Commission Meeting

of

STATE HOUSE COMMISSION

LOCATION:

Committee Room 14  
State House Annex
Trenton, New Jersey

DATE:

December 15, 2003
9:00 a.m.

 

MEMBERS OF COMMITTEE PRESENT:

Daren Eppley

(Representing Michael R. DeCotiis)

Senator Walter J. Kavanaugh, Chair

Assemblyman Anthony Impreveduto

Senator Bob Smith

Charlene M. Holzbaur

Robert L. Smartt

(Representing John E. McCormac)

 

 

ALSO PRESENT:    
     

Edward J. 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

MR. McGLYNN (Secretary): Good morning, everyone. My name

is Ed McGlynn. Iím Secretary to the Commission.

Just a couple of housekeeping measures, if I may. As everybody is

probably aware, this is a supermajority quorum Commission. So we need five

people in order to have a record by the members of the board. We have four

that are here, so weíre going to start the meeting. And when the fifth shows up --

I know two have called me, theyíre stuck in traffic -- weíll have them ratify what

was done previously.

Let me introduce, if I may, Assistant Counsel Daren Eppley, who

is two to my left, who is the designee for todayís meeting from Chief Counsel,

Michael DeCotiis.

So, with that, Senator, I believe we may begin.

First item on the agenda--

SENATOR WALTER J. KAVANAUGH (Chair): First of all, if

you note that we met the Open Public Meetings Act. And weíre now ready to

go, a little late, but ready.

MR. McGLYNN: The first item on the agenda is the approval of

the September 25, 2003 State House Commission meeting minutes.

DEPUTY TREASURER SMARTT: So moved.

SENATOR KAVANAUGH: Second.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Aye.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: And we also note for the record that we have

received a letter from Barbara Tachau, which all members of the Commission

have gotten a copy of, which is a letter indicating her personal views on a

number of matters on the agenda. That letter will be made part of the record

and will be available with a verbatim transcript, when the verbatim transcript

is available.

Item No. 2 is the Admiral Farragut Park, Block 36, Lot 1.02, Pine

Beach Borough, in Ocean County. DEP, on behalf of the Borough of Pine

Beach, requests approval to amend the conditions of the State House

2

Commissionís September 23, í99 approval of the disposal of 1.21 acres of

Admiral Farragut Park, to allow construction of approximately 19 single-family

homes on the same property previously approved for an assisted living facility.

As compensation, Pine Beach will dedicate Block 36, Lot 1.05,

consisting of 1.14 acres, for public recreation and conservation purposes.

There is a letter from a Paul and Yvonne Bick, essentially asking

that the Commission not do this -- to see if the town could find additional

dollars from some source in order to acquire the entire parcel.

SENATOR KAVANAUGH: Anyone here to comment? (no

response)

MR. McGLYNN: I know Mayor Corby is present. He has

submitted a statement.

M A Y O R R U S S E L L K. C O R B Y: Iíve already submitted a

statement.

MR. McGLYNN: And that statement is also part of the record.

SENATOR KAVANAUGH: Russ looks a lot younger. I donít

know why. (laughter)

MAYOR CORBY: Thank you so much, Mr. Chairman.

MR. McGLYNN: So we need a motion and a second to approve.

DEPUTY TREASURER SMARTT: So moved.

SENATOR KAVANAUGH: Second.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: No. 3 is Veterans Park and other unnamed,

undeveloped open space, Block 2724, Lot 33; Block 2169, Lot 546; Block

2607, Lot 13; Block 2169, Lot 2; Block 2716, Lot 127; Block 2716.02, Lot 8,

in Hamilton Township, Mercer County. DEP requests approval to release

Green Acres restrictions on the 4.56 acres of underground easements on

parkland and to allow the use of additional 6.86 acres of parkland for

temporary work space.

3

This was previously before the board on a number of different

occasions, and approval is now requested.

SENATOR KAVANAUGH: Anyone here to comment? (no

response)

Motion.

DEPUTY TREASURER SMARTT: So moved.

MR. EPPLEY: Second.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: No. 8, under new business, RPR 97-15, Block

158, Lot 7, in Wantage Township, Sussex County -- No. 4.

We can do items 4 through 8, plus 10, together, which are all DEP

residential leases. The first being No. 4, RPR 97-15, Block 158, Lot 7, Wantage

Township, Sussex County -- a DEP lease for property located at 103 Lusscroft

Road to Gatis and Joyce Mezits; a term of one year, with four, one-year

renewals, at a rate of 971 per month, with annual increases based on the

consumer price index.

