Council Meeting Wrap-Up: February 7, 2024
Good morning, Hoboken! Congratulations on making it through January!
The bad news… It’s still winter. The good news… On February 2nd Punxsutawney Phil didn’t see his shadow so spring is just around the corner. I’ve since confirmed that Hoboken Phil (aka Councilman Phil Cohen) also didn’t see his shadow that morning, so we are good to go! But we are here to learn about Council meetings, not the weather so without further ado, please enjoy my summary of our Council meeting from February 7, 2024.
Unlike previous updates, I’ll go a little out of order here as the most significant topic heard (though not debated by the Council) centered around an ordinance up for first reading. More on what that means in a bit. I’ll follow that with ordinances and resolutions that were approved, focusing on those that weren’t mostly administrative (e.g., a resolution to pay a bill). Ultimately, the work done by the time Council President Giattino gaveled us closed included: updating some redevelopment plans, tweaking our rent control ordinance, adding stop signs, confirming director positions, and extending construction hours for specific projects.
Ordinances vs. Resolutions – What’s “First Reading” Mean Anyway?
Before diving into the topic of the now famous/infamous E-Delivery ordinance which was up for first reading, a quick tutorial on what “first reading” even means. In brief, the City Council conducts business generally by passing either ordinances or resolutions. Ordinances require two readings, while resolutions require only one.
Why? Because ordinance changes are changes to local laws. For example, where stop signs go, what our speed limits are, where you can park your car, and so on. Resolutions, on the other hand, are more like statements of approval or determination. For example, approving City acceptance of grant money to fight spotted lanternflies.
With respect to ordinances, the first reading essentially announces to the public that a particular law might be enacted or changed, this invites public discourse and debate. However, passing a proposed ordinance on first reading DOES NOT make it law, it simply moves it along the legislative process. Two weeks later, that proposed ordinance may come up for second reading at a Council meeting. At that time, the specific proposal gets commented on and debated on its own by the public and council members. If passed on second reading, the last step before becoming law is the Mayor’s signature. Vetoes are an option, but I think that’s enough for today’s civics lesson.
What’s the Deal with this E-Delivery Ordinance? (read using your best Jerry Seinfeld inner voice)
Councilmen Presinzano, Ramos, and Russo proposed a change to our local laws which would institute certain registrations and wardrobe requirements for workers who “perform pick-ups or deliveries” within Hoboken. This proposal passed on first reading 7-2 with Council VP Doyle joining me in dissent. Yet, as we know from the tutorial above, the next steps are second reading and then (if passed), mayoral signature. This ordinance is NOT NOW LAW, and our sidewalks are no “safer” today than yesterday as some of my excited colleagues would have you believe.
The primary goal with this PROPOSAL is to make our community safer from riders who seemingly ignore our current laws which prohibit e-bikes and scooters on sidewalks (note – no mention of deliveries made in cars, but that’s for another day). It’s an admirable goal, which I support. I believe something needs to be done… but to quote a member of the public “the right thing needs to be done.” I just don’t think this is it.
In its current form this proposal seeks to impose the following requirements on delivery workers: registration, licensing, testing, fees ($5), and high visibility yellow bibs (as opposed to… say… low visibility khaki vests). It also imposes fines for violations ($50) and makes Parking Enforcement Officers responsible for enforcement. On its face, it seems fair enough, but I have some problems.
First, enforcement. One of the underlying motivators for this ordinance is the idea that the City isn’t doing enough to enforce our existing rules; however, in the past year, the City has issued over 200 tickets to such riders. Enforcement is happening, but as we’ve learned we can’t enforce our way out of every problem.
Additionally, I worry about whether we even have sufficient staff to enforce this ordinance. Our Parking Enforcement Officers are already stretched thin trying to enforce our parking rules (meters, double parking, temporary no parking, etc.), will they be able to take on this massive workload? Will we need to hire an army of new officers? Finally, how will they be trained? It is far different putting a ticket on a parked car, than giving a ticket to a rushed and frustrated worker who’s just trying to make ends meet.
