parking. One parking space shall be provided for each five persons of occupancy

load after the first 20 persons rounded to the closest whole number. The requisite

number of spaces should be secured from a private or public parking facility not

more than five block-lengths away. Spaces may be used by staff and/or offered to

patrons through validation.

K. Penalty for violation. Any violation of the provisions of this subsection or the conditions of

the zoning permit granted, inclusive of any agreements or conditions imposed by the

cannabis review board or planning board or board of adjustment, as the case may be, shall

be punishable by a civil fine; minimum fine shall be $1,000, maximum fine shall be $2,500.

Each day that a violation is committed, exists or continues shall be deemed a separate and

distinct offense. In addition, on-going or repeat offenses may result in suspension of the

certificate of occupancy for a period to be determined by the zoning officer in consultation

with the cannabis review board. All violations will be reported to the NJ Department of

Health or designated state authority.

HL. Suspension of use. If, a duly licensedfor any reason, a location occupied by a medical

cannabis dispensary has beenbecomes inactive or unoccupied by the licenseeapproved

operator for an uninterrupted period of six months or more, and the license is suspended by

the Director of Health and Human Services pursuant to § 128-12C of the Code of the City

of Hoboken, the conditional use approval for said premises shallmay be suspended. T and

the Zoning Officer shall issue a notice of suspension to the licenseeoperator and to the

owner of the property. Any subsequent application for use or occupancy of the premises as

a medical cannabis dispensary, including reoccupation by the previous licenseeoperator,

shall be referred to the cannabis review board and the original land use board of jurisdiction

as a new application.for modification or extension of the board's approval.

I. Permitted zone district. Medical cannabis dispensaries are only permitted in commercial and

industrial zone districts as set forth in §§ 196-17 through 196-19 of the Code as use-

byreview, requiring a public hearing, in accordance with the Municipal Land Use Law and

Open Public Meetings Act, and site plan approval by the City of Hoboken Planning Board

subject to the guidelines set forth herein. Medical cannabis dispensaries are not permitted in

residential zone districts.


J. Location.

(1) One medical cannabis dispensary shall be allowed per zone district where the use is

permitted.

(2) For safety and security reasons, a medical cannabis dispensary shall only be located on

the ground floor (i.e., street level) of any building in which it has been approved to be

located. Any such medical cannabis dispensary shall be accessible directly from the

right-of-way through a separate entrance, independent from any other retail or

residential ingress to the building. Only a secured, one-way emergency exit from the

establishment may be integrated with common egress.

(3) The medical cannabis dispensary shall comply with all setback or distance

requirements established by law and in effect in the zone in which it is to be located as

of the time of the licensee's application.

K. Hours of operation. It shall be unlawful for any person to dispense cannabis or cannabis

products at a licensed medical cannabis dispensary within the City of Hoboken at any time

other than between the hours of 8:00 a.m. and 10:00 p.m. daily.


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.


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.





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: 1st Reading [Unanimous]


SECOND: Ruben Ramos


20-384

RESOLUTION OF THE CITY OF HOBOKEN REFERRING THE PROPOSED

ORDINANCE "COMPREHENSIVE MEDICAL CANNABIS ORDINANCE AMENDMENTS

ESTABLISHING A MEDICAL CANNABIS REVIEW BOARD AND A MEDICAL

CANNABIS TRANSFER TAX, ELIMINATING LICENSING PROVISIONS, AND

REVISING VARIOUS PROVISIONS OF THE HOBOKEN ZONING CODE" TO THE CITY

OF HOBOKEN PLANNING BOARD IN ACCORDANCE WITH THE MUNICIPAL LAND

USE LAW

WHEREAS, pursuant to the Municipal Land Use Law, including but not limited to N.J.S.A.

40:55D-26 and N.J.S.A. 40:55D-64, the City Council shall refer all ordinances to amend the zoning code

and related municipal regulations to the Planning Board prior to final adoption of same; and,

WHEREAS, on May 20, 2020, the City Council will consider on First Reading a

“COMPREHENSIVE MEDICAL CANNABIS ORDINANCE AMENDMENTS ESTABLISHING

A MEDICAL CANNABIS REVIEW BOARD AND A MEDICAL CANNABIS TRANSFER

TAX, ELIMINATING LICENSING PROVISIONS, AND REVISING VARIOUS PROVISIONS

OF THE HOBOKEN ZONING CODE”, which the City Council, in accordance with N.J.S.A.

40:55D-26 and N.J.S.A. 40:55D-64, wishes to refer to the Planning Board following Introduction, but

prior to the City Council’s final consideration of same.

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

1. Following its Introduction, the City Council hereby refers the proposed ordinance titled

“COMPREHENSIVE MEDICAL CANNABIS ORDINANCE AMENDMENTS ESTABLISHING


A MEDICAL CANNABIS REVIEW BOARD AND A MEDICAL CANNABIS TRANSFER

TAX, ELIMINATING LICENSING PROVISIONS, AND REVISING VARIOUS PROVISIONS

OF THE HOBOKEN ZONING CODE” which is on file at the municipal offices of the City of

Hoboken, and incorporated herein as if set forth in full, to the City of Hoboken Planning Board for

review and recommendation in accordance with N.J.S.A. 40:55D-26 and N.J.S.A. 40:55D-64.

2. The City of Hoboken Planning Board shall generate a report within thirty-five (35) days

after this referral containing its recommendation regarding the proposed ordinance.

3. City Staff and consultants are hereby authorized and directed to take all actions to

implement this Resolution as are necessary or appropriate to accomplish its goals and intent.

4. This Resolution shall take effect immediately.



SECOND: Ruben Ramos


ORDINANCE AMENDING CHAPTER 190-13 ENTITLED BUS STOPS TO MODIFY

ROUTE #126 BUS STOPS ON CLINTON STREET AND WILLOW AVENUE


regulations associated with circulation and curbside management within City borders; and,

WHEREAS, Article VII, Section 13 of Chapter 190 designates bus stop locations and associated

parking regulations; and,

WHEREAS, the City of Hoboken and New Jersey Transit have cooperatively identified

amendments to existing bus stop and parking regulations to improve operations along New Jersey

Transit’s Route 126 bus rush hour service corridor along Willow Avenue and Clinton Street; and,

WHEREAS, these amendments will allow New Jersey Transit to introduce service

enhancements to bus riders, including buses with additional capacity and shorter bus headways, and

safety and accessibility improvements at bus stops; and,


WHEREAS, promptly implementing these changes will coincide with ongoing complete streets

enhancements along Clinton Street, including new bus stop striping and signage, resulting in a

streamlined process that leads to corridor-wide improvements for all street users.



