In an email to constituents, Fifth Ward Councilman Peter Cunningham has announced he will not seek reelection.

“Twelve years is a good long time to serve on City Council, and I am more than proud of my accomplishments,” said Cunningham. “I can say, from my perspective, I have made this city proud of who it was, who it is today, and who it will be into the future. With that being said and after careful thought with family and friends, I have decided to not run for re-election this year. I must now devote increased time to my professional life and more importantly, my responsibilities as a husband and a father.”

In November, residents will elect six of the nine City Council members, each representing one of the city’s six wards.

Accomplishments

Cunningham has served on the council for the past 12 years. He was first elected in 2007 in a “period of reform,” and noted the work he did to help root out corruption in the city.

He said he was most proud of his time as council president in 2009, beginning the city’s financial and economic reform

“We went from state supervision to attaining one of the top credit ratings in New Jersey,” said Cunningham. “We financed critical projects to support our infrastructure and build parks. As chair of the Revenue and Finance Committee of the council working closely with Mayor Zimmer’s appointments I selected, we built a solid, sustainable financial infrastructure.”

He said he is also proud of the difficult campaigns for new council members and the continuing re-elections of Mayor Dawn Zimmer.

“These were hard fought races which insured that reform efforts were not only temporary, but a lasting foundation for good government in Hoboken,” he said.

Several other proud moments that he touched on included the appointment of members to the city’s Zoning Board and its leadership; responsibly examine all aspects of development; saving the hospital which nearly shut down due to financial issues, and saving the community garden built at Fox Hill Gardens two years ago.

Many thanks

Cunningham said that he entrusts his legacy to Councilwomen Jen Giattino and Tiffanie Fisher.

In a press release, Fisher and Giattino, both longtime colleagues and friends of Cunningham, praised him as a strong, independent voice on the council who has advocated for efficiency, competence and transparency in city government.

“I first met Peter in 2009, when he was organizing the uptown farmers market and he was the first person to encourage me to run for city council in 2011,” said Council President Giattino. ”Peter was a true reformer, who was the mastermind behind getting the city’s finances in order. No matter the issue, Peter has always done what he believed was best for the city. It will be a great loss for Hoboken to no longer have his independent voice on the city council.”

Cunningham also joined others, including Zimmer, to encourage Fisher to run in 2015.

“Peter has been the sage, the voice of reason on all decisions we have made on the council,” said Fisher. “At the core of his decision making, and what I respect most about his leadership, is his commitment to always doing what was best for Hoboken and his 5th Ward neighbors. Peter’s judgment and independent voice have had positive impacts on our community and will be missed. I will work hard to continue his legacy of reform, good government and unconditional commitment to Hoboken. I am grateful for his continuing friendship and support and wish he and his family all the best.”

Mayor Ravi Bhalla thanked Cunningham for his 12 years of service to Hoboken.

“I appreciate the dedication he demonstrated for his constituents and the contributions he made to the reform movement,” said Bhalla. “I wish him well in his future endeavors.”

Who is next?

Phil Cohen is the only candidate, so far, to announce he is running for Cunningham’s seat. He is running on Bhalla’s slate, which was first announced in May.

Cunningham has yet to endorse anyone for the position.

“As you can see, I am not ‘anointing’ the next 5th Ward councilperson which was done by the previous mayor,” said Cunningham. “While some close friends believe I should, it would be hypocritical. I believe a strong, independent candidate will emerge, and I look forward to working hard to ensure his or her election.”

Of Cunningham’s decision not to run for reelection Cohen said, “I want to thank Peter Cunningham for his 12 years of service to the Fifth Ward as our Councilman. I wish Peter a well-deserved respite from 12 years of work for the citizens of Hoboken. I look forward to earning the support of the voters of the Fifth Ward and building on the progress and legacy of reform to which Peter was a key contributor.”

For updates on this and other stories keep checking www.hudsonreporter.com and follow us on Twitter @hudson_reporter. Marilyn Baer can be reached at Marilynb@hudsonreporter.com.

Hoboken is set to receive 1,100 first dose Pfizer vaccines to administer to residents the week of March 22, roughly double the amount received in previous weeks.

According to Councilman Phil Cohen, Hoboken received 500 first-dose vaccines per week from the state at the beginning of the vaccination process, but that decreased to about 300 first-dose Moderna vaccines per week more recently, with 500 second doses allocated to seniors.

