2017-10-04 Hoboken City Council - Full Minutes

THE COUNCIL OF THE CITY OF HOBOKEN
MINUTES OF A MEETING OF THE COUNCIL OF THE CITY OF HOBOKEN, NEW

JERSEY, HELD IN THE COUNCIL CHAMBERS, CITY HALL, HOBOKEN, NEW JERSEY,
WEDNESDAY, OCTOBER 4, 2017 AT 7:00 PM
______________________________________________________________________
Council President opened the meeting at 7:21 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.”
Roll call: Council persons Bhalla, DeFusco, Doyle, Cunningham, Fisher, Mello,
Ramos Jr., Russo and Council President
ABSENT:
Council President comments that they will go and hear a first reading ordinance
ORDINANCES
Introduction and First Reading
17-569
---By Councilman Bhalla
ORDINANCE OF THE CITY OF HOBOKEN AUTHORIZING THE ACQUISITION BY

PURCHASE OR CONDEMNATION OF A PORTION OF THE REAL PROPERTY
LOCATED AT 901 SINATRA DRIVE, ALSO KNOWN AS BLOCK 259, LOT 1, HOBOKEN,
NEW JERSEY NOW OWNED BY UNION DRY DOCK AND REPAIR COMPANY
WHEREAS, in accordance with statutory law, including, but not limited to, N.J.S.A.
40:61-1, as well as case law, the City may, acquire, lay out, improve, embellish and
maintain, lands by gift, purchase, devise, or condemnation, any lands suitable for public
parks, squares, open spaces, playgrounds, beaches, water fronts and places for public resort
and recreation; and,
WHEREAS, in accordance with N.J.S.A. 40A:12-5(a)(1) “any municipality, by

ordinance, may provide for the acquisition of any real property, capital improvement, or
personal property: (1) by purchase, gift, devise, lease, exchange, or condemnation;” and,
WHEREAS, in accordance with N.J.S.A. 40:68-1, the City may acquire, by purchase
or condemnation, any waterfront lands necessary or advisable for the construction of
Meeting of October 4, 2017 1

waterfront improvements, including shore and hurricane protection; and,
WHEREAS, the City has identified the property located at 901 Sinatra Drive, also
known as Block 259, Lot 1 on the tax maps of the City of Hoboken, and owned by Union Dry
Dock & Repair Company (the “Property”), as to be acquired for the purposes set forth above;
and,
WHEREAS, the City Council wishes to authorize the Mayor to retain an appraiser,
environmental consultant, relocation consultant, and such other professionals as may be
necessary to determine the value of and to acquire the Property; and,
WHEREAS, subject to the availability of funds and subsequent approval of an

appraisal setting forth the fair market value of the Property, as remediated, the Council
wishes to authorize the Mayor to negotiate for the acquisition of the Property in an amount
not to exceed the appraised value for the Property, as determined by a qualified appraiser,
and if negotiated purchase cannot be effectuated, to initiate eminent domain actions to
acquire title to the Property pursuant to the Eminent Domain Act of 1971, N.J.S.A. 20:3-1
et seq. so long as all funding requirements and legal prerequisites for eminent domain are
satisfied and to thereafter prosecute such eminent domain actions to completion and to
arrange for the City to satisfy any judgments entered in such eminent domain proceedings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE

CITY OF HOBOKEN, NEW JERSEY THAT:
Section 1. The Mayor and/or her designee, are hereby authorized to retain an
appraiser, environmental consultant, relocation consultant, and such other
professionals as may be necessary to determine the value of the Property and to
proceed with the acquisition of the Property.
Section 2. The Mayor and/or her designee are hereby authorized to negotiate for
the acquisition by voluntary purchase and, if voluntary purchase cannot be
effectuated, to carry out the condemnation of 901 Sinatra Drive, Hoboken, NJ,
commonly known as Block 259, Lot 1 (the “Property”) in the amount not to exceed
the appraised value of the Property as determined by a qualified appraiser, subject
to subsequent approval by the Council of an appraisal setting forth the fair market
value of the Property, for the purposes set forth above.
Section 3. Subject to the provisions set forth above, the Mayor and/or her
designee, are hereby authorized to execute any and all agreements and other legal
documents necessary to accomplish the acquisition of the Property, including but not
limited to a written offer for the purchase of the aforementioned property, land
purchase contracts, and Verified Complaints, Declarations of Taking, and any other
necessary documents for eminent domain proceedings for the Property in accordance
with the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 et seq.
Section 4. In conjunction with said acquisition, the City hereby reserves and

shall reserve any and all rights it had or may have to recover in any subsequent or
pending action or by any administrative means, all costs of remediation and/or
clean-up of contamination and/or removal of solid waste that have been incurred or
may be incurred in the future by reason of conditions which were in existence as of
or prior to the date of vesting of title and possession of the Property in the name of
the City.
Section 5. In conjunction with said acquisition, the City hereby reserves and
shall reserve the right to seek in its sole discretion, any and all available legal,
administrative and equitable remedies to compel the record owners and/or
responsible parties to remediate and/or clean up the Property in accordance with
applicable state and federal statutory and regulatory provisions or to remove solid
waste.
Section 6. The Mayor and such other officials, consultants, agents, employees
and professionals of the City as may be necessary and appropriate are hereby
authorized and directed to take any and all actions necessary to effectuate the
purposes of this Ordinance.
Section 7. A copy of the Ordinance and any agreements authorized herein shall
be placed on file with the City Clerk’s Office.
Section 8. If any section, paragraph, subsection, clause or provision of this

Ordinance shall be adjudged by the courts to be invalid, such adjudication shall
apply only to the section, paragraph, subsection, clause or provisions so adjudicated,
and the remainder of the Ordinance shall be deemed valid and effective.
Section 9. This Ordinance shall take effect in accordance with the laws of the
State of New Jersey after final passage, approval, and publication.
Point of order by Council President if the first reading is passed to have the 2nd
reading to
be advertised on Monday, November 13, 2017
Voted to carry the 1st reading ordinance to Monday, Nov. 13, 2017 by the following
vote: YEAS: 6 – NAYS: 3 ABSENT: 0 PRESENT: ABSTAIN: 0
YEAS: Council persons Cunningham, DeFusco, Fisher, Mello, Ramos and
President Giattino
NAYS: Bhalla, Doyle, Russo
---Motion duly seconded by Councilman Doyle