Second, our favorite phrase… unintended consequences. I fear that if passed, this ordinance will either be met with massive non-compliance (what do we do then?) or result in a chilling effect on delivery workers in Hoboken. With respect to non-compliance – the vast majority of delivery workers are immigrants (many of whom are undocumented) who have a general fear of registering for anything. The underlying fear in that community is that if they become visible to the government they are at higher risk for deportation. So, they might just take the risk of working in Hoboken without registering (but perhaps donning a yellow bib they bought on Amazon so they won’t be immediately harassed by an officer). On the other hand, many of these workers might see working in Hoboken as too risky, and simply opt out of working here leading to a worker shortage and lost revenue for our local businesses.
Finally, I share the sentiment that this ordinance is focused on the wrong population… workers. From an efficiency and fairness perspective, I’d rather focus our efforts on those best positioned to effect change, delivery services such as Grubhub, DoorDash, and Uber Eats. The universe of delivery workers is fluid, those individuals working in Hoboken today will not necessarily be the same next week, and certainly not in a few months. However, the universe of delivery services is relatively consistent. Therefore, rather than placing registration requirements, fines, and liability on workers, we should focus our attention on delivery services. If passed, the current ordinance won’t take effect until June 2024 – rather than the City taking that time to educate and license hundreds of individuals, wouldn’t it be better to take that time to sit down with the services that employ those workers and communicate our expectations to them? Shouldn’t we work to hold them accountable for the bad practices of those in their employ?
As I noted before, this proposal passed on first reading, but it is not law. Further, I believe that some of my colleagues who voted yes on first reading won’t support it in its current form on second reading. As a Council we have a shared goal of making our sidewalks as safe as they can be. My hope is that we will take the next few weeks to come together on changes to further that goal, while being fair to workers and focusing on what policies will be most effective. I look forward to engaging in that conversation.
Second Reading Round-Up
In the spirit of going out of order – let’s discuss ordinances that were up for second reading. Spoiler alert… they all passed. Frankly, there wasn’t anything too sexy this week. A couple of redevelopment plans were updated, rent control penalties were brought in line with NJ requirements, some all-way stop signs were added to 5th and Monroe, and adjustments were made to reserved and general parking spaces for individuals with disabilities.
New Directors
Two new directors were approved on Wednesday. Kind of. Congratulations to Diana Aviles who was appointed Director of Parks, Recreation, and Public Works (DPRPW). This department came out of the former Department of Environmental Services. As Chair of the DPRPW subcommittee, I’m excited to work with Ms. Aviles on some great initiatives she’s working on… and yes, we’ll try to figure out a new acronym for the department.
Congratulations also to the new Director of Climate Action and Innovation, Jennifer Gonzalez. Ms. Gonzalez isn’t a new director but is taking on this department which is charged with ensuring resilience and sustainability factors are taken into consideration in all facets of our government. Given Hoboken’s unique vulnerability to climate change, this department is crucial to ensuring our city remains livable despite climate challenges.
Anything Else?
Just a couple more items you might find interesting/informative:
We approved allowing weekend construction to complete the work on the Stevens Little League Field. This is a pre-emptive measure in case we need it, but I’ve been told that work is on target to be completed before opening day.
First reading to repeal Chapter 196 – Youth Advisory Commission (YAC). Wait… what?!?!? This one is near and dear to me as I am currently leading the YAC for the remainder of this school year. As many may know, the ordinance creating the YAC was enacted years ago, but actual execution of the program has not been as consistent as we wish. Mostly because it is administratively burdensome to execute in its current form. Therefore, one of the projects the current YAC team (24 of our best kids) is working on is to re-write the YAC ordinance to better reflect the needs of our youth. More to come. Stay tuned!
More Fun Things
Best Line: I might be wrong, but I believe regular attendee Patricia Waiters referred to Councilman Presinzano as “Joe”. I’m not sure if this is a compliment for him, or what. I was just happy she said my name without yelling at me.
Thanks for reading Hoboken, hope to see you at our next meeting (February 21). Have a great week.
If you’d like to more on any of these items, or have questions about other issues, please email me at councilmanquintero@gmail.com. Also, if you’d like to get these messages directly, please visit joequintero.com or sign up directly here (https://joequintero.com/joe-email-list) (note: no need to sign up if you have already, direct emails will launch soon).
