Local Awareness and Unanswered Questions

To our pleasant surprise this morning we received a call that said to check out the Barista, the local, independent (keyword here) news source, which we would have done at some point in the day anyway.

There was an article, unprompted by anything but the discovery of our blog, detailing our blog and the issues at hand. The telling part was the debate occurring in the comments area of the article, and the number of posts that occurred over such a short time.

The debate went back and forth about the fairness involved in the entire process.

Let's review some key issues here.

The issue here is not, and never has been, whether or not redevelopment should occur. The sign on our front door which has been there for months and was photographed by the Star Ledger should make that clear. The sign reads "Help Revitalize Bloomfield the Organic Way - Support Local Business."

If this process is fair, then some questions need to be asked:

• Why do I have petition signatures from hundreds of local community members (representing near 90% of the people that enter this store) declaring the following:
  "By signing this petition I declare that I do not support the misuse and abuse of the eminent domain laws by the township of Bloomfield in the downtown / center area. This abuse has been documented and challenged in courts. A law in place for the public good should NOT benefit private developers!"

• Why are the owners of the properties on the other sides of the tracks being prevented from their own redevelopment plan because Forest City is the "official" agency of the town (and also a private, for-profit corporation)?
  
  
• Why is an area zoned as "redevelopment" for five years before a project gets off the ground, making a documented and clear impact on market values? These market values are then considered the "fair" values of the properties, even after being desolated
  
  
• Why were businesses left out of the new plans with no space for them, and then promised relocation assistance under New Jersey state law, only to move and be left with thousands of dollars in unpaid expenses that the town is liable to cover under the law?
  
  
• Why did a county court judge prevent the town from condemning its first set of properties because she felt the plan did not justify the move AND there were too many suspicious interests?

Sadly these are just the tip of a VERY big iceberg of questions left unanswered. The most telling part is the lack of response from ALL OF THE PARTIES who received a letter requesting information sent four weeks ago.

The Only News That Matters - The People

So I got the only news that matters today, the voices of the people. The postman, who knows this area inside and our for years, and speaks to every single business owner daily, has confirmed that Bloomfield township was out to get this area, and has nearly won.

My amazingly kind postman said that three more businesses closed, and every business confirmed their holiday season was the worst in years (possibly ever). He confirmed that there were no people in sight, that he has no idea where all the people have gone. He mentioned how absurd the holiday meter cover up (lack thereof) was and how that truly affects people coming down here.

So there we have it, from the voices of the business owners, the people who work here every single day - Bloomfield has nearly officially slaughtered its downtown.

What a lovely, foggy day this is.

P.S. - No response from the mayor, the zoning board, the neighborhood association, or the development consultants on a letter sent last week.

Odd Update Results in Questions

An odd update from this weekend's local press (The Star Ledger) is making less and less sense of the situation. To briefly summarize, the area on the other side of the train tracks in downtown was to be the first condemnation. Back in August condemnation by eminent domain was not approved by the judge, who cited lack of justification and problematic redevelopment planning / set up (anyone could have told you that). Now the property owner wishes to redevelop it himself, but the town doesn't approve of this idea, saying they are not the approved developer (who happens to be a New York based multi billion dollar company). All I see are dollar sign intentions, and little discussion of the actual process here. Yet again, redevelopment and the actual process of revitalizing the area gets politicked and flavored with greed.

The article also claimed that the project was moving ahead with construction after the New Year - what project? Is this my area? Does anyone think to tell those of us there the status? It has prompted me to write a letter to all town officials, the redevelopment consultants, the developer, and the center alliance for an official status. I have many lawyers now reviewing the details of the case and hope that they begin to tell me what my own rights are, but now it's time for an official statement to me, a local business owner.

Check out the article from http://www.baristanet.com:

Eminently Reasonable?

Here's a novel idea: instead of government leading a downtown revitalization and kicking out the current property owners by means of eminent domain, why not let the property owners plan their own revitalization? That's the concept behind a new proposal by 110 Washington Associates, which wants to build a 10-story condo tower behind the Bloomfield train station.

110 Washington Associates, you may remember, successfully sued the township of Bloomfield over the condemnation of its property, and put a halt to Bloomfield's downtown revitalization plans last August.

Mayor Bloomfield Raymond McCarthy, as quoted in Sunday's Star Ledger, doesn't like the new proposal.

