WolfeNotes.com

[Update: 2/16/15 – A few things:

1) Star Ledger has an editorial today: “Liberty State Park’s Precarious Future” – – pretty good, but still fails to note that: a) the Christie DEP is just a big a problem as the new MRC; and b) NJ Future’s stealth privatization study was, at best, totally inappropriate and at worst a money laundering exercise in political cover and betrayal.

2) Prieto’s “cleanup” bill is now on line, see: A4196 – it does nothing to resolve the development threats to the park – see below for reasons why.  ~~~ end update]

Unbelievable.

Defenders of Liberty State Park – along with the press corps – repeatedly have been lied to, manipulated, and deceived by Legislators and DEP.

I have been exposing that and warning about the issues for weeks now and explaining it’s origin in Gov. Christie’s “Sustainable Parks” privatization policy.

So, are they going to let that happen again?

A story today in the Bergen Record sure suggests that may happen.

The story is about a bill introduced by Assembly Speaker Prieto, the sponsor of the bill that created the problem. (A4196 – the bill text is not yet available on line):

The new bill says that “nothing” in it “shall be construed to transfer ownership of any of the property” to the commission. Prieto maintained that the DEP is still in charge of the park.

“We call it a cleanup bill,” said Prieto, D-Secaucus. “The DEP still calls the shots.” He added, “What the DEP was able to do one month ago, two months ago, they will be able to do today and going forward.

I call bullshit on that –

The so called “cleanup” bill does nothing to cleanup the mess and address the underlying problems.

Transfer of ownership is NOT the issue. Whether DEP “calls the shots” is NOT the issue. They are manipulative diversions.

The real issue is that the Christie DEP has unilaterally announced plans to develop the Park and that the new Meadowlands Regional Commission has the power to finance that park development.

When the problem was first exposed, a Prieto staffer denied the problem.

Then, in followup news coverage, Prieto himself denied the problem.

When Senator Sarlo contradicted Prieto and admitted the problem, and editorials blasted the dirty deal, Prieto was forced to walk those denials back.

He then admitted the problem, and said he was going to fix it.

Now his proposed fix may make the problem worse and divert attention from the real problems.

So, after this ugly history, do they finally understand the issue? NO.

Just last week, the Bergen Record broke a story that revealed that for over 6 months prior to their efforts to stealth a provision in the new Meadowlands law, DEP secretly had paid $120,000 for a private consultant to study options to commercialize the park.

DEP has said – multiple times – that their goal is to make LSP a “tourist destination” and a “venue” for events, in order to “generate revenues”.

The DEP press office even went so far as to say that LSP was “just where people go to get on the ferry”.

HELLO!

DEP is just as big a threat to Liberty State Park as the new Meadowlands Regional Commission.

The key issue of concern is the role of the new Meadowlands Commission in financing improvements to Liberty State Park.

DEP would love to develop the park, but DEP doesn’t have bonding authority and they are broke.

The professionals in DEP’s Division of Parks are not controlling decisions about plans for the Park..Decisions are being dictated by Commissioner Martin and the Governor’s Office. They are driven by the Gov.’s own privatization and commercialization plan.

It does no good for park advocates and the press to deny this and pretend that this is not happening.

The open space constitutional amendment dedicated all parks lease and concession revenues to the new Open Space fund.

That legal change put the kibosh on any DEP public private partnership deal to finance stuff like  a restaurant of amphitheater, where concession revenues or ticket sales would finance the “improvements”.

That’s why DEP inserted the MRC role into Prieto/Sarlo Meadowlands bill. They need a funding source and financing entity. 

Whether the Park is controlled by DEP is irrelevant – DEP has announced plans and conducted a study to commercialize the Park as a “tourist destination” to “generate revenue”.

Prieto’s bill does nothing to address any of those issues.

And the concern about the new Meadowlands Environmental Research Institute is a total diversion.

Legislative Fix To Protect Liberty State Park Must Block MRC Role in Financing Development

Open Space Ballot Dedicated DEP Park Revenues – MRC Was Needed to Finance

So, let’s put 2 plus 2 together:

(DEP “tourist destination” plans) +  (MRC bonding authority) = Major Capital Project

Assembly Speaker Prieto and Senator Sarlo – sponsors of the bill Gov. Christie signed into law yesterday that creates a new Meadowlands Regional Commission and threatens development of Liberty State Park – have been forced to respond to the huge public outrage over the Christie DEP plans to develop and commercialize Liberty State Park.