SECTION ONE: AMENDMENTS TO HOBOKEN CODE CHAPTER 190

§ 190-13. Bus stops.

The locations described are hereby designated as bus stops. No vehicle other than an omnibus picking

up or discharging passengers shall be permitted to occupy said location between the hours indicated. All

others will be towed.

C. Clinton Street, northbound, on the easterly side at:

Street/Location Hours/Days

First Street (far side), beginning at the northerly curbline

of First Street and extending 100 feet northerly

therefrom

6:00 a.m. to 10:00 a.m. and 4:00 p.m.

to 7:00 p.m. Monday to Friday

Third Street (far side), beginning at the northerly

curbline of Third Street and extending 100 feet northerly

therefrom

6:00 a.m. to 10:00 a.m. and 4:00 p.m.


Sixth Street (far side), beginning at the northerly

curbline of Sixth Street and extending 100 feet northerly

therefrom

6:00 a.m. to 10:00 a.m. Monday to

Friday

Fifth Street (far side), beginning at a point 15 feet north

of the northern curbline of Fifth Street and extending


6:00 a.m. to 10:00 a.m. and 4:00 p.m.


Seventh Street (mid-block), beginning at a point 125

feet north of the northern curbline of Seventh Street and


6:00 a.m. to 10:00 a.m. and 4:00 p.m.


Ninth Street (far side), beginning at the northerly

curbline of Ninth Street and extending 100 feet

northerly therefrom

6:00 a.m. to 10:00 a.m. and 4:00 p.m.


Eleventh Street (far side), beginning at the northerly

curbline of Eleventh Street and extending 100 feet

northerly therefrom

6:00 a.m. to 10:00 a.m. and 4:00 p.m.



I. Willow Avenue (H.C. Rd. No. 675), southbound on the westerly side at:

Street/Location Hours/Days

Thirteenth Street (far side), beginning at the southerly

curbline of Thirteenth Street and extending 100 feet

southerly therefrom

6:00 a.m. to 10:00 a.m. and 4:00 p.m. to

7:00 p.m. Monday to Friday

Eleventh Street (near side), beginning at the northerly

curbline of Eleventh Street and extending 105 feet

northerly therefrom

6:00 a.m. to 10:00 a.m. and 4:00 p.m. to


Ninth Street (far side), beginning at the southerly

curbline of Ninth Street and extending 100 feet

southerly therefrom

6:00 a.m. to 10:00 a.m. and 4:00 p.m. to


Seventh Street (far side), beginning at the southerly

curbline of Seventh Street and extending 100 feet

southerly therefrom

6:00 a.m. to 10:00 a.m. and 4:00 p.m. to


Fifth Street (far side), beginning at the southerly

curbline of Fifth Street and extending 100 feet

southerly therefrom

6:00 a.m. to 10:00 a.m. and 4:00 p.m. to


Second Street (far side), beginning at a point 15 feet

north of the southern curbline of Second Street and

extending 100 feet southerly therefrom

6:00 a.m. to 10:00 a.m. and 4:00 p.m. to


Beginning at the southerly curbline of Newark Street

and extending 70 feet southerly therefrom

6:00 a.m. to 10:00 a.m. and 4:00 p.m. to



















Code.





RESULT: Tabled

SPONSOR:

SECOND:

20-385

B-268

ORDINANCE ADDING CHAPTER 168A - STREETS AND SIDEWALKS SUPPLEMENTAL

TO THE MUNICIPAL CODE OF THE CITY OF HOBOKEN TO EXPAND OUTDOOR

CAPACITY FOR BUSINESSES

WHEREAS, small businesses and restaurants in the City of Hoboken have suffered

tremendously as a result of the COVID-19 Pandemic; and,


WHEREAS, even after the current operational restrictions are lifted by Governor

Murphy, and businesses are permitted to re-open, modified occupancy guidelines will continue to

have an impact on the viability of certain businesses; and,

WHEREAS, the City of Hoboken is looking to provide a range of alternatives that support

new and expanded outdoor dining opportunities and other outdoor amenities to help recoup lost

occupancy and still maintain safe social distancing.



SECTION ONE: Chapter 168A – Streets and Sidewalks Supplemental is hereby created and made a

part of the Municipal Code of the City of Hoboken for the stated period of time.

§168A-1. Purpose and Objective.

A. The Mayor and Council of the City of Hoboken recognizes the immense impact that the

Covid-19 shut down has had on our local economy and small businesses and wish to help

stimulate the economic recovery by adopting immediate short-term changes to certain

regulations; and

B. The Mayor and Council of the City of Hoboken further recognize that to maintain the health

and safety of the public by continuing safety protocols such as social distancing, changes

must be adopted that help local businesses remain viable.

§168A-2. Term of Applicability and Expiration of Provisions.

A. The provisions in this ordinance shall take effect immediately upon adoption of the

ordinance as provided by law.

B. This ordinance shall expire on December 31, 2020 unless extended by amending ordinance

approved by the City Council and the Mayor of the City of Hoboken.

C. The provisions of this ordinance are not intended to abrogate Chapter 168 Streets and

Sidewalks of the municipal code of the City of Hoboken or any sections or subsections

thereof. This ordinance shall supersede, from the time of adoption until the expiration


hereof, the provisions of Chapter 168 expressly noted and identified herein. Where other

provisions of Chapter 168 are not specifically superseded, the underlying standards and

guidelines of the chapter shall prevail.

§168A-3. Retail Businesses and Services.

Retail businesses and services are encouraged to use the area in front of their stores to display

merchandise and conduct business pursuant to the following provisions:

A. Projection into Sidewalk. Where sidewalks are more than 20 feet wide, retail businesses

may use up to 10 feet of sidewalk space adjacent to their storefront. Where sidewalks are

less than 20 feet wide, retail businesses may use the available space adjacent to their

storefront provided that not less than 6 feet of safe unobstructed pedestrian egress is

maintained.