But condos built by 110 Washington Associates are not part of the township's redevelopment plan, said Mayor Raymond McCarthy.

"(The company) could build that if they were given developer status," he said. The designated developer for the 13.5-acre redevelopment zone is New York City-based Forest City Residential.

Since 110 Washington Associates is not the developer, McCarthy said, they can't built residences on that property. Currently the area is zoned for industrial or retail uses.

"This is an attempt in futility," McCarthy said of the company's plans. "I would think this is called posturing."

We're not the Amazing Kreskin, but in the battle between 110 Washington Associates and Mayor McCarthy, our money is on 110 Washington Associates. One of its principals, David Mandelbaum, is number 384 on Forbes magazine's list of the 400 richest Americans.

Couldn't Be Said Any Better

From www.baristanet.com, a local independent news source. This comment could not have been said any better - I couldn't even make something up this good. In response to an article on the meters not being covered in Bloomfield, someone noted:

"Thanks for the head's up. I'll make sure to do all my remaining holiday shopping in Montclair and not risk a ticket. If I was a Bloomfield merchant I'd be up in arms. What idiots.

Posted by: *(removed for anonymity)* | Dec 22, 2005 7:43:30 AM"

The People on the Street and the Torment of the Holidays

It's been a while, because some tough decisions have been made, and some shame has come from being a business owner who cannot fulfill all of his financial obligations at this time. I take responsibility for much of that, but I truly cannot be responsible for the struggles that have been placed on top of the first year struggles due to the town, construction, redevelopment, and legal nonsense.

It has been just over a year now, and it may have to come to an end. This is hard and tragic. I spoke to the parking authority individual today who came into my store last week and bought a very successful present she said. She is lovely, and she is struggling too. She came on board with Bloomfield to work with the parking complex / deck that was to be built, and is now doing something far different, waiting in limbo as well, she says.

The people here on the street are have such different experiences, I wonder how a mayor or the council in such a small town can be oblivious to that. Obviously dollar signs are blinding in this town, as all you have to do is walk down Washington Street and ask three random people, and you will have three very different, very interesting experiences, all of which conflict with what the town says and does.

The parking meters are not getting covered for the holidays this year, it was a huge majority vote that shot that down. Why I wonder? Every other town does it to encourage shopping in the area. With such a dying area, I understand many of the spaces will be occupied by people other than shoppers (trust me, I understand that, and hope to change that too!) but if it even attracts a dozen shoppers in the week before Christmas, you are providing a dozen more customers to the local businesses. This in turn revitalizes them, sustains them, and constructs a cycle of giving back to the community, and there is where redevelopment comes in. I am not living in a fantasy world where redevelopment is easy, simple, and idealistic. I do, however, believe that little things like the parking meters show the upper crust's lack of consideration for the people actually living, working, and dealing with this area.

There is no push for it to work.

Yesterday I went into a local restaurant and discovered they had a holiday brochure published by Bloomfield with a map of this area and its businesses. I am listed, but had no idea. This is something I would love to see sent out to people. I would love to have it available in my store - to create a community, to guide people into the area. Sadly, I found one copy at one restaurant, and that was the extent of Bloomfield's marketing campaign.

The holidays are torment. They should be busy, but the malls may have stolen much of the traffic. Yet the malls have been around for years, and do not change year to year. If anything, the feedback I get from people is that shopping at major stores is a headache, and they want local, community stores. They want to support their community, purchase unique goods you can't find anywhere else, and shop with people who know them and care.

They want this. People are willing to do this. The town, on the other hand, has no idea how to pay attention to this and what this means. For this reason, Bloomfield, at least for the foreseeable future, will not have this. They will be denied a community of culture, reciprocity, and mom and pop shops. As I watch my neighbors who have been here for years having the same struggles I have as a new business, I have to wonder why. There are so many reasons, but the bottom line is, no one cares. If they did, it would be different. If those with power were in touch with those without it, this place might be slightly different. I would advocate redevelopment if I was not harassed, strong armed, pressured, manipulated, and damaged by this situation from the get-go. This is where the failure will come from - because people do not go silently, people do not ignore this, and I have hope that people will prevail.

Sadly, victory from the bottom up always take much longer.

Jersey City / ACLU Give Hope?