“This new 1,100 first-dose supply will make a big impact,” he said, thanking Mayor Ravi Bhalla, Hudson County Executive Tom DeGise, and Hudson County Commissioner Anthony Romano.

According to Bhalla, Hoboken’s supply will continue to expand in April as the states receives more shipments of the Johnson & Johnson vaccine.

Two CVS pharmacies at the midtown and uptown locations received an initial set of Johnson & Johnson vaccines.

To check appointment availability, go to https://www.cvs.com/immunizations/covid-19-vaccine.
To preregister for an appointment with the city, go to http://www.hobokennj.gov/vaccinesignup.

According to the state, those eligible include public and local transportation workers, public safety workers, migrant farm workers, members of tribal communities, individuals experiencing homelessness or who live in shelters, seniors over the age of 65, medical professionals, law enforcement, teachers and day care staff, and those with chronic high-risk medical conditions.

Starting March 29, those who work in food production, agriculture and food distribution; eldercare and support; warehousing and logistics; social services support staff; election personnel; hospitality; medical supply chain; postal and shipping services; clergy; and the judicial system will be eligible.

The health department has administered more than 4,135 doses to residents, which includes 2,784 first doses and 1,351 second doses.

Riverside Medical Group is providing appointments and has administered more than 3,800 doses, which includes 3,000 first doses and 800 second doses at their Hoboken location, the majority to Hoboken residents.

Appointments can be made at the Hudson County Vaccine Distribution Center at 110 Hackensack Ave. in Kearny at https://hudsoncovidvax.org/

“The best way we can all get back to normal is to get vaccinated when it’s your turn with the first vaccine available to you,” Bhalla said.  “All three vaccines – Pfizer, Moderna and Johnson & Johnson are safe, effective and are proven to protect us. And until you’re vaccinated, the next couple months are critical in preventing variants from becoming the dominant strain and causing another surge, until vaccines are anticipated to be more widely available to the general public.”

He urged residents to continue to follow CDC guidelines: wear masks, socially distance, and avoid travel.

According to the CDC, those who have received their second doses must wait a full two weeks before they can gather indoors with other fully vaccinated people without wearing masks.

They can gather indoors with unvaccinated people from another household without masks, unless any of those people or anyone they live with has an increased risk for severe illness from COVID-19.

Those who have been vaccinated and are around someone who has tested positive for COVID-19 do not need to stay away from others or get tested unless they have symptoms.

If those who are fully vaccinated live in a group setting and are around someone who has COVID-19, then they are instructed to stay away from others for 14 days and get tested, even if they don’t have symptoms.

Testing still available

According to the latest publicly released figures from the Hoboken Health Department, 3,894 residents have been infected with COVID-19 since the pandemic’s start roughly one year ago. 46 residents have died including a woman in her early 90s, a man in his early 70s, and a woman in her early 50s, which occurred in December and February but were only recently reported to the health department.

To make an appointment for a test with one of the city’s partners, go to https://www.hobokennj.gov/testing.

Restrictions updated

Gov. Phil Murphy has updated indoor capacity restrictions, increasing occupancy to 50 percent for restaurants, cafeterias, and food courts, with or without a liquor license; bars; indoor recreation, amusement, and entertainment businesses, including casinos and gyms; and personal care services like barber shops and nail salons.

These businesses must continue to abide by current health and safety protocols, including face covering and physical distancing requirements.

The governor increased indoor gathering limits from 10 to 25 people and outdoor gathering limits from 25 to 50 people.

Outdoor interstate youth competitions are allowed, but attendees at outdoor sports competitions will be limited to players, coaches, and officials, and up to two parents or guardians per participating athlete. No additional spectators or attendees will be allowed.

“We believe we can confidently take these steps today as our COVID-19 metrics continue to trend in the right direction,” Murphy said. “However, our mask mandate and COVID-19 health and safety protocols remain in effect. I am hopeful that we’ll be able to take further steps in expanding capacity responsibly and incrementally guided by public health data.”

For updates on this and other stories check www.hudsonreporter.com and follow us on Twitter @hudson_reporter. Marilyn Baer can be reached at Marilynb@hudsonreporter.com.

