Monday, November 13, 2023

Manager's Report for the November 9, 2023 Council Meeting

 

               1. Mike Rodgers Retirement:

Our Construction Official, Michael Rodgers, is scheduled to retire on November 30, 2023.  Mike has served Lawrence Township since July 23, 2001.  He became our Construction Official after Anthony Cermele’s retirement in July 2020.  Mike has done a tremendous job, and I enjoyed working with him.  I want to publicly thank him for his good work and wish him the best in his retirement.

We have a succession plan, and an announcement will be made shortly concerning promoting a current staff member to the position of Construction Official.

Keeping in line with the Construction Office, some of you may know that we have transitioned our permit process to an online portal (accessed through our township website) for residents and business owners working with the Construction Office for building inspections.  The entire staff underwent extensive training over the past year. 

The system is by Mitchell-Humphrey and is called FastTrackGov.  Its purpose is to make the permitting process more transparent and user-friendly.  It allows applicants to view the progress of their permits and identifies whatever issues must be addressed.  This system reduces phone calls to the office and provides immediate information to the end users – our residents and business owners. 

Recently, we included the ability to pay online with a credit card.  Our inspectors were also provided with field handheld devices to input their findings, reduce paperwork, and streamline their process.   Additionally, the plan is to transfer all available historical public documents (documents subject to OPRA) to reduce the staff hours necessary to respond to OPRA requests.

Our Health Department has begun the training for a similar transition to streamline health inspections and better serve our residents and the business owners in our community.

2.     Safety Concerns at Route 206 and Eggert Crossing Road intersection

        As you may know, this intersection is rather busy during school hours with motor vehicle traffic and pedestrian traffic (mostly students walking to and from school).  Over the past several years, the intersection has been the subject of study to determine how it can be made safer.  Route 206 is a State-owned road, which limits our ability to address the issue on a local level 

Recently, our Municipal Engineer was able to advocate successfully to the NJDOT for positive changes.  It has agreed to add a 4-inch wide stripe along the curb line of Eggert Crossing Road at Route 206 and widen the sidewalk area to increase the buffer zone (motorists' travel lane and the sidewalk).  Additionally, we petitioned the NJ DOT to create a 25 mph School Zone at the intersection in both directions along Route 206 to include flashing lights to warn of children in the area.  In a letter dated October 27, 2023, the NJ DOT informed us that its Division of Traffic Engineering will investigate the current conditions to determine if the requested 25 mph is warranted. I will report back once we receive their conclusions.

 3.    Federal City Road and Federal Point Warrant Analysis for Traffic Light

As you know, we have a 55+ community located on Federal City Road known as Traditions at Federal Point.  This site borders Hopewell Township which had approved a 300-unit housing development known as Woodmont directly across the street from the entrance at Traditions.  With the approval of this large development on the border of Hopewell, the impact to traffic in the area is evident and the concerns of residents living nearby were justified.  Specifically, our Lawrence residents our currently experiencing difficulty in safely exiting from their development onto Federal City Road and Ewing and Lawrence Residents near the intersection of Bull Run Road and Federal City Road have the same concerns.  As a result, officials from Hopewell, Lawrence, Ewing and Mercer County met to determine how best to address the issues with traffic lights at the forefront – first at Bull Run Road.  Since we believed this light would not adequately address the specific needs of our residents, we undertook a warrant analysis study to determine whether a traffic light was justified at the entrance of Traditions.  Before installing a traffic light, this type of analysis is required by the NJDOT. 

We recently received the report from our traffic consultant, and I shared it with you yesterday by email. A summary of the report is as follows:

The traffic signal warrant analysis is a comprehensive investigation of traffic conditions and physical characteristics. This analysis is required to determine the necessity for the installation of a new traffic signal.  Additionally, the analysis is performed to properly assess the roadway infrastructure design and smoother operation of traffic flow. The field observations, existing traffic volumes and roadway characteristics were compiled and executed in traffic signal warrant analysis worksheets as set forth in the Manual on Uniform Traffic Control Devices for Streets and Highways, 2009 Edition (“MUTCD”) Revisions 1, 2 & 3. The MUTCD guidelines are published by the Federal Highway Administration (“FHWA”).

A traffic signal warrant analysis generally involves the investigation of the existing or proposed traffic conditions, pedestrian characteristics, and geometric alignment of a study location. The traffic signal warrant investigation is comprised of analyzing several factors related to the existing operation and safety of the study location. The factors are utilized to determine if signalization will improve the traffic flow compared to unsignalized conditions.

The MUTCD outlines a total of nine (9) traffic signal warrant criteria, which are applied to determine if signalization is justifiable.

The 105-page report essentially states the following:

  • The intersections of Federal City Road with Bull Run Road and Federal Point Boulevard both meet the warrant for a traffic signal.
  • While signals are recommended at both intersections, it would be most beneficial to Lawrence Residents to have a signal at Federal Point Boulevard.
  • A signal at only Federal Point Boulevard will provide minimal benefit to the intersection of Bull Run Road.  Similarly, a signal at only Bull Run Road will provide minimal benefit to the intersection of Federal Point Boulevard.
  •  There should be no issue with the proximity of US Route 295.
  • Widening for opposing left turn lanes would likely be recommended at Federal Point Boulevard.  This will result in increased costs and utility impacts. 

