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  • The Pemberton Township Historic Trust

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Pertaining to all railroading subjects, past and present, in New Jersey

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 #1291780  by Tom_E_Reynolds
 
When discussing our pending station move, a friend pointed me to the official Pemberton Township Meeting notes from 10/19/2011 when the resolution was proposed to cancel the lease of the PTHT.

http://www.pemberton-twp.com/2011_MTG_MIN" onclick="window.open(this.href);return false;

From the minutes of the: TOWNSHIP OF PEMBERTON REGULAR MEETING OCTOBER 19, 2011 6:30 P.M.:
WHEREAS, THE TOWNSHIP OF PEMBERTON OWNS AND CONTROLS PROPERTY KNOWN AS THE NORTH PEMBERTON
RAILROAD STATION LOCATED AT 3 FORT DIX ROAD IN PEMBERTON TOWNSHIP; AND
WHEREAS, THE TOWNSHIP AND THE PEMBERTON TOWNSHIP HISTORIC TRUST ENTERED INTO A LICENSE
AGREEMENT DATED OCTOBER 4, 2000 (THE “LICENSE AGREEMENT”). PURSUANT TO THE LICENSE AGREEMENT, THE
TOWNSHIP LICENSED A PORTION OF THE TOWNSHIP PROPERTY, SPECIFICALLY THE RAILROAD STATION BUILDING
ITSELF, AND GAVE THE HISTORIC TRUST THE NON-EXCLUSIVE RIGHT TO UTILIZE THE RAILROAD STATION BUILDING
(THE “LICENSED PREMISES”) AS A NEW JERSEY PINELANDS TOURIST INFORMATION CENTER; AND
WHEREAS, THE LICENSE AGREEMENT DID NOT PROVIDE THE HISTORIC TRUST WITH PERMISSION TO UTILIZE ANY
PORTION OF THE TOWNSHIP PROPERTY OTHER THAN THE RAILROAD STATION BUILDING. THE LICENSE AGREEMENT
DISALLOWED THE HISTORIC TRUST FROM USING THE LICENSED PREMISES FOR ANY PURPOSE OTHER THAN A
PINELANDS INFORMATION CENTER WITHOUT THE PRIOR WRITTEN CONSENT OF THE TOWNSHIP, WHICH COULD BE
WITHHELD BY THE TOWNSHIP FOR ANY REASON. IF THE HISTORIC TRUST SOUGHT TO MAKE ANY ALTERATIONS TO
THE LICENSED PREMISES, INCLUDING THE THEME OF THE PINELANDS INFORMATION CENTER, IT WAS REQUIRED TO
SUBMIT SUCH ALTERATIONS TO THE TOWNSHIP IN WRITING AND THE TOWNSHIP HAD THE RIGHT TO REJECT SUCH
REQUESTS; AND
WHEREAS, FROM 2000 THROUGH 2011, THE HISTORIC TRUST PLACED APPROXIMATELY 12 PIECES OF RAILROAD
EQUIPMENT, INCLUDING CABOOSES, PENNSYLVANIA PASSENGER SHELTER AND CAST IRON CROSSBUCKFLAT
RAILROAD SIGN CAR, TWIN HOPPER CARS, GONDOLA TANK CARS, BOX CARS RAIL BUS AND A CENTER SIDE ROD
ENGINE AND SUBSTANTIAL AMOUNTS OF RAILROAD TRACK AND RAILROAD TIES (COLLECTIVELY, THE “RAILROAD
EQUIPMENT”), WITHOUT THE TOWNSHIP’S WRITTEN PERMISSION AND IN VIOLATION OF THE LICENSE AGREEMENT;
WHEREAS, IN 2006, THE TOWNSHIP FORMALLY ADVISED THE HISTORIC TRUST IN WRITING THROUGH LETTERS DATED
JULY 5, 2006, AUGUST 9, 2006, SEPTEMBER 11, 2006, AND OCTOBER 5, 2006, AS WELL AS THROUGH COURT
LITIGATION THAT WAS FILED AND SERVED ON THE HISTORIC TRUST, THAT THE LICENSE AGREEMENT DID NOT
AUTHORIZE THE PLACEMENT OF RAILROAD EQUIPMENT ON THE TOWNSHIP PROPERTY. THE HISTORIC TRUST FAILED
TO REMOVE THE RAILROAD EQUIPMENT AS DEMANDED BY THE TOWNSHIP.
WHEREAS, THE TOWNSHIP ENTERED INTO A SHARED SERVICES AGREEMENT WITH THE COUNTY OF BURLINGTON ON
JANUARY 21, 2009. PURSUANT TO THE SHARED SERVICES AGREEMENT, BURLINGTON COUNTY AND THE TOWNSHIP
AGREED TO A LAND EXCHANGE WHEREBY THE TOWNSHIP AGREED TO CONVEY TO THE COUNTY THE TOWNSHIP
PROPERTY AND BURLINGTON COUNTY AGREED TO CONVEY TO THE TOWNSHIP 11.12 ACRES OF PROPERTY
DESIGNATED AS BLOCK 812, LOT 9.01 IN THE TOWNSHIP OF PEMBERTON; AND
WHEREAS, IN FEBRUARY 2011, THE HISTORIC TRUST AND MICHAEL TAMN SOUGHT THE TOWNSHIP’S PERMISSION TO
