Important Update from Mayor Bhalla on NJ Transit Plans to Aquire Union Dry Dock For Ferry Maintenance Facility

From the Mayor's Office via interim communication person Juan Melli on behalf of Ravi Bhalla...

Important Update from Mayor Bhalla on NJ Transit Plans to
Aquire Union Dry Dock For Ferry Maintenance Facility

Hoboken Union Dry Dock Site

Today the NJ Transit Board of Directors was scheduled to vote on purchasing the Union Dry Dock property and leasing the property back to NY Waterway for use as a ferry maintenance and refueling facility. The meeting was abruptly cancelled due to a lack of quorum. Following the cancelled meeting, NJ Transit issued a notice for a rescheduled board meeting at 10am on Friday, January 12, 2018.

 “Today was a tremendous victory for Hoboken, and more importantly, for good government,” said Mayor Ravinder S. Bhalla. “Hitting the pause button on this rushed and ill-conceived plan provides NJ Transit the opportunity, under the leadership of the incoming Murphy Administration, to begin a deliberative and transparent planning process that considers input from all stakeholders, including the public. Any further attempts to subvert this process will be met with fierce resistance from me, and I pledge to use every resource at my disposal to protect Hoboken’s interests.

Thank you to Governor-elect Murphy, who understood the need for local voices to be heard on this matter. Thank you to Senator Menendez and Senator Booker for their advocacy. And a big thank you to Senator Stack, Assemblywoman Chaparro, Assemblyman Mukherji, the Hoboken City Council Members, and all of the advocates and residents who have been united on this issue.”

My Editorial Comment:

I have four basic points on this issue in response to this press release and here they are....

1) If it is affordable to do so Hoboken should  try to buy the property and continue the idea of completing the contiguous waterfront. Mayor Zimmer had 8 years to do so but it was never a high priority for her. Ahead of it on her priority list was HUMC, SW Park, NW Park, Washington Street and many other projects. You can't do them all as they say. On this I see eye to eye along with Tiffanie Fisher, Jen Giattino, Peter Cunningham and now new Mayor Ravi Bhalla to at least give this approach to take a shot and see if we can block NY Waterway's proposal.

2) Is the Union Dry Dock affordable with NJ Transit threatening to use eminent domain and relocation costs? It might be that the City of Hoboken can't afford the potential steep price tag. In that case I would support some sort of right of way compromise and limitation of bus parking.

3) How is a delay in a meeting only pushed back a major victory? Let us not count our chickens before they are hatched. Only the end result is what matters.

Old adage: Don't count your chickens before they are hatched.

4) 2nd Ward Councilwoman Tiffanie Fisher should have at least been mentioned by name. She has been out front on this issue and even went to Trenton last week with Ravi to advocate on behalf of Hoboken residents. Same goes for Councilwoman Jen Giattino who did not attend but has been very active in her advocacy as well. Why they were left out by name is bad form if you want to be considered a uniter.

City of Hoboken Responds to NJ DEP Permit Application for Former Union Dry Dock Site

Just two days after both Councilwomen Jen Giattino and Tiffanie Fisher sent out a communication urging residents to oppose the Union Dry Dock application to the NJ DEP application, the Zimmer Administration has followed suit and released this update:

City of Hoboken Responds to NJ DEP Permit Application for Former Union Dry Dock Site

After an evaluation by legal counsel, the City of Hoboken has provided formal written feedback to the New Jersey Department of Environmental Protection (DEP) regarding NY Waterway’s application for a provisional permit at the former Union Dry Dock site.

In a joint letter, Mayor Zimmer and Mayor-Elect Bhalla urge the DEP Commissioner to deny the application and ensure that the “entire transaction be fully evaluated in the light of day with full transparency for all interested parties. Unfortunately it appears as though the transaction has so far been conducted in a manner that appears intended to hide information from the public and from the City of Hoboken.”

The full letter from Mayor Zimmer and Mayor-Elect Bhalla along with a review of legal issues can be viewed at: www.hobokennj.gov/docs/mayor/Letter-Zimmer-Bhalla-DEP-NY-Waterway-Permit-11-28-17.pdf.

NY Waterway’s DEP permit application can be viewed at: www.hobokennj.gov/docs/NJDEP-Waterfront-Development-Permit-Application-NY-Waterway.pdf.