This article may have provided hope, though the religious undertones make the analogy to Bloomfield arguable for the ACLU. It seems, to summarize, the ACLU stepped in to prevent the city of Jersey City from taking a restaurant building for the construction of a Catholic school. If only the ACLU would step in to declare to Bloomfield that stripping us of our rights is not an appropriate way to "develop" an area.

I am in touch with lawyers and this process takes time. I am concerned because the process seems to have misled and violated each of us. The town actually sent redevelopment "thugs" (to use the terminology of a business link who is also a friend) and this is where the line seems to have been crossed. People left - an entire building was vacated. People were promised things that never came. I lost money, time, and resources searching frantically for a new space. This does not include the psychology of the issue, but that is too intangible for discussion right now. Aside from all of this loss, I lost business. And for all this I may lose my business. I have documented decline in numbers of sales and customers from the time that this occurred. Local businesses left, and with them the people who came into this area. The atmosphere of the area changed - if I had even just a penny for every time someone came into the store and spoke of the terrible area, the nonsense occurring, and the terrible view it creates of this area, I would be making all of the money I lost, and then some.

This violation never seems to end, and with the court delays and cap put on development by the town, it seems like we are all frozen in time, left scattered to the wolves. But this time, the wolves are other people trying to do business - vendors, landlords, utilities all trying to do business and collect what they are owed.

Somehow my original business plan, created with an experienced business plan consultant, did not account for the suppression, oppression, and slaughter of the area by the town. Next time I will know better.


Star Ledger Article from Saturday 11/05/2005:

Mayor won't seize restaurant to aid school

Jersey City withdraws eminent domain for football-field expansion

Saturday, November 05, 2005

BY MATTHEW REILLY

Star-Ledger Staff

Jersey City Mayor Jerremiah Healy pulled the plug yesterday on the city's role in the proposed condemnation of a restaurant and bar to make way for an expanded football field at a Catholic high school.

The city's redevelopment agency was attempting to seize the Golden Cicada and backroom apartment where owner Cheng Tan lives so the city could then turn the property over to St. Peter's Prep, which wants to expand its practice football field. Healy said he was withdrawing the city from the eminent domain action.

"I support eminent domain where it is necessary and benefits the community as a whole," he said last night. "There are instances when the city's taking of private property for public purpose is appropriate, but this is not one of those instances."

Tan said he is happy the city has dropped its effort to condemn his property, but is still worried that changes in the property's zoning will limit what he can do with it.

"It's a good first step, but the issues are not resolved yet," Tan said. "The zoning was changed to prevent me from doing anything. That's the whole problem. My property will never have its highest and best use. I don't know who would benefit from the property other than St. Peter's. It's another thing I have to talk to my attorney about."

The school argued it had spent $4 million and years acquiring property for needed athletic fields and was being unfairly held up by Tan. St. Peter's built a new football field adjacent to the Golden Cicada, but the field is seven yards shy of regulation and must be lengthened for the varsity team to play its home games there.

The president of the school, the Rev. James Keenan, has said he had offered to buy the garages in the rear of the property, which would have given the school the needed room without affecting the restaurant and bar, but Tan refused.

Keenan could not be reached for comment last night.

The school is still free to negotiate with Tan to buy the property and extend its field, but it no longer has the backing of the city redevelopment agency -- and the threat of eminent domain -- behind it.

The redevelopment agency had offered $550,000 for the property, plus relocation costs. The liquor license could also be sold for about $150,000, city officials said. But Tan believes the 5,000-square-foot property is worth much more, as it is located next to booming real estate.

Tan said he has considered building condominiums there, and thousands of units are under construction or planned in the neighborhood.

Bill Matsikoudis, the Jersey City corporation counsel, said with the school and the redevelopment agency formally declaring they will not proceed with the eminent domain action, the agency can withdraw from the litigation and Tan will have title to the property.

Tan was represented by lawyers for the American Civil Liberties Union and Rutgers Constitutional Litigation Clinic, who argued the city redevelopment agency was violating the constitutional prohibition on favoring a religion.

Ed Barocas, ACLU legal director in New Jersey, said it is inappropriate for the government to take land from one person to give to another, and even more inappropriate to benefit a specific religion.

Healy said he was eager to settle the issue, which he said he inherited from a past city administration.

Official Update - No Status

After being away and returning to the tormented state of ambiguity, here is a little bit more official ambiguity. Essentially this all means that the project is in severe question, to be delayed for months, even years. Yet somehow the town feels okay preventing local owners from developing their own properties in the meantime. If this isn't an intentional slaughter I don't know what is.