 

        Our Traffic Consultant wasn’t asked to provide an estimate, but our Municipal Engineer believes the cost would be in the $500,000 range for a signal at either location. 

 

         I plan to meet with officials from Hopewell and Ewing to discuss plans if our governing body is supportive.  It is my recommendation, based on public safety needs, that we aggressively pursue the traffic signal at Federal Point and seek the cooperation and contribution of Hopewell and Ewing for this work.


POST SCRIPT:  At the council meeting, the governing body supported the plan to install the light after reaching an agreement with the adjacent towns (Hopewell and Ewing) on sharing costs.   

4.     4. Hero Park:

         If you drive by Hamnett Park off Ohio Avenue, you see the active work being done to create our dog park, which will include two dog-run areas and a walking path around the perimeter for pedestrians to use for exercise.  We expect the work to be completed in about a month.  We need several months for grass to grow within the areas before opening up for use.  April 2024 is the target time frame for a more formal opening.

 

5.    5.    Colonial Lake Park:

         As you may have heard, the walking path on the Northern side of the Lake has been completed, which completes the loop around the lake.  We have a Lake Management Grant of $316,800 funds available for hydro-raking, shoreline restoration, and asphalt removal of that portion of the Sheft property we acquired behind the bowling lane building.  Our match to this grant is $79,200.   

6.    6.     Eldridge Park:

         NJ DOT presented us with an opportunity to apply for the funding of a local project involving pedestrian improvements.  It is a Pilot Program to install porous pavers on a Township site to showcase the product and other park improvements.  The project would be administered as a grant, but all aspects – design, construction, and inspection – would be funded by the state.  We were identified as a possible recipient based on our reputation and ability to deliver funded projects.

 

We identified Eldridge Park as an area that could be improved with a porous walking path around the park's perimeter.  It is envisioned as a gently curving path outside the drip line of the mature trees, constructed of porous materials to minimize stormwater impact.  Our application includes a request for four designated parking spaces, including a handicapped accessible space at the existing depressed curb on Tulane Avenue and miscellaneous park improvements such as benches, trash receptacles, and additional landscaping.  The cost estimated and applied for is $415,725.

This project, if awarded, would complement the planned equipment upgrade through the NJ DCA Local Recreation Grant of $65,000 we received and recently were approved to spend and will provide linkages between play areas. 

I believe it is critical for us as a municipal government to make sure that all areas of our community are meaningfully addressed for capital improvements – and our community parks are good means to improve the quality of life for the nearby residents.

7.     Lawrence Nature Center:

         As you know, we received grant funds for $88,000 for improvements to the exterior grounds of the Nature Center.  For design work to create and install a more formal parking area, fix the patio on one side of the building, and install lighting to better improve accessibility to the building.  We have begun the design work.  We also have some funding designated in the Capital fund to complete this work.

 

In addition to the exterior work, we are exploring possibilities for a project that will include interior furnishings and lighting upgrades for potential displays and exhibits for the ground floor of the Nature Center and detached garage.

8.     Career Firefighter Hiring’s:

         We received the list of eligible firefighters from NJ Civil Service. Those who were eligible were required to take the physical skills examination, and once that was completed, we received the final eligibility list.  We then conducted six interviews for the three available positions. Offers of employment will be going out over the next couple of days.   

 

9.    9.  Report and Recommendations for a New Fire & EMS Station for Lawrence Township:

As everyone knows, we received a grant from the NJ Department of Community of Affairs for $725,000.  The grant award aims to provide funding for engineering and architectural design, environmental studies, and preparation of bid documents for a new centralized Emergency Management Operations Center.

The township engaged Cotter Strategies, LLC, a fire and emergency services consulting firm, for the first phase of the process.  Specifically, to study the existing fire stations and perform a need assessment to better understand what will be required for a new central station.  This determines the type and size of the facility we will need as a community for a central fire/EMS and 911 facility.

We do expect to receive the report in the coming weeks.  The preliminary conclusion is that the study team supports the construction of the new facility at the proposed location adjacent to the Municipal Building and that a central facility will provide important benefits.  Reducing the number of fire station houses will reduce duplication of equipment and apparatus, resulting in significant cost savings for taxpayers.  Moreover, a new facility will provide improved facilities for the health and safety of personnel, integration of the EMS and Fire Operations, further integration of career and volunteer members as a part of a combination organization, co-location of the Office of Emergency Management, the Emergency Operations Center, the local 911 emergency communications center and potential other administrative offices.

Once the report is received, it will be shared with you and the community.   I will say this again publicly: I value the volunteer fire companies' service to our community in the past, the present, and for the foreseeable future.  I am committed to taking responsible action to support and improve the volunteer firefighter service to our community.