---Adopted by the following vote: Yeas: 8 Nays: 1
---Yeas: Council persons Bhalla, Cunningham, DeFusco, Doyle, Fisher, Mello, Ramos, and
President Giattino
---Nays: Russo

ORDINANCES (continued)
2nd
Readings and Final Readings
Z-520
---By Councilman Russo
AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 192 OF THE CODE OF

THE CITY OF HOBOKEN ENTITLED “PARKING FOR PERSONS WITH DISABILITIES”
§192-4 “ENUMERATION OF SPACES” TO APPROVE THE ADDITION OF A
RESTRICTED HANDICAPPED PARKING SPACE (Z-520)
THE MAYOR AND COUNCIL OF THE CITY OF HOBOKEN DOES HEREBY

ORDAIN AS FOLLOWS:
Section 1: The following addition shall be made to Chapter 192 of the Code of the City of
Hoboken entitled “Parking for Persons with Disabilities” §192-4 entitled “Enumeration of
Spaces” to approve the addition of a restricted handicapped parking spaces as follows:
Ann Marie Manfredonia- 10 Church Towers (north side of Fourth Street), beginning at a
point 29 feet west of the westerly carbine of Clinton Street and extending 10 feet
westerly therefrom.
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 remain 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.

---Yeas: Council persons Bhalla, Cunningham, DeFusco, Doyle, Fisher, Mello, Ramos, Russo
and President Giattino
---Nays: None.
PUBLIC COMMENTS
The speakers who spoke: Patricia Waiters, Michael Stefano, Karen Nason, Mary
Ondrejka, Tony Soares, Elizabeth Adams [Jerry, we reopened the public portion
later in the night to lallow Elizabeth Adams and Dominick ___? To speak. Elizabeth
is mentioned here, but not Dominick]
PETITIONS AND COMMUNICATIONS
17-570
Miscellaneous Licenses
Adopted by the following vote: Yeas: 9 Nays: 0

Yeas: Council persons Bhalla, Cunningham, DeFusco, Doyle, Fisher, Mello, Ramos, Russo
Nays: None.
Received and filed
REPORTS FROM CITY OFFICERS
17-571
A memo from Mayor Dawn Zimmer re-appointing the following members to the Hoboken
Self-
Insurance Fund – Councilman Michael Russo and Linda Landolfi to expire September 28,
2018
Received and filed
17-572
CLAIMS
Total for this agenda $6,813,526.27

---Nays: None.
17-573
PAYROLL
For the two week period starting September 7, 2017 – September 20, 2017
Regular Payroll O/T Pay Other Pay

$1,735,526.95 $99,098.12 $324,069.10
Total
$2,158,694.17

Nays: None.
Received and filed
PUBLIC COMMENTS ON RESOLUTIONS
The speakers who spoke: Mary Ondrejka on A4, Patricia Waiters on CD2, Karen Nason
on A4, Tony Soares on A5 and Hany Ahmed on PS1 and CL2
Councilman DeFusco has left the table at 8:14 PM [Jerry, it says Councilman
DeFusco left at 8:14 here, then it says on page 20 that he left the dais at 9:09
but there is no mention of him returning between 8:14 and 9:09. It says on
page 26 he returned at 9:45. I recall he was gone for a long while - council
president asked if he had left for the meeting altogether, actually – so I
don’t know whether he left and came back twice or one of the departures is
wrong? ]
CONSENT AGENDA - CD2-CD3, E1, F1, TX1, CL1


Nays: None,
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.
Pulled from the agenda for discussion: A1-A6, PS1, T2, CL2
Removed by Governing Body: CD1
RESOLUTIONS
Administration
17-574
---By Councilwoman Fisher
RESOLUTION AMENDING THE PROFESSIONAL SERVICE CONTRACT WITH CDM

SMITH FOR THE WATER INFRASTRUCTURE UPGRADES PROJECT INCREASING
THE TOTAL CONTRACT AMOUNT BY $67,470.00 FOR A NEW CONTRACT AMOUNT
OF $343,603.00
WHEREAS, pursuant to Resolution No. A3 dated April 5, 2017, the City of Hoboken
awarded a contract to CDM Smith for engineering design, environmental planning, and
permitting services relative to the Water Infrastructure Upgrades project in the amount of
$276,133.00; and,
WHEREAS, in accordance with the attached correspondence from CDM Smith

dated September 25, 2017, an amendment to the contract in the increased amount of
$67,470.00 is necessary due to additional services being required that were outside of the
original scope of services; and,
WHEREAS, the Administration recommends increasing the contract with CDM

Smith in the not to exceed amount of $67,470.00 for a new total contract amount of
$343,603.00.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of

Hoboken as follows:
1) The contract with CDM Smith shall be increased by $67,470.00 for a total contract
amount of $343,603.00; 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 her 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.

---Motion duly seconded by Councilman Ramos
---Nays: None.
17-575
RESOLUTION AMENDING THE PROFESSIONAL SERVICE CONTRACT WITH

ENGENUITY INFRASTRUCTURE, LLC FOR THE 9TH STREET AND MADISON
STREET PROJECT INCREASING THE TOTAL CONTRACT AMOUNT BY $29,795.00
FOR A NEW CONTRACT AMOUNT OF $92,255.00
WHEREAS, pursuant to Resolution No. T1 dated July 5, 2017, the City of Hoboken
awarded a contract to Engenuity Infrastructure, LLC for roadway and drainage design
services for the 9th Street and Madison Street in the amount of $62,460.00; and,
WHEREAS, in accordance with the attached correspondence from Engenuity

Infrastructure, LLC dated September 25, 2017, an amendment to the contract in the
increased amount of $29,795.00 is necessary due to additional services being required that
were outside of the original scope of services; and,
WHEREAS, the Administration recommends increasing the contact with Engenuity

Infrastructure, LLC by $29,795.00, for a new total contract amount of $92,255.00.

Hoboken as follows:
1) The contract with Engenuity Infrastructure, LLC shall be increased by $29,795.00

for a total contract amount of $92,255.00; 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 her 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.