B. Sidewalk displays may be set up on the sidewalk during a business’s regular hours, except

that no business or merchandise shall remain outside overnight between the hours of 11:00

p.m. and 8:00 a.m. except where expressly permitted and/or previously approved.

C. No flashing or moving lights or additional signage shall be part of the sidewalk setup.

Freestanding signs as permitted by §196-31 may be used but shall not project further into

the right-of-way than the allowed projection as provided in A above.

§168A-4. Sidewalk Cafes.

A. Application; Approval; Fees.

1. Applicants for a sidewalk café shall submit a completed application form and a copy of

their liability insurance as required by §168-53. All other documents normally required

for application or renewal of a café license are waived for the term of this ordinance.

2. Fees for the 2020 sidewalk café license period, beginning January 1, 2020 and ending

December 31, 2020 are hereby waived. Those applicants who have already obtained

their 2020 sidewalk café license will have their fees paid credited to the 2021 sidewalk

café license period.


B. Projection into Sidewalk.

1. In zones C-1 and C-2, where the sidewalk is more than 20 feet in width, an establishment

with a sidewalk café may utilize up to 14 feet of sidewalk adjacent to the storefront

provided that not less than 6 feet of safe unobstructed pedestrian egress is provided.

Where fixed obstruction of the right-of-way exist, such as bus shelters, trees, bike

racks, utility poles and streetlights, the projection of the sidewalk café shall be modified

to maintain 6 feet of pedestrian egress.

2. For all other establishments where there is less than 20 feet of width, an establishment

with a sidewalk café may utilize as much of the sidewalk as is practicable provided that

not less than 6 feet of safe unobstructed pedestrian egress is provided. Where fixed

obstruction of the right-of-way exist, such as bus shelters, trees, bike racks, utility poles

and streetlights, the projection of the sidewalk café shall be modified to maintain 6 feet

of pedestrian egress.

3. Establishments located on cross streets where 6 feet of pedestrian egress is not

achievable, the sidewalk café operator shall work with the Zoning Officer or her

designee to establish a safe projection on a case-by-case basis.

4. Where a sidewalk café is located next to another commercial establishment that is not

open during hours that the café is in operation, the sidewalk café may extend laterally

into the adjacent sidewalk area provided:

a. The operator of the sidewalk café has written consent from the adjacent business

owner and the property owner to utilize said area; a copy of the written consent

shall be provided to the City;

b. Liability insurance is provided by the sidewalk café operator indemnifying the

property owner and the City of Hoboken; and

c. All entrances and exits of the buildings remain clear of sidewalk café equipment.

5. Businesses holding liquor licenses that expand they café seating areas shall be

responsible for obtaining expansion of premises approval from the State Alcoholic

Beverage Control Board.

C. General Provision.


General provisions set forth in §168-50 shall continue to apply with the following

exceptions:

1. Partitions may be spaced differently or modified where needed to delineate the larger

permitted café area. Partitions may be supplemented with or replaced by planters,

bollards or other temporary demarcation. Where café demarcation is not fixed, it is the

café operators responsibility to make sure the pedestrian way remains clear of furniture

and other café accessories at all times.

2. Partition requirements may be waived by the Zoning Officer on a case-by-case basis.

3. Partitions, planters, tables, chairs and related sidewalk café equipment may remain on the

sidewalk overnight through September 30, 2020 provided it is broken down and

properly secured against weather conditions, high winds, vagrancy and other mischief.

From October 1, 2020 through the end of the year all equipment shall be removed

overnight.

4. Overhead covering such as awnings or umbrellas are recommended but will not be

required.

5. Bistro lights will be permitted through September 30, 2020 provided: they are at least 7

feet above sidewalk grade, the amount of lighting does not create significant light

intrusion affecting pedestrian or vehicular traffic or neighborhood residences, and all

lights are turned off when the business is closed.

D. Hours or Operations.

Hours of operation shall be between 8:00 a.m. and 11:00 p.m. Sunday through Wednesday

and between 8:00 a.m. and 12:00 a.m. Thursday through Saturday. On three-day weekends

where Monday is a Federal holiday, hours of operation for Sunday may extend to 12:00 a.m.

§168A-5. StrEATERIES.

A. Definition.


StrEATERY. A shared public space temporarily converting curbside parking space into an

area specifically intended for outdoor dining where take-away food and beverages may be

consumed. A streatery may be sponsored or co-sponsored by more than one business on the

block or by an entity supporting local businesses.

B. General Requirements; Design Standards.

1. No parking space, parking lane or other portion of the public right-of-way shall be

encumbered without prior approval by the Director of Transportation and Parking. No

streatery shall be installed without prior approval of the City Engineer in accordance

with the provisions stated herein. Use of the right-of-way along a County roadway may

require consent, approval or waiver by Hudson County Division of Planning.

2. Streateries shall be for seasonal use beginning April 15, weather permitting, and ending

October 15, of each year. The seasonal end-date may be extended by resolution of the

City council on the advice of the Director of Environmental Services, the Chief of

Police and the Office of Emergency Management.

3. Streateries shall not be located within 25 feet of a crosswalk, 10 feet of hydrants or in

handicap spaces or loading zones.

4. The area of the streatery established by the application and approved by the City of

Hoboken, shall be delineated from adjacent parking spaces and the travel lane of the

adjacent street using temporary crowd control barriers, bollards, poles, planters or other

approved means.

Examples of acceptable delineation:


5. Temporary ADA curb ramps must be provided; for streateries up to 30 linear feet one

ramp shall be required, for steateries over 30 linear feet two ramps shall be required.

6. The road surface shall be covered with synthetic turf, solid color indoor-outdoor

carpeting, or other approved street covering.

7. Easily removable tables, chairs or other seating shall be provided. Tables shall be 2-top

or 4-top only, no tables accommodating more than 4 persons shall be permitted. Tables

and chairs shall be spaced at least 6 feet apart measured from the backs of opposite

facing chairs.

8. Shade coverings such as umbrellas or pop-up canopies may be included as part of the

streatery set up provided: there is no reduction in vehicular or pedestrian visibility; no

part of the shade canopy extends into the travel lane or over the sidewalk; the shade

covering is anchored securely against wind; and all coverings are removed overnight.

