Commission Meeting

of

STATE HOUSE COMMISSION

LOCATION:

Committee Room 14  
State House Annex 9:00 a.m.
Trenton, New Jersey

DATE:

March 10, 2003
 

 

MEMBERS OF COMMITTEE PRESENT:

Paul Josephson
(Representing Governor James E. McGreevey)

Senator Walter J. Kavanaugh, Chair

Senator Bernard F. Kenny Jr.

Assemblyman Anthony Impreveduto

Assemblyman Michael J. Doherty

Charlene M. Holzbaur

Robert L. Smartt
(Representing John E. McCormac)

 

 

ALSO PRESENT:    
     

Edward R. McGlynn, Secretary

   
Robert J. Shaughnessy Jr., Counsel    
     


                                                     

Meeting Recorded and Transcribed by
T
he Office of Legislative Services, Public Information Office,
Hearing Unit, State House Annex, PO 068, Trenton, New Jersey


 

SENATOR WALTER J. KAVANAUGH (Chairman): Good

morning. This is the State House Commission Meeting, March 10, 2003.

There are agendas available on the table for anyone who cares to have one.

Weíll call the roll, and Iíll have one comment to make.

MR. McGLYNN (Secretary): Assistant Treasurer (sic) Smartt.

DEPUTY TREASURER SMARTT: Here.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Here.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Here.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Here.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Here.

Weíve met the Open Public Meetingsí Act. Everything has been

published. But Iíd also like to mention once again, for the purposes of

recording, under New Business weíre going to hold Nos. 2, 4, 5, 6, and 7, and

also 21, as we get started.

MR. McGLYNN: We need a motion on the minutes.

SENATOR KAVANAUGH: Could we have a motion on the

December 12 minutes, please?

CHIEF JOSEPHSON: So moved.

DIRECTOR HOLZBAUR: Second.

SENATOR KAVANAUGH: Itís been moved and seconded.

Roll call.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: Item No. 3, under New Business, RPR No.

97-18, Block 26001, Lot l, in Montgomery Township. The Department of the

2

Treasury requests approval to enter into negotiations with the Township of

Montgomery to dispose of the North Princeton Developmental Center in

Somerset County. The Real Property Review Clearance was completed on

August 4, 1998, with three agencies expressing interest with the proposed action.

If mutually satisfactory purchase terms are agreed upon, the specific terms will

be brought back to the Commission for approval.

SENATOR KAVANAUGH: Anyone here in opposition? (no

response)

Okay, could we--

CHIEF JOSEPHSON: Iíll move that we approve the item.

DEPUTY TREASURER SMARTT: Second.

SENATOR KAVANAUGH: Itís been moved and seconded.

Roll call.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Assemblyman Impreveduto. (pause)

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Weíre on Item No. 3. (laughter)

Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: Weíre now going to Item No. 8. RPR No.

03-11, Block 154, Lot 19, Totowa Borough, in Passaic County. The

Department of the Treasury, on behalf of the Department of Human Services,

requests approval to lease a house located on the grounds of the North Jersey

Developmental Center to the Devereux Foundation, New Jersey Treatment

Network, the lease for a five-year term, with three five-year renewals. Since the

lease directly benefits the State, the annual rent will be $1 per year.

SENATOR KAVANAUGH: Anyone here opposed? (no response)

Can we have a motion, please.

CHIEF JOSEPHSON: Iíll move the item.

ASSEMBLYMAN IMPREVEDUTO: Second.

3

SENATOR KAVANAUGH: Moved and seconded.

Roll call.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Senator-- Iím sorry.

Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: I like that.

Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

SENATOR KAVANAUGH: Number 9.

MR. McGLYNN: RPR No. 03-12, part of Block 26001, Lot 1;

Part of Block 25001, Lot 27; Block 27001, Lot 7; in Montgomery Township,

Somerset County. The New Jersey Department of the Treasury requests

approval to place property located on the grounds of the North Princeton

Developmental Center in the Farmland Preservation Program. The first parcel

is 200 acres, the second parcel is 215 acres, and the third parcel is 195 acres.

SENATOR KAVANAUGH: Anyone here in opposition? (no

response)

Could we have a motion, please.

CHIEF JOSEPHSON: Iíll move that item.

ASSEMBLYMAN IMPREVEDUTO: Second.