Item No. 5 is RPR 97-33A, Block 67, Lot 3, Branchburg Township,

Somerset County. A DEP residential property lease at 521 Old York Road, to

Lucy Lamarco, for one year, with four, one-year renewals at 583 per month,

with annual increases based on the consumer price index.

Item No. 6, RPR 97-33D, Block 67, Lot 3, Branchburg Township,

Somerset County. A DEP residential lease at 529 Old York Road, to Deborah

Cook; lease term for one year, plus four, one-year renewals at $600 per month.

Item No. 7, Block 98.54, Block-- Iím sorry, RPR 98-54, Block 58,

Lot 11, Franklin Township, Somerset County. A DEP residential property lease

at 409 South Middlebush Road, to Richard Hewitt; lease term for one year, with

four, one-year renewal options, at a rate of 1,027 per month, with annual

increases based upon the consumer price index.

RPR 98-60, Block 101.01 -- this is No. 8 -- Lot 115, in Allamuchy

Township, Warren County. A DEP residential property located at 1155

4

Waterloo Road, to Richard and Diana Millman; lease term for one year, with

four, one-year renewal options at a rate of 803 per month, with annual increases

based on the consumer price index.

And Item No. 10, RPR Number 03-29, Block 67, Lot 3, in

Branchburg Township, Somerset County. A DEP residential property located

at 529 Old York Road, to Edward Krutsick; term for one year, with four, oneyear

renewal options at the rate of $700 per month, with annual increases based

on the consumer price index.

SENATOR KAVANAUGH: Anyone here for or against? (no

response)

Can we have a motion, please?

DEPUTY TREASURER SMARTT: So moved.

MR. EPPLEY: Second.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: We now need to go back to No. 9, which is RPR

Number 03-23, Block 81, in Barnegat Township, Ocean County. The

Department of Treasury, on behalf of the Department of Law and Public Safety,

requests approval to dispose of a parcel of vacant land to the adjacent property

owner for fair market value. If the adjacent owner is not interested in

purchasing the property, it will be sold, via public auction, for fair market value

to be determined.

A N T H O N Y R. M A Z Z E L L A: Mr. Chairman.

SENATOR KAVANAUGH: Yes, sir.

On behalf of the State of New Jersey.

MR. MAZZELLA: Tony Mazzella, Division of State Police.

I would just ask a slight amendment to this sale. The ownerís name

-- the adjacent property ownerís name is Frank J. Milano (phonetic spelling).

He has indicated that as a consideration for the purchase of this property, he

would derestrict the remaining parcel, which he owns. As the approval here

simply speaks to a sale at fair market value, the consideration in trade for

5

derestricting the adjacent 20 acres as farmland would be weighed against the

value of 1.4 acres.

So I would ask the approval be amended to include a value in trade

for the derestriction.

MR. McGLYNN: Does the Commission have any problem with

that?

SENATOR KAVANAUGH: Is there any particular reason why

weíre doing this?

MR. MAZZELLA: Well, this is a former State Police tower site. Itís

approximately 1.4 acres. The property was extracted from Mr. Milanoís parcel

approximately 25 years ago. He has requested to rejoin it with the 20-acre

block that he currently owns. He is conducting farming on the adjacent

property. And as a part of the discussions with him, he would agree to derestrict

his property -- place an easement as a -- in farmland preservation, as a portion

of the consideration for the 1.4 acres he would get back from the State.

SENATOR KAVANAUGH: What do we gain, Bob.

DEPUTY TREASURER SMARTT: Mr. Chairman, since this was --

there was a change in what was originally submitted, I would prefer to hold this

until we have transferability.

MR. MAZZELLA: Well, this was submitted in the real property

review as part of the consideration.

DEPUTY TREASURER SMARTT: There probably has been a

change, though, in what was submitted to the members of the Commission.

SENATOR KAVANAUGH: What youíre saying is, he sold to the

State 25 years ago.

MR. MAZZELLA: Yes, this 1.4 acres of property. Well, the

property owner at that time sold it.

G E N E H A Y M A N: Mr. Milano wasnít the owner at that time. RCA was

the owner.

MR. McGLYNN: Theyíve got to come up to the -- because we do

have a verbatim transcript.

SENATOR KAVANAUGH: Come up.

MR. HAYMAN: Gene Hayman, from the Department of Treasury.

SENATOR KAVANAUGH: All right, Gene, now what youíre

saying is, Milano did not own it, RCA owned it. RCA sold it to the State.

MR. HAYMAN: Correct.

6

SENATOR KAVANAUGH: And then how did Milano get into this

deal?