---Nays: None.
17-576

RESOLUTION AWARDING A PROFESSIONAL SERVICE CONTRACT TO THE BUZAK

LAW GROUP LLC AS SPECIAL LEGAL COUNSEL RELATED TO LAND USE AND
LAND ACQUISITION IN THE AMOUNT OF $25,000.00
WHEREAS, the City of Hoboken has a need to acquire special legal counsel to
provide legal services related to the Block 10, Lots 1-7 and 30-36 (“Block 10”) real estate
acquisition negotiation; and,
WHEREAS, the purchasing agent has determined and certified in writing that the
value of the contract will exceed $17,500.00; and,
WHEREAS, the City of Hoboken previously awarded contracts to the Buzak Law
Group, LLC for various legal services including but not limited to land use and land
acquisition; and,
WHEREAS, the Buzak Law Group has intricate knowledge of the Block 10 real
estate acquisition as it has been representing the City in all of the negotiations to date; and,
WHEREAS, in light of the above, the Administration recommends that a non-fair

and open contract be awarded to the Buzak Law Group for the Block 10 negotiation and
other matters as it is uniquely qualified to provide legal services to the City, and soliciting
bids from firms with no knowledge of the land acquisition would be impracticable; 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 for the contract for special legal counsel related to
land use and land acquisition for the Block 10 real estate negotiation and other matters,
and the Buzak Law Group be awarded the contract based upon their intricate knowledge
and experience; and,
WHEREAS, Buzak Law Group 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 Buzak Law Group 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 in an amount not to exceed
$25,000.00, for a term to expire on October 3, 2018.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Hoboken authorizes the Mayor to enter into a non-fair and open contract with Buzak Law
Group, as described herein, to provide legal services related to the land acquisition of Block
10 and other matters for a term to expire October 3, 2018, and in the amount of $25,000.00;
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 Buzak
Law Group 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 above recitals are incorporated herein as though fully set forth at length.
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 her 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.

---Nays: None.
17-577
RESOLUTION APPROVING A CHANGE ORDER TO THE CITY’S CONTRACT WITH

UNDERGROUND UTILITIES CORPORATION FOR THE WASHINGTON STREET
REDESIGN PROJECT IN THE INCREASED AMOUNT OF $180,514.62 FOR A 1.59%
INCREASE IN THE ORIGINAL CONTRACT AMOUNT
WHEREAS, pursuant to Resolution No. A4 dated October 19, 2016, the City Council
previously awarded a contract to Underground Utilities Corporation for construction
services for the Washington Street Redesign project in the amount of $17,563,235.71; and,

WHEREAS, the City Council has previously approved ten (10) change orders with
Underground Utilities in the combined amount of $99,280.82 for a new total contract
amount of $17,662,516.53; and,
WHEREAS, the City received the attached correspondences from T&M Associates
dated September 25, 2017, recommending a change order to the contract with Underground
Utilities Corporation; and,
WHEREAS, Part 1 of the change order request is for extra work which includes the
removal of underground storage tanks in the City’s Right of Way, installation of water
service from a curb box to a property that was without water service, exploratory work for a
leaking water main that was thought to be the responsibility of the contractor, and the
replacement of a block wall in an underground vault in the City’s Right of Way; and,
WHEREAS, Part 2 of the change order request is for quantity adjustments due to
variations between the plan and field conditions; and,
WHEREAS, it is recommended that the City Council approve Change Order #11 to
this contract, in the increased amount of $180,514.62; and,
WHEREAS, the new total contract amount, including previous change orders, is
$17,843,031.15, which represents a 1.02% increase from the current contract amount and a
1.59% increase from the original contract amount.

Hoboken, that Change Order #11 shall be awarded as delineated above in the increased
amount of $180,514.62; and,
2. The terms of the referenced proposal shall govern the contract, and no
changes may be made without the prior written consent of both parties.
3. Any change orders which shall become necessary hereafter shall be subject to
the City’s ability to appropriate sufficient funds, which appropriation shall be
at the sole discretion of the City Council.
4. The Council hereby authorizes the Mayor, or her 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.
---Motion duly seconded by Council President Giattino

---Nays: None.
Councilman Russo and Councilwoman Fisher have left the table at 9:04 PM

17-578
RESOLUTION OF THE CITY OF HOBOKEN, IN THE COUNTY OF HUDSON, NEW

JERSEY, DETERMINING THE FORM AND OTHER DETAILS OF ITS "NOTE
RELATING TO THE CONSTRUCTION FINANCING TRUST LOAN PROGRAM OF THE
NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST", TO BE ISSUED IN
THE PRINCIPAL AMOUNT OF UP TO $6,200,000, AND PROVIDING FOR THE
ISSUANCE AND SALE OF SUCH NOTE TO THE NEW JERSEY ENVIRONMENTAL
INFRASTRUCTURE TRUST, AND AUTHORIZING THE EXECUTION AND DELIVERY
OF SUCH NOTE BY THE CITY OF HOBOKEN IN FAVOR OF THE NEW JERSEY
ENVIRONMENTAL INFRASTRUCTURE TRUST, ALL PURSUANT TO THE NEW
JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST CONSTRUCTION
FINANCING TRUST LOAN PROGRAM
WHEREAS, the City of Hoboken has determined that there exists a need within the City
to rehabilitate and/or replace various water mains along Washington Street (collectively,
the "Project"), and it is the desire of the City to obtain financing for such Project through
participation in the financing program (the "Environmental Infrastructure Financing
Program") of the New Jersey Environmental Infrastructure Trust (the "Trust"); and,
WHEREAS, the City has determined to temporarily finance the Project prior to the
closing with respect to the Environmental Infrastructure Financing Program, and to
undertake such temporary financing with the proceeds of a short-term loan to be made by
the Trust (the "Construction Loan") to the City, pursuant to the Construction Financing
Trust Loan Program of the Trust (the "Construction Financing Program"); and,
WHEREAS, in order to (i) evidence and secure the repayment obligation of the City
to the Trust with respect to the Construction Loan and (ii) satisfy the requirements of the
Construction Financing Program, it is the desire of the City to issue and sell to the Trust
the "Note Relating to the Construction Financing Trust Loan Program of the New Jersey
Environmental Infrastructure Trust" in an aggregate principal amount of up to $6,200,000
(the "Note"); and,
WHEREAS, it is the desire of the City to authorize, execute, attest and deliver the
Note to the Trust pursuant to the terms of the Local Bond Law of the State of New Jersey,
constituting Chapter 2 of Title 40A of the Revised Statutes of the State of New Jersey (the
"Local Bond Law"), and other applicable law; and,
WHEREAS, Section 28 of the Local Bond Law allows for the sale of the Note to the
Trust without any public offering, and N.J.S.A. 58:11B-9 allows for the sale of the Note to
the Trust without any public offering, all under the terms and conditions set forth herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of