SENATOR KAVANAUGH: Roll call.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

4

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

Assemblyman, would you like to be included on the first items that

we passed on?

ASSEMBLYMAN DOHERTY: Yes, Mr. Chairman.

SENATOR KAVANAUGH: And also, Assemblyman Impreveduto?

ASSEMBLYMAN IMPREVEDUTO: Yes.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: Congratulations. I think this is the first time

that weíve had a full complement here.

Item No. 10, RPR No. 03-14, Block 104, Lots 1 and 2; Block 105,

Lot 2.01; in Chesterfield Township, Burlington County. The New Jersey

Department of the Treasury, on behalf of the Department of Corrections,

requests approval to grant a permanent easement and temporary construction

easement to Transcontinental Gas Pipe Line Corporation for the installation and

maintenance of a natural gas pipeline on the grounds of the Albert C. Wagner

Youth Correctional Facility.

SENATOR KAVANAUGH: Anyone here in opposition? (no

response)

ASSEMBLYMAN IMPREVEDUTO: Moved.

SENATOR KAVANAUGH: Moved and seconded.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

5

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

Number 11.

MR. McGLYNN: RPR No. 03-15, Block 13, Lot 38, Clinton

Township, in Hunterdon County. The New Jersey Department of the Treasury,

on behalf of the Department of Corrections, requests approval to dispose of

vacant land on the grounds of the Mountainview Correctional Facility to the

Township of Clinton for the realignment of Petticoat Lane. The property has

been sold, hopefully, to Clinton Township for fair market value, to be

determined by an appraisal.

SENATOR KAVANAUGH: Anyone here in opposition? (no

response)

Motion, please?

ASSEMBLYMAN IMPREVEDUTO: Moved.

CHIEF JOSEPHSON: Second.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

Number 12, please.

MR. McGLYNN: RPR No. 03-16, Block 157, Lot 34, in Marlboro

Township, Monmouth County. The New Jersey Department of the Treasury

requests approval to dispose of approximately 130 acres of farmland located on

the ground of the Marlboro Psychiatric Hospital. The property will be sold by

auction, through the State Agricultural Development Committee, at a value to

be determined. The State will sell the farming rights and retain the development

rights.

6

SENATOR KAVANAUGH: Anyone here in opposition? (no

response)

Motion.

ASSEMBLYMAN IMPREVEDUTO: Moved.

CHIEF JOSEPHSON: Second.

SENATOR KAVANAUGH: Moved and seconded.

Roll call.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

Number 13, please.

MR. McGLYNN: RPR No. 03-18, Block 95, Lot 1, Woodbridge

Township, in Middlesex County. The New Jersey Department of the Treasury,

on behalf of the Department of Corrections, requests approval to dispose of a

0.858 acre parcel of land to the Department of Transportation for a public

roadway improvement, which is a bridge improvement project. The property

will be sold directly to the Department of Transportation for a fee of $94,600.

SENATOR KAVANAUGH: Anyone here in opposition? (no

response)

Motion.

ASSEMBLYMAN IMPREVEDUTO: Yes, moved.

SENATOR KAVANAUGH: And seconded.

CHIEF JOSEPHSON: Second.

SENATOR KAVANAUGH: Roll call.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

7

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

Number 14.

MR. McGLYNN: RPR No. 03-19, part of Block 2, Lot C, Jersey

City, in Hudson County. The New Jersey Department of the Treasury, on

behalf of the Department of Military and Veteransí Affairs, requests approval

to grant an easement to Jersey City for the widening of Essex Street, for a value

to be determined, for a total square footage -- is approximately 6,800 square

feet.

SENATOR KAVANAUGH: Anyone here in opposition? (no

response)

Motion.

CHIEF JOSEPHSON: Moved.

SENATOR KAVANAUGH: Second.

Roll call.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

8

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

Number 15.

MR. McGLYNN: The College of New Jersey, Block 215, Lot 136,

in Ewing Township, Mercer County. The College of New Jersey requests

approval to lease roof-top space on top of Travers-Wolfe Hall on the grounds

of the College of New Jersey to Verizon Wireless to install a cellular phone

tower. A lease for a five-year term, with two, five-year renewal options, and an

annual rental of $24,000, with 5 percent annual increase.