PLACE A 1930 ERA CENTER CAB SIDE ROD ENGINE ON THE TOWNSHIP PROPERTY BY LETTER DATED FEBRUARY 15,
2011. THE TOWNSHIP DENIED THE REQUEST BY LETTER DATED FEBRUARY 16, 2011. NOTWITHSTANDING THE
DENIAL, THE HISTORIC TRUST ARRANGED FOR THE DELIVERY OF THE1930 ERA CENTER CAB SIDE ROD ENGINE ONTO
THE TOWNSHIP PROPERTY. A PORTION OF THIS PARTICULAR PIECE OF RAILROAD EQUIPMENT WAS ALSO PLACED
ON A PARCEL OF PROPERTY OWNED BY THE ADJOINING PROPERTY OWNER, WAWA, INC. BY LETTER DATED MAY 26,
2011, WAWA ADVISED THE HISTORIC TRUST THAT IT DID NOT CONSENT TO THE PLACEMENT OF 1930 ERA CENTER
CAB SIDE ROD ENGINE ON WAWA’S PROPERTY. WAWA FURTHER ADVISED THE HISTORIC TRUST THAT IF IT DID NOT
REMOVE THE 1930 ERA CENTER CAB SIDE ROD ENGINE WITHIN 48 HOURS, WAWA INTENDED TO BRING SUIT FOR
EJECTMENT AND FOR DAMAGES; AND
WHEREAS, THE TOWNSHIP HAS DEMANDED THAT THE HISTORIC TRUST REMOVE THE RAILROAD EQUIPMENT FROM
THE TOWNSHIP PROPERTY BECAUSE THE LICENSE AGREEMENT DID NOT AUTHORIZE THE PLACEMENT OF THE
RAILROAD EQUIPMENT ON THE TOWNSHIP PROPERTY. IN CONTRAVENTION OF BOTH THE TOWNSHIP’S AND WAWA’S
WISHES, THE HISTORIC TRUST HAS REFUSED TO REMOVE THE RAILROAD EQUIPMENT FROM THE TOWNSHIP
PROPERTY; AND
WHEREAS, THE COUNTY OF BURLINGTON HAS DECLINED TO CLOSE ON THE LAND EXCHANGE AS A RESULT OF THE
HISTORIC TRUST’S PLACEMENT OF THE RAILROAD EQUIPMENT ON THE TOWNSHIP PROPERTY; AND
WHEREAS, THE HISTORIC TRUST FILED A LAWSUIT AGAINST THE TOWNSHIP AND MAYOR DAVID PATRIARCA AND, IN
RESPONSE, THE TOWNSHIP AND MAYOR PATRIARCA HAVE FILED A COUNTERCLAIM AGAINST THE HISTORIC TRUST,
MICHAEL TAMN, AND OTHER DEFENDANTS; AND
WHEREAS, MAYOR PATRIARCA HAS PRESENTED A COMPROMISE TO THE TOWNSHIP COUNCIL, IN THE FORM OF A
NEW LICENSE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, THAT PERMITS THE HISTORIC TRUST TO
MAINTAIN RAILROAD EQUIPMENT ON THE TOWNSHIP PROPERTY , PERMITS THE HISTORIC TRUST TO CONTINUE TO
USE THE RAILROAD STATION BUILDING AS A NEW JERSEY PINELANDS TOURIST INFORMATION CENTER (BUT ON AN
EXCLUSIVE BASIS RATHER THAN A NON-EXCLUSIVE BASIS), AND CLARIFIES THE RESPONSIBILITIES OF THE HISTORIC
TRUST AND THE AUTHORITY OF THE MAYOR DURING THE TERM OF THE LICENSE AGREEMENT; AND
WHEREAS, THE TOWNSHIP COUNCIL, UNDER ITS STATUTORY AUTHORITY TO APPROVE CONTRACTS PRESENTED BY
THE MAYOR, BELIEVES THAT THE ATTACHED LICENSE AGREEMENT FAIRLY RESOLVES THE ISSUES CAUSED BY THE
HISTORIC TRUST AND WILL EFFECTIVELY PUT AN END TO THE PENDING LITIGATION BETWEEN THE TOWNSHIP AND
THE HISTORIC TRUST.
NOW, THEREFORE, BE IT RESOLVED, BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF PEMBERTON, IN THE
COUNTY OF BURLINGTON AND STATE OF NEW JERSEY, THAT THE MAYOR IS HEREBY AUTHORIZED TO EXECUTE THE
ATTACHED LICENSE AGREEMENT WITH THE TRUST.
BE IT FURTHER RESOLVED AS FOLLOWS:
1. THE LICENSE AGREEMENT BETWEEN THE PEMBERTON HISTORIC TRUST AND PEMBERTON
TOWNSHIP DATED OCTOBER 4, 2000 IS HEREBY TERMINATED EFFECTIVE IMMEDIATELY.
2. IN THE EVENT THAT THE HISTORIC TRUST DECLINES TO EXECUTE THE ATTACHED LICENSE
AGREEMENT, OR ANOTHER AGREEMENT TO WHICH THE MAYOR AGREES TO PRESENT TO THE
TOWNSHIP COUNCIL FOR CONSIDERATION, THE MAYOR MAY EXERCISE THE AUTHORITY
RESERVED TO HIM IN APPLICABLE STATUTES, INCLUDING, BUT NOT LIMITED TO, N.J.S.A. 40:69A-
40(F) AND (K).
This issue in Pemberton has always been on my mind as we, the Raritan River Rail Road Historical Society, Inc, having just received our non-profit status, are now working with local officials and engineers to get the Milltown Station moved from Private property to County property.

