June 20, 2012

Princeton Borough Council voted unanimously last week for a resolution expressing their opposition to legislation that would exempt private universities from following local land use laws. Two bills, which have been moving through the New Jersey Senate and Assembly, “would put neighborhoods and entire communities at risk” if passed, said Councilman Roger Martindell.

If the legislation is enacted, Princeton University, Rider University, and other private educational institutions of higher learning would no longer require approvals from Princeton to launch development projects. Councilwoman Heather Howard, who works for Princeton University, abstained from the vote.

“Developments could occur without any reviews from the Planning Board,” Mr. Martindell said. “Princeton University owns somewhere in the range of 40 percent of the land in the Borough. Add the three institutions of higher learning in Princeton together, and this would become a total company town. There would very little we could do to form the kind of community we want. These bills could be a disaster for Princeton.”

The Senate bill is sponsored by Senators Paul Sario (D-Passaic) and Robert Singer (R-Monmouth). In the Assembly, the bill is sponsored by Assemblywoman Celeste Riley (D-Salem) and Assemblyman Thomas Giblin (D-Passaic). The bills could be voted on as early as the end of June.

According to the bill in the Senate, private universities and colleges “are subject to local zoning controls by the municipalities in which they are located and must obtain approval from those local authorities for all campus development. The approval process often can be quite time consuming and expensive. This results in the delay of important educational programs and facilities for students attending the institutions as well as the diversion of critical funding away from educational purposes.”

The legislation has also been opposed by the state League of Municipalities.

In other action at the June 12 meeting, attorney Richard Goldman of Drinker Biddle & Reath, which represents Princeton University, spoke in response to comments made at the previous meeting criticizing a request for records in lawsuits related to the move of the Dinky station. Councilman Martindell had spoken out on June 6 about the law firm’s request for more than six years of records from the mayor, staff, members of governing bodies, and others, calling it “outrageous” and “overly broad and burdensome.”

Mr. Goldman spoke during the public comment section of last week’s meeting. “I feel compelled to at least respond in kind,” he said, saying he was surprised that the request had created such a furor because it followed standard procedure. “As lawyers, it is our obligation to find out as much information as we can,” he said. “We haven’t sued anyone. All we’ve done is in the ordinary cause of discovery.”

Mr. Martindell replied that the request was “a fishing expedition casting a very wide net.”

Residents from the neighborhood of Scott Lane and Bainbridge Street expressed varying opinions about the issue of whether to extend sidewalks on Scott Lane. After listening to several opinions, the Council voted 4-2 in favor of an ordinance to build the sidewalks.


June 13, 2012

A request for copies of more than six years of records by lawyers representing Princeton University in lawsuits related to the Dinky has angered at least one member of Borough Council. At the governing body’s meeting last week, Councilman Roger Martindell called Drinker Biddle & Reath’s request “outrageous,” and said that he, for one, did not intend to comply.

“This request is overly broad and burdensome, and it violates a first amendment right to communicate with constituents,” he said, to applause from some members of the audience. “Every single person, mayor and employee would have to spend hundreds of hours going through material going back to January 2006. It is totally outrageous.”

The law firm has asked for copies of all records of correspondence between the mayor, members of Council and Borough staff, consultants, and members of the citizen group Save the Dinky between January 2006 and the present. “Copies of any communications, including but not limited to meetings, discussions, conversations, telephone calls, faxes, electronic mail, instant messaging, memoranda, letters, notes, telecopies, telexes, conferences, etc.” are mentioned in the filing.

“They want all communications that were ever made in writing in any form whatsoever, between the mayor, and then-Council people and Borough employees and any representative of Save the Dinky, Inc. from January 2006 to now,” Mr. Martindell said this week. “This would take literally hundreds of hours of people going through their emails and files, to comply with that request. It is going to paralyze municipal government. And it is overly broad, because it doesn’t even identify who the representatives of Save the Dinky are. It names a few people, but for all I know Save the Dinky has hundreds of members. And who is representing them? Am I supposed to guess?”

Named in the request are “any member or representative of Save the Dinky, including but not limited to Kip Cherry, Anita Garoniak, Anne Waldron Neumann, Peter Marks, Rodney Fisk, Walter Neumann, Christopher Hedges, Zafina Hosein, Rachel Koehn, and or Dorothy Koehn.”

At the Council meeting, Councilman Kevin Wilkes agreed with Mr. Martindell that the request was too broad. “Do we have a list of their memberships?” he asked, regarding Save the Dinky. Councilwoman Jo Butler said that it would be impossible to meet the request for records within the seven days granted under the state law. Bob Bruschi, the Borough Administrator, said the Borough would need at least 30 days to provide the documents required.

There are two lawsuits currently pending related to the move of the Dinky station from its current location opposite McCarter Theatre to a site 460 feet south. One of the suits has to do with the zoning ordinance approved by Borough Council, which allows the project to move forward. The other has to do with the contract between Princeton University and NJ Transit related to the relocation.

Mr. Martindell said he will not comply with the request for records “absent a written memo saying we must.” He also suggested that Borough police not comply either. “Because until we get some specific guidance on the issues, we could spend hundreds of hours on this,” he said. “We shouldn’t be just jumping to disclose information that takes so much time to get. From my point of view, until we get guidance from our attorney, we shouldn’t be doing anything.”