MR. HAYMAN: Then Milano bought the adjacent property.

SENATOR KAVANAUGH: So he has not had anything to do with

this.

MR. HAYMAN: He is not a former owner of the property.

MR. MAZZELLA: Mr. Chairman, he acquired the property that

had this 1.4 acres subdivided from it back in the í70s. He had requested, at that

time, from State Police, the opportunity to purchase it. At the time, the tower

still existed. The tower has been removed, and he has continued to request

consideration to acquire this 1.4 acres back so that he could complete this lot

back to its original condition.

DEPUTY TREASURER SMARTT: Mr. Chairman, I move to table

this to the next meeting.

SENATOR KAVANAUGH: Is there any time of the essence for

this? Heís lived with it--

MR. MAZZELLA: Well, heís waited 20 years, I guess another

three months--

MR. McGLYNN: Wait another three months.

MR. MAZZELLA: Simply the -- I guess my question is, perhaps,

to Counsel. To the extent that this property--

DEPUTY TREASURER SMARTT: Mr. Chairman, I move to call

the question.

SENATOR KAVANAUGH: Wait, Bob.

Letís bring it up in the next meeting, so itís clarified, so itís not like

weíre doing a fast shuffle.

MR. McGLYNN: You have a motion to table. You need a second.

MR. EPPLEY: Second.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: Okay.

7

SENATOR KAVANAUGH: Now weíll go to the Department of

Human Services.

MR. McGLYNN: I donít-- The Department of Human Services

request, Item No. 11, is the County Facilities Calendar Year 2004 Payment

Rates. Pursuant to Title 30:4-78, the State House Commission is requested to

fix the rates to be charged to the State for various patients residing in county

psychiatric facilities pursuant to the Commissioner of Human Servicesí

recommendations, and in accordance with the provisions of the County

Psychiatric Hospitalsí State Aid Reimbursement Methodology Per Capita Cost

Rates effective January 1, 1999, and are hereby established for calendar year

beginning January 1, 2004.

There are copies of the agenda, and we will include them in the

minutes of the meeting. These rates are being set for the Bergen County

Regional Medical Center: inpatient services, geriatric psychiatric services,

extended acute psychiatric, acute partial psychiatric, and outpatient psychiatric;

the Buttonwood Hospital of Burlington County; the Camden County Health

Services Center, psychiatric services; the Essex County Hospital Center,

inpatient services; the Hudson County Meadowview Hospital, inpatient

services; and the Union County Runnells, specialized services. And there are

certain conditions that are attached as part of the agenda.

SENATOR KAVANAUGH: Any comments from anyone here? (no

response)

Motion.

DEPUTY TREASURER SMARTT: So moved.

SENATOR KAVANAUGH: Second.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: Again, Item No. 12 is from the New Jersey

Department of Human Services. This is the State Facilities Calendar Year 2004

Payment Rates. Pursuant to Title 30:4-78, the State House Commission is

requested to fix the rates to be charged to counties for various clients residing in

8

State institutions and programs, pursuant to the Commissioner of Human

Servicesí recommendations and in accordance with the provisions of the Rate

Setting Methodology for Establishing State Hospital and Institutional Rates

effective January 1, 1991, including revisions to the methodology -- are hereby

established for the calendar year beginning January 1, 2004. These are rates for

the State General Psychiatric Hospitals, Arthur Brisbane Child Treatment

Center, Ann Klein Forensic Center, Community Mental Health Center of

UMDNJ, and the State Developmental Centers, and Residential Functions.

Again, these are part of the agenda available to the public, and will be included

in the minutes. And there are certain notes that are attached that are applicable

to these rates.

SENATOR KAVANAUGH: Anyone comment from the audience?

(no response)

Motion, please.

DEPUTY TREASURER SMARTT: So moved.

MR. EPPLEY: Second.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: No. 13 is the New Jersey Department of Human

Services, Essex County Hospital Center, Prior Period Rate Adjustment. Again,

pursuant to Title 30:4-78, the State House Commission is requested to fix the

rates to be charged to the State for various patients residing in county psychiatric

facilities. In accordance with the County Psychiatric Hospital State Aid

Reimbursement Methodology, these are revised rates for calendar year 2003,

developed for the Essex County Hospital Center to reflect an unanticipated

increase in total cost. The facility name is the Essex County Hospital Center

Psychiatric Services. And there is an inpatient rate, again, with certain

conditions, which are all part of the agenda and will be included in the minutes.

SENATOR KAVANAUGH: Anyone here to comment? (no

response)

Motion.