Editor's Note: The Zimmer Administration calls for transparency on the Union Dry Dock but did they know about this transaction before the election? It's a fair question to ask. Keep in mind for years Dawn Zimmer had the opportunity to negotiate for the purchase of the property but did not make it a priority. Now it appears to be a priority but it seems more like a face saving operation at this point for the lame duck Mayor. Share your thoughts below.

Jen Giattino and Tiffanie Fischer Advocate for Union Drock Dock Site- Urge Citizens to reach out to NJDEP

This is from 6th Ward Councilwoman Jen Giattino who teamed up with Tiffanie Fisher to send out this message to Hoboken residents. Both Tiffanie and Jen voted for the right for Mayor Zimmer to use emminient domain as a tool to potentially acquire Union Dry Dock while Mayor elect Ravi Bhalla voted present in the same vote. If you should ever question advocacy look to this vote to see who supported this vote and who was potentially conflicted out.

From 6th Ward Councilwoman Jen Giattino:

Since 2011, I have been advocating to complete waterfront public park in Hoboken with the acquisition of the Union Dry Dock property. Most recently, I co-sponsored the resolution to add UDD to Hoboken's Open Space Plan, and then supported giving the administration the ability to use eminent domain as a tool to help facilitate the acquisition of the site.

Like many of you, I was surprised and dismayed to see that NY Waterway have been negotiating for months with UDD culminating in their indication of having recently acquired the site with the intent to move their fleet operations to the site. These operations will include storage of 20 ferries, refueling and maintenance for their entire fleet of 34 ferries, and potential for maintenance for their bus fleet which will bring increased traffic and environmental risks to an area that is surrounded by residential and recreational use.

I wholly support an expansion of ferry service for Hoboken and other NJ residents. But I feel that NY Waterways operations should be located elsewhere and that there should be a public process involving stakeholders to determine this. If you agree, then please help me advocate for this by sending a letter today (via mail) to the Department of Environmental Protection and tell them this. NY Waterway (along with UDD and NJ Transit) submitted an application on 11/14 for a provisional waterfront permit that will allow them to quickly set up operations as they exit their facilities in Weehawken.

To make it easier, below is a template you can use and edit before sending. Letters should be sent no later than today (11/28) if possible. I have also attached shown below a letter that 2nd Ward Councilwoman Tiffanie Fisher and I will be jointly submitting to the DEP urging them to deny the application. The UDD site sits in the 6th ward and the residents of the 2nd ward include many that are most directly effected every day. Tiffanie has been advocating for our public waterfront for several years and when she was elected in 2015 joined me in meeting with local residents and Fund for Better waterfront to continue advocacy for UDD.

Please consider sending a letter. If you would like to send, but do not have a printer, envelope or stamp, please let me know. We will offer to bring a letter to you tonight or pick one up from you with a plan to put a bundle together and send out tomorrow. Thank you for your advocacy on this important issue. Please let me know if you have questions or would like to see the entire DEP application - it is large so will need to be sent separately.

Sample Letter to NJDEP regarding Union Dry Dock: 

November 26, 2017
New Jersey Department of Environmental Protection
Division of Land Use Regulation
P.O. Box 420, Mail Code 501-02A
501 East State Street
Trenton, N.J. 08625
Attn: Hudson County Section Chief

RE: NJDEP Waterfront Development Permit Application by Port Imperial Ferry Corp. d/b/a NY Waterway for Block 259, Lot 1; 901 Sinatra Drive, City of Hoboken, Hudson County

Dear Hudson County Section Chief:

As a resident of Hoboken and someone who enjoys Maxwell Park, the Castle Point Skate Park, the Hoboken Cove Boathouse and uses the public access adjacent to Union Dry Dock, I urge NJDEP to reject the above referenced waterfront development permit application. This request from NY Waterway in partnership with NJ Transit is disingenuous, intentionally disregarding a 2012 agreement made by NJ Transit to not pursue the Union Dry Dock property for this use case. In 2012 NJ Transit clearly stated they “look forward to continuing to work with you [Hoboken Mayor Zimmer] as we continue to advance efficient, environmentally sound transit options for your residents and all the citizens of NJ.”