SENATOR KAVANAUGH: Are they going to make this look like

a pine tree? (laughter)

ASSEMBLYMAN IMPREVEDUTO: I think they should get more

money for that. Theyíre paying more for cell towers. (laughter)

SENATOR KAVANAUGH: Anyone here in opposition? (no

response)

Motion, please.

CHIEF JOSEPHSON: So moved.

SENATOR KAVANAUGH: Second.

ASSEMBLYMAN IMPREVEDUTO: Hopefully, it will keep my

kidís tuition down. Yes.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

Sixteen, please.

MR. McGLYNN: This is a Department of Transportation wireless

communicationsí request for Route 24 eastbound, at milepost 9.8, in Springfield

9

Township, Union County. The Department of Transportation requests

approval to license a site to erect a wireless communicationsí facility on a 125-

foot mile pole, with antennas, on State-owned property.

SENATOR KAVANAUGH: Anyone here in opposition? (no

response)

ASSEMBLYMAN IMPREVEDUTO: Moved.

SENATOR KAVANAUGH: Seconded.

Roll call.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

Under the Department of Environmental Protection, No. 17.

MR. McGLYNN: The park name is Stokes State Forest, Block

302, Lots 1 and 5; Block 402, Lot 1; Block 1501, Lot 1; Sandyston Township,

in Sussex County. The DEP, Division of Parks and Forestry, requests approval

to convey a total of 0.39-acre fee and drainage easement to the New Jersey

Department of Transportation, in order to improve the entrance to Stokes State

Forest from Route 206 at Coursen Road through construction of a Route 206

southbound left turn lane.

SENATOR KAVANAUGH: Anyone here in opposition? (no

response)

ASSEMBLYMAN IMPREVEDUTO: Moved.

CHIEF JOSEPHSON: Second.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

10

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

Number 18.

MR. McGLYNN: The park name is Fort Lee Historic

Park/Palisades Interstate Park, Block 7202, Lot 2, Fort Lee Borough, in Bergen

County. The New Jersey Department of Environmental Protection, on behalf

of the Division of Parks and Forestry, requests approval to convey to Port

Authority of New York and New Jersey 0.006 acre, in fee simple, for a proposed

connector ramp between the lower level of the George Washington Bridge and

the southbound Palisades Parkway.

SENATOR KAVANAUGH: Anyone here in opposition? (no

response)

Motion.

ASSEMBLYMAN IMPREVEDUTO: Moved.

SENATOR KAVANAUGH: Seconded.

CHIEF JOSEPHSON: Second.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

11

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

Number 19.

MR. McGLYNN: Pennsauken Fishing Access Site, Block 1004, Lot

1, in Pennsauken Township, Camden County. The New Jersey Department of

Environmental Protection, Division of Fish and Wildlife, requests approval to

lease the Pennsauken Fishing Access Site to the Township of Pennsauken for

development of a boat launch and parking lot on the site, and operation and

maintenance of the boat launch facility during the lease term, and to place a

conservation restriction on a portion of the area to be leased.

SENATOR KAVANAUGH: Anyone here in opposition? (no

response)

Motion, please.

ASSEMBLYMAN IMPREVEDUTO: Moved.

SENATOR KAVANAUGH: Second.

CHIEF JOSEPHSON: Second.

SENATOR KAVANAUGH: Seconded.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

Number 20.

MR. McGLYNN: Number 20 is Miller Lane recreation area, Block

36, Lot 19, Bedminster Township, New Jersey. The New Jersey Department of

Environmental Protection requests approval to allow the Township of

Bedminster to divert 1.54 acres of Miller Lane Park for the construction of a

firehouse.

12

Mr. Chairman, there has been an amendment to the dollar figure,

which should reflect -- and all of you were copied on this change -- the last page

of the fact sheet should be changed from 75 acres to 72.74, and from $182,500

to $176,986. Also, the 1,270,000 should be 1,264,486, and the 182,500

should be 176,986, I think. And also, 10.78 to 10.45. I think Iíve covered

those changes. If not, the record will reflect that, plus I will include the

memorandum that was sent from the Office of Real Property Management on

March 7, as an exhibit to the minutes.

SENATOR KAVANAUGH: All right. As you know, I normally

donít slow down in these meetings, but we do have some mayors, former mayors

here, from the area. Is there any comment from-- (no response)

If not, weíll continue on.