POST SCRIPT:  At the meeting, a resident stated during public participation that he felt we should be taking our time and proceeding slowly.  We are.  But we must begin, and that is what we are doing.  Putting our heads in the sand and hoping things improve is not a valid or responsible plan.  We identified that our community has a serious public safety issue, and we applied for and received a grant for $725,000 to study the issue and provide our elected officials with all of the information necessary for them to make an appropriate decision on behalf of the community - to answer the question of whether to build a central Fire/EMT facility and if the Municipal Campus is the appropriate place to do so.  We must begin the process to make these decisions, not let important projects languish.   We will rely on the objective data related to our community and our response record to fire calls, etc., the advice and recommendations of highly qualified professionals we retain to act in our best interests and in the interest of public safety, and our judgment on the proper course of action to take.   

For whatever reason, people wrongfully believe that a decision is to be made soon on these very serious community issues, and that is simply not the case.  The matter will be researched, studied, and investigated, and once all of the information is compiled, the elected officials will decide whether to move forward - and will do so after public meetings and listening to comments and opinions from residents.  

10.                       Craft Cleaners site and the Pit Stop site:

         1840 Brunswick Avenue is presently a vacant and abandoned lot along Brunswick Avenue (across from Burger King) that we have targeted to address in some meaningful as it languished for decades first as an abandoned building that used to be the site of a local business known as Craft Cleaners, which was demolished through township efforts years ago.  The land is currently owned by a defunct LLC with unresponsive members who acquired the property, I believe, through a sheriff sale but then realized its potential for being contaminated, and the LLC simply ceased operating as a business entity, leaving the land unattended and left to accumulate tax liens.

         As we began the process of actually doing the work necessary to improve the Brunswick Streetscape, a concept in existence for decades but not meaningfully acted upon, we identified this vacant site as an important piece to address. 

        Much like we have handled the Pit Stop site, we applied for an NJ EDA under the HDSRF Program and received a grant for $132,845.  The grant was to fund a Preliminary Assessment and Site Investigation of the property to determine the extent of the contamination and the need for remediation. 

         Since receiving approval, we have engaged Langan Environmental Group to perform the assessment and site investigation.  That work has started, and that process will take time.  Once it is completed, we will better understand the remediation work necessary to get the property “clean.”   Once the NJDEP issues a No Further Action Letter, we hope to obtain title through foreclosure. However, in contrast to the “Pit Stop” application, the ultimate goal for the site is for redevelopment consistent with our overall goal of improving Brunswick Avenue as a pedestrian-friendly mixed-use area.

           The Preliminary Assessment and Site Investigation have been completed for the Pit Stop, and the final report has been submitted to the NJDEP for review.  We await their response to pursue further grant funding for the remediation work.

 

11.                       2024 Budget Process:

           Department heads had submitted their budgets to our CFO, Peter Kiriakatis.  Pete has provided me with a copy and has conducted his preliminary meeting with the department heads.  We will then get together to begin the preparation of the recommended budget to present to the governing body.  Once the new council members are sworn at reorganization, the governing body can work out the plan for the public budget process.

 12.                        Grant Game:

         Throughout my report, you have heard the word grants.  We are committed to keeping our community vibrant and moving forward with improvements by funding these projects from grants.   As I began as the Municipal Manager, it was readily apparent that we did not have a formal grant program with a designated and dedicated staff member to the point person.  We made the decision to make our part-time Municipal Engineer, Brenda Kramer, full-time and have her take over as our designated grant person.  She has done an amazing job, and we have improved our ability to identify grants, apply for them, and execute them when funds are received.  It has also motivated our department heads to find grant opportunities to help realize their vision for the services they help provide to the community.

For 2023, we have applied for over $6,088,847 grants and have been awarded $3,608,847 in grant funds, with applications for over $2,934,732 and $675,867 already awarded for 2024.   These funds allow us to improve upon our infrastructure when our finances would preclude us from doing so, and also reduce the amount we would need from our taxpayers by the amount we are rewarded.  Millions of dollars each year.  

13.                        From the Rec Department:

Deck the Town Hall Tree Lighting and More

December 8th, starting at 6 pm:

·       Cookie Decorating

·       Reindeer Food Making

·       Trackless Train Rides

·       Mechanical Reindeer-new this year

·       Hot Chocolate

·       Cookies

Holiday House Decorating Contest:

December 1-14

·       Houses around town compete for the title of the best-decorated holiday house and other categories.

 

Jolly Trolley:

December 15th

·       Drive around town in a Victorian-style trolley and enjoy the wonderfully decorated houses in Lawrence Township.

 

Monday, October 23, 2023

"Change is the law of life...."

     I was reading an article in the most recent edition of NJ Municipalities.  It was on the subject of Municipal Capital Projects.  It started with the following quote from John F. Kennedy,

“Change is the law of life.  And those who look only to the past or the present are certain to miss the future.” 

I had not heard it before, but it did resonate with me.  I love a good quote!  As Municipal Manager, I have encountered many people who subconsciously fear change and consciously oppose issues that move our town forward, whether it involves development, redevelopment, capital improvements, municipal services, or restructuring a fire department to answer the community's public safety needs.  No matter the issue or the actions the elected officials or I take that are intended to impact the community positively; there will undoubtedly be opposition and disagreement in some form or another.  In my first few years, I had the naïve thought that there was no way someone could be against “this or that,” but it never took too long to understand how wrong I was.  As I approach my seventh year in the position, though I strive for universal approval, I understand it is impossible.