This proposal is anything but environmentally sound creating new environmental risks and quality of life issues for Hoboken. For more than 25 years residents, public officials and nonprofit organizations have invested tens of millions in public and private funds to redevelop the Hoboken waterfront. The city is extremely close to completing the vision of a contiguous public park along the Hudson River’s edge. This application jeopardizes all the progress the city has made to date and is grossly incompatible with the new development taking place along Hoboken’s waterfront. The proposed use is prohibited by local zoning laws and is in violation of the State’s Coastal Zone Management (CZM) Regulations.

In consideration of this, I ask that you please:

1. Deny this irresponsible application and hold an open public process to collect information from all stakeholders and discuss additional locations for NY Waterway to house their ferry maintenance, storage and refueling facility. The ferry system is an integral part of our mass transit system. We request a thorough examination of alternate sites and transparency in the process. It is our understanding Bayonne’s industrial waterfront has actively sought NY Waterway for years and in addition there are other locations owned by NJ Transit that are more appropriate and affordable.

2. Respect the current uses of the Hoboken Waterfront in vicinity of the Union Dry Dock site. Enjoyed by both residents and visitors there is currently a popular fishing pier, a skateboard park actively used by children of all ages, kids playground and swings, large grass lawn and a boat house including a natural sand beach to allow for free activities including kayaking. It’s an understatement to say a ferry refueling, repair and storage operation for 20 -34 ferries would be environmentally unsound and could destroy the opportunity for visitors and residents to fish, kayak or enjoy the public waterfront. In addition 20-34 ferries coming and going (using tier 1 diesel engines) and storage of large amounts of fuel would be a vastly different use case than Union Dry Dock currently operates creating new environmental hazards.

3. Uphold the state’s commitment to the Hudson River Waterfront Walkway. CZM regulations (N.J.A.C 7:7 last amended Sept. 2017 – sections 9.46 Hudson River Waterfront Area and 16.9 Public Access) require public access be provided to the waterfront and the construction of the Hudson River Waterfront Walkway for the 18 mile stretch between the Bayonne and George Washington Bridges. In Hoboken, this state-mandated public walkway has been nearly completed for the entire 1.5 mile length of its waterfront. The only piece missing is the 8 acre Union Dry Dock site. Approval of this permit destroys the opportunity to complete the vision.

4. Honor the 2012 NJ Transit decision to not pursue this proposal. New Jersey Transit Executive Director James Weinstein soundly rejected NY Waterway’s 2012 proposal in writing to Hoboken Mayor Zimmer “this is to confirm that New Jersey Transit is no longer exploring the acquisition of the Union Dry Dock property nor does the agency anticipate doing so in the future.” Thank you so much for your consideration,

Name:
Address:

Jen Giattino anfd Tiffanie Fisher letter to NJDEP re: Union Dry Dock from Hoboken Resistance

City Council Update - Union Dry Dock Eminent Domain Approved

Last night at the Hoboken City Council meeting, the potential use of eminent domain to acquire the Union Dry Dock property was approved 8-0-1. The lone abstention was Councilman Ravi Bhalla who has also recently recused himself from potentially voting on the Suez contract due to his extensive legal connections.

This vote merely allows the current Administration and the Mayor elect to pursue negotiations with either NY Waterway or NJ Transit with the option to exercise eminent domain for leverage. A separate vote would be required to actually acquire the property should direct negotiations fail.

The Union Dry Dock site is the one remaining property that would complete a contiguous path along Hoboken's beautiful waterfront. Citizens and organizations like the Fund for a Better Waterfront have been advocating for its purchase for some time. The Fund for a Better Waterfront stated their opposition to actually using eminent domain in a letter dated 10/3/2017:

Fund for a Better Waterfront Letter 10/3/2017

The proposed use by NY Waterway is a bus depot and ferry repair station. A number of residents spoke out against the usage of that site in terms of traffic pollution and the obvious loss of aesthetics. It was mentioned that there are other potential sites in the area including Bayonne and Jersey City.

Editor's Comment: Eminent domain should always be a method of last resort. However, I thought in this case the City Council was reasonable in allowing the Administration the tool of eminent domain to use as leverage to keep the cost of acquisition in check based on current zoning evaluations or fair value. This leverage could save the taxpayer money should the purchase go through either way.

There are potential pitfalls to this and one of them is price of at least $11.5 million which was the price paid by NY Waterway. Additionally, it was revealed at the meeting that NJ Transit’s Eminent Domain authorities trump Hoboken’s (pun intended). This means if Hoboken is successful in acquiring the parcel, NJ Transit could then acquire it from Hoboken which is not good.