Shade covering shall not contain advertising.

9. One 24 inch by 36 inch A-frame or similar movable sign shall be included for a streatery

up to 500 square feet in size. Streateries over 500 square feet shall have two signs to be

located at either end of the streatery. Signs shall be positioned on the covered surface

within the boundaries of the streatery, not on the adjacent sidewalk.

a. The sign(s) shall clearly state that the streatery is open to the public;

b. The sign(s) may identify the sponsor(s) of the streatery;

c. The sign(s) shall include guidance regarding social distancing; and

d. The sign shall state that there is a 90-minute time limit for occupants of the

streaterly.


10. Hours of operation shall be between 8:00 a.m. and 9:00 p.m. daily in residential (R)

zones, and between the hours of 8:00 a.m. and 11:00 p.m. in commercial (C) and non-

residential zones; however, daily set-up of the streatery shall follow the street-sweeping

schedule and adjust accordingly.

11. All furniture, street delineation, safety equipment and road covering shall be removed

at the end of each day by the responsible party.

12. Failure to comply with the guidelines stated herein shall be subject to a municipal fine

of up to $500 per occurrence and revocation of approval of the streatery.

13. The City reserves the right to limit the number of streateries per block based on

available space and the need to maintain publicly accessible curbside space on each

block for other uses.

C. Application; Approval; Fees.

1. An application for a streatery shall be made to the City Engineer on a form so provided

by the department and made available on the City’s website.

2. The application shall include, at minimum:

a. Designation of the responsible party by name, address, a 24-hour phone number

and email.

b. A detailed description of the proposed location; including the start and end point

of the proposed streatery related to some fixed or easily identifiable street marker;

c. The length of the proposed streatery both in feet and number of parking spaces;

d. The location of fire hydrants, handicap parking spaces, and loading zones and the

distance from each where the streatery will be located;

e. Detailed specifications for all materials to be used to delineated the streatery from

adjacent parking and the travel lane; and

f. The days of the week that the proposed streatery would operate.


g. Proof of Insurance. A certificate of liability insurance in a minimum amount of

one million ($1,000,000) dollars per occurrence and two million ($2,000,000) in

aggregate, naming the City of Hoboken and its agents, servants, and employees as

additional insured shall be provided. Policy shall be occurrence based coverage.

Policy shall remain in full force and effect during the licensing period and shall

include a 30-day cancellation clause which shall provide notice to the City

Engineer.

3. Upon receipt of an application for a streatery, the City Engineer, in cooperation with the

Director of Environmental Services, the Director of Transportation and Parking, and the

Hoboken Police Department shall review the application and proposed setup for

consistence with the design standards established herein and shall approve or deny the

application within 10 business days.

4. The application shall be accompanied by an application fee of $100. [This fee shall be

waived for the balance of calendar year 2020]

5. Upon approval, the sponsor(s) of a streatery shall remit a rental fee of $0.50 per linear

foot per day, payable on a monthly basis. Monthly fees shall be paid to the Hoboken

Parking Utility on the 1st of each month or such other date as may be determined by the

Director of Transpiration and Parking.

D. The City of Hoboken, by order of the Chief of Police or the Office of Emergency

Management, may require a steatery to be the removal or restrict the set-up of streateries for

reasons of public safety.

§168A-6. Parklets.

A. Definition.

PARKLET. A seasonal public seating platform that temporarily converts curbside parking

space into a mini-park built as an extension of the sidewalk to create more public space and

enhance the pedestrian realm. A semi-public parklet built in partnership between the City


and a specific local business for their exclusive use shall be subject to a public hearing and

approval by the Mayor and Council of the City of Hoboken.

Examples of parklets:

B. General Requirements; Design Standards.

1. No parking space, parking lane or other portion of the public right-of-way shall be

encumbered without prior approval by the Director of Transportation and Parking. No

parklet shall be constructed without the required building permits or installed without

prior approval of the City Engineer in accordance with the provisions stated herein.

Parklet construction over the right-of-way of a County roadway shall require consent,

approval or waiver by Hudson County Division of Planning.

2. Parklets shall be for seasonal use beginning April 15, weather permitting, and ending

October 15, of each year. The seasonal end-date may be extended by resolution of the

City Council on the advice of the Director of Environmental Services, the Chief of

Police and the Office of Emergency Management. Parklets must be removed in their

entirety from October 16 to April 14 to facilitate snow removal.


3. Parklets shall not be located within 25 feet of a crosswalk, 10 feet of hydrants, or in

handicap spaces or loading zones.

4. The parklet shall consist of a platform designed to be level with the top of the curb line

and the adjacent sidewalk. The platform shall be designed in such a way as to not

impede rainwater sheet-flow of curb-side drainage. The parklet platform shall also be

anchored in such a way as to prevent floatation displacement.

5. The parklet design shall include a safety barrier at the leading end of the platform facing

oncoming traffic. The safety barrier may be in the form of a built-in planter, bench,

iron bollards, or similar.

6. The three street-facing sides of the platform shall be enclosed by built-in planters,

benches, a wall or railings. Constructed elements shall be, but shall not exceed, 42

inches in height above the surface of the platform.

7. Removable or retractable umbrellas or awnings may be included as part of the parklet

design provided: there is no reduction in vehicular or pedestrian visibility; no part of

the shade canopy extends into the travel lane; the shade canopy is anchored securely

against wind; and all coverings are closed or removed overnight. Shade coverings shall

not contain advertising.

8. One permanent sign identifying the sponsor of the parklet may be installed or painted on

the parklet. Sign should not exceed 3 square feet in size unless incorporated as an

integral part of the design and approved by the review committee and zoning officer.

9. Where movable furniture is part of the parklet set up, that furniture must be able to be

stored securely within the platform design and/or removed to a safe location nightly.

10. Refuse containers for trash and recycling shall be built into the design or provided and

shall be emptied daily by the sponsor. Sponsor shall also be responsible for cleaning in

and around the parklet. The City of Hoboken shall not be responsible for cleaning or

maintenance.