       Several months ago, at a council meeting where a redevelopment project was being discussed, an elderly man approached the podium to participate in public comment.  I know this man to be a good man with a good heart and a strong interest in our community and its governance.  He said that “we don’t need any more apartments” in our community in an effort to oppose a potential housing project.  It followed up on a similar position espoused by a former elected official from our town.  I found the comment to be disappointing and shortsighted.    The idea of “closing borders” is in the national conversation, and at times, it also becomes a local battle cry.  But for the local issue, I think some aspects need to be considered that are not.

I am certain this man has lived in this community for decades in a house he owns that probably does not have a mortgage.  So, when he says the town doesn’t need any more apartments, he is coming from the mindset that he does not have a need for an alternative housing situation in our town.  But many people do.  I can’t tell you how often I have heard that younger people who grew up in Lawrence Township and want to stay and live here in their young adulthood can’t afford to.  Or for the elderly person (or couple) looking to downsize, sell their home, and can’t find an affordable rental situation in town.  Or Lawrence Township’s never-ending obligation to provide and meet affordable housing requirements (by creating new housing) as determined by the NJ Supreme Court.  We call it an obligation, but it is better stated to be our responsibility that we should want to meet – and we do!  Like it or not, we need to remain a thriving community, and housing is interwoven with what a thriving community means.  This is not to say that there should be a frenzy of new housing built in our town, but responsible growth is necessary.   And for those who will argue that our schools are overcrowded as a way to fight new housing developments, I will tell you that the data shows this is not true.   

      Opposition to change is also present in our efforts to transition from a volunteer firefighting force to a combined volunteer-career fire department.  You see it on the various community FB pages and in letters directed to our elected officials.  Though the struggle to find and have volunteer firefighters join a fire company and respond to calls is a national problem being addressed by thousands of communities just like ours, there is a small group of volunteers who have a difficult time adjusting from their autonomous status of self-rule as a fire company serving our community to one providing fire protection within a combined fire department under the supervision and command of a township official.   We all knew that this period of transition was going to be challenging – because change is difficult.  But our elected officials and I are responsible for ensuring public safety.  If we put community first above the wants and needs of a volunteer firefighter and individual volunteer fire company, the path forward is clear – though the road will be bumpy. 

Since 2017, we have made substantial efforts to support the volunteer fire companies, honor their service, and responsibly address the serious needs of our community for firefighting services.  Will we ever get to the point where every individual volunteer firefighter will accept the change or agree with the decisions made in the interests of the entire community? No – most assuredly, no.  But that’s not the goal – and it can’t be the goal.  Whether it relates to capital improvement projects, residential and commercial development projects, or addressing serious public safety issues, change is the law of life, and we can’t miss our future.   

We want Lawrence Township to thrive, to take action that allows us to continue to provide the services our residents deserve and expect, and to make our community diverse and dynamic. 



Tuesday, September 12, 2023

The speech delivered by Chief of Emergency Medical Services, Christina Vincent, at our 9/11 Memorial Service (delivered on September 11, 2023).

Yesterday, we held our annual 9/11 memorial service. As a part of our service, our very own Chief of Emergency Medical Services, Christina Vincent delivered the speech. In short, she did an amazing job describing her experiences on that day and her reflections of its impact on all of us, and I wanted to share her words with you all on my blog. The following is the speech:  

0700 September 11,2001

As I stepped out into the bright sunlight and beautiful clear blue skies on that warm summer morning from the dimly lit hospital EMS crew room, I had only two things on my mind: getting home as quickly as I could to begin the usual rushed morning routine to spend an hour with my 11-year-old daughter over breakfast before school and attempting to encourage myself mentally that I only had 12 hours to go before I could lie down and sleep. I had just finished my third, very busy night shift in a row in the city and, as was normal at the time, was heading in for my first of two dayshifts. Exhaustion was a common, constant trait for most in emergency services, and with it, at times, came an air of complacency.


When I pulled into the parking lot of this very building to start my dayshift tour, my partner MaryAnn was already outside with our ambulance running. She appeared unusually anxious, rushing me to the truck to take a call before our shift began, telling me that planes had crashed into the Twin Towers in NY and that our entire county was inundated with backed-up 911 calls. I remember telling her the entire weekend had been busy, and I thought it was probably a small twin-engine type plane.


