Dozens of Boy Scouts from Troop 40 attended the West Windsor Council’s work session on December 9 to get a real-life civics lesson — and got a lot more than they bargained for when several debates broke out following their presentation.
The scouts (including the son of WW-P News reporter Sue Roy) were there to hear discussion on one of two proposed ordinances relating to Schenck Farmstead. Troop 40 Scoutmaster Martin Rexroad, spoke in support of an ordinance that memorializes a 20-year agreement between the township and Troop 40 to allow the troop to store its equipment in one bay of a three-car garage located on the Schenck Farm property.
“Troop 40 has recognized 48 Eagle scouts in the past 10 years, and a total of 108 over its 49 year history. I estimate that Troop 40 Eagle Scouts provide about 1,000 volunteer hours of service to West Windsor, and many more hours if you count service outside our township,” said Rexroad.
Troop 40 Senior Patrol Leader Michal Rexroad also spoke. “In Boy Scouts, our motto is ‘Be Prepared.’ How do we prepare? We purchase, store, and use a lot of equipment and gear for each of our activities, [some of which] we have kept at Schenck Farm for many years because we do not have room for it anywhere else. For example, we store our canoes, paddles, and personal flotation devices; our Klondike sleds, which we use at our winter Klondike campout; and other equipment and gear that we need for our scout program to be so successful.”
All five Council members complimented the Scouts, and Council president George Borek added that he was present at Schenck Farm when more than 125 scouts and parents assembled Christmas wreaths. “It is a real benefit to the community to have Troop 40 at Schenck Farm,” he said.
The Council unanimously agreed to introduce the ordinance. Public hearing for this ordinance will be held at the December 23 meeting.
The discussion over the second ordinance relating to Schenck Farm did not go as smoothly. The issue was whether the Council should introduce an ordinance allowing the township to lease the Schenck Farm, now the home of the West Windsor Historical Museum, to the West Windsor Historical Society.
“In order to enter into the type of lease that the township is contemplating, the non-profit organization must conform to state and federal laws governing the requirements for tax exempt status,” said resident John Church. “In this case, the Historical Society is not a 501(c)(3) organization, and so the township is prohibited by law from entering into this lease.”
Said resident Marshall Lerner, “Schenck Farmstead is a valuable property, with over $800,000 in improvements, and now you want to lease it to the Historical Society. They are not a charitable organization, a 501(c)(3), under federal or state law, and while they have been running the site, it has only been open six times a year for tours. I understand what we as a town are trying to do here, but I ask that before you go forward, you do a cost/benefit analysis. What programs does the Historical Society plan to implement, and are they the best choice? And, do they meet all of the legal requirements?”
Pete Weale alerted the Council and business administrator Marlena Schmidt that he had filed numerous Open Public Records Act requests relating to Schenck Farm and the Historical Society; including accounting of how the money given to the farm has been spent, and proof that the Historical Society is a tax-exempt organization.
“I have filed nine such requests, including one this week, and none have been answered. I get the same response: the information you have requested is not available. I find it hard to believe that the township does not keep records. I have also asked for a breakdown of the fees paid to township attorney Mike Herbert, and I have never received the answer to that question, either,” he added.
Several Council members also expressed concerns. “The society does very good work, but I have seen no business plan to show how they will utilize this township asset,” Council member Bryan Maher said. “I question their leadership, especially in light of what happened to Grover Farm. One of the plans is to rent out portions of the Schenck Farm for functions, and I question how we can rely on the current Historical Society leadership to do that with no records, no systems in place, and no business plan.”
Council member Linda Geevers said: “We need a building use policy that is applied to everyone. Then we would avoid situations like this.”
Township land use planner Sam Surtees was present to answer questions. “The Historical Society is not registered as a federal 501(c)(3) nor do they have any intention of doing so. However, they have been registered with the state as a non-profit organization since 1984. I have requested that documentation and will verify that as soon as I receive it.”
Council member Kristina Samonte noted that “When Ron Zaitz donated the land to the township, he specifically stated that the farm was to be leased to the Historical Society, so we need to work with the society to help them come into compliance with all state and federal laws.”
Said Borek: “We need more information before we can move forward with this ordinance. Therefore, I think we should hold off on introducing it until a later date.”
Council members agreed, and the ordinance was not introduced and will not be part of the agenda at the December 23 meeting.
Smoking Ordinance Advances. Also up for discussion was an ordinance proposed by outgoing Council member Khanna to ban smoking on municipal property.
Township health inspector Jill Swanson presented the ordinance, which as it currently reads would “prohibit smoking within a 35-foot radius of the front entrance of all municipal buildings,” in all township vehicles, and in all public parks, property, and recreation facilities owned or leased by the Township, used by the public recreational activities, including all areas adjacent to such facilities.
Geevers expressed concern that the ban did not go far enough. “There is general agreement that smoking is harmful. Why should we allow smoking on municipal property at all? We should follow the school district — and the state statute — and ban smoking on all municipal property altogether.”