Yesterday, Prieto issued a press release promising to fix the problem:

“We also understand the concerns about the future of Liberty State Park. Liberty State Park and what it means to our heritage holds a special place, and – as has always been the case – we stand ready to protect the park. To that end, we will be introducing legislation to clarify that the Meadowlands Regional Commission may only review plans for Liberty State Park at the request of the Department of Environmental Protection, and that nothing in state law shall be construed to transfer ownership of any Liberty State Park property to the commission or anyone else.

This promise to “protect the park” does not go nearly far enough.

The Christie DEP is just as great a threat to development of LSP as the new MRC.

Any bill to undo the damage must prohibit the new MRC from any financial role at LSP. See my letter below which explains why.

Dear Speaker Prieto and Senator Sarlo:

I write to you as sponsors of proposed legislation to undo the damage regarding inclusion of Liberty State Park (LPS) in the controversial new Meadowlands Regional Commission law signed by Governor Christie yesterday.

In response to the public outcry in opposition to the Christie DEP plans to develop LSP, I understand that you plan on introducing legislation to restrict the role of the new Meadowlands Regional Commission with respect to LSP.

As you know, to implement Governor Christie’s “Sustainable Parks Strategy”,  the Christie DEP already has announced plans to increase revenues and to develop the LSP as a “tourist destination” and/or venue for commercial events. As such, regardless of ownership, planning, or regulatory oversight powers, the DEP is just as much a threat to LSP as the new MRC.

In crafting your bill, I strongly urge you to include a provision that prohibits the new Meadowlands Regional Commission (MRC) from any role in the finance of any development, lease, contract, or public-private partnership involving LSP.

As you know, the recent Constitutional Amendment to dedicate certain Corporate Business Tax (CBT) and other revenues to the new Open Space Fund included dedication of lease and concession revenues.

As such, in the event that DEP LSP park plans had anticipated financing park developments with lease or concession revenues, those plans are no longer viable.

Accordingly, the MRC could become the financing entity to developments in the Park – and I thing that that is the Christie DEP game plan.

That game plan became necessary as a result of the open space dedication of lease and concession revenue.

For example, if DEP were planning to build a restaurant and amphitheater for big outdoor concert events, the concession revenues from those operations now is dedicated to the open space Fund.

I’m sure that the DEP anticipated the revenues to pay the operating costs and debt service on the development – or public private partnership deal.

They can’t do that now.

That’s why they needed amendments to your bill to authorize the MRC to have a role – FINANCE.

Please include a provision to prohibit any MRC financial involvement with DEP and LSP.

Respectfully,

On Collaboration, Cover, and Covert Conflicts

NJ Future’s Collaboration & Manipulation is Despicable

“Because the park has been a sacred battleground against privatization plans, I think New Jersey Future was naive and wrong to collaborate with the DEP,” he said. “It’s wrongheaded thinking.” ~~~ Sam Pesin, Friends of Liberty State Park (Bergen Record, 2/5/15)

[Update: 4 pm – Disgusting: Christie Signs Bill To Allow Development of Liberty State Park 

Don’t believe the Prieto/Sarlo BS –

The Christie DEP supports development and commercialization of the Park as a “tourist destination”. Bob Martin’s DEP would be as bad as the new MRC. This is all about finance, not ownership of the Park ~~ end update]

Collaboration, for sure, but naive, wrongheaded, and wrong?

How about greedy, unethical, and evil?

The treacherous collaboration of corporate oriented NJ Future with the Christie DEP on planning for the commercialization of Liberty State Park is a total disgrace.

The same goes for the underhanded stealth tactics of Christie’s DEP, led by the incompetent corporate hack Bob Martin.

But, none of that should come as a surprise to those who know that group and pay attention to State politics, planning, and DEP policy.

Scott Fallon of the Bergen Record exposed the dirty details of that today:

Governor Christie faces a deadline Thursday to act on a controversial bill that could bring more private development to Liberty State Park, but his administration quietly began the process months ago when it hired consultants to analyze how companies could generate money along the park’s coveted Hudson Riverfront.