11. Hours of use shall be between 8:00 a.m. and 9:00 p.m. daily in residential (R) zones,

and between the hours of 8:00 a.m. and 11:00 p.m. in commercial (C) and non-

residential zones unless otherwise stipulated in the revocable agreement authorized by

City Council.

12. Lighting, if any, incorporated into the design of the parklet shall be low voltage, low-

lumen and indirect with screening to prevent light shed onto adjacent properties and the

vehicular travel lane. Any overhead lighting shall be turned off when the parklet is not

in use. An exception may be made for security lighting at floor or bench height, such

an exception may be approved by the reviewing committee on a case by case basis.

13. Where applicable for a semi-public parklet, business sponsors holding liquor licenses

shall be responsible for obtaining expansion of premises approval from the State

Alcoholic Beverage Control Board.

14. Failure to comply with the guidelines stated herein shall be subject to a municipal fine

of up to $500 per occurrence and revocation of approval and ordered removal of the

parklet.

C. Application; Approval; Fees.

1. An application for a parklet shall be made to the City Engineer on a form so provided by

the Department and made available on the City’s website.



and email.

b. A detailed description of the proposed parklet location; including the start and end

point of the proposed parklet related to some fixed or easily identifiable street

marker;

c. The length of the proposed parklet both in feet and number of parking spaces;

d. The location of fire hydrants, handicap parking spaces, and loading zones and the

distance from each where the parklet will be located;


e. A topographical survey of the street area where the parklet is proposed including

metes and bounds for the proposed area of encroachment; and

f. Architectural drawings providing: construction details; length, width, and height

measurements; drainage accommodation for platform and street, specifications for

all materials to be used; and details for accessibility and safety measures.

Drawings shall be submitted in digital format, plus three hard-copies.

g. Proof of Insurance. A certificate of liability insurance in a minimum amount of

one million ($1,000,000) dollars per occurrence and two million ($2,000,000) in

aggregate, naming the City of Hoboken and its agents, servants, and employees as

additional insured shall be provided. Policy shall be occurrence based coverage.

Policy shall remain in full force and effect during the licensing period and shall

include a 30-day cancellation clause which shall provide notice to the City

Engineer.

3. Upon receipt of an application for a parklet, the City Engineer in cooperation and

consultation with the Director of Environmental Services, the Director of

Transportation and Parking, the Hoboken Police Department, and the Construction

Official shall review the application and proposed setup for consistence with the design

standards established herein and the Uniform Construction Code and shall, within 45

days, deny the application for non-compliance or prepare a revocable consent document

for public hearing and consideration by the City Council.

4. The City Engineer shall provide the applicant with the date of the hearing and the

applicant shall provide public notice, in writing via certified mail, to all property

owners within 200 feet of the proposed site of the parklet. Notice shall include a

statement of intended use, a rendering of the parklet design, contact information for the

applicant, and the date and time of the public hearing.

5. The application shall be accompanied by an application fee of $250 payable to City of

Hoboken. [This fee shall be waived for the balance of calendar year 2020]

6. Upon approval, the sponsor(s) of a parklet shall remit a rental fee of $0.50 per linear foot

per day, payable on a monthly basis. Monthly rental fees shall be paid to the Hoboken

Parking Utility on the 1st of each month or such other date as may be determined by the

Director of Transpiration and Parking.


D. The City of Hoboken reserves the right to require the removal or temporary relocation of

any parklet, within 14 days of written notice to the sponsor, for purposes of street repairs or

other municipal work in or around the location of the parklet. The City further reserves the

right to remove or have removed or relocated any parklet, upon order of the Chief of Police

or the Office of Emergency Management, in the case of an emergency or imminent hazard,

or for reasons of public safety.

E. Responsibility for Restoration of the Right-of-Way. Upon the expiration or termination of

the agreement between the sponsor of a parklet and the City of Hoboken, the sponsor, at

his/her own expense, shall remove the parklet platform and any accessories or

appurtenances associated with it from the public right-of-way, and shall restore the right-of-

way as nearly as practicable to a condition consistent with the public right-of-way adjacent

to the vacated area. If the property owner does not remove the aforementioned

improvements, the City may remove such improvements and make such repairs as may be

necessary to secure the property, at the sole cost and expense of the property owner, and the

cost of removal, repair and/or replacement shall be a municipal lien against the sponsor.

§168A-7. Open Streets.

A. Purpose; Intent.

1. This ordinance shall provide for expedited approval of certain sponsored public open

streets activities and special events that support and promote small businesses,

economic recovery and the local community. This section does not apply to municipal

open streets or street closures for any other purpose. All other block parties and private

events shall follow the regular Event Permitting process which can be found on the

City’s website.

2. The intent of sponsored public open streets is to help small businesses connect with local

residents and recuperate losses due to Covid-19 by expanding the area they can use to

conduct their business while still maintaining safe social distancing protocols.

B. Definitions.


OPEN STREETS, General. Programs that temporarily open streets to the public by closing

them to cars.

BUSINESS OPEN STREETS. A sponsored closure for purposes of holding an event to

support local businesses.

MUNICIPAL OPEN STREETS. Closure of public streets for use by residents of the

city for outdoor amenity, recreational and other such uses.

C. General Requirements; Guidelines.

1. Up to 3 contiguous blocks of streets may be temporarily closed to vehicular traffic for a

sponsored public open streets event. Regular parking on the event blocks shall not be

vacated unless expressly approved and facilitated by the Director of Transportation and

Parking and the Hoboken Police Department. Open street events on County roadways

may require consent, approval or waiver by the Hudson County Department of

Transportation.

2. Days and hours of operation shall be Thursday evenings from 6:00 p.m. to 11:00 p.m.

and Sundays from 9:00 a.m. to 8:00 p.m.

3. Emergency and resident egress shall be maintained during all open streets events. Egress

plans shall be submitted to and approved by the Hoboken Police Department during the

application review process.

4. Where tables and chairs are set up for outdoor dining, the tables and chairs shall be

spaced at least 6 feet apart measured from the back of opposite facing chairs.

5. Shade coverings such as umbrellas or pop-up canopies may be used during the open

streets event provided the shade covering is securely anchored against wind.

6. No liquor consumption shall be permitted during the open streets event unless a

sponsoring restaurant first obtains and event permit from the State of New Jersey

Alcoholic Beverage Control Board.