I've contacted a lawyer friend to help me and local merchants "left behind" to find out our rights - I sit here with a slaughtered business (the numbers can prove this) and a letter from the town's legal reps explaining that I am due certain relocation assistance. I am suffering and have seen none of this - do I have any right?

Bloomfield loses speed in condemnation appeal. This just in, from a press release, issued by attorneys Carlin & Ward of Florham Park:

Judge Barbara Byrd Wecker of the Appellate Division signed an order denying two motions filed by the Bloomfield in Township of Bloomfield v. 110 Washington Street Association. The order was filed on October 24 with the Superior Court of New Jersey. The township asked the court to accelerate their appeal of an earlier decision made by Essex County Assignment Judge Patricia Costello, who threw out Bloomfield’s condemnation complaint against 110 Washington Street in August. In a second motion, Bloomfield asked to supplement the record with additional letters and affidavits that were not submitted earlier to Judge Costello. Both requests were denied.

The appeal will proceed in accordance with the original scheduling order set by the court which stipulates that all briefs and replies must be filed by December 5, 2005. This will set back any implementation of Bloomfield’s redevelopment project for at least a year while the case goes through the appeal process. Bloomfield has refused to move forward on any other cases involving eminent domain or relocation while the appeal is pending.

In another action, the township denied property owner Alessandro Lardieri the building permits required to finish approximately 3000 square feet of his building at 622 Bloomfield Avenue. The township rejected Lardieri’s application, premised on its redevelopment plan and agreement with Forest City Ratner, which gives the redeveloper all redevelopment rights over properties within the redevelopment area.

Ticketing To Death

As if the structural harassment that has occurred for so long in this area has not been enough, the town is now actively trying to ticket the community into surrender.

Customers fear the reaper (meter maid) and run in and out of the store, worried that their meters expired or they ran out of quarters to feed them with. I am at a constant low of quarters, if I even have them, trying to help people feed the overprice meters to avoid the ticketing folks, who while just doing their job, are doing it in such a way that no one can really be here at their leisure.

In Montclair, two towns over, a center of commercial development and traffic, a similar problem used to occur. Parking was sparce, meters were expensive, and ticketers were out in full force, even to the point of waiting for meters to expire or pre-writing tickets to be ready at anytime. The highly populated, highly commercial area was up in arms - and finally this past summer, Montclair officially announced they would provide people with a grace period, so that drivers could not be ticketed until their meter was expired for a certain amount of time. This is a wonderful solution to encourage shopping, parking, and exploration of the community.

Instead, we have tickets here in Bloomfield being written by the dozen - what a cash crop that must be! Some tickets are written minutes after the meter expired, if that. One source went to court to try and contest it for this reason, and reports that only certain demographics of people were getting the tickets cancelled. Very interesting way to maintain a commercial district if I do say so myself.

Meters in place are a good idea to avoid commuters parking there for long periods of time. Bloomfield is even gracious enough to have 12 hour meters available for those commuters who need them. Then suddenly meters started vanishing inexplicably. With no word whatsoever, meters in the parking lot behind my storefront were gutted and turned into permit parking only. Suddenly half the spaces have been removed for patrons, and no one knows why.

This is all, from an ubran design perspective, a very intelligent way to create a community of shoppers and people who really want to be in the Bloomfield Center district. Note the biting sarcasm. Without an attempt to foster a community, it will simply die. It becomes more and more evident daily that death of this community is really what makes the town officials all warm and tingly inside. Too bad there are people living here and trying to make a living here.

Redevelopment Stall Article

So there's another article. Sadly not everyone is represented again, but at least this time it sounds like the writer actually visited the area. She represented the voices of a building owner next door who lost all of his tenants and owes taxes on a building that provides him with no income at this point.

It is terrible and insane. There is a salon two doors down from me that moved when we were first strong armed in the Spring. They are $10,000 in debt from the move and have received none of it, as promised. It makes me wonder if moving then would have been a blessing or not. I'm stuck here. Maria (the tailor) and I discuss how terrible business is. How no cars come by. How residents stop in to discuss how depressing it is. That state of mind is really not the best for customers.

