SC asks AG, DCA to Stop Lambertville From Moving Forward with Unneeded Dev During Health Emergency

This week, the New Jersey Sierra Club sent letters to the Attorney General’s Office and the Department of Consumer Affairs expressing concern that the City of Lambertville is still moving forward with a controversial development project during the COVID-19 health emergency.

“Even though we’re in the middle of a public health emergency, the City of Lambertville is moving forward with their controversial development project. People are concerned about the health and safety of themselves and their families, but Lambertville is using the coronavirus as a cover to push this through without public participation. We believe that they are violating the law because during these trying times governments are only supposed to be dealing with essential business and the health emergency, not building a 5-story apartment building. That is why the Sierra Club has asked the Attorney General to intervene,” said Jeff Tittel, Director of the New Jersey Sierra Club. “The City of Lambertville doesn’t care about whether people are sick. They are more concerned about taking care of developers than taking care of public health.”

The City of Lambertville is trying to move forward with a two-part development proposal. The first is to build a private mixed income development located on the current site of the town’s police department on North Main Street. The other part of the plan is to construct a new public municipal building. The New Jersey Sierra Club is opposed to the project and suggests alternative sites for affordable housing.

“Their approach is reckless and arrogant. While people are sitting at home, worried about the coronavirus outbreak, they are trying to approve the ordinance during their next council meeting on April 23rd. The meeting will be streamed via Zoom, which is discriminatory and doesn’t allow for public testimony or participation. People who are low-income, elderly, and handicapped do not have access to computers or do not have internet access at home. What’s worse is that the City’s Attorney has said that this project is allowed under the ‘essential business’ law because the law doesn’t define what is ‘necessary’ for running the government,” said Tittel. “They are making up their own rules and moving forward even though they know that they shouldn’t.”

The City of Lambertville is scheduled to vote on this ordinance during their regularly scheduled session on April 23rd. According to the agenda, “Ordinance Number 01-2020: an ordinance of the City of Lambertville. County of Hunterdon, State of New Jersey amending the Redevelopment Plan for the Lambertville High School Redevelopment Area, Block 1073, lots 1, 3, 5, 6, 7, 8, 9, 10, 11, 32, 33 and 33.01, block 1090, lots 4 AND 5, and block 1091, lots 1 and 1.01.”

“This is a time of financial uncertainty. Hundreds of people in our community have been laid off and dozens of businesses are closed. People don’t know how they will pay their mortgage or rent while they have been told to shelter in place. Instead of dealing with the public health and finances of Lambertville, the City is focused on building a $14-16 million city hall complex. This is stupid and irresponsible. The City of Lambertville doesn’t have the money for this project. Moving forward with this development project is an unconscionable move by an out-of-control mayor and city council,” said Jeff TIttel. “People are sick and afraid, and all the Mayor cares about is pushing her development project and taking care of developers.”

The proposal had major opposition from residents who attended council meetings earlier this year. Those who spoke expressed concerns about the proposed project’s environmental impact and its scale, as well as asking how necessary it is in the community.

“It is completely wrong to push this project forward during the coronavirus pandemic. This has nothing to do with keeping the government running or dealing with the coronavirus pandemic. They want to rezone the city’s police station and a 4-acre tract as a redevelopment zone so that they can sell it to a developer. As part of that zone they want to build a 5-story apartment building next to Alexauken Creek. Then, they want to use this as an excuse to force the City to pay for a $14 million City Hall Complex, which would include a new police station,” said Tittel. “We are in the middle of a public health emergency. Selling a police station and closing it in the middle of a pandemic when you need emergency services makes no sense.”

Lambertville residents expressed their desire to preserve the current sites of the town library and city hall, citing their significance as historic landmarks of Lambertville. Fahl emphasized that other sites beyond the ACME Screening Room on South Union Street are being considered as potential locations for the municipal building.

“This development will cause more flooding, more pollution, more traffic problems, and more costs for the residents of Lambertville. What is more concerning is that the Mayor is using affordable housing as an excuse to build mid-rise housing and a new city hall. This is a shameless misuse to grant cover for these massive projects. The 5-story apartment building that would replace the current police station would be built next to Alexauken Creek, which is a C1 stream and has a 300-foot buffer. Then they want to build the $14 million multi-use city hall complex in a flood zone next to Swan Creek,” said Jeff Tittel. “This project will increase stormwater runoff and flooding, impacting the water quality of the Canal, Swan Creek, and Alexauken Creek.”