Samonte responded, “I am in support of the ordinance’s [current] language. I have done some research, and I don’t believe it is the state’s intent to ban all outdoor smoking. I want to emphasize that smoking is not good for you, especially to all of the kids sitting in the audience tonight, but I don’t want to criminalize smokers.”
“I think it is a good idea to address the smoking issue,” agreed Maher. “I don’t smoke, no one in my family smokes, and I am opposed to smoking. Having said that, smoking is not a criminal act. I believe in individual rights, and the new wording of the ordinance addresses that. People can smoke in parks with certain strong limitations.”
“However, I believe the penalties are too high. As it stands, the penalties are $250 for a first offense; $500 for a second offense, and $1,000 for a third offense. This is onerous. I recognize that other towns use the same numbers, but I think they are too high. I don’t want the penalties to be so severe that no tickets are ever given out because that just defeats the purpose. Otherwise, I think the ordinance is fine and I will support it.”
“I have no problem lowering the amounts of the penalties,” said Khanna. “Second-hand smoke kills, and I want the ordinance to be in place to limit residents’ exposure to the dangers of second-hand smoke.”
Borek also explained his perspective. “I went to some of the township soccer fields and talked to some moms there. One mom didn’t have a concern about second-hand smoke, but the rest did. And there were many, many cigaret butts on the ground at the fields, and also over at the dog park. After viewing this, I thought that having these cigaret butts all over was not beneficial to the community, and I changed my mind. I now would like to see a total smoking ban in all parks and outdoor recreational facilities.”
Council ultimately voted 4-1 to introduce the ordinance, with Geevers casting the lone dissenting vote. A public hearing on the ordinance will be held at the Council meeting on Monday, December 23.
The Council also pulled a proposed ordinance that would provide greater oversight for taxis operating in West Windsor. “We fully support the ordinance. We are in complete agreement that there are too many rogue taxis that operate here,” said Jeff Schencker, the executive vice-president of A-1 Limousine. “However, I ask that you check the wording of the ordinance before you introduce it to ensure that the language relates to taxis, not limos, which are governed by a separate — and strict — section of law.”
The taxi ordinance will likely be introduced on December 23.
An ordinance designed to establish a salary and wage plan for township employees for the next three years was also discussed. For a full listing of the proposed salaries, see www.westwindsornj.org.
The other Council members agreed, and voted 5 to 0 to introduce the ordinance. The employees’ contract is expected to be ratified soon, and if it is the public hearing will be held on December 23, said Borek.
Another proposed ordinance met no resistance. West Windsor Parking Authority president Andy Lupo wrote a letter recommending that Patrick Boyle be appointed to fill a vacancy. All of the Council members spoke highly of Boyle, and unanimously agreed to introduce the ordinance, which was passed unanimously.
Likewise, the cable television station ordinance, which had previously been introduced, was unanimously passed. There will no longer be any restrictions on political speech prior to municipal elections, bringing the township into compliance with federal law.
Procedural Changes Proposed. Geevers once again recommended that Council hold more work sessions in advance of business meetings to discuss and refine issues.
Maher said that he wanted to change the structure of the meetings in a slightly different way: “I think that Council members should be allowed to address issues raised in the second public comment portion on the same night. Too often, the person makes their statement, the meeting is adjourned, and the issue is never addressed.”
A case in point: Weale, a former Eagle Scout, later commented, “I am very upset to learn that the working session portion of this meeting, with over two hours of discussion, was not televised. The scouts were here for a reason, and none of it was heard or seen by the residents. The purpose of videotaping is to educate the community, and these meetings should all be videotaped.”
Maher agreed that work sessions should be televised.
Appointments of Attorney and Auditor Discussed. Maher and Geevers also raised the issue of administration appointments, specifically the positions of township attorney and auditor.
“I believe we should send out requests for proposals (RFPs) for these positions,” they both said. “We do not even know if we are paying a fair rate for these positions, and what better way to find out than to send out RFPs?”
Samonte reminded them that “the appointments are made by the mayor. Under the municipal charter, our role is to advise and consent, nothing more.”
“We advised the administration two weeks ago that it would be highly advisable to seriously consider the RFP process, to avoid discomfort to the incoming Council,” Maher added.
The meeting on Monday, December 23, promises to be a busy one. Public hearings and votes will be held on numerous ordinances, and two township volunteers, Chief Richard Glover of West Windsor Fire Company Number 1, Station 43, and Chief Dennis Huber of the Princeton Junction Fire Company Number 1, who are both retiring (as chief) as of January 1, will receive commemorative plaques for their service.
Speculation as to who the next Council president will be has already begun, with Bryan Maher and Linda Geevers being the likely choices. Though the decision won’t be made until the reorganization meeting on January 1, “anything is possible,” Maher said.