Hoboken that this resolution shall take effect immediately subject to the following:
1. In accordance with Section 28 of the Local Bond Law and N.J.S.A. 58:11B-9, the City

hereby authorizes the issuance, sale and award the Note in accordance with the
provisions hereof. The obligation represented by the Note has been appropriated
and authorized by bond ordinance Z-360 of the City, which bond ordinance is
entitled "BOND ORDINANCE AUTHORIZING THE REHABILITATION AND/OR
REPLACEMENT OF WATER MAINS, THE COMPLETION OF DRAINAGE AND
GREEN INFRASTRUCTURE IMPROVEMENTS AND THE COMPLETION OF
PHASE I OF ROADWAY AND TRAFFIC SIGNALIZATION IMPROVEMENTS AND
ENHANCEMENTS ALONG WASHINGTON STREET IN THE CITY OF HOBOKEN,
COUNTY OF HUDSON, NEW JERSEY; APPROPRIATING THE SUM OF
$9,957,030 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE CITY OF
HOBOKEN, COUNTY OF HUDSON, NEW JERSEY IN THE AGGREGATE
PRINCIPAL AMOUNT OF UP TO $9,485,000; MAKING CERTAIN
DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN
RELATED ACTIONS IN CONNECTION WITH THE FOREGOING" and was finally
adopted by the City at a meeting duly called and held on July 8, 2015, at which time
a quorum was present and acted throughout, all pursuant to the terms of the Local
Bond Law and other applicable law.
2. The Chief Financial Officer of the City (the "Chief Financial Officer") is hereby
authorized to determine, in accordance with the Local Bond Law and pursuant to
the terms and conditions hereof, (i) the final principal amount of the Note (subject to
the maximum limitation set forth in Section 4(a) hereof), and (ii) the dated date of
the Note.
3. Any determination made by the Chief Financial Officer pursuant to the terms hereof
shall be conclusively evidenced by the execution and attestation of the Note by the
parties authorized pursuant to Section 4(h) hereof.
4. The City hereby determines that certain terms of the Note shall be as follows:
(a) the principal amount of the Note to be issued shall be an amount up to

$6,200,000; and,
(b) the maturity of the Note shall be determined by the Trust; and,
(c) the interest rate of the Note shall be determined by the Trust; and,
(d) the purchase price for the Note shall be par; and,
(e) the Note shall be subject to prepayment prior to its stated maturity in
accordance with the terms and conditions of the Note; and,
(f) the Note shall be issued in a single denomination and shall be numbered
"CFP-2017-__"; and,
(g) the Note shall be issued in fully registered form and shall be payable to the
registered owner thereof as to both principal and interest in lawful money of
the United States of America; and,
(h) the Note shall be executed by the manual or facsimile signatures of the
Mayor and the Chief Financial Officer under official seal or facsimile thereof
affixed, printed, engraved or reproduced thereon and attested by the manual
signature of the City Clerk.
5. The Note shall be substantially in the form attached hereto as Exhibit A.

6. The law firm of Parker McCay P.A., Mount Laurel, New Jersey, bond counsel to the
City, is hereby authorized to arrange for the printing of the Note, which law firm
may authorize McCarter & English, LLP, bond counsel to the Trust for the
Construction Financing Program, to arrange for same.
7. The Mayor, Administrator, Chief Financial Officer and Clerk of the City
(collectively, the “Authorized Officers”) are hereby further severally authorized to (i)
execute and deliver, and the City Clerk is hereby further authorized to attest to such
execution and to affix the corporate seal of the City to, any document, instrument or
closing certificate deemed necessary, desirable or convenient by the Authorized
Officers or the Secretary of the City, as applicable, in their respective sole discretion,
after consultation with counsel and any advisors to the City and after further
consultation with the Trust and its representatives, agents, counsel and advisors, to
be executed in connection the issuance and sale of the Note and the participation of
the City in the Construction Financing Program, which determination shall be
conclusively evidenced by the execution of each such certificate or other document by
the party authorized hereunder to execute such certificate or other document, and
(ii) perform such other actions as the Authorized Officers deem necessary, desirable
or convenient in relation to the execution and delivery of the Note and the
participation of the City in the Construction Financing Program.
8. Upon the adoption hereof, the City Clerk shall forward certified copies of this
resolution to Parker McCay P.A., Mount Laurel, New Jersey, bond counsel to the
City, David Zimmer, Executive Director of the Trust, and Richard T. Nolan, Esq.,
McCarter & English, LLP, bond counsel to the Trust.

---Yeas: Council persons Bhalla, Cunningham, DeFusco, Doyle, Mello, Ramos, Russo and
President Giattino
---Nays: Fisher
Councilman Russo and Councilwoman Fisher have returned to the table at 9:04
PM
Councilman Doyle comments and would like to suspend the agenda to hear two
(2) members of the public to speak at the microphone.
Community Development
RESOLUTION AWARDING A CONTRACT TO T. R. WENIGER, INC. IN THE NOT TO

EXCEED AMOUNT OF $46,040.00 FOR THE INSTALLATION OF A TEMPORARY
BOATHOUSE (REMOVED BY COUNCIL)
17-579
---By Councilman Cunningham
RESOLUTION AUTHORIZING THE TRANSFER OF CDBG FUNDS IN THE AMOUNT

OF $57,424.60 FROM VARIOUS FUNDING PROJECTS IN CY2016 TO THE CY2017
HOBOKEN HOUSING AUTHORITY- MAMA JOHNSON FIELD IMPROVEMENTS
PROJECT
WHEREAS, Resolution 16-658 awarded $1,096,150.00 of funds received from