9

DEPUTY TREASURER SMARTT: So moved.

MR. EPPLEY: Second.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: The next are Department of Transportation

requests, and I think we can do 14, 15, and 16 together.

No. 14 is Route 295, Section 5, Parcels VX36B and VX35C1, in

Bordentown, Burlington County. The Department of Transportation, Bureau

of Right of Way, Property Management Unit requests approval to sell Parcel

VX36B, an irregular-shaped parcel of vacant land containing 2.02 acres,

87,991.2 square feet; and Parcel VX35C1, a rectangular-shaped parcel of vacant

land containing .58 acres, or 25,264.8 square feet. Property will be sold, via

direct sale, at a recommended sale price of $21,820.

Item No. 15 is Route 42, Section 12, Parcels VXW78A, VXR81B,

VXR82, Gloucester City, in Camden County. The Department of

Transportation, Bureau of Right of Way, Property Management Unit requests

approval to sell parcel -- would you like to -- VXW78A, Parcel VXR81B, an

irregular-shaped parcel of vacant land containing .10 acre, or 4,437 square feet,

and Parcel VXR82, a rectangular-shaped parcel of vacant land containing .14

acre, or 6,250 square feet, by public auction with a minimum bid of $24,000.

And Item No. 16 is Route 4, Section 2, Parcel 109, et al, in

Paramus, Bergen County. The New Jersey Department of Transportation,

Bureau of Right of Way, Property Management Unit requests approval to sell

an irregular-shaped parcel of vacant land containing .693 plus or minus acres,

or 27,442 square feet, at public auction for a fair market value to be determined.

And I note that Senator Smith has joined us, so we now have our

five-member quorum.

SENATOR KAVANAUGH: Victimized by the Department of

Transportation. (laughter)

MR. McGLYNN: So weíre dealing with No. 14, 15, and 16,

Senator.

10

SENATOR KAVANAUGH: Anyone here to comment? (no

response)

Do we have a motion, please.

DEPUTY TREASURER SMARTT: So moved.

SENATOR KAVANAUGH: And a second.

SENATOR SMITH: Second.

SENATOR KAVANAUGH: Second by Senator Smith.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Senator Smith.

SENATOR SMITH: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

Senator Smith, the Secretary has a comment to you.

MR. McGLYNN: Senator, may we get an affirmance on No. 1

through 13, which we have already done, that you would have voted.

SENATOR SMITH: Yes, Iím familiar with them, and Iíd like to

be recorded in the affirmative.

MR. McGLYNN: Thank you very much.

SENATOR KAVANAUGH: As an attorney and an engineer, we

knew you would be, Senator. (laughter)

MR. McGLYNN: Item No. 17 is Route 23 Southbound, Milepost

10.1, at Alexander Road, in Peguannock Township, Morris County. The

Department of Transportation, Bureau of Major Access Permits, Wireless

Communications Unit requests approval to erect a wireless communications

facility, 140-foot monopole. The proposal will generate a minimum of $28,000

per annum for five to 20 years, depending on COLA, renewal options, and

collocation by other carriers on the site. At the public meeting held on

September 18, 2003, seven town officials attended, and asked questions, and

all issues were addressed.

SENATOR KAVANAUGH: Anyone here to comment? (no

response)

Motion, please.

11

DEPUTY TREASURER SMARTT: So moved.

SENATOR SMITH: Second.

SENATOR KAVANAUGH: Moved and second.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Senator Smith.

SENATOR SMITH: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: Item No. 18 is Route 18 Southbound, Milepost

22.25, at Exit 22, County Route 537, West Ramp, in Colts Neck Township,

Monmouth County. The New Jersey Department of Transportation, Bureau of

Traffic, Access, and Landscape, Wireless Communications Unit requests

approval to erect a wireless communications facility, an antenna attached to

sign structure. The proposal will generate a minimum of $13,300 per annum for

five to 20 years, depending on COLA, renewal options, and collocation by other

carriers on the site. At a public meeting held on September 30, 2003, one

person attended and two town officials, who asked questions of which all issues

were addressed.

SENATOR KAVANAUGH: Anyone here to question? (no

response)

Do we have a motion, please?

DEPUTY TREASURER SMARTT: So moved.

SENATOR SMITH: Second.

SENATOR KAVANAUGH: Moved and second.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Senator Smith.

SENATOR SMITH: Yes.

12

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: The following are Department of Environmental

requests.