7. Sponsor shall be responsible for:

a. Reduced rate no parking signs (when applicable) and posting of notice of street

closure;

b. Rental of street closure barricades (approved by the City);

c. Police coverage; and

d. City sanitation; rental of refuse containers for trash and recycling and removal of

containers following the event, street sweeping or other cleanup as may be

required.

D. Application; Approval; Fees.

1. An application for public open streets shall be made to the City Engineer on a form so

provided by the Department and made available on the City’s website.



and email;

b. A list of all participating businesses with the name, email and phone number the

responsible party from each business;

c. A detailed description including start and end points of the proposed open street

location;

d. A list of any public safety or emergency services located by address located

within the proposed open street area, i.e. fire station, medical facilities.

3. The application shall be accompanied by an application fee of $100 payable to the City of

Hoboken. [This fee shall be waived for the balance of calendar year 2020]

4. Upon receipt of an application for open streets, the City Engineer in coordination with the

Director of Transportation and Parking, the Director of Environmental Services, and the

Hoboken Police Department shall review the application proposal and shall, within 10

business days, approve or deny the application in writing.


§168- 8. Rights; Privileges; and Immunities.

A. The City of Hoboken reserves all rights, privileges and immunities concerning its

inalienable ownership over all sidewalks, streets, public lanes, alleys or other public

grounds within the City, whether or not any projection or encumbrance has been

permitted to be erected on the same, without any waiver of such rights, privileges or

immunities, whether expressed or implied.

B. The City of Hoboken expressly reserves the right to require the removal of any or all

encroachments of the public right-of-way, and other such encumbrances upon any

sidewalk, street, public lane, alley or other public ground that present a danger to the

health, safety and welfare of the public.

C. As part of the petition process, the grantee of any revocable consent must agree to

defend, protect, indemnify and hold harmless the City of Hoboken, its’ officers, agents

and employees from and against any and all claims, causes of action, injuries, losses,

damages, expenses, fees and costs arising out of, or which may arise out of, the

grantee’s use of the public right-of-way.


















Code.







SECOND: Phil Cohen


20-386

B-269

ORDINANCE ADDING CHAPTER 68A - ALCOHOLIC BEVERAGES, TEMPORARY

PROVISIONS TO THE MUNICIPAL CODE OF THE CITY OF HOBOKEN

WHEREAS, small businesses and restaurants in the City of Hoboken have suffered

tremendously as a result of the COVID-19 Pandemic; and,

WHEREAS, even after the current operational restrictions are lifted by Governor

Murphy, and businesses are permitted to re-open, modified occupancy guidelines will continue to

have an impact on the viability of certain businesses; and,

WHEREAS, the City of Hoboken is looking to provide a range of alternatives that support

new and expanded outdoor dining opportunities and other outdoor amenities to help recoup lost

occupancy and still maintain safe social distancing.



SECTION ONE: Chapter 68A – Alcoholic Beverages, Temporary Provisions is hereby created and

made a part of the Municipal Code of the City of Hoboken for the stated period of time.

Chapter 68A Alcoholic Beverages; Temporary Provisions

§ 68A-1. Purpose and Objective.


The Mayor and Council of the City of Hoboken recognize the immense impact that the COVID-19 shut

down has had on the local economy and small businesses. The intent of the provisions herein is to ease

certain deadlines effecting businesses and employees in the hospitality industry and to help stimulate the

economic recovery while maintaining public health and safety protocols such as social distancing.

§ 68A-2. Term of Applicability and Expiration of Provisions.

A. The provisions in this ordinance shall take effect immediately upon adoption of the

ordinance as provided by law.

B. This ordinance shall expire on December 31, 2020 unless extended by amending ordinance

approved by the City Council and the Mayor of the City of Hoboken.

C. The provisions of this ordinance are not intended to abrogate Chapter 68 Alcoholic

Beverages of the municipal code of the City of Hoboken or any sections or subsections

thereof. This ordinance shall supersede, from the time of adoption until the expiration

hereof, the provisions of Chapter 68 expressly noted and identified herein. Where other

provisions of Chapter 68 are not specifically superseded, the underlying standards and

guidelines of the chapter shall prevail.

§ 68A-3. Identification of Licensees and Employees.

In accordance with §68-9.B of the municipal code of the City of Hoboken, identification cards for the

licensee, agent or other employees connected with or employed by the licensee of an establishment with

a plenary retail consumption license shall expire on June 30 of each year. For the calendar year of 2020,

the expiration of identification cards shall be extended to September 30, 2020 at which time, upon

successful application, a new identification card shall be issued by the Department of Public Safety in

accordance with the provisions set forth in Chapter 68.

§ 68A-4. Identification Cards.

Identification cards issued by the Department of Public Safety pursuant to §§68-15.G and 68-15.I of the

municipal code of the City of Hoboken that are due to expire on June 30 of this year shall, for the

calendar year of 2020, be extended to expire on September 30, 2020 at which time, upon successful

application, a new identification card shall be issued by the Department of Public Safety in accordance

with the provisions set forth in Chapter 68.

§ 68A-5. Consumption in Public.

A. Chapter 68, Alcoholic Beverages, of the municipal code of the City of Hoboken prohibits the

drinking or consumption of any alcoholic beverage on a public street, highway, avenue, alley


or road of the municipality, or upon any public grounds, parks, sidewalks, marine basins or in

any automobile, vehicle or in any other means of transportation on said public street,

highway, alley, avenue, sidewalk, park or marine basin. This provisions shall stand, except

that, for the period of calendar year 2020 beginning May 23 and ending September 30,

alcoholic beverages may be consumed in sidewalk cafes, designated parklets and streateries.

B. Service of alcoholic beverages, drinking or consumption associated with any “open streets”

event or special event is subject to, and approval of, an Event Permit in accordance with §58-

23 of the municipal code of the City of Hoboken and with of N.J.S.A. 33:1 et seq.

















Code.










ORDINANCE ADDING ARTICLE XVI : TEMPORARY USES

WHEREAS, once State restrictions are lifted, social distancing will still be in play; and,

WHEREAS, at that time, Hoboken’s local retail businesses and restaurants will need additional space to

operate; and,

WHEREAS, the City Council wishes to assist local businesses during the Covid-19 pandemic.

NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF HOBOKEN,

that ARTICE XVI: Temporary Zoning Uses is added to the Municipal Code.

BE IT FURTHER ORDAINED that this article shall expire at the end of the calendar year, unless

extended by ordinance.

ARTICLE XVI: TEMPORARY ZONING USES

196-64: INTERIM USES

1. Definitions

a. Pop Up Market - a temporary gathering of licensed retailers and food vendors,

open to the public.

2. Parameters

a. For the 2020 calendar year any retail or restaurant business with a physical

storefront and ADA accessible outdoor space, such as a parking lot or yard, shall

be granted the ability to utilize the entire outdoor space for a continuation of the

retail or restaurant use granted the princpal structure. Outdoor occupancy must


comply with relevant social distancing guidelines and hours of operation shall be

the same as cafe licenses.

b. For the 2020 calendar year any property owner with an ADA accessible outdoor

space, such as a parking lot or yard, may petition the City Council to use that

space for use by Hoboken retail and restaurant businesses as a “pop up market”.

















Code.





***REMOVED***

NEW BUSINESS

20-387


RESOLUTION IN SUPPORT OF TRI-STATE TRANSPORTATION CAMPAIGN'S GRANT

APPLICATION TO THE ROBERT WOOD JOHNSON FOUNDATION'S GLOBAL IDEAS

FOR U.S. CITIES GRANT PROGRAM

WHEREAS, the City of Hoboken is a progressive community that prides itself on inclusion and

diversity; and,

WHEREAS, the Robert Wood Johnson Foundation’s Global Ideas for U.S. Cities grant program

seeks to bring the most impactful ideas from across the globe to U.S. cities to address the intertwined

issues of health, equity, and climate change; and,

WHEREAS, the Tri-State Transportation Campaign (TSTC), which has a proven track record

spanning 27 years of advocating for equity and safety, has invited the Cities of Hoboken, Jersey City,

and Newark to participate in their Global Ideas for U.S. Cities grant application at no cost to the City;

and,

WHEREAS, recent foci in global urban planning research have identified the need to ameliorate

longstanding gender bias in urban planning, which typically manifests itself as cities’ transportation

systems and public spaces not feeling equally safe and welcoming to men as to women; and,

WHEREAS, the City of Vienna, Austria has long been recognized for their efforts to

incorporate a Gender Mainstreaming Framework into all levels of their government’s decision-making

process to ensure that residents, regardless of their gender identity, feel safe and adequately

accommodated throughout the City; and

WHEREAS, TSTC’s program idea, if awarded grant funding, will provide technical assistance

to the City of Hoboken’s Departments of Community Development and Transportation and Parking over

a 30-month period to incorporate a Gender Mainstreaming Framework into project planning and policy

development.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Hoboken, New

Jersey, supports the Tri-State Transportation Campaign’s application to the Robert Wood Johnson

Foundation’s Global Ideas for U.S. Cities grant program.






20-388


PERIOD AND AUTHORIZE THE IMMEDIATE ENACTMENT OF "ORDINANCE ADDING

CHAPTER 68A - ALCOHOLIC BEVERAGES, TEMPORARY PROVISIONS TO THE

MUNICIPAL CODE OF THE CITY OF HOBOKEN"




WHEREAS, City of Hoboken Ordinance entitled “Ordinance Adding Chapter 68A - Alcoholic

Beverages, Temporary Provisions to the Municipal Code of the City of Hoboken” (the “Ordinance”) was

passed on First Reading on May 20, 2020 and on Second Reading by an affirmative vote of the City

Council on ____________; and,

WHEREAS, the Ordinance seeks to assist with the recovery of the Hoboken economy following

the COVID-19 pandemic by creating and amending certain regulations that will assist businesses in

operating while also maintaining adhering to social distancing requirements; and,

WHEREAS, immediate enactment of the Ordinance will financially aid all Hoboken businesses

following the COVID-19 pandemic and allow residents to support the economy in a safe manner.


the City Council declares an emergency to exist as detailed above for which waiving the 20-day estoppel

period for enactment of the Ordinance is warranted and justified; and,


adoption.






20-389


PERIOD AND AUTHORIZE THE IMMEDIATE ENACTMENT OF "ORDINANCE ADDING

CHAPTER 168A - STREETS AND SIDEWALKS SUPPLEMENTAL TO THE MUNICIPAL

CODE OF THE CITY OF HOBOKEN TO EXPAND OUTDOOR CAPACITY FOR

BUSINESSES"




WHEREAS, City of Hoboken Ordinance entitled “Ordinance Adding Chapter 168A - Streets

and Sidewalks Supplemental to the Municipal Code of the City of Hoboken to Expand Outdoor Capacity

for Businesses” (the “Ordinance”) was passed on First Reading on May 20, 2020 and on Second

Reading by an affirmative vote of the City Council on ____________; and,

WHEREAS, the Ordinance seeks to assist with the recovery of the Hoboken economy following

the COVID-19 pandemic by creating certain regulations that will assist businesses in operating while

also maintaining adhering to social distancing requirements; and,

WHEREAS, immediate enactment of the Ordinance will financially aid all Hoboken businesses

following the COVID-19 pandemic and allow residents to support the economy in a safe manner.


the City Council declares an emergency to exist as detailed above for which waiving the 20-day estoppel

period for enactment of the Ordinance is warranted and justified; and,


adoption.