The state Department of Environmental Protection awarded $120,000 to a planning group last June to “analyze the potential attractiveness of the park to revenue producing developers, contractors and concessionaires,” according to documents obtained by The Record.

Months later, the administration made a last-minute change to a bill to give development authority over the park to a new state agency. The change, which opponents say jeopardizes the future of Liberty State Park, was made with little opportunity for debate before the measure swiftly passed through the legislature in December.

It is hard to know where to begin in describing how scandalous and outrageous the conduct of both NJ Future and the Christie DEP is here: covert, dishonest, manipulative, unethical, corrupt.

We’ve long opposed and warned readers about the dangers of Gov. Christie’s parks commercialization and privatization policy.

We’ve specifically written that the Liberty State Park stealth legislation was designed by the Christie DEP to implement that policy.

We’ve severely criticized DEP Commissioner Martin for misleading the legislature, the press, and the public when they were caught and confronted about this outrageous stealth legislative maneuver.

But, bad as all that is, what the Record just revealed goes way beyond all that:

While DEP still remains mum about what their motives and plans are, the DEP press hack may have let the cat out of the bag here:

“DEP spokesman Larry Ragonese said the park would remain under the department’s control. The agency wants to enhance the park’s amenities and make it a destination for tourists, he said.

Aha!

So DEP has plans in the works for parks improvements to “make LSP a destination for tourists”. What those improvements are – or might be – are unknown at this time.

The fact, as we now learn, that DEP had used a private planning group to coverup their efforts to commercialize Liberty State Park is so far beyond the pale it is hard to even describe.

On top of that, the Christie DEP then misled legislators to stealth that effort into a Meadowlands reform bill.

Then, after they are caught doing this and the public is outraged by it, they try to cover it up and refuse to provide documents to the press.

There has to be accountability for this –

The Legislature must immediately call for oversight hearings and conduct an investigation into exactly how all this went down.

As far as NJ Future goes, I really hope that this is their Waterloo – that they are done, finished, over as an organization.

They obviously can not be trusted and – at a minimum – Director Peter Kasabach and all those involved with this project must resign.

Here he is, refusing to disclose the study and be accountable for a study he oversaw regarding NJ’s most popular State Park:

Peter Kasabach, executive director of New Jersey Future, a Trenton-based research group advocating efficient land use and environmental practices, would not reveal the report’s contents in detail.

And here he is being either unethical, incompetent, or dishonest  (or perhaps all three):

Kasabach said he sees no conflict in accepting money from the DEP to help revamp Liberty State Park and his opposition to the bill, which the DEP helped craft.

“It’s a state park, and the DEP should ultimately be in charge of what goes in there,” he said.

The bill would put development decisions in Liberty State Park in the hands of a revamped New Jersey Sports and Exposition Authority.

NJ Future took $120,000 from DEP to do their dirty work.

NJ Future secretly oversaw a private planning consultant’s study of commercialization of Liberty State Park  – they didn’t even do the work themselves.

Then to cover their tracks, they manipulated and joined opponents of the commercialization of Liberty State Park! Opposing the very thing they just took DEP money to do!:

The [Christie] administration’s plan for the park is unclear. The planning group, the non-profit New Jersey Future, has submitted a draft report detailing development opportunities at the park to the state Department of Environmental Protection, but neither is revealing any details. A request by The Record for that report was denied.

Volunteer and conservation groups are concerned the state is going to open Liberty State Park to large-scale development. Opposition to the measure has been growing; New Jersey Future itself has urged Christie to veto the bill.

It is hard to imagine more corrupt and manipulative behaviors.

More to follow, as I explain the broader and destructive role of the inter-locked groups like NJ Future and Sustainable NJ, and their Dodge Foundation Funders and Green Mafia friends.

Stealth Amendments Could Have Been End Run Around New Open Space Lease Revenue Dedication

It’s All About Finance

[****Updates Below – #2 provides Christie’s fingerprints on the deal]

The Associated Press carried an important story today on the Liberty State Park (LSP) stealth amendment, see:

• Green group worries about development at Liberty State Park

The AP story provided a new angle on what the motives of the Legislative sponsor and the Christie DEP may be.

