Jersey City and the surrounding region could lose up to $5 million in funding from the U.S. Department of Homeland Security (DHS), according to the department’s proposed budget, despite the domestic terrorist attack which occurred in Jersey City last December.
Mayor Steven Fulop took aim at President Donald Trump on Twitter over the decreased funding, calling on voters to remove him in November.
“I struggle w/this decision from @realDonaldTrump and it will hurt us, but I’m not going to complain and waste time, as we realize elections have consequences,” Fulop said. “The takeaway here is we just need to continue working as hard as possible to make sure November is a change election.”
State Attorney General Gurbir Grewal also tweeted his disapproval, citing the Dec. 10 attack at the JC Kosher Supermarket in Jersey City in which four people lost their lives.
“Two months ago, NJ experienced the worst anti-Semitic attack in our state’s history,” Grewal said. “A hero cop was assassinated. I sat shiva with the family members of the victims. @realDonaldTrump should explain to their faces why he’s cutting our region’s security funds.”
According to a release from DHS, its Urban Area Security Initiative (UASI) will provide $615 million to enhance regional preparedness and capabilities in 32 high-threat, high-density areas. States and urban areas are required to dedicate 25 percent of UASI funds to law enforcement terrorism prevention activities.
“The Department of Homeland Security must continually innovate, evolve and improve upon our preparedness efforts to ensure our state and local partners are resilient for both today and tomorrow,” said Acting Secretary Chad Wolf of DHS. “The paradigm has shifted. Today’s DHS programs must improve our readiness in preventing, preparing for, protecting against, and responding to today’s evolving threats. “
“Our four priority areas, based on DHS’s assessment of recent attacks and other events and trend analysis from a variety of public and private sector sources, will help ensure the Department’s resources are applied most effectively,” he added. “Importantly, we have also included recommendations from governors and mayors, as well as national security experts and emergency management associations, in order to enhance our security posture going forward.”
Despite DHS’s pledge to ‘enhance security posture,’ security funding is down
Last year, funding in the form of UASI grants from DHS for New Jersey amounted to $20 million. For 2020, they are projected to be between $15 million and $19 million.
New Jersey will also receive less money in State Homeland Security Program (SHSP) grants than it received in the previous year. The SHSP provides federal assistance to address identified planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events.
New Jersey will receive only between $6.2 million and $7.7 million in SHSP funds, below the nearly $8 million the state was awarded in 2019.
U.S. Rep. Bill Pascrell, representing New Jersey’s 9th district, said he was “deeply disturbed” by the proposal to cut New Jersey’s access to the grants.
“As the most urbanized, densely populated state in the union, this change is particularly perilous. It has been less than two months since Jersey City – one of the very areas this change would negatively impact – was attacked by domestic terrorists,” Pascrell said.
“At a time of rising domestic extremism, now is not the moment to shortchange our communities,” he said. “Incredibly, these funding restrictions hit New Jersey harder than neighboring regions. One more time, the Trump administration has seemingly put a bulls eye target right on the Garden State’s back. I am going to work with my colleagues to make sure New Jersey doesn’t get the short end of the stick in protecting our neighbors.”
In the continuing legal fight over Hoboken Councilman Michael DeFusco’s campaign finances, the prosecutor in the case is seeking a probable cause hearing to determine whether or not there was cause to issue the complaint over the councilman’s alleged campaign finance violations.
Connie Bentley McGhee, the prosecutor for New Jersey, said in a virtual West New York municipal court hearing this morning that she is seeking such a hearing while DeFusco himself seeks to dismiss the complaint.
“I will add that the reason for the probable cause hearing would be to determine whether or not there was jurisdiction, and whether or not there was actually probable cause based upon Hoboken’s ordinance to actually issue a complaint to the defendant,” she said.
The complaint was filed by City Clerk James Farina in 2019, alleging that DeFusco had violated the city’s finance laws by going over the $500 contribution limit during his 2017 mayoral campaign. DeFusco has dismissed the complaint as a political stunt against him.
In a previous court hearing, DeFusco had rejected an offer from the prosecutor to select one of the alleged violations and pay four times the amount for it, to which McGhee had asked the court set up a scheduling order to allow a brief by the defense to be responded to, and that they want to having the hearing.
Steven Kleinmann, DeFusco’s lawyer, asked if it was going to be a “traditional” probable cause hearing because they have a pending motion to dismiss.
“It should be an opportunity for a prosecutor to respond to my motion,” he said. “I will have the right to reply, and then Your Honor would hear an argument on the motion. That seems to be the more correct procedural posture here.”