United States Department of Housing & Urban Development for Community Development
Block Grants to specific projects and public facilities; and,
WHEREAS, the Director of Community Development is requesting that funds from

the Hob’Art Cooperative Gallery in the amount of $9,000.00; City of Hoboken Planning &
Administration in the amount of $30,000.00; and Urban Renewal Corporation in the
amount of $18,424.60, totaling $57,424.60, be transferred to the CY2017 Hoboken Housing
Authority- Mama Johnson Field Improvements project; and,
WHEREAS, said Director may also approve the insertion of an item of

appropriation for an equal amount; and,
WHEREAS, the proposed Substantial Amendment has been approved by the United
States Department of Housing & Urban Development and advertised as required; and,
WHEREAS, the City seeks to request approval for this transfer from the Director of
Finance or Chief Financial Officer.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Hoboken,

hereby requests the Director of the Finance or Chief Financial Officer to approve the
transfer as follows:
PROGRAM IMPLEMENTING AGENCY FROM TO

YEAR
2016 Hob’Art Cooperative Gallery $9,000.00
2016 City of Hoboken Planning & Admin $30,000.00
2016 Urban Renewal Corporation $18,424.60
2017 Hoboken Housing Authority- Mama $57,424.60
Johnson Field Improvements
TOTAL $57,424.60 $57,424.60
---Motion duly seconded by Councilman Mello

---Yeas: Council persons Bhalla, Cunningham, DeFusco, Fisher, Doyle, Mello, Ramos, Russo
---Nays: None.
17-580
---By Councilman Cunningham

RESOLUTION AUTHORIZING THE TRANSFER OF CDBG FUNDS FOR CY2016 TO
REALLOCATE $146,575.40 FROM URBAN RENEWAL CORPORATION TO THE
HOBOKEN SHELTER
WHEREAS, Resolution 16-658 awarded $1,096,150.00 of funds received from

United States Department of Housing & Urban Development for Community Development
Block Grants to specific projects and public facilities; and,
WHEREAS, the Director of Community Development is requesting that

$146,575.40 of these funds be transferred from the Urban Renewal Corporation project to
the Hoboken Shelter project; and,

WHEREAS, the proposed Substantial Amendment has been approved by the United
States Department of Housing & Urban Development and advertised as required; and,
WHEREAS, the City seeks to request approval for this transfer from the Director of
Finance or Chief Financial Officer.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Hoboken,

hereby requests the Director of the Finance or Chief Financial Officer to approve the
transfer as follows:
PROGRAM YEAR PROJECT FROM TO

2016 Urban Renewal $146,575.40
Corporation
2016 Hoboken Shelter $146,575.40
TOTAL $146,575.40 $146,575.40
---Motion duly seconded by Councilman Mello

---Nays: None.
Environmental Services
17-581
---By Councilman Bhalla
RESOLUTION APPROVING A CHANGE ORDER TO THE CITY’S CONTRACT WITH

DEMETRI SARANTITIS ARCHITECTS FOR THE 9/11 MEMORIAL PROJECT IN THE
TOTAL AMOUNT OF $6.410.00 FOR A 5.22% INCREASE IN THE CONTRACT AMOUNT

WHEREAS, by way of Resolution No. 14 dated March 16, 2016, the City Council of
the City of Hoboken awarded a contract to Demetri Sarantitis Architects (“Architects”) for
architecture and engineering design services for the 9/11 memorial project in the amount of
$84,700.00; and,
WHEREAS, by way of Resolution No. A5 dated August 3, 2016, the City Council of
the City of Hoboken amended the contract with Architects for a $38,000.00 increase in the
contract amount for a total contract amount of $122,700.00; and,
WHEREAS, the City received the attached correspondence from Architects and
Larson Engineering, Inc., which requests an increase in the contract amount by $6,410.00
due to unanticipated site conditions, specifically degraded concrete and a void in the
concrete at the site location; and,
WHEREAS, the requested change order will increase the total contract amount by
5.22% for a new total contract amount of $129,110.00.

Hoboken that the attached change order request is hereby approved, increasing the
contract amount by $6,410.00, for a new total contract amount of $129,110.00; and,
2. The terms of the referenced Demetri Sarantitis Architects change order
request shall govern the change order, and no changes may be made without
the prior written consent of both parties.
3. Any further change orders which shall become necessary hereafter shall be
subject to the City’s ability to appropriate sufficient funds, which
appropriation shall be at the sole discretion of the City Council.
4. The Council hereby authorizes the Mayor, or her 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.

---Nays: None.
Finance
17-582
RESOLUTION INSERTING A SPECIAL ITEM OF REVENUE INTO THE CY 2017

MUNICIPAL BUDGET TO INCLUDE THE $999,784.00 RECEIVED FROM THE US
DEPARTMENT OF HOUSING & URBAN DEVELOPMENT

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local
Government Services may approve the insertion of any special item of revenue in the
Budget of any county or municipality when such item shall have been made available by
law and the amount thereof was not determined at the time of the adoption of the budget;
and,

WHEREAS, the City of Hoboken has received notice of an award of $999,784.00

from the US Department of Housing & Urban Development for Community Development
Block Grants and wishes to amend its CY2017 budget to include this amount as revenue.

Hoboken hereby requests that the Director of the Division of Local Government Services
approve the insertion of an item of revenue in the CY2017 budget in the amount of
$999,784.00. This is now available as revenue from:
Miscellaneous Revenues:
Special Items of General Revenue Anticipated
With Prior Written Consent of the Director of the
Division of Local Government Services:
State and Federal Revenues Off-set with
Appropriations:
CDBG
Other Expenses $999,784.00
BE IT FURTHER RESOLVED, by the City Council of the City of Hoboken that

the sum of $999,784.00 is hereby appropriated under the caption of:
General Appropriations:
(a) Operations Excluded from CAPS
State and Federal Programs Off-Set by
Revenues:
CDBG
Other Expenses $999,784.00
BE IT FURTHER RESOLVED, that the City Clerk will forward a certified copy of
this resolution electronically to the Director of Local Government Services for approval.