The Kohler Pond Park, Block 23, Part of Lot 18, in Washington

Township, Morris County. The DEP, on behalf of the township of

Washington, requests approval to divert 0.615 acre of Kohler Pond Park to

legalize the continued use of a building on parkland by the Long Valley First Aid

Squad.

As compensation, the township will dedicate, for conservation and

recreation purposes, an 8.714-acre municipally owned flag lot located off an

access road from Bartley Road. The replacement parcel contains a pond and is

located along the South Branch of the Raritan River. The area directly across

Bartley Road to the southern side of the river is being developed into an active

recreation area with numerous ball fields. Estimated value of the diverted

parkland is $102,300; the estimated value of the replacement land is $245,400.

SENATOR KAVANAUGH: Anyone here to comment? (no

response)

Motion, please.

DEPUTY TREASURER SMARTT: So moved.

SENATOR SMITH: Second.

SENATOR KAVANAUGH: Itís been moved and seconded.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Senator Smith.

SENATOR SMITH: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: No. 20 is West County Drive Park, Block 61,

Lot 902, in Branchburg Township, Somerset County. The DEP, on behalf of

Branchburg Township, requests approval to convey, to Somerset County, a sight

triangle easement and culvert easement totaling approximately 0.127 acre on

West County Drive Park, in connection with the extension of West County

13

Drive on land adjacent to the park. As compensation, the adjacent land

developer has agreed to deed to the township a 10-foot strip of land along the

western edge of the park for a distance of 1,396.7 feet. The dedication will

result in the addition of .321 acres of new land to the park. The developer has

also agreed to pay the township $25,000 to be dedicated for the future

acquisition of open space. The estimated value of the .127 acres of sight

triangle and culvert easements is 8,200. The estimated value of the .321 acre

of replacement land is $30,500. Therefore, the total value of the compensation

to be paid by the developer to Branchburg Township is $55,000.

SENATOR KAVANAUGH: Anyone here to comment?

SENATOR SMITH: Mr. Chairman, just a question. Who is the

developer?

SENATOR KAVANAUGH: Senator Smith, just a moment. I think

itís in the back, No. 20. I would probably check (indiscernible).

MR. McGLYNN: Someone may be here from DEP that can answer

that better than I can. I am looking at this background.

M I C H A E L H E E N E H A N: Mike Heenehan, from Green Acres.

Itís Murray Construction.

SENATOR KAVANAUGH: Murray Construction, from?

MR. HEENEHAN: Springfield.

SENATOR KAVANAUGH: Springfield. But there are also--

SENATOR SMITH: Okay.

SENATOR KAVANAUGH: Motion and second, please.

DEPUTY TREASURER SMARTT: So moved.

SENATOR SMITH: Second.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Senator Smith.

SENATOR SMITH: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: No. 21 is Nomahegan Park and Ridge Street

Park, Block 103, Lot 1; Block 242, Lot 1; Block 243, Lot 1; Block 210, Lot 7;

14

Block 299, Lots 1.01, 1.02, 1.03; Block 215, Lots 3.01, 4.01; Block 334, Lots

6.01, 7.01, 7.02, 7.03, in Cranford Township, Union County. The DEP, on

behalf of Cranford Township and Union County, requests approval to divert .41

acre of county and municipal parkland for flood control purposes and to

legalize the inadvertent sale of 1.66 acres of municipal parkland for residential

purposes.

The township proposes to replace the 1.66 acres of parkland that

was sold, the 0.13 acre of easements requested from the county, and the 0.28

acre of municipal parkland to be diverted for the flood control project with 6.82

acres of municipally owned, unencumbered land.

The current estimated value of the 1.66 acres that were sold for

residential purposes is $875,477 -- 447. The estimated value of the 0.41 acres

of easements and diversions associated with the flood control project is

101,449. The total area of the diversions and disposals is 2.07 acres. The value

of the diversions is $977,296. The value of the 6.82 acres of replacement,

$1,736,771.

SENATOR KAVANAUGH: Anyone here to comment? (no

response)

Motion.

SENATOR SMITH: So moved.

SENATOR KAVANAUGH: Moved and seconded.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Senator Smith.

SENATOR SMITH: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: No. 22 is the American Legion Drive and

unnamed waterfront property, Block 21.01, portion of Lots 49 and 50, in

Keyport Borough, Monmouth County. The DEP, on behalf of the borough of

Keyport, requests approval to allow the realignment of a segment of American

Legion Drive, within Keyportís waterfront area.

