AGENDA Thursday, November 2, 2006 (TENNATIVE)

AGENDA

ENTITY- Borough of Medford Lakes
TYPE- Regular Council Meeting w/work session
LOCATION- Demby Annex
DATE & TIME- November 2, 2006 @ 6:30PM

I. Call to Order by Mayor Casey
Pledge of allegiance
Roll call

II. Conformance Statement:
Pursuant to the requirements of the Open Public Meetings Act, Adequate notice of this meeting has been provided by advertisement in the Central Record, Burlington County Times and posting on the Official Bulletin Board of the Borough of Medford Lakes

III. Work Session:
Municipal Refuse Collection Ordinance- Bulk Trash
(Code Enforcement Officer Dave Crane)

IV. Public Comment:
Members of the public may address the Borough Council. Please observe the time limit of three minutes.

V. Special Presentation:
Paul Addison- Addison & Holberg Architects
Public Works and Firehouse

VI. Minutes:
Regular Council and Workshop Meeting- October 12, 2006

VII. Ordinances:

ORDINANCE NUMBER 526 (second reading & public comment)
AN ORDINANCE AMENDING ORDINANCE NO. 517 TO PROVIDE FOR AND DETERMINE THE RATE OF COMPENSATION FOR UNION MEMBERS OF THE WASTEWATER UTILITY OF THE BOROUGH OF MEDFORD LAKES FOR THE YEAR 2006 AND SPECIFYING THE METHOD OF PAYMENT THEREOF

VIII. Resolutions:

RESOLUTION NUMBER 136-06
A RESOLUTION APPROVING THE BYLAWS OF THE SOUTHERN NEW JERSEY REGIONAL EMPLOYEE BENEFITS FUND

RESOLUTION NUMBER 137-06
A RESOLUTION AUTHORIZING THE REFUND OF A PLUMBING AND STREET OPENING PERMIT



RESOLUTION NUMBER 138-06
A RESOLUTION AUTHORIZING THE REFUND OF AN OVERPAYMENT

RESOLUTION NUMBER 139-06
A RESOLUTION REQUESTING THE APPROVAL OF THE DIRECTOR OF LOCAL GOVERNMENT SERVICES FOR THE INSERTIAN OF A SPECIAL ITEM OF REVENUE IN THE MUNICIPAL BUDGET FOR THE YEAR 2006

RESOLUTION NUMBER 140-06
A RESOLUTION AUTHORIZING A LOAN AGREEMENT BETWEEN THE BOROUGH OF MEDFORD LAKES AND THE STATE OF NEW JERSEY BY AND FOR THE DEPARTMENT OF ENVIRONMENTAL PROTECTION (Upper Aetna)

RESOLUTION NUMBER 141-06
A RESOLUTION AUTHORIZING A LOAN AGREEMENT BETWEEN THE BOROUGH OF MEDFORD LAKES AND THE STATE OF NEW JERSEY BY AND FOR THE DEPARTMENT OF ENVIRONMENTAL PROTECTION (Lower Aetna)

IX. Old Business:
Special Election- Bond Ordinance #524- Petition for Voter Referendum
Pending List (Attached)

X. New Business
T-Mobile Asset Optimization Program (Peter Lange memo)

XI. Correspondence:

XII. Reports:

XIII. Bill List:

XIV. Executive Session:

Jim Madden Mediation

XV. Adjournment:

The Facts Regarding the Purchase of 32 Stokes Road (The Easi Property)

Recently Medford Lakes Borough Council took long awaited steps to improve the image of our community by entering into a contract to acquire the abandoned property at the southeast corner of Stokes Road and Lenape Trail, the gateway to Medford Lakes. This decision was made after careful review, considerable negotiation, input from the public, and years of working with the present owner in an attempt to find a viable alternative use for the property.

HISTORY

The buildings on this property have been in very poor condition for many years. In addition, the previous use as an auto repair shop and the accompanying vehicles made a very poor first impression for all entering Medford Lakes. Limited alternative uses and a history of environmental problems have made it difficult for the present owner to sell to a private purchaser. To make matters worse, damage caused during the 2004 flood resulted in the abandonment by the present owners and further decline in the condition of the buildings on the property.

ISSUES

Some obstacles that have hindered the private sale of this property include:

• Previous environmental contamination – Although the soil contamination on the property has been remediated and a No Further Action Letter has been issued by NJDEP, most potential buyers are not familiar with environmental issues or are unwilling to take on the added expense to ensure the property is free of contamination and safe to purchase.
  
  


• Residential zoning – The lot is currently zoned for residential use only. The location at a busy intersection and the narrowness of the lot makes it impractical for use for residential purposes. The previous dual use as a residence and auto repair shop was grandfathered.
  
  


• Limited commercial use – Commercial uses other than an auto repair shop would require use and parking variances, at a minimum. Unfortunately, due to the size and irregular shape of the lot, corner location, and proximity to the lake and dam, very few parking spaces can be located on the property, making almost all other commercial uses of the property impractical.
  
  


• Regulatory Approvals – Even if a commercial purchaser could solve the parking problems and obtain a use variance, commercial developers are typically reluctant to go through the time consuming and costly process of obtaining the myriad of additional approvals for this relatively small project, such as Pinelands, stream encroachment, fresh water wetlands, historic, and County, to name a few.

STATUS

This key location of this property at the primary entry point into town is the sole reason we are interested in acquiring this property. Although the Borough stands to lose a tax ratable by purchasing the property, we believe that it is critical to the image of the Borough and all of our property values that the current buildings are demolished and the property restored to a suitable condition. Borough Council also feels the time is right to purchase this property. When the last potential sale of the property fell through earlier this year, the Borough entered into discussions with the owner and, after several months of negotiations, arrived at a purchase price of $225,000. This contract allows for an appraisal and an engineering evaluation to confirm the present environmental status. In the event the property does not appraise for the purchase price, or any unacceptable environmental issues arise during this due diligence period, the Borough can elect not to proceed with the purchase.

The Borough has introduced a bond ordinance in the amount of $285,000 to fund this purchase. We estimate the following costs associated with the project:

Purchase Price $225,000
Closing Costs $3,000
Environmental Review $3,000
Demolition $18,000
Site work, landscaping, etc $18,000
Contingency $18,000
TOTAL $285,000

Based upon a 15 year bond at 5%, the cost to the average taxpayer (assessed at $150,000) would pay about $23 per year for this acquisition.

We fully expect the final costs to be less than $285,000 in which case any debt remaining on the bond would be cancelled. We also are confident that a significant portion of our Flood Recovery costs will be ultimately reimbursed by FEMA, and as such, we believe it is prudent to make this expenditure.

PLANS

For the time being, the Borough plans to maintain the property as open space and will be seeking input from the public on design alternatives. However, by purchasing the property, the Borough will be able to exercise complete control over the future of the property, including a possible future private use should that make sense at later point. Borough Council will continue to seek advice from our residents regarding the ultimate best use for this property. For now, by concluding this transaction, we will eliminate a blighted property that has plagued the Borough for many, many years and without limiting our options for determining a better use of the property in the future.