When we returned to our station, she quickly turned on the news, and it was at that moment I saw the footage for the first time of flight 11 striking the WTC North Tower at 0846, immediately followed by the footage of flight 175 striking the WTC South Tower at 0903. As the live updates continued coming in, it was reported that Flight 77 had crashed into the Pentagon at 0937. We, the United States of America, were under attack, and it wasn’t over. These reports were interrupted by live streams from NYC at 0959. We watched helplessly as the South Tower’s massive 110 floors collapsed to the ground, almost as if in slow motion. And then again at 1028 when the North Tower collapsed. My heart sank, and the immediate gut-wrenching reality sank in. It had only been 3 hours since my only thought was to get through another routine dayshift so I could go home to my family and sleep. In the blink of an eye, there were now hundreds of emergency personnel and thousands of civilians perishing right before our eyes who would never again have that privilege and there was nothing we could do about it. News images and reports continued. Fire trucks, Ambulances, Law enforcement, and citizens could be seen rushing through the streets of NYC through the chaos, smoke, and dust plumes to help in any way they could, covered with the aftermath remnants of toxic dust and debris.

Stepping outside our station there was an eerie silence since all aircraft, nationwide, had been grounded. The common thought of all emergency personnel working that day was, “Are we next”? The sounds of dispatched tones and pager alerts rang differently that day. The sounds of sirens from responding units to routine calls in our area were accompanied by heart-wrenching thoughts for their safety.

The thoughts kept running through my mind of all the emergency personnel in NYC that morning when they received the initial dispatch for a plane into the North Tower. A half cup of coffee was left on the crew room table, never to be finished. The table conversations with co-workers that had started at the beginning of the shift…… friendly bantering between crew members about the past weekend’s baseball games and whose team was better. Or who had the best fantasy football picks for the upcoming season? Or possibly partners bragging to each other about their kids or maybe an upcoming family vacation. Older members pick on the rookies, or rookies pick on the old dinosaurs. Yet each one would put themselves in harm's way for the other.

Within two hours, they were all gone.

Today, we gather here at this solemn 9/11 memorial to remember and reflect upon one of the darkest days in our nation's history. Twenty-two years have passed since our world was forever changed, but let the memories and lessons of September 11, 2001, remain etched in our hearts and minds forever.
On that tragic day, our nation faced an unprecedented act of terrorism brought to fruition because of what was later described as a lack of imagination of what true evil is capable of. It was a day marked by unimaginable loss, heroism, and resilience. We remember the nearly 3,000 innocent lives taken from us, and we honor their memory. We pay tribute to all of the first responders, EMS, firefighters, police officers, and emergency personnel who rushed into danger to save lives, many making the ultimate sacrifice. Their bravery serves as a testament to the indomitable spirit of the United States of America.


In the aftermath of 9/11, our nation came together in an outpouring of unity and solidarity. We demonstrated that even in the face of unspeakable horror, we could rise above our differences and stand united as one people. This spirit of unity must never be forgotten. Today, as we look back on the events of that day, let us also remember the families and communities devastated by profound loss who found the strength to rebuild and carry on. We also remember the heroes who have fought and continue to fight to keep us safe in the aftermath of 9/11. Our military, law enforcement, and intelligence agencies have worked tirelessly to protect us from further acts of terrorism. Their dedication and sacrifice deserve our gratitude and support. To the multitudes of people who worked tirelessly on the rescue and recovery efforts, those who survived the attacks or were lower Manhattan residents who have suffered long-term illness, injuries and even death after being exposed to the hazards and toxins. To those who continue to struggle with mental health of PTSD from witnessing firsthand the horrific scenes from that day.

Never forget:

For those who sat in terror on planes

For those who never saw it coming in buildings

For those who jumped instead of burning, (some holding hands)

For the Firefighters who NEVER stopped fighting

For the Police officers who never stopped protecting

For the EMS personnel who never stopped caring for or giving medical treatment

For the search and rescue teams including their faithful and trained K9s who worked days on end in the hopes of finding and saving just one life

For the co-workers who died together

For the ordinary people who became extraordinary examples of heroism and courage

For the loved ones of the lost and for the lost themselves

And for the uncommon valor in the face of unspeakable evil

Please NEVER FORGET.

Looking forward, let us reaffirm our commitment to the principles that define our nation: liberty, justice, freedom, compassion, and equality for all. Let us ensure that the memory of 9/11 continues to inspire us to build a world where hatred and violence have no place and where respect, diversity, and understanding prevail.


In closing, let us remember that while the scars of 9/11 may never fully heal, they serve as a reminder of our shared humanity, our capacity to endure, and our determination to stand up against evil. As we leave this memorial today, let us carry with us the lessons of 9/11: the importance of unity, resilience, and unwavering commitment to the values that make our nation great.
May we never forget those we lost that day. May we continue to honor their memory through our actions and our commitment to a better, more peaceful world.

NOTE:  The ceremony was held at our 9/11 Memorial Park located on Pilla Avenue.  I encourage you all to visit as a way to never forget that fateful day.  For more information on the park that was donated to the Township by the Lawrence Township First Aid Squad, here is the link:  Lawrence Township New Jersey - Lawrence Township First Responder 9/11 Memorial (lawrencetwp.com)



Monday, August 21, 2023

An Area In Need of Redevelopment, a peak under the hood…..

               For those of you with more than a passing interest in the issues being addressed by your local government, you may have come across the term “redevelopment.”  It is most often in addressing areas within the town that are distressed or failing and require some form of rehabilitation or repurposing.  Again, this is one of those subject matters that entire books (and laws) are written to describe and explain, but I thought it a good idea to provide you with a basic understanding and a good starting point should you want to explore it more thoroughly.  Here it goes….