15

As compensation for the taking of approximately one acre of

parkland for the new American Legion Road right-of-way, the borough proposes

to vacate the existing road right-of-way, 1.02 acres, and consolidate this area

with the park, Block 21.01, Lots 49 and 50. The roadbed will be removed as

part of the bulkhead project. The borough anticipates that once the bulkhead

project is completed, it will be able to create some lawn areas and install other

recreational facilities in the underused park area. Because the borough proposes

to swap a roughly equal area within the same block and lot, the Green Acres

Program has determined that the proposed diversion represents an equitable

exchange of property.

SENATOR KAVANAUGH: Anyone here to comment? (no

response)

Can we have a motion, please?

SENATOR SMITH: So moved.

SENATOR KAVANAUGH: Moved and seconded.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Senator Smith.

SENATOR SMITH: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

Twenty-three.

MR. McGLYNN: Item No. 23 is Panicaro Park, Block 9, part of

Lot 1, in Rocky Hill Borough, Somerset County. The DEP, on behalf of Rocky

Hill Borough, requests approval for the conveyance of approximately 0.056 acre

of Panicaro Park to Somerset County in connection with the replacement of the

structurally deficient Kingston Road/River Road bridge over Van Horn Brook.

As compensation, Rocky Hill Borough has requested Somerset

County obtain a 0.144 acre access easement on private land along Montgomery

Townshipís side of the Van Horn Brook. The proposed easement will link River

Road to other municipally owned land to the east. Estimated value of the fee

taken for the new bridge right-of-way and bridge easement is $4,879. The

16

estimated value of the replacement easement is 5,667. The total acreage to be

diverted will not exceed 0.10 acre.

SENATOR KAVANAUGH: Anyone here to comment? (no

response)

Motion, please.

MR. EPPLEY: So moved.

SENATOR SMITH: Second.

SENATOR KAVANAUGH: Moved and second.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Senator Smith.

SENATOR SMITH: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: Item No. 24 is Liberty and Lions Park, Block

4806, Lot 15; Block 4115, Lot 1, in Union Township, Union County. The DEP,

on behalf of Union Township, requests approval to legalize the inadvertent

disposal of Liberty Park, .334 acres, for commercial purposes, and approval to

allow the future diversion of Lions Park, .020 acre, for road improvements.

As compensation, the township proposes to dedicate, for

conservation and recreation purposes, approximately 6.37 acres of undeveloped,

wooded, municipally owned land. The estimated market value of the diverted

parcels is $146,000, and the estimated value of the proposed replacement land

is 1.3 million.

SENATOR KAVANAUGH: Anyone here to comment? (no

response)

Motion, please.

SENATOR SMITH: Motion.

SENATOR KAVANAUGH: Moved and seconded.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

17

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Senator Smith.

SENATOR SMITH: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: Item No. 25 is the Brown Memorial Park, Block

326, part of Lot 1, in Atlantic City, Atlantic County. The DEP, on behalf of

Atlantic City, requests approval to dispose of .48 acres of the 1.02-acre Brown

Memorial Park to Second Baptist Church for the construction of a new

sanctuary building, which will also house the Oceanside Charter School and the

Challenger Center for Space and Education.

As compensation, the city proposes to replace .48 acres of the 1.02-

acre park by adding .22 acres to the remaining .54 acres, to create a .7 acre park

with improvements. In addition, two more parks of 2.083 acres in total would

be created. The two new parks would include significant improvements. The

value of the .48 acres proposed for disposal is $211,995. And the value of the

affected park improvements is 99,100, for a total of 311,000. The estimated

value of the 2.303 acres of replacement land is $1,323,800. And the park

improvements -- 641,078.75.

There is a letter that we have received just this morning from Schoor

DePalma, who is counsel to -- not counsel, Iím sorry -- the engineer for Atlantic

City, which I will give to everyone. And they are asking for certain additional

conditions from the Green Acres people.

So I donít know if you want to act upon this today, subject to these

approvals. Or maybe someone is here.

SENATOR KAVANAUGH: Is Green Acres aware of this?

MR. HEENEHAN: Mike Heenehan.

MR. McGLYNN: Iím sorry. It is from the city of Atlantic City,

Schoor DePalma being the engineer for the city, as Iím told.

MR. HEENEHAN: Correction. Schoor DePalma is the engineer

for Second Baptist Church, acting on behalf of the city.

MR. McGLYNN: Thank you.

MR. HEENEHAN: And the conditions the city asked us to

consider, which we received on Friday -- which we gave you a copy of this

morning -- we can incorporate that into the approval. There are additional

18

things that the city wants the applicant to do to resolve some of the concerns the

citizens might have.

MR. McGLYNN: So we can approve this subject to the conditions

as attached in this letter of November 20, 2003?