Judge Armando Hernandez gave McGhee 30 days to follow and answer the defense’s brief, to which Kleinmann didn’t object, and said that they’ll seek two weeks to reply themselves after receiving the reply.
“Obviously it’s the court’s discretion, but I will not voluntarily consent to any extensions and I just wanna make that clear,” said Kleinmann. “Because my client needs to move on with his life.”
A decision on the complaint could determine whether or not the city’s own campaign finance laws itself would change. An ordinance adopted would allow labor unions an exemption from the laws, but will only go into effect if the court rules in this case that the laws are unenforceable or unconstitutional.
For updates on this and other stories, check hudsonreporter.com and follow us on Twitter @hudson_reporter. Mark Koosau can be reached at mkoosau@hudsonreporter.com or his Twitter @snivyTsutarja.
HOBOKEN — The City Council will decide, at its next meeting on Feb. 1, whether to it will authorize the city to use eminent domain to acquire land currently owned by Academy bus for the city’s Southwest Park. Academy has been fighting the proposal, which would allow the park to be 2 acres instead of 1.
The ordinance was introduced at the last council meeting, at which more than 30 people spoke.
By state law, municipalities can exercise eminent domain to seize private property for public purposes in exchange for paying fair-market value. If the two sides cannot agree on a price, a court can decide.
The use of eminent domain can be controversial, as it sometimes forces private owners to sell their land against their will, and is only to be used only in the public interest. In the past the city has approved the use of this tool in acquiring land for public parks.
The city acquired its first portion of land for the park in 2015: Block 12, bounded by Jackson Street, Observer Highway, Harrison Street, and Paterson Avenue. The administration acquired the land for about $4.5 million after a going to court with the former property owner; Manhattan based Ponte Equities, following an eminent domain condemnation. The property owner originally sought $8.4 million for the land.
Three million dollars of the cost have been paid for using a grant from the Hudson County Open Space Trust Fund, and the $1.4 million balance will be funded through the City’s Open Space Trust Fund.
At the time Mayor Dawn Zimmer said, “This result is a huge victory for Hoboken and its taxpayers. By using the eminent domain process, the city has been able to acquire the land needed to begin building the Southwest Park in the most cost-effective way, saving taxpayers millions of dollars. As a resident of the southwest I look forward to cutting the ribbon on this new park as soon as possible.”
Hoboken broke ground on the project In June of 2016.
Academy has said it believes its land to be worth $13 million but the city believes the land should cost about $4.7 million based on the amount per acre set by the jury as part of the Block 12 court decision.
In an April letter from Academy President Frank Tedesco, he said his bus company has been headquartered in Hoboken for 40 years and employs 440 workers. He said the company also generates $500,000 in property taxes per year, which the park would not.
He has said he’s willing to let some of the property go if they can redevelop the rest for housing and commercial space.
“I have given a great deal of thought to the city’s proposal to acquire a portion of our headquarters property at 111 Paterson Ave.,” Tedesco wrote in a letter to the mayor in April. “As an alternative, we are prepared to convey that portion of the property you identified for acquisition in your letters at no cost to the city in exchange for the city’s adoption of a redevelopment plan (or other acceptable mechanism) that would permit the mixed use development of the property on the remainder of our site for office, residential, and some retail uses.”
Although this letter was sent in April, it seems the parties have not made headway.
At the council meeting on Jan. 18, Academy bus Chief Operating Officer Thomas Scullin said the company has been in Hoboken for 40 years, employs residents, and “is a major driver of the local economy and significant payer of local taxes.”
“We are disappointed that the municipality has quickly decided to potentially take eminent domain action against Academy,” he said. “It is our hope that this action is not part of any election year posturing.”
He added that Academy feels they have been left out of negotiations and the company has worked with its neighbors to create a proposal which “if accepted would not only expedite development in the Southwest section of Hoboken, but would assure that a new community park is built quickly and at absolutely no cost to the local taxpayer.”
Approximately 35 people spoke on the matter at the last meeting.
Many of them wanted the council to use eminent domain.
One woman, Jenny Labendz, said, “Eminent domain is there to allow for purposes of the public good. It seems very obvious that this is what’s good for Hoboken.” She believes the park, which has water retention features built into its design, will help alleviate chronic flooding in the area.
A few members of the public spoke against eminent domain, including Hoboken resident Deno Bogdanos.
Bogdanos said, “Do you want to walk into negotiations and be a bully?” disagreeing with the council’s possible use of eminent domain. He asked the council to follow the model of negotiations used in creating open space on the west side of town with developer Larry Bijou.
