Thank you to everyone who took the time to email the Pemberton town council. I am sure that it helped.

I was at the Pemberton Council meeting on Wednesday, it was a long night. The public part of the meeting started at 7:00 p.m. The entire published agenda had to be dealt with before the council could hear testimony regarding the Trust. We did not get to speak until 9:45 p.m. Since there was the possibility of litigation, we could could not ask the council any questions, we could only make statements. Testimony was over at about 10:45. My wife and then went home and had supper.

At least a dozen people, all local, spoke in favor of the Trust continuing as it was. In addition to the educational functions of the station and rail cars, it was acknowledged by those testifying that the Trust maintained the walking trail, saving the Township the expense of many man hours. Most of those testifying were not members of the Trust.

Only one person spoke against the Trust. He accused the Trust of leaving the N5B cabin car to fall apart, although he didn't identify the car that way. In fact it was disassembled. This person mentioned that there was another railroad station in the Township, and that he wanted to run trains there. I'm not sure what he meant by that.

At least one television station recorded the testimony. I don't know if the footage was broadcast.

-Mark

Just an observation - If the Courier-Post article is accurate, it seems the County also wants the railroad equipment gone. As previously noted by others, the township wants to trade the station property for some county-owned land next to the township municipal building. However, the article quotes the County spokeman as saying the land swap won't go through until the rolling stock is disposed of.

-- rkb

Yeah, I noticed that too. Sounds like the Trust either needs to talk to the County and get them to reverse; or decide to be a depot museum without railcars; or decide to be a railcar museum elsewhere. And this time, buy the elsewhere!

Or some temporary track can be laid so the collection can be moved to the land that is under a deed to the trust. (p.s, if anything comes up, I know someone who is an expert in deed law and whatnot)

The land you refer to was an easement for access and parking. The terms stated no permanent structures or track on the Easement.

Mike Stillwell
Buena Vista, VA.

I've been told that the easement allows for parking and displays, Would a display include a rail car on a piece of track? I've seen the deed once online, but I did not decipher the legalese, so I can't tell. I've been told that the rationale at the time the easement was created was that the Trust could restore the engine house, freight house and other structures. Those would seem to logically include rail.

I've also been told that Wawa granted the easement instead of donating the land due the cost in time and money to subdivide the parcel. If that's the case, the Trust should try to persuade Wawa to subdivide and donate now that there is no urgency for Wawa to develop the part of the property that they are using. Perhaps if the Trust paid for the legal cost of the subdivision in return for the donation of the land. (I have no idea if that could be a legal transaction, particularly for a non-profit.) Perhaps Wawa would like to avoid the possibility of being caught up in this mess, in that case they would have another motive to subdivide and donate.

A key question is, have we reached a point where the members of the Trust will not be run off by the Pemberton police if we try to paint the locomotive and cars? If that's the case we are ready to paint and have been for a month or more.

-Mark

Change in wind direction... heck yeah, if it was ME, I'd be painting. Now's the time to win hearts and minds by showing real progress.

As for the easement you need to pull it and actually read it. While you're there, check out the legal requirements for a land split. I think you'll find land splits require township approval and access to a public street suitable for the intended use (can't have a 10 foot wide easement to a Walmart). The government can really hang that up.

The other thing you need to look at is setbacks and zoning.

Anyway all this can do is buy you time. Ultimately you'll have to make peace or move.

I have read the easement agreement and like any written document, it is open to interpretation. I will not talk about spoken conversations and agreements that are not backed up in writing. Look where that got us after a meeting with the township administrator on June 1st.

At the meeting on Wednesday, 17 people spoke on our behalf about the history that our rolling stock tells.

Through three previous adminstartions (one being this mayor's first term) we brought equipment in that had historic significance to the area without any problems. And in one instance, December of 2009, the township even sent in their plows to clear the end of the trail so we could bring in the PS-1 boxcar.

And in one of the pamphlets circulated by the mayor touting his accomplishments, he took all of the credit he could for what the trust has accomplished. Remember we are the only ones that keep the trail clear, not the towship, not the Rotary, not the county. It was the trust that cleaned up the deer guts when one of Pemberton's finest decided it was OK to kill and gut the deer on the trail. No thought was given to the safety of anyone walking the trail.

Now as far as the resolution that was passed on Wednesday night, it was watered down with a lot of whereas this and whereas that. This resolution was written by the township solicitor who is appointed by the mayor. One of the paragraphs says:

Whereas, the township council believes it is in the best interest of the township to work with the trust and non profit organization to preserve the rolling stock and to postpone the the auction.

Another goes like this:

Whereas, administration sent a letter dated June 7, 2011, demanding that the trust develop a plan for either renovation or removal of the property. So why is it that on July 16th when we were trying to comply with this order and were working on getting the 45 ton diesel into a first coat of paint, the police were sent to eject us from the property?

And then there is the theft of five switch heads and plates valued at many thousands of dollars. One of our volunteers told the police on Friday that he wanted to go to the scrap yard and identify our stolen merchandise. The police didn't tell him which yard had the stuff until Monday and by then it was gone. The thief is in jail for the smaller items stolen during his second raid on our supplies.

See what we are up against. In future postings, I will keep you informed as to what is going on in this continuing saga.

Later!
Mr. Ed

Now the auction has been moved up an hour? Didn't the council order the auction canceled?

At this point, I think we need to hear from the Trust or the Township to understand what the next steps are. Apparently, the Council's vote did not influence a change in the course of action, despite the tremendous show of support locally and from a far.

Rob

A win for the Pemberton Museum somewhat. The auction has been canceled. Still might need a place to put them though.

The town council caved when the township solicitor (but representing the mayor alone) told the council they did not have the authority to pass a resolution telling the mayor to go back to May 1st and stop all of this nonsense and let the county worry about it when they take over. He drafted a resolution suggesting the mayor cancel the auction and open a dialogue with the trust. He didn't cancel the auction but did have a meeting with the trust's trustees where he told them to get the trains off site or he will go ahead with the auction. When asked if they moved the last two pieces to arrive off of the site he said no, thay all have to go. (As a side note, the grant work had it's first inspection and passed with flying colors. Guess who performed the inspection. The contractor who made wholesale changes and then put in for extras, and the township engineer who allowed the changes and OK'd the extras. Sort of like the fox watchiung the hen house). And the coucil does have the authority to tell the mayor to reinstate the lease just as it was on May 1st but they caved since none of them know the law.

As of this morning, the auction is off. Now the mayor, in his latest target movement, has told the trust that the equipment will be moved off of the property and if they want it back, they must pay to have it moved back and I am sure that is after paying storage charges. See his solicitor has told him he can treat the trains like an abandonded car ot truck, which he can't but with out a challenge, he will continue to run amok.

So here's what you can do to help. No amount of e-mail to the mayor will do anything. He has it in his mind that the trust is evil even though at the council meeting last Wednesday night, 17 people got up to talk in the trust's behalf. But you can tell the county what you think at http://www.co.burlington.nj.us/Pages/Vi ... spx?did=87. Click on the Chosen freeholders link (bios) and send them messages asking for them to suppport the trust's historic efforts and to get involved.

Later!
Mr. Ed

Well it appears this situation is still unresolved. Now the mayor is seeking bids to have the rolling stock removed and stored at the museum's expense. Failure of the museum to pay for the moves will result in the mover taking title to the item and disposing as they see fit.

Link to the article.
http://www.courierpostonline.com/article/20110812/NEWS01/108120339/Pemberton-Twp-mayor-cancels-rail-car-auction?odyssey=tab

It sounds like no matter what there won't be a happy ending to this saga.

Kevin