            The type of redevelopment in this article involves private property owners and developers (known as “redevelopers”) entering into an agreement and working with local government under a set of laws known as the “Local Redevelopment and Housing Law” (under N.J.S.A. 40A:12A-1 et seq) to redevelop or rehabilitate an area in need of redevelopment.[1]   

The best way I can explain this topic is to provide you with a real-life example of an area within our community that is in the latter stages of redevelopment under the law, 40 Enterprise Avenue (a commercial property situated in the southern portion of the town that borders Hamilton and Trenton). 

For decades this property languished with a series of significantly deteriorated buildings (some vacant and some occupied) that proved to be a severe fire hazard and a dangerous situation for first responders frequently called to the site for various reasons. Simply put, it was an eyesore of epic proportions and fell well short of what we would want for our community, and, as a result, it was something we needed to address in some significant way.

Under the law, a “redeveloper” is defined as any person, firm, corporation, or public body that enters into a contract with a municipality to develop or rehabilitate an area in need.[2]  To determine whether an area is “in need,” an investigation is conducted by a qualified professional (i.e., Municipal Planner), a properly noticed public hearing is held, and the governing body must determine that one of the established criteria is met (under N.J.S.A. 40A:12A-5). 

In the case of 40 Enterprise Avenue, the governing body found criteria (a) of the statute had been met; the “generality of the buildings are substandard, unsafe, unsanitary, dilapidated, or obsolete, or possess any such characteristics, or are so lacking in light, air, or space as to be conducive to unwholesome living or working conditions.[3]

Notably, one of the seven criteria must be met for an area to be “in need of redevelopment” under the law.  It is not an easy burden to meet, and such projects happen, if at all, only occasionally within a community. Additionally, if the project is not one that the governing wants, a majority vote (3 of 5 members) will end the process very early on.

You may be wondering why the governing body gets involved in a private issue involving private property owned by a private person or entity.  The simple answer is that without local government involvement, there is no financial pathway for a land owner or developer to redevelop the property.  As a result, the property languishes and deteriorates…to the detriment of the community and, most significantly, those residents and businesses nearer to the property.  The local government can work with and provide incentives to the redeveloper by entering into agreements to reduce property taxes for a specified period of time.[4]

Local government must address these problem areas, and the law gives the municipality the responsibility for implementing the redevelopment plans and projects.  The result is that the local government has a significant say (and unique opportunity) in the planning and details of the project to ensure that the community's goals are met.   

For 40 Enterprise Avenue, the project involved demolishing existing buildings and structures, remediating existing environmental conditions, developing a warehouse/distribution center, and related improvements that included parking, stormwater management, lighting, and landscaping improvements.[5]  The project dramatically changes the character and property for the better, and its location is warehouse appropriate.  I know….. some of you will say, “We don’t need more warehouses.”  But the reality is that local government can’t force redevelopment upon a person or entity.  It requires an agreement of the parties (redeveloper and local government) and always includes the incentive for realizing a profit for the redeveloper. That is just how it is, and we must navigate the process within those foundational elements for the greater good to our maximum benefit.

In a community like ours that is essentially built out (i.e., a suburban community with limited opportunities for the development of vacant land), the redevelopment law is an essential tool for the local government to use to fight blight, increase property values, and return languishing commercial properties to the tax rolls.  By doing so, the local government can also better maintain the type and level of municipal services it provides to the community without turning automatically to increasing taxes to accomplish that goal.   

 

 



[1] An “area in need of redevelopment” is a legal term under the law that provides for specific criteria to be present to allow the redevelopment process to take place.

[2] This definition is modified to apply to the process in the project I am describing.

[3] Other criteria were met under the statute, but I found unnecessary to detail for this article.

[4] These agreements are called PILOTs (Payments in Lieu of Taxes).

Monday, July 17, 2023

What’s this Lawrence Township Master Plan thingy people are starting to chirp about?

To listen to this article: https://www.youtube.com/watch?v=xvRtZy2MgkU

            As I have done in past articles, I qualify what I am about to write on this particular matter (the “Master Plan”) by emphasizing that it’s the main subject of entire books containing hundreds of pages, usually targeted to people who navigate in the field of municipal law. As a result, my realistic goal here is to provide the reader with a basic understanding and peak their curiosity enough to do their own research or, ideally, involve themselves in the process and have their opinions heard when they matter most. Yes, this is not only an informative article; it is an invitation to get involved!   

            Our community is about to undertake the comprehensive process of preparing and adopting a “Master Plan.”  In the broadest terms, the Master Plan, a written and formal document, articulates the community’s vision of what it wants to be socially, economically, and physically. In less broad terms, it is the document that creates the foundation for the local zoning and land ordinances that govern development within the community to protect its public health, safety, and general welfare and preserve our quality of life. It is a big deal.  The Master Plan describes the town's current and proposed patterns of land use in text, maps and diagrams.  