Joe, do you have anything to say?

M A Y O R J O S E P H H. M E T E L S K I: Well, as you know, itís a--

SENATOR KAVANAUGH: Would you identify yourself for the--

MR. McGLYNN: Just identify yourself for the record?

MAYOR METELSKI: Joe Metelski, Mayor of Bedminster

Township. I didnít want to say anything. Youíve encouraged me to speak.

SENATOR KAVANAUGH: This is not a campaign speech, now.

(laughter)

MAYOR METELSKI: But thereís a need for a firehouse thatís

jointly shared between our Township and the Borough of Far Hills. And as you

know, the Mayor of Far Hills, Carl Torsilieri, is also here. Thereís 1.54 acres

that we require to build this firehouse on. And the diversion is 10-plus acres.

So thereís a substantial benefit, if you will, to the State, the public, and to the

fire company.

SENATOR KAVANAUGH: Youíre happy with the prices, okay?

MAYOR METELSKI: Yes.

SENATOR KAVANAUGH: All right. Thank you.

Could we have a motion?

ASSEMBLYMAN IMPREVEDUTO: Moved.

CHIEF JOSEPHSON: Second.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

13

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

Twenty-one.

MR. McGLYNN: The park name is Washington Township Park,

Block 28, Lot 3, Washington Township, Mercer County. The DEP, on behalf

of the Township of Washington, requests approval to divert 3.34 acres of

Washington Township Park for the construction of the Robbinsville bypass. As

compensation, the Township plans to acquire a 1.14 acre parcel adjacent to the

park and municipal complex where the Route 30 pedestrian overpass would

terminate, and an additional 6.41 acres adjacent to the park.

SENATOR KAVANAUGH: Anyone here in opposition? (no

response)

A motion, please?

CHIEF JOSEPHSON: Moved.

ASSEMBLYMAN IMPREVEDUTO: Second.

SENATOR KAVANAUGH: Moved, and seconded by

Assemblyman Impreveduto.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

14

SENATOR KAVANAUGH: Yes.

Next, we go to Arts Inclusion Projects.

MR. McGLYNN: Do you want to move these all together?

SENATOR KAVANAUGH: All together.

This is to do with construction, in areas that the Legislature had

passed, that a certain percentage has to be put into art. We have eight items.

The agendas are available for anyone who wanted to read.

Number 1 has been held, so we go from Nos. 2 to 8. They are in

amounts anywhere -- 60,000, 16,000, 26, 26, 45, 16,000, 22,000.

CHIEF JOSEPHSON: Iíll move the items, Chairman.

ASSEMBLYMAN IMPREVEDUTO: Second.

SENATOR KAVANAUGH: Moved and seconded.

Anyone here in opposition to those? (no response)

Okay.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

We now move to Division of Pension Requests. We also sit as a

judicial retirement system. So weíll go into that portion at--

MR. McGLYNN: I need a motion to approve the minutes of the

meeting held on December 12 of 2002, please?

CHIEF JOSEPHSON: So moved.

SENATOR KAVANAUGH: Itís been moved and seconded.

Roll call.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

15

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Iíll abstain, since I wasnít

here.

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

Number 2, please?

MR. McGLYNN: A motion for the confirmation of death claims,

retirements, survivor benefits and terminations.

SENATOR KAVANAUGH: Motion.

ASSEMBLYMAN IMPREVEDUTO: Moved.

CHIEF JOSEPHSON: Second.

SENATOR KAVANAUGH: Moved and seconded.

Roll call.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

Number 3, please.

16

MR. McGLYNN: Approval of the financial statements of

December 31 of 2002.

CHIEF JOSEPHSON: So moved.

ASSEMBLYMAN IMPREVEDUTO: Iíll second.

SENATOR KAVANAUGH: Moved and seconded.

Roll call.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: (pause) Yes. Iím sorry.

MR. McGLYNN: Thatís no problem.

Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

The next is No. 4, which has been an ongoing review. Would you

bring us up to date?

MR. McGLYNN: There has been a report prepared by our Counsel

to the Commission, Mr. Shaughnessy, in a letter to be sent to the judge, which--

Robert, would you like to comment?