Mayor Ravi Bhalla responded late last month to a public censure by the New Jersey Supreme Court of actions he took as a private employer at a law firm years ago.
Members of the Hoboken City Council discussed the matter at the June 20 council meeting. Also at the meeting, the council discussed creating a local Ethics Board after tabling an ordinance to require the mayor to make quarterly reports regarding his second job.
The council may take an initial vote on creating the ethics board as soon as the next council meeting on July 11.
On June 13, the New Jersey Supreme Court censured Bhalla after the state’s Supreme Court Disciplinary Review Board recommended censure for failing to properly fund his former employee’s retirement account in 2008 and 2009.
According to the 16-page Dec. 14, 2017 decision of the board, Attorney Alexander Bentsen worked for Bhalla in 2008 and 2009 (before Bhalla joined the City Council in July 2009). Bentsen, who had a salary of $60,000, asked Bhalla to withhold 10 percent of his gross income to be deposited in an IRA account which Bhalla would match by up to 3 percent. According to the decision, Bhalla did not make the required deposits.
This left Bentsen’s IRA underfunded by $6,208. Bhalla also did not send Bentsen’s 2008 Social Security withholding taxes, totaling an additional $4,000, until 2013 or 2014, the decision alleged.
The mayor told the disciplinary board, according to the document, that he thought the payroll company he had hired took care of the funds for Bensten’s IRA account. According to the decision, after Bhalla was interviewed by the Office of Attorney Ethics seven year later, Bhalla remedied the situation.
“Ravi Bhalla accepts, but respectfully disagrees with the ruling,” said Rob Horowitz, private spokesman for Bhalla, in an email last week. “This was an inadvertent payroll mistake, resulting in the underpayment of an employer match on an IRA retirement program more than 10 years ago when Mr. Bhalla operated his own small law firm. The employee never informed Mr. Bhalla and then waited seven years and filed an ethics complaint. As soon as Mr. Bhalla realized there was an underpayment, he immediately paid the amount due.”
According to the decision, “Bentsen made numerous requests of respondent [Bhalla] to rectify the matter…he did not return ‘the funds’ to Bentsen until 2016 and 2017, only after Bentsen had filed a grievance against him, in August 2015.”
Of this, Horowitz said, “We believe that is overstated. As soon as Bhalla realized he owed the money, he moved to pay it.”
There are five ways attorneys in New Jersey can be disciplined, including admonition, followed by reprimand, censure, suspension, and disbarment.
The board voted 4-3 to recommend censure instead of a three-month suspension of Bhalla’s law license. Three judges out of nine voted for Bhalla to receive a three-month law license suspension, four voted for the censure, and two did not participate.
The disciplinary board said that Bhalla’s actions would have warranted only a reprimand if he had not been admonished once already in 2010 for alleged record-keeping violations and for allegedly paying a client and himself from a check that had not cleared, according to the 16-page Dec. 14 decision.
“In our view, respondent’s nonchalance regarding Bentsen’s missing monies, over the course of six years, including while he was under investigation and then disciplined in another matter, justifies enhancement from a reprimand to a censure,” states the decision.
Bhalla has had brushes with state boards before. He was accused of a state ethics law violation after he voted, on the council in 2010, to award a city contract to the lawyer with whom he shared an office lease. A judge initially ruled against Bhalla, but after another ruling and counter-ruling, the appellate division ruled in Bhalla’s favor in 2016.

Transparency

Meanwhile, the majority of the council, seven of whom are not allied with Bhalla,
introduced an ordinance last month which would require the mayor to report, each quarter, his income from the job, as well as clients or contracts.
In February, the legal firm of Lavery, Selvaggi, Abromitis & Cohen, P.C. based in Morristown announced that it had hired Bhalla to an “of counsel” position. According to his contract, they will pay him $60,000 annually as well as a commission for generating new clients.
After council members were concerned about potential conflicts of interest and that the job might take time from Bhalla’s full-time, $116,000-per-year office, Bhalla responded that his sole focus was Hoboken.
A second vote on the council’s proposed ordinance was tabled at the June 20 council meeting after the city attorney informed the council that it was unenforceable.
According to a memo from the city’s Legal Department, the proposal is invalid as the ordinance “attempts to pass an ethics requirement … which may only be done if the city establishes a local municipal ethics board.”
It also notes that disclosure of clients may violate attorney client privilege.
In response to the tabled ordinance, Bhalla issued a memo to the city council stating that since joining the firm he has “been as transparent and upfront as possible.” He released his employment agreement with the firm after the council questioned it.
He noted that since submitting his answers to 26 questions the council asked him, he had not received any follow-up questions.
In the memo, he stated that as of June 1 he had generated one client to the firm, the Borough of Englewood Cliffs, a town in Bergen County. He said that he had received no commissions as of June 21.
Asked about this contract and how such referrals occur, city spokesperson Santiago Melli-Huber said Bhalla did not know the exact dollar amount of the contract between the Borough of Englewood Cliffs and the firm, but his understanding “is that it was for a few thousand dollars.”
Mellii-Huber said the referral was “routine.” He explained, “A legal colleague involved in the matter had a conflict of interest and asked Mayor Bhalla if the firm would be able to assist.”