So where are the voices of those of us left here hanging on? As of now, on this side of the block (the first to get "redeveloped") there are only two. Two of us. And no one has heard from us yet. Finally the people that moved and got screwed are being heard. I am glad for that. It makes me realize I am not alone in my hard place - a suffering business that may never recover. I myself have had to take on other jobs to support myself. The business had accounted for classes, for long term advertising, for lots of things that I have been unable to commit to thanks to the town's fantasies over dollar bills.

Move? What an investment. I would need help, and it is clear now that those who thought they would get help were wrong. Close? I would lose such a part of me and walk away with so much debt from these last few months - again assistance would be helpful. Stay open? I am defaulting on so many of my financial obligations I can't even afford a telephone anymore. It is near impossible to be here, but near impossible to move on.

This is supposed to be my life, my passion, my business. This is supposed to be a community of local supporters, patrons, businesses, and more that all contribute to culture. The culture now is my suffering shop and the homeless people on the street being harassed who I do everything I can to help. I understand more about displacement now and I refuse to allow people to be displaced from the only place they have left.

The town has chosen money over its own people in so many ways.

Timeline

To catch everyone up to date, here is a timeline of what I have experienced here - some experiences are similar. Some are worse and some are better - but everyone can find something to understand. Try and find something to ignite passion - and stand up to beauracrats and profiteers who don't care about people.

Timeline:

February 2005 - Frequent visits from two representatives of Philips, Press & Shapiro real estate consultants. The whole thing is very vague and frankly very harassing. The two representatives strolled in and tried to strong arm me about the move. It would be happening immediately, I should prepare to go. I should invest resources (time and money) in a search for a space, I will be reimbursed for this as per New Jersey state law.

March 2005 - Approach redevelopment consultants (or whatever it is they think they do, which is represent the interests of the financeers / town) with questions about advertising. What date will I be out? I need to know because I have a huge 1200 square foot space. 500 sf of that is used for retail - the balance was intended for use with classes and massage services. I was told to go ahead and advertise but that May was coming soon, be aware I would be out then. This prevented me from signing advertising contracts. This is the final redevelopment communication on behalf of the town / developers.

April - August 2005 - I invested money, time, energy, and resources into a search. It proved fruitless, with the investment coming up with only spaces that were not an appropriate size or were not an appropriate rent. I never received the real estate broker assistance I was promised. Additionally, I start a petition to inform people in the neighborhood about this tragedy. Most people knew, or were familiar, with this process. I received over 75 signatures in a short time I had it out on the counter. Meanwhile the courts prove to be failures in the support for the community as more and more court rulings (including the supreme court) favor developers over people. Again, money over community. Meanwhile the newspapers provide no accurate representation of the scene down here. I contact the local paper, am promised a voice, and never hear back from them again.

August 2005 - I contact the developers with a formal letter to all representatives I have the contact information for. The letter states that business has suffered greatly over the summer. All businesses have left, the parking situation has been dismantled with changes and meter increases, and my tailor neighbor and I are left to suffer with little no business. Even comparatively speaking, the affects are clear. I contact them for the assistance promised under the New Jersey state law, which I even have spelled out in a letter from the town's lawyers. I never hear back. Meanwhile a county superior court judge does not find it appropriate to condemn the first building - a vacant warehouse. This creates a major stall - if a vacant building is not justified, how will our building be justified? The judge cites things most of us already knew - there are too many vested interests (zoning officials on redevelopment boards) and a lack of support for condemning this area as "in need." The official response is still a go, but the reality is different. They have fallen off the radar.

Welcome

Welcome! (Please read this)

So here we are, trying to use the democratic voices available on the internet to salvage what is left of our business in Bloomfield, New Jersey.

I am Guido Sanchez, owner of Nagual Spirit, a gift shop in Bloomfield Center in New Jersey. For the last nine months I have been slaughtered by the spectre of redevelopment in this community.

I am not just here for my own business, though any journalists, lawyers, advocates, publishers or anyone who wants to reach out to us and help, we sure could use it. I am here to be a voice for the community. Communities around the country who are being slaughtered for profit.

I have been inspired by neighbor (who you will hear more about), the older tailor, whom has been here for years and has nothing else to move on to. I have been inspired by the people who come in with their support. And above all I have been inspired by the crap the town has put us all through - without a second thought. The idiotic, insane, illogical, and unfair practice which will shut down this town in the name of bigger bucks.