---Nays: None.
Public Safety
17-583
---By Councilman Mello
RESOLUTION AWARDING A CONTRACT TO AMERICAN ASPHALT & MILLING
SERVICES, LLC IN THE NOT TO EXCEED AMOUNT OF $297,031.75 FOR THE
HOBOKEN POLICE DEPARTMENT PARKING LOT IMPROVEMENTS
WHEREAS, the City of Hoboken requires the services of a contractor to work on the
reconstruction of the Hoboken Police Department parking lot located at 106 Hudson Street;
and,
WHEREAS, the services to be provided are inclusive of the replacement/installation

of curbs, sidewalks and fences along with other incidental items of work; and,
WHEREAS, the City sought bidders for said services by way of Bid No. 17-16, and
received the following responses:
COMPANY TOTAL BID PRICE

American Asphalt & Milling Services, LLC
96 Midland Avenue $297,031.75
Kearny, NJ 07032
Your Way Construction, Inc.
404 Coit Street $359,817.20
Irvington, NJ 07111
WHEREAS, the Administration recommends awarding a contract to American

Asphalt & Milling Services, LLC, the lowest responsive and responsible bidder, in the not to
exceed amount of $297,031.75 for the duration of the project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken,

that American Asphalt & Milling Services, LLC is hereby awarded a contract in the not to
exceed amount of $297,031.75 for the duration of the project as follows:
1. The award of this contract is subject to finalization of the contract terms.

2. Any change orders which shall become necessary shall be subject to the City’s ability
to appropriate sufficient funds, which appropriation shall be at the sole discretion of
the City Council.
3. The Council hereby authorizes the Mayor, or her designee, to execute any and all
4. The Mayor, or her designee, is hereby authorized to execute an agreement as
outlined herein with:
American Asphalt & Milling Services, LLC

96 Midland Avenue
Kearny, NJ 07032
---Motion duly seconded by Councilman Russo

---Adopted by the following vote: Yeas: 8 – NAYS: 0 Absent: 1

---Yeas: Council persons Bhalla, Cunningham, Doyle, Fisher, Mello, Ramos, Russo and
President Giattino
---Nays: None.
---Absent: DeFusco
Councilman DeFusco has left the meeting at 9:09 PM
Councilman Bhalla has left the table at 9:30 PM
Tax Collector
17-584
RESOLUTION AUTHORIZING THE REFUND OF TAX OVERPAYMENTS (PAYABLE

TO THE INDIVIDUALS LISTED ON THE RESOLUTION FOR THE AMOUNT OF
$11,424.77)
WHEREAS, overpayments of taxes have been made on properties listed below; and,
WHEREAS, Sharon Curran, Collector of Revenue for the City of Hoboken

recommends that the following refunds be made in accordance with N.J.S.A. 54:4-69:
NAME BL/LT/UNI PROPERTY QTR/YEA AMOUNT

T R
CitiMortgage, Inc. 91/1.02/ 812 Grand 3/16 $3,584.77
PO Box 23689 C0223 Street
Rochester, NY 14692
CitiMortgage, Inc. 91/1.02/ 812 Grand 3/16 $120.38

PO Box 23689 CP041 Street
Rochester, NY 14692
=

Rochester, NY 14692
Arsat Diktas 183/25/ 822 Garden 3/17 $755.67

12 Birchwood Court C0001 Street
Upper Saddle River, NJ 07458

Michele Goldberg 268.01/3/ 1500 Hudson 3/17 $1,633.00
1500 Hudson Street #4A C004A Street
Hoboken, NJ 07030
Susan Ingargiola 185/40/ 1008 Garden 3/17 $1,624.02

1008 Garden Street #1 C0001 Street
Hoboken, NJ 07030
JRC Hoboken Properties LLC 167/1/ 501 Willow 3/17 $3,339.49

1 Henderson Street C0COM Avenue
Hoboken, NJ 07030
JRC Hoboken Properties LLC 167/1/ 501 Willow 3/17 $122.48

1 Henderson Street C0P19 Avenue
Hoboken, NJ 07030

Hoboken, NJ 07030
NOW, THEREFORE, BE IT RESOLVED, that a warrant be drawn on the City

Treasury in the total amount of $11,424.77, made payable to the following:
NAME BL/LT/UNI PROPERTY QTR/YEA AMOUNT

T R
CitiMortgage, Inc. 91/1.02/ 812 Grand 3/16 $3,584.77
PO Box 23689 C0223 Street
Rochester, NY 14692

Rochester, NY 14692

Rochester, NY 14692
Arsat Diktas 183/25/ 822 Garden 3/17 $755.67

12 Birchwood Court C0001 Street
Upper Saddle River, NJ 07458
Michele Goldberg 268.01/3/ 1500 Hudson 3/17 $1,633.00

1500 Hudson Street #4A C004A Street
Hoboken, NJ 07030

Susan Ingargiola 185/40/ 1008 Garden 3/17 $1,624.02
1008 Garden Street #1 C0001 Street
Hoboken, NJ 07030
JRC Hoboken Properties LLC 167/1/ 501 Willow 3/17 $3,339.49

1 Henderson Street C0COM Avenue
Hoboken, NJ 07030

Hoboken, NJ 07030

Hoboken, NJ 07030

President Giattino
---Nays: None.
---Absent: DeFusco
Transportation and Parking
17-585
APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT

AGREEMENT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR
THE 2017 MUNICIPAL AID PROGRAM
WHEREAS, the New Jersey Department of Transportation (NJDOT) has

announced that it is accepting applications for its FY 2018 Municipal Aid State Aid
program (the “Program”); and,
WHEREAS, the purpose of the Program is to maintain and improve New Jersey’s
local transportation infrastructure by providing financial assistance to counties and
municipalities for traditional and non-traditional transportation initiatives; and,
WHEREAS, Municipal Aid has been a significant resource for municipalities in

funding local transportation projects; and,

WHEREAS, NJDOT has set a goal to award up to 10% of the Municipal Aid
program to fund projects such as pedestrian safety improvements, bikeways, and
streetscapes; and,
WHEREAS, the City intends to submit an application for safety, accessibility, and
drainage improvements to various streets, including Grand Street between Newark Street
and Ninth Street, Madison Street between Observer Highway and Fifth Street, Adams
Street between Newark Street and First Street and between Sixth Street and Ninth Street,
Twelfth Street between Madison Street and Willow Avenue, Third Street between
Bloomfield Street and River Street, Thirteenth Street between Madison Street and Willow
Avenue, and Seventh Street between Monroe Street and Clinton Street and between
Garden Street and Hudson Street; and,
WHEREAS, all projects funded through the Transportation Trust Fund must
comply with the Americans with Disabilities Act (ADA); and,
WHEREAS, if awarded, NJDOT requires Municipal Aid projects to be delivered to

construction award within 24 months of grant agreement execution; and,
WHEREAS, there is no City monetary match required for the acceptance of this
grant, and this authorization to execute the grant agreement is contingent on there being
no City monetary match for this grant.

