RFP for marina prohibits water taxis and gambling boats, but not booze cruises

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May 7, 2015- By Steven E. Greer

At the May 5th CB1 meeting, the Brookfield and IGY Marinas team gave an update on the marina and explained why the marina is empty this seasons. The presentation was upsetting to many in the audience for a variety of reasons. One of them was the mention by David Cheikin, Senior Vice President for Leasing at Brookfield Office Properties, that they “Liked the idea” of allowing the large noisy booze-cruise ships to dock at the marina.

BatteryPark.TV reviewed the original RFP issued by the BPCA, and booze-cruises are not prohibited. Only gambling boats and water taxis are prohibited.

However, there is a provision to prohibit noise from the boats, “Except while boarding, no motors may be operated or loud music played while boats are docked. Unreasonable noise is not permitted. Operator shall not permit the level of noise on any boat to exceed the decibel levels set forth in the License Agreement or such lower level that BPCA may from time to time designate as posing a risk of unreasonable disturbance or interference with other Boat Owners or persons in the Marina or Battery Park City. Operator shall insure that Boat Owners use their best efforts to eliminate all exterior noise within two minutes of entering or leaving the Marina.”.

While this might prevent some of the more egregious noise, the problem that emanates from boats, such as Hornblower, is the music that kicks in when they are out in the Hudson River. Also, the people on the boats come back to shore highly intoxicated, and create noise.

Unless the community musters up another campaign to stop the booze-cruises, similar to the effort launched that saved the marble stairs in the Winter Garden, the Canadian bullies of Brookfield will likely ram this noise nuisance down the throats of BPC residents. Please post your comments. Would you support a petition, or even a boycott of Brookfield Place shops, as a measure to keep booze-cruises away?

From the RFP:

Prohibited uses and vehicles include:

1. Transportation uses such as water taxis and ferries.
2. Gambling, vessels used for the purpose of gambling outside of the Marina, orvessels for the purpose of providing transportation directly to casino or other gambling destinations, or to other modes of transportation serving such destinations.
3. Jet skis and other motorized personal watercraft.
4. Boats used for parasailing, speed boat rides or providing transportation to such boats or staging areas with respect thereto.
5. Swimming and water sports.
6. Any activity that could jeopardize the designation of the Marina as a “Public Access Facility” by the United States Coast Guard.
7. Use of upland areas (including the upper plaza) unless specifically approved in advance and in writing by BPCA.
8. Although the terms of leases with vessel owners and Operators are at the discretion of Operator, subject to limitations contained in the License Agreement, no boats will be allowed to remain in the North Cove Marina during the winter months (December – March) unless appropriate measures are taken for winterization.

Enjoyment of the Marina

1. Operator shall not cause or permit any action or condition that would be hazardous to or would unreasonably interfere with the rights, peace or enjoyment of any person inthe Marina or Battery Park City. Objectionable noise, exhaust, and impacts fromvessel lights on the surrounding neighborhood are not permitted.
2. Except while boarding, no motors may be operated or loud music played while boats are docked. Unreasonable noise is not permitted. Operator shall not permit the level of noise on any boat to exceed the decibel levels set forth in the License Agreement or such lower level that BPCA may from time to time designate as posing a risk of unreasonable disturbance or interference with other Boat Owners or persons in the Marina or Battery Park City. Operator shall insure that Boat Owners use their best efforts to eliminate all exterior noise within two minutes of entering or leaving the Marina. Equipment and operations under the control of Operator must not exceed the decibel levels described above. Control of noise in the Marina is a matter of great concern to BPCA. If in the good faith judgment of BPCA Operator is not making sufficient efforts to control noise as set forth in these Guidelines, BPCA may prohibit boats entering or leaving the Marina between the hours of 10:00 p.m. and 1:00 a.m. for such period as BPCA deems reasonable given the circumstances of such failure by Operator.