Ethics board

As a result of the council having to table the ordinance asking for quarterly disclosure, Council President Ruben Ramos said the Hoboken City Council may seek to create a Local Ethics Board. He had directed the Law Department to have a draft prepared by the July 11 meeting.
According to state law, each municipality of the state may, by ordinance, establish a municipal ethics board that would have six members appointed by the governing body.
The board can review complaints and hold hearings regarding possible violations of the municipal code of ethics or financial disclosure requirements by officials and city employees.
It can also give opinions to local officials or employees as to whether a given set of facts and circumstances would constitute a violation of any provision of the municipal code regarding ethics or financial disclosure requirements.
According to Melli-Huber, Mayor Bhalla supports the decision of the council to create an Ethics Board “if this would further the public’s interest in more transparency and accountability from our elected officials.”

Marilyn Baer can be reached at marilynb@hudsonreporter.com.

After city officials said that last weekend’s annual St. Patrick’s-themed bar crawls were calmer than previous years, a city spokesman said the city is still not considering bringing back the St. Patrick’s Parade, although the situation may change down the line.
Three weeks ago, the city’s Alcoholic Beverage Control board settled violations with five bars in the city, settlements that meant the bars had to close for several days including this past weekend.
Before the weekend, Mayor Ravi Bhalla spoke to several news outlets about wanting to control the rowdiness from holiday-themed bar crawls.
The “LepreCon” crawls on the first Saturday of March began a few years ago. In 2012, the city’s annual St. Patrick’s Parade was cancelled after former Mayor Dawn Zimmer wanted it to move to a weekday to lessen the accompanying problems with bar crowds and house parties, but the private St. Patrick’s Parade Committee declined to move the parade, instead canceling it. As a result, entrepreneurs started on-line bar crawls the first Saturday of the month.
Police Chief Ken Ferrante said last week that this year’s first Saturday was the calmest he has seen in years, and also less costly – a roughly $97,000 cost to the city compared to $132,000 the previous year.
When asked if the city may start talks with the St. Patrick’s Parade Committee to bring back the parade, Deputy Chief of Staff for Mayor Ravi Bhalla Jason Freeman said simply, “No.”
He added, “The mayor is looking to build upon the progress of this past Saturday. However, if this positive trend continues, then all options are on the table.”
The Hoboken St. Patrick’s Parade Committee included a group of citizens of Irish heritage, and was founded by Helen Cunning. Cunning did not return a phone call last week.
Not everyone was happy with last weekend’s enforcement. Debate raged on the internet over whether the city was punishing only the “problem” bars in the city, or other businesses as well. Some businesses closed voluntarily to avoid the rowdiness or the prospect of being fined.
Other residents supported the city’s actions and appreciated the calm atmosphere in town that day.
On Twitter, a few residents alleged that a SWAT team showed up armed and intimidated guests at a house party on Washington Street before shutting it down.
Ferrante said that the situation was exaggerated and there was no SWAT team in town last weekend. He said it was shut down due to a landlord complaint of noise and overcrowding.