Hoboken hereby approves the completion and submission of a grant application for the
above stated project; and,
BE IT FURTHER RESOLVED, that the City Council authorizes and accepts the
terms of the grant funding and authorizes the electronic submission of the grant application
identified as MA-2018-Hoboken City-00201 to the New Jersey Department of
Transportation on behalf of the City of Hoboken; and,
BE IT FURTHER RESOLVED, the City of Hoboken will assume maintenance

responsibility over all improvements completed with grant funding awarded under the FY
2018 Municipal Aid Program; and,
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to sign the

grant agreement on behalf of the City of Hoboken and her signature constitutes acceptance
of the terms and conditions of the grant agreement and approves the execution of the grant
agreement; and,
BE IT FURTHER RESOLVED, that the Mayor and Administration are authorized

to utilize any funds received from the grant agreement in accordance with the terms of the
agreement and the goals and objectives outlined above.

President Giattino

---Nays: None.
---Absent: DeFusco
17-586
RESOLUTION AWARDING A CONTRACT TO PARKMOBILE TO PROVIDE A CELL

PHONE BASED PARKING PAYMENT SYSTEM AT NO COST TO THE CITY
WHEREAS, the City of Hoboken wishes to contract with a vendor to provide for the
payment of parking fees on a cellular phone application; and,
WHEREAS, the City has previously contracted with Parkmobile USA, Inc.
(“Parkmobile”) for this service; and,
WHEREAS, N.J.S.A. 40A:11-5 permits municipalities to award public contracts

without public bidding when the vendor is an approved state contractor or part of an
approved national cooperative; and,
WHEREAS, ParkMobile has been approved as a NCPA National Cooperative

Purchasing Alliance contractor, in accordance with Contract #05-19, which cooperative the
City is a part of; and,
WHEREAS, the above described services will be provided by Parkmobile at no cost

to the City, as the fees are paid by users; and,
WHEREAS, the Administration recommends entering into a contract with

Parkmobile for the provision of providing an application for the payment of City parking
fees on cellular devices at no cost to the City for a term of two (2) years from August 3, 2017
to August 2, 2019.

Hoboken that a contract is hereby awarded to Parkmobile to provide a cellular application
that allows users to pay for City parking fees on their phones at no cost to the City; and:
1. The award of this contract is subject to finalization of the contract terms.

2. This contract and any change orders which shall become necessary shall be subject
to the City’s ability to appropriate sufficient funds, which appropriation shall be at
the sole discretion of the City Council.
3. The Council hereby authorizes the Mayor, or her designee, to execute any and all
4. The mayor, or her designee, is hereby authorized to execute an agreement as
outlined herein with:
PARKMOBILE USA INC.

3200 COBB GALLERIA PARKWAY, SUITE 100
ATLANTA, GA 30339

---Adopted by the following vote: Yeas: 7 Nays: 0 Absent: 2
---Yeas: Council persons Cunningham, Fisher, Mello, Ramos, Russo and President Giattino
---Nays: None.
---Absent: Bhalla and DeFusco
Councilman Bhalla has left the table at 9:30 PM
Council President has left the table at 9:31 PM
Clerk
17-587
---By Councilman Doyle
RESOLUTION TO ADOPT THE MINUTES OF THE MEETINGS OF THE CITY

COUNCIL DATED: REGULAR MEETING OF SEPTEMBER 19, 2017
---Motion duly seconded by Council President Giattino

---Adopted by the following vote: Yeas: 7 Nays: 0 Absent: 2
---Yeas: Council persons Cunningham, Fisher, Mello, Ramos, Russo and President Giattino
---Nays: None.
---Absent: Bhalla and DeFusco
17-588
RESOLUTION EXPRESSING THE CITY COUNCIL’S DESIRE TO SUSPEND WORK ON

THE WASHINGTON STREET REDESIGN PROJECT PENDING A SAFETY REVIEW
AND RESUMING WORK UPON SATISFACTORY FINDINGS FROM THE SAFETY
REVIEW
awarded a contract to Underground Utilities Corporation for construction services for the
Washington Street Redesign; and,
awarded a contract to T&M Associates for construction administration, inspection, and
observation services for the Washington Street Redesign; and,
WHEREAS, on Tuesday September 26, 2017, a pedestrian was walking within the
construction zone on Washington Street and was struck by a traffic signal that was knocked
over; and,

WHEREAS, the pedestrian was treated and released from the hospital, and
fortunately was not seriously injured as a result of the incident; and,
WHEREAS, the City has temporarily suspended construction until a full safety
review can be conducted and construction on the Washington Street Redesign project will
resume once the City is fully assured that the work can continue safely; and,
WHEREAS, it is the desire of the City Council of the City of Hoboken to express its
concern of the safety of pedestrians with regard to the work being done for the Washington
Street Redesign project; and,
WHEREAS, the City Council of the City of Hoboken is in agreement with

suspending the work on the Washington Street Redesign project pending a safety review;
and,
WHEREAS, the City Council of the City of Hoboken requests the Administration to
provide them with a copy of the safety review for examination, and upon satisfactory
findings allow the work to continue thereafter.
NOW, THEREFORE, BE IT RESOLVED, that it is the desire of the City Council

of the City of Hoboken that construction be halted on the Washington Street Redesign
project until a safety review is completed and that safety review be provided to the City
Council of the City of Hoboken; and,
BE IT FURTHER RESOLVED, the City Council of the City of Hoboken requests

work to continue on the Washington Street Redesign project only upon satisfactory findings
from the safety review.