            The NJ Municipal Land Use Law (MLUL) requires towns to adopt a Master Plan or prepare a Re-Examination Report every ten years. Our last re-examination report occurred in 2013[1]  https://www.lawrencetwp.com/media/Departments/EngineeringPlanningZoning/Reports%20MP%20Ammendments/Reexamination%20Report%20of%20the%20master%20Plan,%20dated%20May%2020,%202013.pdf. Our last comprehensive Master Plan was adopted in 1995  https://www.lawrencetwp.com/media/Departments/EngineeringPlanningZoning/Reports%20MP%20Ammendments/Master%20Plan%20of%20the%20Township%20of%20Lawrence%20dated%20June%201995.pdf. Though we have remained compliant with the law, I think it is fair to say that things have changed significantly in all respects (i.e., socially, economically, physically, technologically and atmospherically, etc.) since 1995 and, as a result, now is the time to undertake this essential process to establish who we are, what we want to be, and how we can get there by revising our Master Plan. 

            The Lawrence Township Planning Board and the Lawrence Township Municipal Council members have agreed to and enthusiastically support this process.  Interestingly, the Master Plan process is controlled by the Planning Board, not our Governing Body (i.e., council members).  What the Governing Body does in this process is appoint Planning Board members (already completed) to serve specific terms, and they adopt the municipal budget that funds the Master Plan process in the year the process is to be undertaken.  In addition, there are two council members who also serve as Planning Board members, and they will be directly involved in the preparation of the Master Plan.  But this gig is, by law, performed by the Planning Board, the appointed professionals, and, of course, with public participation as a priority component. 

            As a community, the next twelve or so months will involve a two-step process: (1) preparing and adopting a less onerous re-examination report (before the expiration of 2023) and (2) preparing and adopting a new Master Plan. For this article, the following will focus on the Master Plan process.

            Creating a new Master Plan starts with a process initiated and undertaken by the Planning Board guided by our Municipal Planner, Elizabeth McManus, PP, AICP, LEED AP of KMA Associates, Hopewell, NJ. In Ms. McManus’s proposal to the board, she states,  

            “an updated [plan] will allow the Township to adjust or create new policies to account for new development and development approvals, and market conditions that have arisen over the last several years, many of which have been exacerbated by the Covid- 19 Pandemic. Additionally, with the threats of climate change becoming more of a reality, comprehensive planning is crucial to the health and well-being of communities…

Once the process is completed and deemed acceptable to the Planning Board members, it is adopted by resolution and provides the framework for the Planning Board and the governing body to develop the elements of good land use, including meeting local housing and economic development needs and protecting open space and important natural resources.  For me, the preparation of a comprehensive Master Plan is by far the most important responsibility the Planning Board undertakes - and it happens every ten years.  

            Under NJ law, a Master Plan must contain our community's (1) statement of objectives, principles, assumptions, policies, and standards upon which development proposals are based; and (2) a land use element that considers natural conditions, including topography, soil conditions, water supply, drainage, floodplain areas, marshes, and woodlands. It should show existing and proposed land use and describe population and development intensity.

            In addition to what it must contain, a Master Plan has optional elements, which include assessing community facilities, conservation, circulation, economic development, historic preservation, housing, recreation, recycling, and utilities. Something of interest to everyone!

            Importantly, our Elected Officials and the Planning Board members are committed to a robust and transparent process that will include a comprehensive plan for public participation (multiple public sessions on specific subject matters) to help ensure the input received reflects representative sections of our community, committees, and organizations, and will also ensure that documents created along the way are easily accessible via our website. Knowing our community as I do, I am sure many interested residents will be attending and participating in this critical process – which is a great thing.

            As we navigate this process, I will update you on my blog LawrenceTownshipNJManagerKPN@blogspot.com. Until then, if someone asks you what the Master Plan thingy is all about, now you are in the know!






[1] A re-examination report must contain the following: 

a.The major problems and objectives relating to land development in the municipality at the time of the adoption of the last reexamination report.

b.The extent to which such problems and objectives have been reduced or have increased subsequent to such date.

c.The extent to which there have been significant changes in the assumptions, policies, and objectives forming the basis for the master plan or development regulations as last revised, with particular regard to the density and distribution of population and land uses, housing conditions, circulation, conservation of natural resources, energy conservation, collection, disposition, and recycling of designated recyclable materials, and changes in State, county and municipal policies and objectives.

d.The specific changes recommended for the master plan or development regulations, if any, including underlying objectives, policies and standards, or whether a new plan or regulations should be prepared.

e.The recommendations of the planning board concerning the incorporation of redevelopment plans adopted pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.) into the land use plan element of the municipal master plan, and recommended changes, if any, in the local development regulations necessary to effectuate the redevelopment plans of the municipality.

