Path, 2.5 miles long, would include footbridge over Big Bear Brook in West Windsor Community Park.
By: Jill Matthews
WEST WINDSOR The township is on the verge of inking an agreement with Public Service Electric & Gas Co. that would allow the township to build a 2½-mile pedestrian and bicycle path on the company’s property.
The township has been pursuing the transfer of right-of-way rights from the company for about two years.
At Tuesday night’s Township Council meeting, Township Attorney Michael Herbert said PSE&G insists that the municipality maintain the entire 42-acre right-of-way. He said the township would need to appropriate approximately $20,000 a year to maintain the property, but it would try to exclude the pruning of trees and brush in its maintenance because that work can be done only by certified personnel.
Mr. Herbert said the company would pay approximately $29,000 in taxes to the county and school board, but would no longer pay municipal taxes on the property, which were waived. The company also would not agree to indemnify its employees, and instead the township will accept all responsibility for any injuries that occur on the property.
The license agreement, which will extend for 50 years, requires the township pay $1 a year for the property. Either party has the right to terminate the agreement at any time with 90 days’ written notice and the bridge on the pathway that crosses over Big Bear Brook would need to be removed within one year of written notice.
"I think we are getting everything we are looking for," except that the township will have to maintain the property, Mr. Herbert said at the meeting.
The bicycle and pedestrian pathway would start north at South Mill Road and stretch south to the Conover Road park near the Mercer County Park. Also included on the pathway is a prefabricated steel bridge that would cross Big Bear Brook in West Windsor Community Park near Grovers Mill Pond.
Trails in Community Park and one proposed near Slayback Drive could also eventually hook up to the pathway.
In other business Tuesday, the council continued its discussion on updating its hotel-motel liquor license ordinance.
Over the summer, the state Division of Alcoholic Beverage Control issued a new ruling that allows municipalities to auction hotel and motel liquor licenses, said Sharon Young, township clerk. Prior to this new rule, any hotel with 100 rooms or more could qualify to purchase a liquor license not through the bidding system as regular consumption and restaurant licenses are purchased, but by paying the annual liquor license renewal fee as its initial purchase fee.
Currently, the municipality cannot issue more than five motel-hotel liquor licenses. Only two have been issued.
Council members disagreed on whether pre-existing hotels with liquor licenses need to enter into the bidding process, which could rake in extra money for the municipality, or if the new bidding process should apply only to new hotel-motel liquor license applicants.
Councilman Charles Morgan said he thought the township would send the wrong sign to the business community if it appeared to favor old hotels over new ones by applying the ordinance only to new hotels.
"It’s a simple question of fairness," he said.
But Mr. Herbert said that, from a legal perspective, he had some very serious concerns about including pre-existing establishments in the ordinance and that doing so would heighten the chance of legal action against the municipality.
Council President Franc Gambatese said he did not want to penalize pre-existing hotels that have been good residents in the community by forcing them to participate in the bidding process. He also said he wants to avoid entangling the township in any legal battles over the ordinance.
The council, which made no decision on the matter, will also have to decide what amount to set as the minimum bid for the license.