He said it seems like the council believes that “These people are bad, evil, and we need a big stick to negotiate with them’.” He asked the council to table the ordinance for six months and try to negotiate.
Members of the public are invited to the council meeting on Feb. 1 to comment on the ordinance. The council meeting is scheduled to begin at 7 p.m. at City Hall at 94 Washington St.
After five months (though it feels like eons have passed), Story Dispensary, the controversial retail cannabis applicant that has sparked debates over cannabis in Hoboken over the past year, has received their long-sought approval by the Planning Board after a six hour meeting on Nov. 1.
In a time frame where Queen Elizabeth II died, Max Verstappen won his second world championship in Formula 1 and Elon Musk bought Twitter, the applicants, who are seeking a store at the former Hudson Tavern in the northeast corner of the city, hadtoendurenumerous long meetings for Planning Board approval that began back in June.
Their surrounding controversy has lasted nearly a year; initially appearing before the Cannabis Review Board in February, they have been subject to criticism over how a cannabis dispensary would affect the neighborhood, their transparency, and even their political connections in Hudson County.
As Story Dispensary sought Planning Board approval, their meetings, sometimes stretching into 1 a.m. in the morning, had consisted of numerous public questioning and lengthy cross-examination by an attorney representing the condo association where Story could be.
Story was also sued by the condo association in May to stop them, but had their case dismissed by a judge, though they can refile another in the future as it was dismissed without prejudice.
Christopher Ling, an architect and planner, argued on behalf of the condo association that Story wasn’t suited for the zone it’s in and that it didn’t meet a number of conditions. Photo by Mark Koosau.
The controversy culminated in a fifth and final hearing at the Multi-Service Center, where Martin Cabalar, the attorney representing the condo association, began by having Christopher Ling, a planner and architect, argue that Story didn’t meet “the spirit” of the commercial zone it’s located in.
Ling also argued that they didn’t meet a number of conditions to get approval and should therefore be denied, such as using a basement when a dispensary can only be on the first floor, that their security cameras will have blind spots, that lines will show up on the sidewalk, that they didn’t meet the parking requirements and they also don’t have a loading zone.
During a lengthy cross-examination by Jennifer Porter, an attorney for Story, Porter said that they’re willing to agree to obtain a designated loading space at the southwest corner of 14th Street, compared to their original plans to have the products unloaded from a nearby garage.
After cross-testimony ended, Commissioner and Councilman Jim Doyle questioned the argued conditions, saying that if they have issues in particular, they could impose conditions themselves to fix them such as with queuing or security cameras.
“If we wanted to impose conditions, make the dispensary room smaller and make the whatever room bigger, would you agree that we could cure some of these issues that you’ve very effectively pointed out by introducing conditions?” asked Doyle.
Ling answered that they could if the board felt that they didn’t meet the criteria, but then said that they would have to review the numbers if any plans are redone.
“I think what’s been happening is each one of these criteria has an answer, and there is an answer, there’s a proposal,” he said. “But do the proposals work? So if you say, ‘I’ll give you a condition upon making a change here or there’, how do you know that change here will actually work as a whole?”
Later in the meeting, Cabalar brought up a letter he sent on Oct. 28 about the lease agreement for the property, saying that the owners of the property are going to lease it to a Wyoming LLC that uses an address that belongs to Aaron Epstein, who said previously that he’s providing management services for Story.
He continued that after the lease is executed, the lessee will sublet the property to Story, which he says goes against testimony said before the Cannabis Review Board and the Planning Board.
“I think what this really does is just show that the real applicant before the Planning Board is the landlord,” said Cabalar. “So they haven’t been transparent, and I think the board should take that into consideration when it assesses the credibility of the witnesses.”
The owners of the property where Story could be are Drew Nussbaum and Jaclyn Fulop, the wife of Jersey City Mayor Steven Fulop. Nussbaum also runs a Fulop-linked super PAC called “Coalition for Progress”, which had previously received a contribution from one of Epstein’s businesses, Garden State Dispensary.
Cabalar also said that the property owners have an investment in the property if it’s approved because of a purchase option that has a time frame of December 2022 to May 2023, which he says makes the representation of the owner inconsistent.
Representatives from Story Dispensary had to endure five meetings over five months, with some even going past midnight. Photo by Mark Koosau.
Porter disputed the letter, saying that it is “wholly irrelevant” to the board proceedings and that Epstein “has nothing to do with the ownership of this property”, saying that his address is there because “it’s common in many real estate contracts where you designate a registered agent.”
Chairman Frank Magaletta did say however that he had an issue with the applicant being the actual applicant in interest. Board attorney Scott Carlson also agreed, and said that if the board felt that Epstein or anyone else was being inaccurate, it would come down to them on whether they felt the testimony was truthful or not.