MR. SHAUGHNESSY JR. (Counsel): I donít know if the Counsel

-- Commission, if you will, is seeking any sort of legal advice. It may be

recommended that it be done in Executive Session.

Thank you, Mr. Secretary.

But, as I mentioned, if the Counsel is seeking legal advice, it may

be recommended that it be done in Executive Session, and a motion would be

required for that.

CHIEF JOSEPHSON: Iíd like to move that we, briefly, enter

Executive Session to obtain advice of Counsel.

ASSEMBLYMAN IMPREVEDUTO: Second.

SENATOR KAVANAUGH: Itís been moved and seconded.

17

Roll call.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

For the audience present, weíre going to go -- so thereís nothing else.

Is there anyone here who would like to comment, before you leave, on another

matter that you may have come to -- that we havenít heard? (no response)

If not, adios. Weíll see you. Weíre multilingual here.

EXECUTIVE SESSION

AFTER EXECUTIVE SESSION:

SENATOR KAVANAUGH: Motion to return to regular session.

ASSEMBLYMAN IMPREVEDUTO: Moved.

CHIEF JOSEPHSON: Second.

SENATOR KAVANAUGH: Moved and seconded.

Roll call.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

18

MR. McGLYNN: Assemblyman Doherty.

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

I failed to mention, before we started, that Senator Bob Smith is

here as the designated alternate. Heís kind of like Joe Torres, the manager for

a substitute. (laughter) Thank you.

Welcome, Bob.

MR. McGLYNN: Weíre on Item No. 4, Mr. Chairman, which is

a consideration of the appeal from Judge Glenn Berman, regarding initial

administrative decisions that he must contribute to the judicial retirement

system at the rate of 3 percent of his full judicial salary.

SENATOR KAVANAUGH: Yes, Iíd like to recognize Mr.

Josephson.

CHIEF JOSEPHSON: Thank you, Mr. Chairman.

After reviewing the materials that have been submitted, both by the

Division as well as Judge Berman, it is my view that the judge makes an

argument that he is not initially enrolling in the judicial retirement system at this

time, inasmuch as he was previously enrolled prior to 1996. Accordingly, Iíd

like to make a motion to reverse the decision of the Division of Pension and

Benefits, and that the judge be so advised by Counsel to the Commission.

SENATOR KAVANAUGH: For the motion, is there a second?

ASSEMBLYMAN IMPREVEDUTO: Second.

SENATOR KAVANAUGH: Anyone here that is opposed in the

audience? (no response)

Roll call, please.

MR. McGLYNN: Assistant Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Chief Counsel Josephson.

CHIEF JOSEPHSON: Yes.

MR. McGLYNN: Director Holzbaur.

DIRECTOR HOLZBAUR: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Assemblyman Doherty.

19

ASSEMBLYMAN DOHERTY: Yes.

MR. McGLYNN: Senator Kenny.

SENATOR KENNY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: Can I make one comment before we all go?

SENATOR KAVANAUGH: Yes. And I have a comment to make,

also.

MR. McGLYNN: You do.

I want to thank Mr. Josephson, who is leaving us after today -- who

actually held off going over to the -- as the Director of the Division of Law -- for

all of the good work and the generosity he showed to me, as a secretary, since

he assumed his position in the McGreevey administration. And I wish you the

best of luck in your new position.

CHIEF JOSEPHSON: Thank you very much. (applause)

SENATOR KAVANAUGH: Mine is just in keeping with your

proposal, as far as--

ASSEMBLYMAN IMPREVEDUTO: I, for one, preferred that you

had stayed, but-- (laughter)

SENATOR KAVANAUGH: As far as Paul, presently with the chief

counsel to the Governor, now moving over to the AGís office, itís a shame you

made the New York Times -- the picture -- months after you got married. But heís

been a very good member, a very punctual member. (laughter)

SENATOR KENNY: He was late once, I remember. (laughter)

SENATOR KAVANAUGH: Congratulations. Good luck.

CHIEF JOSEPHSON: Thank you very much.

I want to thank all the members. Itís been a pleasure serving with

all of you. Iíll look forward to continue working with you, at least indirectly

through Bob, as Counsel to the Commission.

Thank you very much. (unanimous thank-yous)

SENATOR KAVANAUGH: Okay.

Weíre adjourned.

(MEETING CONCLUDED)