Fewer arrests

According to a press release from the city, arrests during LepreCon decreased by 64 percent (from 11 to four) since last year’s event, ambulance calls decreased by 18 percent (from 28 to 23), and calls for service decreased by 21 percent (from 488 to 386). City ordinance summons, however, increased from 31 to 37, including a summons for a man who jumped into the river on a dare, according to Ferrante. The police rescued him and he was transported to Hoboken University Medical Center. Jumping into the Hudson River from Hoboken has proven fatal in the past.
There were three tavern reports on Saturday, compared to 24 during SantaCon last December.
New Jersey and Hoboken ABC Inspectors reported no violations in any of the bars that were inspected, and the Hoboken Fire Department reported 100 percent compliance with code inspections.
“I am hopeful this is a sign of a downward trend in ‘con’ events,” said Ferrante. “This has been the calmest I have seen it…This past weekend there were no reported sexual assaults, there were no officers injured, and there were no civilians with fractured skulls or permanent injuries. I see it as a success from law enforcement stance.”
Bhalla said, “This year there was a clear understanding of the ground rules between my office, the Hoboken Police Department, and bar owners from across the city. I give a lot of credit to Police Chief Ferrante who took the time to speak with as many bar owners as possible to create a climate of understanding and expectation.”
Ferrante said the weather, parades in other towns, and the bar closures helped.
He said that even with five bars forced to close, “That still left 125 liquor licensed establishments open. The ones that were closed are the bars that are popular with that 21 year old demographic.”
The Black Bear Bar & Grill and Tally Ho closed that day voluntarily. On social media, the Black Bear Tweeted, “As a 30-year Hoboken Resident and business owner, I have made the decision to close Black Bear Bar & Grill and Tally Ho Saloon…my family and staff came to the conclusion that it is the best choice. We are looking forward to working closely with Mayor Bhalla, Chief Ferrante and city officials making sure hospitality establishment conduct business in close partnership with the city….”
Dave Jacey, owner of the Black Bear Bar & Grill and Tally Ho Saloon, was unavailable for additional comment last week.
Ferrante said, “I repeated over and over, the suspensions were not about the Police Department and mayor trying to shut down the bar industry.”
Jason Freeman said, “The mayor hopes that bar owners will consider the financial upside in tailoring their marketing towards the evolving and maturing demographics of Hoboken.”
“We had a total of five house parties that received summonses,” said Ferrante. “I wouldn’t call that a major increase. The last two LepreCons didn’t have any house parties, but during parade year we would see 40 to 50 house parties that would need to be summonsed.”
One local Twitter user wrote, “Literally a SWAT team just showed up to Justin’s apt for no reason.” He did not respond to a message for additional comment by press time.
According to Ferrante, the city’s Emergency Services Unit was not called to any house parties, but officers did have to shut down the party in question due to a noise and overcrowding complaint from the building’s landlord. He said the landlord approached four officers across the street, telling them that he was worried that the floor might collapse from the weight of the crowd and that he had posted signs stating no parties would be allowed.
Ferrante said the renters were issued a disorderly house summons.

Marilyn Baer can be reached at marilynb@hudsonreporter.com.

On Wednesday, Oct. 18 the City Council and public discussed the Washington Street Redesign Project and the possibility of extending construction hours. The council approved the installation of a temporary boathouse despite questions from the public about its cost, and also approved a professional service contract for a microgrid feasibility study.
Construction on Washington Street is scheduled to restart work Monday, according to Business Administrator Stephen Marks. The project was temporarily put on hold at the end of September when a woman was hit by a fallen pole in a construction zone. She reportedly suffered no major injuries.
As a result the city and the project manager requested information on the contractor’s safety protocols and an updated health and safety plan. He added that the city received the updates, including updated traffic and pedestrian safety plans, and the contractor was installing signage and temporary striping to direct vehicles and pedestrians.
Patrick Wherry, assistant business administrator, said construction will resume on already open sections, including the intersections of Second, Third, and Fourth Streets.
Council President Jen Giattino asked if the council should consider allowing extended working hours in the evenings to ensure paving can occur before mid December. Marks said that any paving needs to occur before mid December due to the temperature drop.
Police Chief Ken Ferrante said he is in favor of expanded hours as long as it wasn’t after 8 p.m. on Friday and Saturday nights due to the city’s bar scene.
Councilwoman Tiffanie Fisher said she has heard business is down “dramatically” and she feels the city needs to be thinking of ways to expedite the construction.
“What can we do for completion?” she said. “If it needs extra hours or expanding construction to three blocks at a time why isn’t that a solution put in front of us? I know it will probably cost extra, but I think we need to know what those costs are and make a decision as to if we need to incur it. We are going into the holiday season. We need to do more.”
Councilman Michael Russo said that he heard the contractor offered to pave the street up to Third Street to make the road smoother. Marks said that before construction ceased the contractor verbally indicated they would pave the road from Observer to Third Street before the end of October but due to the shut down there is a delay in schedule.
Councilman Peter Cunningham wanted to know when paving from Observer Highway to Seventh Street would be completed.
Marks said he believes Observer to Third Street could be “doable” by the end of November.
Cunningham wanted to know if the council was able to modify the plan from Seventh Street north to perhaps reduce the number of bumpouts.
Corporation counsel Brian Aloia said it could be possible but first the council would need to determine what they want changed and get a new estimate from the engineer.
Councilman Ruben Ramos asked why work wasn’t being done two blocks at a time as originally designed by the plan.
Marks said every time the ground was opened there were unforeseen circumstances such as unmapped utilities and unknown oil tanks that need to be removed. The contractor was permitted to move to the next site while the utility conflict was being addressed.
“This led to the proliferation of a lot of work sites,” said Marks.
A resolution drafted by corporation counsel at the meeting was unanimously approved by the council which would allow for the city to explore extended construction hours.

