City agrees to build ramp at Matilda Terrace Cost of constructing ramp on the oceanfront not to exceed $130,000 BY CHRISTINE VARNO Staff Writer LONG BRANCH - The city has agreed to construct an Americans with Disabilities Act (ADA)-compliant ramp at Matilda Terrace to better public access along the oceanfront. The city entered into an agreement last week with 81-year-old Ocean Boulevard resident Austin Gelzer that calls for the cost of the construction of the ramp to not exceed $130,000. If the cost of the project exceeds the $130,000 price tag, the city is not required to complete the ramp and can terminate the agreement, according to the terms of the settlement. "Once the bids go out, if they exceed the $130,000, the city does not have to build the ramp," City Attorney James Aaron said at the March 11 City Council meeting. "The estimate was given to us by the municipal engineer," Aaron said, adding that the city does not anticipate the bids for the project coming in over budget. "We are anticipating getting the job done within the $130,000," Aaron added. The council voted 4-0 at the March 11 meeting to adopt a resolution approving the agreement with Gelzer. Gelzer filed a discrimination complaint form with the U.S. Department of Justice on behalf of senior citizens and disabled residents in February 2007, requesting that the federal government enforce ADA requirements in Long Branch. In the complaint, Gelzer charged that the city has not been compliant with ADA regulations since 1992 when the ADA came into effect. Gelzer alleged in the complaint that the city failed to provide barrier-free access to persons with disabilities from the southern portion of the municipal boardwalk to the beach. The city denied any violations of the ADA and entered into an agreement with Gelzer without trial or adjudication in order to "amicably" resolve the matter, according to the settlement. The agreement calls for the city to appoint a municipal employee to serve as an ADA coordinator within the next 60 days and to adopt anADAGrievance Procedure within 90 days. The city is seeking approval from the N.J. Department of Environmental Protection (DEP) for a CoastalArea Facilities Review Act (CAFRA) permit to construct along the oceanfront. "While the city cannot predict when DEP will approve and issue the CAFRA permit, the city shall use its best efforts to persuade DEP to expeditiously complete its review of the city's CAFRA applications for the construction of the Matilda Terrace ramp," the settlement states. Plans call for the ramp to be constructed within 120 days after the DEP approves the CAFRA application, according to the settlement.