When Doyle also asked if the matter should be remanded back to the Cannabis Review Board if they were also deceived, Carlson said that he’s never known a Planning Board that has a prerequisite board first, and that he didn’t have an answer.
“Let’s call them like we see them, probably this will end up in a court and all these issues will get sorted out on that end,” said Carlson. “I think that’s probably the board’s best posture.”
After the public was limited to questioning over the past five months, they were finally able to give their full opinions on Story during public comment, with nearly all of them being negative against them.
Tom Brennan, the former owner of the Hudson Tavern which closed last year, argued that a cannabis dispensary in his former business wouldn’t fit in the neighborhood, and alleged that Story didn’t reach out to anyone there as well.
“Is it not abundantly obvious that this couldn’t be a more different landscape?” he said. “Should we be accused of stigmatizing cannabis if we believe locating a recreational cannabis dispensary in a residential building in the most densely populated residential neighborhood in Hoboken isn’t a proper land usage?”
“To be clear, I am not against permitting cannabis dispensaries from operating in Hoboken,” he later said. ”Rather my concern is all about location.”
Another resident, Andrea Aronoff, who said that she would live right above the dispensary, cited what she said were a number of armed robberies at dispensaries across the country, “not trying to be dramatic or fearmonger,” but because she had “a very serious concern about the danger that the dispensary poses to the public health, safety and welfare.”
“I do not want to have to worry about a break in late at night while I sleep in my bed and be fearful that an armed confrontation downstairs might lead to a stray bullet penetrating the walls of my apartment,” she said.
Councilwoman Tiffanie Fisher, who represents the 2nd Ward where Story could be and has been an outspoken critic of them, argued that the board has “literally been given no information” and that they didn’t have “real testimony” on the amount of people that are expected.
“You just don’t have enough information, and if you think otherwise, I’d love to know what information you’re going to base it on, because we’ve not heard any testimony whatsoever that should give this board any confidence that this operator is going to be able to manage the crowds in this area,” she continued.
Councilwoman Tiffanie Fisher, who represents the 2nd Ward where Story Dispensary could be, has been one of their most outspoken critics. Photo by Mark Koosau.
Before the Planning Board voted, Carlson noted a number of conditions for Story, including having no consumption on site without further approval by the board, seeking a loading zone and providing proof of required parking and maintaining said parking.
After the commissioner made their own suggestions for conditions, and the clock having gone past 1 a.m. they voted unanimously 8-0 to approve Story Dispensary, capping off a five month long chapter for them as they now seek to get City Council support to get full local approval, as well as state approval.
Lee Vartan, an attorney for Story, thanked the Planning Board in an email to the Hudson Reporter for approving them, “consistent with the unanimous approvals from the County Planning Board and Hoboken Cannabis Review Board, despite the irrelevant and sometimes blatantly false statements made during the filibustering by our condo neighbors.”
“Ultimately, those neighbors – as the broader community already realizes – will end up appreciating the beneficial impact of a high-end retail store with restricted hours replacing a bar with sometimes loud patrons until 2 a.m.,” he said.
Cabalar told the Hudson Reporter in an email on behalf of the condo association that they were “ultimately disappointed in the decision because there are several conditions of approval that were not met.”
“[…]the association raised legitimate credibility concerns with respect to the applicant’s testimony, which was acknowledged by members of the board who expressed concern about the applicant’s lack of transparency, but were ultimately not given appropriate consideration as demonstrated by the vote to approve,” he said.
Hoboken residents voted by a 5-to-1 margin in the 2020 statewide referendum to legalize marijuana in New Jersey, with 21,056 casting yes votes and 4,049 voting no.
For updates on this and other stories, check hudsonreporter.com and follow us on Twitter @hudson_reporter. Mark Koosau can be reached at mkoosau@hudsonreporter.com or his Twitter @snivyTsutarja.
If you expected this to be a gentler and kinder municipal election in Jersey City than in the past, you’re going to be disappointed.
Former Jersey City Mayor Gerry McCann has called for Councilman Chris Gadsden to be dropped from the ballot, claiming that Gadsden’s nominating petition signatures are invalid.
Gadsden has two challengers, Jessica Hellinger and Mira Prinz-Arey. And it is believed that McCann is operating on behalf of Mayor Steven Fulop, who helped McCann’s sister become the Jersey City Democratic Chair last month. The matter is being reviewed by the City Clerk, although most do not expect Gadsden to be forced off the ballot.