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“This whole [boathouse] thing is an exercise in ridiculousness.” – Elizabeth Adams
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Financial concerns over temporary boathouse

The council approved of a $46,040 contract with T.R. Weniger Inc, for the installation of a temporary boathouse in the Hoboken/Weehawken cove in uptown Hoboken with a 7-2 vote after members of the public spoke out against its cost.
The temporary boathouse is a shipping container fitted with racks to hold 12 kayaks, paddles and life vests. A tilted metal roof will harvest rainwater from into a 500 gallon cistern used to rinse the kayaks. The facade of the boathouse will be fitted with a board to detail the planned permanent boathouse that was approved unanimously in Sept. 2015 by the council for $4.4 million.
Resident Cheryl Fallick said, “I’m not sure we need a permanent new boathouse so I ask you to vote no. It’s a waste of money.” Resident Mary Ondrejka said, “I feel the city isn’t prioritizing things very well. We have a serious situation with Washington Street. If anything that $46,000 could help fill up some of those dangerous potholes.”
Resident Elizabeth Adams said, “In early August,(2015) that time of the year when a lot of folks are away on vacation, you very sleekly decided, without batting an eyelash, to award a contract for $4 million boathouse. Now you’re voting on $46,000 for a temporary boathouse? This whole thing is an exercise in ridiculousness.”
She added that she believes the boathouse will serve a small portion of the population and only be usable a few months out of the year.
“It just amazing to me that this kind of stuff goes on and is just swept under the rug and you people hope no one will notice,” she added.
Resident Hany Ahmed said that the “agendas are very light to say the least,” in respect to this being the biggest issue on the agenda and noted that it is because the municipal election is only a few weeks away in which several members of the council are running.
Councilmen Ruben Ramos and Michael Russo voted against the contract approval.

Microgrid study

The city council unanimously approved a resolution for $157,000 for a microgrid feasibility study.
The funding is provided by the New Jersey Board of Public Utilities.
The study will determine the feasibility of a town center-distributed, energy resource microgird, powered by onsite distributed generation that will provide electric, heat, and cooling to critical facilities.
These smaller grids, operating on their own from the main power grid, can separate and protect themselves from any problems with the main grid and keep vital services in place.
The microgrid would connect multiple critical facilities to power in case of emergencies or disasters.
These critical facilities would include Hoboken Fire Company 3, Police Headquarters, City Hall, the Hoboken Homeless Shelter, St. Matthews Church, as well as St. Peter and Paul Church, Kings Grocery, municipal garages B, D & G, multiple senior housing facilities, the YMCA, two local pharmacies, three Hoboken Housing Authority Properties, Andrew Jackson Gardens, Harrison Gardens, Adams and Monroe Gardens), and pump stations.
Councilwoman Tiffanie Fisher wanted to ensure that the project wouldn’t require the city to have to dig up Washington street, currently under construction, if the microgrid is possible.
Business Administrator Stephen Marks said that Washington Street will not need to be dug up as the redesign plan has already included an underground conduit which will run the length of Washington Street from Observer Highway to Fifteenth Street with branches at cross streets to the city’s critical facilities.
He added that the project is complimentary and the Washington Street redesign project was already designed with the conduit below ground.

Marilyn Baer can be reached at marilynb@hudsonreporter.com.

In a unanimous vote on Wednesday night, the Hoboken City Council authorized the use of eminent domain as a tool “if necessary” to turn a proposed 1-acre Southwest Park into 2 acres. The city would have to get the second acre from the Academy Bus Company.
Under state law, municipalities can exercise eminent domain to seize private property for public purposes in exchange for paying fair market value. A court decides the price of the land if the two sides cannot agree on a price.
Academy’s land, bounded by Paterson Avenue, Harrison Street, Observer Highway, and the light trail tracks, is currently an empty lot. Academy has fought the potential eminent domain threat with an ad campaign touting its status as a good neighbor. They have also said the property is worth $13 million (the city thinks it should cost $4.7 million) and have offered a settlement if they can develop part of the property into high density mixed use buildings