Mayor Fahl has reiterated that the city is “really at ground zero” of the project, stating that discussions regarding the location of the proposed municipal building and whether or not municipal facilities — including the town library, police station and municipal court and offices — should be consolidated will be ongoing “for the next several months.”

“The Attorney General and Lieutenant Governor Sheila Oliver must stand up to stop this development project from moving forward at this time. The project itself will increase flooding, pollution, and traffic problems while costing the residents of Lambertville. The meetings are being held during a public health emergency, which means that live-streamed meetings discriminate against people without computers or internet access. This project moving forward will exacerbate financial issues in Lambertville, especially during this time of economic instability. This is a low move to push forward a project that will change the character of the town for future generations during a period when the public has virtually no ability to comment on it,” said Jeff Tittel, Director of the New Jersey Sierra Club. “This is a violation of due process and the intent of the law that allows towns to carry on essential business for dealing with the coronavirus, not take care of developers.”

NJSC Letters to the Attorney General’s Office and the Department of Consumer Affairs below:
________________________________________________________________

Gurbir S. Grewal, Attorney General
New Jersey Office of the Attorney General
25 Market Street, P.O. Box 080
Trenton, NJ 08625-0080
April 7, 2020

Re: Concern that City of Lambertville is Moving Forward with Controversial Development Project During the COVID-19 Health Emergency

Dear Attorney General Grewal,

We understand that you are very busy during these trying and unprecedented times. Governor Murphy’s Administration has taken strong action during this public health emergency. Executive Order 103 declared a State of Emergency and a Public Health Emergency, Executive Order 104 announced aggressive social distancing measures, and Executive Order 107 directs all New Jersey residents to stay at home until further notice. On March 20, 2020 Governor Murphy signed P.L.2020, c.11., which states that “a public body providing only electronic notice of a meeting pursuant to this subsection shall limit public business discussed or effectuated thereat to matters necessary for the continuing operation of government and which relate to the applicable emergency declaration.”

Despite these measures, the City of Lambertville is trying to use the coronavirus emergency to push through controversial projects, including a development project in an environmentally sensitive area. This is in direct violation of P.L.2020, c.1.1. because this project is not related to keeping the government running or addressing the public health emergency. They need to be held accountable for their actions and must not be allowed to move forward until the coronavirus crisis is over.

During their regularly scheduled session on April 23rd, The City of Lambertville wants to move forward with an ordinance to set up a redevelopment plan for multiple large tracts of land. According to the agenda, “Ordinance Number 01-2020: an ordinance of the City of Lambertville. County of Hunterdon, State of New Jersey amending the Redevelopment Plan for the Lambertville High School Redevelopment Area, Block 1073, lots 1, 3, 5, 6, 7, 8, 9, 10, 11, 32, 33 and 33.01, block 1090, lots 4 AND 5, and block 1091, lots 1 and 1.01.”

We are concerned because it would put a redevelopment zone on top of the City’s police station and a 4-acre tract so that the city can sell it to a developer. As part of that zone they want to put a 5-story apartment building next to Alexauken Creek, which is a C1 stream and has a 300-foot buffer. Once the police station is gone, the City Council will need a new location for the police station. They want to use this ordinance as an excuse to force the City to pay for a $14-16 million City Hall Complex.

This project takes away from important work that the City of Lambertville needs to be doing to deal with this health emergency and the finances of Lambertville. The City should be concentrating on dealing with the economic and public health impacts of the COVID-19 outbreak. It makes absolutely no sense to spend $14 million on building a new City Hall Complex at a time of financial uncertainty when unemployment is rising. Hundreds of people in our community have been laid off, dozens of businesses are closed, and people don’t know how they will pay the mortgage or rent while they have been told to shelter in place. Moving forward with this development project is an unconscionable move by an out-of-control mayor and city council.

They are live-streaming the meeting, which is unfair and discriminatory because people must have computers and internet access to participate. People who are disadvantaged, including low-income, elderly, handicapped, non-English speaking, and others do not have access to computers or do not have internet access at home. Families coping with distance learning for children, or multiple family members working from home at once, strains internet bandwidth and access to computers at home. There are many people in Lambertville who are opposed to this project but cannot participate because of more pressing concerns about the health and safety of their family, their jobs or their finances during this pandemic. The meeting will be held via Zoom, which is easily hijacked and limits the number of participants. This process is undemocratic and unsafe.