Gadsden is seen as an opposition council member on a council currently controlled for the most part by Fulop. More importantly, Gadsden might well become of five anti-Fulop council members in the next election, swinging control of the council away from Fulop.
McCann knows his election stuff, including all the dirty tricks. And in the past, McCann has become a kind of hired gun for candidates who might otherwise be facing an uphill battle. It was McCann’s digging into campaign records that forced a new 4th Ward election in Hoboken a few years ago.
Gadsden, who won a special election for his seat last year against stiff opposition by a Fulop-backed candidate, is seeking re-election on the slate of Fulop’s mayoral rival Bill Matsikoudis.
Fulop, through McCann’s sister — Barbara Stamato the Jersey City Democratic chair — is believed to be supporting Prinz-Arey and would likely benefit most from Gadsden’s removal, although some believe Hellinger – active in the community – would get some of Gadsden’s voters.
Some believe the McCann move is a sign of desperation since the election will likely be close in many of the city’s wards, and possibly the three at-large seats. Disqualifying any of the opposition candidates could allow Fulop to retain a marginal control of the council going into his second term. This, of course, assumes he wins reelection.
Pot shots at the Jersey City Board of Education
There is a behind-the-scenes guerilla war going on in the Jersey City Board of Education as some former trustees work against existing trustees.
This may be called “sour grapes” since the former trustees once held power on the board and were successful in naming Dr. Marcia Lyles as superintendent, and managed – before exiting the board – to getting her contract renewed. While Lyles was once at the core of this conflict, her successes have convinced even some of her staunches critics that she may be someone worthy of support.
The fight behind the scenes is about getting even for current or past slights, and it involves a plethora of OPRA requests concerning specific trustees in a desperate witch hunt to find dirt.
Can Romano really run for freeholder and mayor at the same time?
McCann isn’t the only one trying to clear path to elected office by removing someone from the ballot.
Patricia Waiters, who lost her bid to unseat Freeholder Anthony Romano in the Democratic Primary, is challenging the fact that he’s running for two offices at the same time. Romano is running for reelection as a freeholder, and also running for mayor of Hoboken.
State Assembly Woman Sheila Oliver is running for lieutenant governor as well as seeking her re-election to her Senate seat.
What differs between Romano and Oliver is that Oliver’s races are both partisan, meaning she is running as a Democrat in both. Romano, however, is running as a Democrat for freeholder, while running in a non-party election for mayor.
The legal question is, is he allowed to use the same petition signatures or combine campaign money? And what limits there are in contributing to these campaigns?
All this comes at a time when the race for Hoboken mayor appears to be tightening. Several polls suggest that four of the six candidates are neck and neck. This includes Romano, Councilman Ravi Bhalla, Councilman Michael DeFusco, and Councilwoman Jen Giattino.
This also suggests that the other two candidates, Ronald Bautista and Karen Nason, might have a huge impact on who the next mayor is. While this action by Waiters is clearly a ploy to force Romano to choose which seat he will run for, a court will likely uphold his ability to run for both anyway.
Out-of-town attorney Eric Dixon raised the question a few weeks ago about Romano and has since come to represent Waiters, but many are speculating on just who is really behind this – a major political power using Waiters as cover in order to influence the Hoboken election on behalf of one of the other candidates?
Giattino is the least suspect, and sources claim she may be seeking support from state Sen. and Union City Mayor Brian Stack. Most believed he would stay out of the Hoboken. This may not be the case.
But if Waiters is successful in forcing Romano choose to run for mayor instead of freeholder, Republican Adela Rohena could become the only candidate for the freeholder seat. But most likely, the Hudson County Democratic Party would go to court to seek a replacement candidate to run in Romano’s stead.
Murphy comes back to Hudson County
Phil Murphy made a triumphant appearance in Jersey City this week at Casino in the Park.
About 750 political people attended the town hall meeting, where a few got to ask him questions about policy. But mostly this was a show piece, local political people making points with the man many assume will be the next governor.
Mayor Fulop led the event off and then introduced Hudson County’s Democratic elite, including Assembly Speaker Vincent Prieto and state Sen. Sandra Cunningham.
Murphy outlasted many of his Democratic political rivals – including Fulop – to win his party’s nomination in June, and now faces off against G.O.P. Lt. Governor Kimberly Ann “Kim” Guadagno in November.
Although everybody was is posturing and saying the right things in hoping to curry favor with Murphy, not everybody actually believes what they say, and are uncomfortable with Murphy as the candidate.
Murphy talks a great game, especially when opposing President Donald Trump. But in truth, he inherits a wounded state, and he will be faced with some serious decisions that may make him unpopular by this time next year.
