December 19, 2012

The continuing saga of whether to establish a historic district in Princeton’s Morven neighborhood got no closer to a decision last week at a meeting of Borough Council. At the outset, Mayor Yina Moore said that, on the advice of the Borough’s legal counsel, no action would be taken. The matter will be taken up by the newly consolidated Council next year.

Previous to the December 11 meeting, neighborhood residents opposed to designating 51 properties bordered by Library Place, Hodge Road, and Bayard Lane as historic filed an injunction, which stopped the Council from voting on the matter. According to John Heilner, a resident in favor of the designation, the injunction was filed without informing proponents of the district or their attorney.

“The only people present at the injunction hearing were opponents’ attorney and the assistant Borough Attorney,” he wrote in an email following the meeting. “Proponents of the District were not informed when it was to be held, nor was our attorney invited to participate.”

Despite the lack of a vote, Mayor Moore invited the attorneys for both sides, as well as residents who live outside the perimeter of the proposed district, to offer comment. Lawyer Mark Solomon, representing the opponents, said that the proposed ordinance was defective because under National Register of Historic Places guidelines, a historic district designation should not proceed over the objection of a majority of the property owners within the district. But Frederick Raffeto, the attorney for the residents in favor of the designation, countered that National and State criteria are not relevant at the local level.

“National and State regulations are not the same as at the local level, so they don’t apply here,” he said. “The Federal and State register process is not part of the MLUL [Municipal Land Use Law].”

The battle over whether to designate the architecturally diverse neighborhood of grand homes in Princeton’s western section has been ongoing for more than six years. Those in favor say designation would protect the neighborhood’s architectural heritage and prevent existing houses from being torn down and replaced by those that do not blend into the existing fabric. Those opposed fear that designation would impose restrictions on making changes to the exteriors of their homes. Princeton currently has four historic districts.

Mr. Solomon called the situation “a wound in this neighborhood for six years” and “a sad story of missteps.” He also said that the move is opposed “by a strong majority of the residents.” Those in favor of the designation have argued that the number is actually evenly split among those for the designation and those against it.

Among the residents from outside the district who spoke at the meeting, most were in favor of the proposal. “Historic designation provides protection from the indiscriminate destruction of existing homes,” said Alexi Assmus. “This isn’t about politics,” said Claire Jacobus. “We are talking about the history of the community. We need stewardship, not ownership.”

Scott Sipprelle, who lives just outside the proposed district in the house once owned by Grover Cleveland, spoke against the designation. “Laws don’t make and preserve history. Laws don’t make and preserve homes,” he said. “People do. There is no debate that we want preservation. It’s a question of what is the best mechanism.”

January 18, 2012

An unannounced meeting to discuss applicants for Princeton Borough’s representatives on the consolidation transition task force got Mayor Yina Moore and members of the Council into hot water last week. But this violation of the Open Public Meetings Act was not intentional, according to the Borough’s attorney Maeve Cannon.

At Council’s regular meeting last week, Ms. Cannon said that a December 28 meeting of Council members Jo Butler, Jenny Crumiller, and Kevin Wilkes, which was attended by then Mayor-elect Moore and Councilwoman-elect Heather Howard, was an inadvertent violation, since those on the committee may have thought that it was legal because only three council members were present, which would not constitute a quorum. Ms. Moore and Ms. Howard had yet to be sworn in when the meeting took place, but as future members of Council would be voting on the issue.

Councilman Roger Martindell said at the January 10 meeting that the procedure needed to be remedied. He also criticized the criteria for choosing candidates, saying those with an affiliation to Princeton University or residency outside the Borough should not be eliminated. Princeton Township chose its representatives early this month.

The Council has been contacted by about 30 members of the public interested in serving on the committee, said Ms. Butler, though some said they only wanted to volunteer for a subcommittee. Eight candidates were selected as finalists by the Council members. Four people will be selected, including three full members and one alternate.

The eight finalists С Alexi Assmus, Mark Freda, W. Bradford Middlekauff, Bruce M. Topolosky, Patrick Simon, James Levine, Hendricks Davis and Adrienne Kreipke С were subsequently interviewed at an open session of the Council on January 3. Council members Barbara Trelstad, Mr. Wilkes, and Ms. Butler were chosen to select a slate of four candidates from those eight. They were to be voted on at a special meeting last night, January 17.

In other business at the January 10 meeting, the Council was given a preview of its 2012 budget. Maintaining a zero tax rate increase is a goal for the year, chief financial officer Sandra Webb said in an overview of the projected budget. Councilman Martindell, who chairs the Finance Committee, commented that no major initiatives or significant labor contracts are proposed for 2012 as the Borough prepares to merge with Princeton Township.

“The less we do financially, the better, and this budget reflects that,” he said. Mr. Martindell added that the committee will meet with its counterparts in the Township, not only about the 2012 budget but to get a head start on the challenges likely to be posed by consolidation.

Ms. Webb told Council members that the budget proposals are preliminary, since 2011 had yet to be closed out. Figures included a $420,000 increase in spending, or 1.63 percent over 2011. No reduction in state aid is anticipated and department budgets are not being increased.

Since Princeton University has increased its voluntary payment to the Borough by $500,000 for 2012, the Borough will be using less of its operating surplus. Mayor Moore said she thought some of the surplus might be used to provide some relief for property owners who are struggling to pay taxes that rose after the 2010 tax revaluation. Mr. Wilkes suggested some of the money be used to focus on how to improve recyling and trash collection in the downtown area.

Ms. Howard commented that this is the time to make sure the state follows through on its commitment to pay 20 percent of the transition costs. She also suggested that the Borough and Township should send a list of help with budgetary flexibility that might be needed during the consolidation process.

At the meeting, the Council voted to accept Princeton University’s voluntary contributions (PILOT) of $1.7 million. Ms. Trelstad and Mr. Wilkes thanked the University for this increased payment, which includes $250,000 earmarked for transition costs. The University has also agreed to pay $300,000 for the expansion of the firehouse.

Speaking just before the vote, Ms. Butler expressed concerns that not enough was done during the negotiations. “It looks like something that could have been drawn up on the back of an envelope,” she said. Ms. Butler used the City of Boston as an example of how to do it better, saying the city sent a bill to its nonprofit organizations for 25 percent of what they would owe if they were not tax exempt. The Borough’s previous agreement with the University involved more detailed work, she said. “I hope going forward we can have a more comprehensive approach.”

Mayor Moore said she shares Ms. Butler’s concerns. “This opens doors to further the conversation where needs and benefits are assessed and integrated,” she said. “I look forward to furthering that discussion this year.”