Prior news accounts have confirmed that fact that the amendment was requested by the Christie DEP, but thus far, DEP has refused to explain their motivations or need for the amendment.

While DEP still remains mum about what their motives and plans are, the DEP press hack may have let the cat out of the bag here:

DEP spokesman Larry Ragonese said the park would remain under the department’s control. The agency wants to enhance the park’s amenities and make it a destination for tourists, he said.

Aha!

So DEP has plans in the works for parks improvements to “make LSP a destination for tourists”. What those improvements are – or might be – are unknown at this time.

What is known is that DEP has no capital parks budget to pay for them, as a result of the Open Space Question diversion of $32 million of Parks capital funds to the new Open Space fund.

Also keep in mind – and this might be the real motive for the whole deal – that the Open Space Question also diverted DEP lease and concession revenues into the new Open Space fund: (SCR84 SCS (@p.12 – lines 3 – 6)

There shall be credited annually to a special account in the General Fund an amount equivalent to the revenue annually derived  from leases and conveyances of lands acquired or developed by the State for recreation and conservation purposes.

Second, the AP story quotes the spokesman for Assembly Speaker Prieto, the bill’s sponsor, also suggesting that major capital improvements are being planned for LSP:

Prieto spokesman Philip Swibinski said the DEP would retain control over the park but that the bill now gives the department “an additional tool” when considering development proposals. Unlike the DEP, the new commission would have the ability to issue bonds for development projects.

So, let’s put 2 plus 2 together:

(DEP “tourist destination” plans) +  (MRC bonding authority) = Major Capital Project

But the fly in the ointment could be that the Open Space Ballot Question may have diverted the revenues contemplated to finance this planned major development to the new Open Space Fund.

For example, suppose DEP had planned to construct an amphitheater and lease that to a concert event promoter.

Or a restaurant or other tourist recreational and entertainment destination. Again, the revenues would come from a lease.

That lease revenue may have been anticipated to finance the project and parks improvements.

But as a result of the open space ballot question, that contemplated lease revenue is now legally dedicated to a new Open Space fund.

Keep in mind that the stealth amendments would make any development project in LSP a “project of the new MRC” (see this new power in section 19 on page 26):

 Any approved plans shall constitute a project of the commission, and shall be adopted as part of the master plan;

As a “project of the MRC”, then the DEP open space lease revenue dedication would not apply and revenues would flow to the MRC or some form of debt finance instrument – e.g. a “public private partnership” in the jargon.

So, if DEP planned to develop “tourist” attractions in LSP and finance those improvements via lease revenues, then the stealth amendments may have been driven by the need to do an end run around the new Open Space lease revenue dedication.

That sounds like a very plausible explanation to me.

[End Note: I must mention the fact that the AP story has one major factual mistake.

The article closes by claiming that the story was first reported by the Bergen Record.

But that is false – we first reported the story on December 29, the same day I pitched the story and Sam Pesin’s  release to the Record’s State House bureau – and I sent numerous tweets complaining about the lack of media coverage after that – all days before before the Record Scott Fallon story ran, see:

• Will Gov. Christie Throw NJ’s Crown Jewel – Liberty State Park – Under the Bus?

[Update #1 – Thankfully, we have some wonderfully thoughtful and creative readers and writers. Here’s some thoughts about what kind of “tourist destinations” the Christie DEP Team may have in mind, from a reader:

With good design, if perhaps the NJ Conservation Foundation will supply the landscape architects, with support from ANJEC, and NJAS supply the green stamp of approval, we can combine:  a golf course and miniature golf, a waterpark destination, with skiing in the winter, and a wax museum dedicated to the American Dream, immigrant success stories of those who passed through Ellis Island, or other entry points…all pointing upward, upbeat and optimistic.  To broaden the appeal and help Christie’s ambitions out, could we also fit in a NASCAR class race track, dedicated to the “competitive spirit?” A little shrine to the Dukes of Hazzard could surely be placed nearby, like those little grottos to Catholic saints I remember from my childhood.  After all, he’ll have some tough Southern primaries…  Let the revenue flow and no questions be asked about how we got here.  .  As Henry Roth epigraphed in the Prologue to his great novel of immigrant life on the Lower East Side in the early 20th century,  Call It Sleep:  “I pray thee ask no questions/This is that Golden Land.”  That would make a fitting saying to put over the new archway-entrance, don’t you think?  Let visitors discover the ironic tone of what Roth meant  for themselves.