Says the council’s being lied to

Hoboken resident and Academy Bus’s Vice President of Real Estate David Lehmkuhl spoke out against eminent domain and the negotiations thus far.
He said the council is being lied to as the city has claimed they have been negotiating with the company.
“The administration states that it is engaged in confidential negotiations with Academy concerning the Southwest Park and or Southwest Redevelopment and I am sorry to advise you that the statement is false,” said Lehmkuhl.
Lehmkuhl said that the last meeting between the two parties took place on April 28, with only a few exchanges of letters and emails since.
He said he had asked for more meetings, and the city did not respond.
The mayor wrote to Academy on Aug. 29, “I appreciate your interest in negotiating a mutually amicable price for the property… unfortunately, there is clearly a substantial disagreement as to the FMV [fair market value] of the property…. While you state in your letter that you believe the FMV is $13 million, you do not provide any basis for that price which is almost 300 percent more per acre than the acquisition price set by the court for the similar property across the street.”
She then asks the company for their appraisal and the economic analysis that the price is based on so that it may help the city “better understand your position, and will facilitate the good faith negotiations that both you and we have committed to undertake.”
He said “to set the record straight, there has been no meetings, contacts, or discussions between Academy and the administration since April 29, 2016 good faith or otherwise.”
Lehmkuhl, said the administration never made a formal offer nor did an appraisal.
Lehmkuhl said Academy was contacted on January 12 by the city to schedule the appraisal and that he and the appraiser were scheduled to walk the property together next week.
“You’ve never made an offer because you don’t have a number,” Lehmkuhl told the council. “You don’t have an appraisal.”
Councilman Ravi Bhalla said the city had made Academy two offers but that the company would not accept them.
According to city spokesman Juan Melli, the city cannot disclose what those offers were as it is part of the ongoing confidential negotiations.
Hoboken resident Deno Bogdanos said he believes the residents of the 4th Ward were being lied to.
“I am angered to see the residents of the 4th Ward being sold a bill of goods and lied to for the political agenda of a mayor facing re-election in November,” said Bogdanos.
“Everyone including the property owners say that there will be a new southwest park, but that doesn’t get the mayor a campaign poster or slogan.”
He said the park could be tied up in a costly legal battle now.

The public speaks

Over 25 residents spoke in favor of the use of eminent domain.
Emily Jabbour, an eight-year resident of Hoboken’s southwest, said “as a mom in the city the last thing we need is high density in that area… but if eminent domain ensures a fair price for both parties, then why is Academy upset of its potential use?”
Resident Mike Small, who lives in southwest Hoboken, said it’s clear the area needs a park.
John Gregorio, a southwest resident on Jackson Street, said he has advocated for more parks for the last 10 years.
He said, “In the middle of Manhattan there’s a little park known as Central Park that was acquired using eminent domain.”
He noted that Academy had called the city “thugs” in phone calls and mailers.
He said “If those are the people coming to the table then you need to have the proper legal ways to say we do this nicely or we do it legally… and get it one way or the other. Once you put it on the table they will have to act nice and be fair not only to themselves but the people of Hoboken.”

The council votes

Members of the council supported the use of eminent domain as a tool the city could use if necessary.
Councilwoman Tiffanie Fisher said even if negotiations fail and the city chooses to use eminent domain, the process will still rely on “expert appraisals” from both sides.
Councilman David Mello didn’t think the offer of free land in exchange for dense development was a good plan.
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“Eminent domain is a bit of a lightning rod issue.” – Jim Doyle
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Councilman Ruben Ramos said he has lived in southwest Hoboken for the past 43 years and the issue of eminent domain for a park first arose in 2007 “when my daughter was 4 years old. She’s 13 today and unless that park has a soccer field, she won’t play in it, but I want other in the neighborhood to be able to enjoy the park.”
Ramos said he hopes the negotiations move in a timely manner from this point forward.
“Eminent domain is a bit of a lightning rod issue,” said Councilman Jim Doyle. “It’s misunderstood. It’s in the U.S. constitution and the notion that eminent domain is stealing is preposterous. The notion it doesn’t include parks is preposterous. Clearly if you are going to use it, this is what it’s for.”
Councilman Michael DeFusco said, “Academy said only one meeting occurred last spring and this ‘he said/she said’ is spinning my head. It hasn’t been a good faith negotiation on either side.”
He said he hopes the mayor will actually negotiate before invoking eminent domain.
Councilman Ravi Bhalla said, “When talking about good faith negotiations, I read the back page of The Hoboken Reporter every day and I see personal attacks and disparagement” by Academy.
He said the park land should not be tied to more development as it will cause more traffic and congestion.
Before casting his yes vote, Councilman Michael Russo urged the mayor to “take that tool and use it wisely.”
Mayor Zimmer released a statement the following day thanking the council for authorizing eminent domain and the residents who spoke “passionately about the critical need for more park space without linking to increased development.”
“This authorization provides the city with a valuable negotiating tool and will ensure that the property can be acquired for a price fair for both Academy Bus and the city of Hoboken,” wrote Zimmer. She also called the company “a valued member of our community.”
Of the council vote, Francis Tedesco provided a statement by email to the Reporter: “Academy stands ready to engage the city in good faith negotiations for the sale of the one acre the city identified for a park, and Academy awaits the city’s invitation to engage in those negotiations.”