20-390

B-270

ORDINANCE APPROVING A LEASE TO THE HOBOKEN BUSINESS ALLIANCE, A

NON-PROFIT CORPORATION, FOR THE LEASE OF THE PIER A KIOSKS IN

ACCORDANCE WITH CERTAIN SPECIFIED TERMS

WHEREAS, N.J.S.A. 40A:12-14(c), authorizes a municipality to lease real property to a

nonprofit corporation for a public purpose; and,

WHEREAS, there are currently concession kiosks on Pier A which are not being utilized; and,

WHEREAS, due to the ongoing COVID-19 State of Emergency, many businesses in the City of

Hoboken are experiencing financial distress and will need to think of new ways to operate once

restrictions are lifted but while social distancing guidelines are still in place; and,

WHEREAS, the Hoboken Business Alliance (“HBA”) is a non-profit organization and is the

District Management Corporation (“DMC”) for the Hoboken Special Improvement District (“SID”), the

purpose of which is to promote the economic and general welfare of the SID and the City of Hoboken;

and,

WHEREAS, being that the Pier A kiosks are not currently needed for public use, the City

Council believes that it would be appropriate to lease the property to the HBA, a non-profit organization,

for a public purpose, in accordance with N.J.S.A. 40A:12-14 and 15; and,

WHEREAS, since the HBA’s purpose is to support the local economy, allowing the HBA to

lease the kiosks from the City for the remainder of the 2020 calendar year would have the dual public

benefit of providing a concession option in a public park space and supporting local businesses; and,

WHEREAS, the City Council believes that the short-term lease to the HBA will result in a

significant benefit to the Hoboken community; and,


WHEREAS, pursuant to the criteria enumerated in N.J.S.A. 40A: 12-14(c), the City Council

indicates that it will approve a lease to be incorporated by ordinance into the Hoboken City Code, to the

HBA for the Pier A kiosks, so long as same contains the following substantive terms:

1. The consideration for the lease is $1 per month payable each month.

2. The suggested public purpose served by the HBA is in accordance with N.J.S.A. 40A:12-

15(b), which specifies the following public purpose: “Any activity for the promotion of

the health, safety, morals and general welfare of the community of any nonprofit

corporation or association.” Specifically, the HBA running the Pier A kiosks would

support local businesses, provide additional outdoor concession space to facilitate social

distancing, and enhance the quality of life for residents.

3. The stated number of persons benefitting from the public purpose served by the HBA

includes but is not limited to the thousands of individuals who utilize the City of

Hoboken Pier A park.

4. The term shall be from the effective date of the Ordinance approving same, until

December 31, 2020.

5. The individual responsible for enforcement of the conditions of the lease within the City

of Hoboken should be the Director of Environmental Services.

6. The HBA shall be required to submit an annual report to the City of Hoboken Director of

Environmental Services and said report shall include the following: the use to which the

leasehold was put during each year; the activities of the lessee undertaken in furtherance

of the public purpose for which the leasehold was granted; the approximate value or cost,

if any, of such activities in furtherance of such purpose; and an affirmation of the

continued tax-exempt status of the nonprofit corporation pursuant to both State and

federal law.

7. The HBA shall be responsible for maintenance, repairs, and care of the kiosks while they

are in possession of same. Any substantial alterations or improvements shall only be

made with prior written consent of the City.

8. The HBA shall be responsible for any utility costs.

9. The HBA shall be responsible to remain in compliance with all state, local, and federal

laws.

10. The HBA shall be responsible to maintain liability insurance as required by the City.


11. The lease shall include a standard indemnification clause requiring the HBA to indemnify

and hold harmless the City of Hoboken from all claims arises out of its use of the kiosks.

12. The City of Hoboken shall have the option to terminate the lease at any time without

cause.

WHEREAS, the City Council defers to Corporation Counsel as to all other terms, such as

delivery of possession; repairs and care; assignment; removal of property; default; title and quiet

enjoyment; entire contract; notices; validity of lease; successors and assigns; governing law; and any

other terms deemed reasonable and necessary.

THE CITY COUNCIL OF THE CITY OF HOBOKEN DOES HEREBY ORDAIN AS

FOLLOWS:

Section 1: The following additions shall be made to Hoboken City Code Article I § 46 to read as

follows:

§ 46-9 (Reserved) Execution of Lease Agreement with Hoboken Business Alliance

The Mayor is hereby authorized to enter into and execute a lease agreement with the following

substantive terms:

1. The consideration for the lease is $1 per month payable each month.

2. The suggested public purpose served by the HBA is in accordance with N.J.S.A. 40A:12-

15(b), which specifies the following public purpose: “Any activity for the promotion of

the health, safety, morals and general welfare of the community of any nonprofit

corporation or association.” Specifically, the HBA running the Pier A kiosks would

support local businesses, provide additional outdoor concession space to facilitate social

distancing, and enhance the quality of life for residents.

http://www.ecode360.com/15245644#28638140


3. The stated number of persons benefitting from the public purpose served by the HBA

includes but is not limited to all individuals who utilize the City of Hoboken Pier A park.

4. The term shall be from the effective date of the Ordinance approving same, until

December 31, 2020.

5. The individual responsible for enforcement of the conditions of the lease within the City

of Hoboken should be the Director of Environmental Services.

6. The HBA shall be required to submit an annual report to the City of Hoboken Director of

Environmental Services and said report shall include the following: the use to which the

leasehold was put during each year; the activities of the lessee undertaken in furtherance

of the public purpose for which the leasehold was granted; the approximate value or cost,

if any, of such activities in furtherance of such purpose; and an affirmation of the

continued tax-exempt status of the nonprofit corporation pursuant to both State and

federal law.

7. The HBA shall be responsible for maintenance, repairs, and care of the kiosks while they

are in possession of same. Any substantial alterations or improvements shall only be

made with prior written consent of the City.

8. The HBA shall be responsible for any utility costs.

9. The HBA shall be responsible to remain in compliance with all state, local, and federal

laws.

10. The HBA shall be responsible to maintain liability insurance as required by the City.

11. The lease shall include a standard indemnification clause requiring the HBA to indemnify

and hold harmless the City of Hoboken from all claims arises out of its use of the kiosks.

12. The City of Hoboken shall have the option to terminate the lease at any time without

cause.

Same shall become part of the Hoboken Administrative Code for the term of the lease.


Section 2: 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.

Section 3: 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.

Section 4: This ordinance shall take effect as provided by law.

Section 5: All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby

repealed, but only however, to the extent of such conflict or inconsistency, it being the legislative intent

that all ordinances or part of ordinances now existing or in effect unless the same being conflict or

inconsistent with any provision of this Ordinance shall remain in effect. This Ordinance shall also

supersede any inconsistent provisions contained in any resolution or ordinance previously adopted by

the Hoboken City Council.

Section 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.

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





______________________________________

PRESIDENT OF THE COUNCIL

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CITY CLERK

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MINUTES FOR MEETING OF MAY 20, 2020