Yeah, and what about Jet Ski port and brew pub too?

[Update #2: 1/19/15 – If there is any doubt whatsoever that this is a result of Gov. Christie’s policy to commercialize state parks and develop them to provide revenues, see the following press videos and statements by Gov. Christie – he announced the policy at Liberty State Park:

Chutzpa Award Goes To Ed Potosnak of NJ LCV

[Update below]

[Intro Note: an astute reader notes a conflict between my rhetoric and image, with this note:

This is not a salamander (amphibian)…but a reptile…more specifically a Five-Lined Skink… Eumeces fascialus…and appears to be a juvenile female.

It looks like some real opportunistic bastards have misled and used the good people of the Jersey City Parks Coalition.

Check this story out:

• Environmental groups urge Christie to veto bill they say is threat to Liberty State Park

Not only are they very late to the Liberty State Park parade, but the opportunistic move reeks.

The Jersey City Parks Coalition letter to Governor Christie – which I obviously support and have been urging  – was signed by three environmental groups who, as members of the Keep It Green Coalition (KIG), virtually defunded State Parks.

Specifically, as readers here surely know, the NJ League of Conservation Voters (LCV), NY/NJ Baykeeper, & Environment NJ supported theft of the entire State Parks capital budget ($32 million/year) and $3.8 million/year from lease/concessions revenues that parks relied on for operating funds, as a result of passage of the Open Space Ballot Question.

Liberty State park was particularly hard hit by loss of $800,000/year in operating funds (in addition to loss of planned capital upgrade, repair & maintenance funds).

KIG members didn’t give a rat’s ass about State Parks, and selfishly and unforgivably threw them under the  bus.

During the course of the debate on Ballot Question #2, Ed Postosnak of NJ LCV, wrote an Op-Ed that smeared DEP, falsely claiming that they abused funds by using them for staff salaries – see my reply to that:

• Head of NJ LCV Attacks DEP – Op-Ed Smears Critics of Open Space Diversion

As  the Director of the NJ State Parks Service, Mark Texel wrote, on the KIG Facebook page on 11/5/14:

As the Director of the NJ State Park Service now coping with the reality that our entire Parks capital budget will be completely eliminated beginning July 1, 2015 as a result of the YES vote I can say this is the darkest day I have faced in my professional career. Worse than Superstorm Sandy. 440,000+ acres of preserved open space, 52 historic sites, 39 parks — used by 8 million visitors each year — all managed by my agency and now with no funding plan in place for stewardship beginning in just 7 months. This is not a bad reality TV show. This is New Jersey’s Inconvenient Truth hidden from voters throughout this campaign.

After the dust had settled, when they could no longer deny and lie about the impact of the Open Space ballot diversion, when they had the chance to apologize for their mistake and try to fix the damage they did, upon reflection, these same groups did not support restoration of Parks funding during the December 8, 2014 Senate hearing on Open Space ballot Q implementation legislation.

[*Read KIG testimony, where they recommend 10% –  or just $7.1 – $7.8 million – for parks capital budget and fail to even mention loss of parks operating funds resulting from diversion of lease/concession revenues. This line of BS is really outrageous, given the KIG made those choices and they duped the public about them. KIG claims:

difficult choices had to be made and many programs won’t be funded at sufficient levels   ]

Did Potosnak inform the Jersey City Parks Coalition about his role in stealing Parks funds, particularly for Liberty State Park, and apologize?

I find it despicable and the height of hypocrisy for Ed Potosnak & some KIG members now to try to slither out from under the rock they’ve been hiding under by using the Liberty State Park controversy and the good people of Jersey City Parks Coalition as some kind of penance or resurrection.

[Update – 1/11/15  – an angry reader correctly criticizes my failure to hold Mr. Potosnak accountable. The reader correctly notes that Mr. Potosnak is a full time paid Trenton lobbyists for many Keep It Green groups and that it is his job to work on urban parks & Meadowlands issues and that he failed to monitor the legislation and missed the LSP stealth amendment. Criticism accepted and the flaw is corrected here in this update.]