Wednesday, June 21, 2023

"The Right To Clean Water is a Human and Constitutional Right" - A Story About Our Town and TWW

                 From time to time, I check on the various community Facebook pages to see what members are interested in.   A topic that seems to come up often is Trenton Water Works and, more specifically, what the Township is doing on behalf of its residents to address the poorly performing water utility that serves a majority of our community.  Surprisingly, many comments demonstrate a lack of awareness of the actions taken by the municipal government over the past several years to address the issue.  In response, I thought I would pull together information shared on the township website (www.lawrencetwp.com)  and my blog   (https://lawrencetownshipnjmanagerkpn.blogspot.com/).  Both sources provide information on all things “Lawrence Township” and should be a part of your “search” for information on any given topic related to the community.  The information is also frequently shared on our Facebook page (https://www.facebook.com/TownshipofLawrence/).  We can only make the information available to you, but you must take a step to receive it.

                Many, but not all, of our residents, are customers of Trenton Water Works.  Over the years, customers (including me) have received alarming notices from the utility about one issue or another relating to the quality of water we drink and use.  As you may know, Trenton Water Works is a public utility owned and operated by the City of Trenton (one of the oldest in the country).  With more than 225,000 customers, it serves the City of Trenton and portions of Hamilton, Ewing, Lawrence, and Hopewell.  It has been operating, believe it or not, since 1804!  In our recent history, over the past several decades, the aging infrastructure and poor management have been a consistent concern for all.

                In 2010, there was a serious initiative to sell TWW water lines and other infrastructure that serves the “outside water users ” (Hamilton, Lawrence, Hopewell, and Ewing) to New Jersey American Water for $80 million.  The sale met with opposition from customers from the townships concerned that the deal would result in higher water costs and resistance within the City that it would lose a significant asset that funded a portion of Trenton’s budget.  Ultimately, the residents of Trenton voted against the sale.  I was the Municipal Attorney for Lawrence Township back then, and my personal opinion then, as it is now, was that the deal with NJ American Water was good for the customers in the Township.  NJ American Water was a professionally managed water utility serving millions of customers in more than 20 states.  It had the means to replace the old water lines (with many being lead-based) and would be able to improve (pledging to commit millions of dollars to do so) and operate the facility with the highest standards.  Instead, we were left with TWW being owned and maintained by the City of Trenton and beholden to a dysfunctional city council that voted against funding much-needed improvements to the facility.

                In 2020, the New Jersey Department of Environmental Protection filed a lawsuit against Trenton and TWW to compel the water utility to take certain corrective actions to improve the infrastructure and operations of the facility.  I provided a copy of a Press Release explaining the action taken by the State against the City and then wrote a blog article that fully discusses the lawsuit.[i]  After NJDEP’s lawsuit was filed and made public, township officials from the outside water users (Hamilton, Lawrence, Ewing, and Hopewell) met to discuss the civil action and agreed that the towns should join the lawsuit to advocate on behalf of their residents who were customers of TWW.   As a result, the towns joined together and filed a motion to intervene in the lawsuit.  In an article I posted in my blog dated July 13, 2020[ii] I explained the action taken by the town to join the lawsuit to ensure they had a “seat at the table” to advocate for its residents.  In their filing, the townships demanded that “Trenton and TWW provide safe and clean drinking water for its residents.  The right to clean water is a human and constitutional right.  This is non-negotiable.  It is clear that Trenton and TWW have repeatedly and egregiously missed benchmarks in fulfilling their obligation to provide safe and clean water for the customers.” Another demand was asking the court to force Trenton to sell the portion of TWW that serves their townships “because TWW has proven incapable of consistently producing safe drinking water.”  

                Since the time the townships joined the lawsuit (during the time of the pandemic, which slowed the progress of the case), there have been many court conferences among the parties, site inspections and reviews, and many positive actions by TWW to improve the facility, infrastructure, and management.  In addition, the new makeup of the Trenton City Council is a significant and positive development for the success of TWW.  Mayor Reed Gusciora was never the problem.  He understood the need for TWW to improve in all respects, and now, I believe the new governing body has demonstrated through their actions and vote that they know and understand that the facility needs to be properly funded to meet the demands and conditions set by NJDEP officials. 

                Since NJDEP is the administrative entity that has the authority over water utility companies operating in New Jersey, it is best positioned to enforce the regulations, identify the issues causing TWW to operate below standards, and compel specific and necessary action for it to improve. Remember, in addition to your township, the State of New Jersey and Mercer County are public entities that represent you and your interests as residents.  I have read many comments on Facebook by residents that believe nothing is being done by their municipal officials.  It’s not true.   Improving a failing water utility with infrastructure that is aged and operated by underqualified professionals for decades will take time.  Have the actions taken by NJDEP and the townships to compel TWW to improve worked?  Yes, but we ain't done yet!  TWW has made progress, but it still has a long way to go to get where it needs to be to regain the confidence of its customers.  Confidence that the water we all drink and use and pay for is safe.  Not from time to time, but always.  Getting all of us to that mindset will take sustained and effective efforts by the City of Trenton and TWW to work to do what needs to be done.  Until that day happens, rest assured, the NJDEP and the townships will be relentless in their efforts to achieve the goal we all want – consistently safe water to drink and use – and one day not worrying whether it is or not.   

                For those wanting to take a deeper dive into this subject matter, I encourage you to visit my blog, where I go into more detail and provide links to pleadings by the parties.