Given the seriousness of the COVID-19 outbreak, and the fact that this development project does not directly affect the running of the government or the public health emergency, we believe that the City of Lambertville should postpone voting on this issue. The public’s right to participate in government decision-making is critical at all times. This project will promote growth and will change Lambertville forever. It will also exacerbate financial issues in the City, especially during this time of economic instability. This issue should be put on hold until freely accessible public input can once again be included.

If you have any questions, or if there is any additional information that I can provide, please feel free to call me at (609) 558-9100.

Sincerely,

Jeff Tittel
Director of the New Jersey Sierra Club

______________________________________________________________

Lt. Governor Sheila Oliver, Commissioner
New Jersey Department of Community Affairs
101 South Broad Street, PO Box 800
Trenton, NJ 08625-0800
April 7, 2020

Re: Concern that City of Lambertville is Moving Forward with Controversial Development Project During the COVID-19 Health Emergency

Dear Lieutenant Governor Oliver,

The people of New Jersey are facing trying and unprecedented times. Governor Murphy has taken strong action and declared a State of Emergency. All residents in New Jersey have been directed to stay at home under Executive Order 107, and P.L.2020, c.11., which was signed into law on March 20, 2020, states that “a public body providing only electronic notice of a meeting pursuant to this subsection shall limit public business discussed or effectuated thereat to matters necessary for the continuing operation of government and which relate to the applicable emergency declaration.”

We are concerned because the City of Lambertville is trying to opportunistically use the coronavirus health emergency as cover to push through controversial projects, including a development project in an environmentally sensitive area. This is in direct violation of P.L.2020, c.1.1. because this project is not related to keeping the government running or addressing the public health emergency. This also goes against the guidance of the Department of Community Affairs. Therefore, it should not be allowed to move forward until the coronavirus crisis is over.

During their regularly scheduled session on April 23rd, The City of Lambertville wants to move forward with an ordinance to set up a redevelopment plan for multiple large tracts of land. According to the agenda, “Ordinance Number 01-2020: an ordinance of the City of Lambertville. County of Hunterdon, State of New Jersey amending the Redevelopment Plan for the Lambertville High School Redevelopment Area, Block 1073, lots 1, 3, 5, 6, 7, 8, 9, 10, 11, 32, 33 and 33.01, block 1090, lots 4 AND 5, and block 1091, lots 1 and 1.01.”

We are concerned because it would put a redevelopment zone on top of the City’s police station and a 4-acre tract so that the city can sell it to a developer. As part of that zone they want to put a 5-story apartment building next to Alexauken Creek, which is a C1 stream and has a 300-foot buffer. Once the police station is gone, the City Council will need a new location for the police station. They want to use this ordinance as an excuse to force the City to pay for a $14-16 million City Hall Complex.

This project takes away from important work that the City of Lambertville needs to be doing to deal with this health emergency and the finances of Lambertville. The City should be concentrating on dealing with the economic and public health impacts of the COVID-19 outbreak. It makes absolutely no sense to spend $14 million on building a new City Hall Complex at a time of financial uncertainty when unemployment is rising. Hundreds of people in our community have been laid off, dozens of businesses are closed, and people don’t know how they will pay the mortgage or rent while they have been told to shelter in place. Moving forward with this development project is an unconscionable move by an out-of-control mayor and city council.

They are live-streaming the meeting, which is unfair and discriminatory because people must have computers and internet access to participate. People who are disadvantaged, including low-income, elderly, handicapped, non-English speaking, and others do not have access to computers or do not have internet access at home. Families coping with distance learning for children, or multiple family members working from home at once, strains internet bandwidth and access to computers at home. There are many people in Lambertville who are opposed to this project but cannot participate because of more pressing concerns about the health and safety of their family, their jobs or their finances during this pandemic. The meeting will be held via Zoom, which is easily hijacked and limits the number of participants. This process is undemocratic and unsafe.

Given the seriousness of the COVID-19 outbreak, and the fact that this development project does not directly affect the running of the government or the public health emergency, we believe that the City of Lambertville should postpone voting on this issue. The public’s right to participate in government decision-making is critical at all times. This project will promote growth and will change Lambertville forever. It will also exacerbate financial issues in the City, especially during this time of economic instability. This issue should be put on hold until freely accessible public input can once again be included.

If you have any questions, or if there is any additional information that I can provide, please feel free to call me at (609) 558-9100.

Sincerely,

Jeff Tittel
Director of the New Jersey Sierra Club

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