Marilyn Baer can be reached at marilynb@hudsonreporter.com.

SIDEBAR

After teen dies, residents speak out

During Wednesday’s council meeting, a few residents spoke about facilities and safety at the Hoboken Housing Authority in the wake of the murder of Adrian Rivera. Rivera, a teen who lived at 300 Marshall Dr. was shot and killed in his apartment last week. Police have not released a motive, but a neighbor said the matter was a robbery. Two suspects from Jersey City were arrested.
Nick Lenzi, who has lived in the 4th Ward for six years, said, “I am here today to address the growing divide between the city and the Hoboken Housing Authority,”
He said he has long wanted to speak out and regrets not doing so as the area “has seen its fourth shooting” recently.
He said he was dismayed when the city didn’t use its communication network to send out an alert to residents of a possible active shooter in the area.
“The communication capability used when it may flood, or snow, why could we not have received an alert about an active shooter in the area? I could maybe understand it could be challenging in the moment, but it’s sad that still there is nothing about the shooting on any of the city’s media platforms.”
He said he understood that the Hudson County Prosecutor’s Office was in charge of the investigation and it wasn’t Hoboken’s jurisdiction but still the city “should acknowledge the loss of a life.”
“I’ve watched the Hoboken Housing Authority deteriorate” said Lenzi. “At night there are dark patches from burnt out floodlights that have been ignored for months, the community garden has been taken over by abandoned bikes… the city can’t continue to ignore and neglect areas of our town.”
Councilman Ruben Ramos said he has worked with officials to schedule a community meeting Monday, Feb. 6 at 7 p.m. to help address and listen to concerns at 221 Jackson St.
He said he will moderate a panel consisting of the mayor, a representative from the Hudson County Prosecutor’s Office, Superintendent Christine Johnson, Director Mark Recko, Chief Ken Ferrante, Assemblywoman Annette Chaparro, and members of the council and Board of Commissioners “to get a dialogue going.”
He stressed that this meeting was not just for residents of the Hoboken Housing Authority but for all Hoboken’s residents who wish to participate.
He said he hopes they will be able to devise and present “an action plan to alleviate concerns and keep progress going in the right direction not just for the housing authority but for the community as a whole.”

Council urges state attorney general to oppose Trump’s executive order

The Hoboken City Council unanimously passed a resolution Wednesday night during its nearly five-hour meeting urging state Attorney General Christopher Porrino to take a stand against Donald Trump’s controversial executive order on immigration.
Trump’s order bars Syrian refugees from entering the United States indefinitely, bars any refugees from entering the United States for a period of 120 days, and prevents individuals from seven Muslim-majority countries, refugees or otherwise, from entering the United States for a period of 90 days. The seven countries are Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.
The resolution calls for Porrino to join the state attorney generals in New York, California, Pennsylvania, Washington, Massachusetts, Hawaii, Oregon, Washington, D.C., Connecticut, Virginia, Vermont, Illinois, New Mexico, Iowa, Maine, and Maryland in openly opposing Trump’s order.
Councilman Ravi Bhalla said he believes security decisions should be based upon intelligence and not generalizations. He said, “It is our hope that Attorney General Porrino will give serious consideration and exercise independent judgment as our attorney general, in deciding to join other states opposing this executive order.”
Trump drew mass protests last weekend when the ban suddenly went into effect, stranding legal immigrants with green cards and others out of the country.
Bhalla who sponsored the resolution with Councilman Ruben Ramos, said Porrino “has an admirable track record in the area of civil rights and anti-discrimination laws, consistent with the values of our state and country.”