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02.17.12

Asbury Park City Council Fails to Submit Green Arces Application

The Asbury Park City Council has failed to submit a Green Acres Application to help save one of Monmouth County's last open spaces. Despite thousands of letters, hundreds of people at meetings and rallies, and tens of thousands of signatures on petitions, the City Council has missed an opportunity to garner NJ State funds to buy the Bradley Cove development rights back from iStar. Mayor Johnson and Councilman Loffredo have listed a variety of reasons for not applying. The Chair of the Jersey Shore Chapter of the Surfrider Foundation and Asbury Park Homeowner, Joe Woerner, responded to these concerns earlier this week. The letter to Mayor Johnson is below.

Thank you all for your efforts. There is plenty of work still to be done to save the north end beach. Stay tuned for updates and upcoming actions!

Open Response to Mayor Johnson’s Concerns

Mayor Johnson:

You have copied me on a number of different responses to the e-mails that North Beach supports have sent to you, the Governing Body and iStar. In your response, you make a number of false claims and misrepresent the facts.  We would like to take this time to clarify, and provide verification for all of the statements that we have made.

As you know, this is our third attempt to address these same concerns.  The first effort, on January 24, 2012 was a meeting with the City Manager, Terry Reidy, and Don Sammet.   Second, was on the record at the February 1, 2012 Council meeting.  Third, was in an email to you and the Governing Body dated February 2, 2012. The content of that e-mail can be found on our website – http://saveasburypark.surfrider.org/?page_id=691&preview=true. It remains unclear to us why you continue to mislead the public and concerned citizens. We will address your concerns one at a time below:

  1. You are aware that this is the last round of funding for the Green Acres program.  If you miss the February 152012 deadline, there will not be another foreseeable chance to apply for Green Acres funding.
  2. 2.  No one is asking you to submit an incomplete application.  Even at this late hour, you still have the opportunity to coordinate all components required.
  3. The idea that you are being rushed to submit this application ignores that fact that the Governing Body was made aware of the need to complete and submit this application over a year ago. It was done on the record as well as via email. We are more than happy to provide that email and your response to anyone interested in verifying this statement.
  4. 4.  The 25% matching funds do not need to be secured in order to submit a complete application.  In fact, the Green Acres program made it very clear that the language of the Enabling Resolution can be changed, eliminating the City’s need to certify the presence of matching funds.  Prior to the February 1, 2012 Council meeting we reviewed acceptable language with the City Attorney, Fred Raffetto.
  5. 5. Regarding the estimated value of the parcel, it is obvious to anyone who has reviewed the application that an appraisal is not needed in order to submit a complete application.  On page 12 of the application it states that the second step in the approval process is an appraisal. The program suggests that this process begin in August 2012.  The fact that Monmouth County Parks is conducting an independent appraisal in February 2012 significantly strengthens your application.
  6. No one is asking the developer to agree to sell the development rights. At this point all the City should be asking the developer to do is allow them to begin working toward a constructive solution that provides fair compensation for the development rights.  This can come in the form of a letter from the developer or a minor amendment to the Redeveloper’s Agreement.
  7. If anything is premature, it is the discussion of who would take on the obligations of the developer.  Those obligations will only be relieved if iStar accepts a fair offer and sells the development rights.  Before that final deal is struck, Green Acres, Monmouth County Parks, NJ State Land Trusts, and private donors will have worked out a plan to create an oceanfront park in that area.  Until a satisfactory plan is proposed, the City should hold the developer to its obligations.
  8. Regarding the State Financial Board, it was made clear on the record, by City Attorney, Fred Raffetto, that in the Memorandum of Understanding, it clearly states matching funds for any grant be certified on acceptance of, not on application for, funds. However, if the State Financial Board has concerns regarding this application, we would respectfully ask them to be part of the conversation through direct communication with all stakeholders.
  9. You raised the issue of developer’s consent in the context of the State Financial Board as well.  We have always maintained that the Green Acres application needs to be supported by iStar.  If they do not support the application, please let that fact be known.  To date, you have not been clear as to iStar’s position.

Thank you for the opportunity to clarify your concerns again.  I am confident with some leadership and hard work, this application will be submitted to the Green Acres Program on February 15th 2012.

Joe Woerner

Chair, Jersey Shore Chapter of the Surfrider Foundation

Co-Chair, Oceanfront Preservation Coalition

Asbury Park Homeowner