I could never understand how the Mayor\Township was able to do what they did, but from reading the official record, the situation becomes much clearer. Simply said, the PTHT never had the legal authority to put their assets on Township property. They were notified to this fact as far back as 2006, but continued to put more equipment on the property in the ensuing years.

Even when asking for permission and being explicitly told no for the engine transfer in 2011, they did it anyway. In fact, when they brought in that last engine, the PTHT even went as far as to put it on property that was not even owned by the Township anymore, now being owned by WaWa, inc, making a bad situation only worse.

The issue came to a head when the Township and the County wanted to do a land swap, something that happens a lot in all different towns and states. (My town just did it to build a bigger municipal building and police station.)

The County would not take possession of the property until the liabilities were removed, and so, as far as I can research, the land swap never took place. Eventually, a workable agreement could not be agreed upon between the Township and the PTHT, and the lease expired. (Its a shame because it seems like emotions got the best of them, as the PTHT, had no other choices then to work with the Township.)

It was a loose-loose situation for all involved. Mostly to all the volunteers who put in the hours and hours to repair or even just maintain the collection and the property, which, of whats left today, just sits closed and fenced off.

At least the station got restored and stabilized. Maybe when the dust settles, in another decade or so, a new organization can use that station.
 #1291787  by pumpers
 
Is the rolling stock all gone? (Not that most of it was ever going to do any more "rolling".) I was last there just over a year ago and there was quite a bit still there including at least 2 small locos IIRC. JS
 #1292808  by jrmay
 
The property is now vacant of all equipment. The two locomotives were both cut up as was the gondola, flat car, and Bayhead tank car. The two-bay hopper, N6b caboose chassis, the NX23 caboose, boxcar, N5 caboose, and CNJ caboose were all saved, some by members of the Trust who moved them off site at their own expense.

A real shame.