MR. HEENEHAN: Thatís what we propose you do.

SENATOR KAVANAUGH: This has been reviewed with your

department and with DePalma, and itís all okay?

MR. HEENEHAN: Yes, Chairman.

SENATOR KAVANAUGH: All right, just sign the slip -- hard copy.

DEPUTY TREASURER SMARTT: Can I ask, Mr. Chairman --

this letter was dated November 20 -- why it took so long for it to get to the

Commission?

MR. HEENEHAN: I canít answer that question. I received it

Friday afternoon.

MR. McGLYNN: It was brought here this morning and given to

me. I see there is a transmittal form on the front from Schoor DePalma dated

December 12, 2003.

DEPUTY TREASURER SMARTT: Can I ask if thereís any urgency

with this, Mr. Chairman?

SENATOR KAVANAUGH: Anthony.

Welcome to Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Thank you, sir.

SENATOR KAVANAUGH: How was the traffic?

ASSEMBLYMAN IMPREVEDUTO: Well, on 16E, it wasnít very

good, Iíll tell you that.

K E I T H B. M I L L S: Good morning. Keith Mills. Iím the Director of

Planning and Development for the city of Atlantic City.

MR. McGLYNN: Excuse me, Mr. Mills, would you press the

button. Red means that itís on. (referring to PA microphone)

Thank you.

MR. MILLS: Keith Mills, Director of Planning and Development

for the city of Atlantic City. I believe I may have sent that November 20

correspondence to Schoor DePalma. That letter was written in response to some

community concerns, as well as some concerns that the city had, that this board

be knowledgeable of all of the issues that were created by this park diversion.

SENATOR KAVANAUGH: Thereís a traffic study that was-- Was

that done?

19

MR. MILLS: No, thereís a street that needs to be vacated in order

to make this proposal happen. And we just wanted that to be part of the record.

SENATOR KAVANAUGH: As Atlantic City, you agree to that

vacation.

MR. MILLS: Yes.

SENATOR KAVANAUGH: Vacating.

MR. MILLS: Weíve had several meetings with Schoor DePalma

and the community groups that are referenced in my letter. And the consensus

at this time is that the park diversion move forward, and in the planning process

of the church and the charter school, that will work out the remaining issues in

that letter.

SENATOR KAVANAUGH: Saint James Church, Atlantic City

have no problem doing what weíre doing? The action weíre taking today is

completely in accord with your thinking?

MR. MILLS: Yes.

SENATOR KAVANAUGH: I mean, I donít want to get down there

and have somebody blow up the back end of the casino. (laughter)

MR. MILLS: No.

SENATOR KAVANAUGH: Okay.

DEPUTY TREASURER SMARTT: What was the response as to

the urgency?

MR. MILLS: The charter school has a $2 million grant that expires

some time early next year. The grant was conditioned on them having a

building plan prior to the expiration date of the grant. Theyíre looking to extend

the grant if, in fact, they can begin the planning process for their new school on

part of this park site.

SENATOR SMITH: Mr. Chairman, with regards to the conditions

or the suggestions of the November 20 correspondence, Item 2 says that a traffic

study is needed to determine the impact of closing the street.

Who is performing it, and who is paying for it?

MR. MILLS: Second Baptist Church.

SENATOR SMITH: Theyíve agreed to this?

MR. MILLS: Yes.

SENATOR SMITH: And with regard to Item 3, Saint James wants

school board membership at Oceanside Charter School. Has Oceanside Charter

School agreed to allowing that school board membership?

20

MR. MILLS: They did not object. They were open to that

suggestion.

SENATOR SMITH: If any of the parties decide that they canít live

with any of these conditions, what happens at that point?

MR. MILLS: Well, we have an extensive planning board process

to go through in order to construct the two new buildings, as well as a number

of public meet -- hearings, as part of the process. Thereís also the vacation of

the street, which also goes to city council. We have a land swap that involves

the church -- Second Baptist Church property being dedicated to the city for

some of the new park space. Itís a very complicated and open-ended process,

at this point. But we think we can all work through it.

SENATOR KAVANAUGH: Mr. Mills.

MR. MILLS: Yes.

SENATOR KAVANAUGH: The concern that I have -- not a great

one -- but Iím just concerned if this $2 million -- if we do not approve it now --

because our next meeting is in three months -- are we going to jeopardize that

grant?

MR. MILLS: Thatís my understanding. I think the gentlemen at

Schoor DePalma may have more information on the grant.

SENATOR KAVANAUGH: Bob, why donít you stop it?