---FAILED by the following vote: Yeas: 4 Nays: 4 Absent: 1
---Yeas: Council persons Doyle, Mello, Ramos, Russo
---Nays: Bhalla, Cunningham, Fisher and President Giattino
---Absent: DeFusco
Councilman Bhalla has returned to the meeting at 9:32 PM
Council President has returned to the meeting at 9:34 PM
Councilman DeFusco has returned to the meeting at 9:45 PM
ORDINANCES
Introduction and First Reading
17-589

Z-522
AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 192 OF THE CODE OF

THE CITY OF HOBOKEN ENTITLED “PARKING FOR PERSONS WITH DISABILITIES”
§192-4 “ENUMERATION OF SPACES” TO APPROVE THE ADDITION OF A
RESTRICTED HANDICAPPED PARKING SPACE
THE MAYOR AND COUNCIL OF THE CITY OF HOBOKEN DOES HEREBY

ORDAIN AS FOLLOWS:
Section 1: The following addition shall be made to Chapter 192 of the Code of the City of
Hoboken entitled “Parking for Persons with Disabilities” §192-4 entitled “Enumeration of
Spaces” to approve the addition of an extended restricted handicapped parking spaces as
follows:
Linda Cantaore (for son Joseph) - 329 Garden Street (east side of Garden Street), beginning
at a point 180 feet south of from the southerly curbline of Fourth Street and
extending 22 26 feet southerly therefrom.
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 remain 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.

---Nays: None.
NEW BUSINESS
Administration
17-590
RESOLUTION AMENDING THE PROFESSIONAL SERVICE CONTRACT WITH

DECOTIIS FITZPATRICK & COLE LLP FOR PUBLIC UTILITY COUNSEL IN THE
INCREASED AMOUNT OF $7,500.00
WHEREAS, pursuant to Resolution CC3 dated April 5, 2017, the City awarded a
contract to DeCotiis Fitzpatrick & Cole LLP (“DeCotiis”) to serve as Public Utilities Counsel
for services related to the PSE&G land swap in the amount of $15,000.00; and,
WHEREAS, additional work related to the closing is required due to unanticipated

events which have occurred and will necessitate additional negotiations with PSE&G and
additional revisions to the transfer agreement with PSE&G; and,
WHEREAS, at the direction of the Administration, the City Council is now being
asked to amend DeCotiis’ contract in the increased amount of $7,500.00.

Hoboken, that the contract with DeCotiis to act as Public Utility Counsel relative to the
PSE&G land swap is amended to increase the amount by $7,500.00, in accordance with
their attached proposal, for a total contract amount not to exceed $22,500.00; and,
2. With the exception of the above increased contract amount, the terms of the
original contract shall govern.
3. Any additional 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.
4. This agreement shall be subject to a standard non-appropriation clause in
favor of the City of Hoboken.
5. The Council hereby authorizes the Mayor, or her 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.
6. The Mayor, or her designee, is hereby authorized to execute an amended
agreement for the above referenced services.

Motion duly seconded by Councilman Ramos
Nays: None.
At 9:54 PM meeting adjourned of the Governing Body on a motion by Council

duly seconded by the Council members
Council President Giattino then adjourned the meeting at 9:54 PM
__________________________________________________________
PRESIDENT OF THE COUNCIL
________________________________________________
CITY CLERK

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THE COUNCIL OF THE CITY OF HOBOKEN

MINUTES OF A MEETING OF THE COUNCIL OF THE CITY OF HOBOKEN, NEW

ORDINANCE OF THE CITY OF HOBOKEN AUTHORIZING THE ACQUISITION BY

WHEREAS, in accordance with N.J.S.A. 40A:12-5(a)(1) “any municipality, by

Meeting of October 4, 2017 1

WHEREAS, subject to the availability of funds and subsequent approval of an

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE

Meeting of October 4, 2017 2

Section 8. If any section, paragraph, subsection, clause or provision of this

---Motion duly seconded by Councilman Doyle

Meeting of October 4, 2017 3

AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 192 OF THE CODE OF

THE MAYOR AND COUNCIL OF THE CITY OF HOBOKEN DOES HEREBY

Section 4: This ordinance shall take effect as provided by law.

Meeting of October 4, 2017 4

---Motion duly seconded by Councilman Doyle

PETITIONS AND COMMUNICATIONS

Adopted by the following vote: Yeas: 9 Nays: 0

Received and filed

REPORTS FROM CITY OFFICERS

Received and filed

Total for this agenda $6,813,526.27

Meeting of October 4, 2017 5

Regular Payroll O/T Pay Other Pay

Adopted by the following vote: Yeas: 9 Nays: 0

Received and filed

PUBLIC COMMENTS ON RESOLUTIONS

CONSENT AGENDA - CD2-CD3, E1, F1, TX1, CL1

Adopted by the following vote: Yeas: 9 Nays: 0

Meeting of October 4, 2017 6

RESOLUTION AMENDING THE PROFESSIONAL SERVICE CONTRACT WITH CDM

WHEREAS, in accordance with the attached correspondence from CDM Smith

WHEREAS, the Administration recommends increasing the contract with CDM

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

Meeting of October 4, 2017 7

RESOLUTION AMENDING THE PROFESSIONAL SERVICE CONTRACT WITH

WHEREAS, in accordance with the attached correspondence from Engenuity

WHEREAS, the Administration recommends increasing the contact with Engenuity

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

1) The contract with Engenuity Infrastructure, LLC shall be increased by $29,795.00

---Motion duly seconded by Councilman Ramos

Meeting of October 4, 2017 8

RESOLUTION AWARDING A PROFESSIONAL SERVICE CONTRACT TO THE BUZAK

WHEREAS, in light of the above, the Administration recommends that a non-fair

WHEREAS, pursuant to Hoboken City Code §20A-4(A), the municipality shall

WHEREAS, the Administration recommends that the requirements set forth in

WHEREAS, the Administration therefore recommends awarding this service as a

Meeting of October 4, 2017 9

BE IT FURTHER RESOLVED, by a majority of the City Council of the City of

BE IT FURTHER RESOLVED, that no minimum payment is implied or

BE IT FURTHER RESOLVED, that the Business Disclosure Entity Certification

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

---Motion duly seconded by Councilman Ramos

RESOLUTION APPROVING A CHANGE ORDER TO THE CITY’S CONTRACT WITH

Meeting of October 4, 2017 10

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

---Motion duly seconded by Council President Giattino