(laughter)

I have no objection.

MR. MILLS: Thank you.

SENATOR KAVANAUGH: Can we have a motion, please?

MR. McGLYNN: The motion is going to be subject to the terms

and conditions being met in the Schoor DePalma letter of November 20, 2003.

SENATOR KAVANAUGH: As a result of the letter from Mr. Mills.

MR. McGLYNN: And notification to Green Acres that all of those

conditions have been met.

SENATOR SMITH: Does the conveyance occur prior to the

conditions being met?

MR. McGLYNN: No, the conveyance doesnít occur, normally,

until many months after we actually do the approvals, and I sign the deeds that

are -- conveyance. They have to be signed by myself, and the Governor, and the

Secretary of State, and a number of different people. So the conveyance will not

take place prior to our knowing that these conditions have been met.

21

SENATOR SMITH: So moved, with the conditions of the

November 20 letter.

SENATOR KAVANAUGH: Moved and seconded?

MS. HOLZBAUR: Second.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: In order not to jeopardize the

grant, based on the representations made in this letter, and on the record by

representatives of DEP and the city, yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Senator Smith.

SENATOR SMITH: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: May I ask--

Assemblyman Impreveduto, we had done, I think, 24 items prior

to that.

ASSEMBLYMAN IMPREVEDUTO: I was going to be in

affirmative on all of them.

MR. McGLYNN: Want to be in the affirmative? Thank you very

much.

SENATOR KAVANAUGH: All right, gentlemen, have a successful

time with this.

MR. McGLYNN: Item No. 26 -- thatís what weíre on, isnít it?

SENATOR KAVANAUGH: Twenty-six.

MR. McGLYNN: Liberty State Park, Jersey City, Hudson County.

The DEP, Division of Parks and Forestry, request approval to lease

approximately 25,000 square feet of the Central Railroad of New Jersey

Terminal to the Liberty Science Center, in order to accommodate the Science

Centerís administrative staff, and to provide exhibits for park visitors during

renovation and expansion of the Science Center.

SENATOR KAVANAUGH: Anyone here to comment? (no

response)

22

Motion, please.

ASSEMBLYMAN IMPREVEDUTO: Temporary use.

MR. McGLYNN: Correct.

ASSEMBLYMAN IMPREVEDUTO: Move.

SENATOR SMITH: Second.

SENATOR KAVANAUGH: Moved and second.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Senator Smith.

SENATOR SMITH: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

That completes the Commissionís agenda. We move now as the

Judicial Retirement System.

Could we--

MR. McGLYNN: We need approval of the minutes of the meeting

held on September 25, 2003.

SENATOR KAVANAUGH: All right.

ASSEMBLYMAN IMPREVEDUTO: Moved.

SENATOR SMITH: Second.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Senator Smith.

SENATOR SMITH: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Chairman Kavanaugh.

23

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: We need a motion to approve the confirmation

of death claims, retirements, survivor benefits, and terminations.

ASSEMBLYMAN IMPREVEDUTO: Moved.

SENATOR SMITH: Second.

SENATOR KAVANAUGH: Moved and seconded.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Senator Smith.

SENATOR SMITH: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

MR. McGLYNN: We need a motion to approve the financial

statements as of September 30, 2003.

ASSEMBLYMAN IMPREVEDUTO: Moved.

SENATOR SMITH: Second.

SENATOR KAVANAUGH: Moved and seconded.

MR. McGLYNN: Director Holzbaur.

MS. HOLZBAUR: Yes.

MR. McGLYNN: Treasurer Smartt.

DEPUTY TREASURER SMARTT: Yes.

MR. McGLYNN: Counsel Eppley.

MR. EPPLEY: Yes.

MR. McGLYNN: Senator Smith.

SENATOR SMITH: Yes.

MR. McGLYNN: Assemblyman Impreveduto.

ASSEMBLYMAN IMPREVEDUTO: Yes.

MR. McGLYNN: Chairman Kavanaugh.

SENATOR KAVANAUGH: Yes.

Is there any other thing on the agenda?

MR. McGLYNN: I donít have anything.

24

SENATOR KAVANAUGH: Okay, letís--

MR. McGLYNN: Thank you for all getting here in some trying

circumstances. And holiday greetings. I appreciate it.

SENATOR KAVANAUGH: I forgot your gifts. (laughter)

ASSEMBLYMAN IMPREVEDUTO: Thatís okay. You can mail

it. (laughter)

MR. McGLYNN: Iíd give you one, but you canít accept it.

Thank you.

(MEETING CONCLUDED)