PRINCETON

MAYOR AND COUNCIL OF PRINCETON

AGENDA ● JUNE 1, 2020
Special Meeting Virtual Meeting 7:00 PM
Zoom Conference, Princeton, NJ 08540

I. INSTRUCTIONS TO THE PUBLIC REGARDING ZOOM MEETING ACCESS

AND PROCEDURE
1. https://bit.ly/CouncilMtgJune1_2020

II. STATEMENT CONCERNING NOTICE OF MEETING

III. ROLL CALL

IV. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA

To make a comment or ask a question, either click on the “Q&A” button at the bottom of your
screen or send an email to princetoncomments@gmail.com
<mailto:princetoncomments@gmail.com>. Please keep comments and questions brief, in keeping
with the Council’s policy of limiting comments to three minutes per speaker. Comments unrelated to
a governmental issue, or comments containing offensive, profane or indecent language or language
constituting hate speech, will not be accepted. All other comments will be made part of the record
and will be addressed at the discretion of the Mayor and Council.

V. CORRESPONDENCE
1. Letter of Support- Friends of Herrontown Woods

VI. ORDINANCE INTRODUCTION

1. Ordinance #2020-14 - An Ordinance By The Municipality Of Princeton Temporarily Relaxing
Certain Requirements Pertaining To Sidewalk Cafes And Outdoor Dining Areas, Parking And
Standing, And Pedestrian And Vehicular Circulation To Facilitate Compliance With COVID-19
Restrictions, And Prohibiting Unattended Vehicles In Municipally-Designated Curbside Pick-Up
Zones (Public Hearing: June 15, 2020)

VII. RESOLUTIONS
1. 20-189 Resolution Terminating Memorandum of Agreement for the Development of Affordable
Housing on the Franklin Avenue Property

VIII. ADJOURNMENT

Princeton Page 1
Mayor and Council Meeting: 06/01/20 07:00 PM
400 Witherspoon Street Department: Clerk
Princeton, NJ 08540

AGENDA ITEM

https://bit.ly/CouncilMtgJune1_2020

Page 1
 Mayor and Council Meeting: 06/01/20 07:00 PM
400 Witherspoon Street Department: Clerk
Princeton, NJ 08540

AGENDA ITEM

Letter of Support- Friends of Herrontown Woods

ATTACHMENTS:
 Princeton-DRAFTLetterOfSupport-FOHW-NJHT (DOCX)

Page 1
May 26, 2020

New Jersey Historic Trust

Department of Community Affairs
P.O. Box 457
Trenton, NJ 08625-0212

Subject: FOHW application for a NJ Historic Preservation Fund Site Management Grant

Members of the Review Committee:

The Municipality of Princeton is pleased to provide this letter in support of the application by the Friends
of Herrontown Woods (FOHW) for a 2021 NJ Historic Trust Historic Site Management Grant to assist
the preservation of the historically significant Veblen House and Cottage. Part of FOHW’s mission is to
help the public understand Oswald Veblen’s legacy and Princeton history by rehabilitating his house and
the 1875-era cottage that served as his study.

Since 2013, FOHW has taken the lead in restoring trails and habitat at Herrontown Woods, which was
donated by the Veblens in 1957 as the first nature preserve in Princeton and Mercer County. Due to
FOHW’s work thus far, the buildings are secure and the historic features of the grounds around the
buildings are now visible and accessible to the public. In 2017, when the buildings were threatened with
demolition, Princeton agreed to take ownership of Herrontown Woods, and has arranged for FOHW to
lease the House and Cottage and surrounding landscape to rehabilitate the buildings for future community
use. Both buildings have been boarded up for more than 20 years, and are in poor but salvageable
condition. This grant would help FOHW develop plans for the rehabilitation project.

Oswald Veblen was a leading light in Princeton University’s Mathematics Department and at the Institute
for Advanced Study. He bought the Cottage parcel in 1936. He and his wife, Elizabeth, bought the House
in 1941, and moved there soon after.

Joining Princeton University in 1905, Veblen became known as the “statesman of mathematics”, one of
the leading mathematicians of his time, noted for his own contributions and for his tireless efforts to
advance the careers of his fellows. His initiative was instrumental in building the university’s
mathematics department and bringing the Institute for Advanced Study (IAS) to Princeton. He was the
first faculty member at the IAS, followed by Einstein, and largely designed Fine Hall, which would house
both the university math department and the IAS during the golden age of Princeton mathematics in the
1930s. A founding member of the Emergency Committee in Aid of Displaced Foreign Scholars, he
played a crucial role in helping persecuted scholars from Nazi-dominated Europe come to the U.S. He
helped to bring top European researchers like John von Neumann, Albert Einstein, and Hermann Weyl
(among many others) to the Institute. In the process, he transformed U.S. intellectual history and our
institutions of higher education.

Oswald Veblen's legacy is regaining visibility. Featuring Veblen in his 2020 report, Princeton University
President Eisgruber described Veblen as a scholar with “humanitarian courage” and “constructive energy"
who "probably did as much as anyone to reform and improve this University."
The House and Cottage span a transformative time in Princeton’s local history from hardscrabble farming
in the late 19th century to a hub for advanced mathematical research in the 20th century. Donating their
house, cottage, and 95 acres to the public trust, the Veblens displayed a singular generosity and foresight.
During the suburban boom of the late-1950s when surrounding farms were being turned over to
developers, the Veblens had a vision for something different and established Princeton’s first nature
preserve.

The buildings are notable not only for their architecture and the remarkable contributions of Oswald
Veblen, but also for their potential to serve the public as gathering space for meetings, talks, and
environmental education. The Cottage was erected in 1875 as a small farm dwelling, and when Veblen
acquired it, he used it as a study, often inviting Albert Einstein and other colleagues to spend time there.
The House is a uniquely-designed prefabricated house that was moved to the site in the early 1930s by
wealthy Manhattanites and customized inside and out prior to its purchase in 1941 by the Veblens.

Given the remarkable contributions of Oswald Veblen and the farming heritage dating back to the 19th
century, the site has the potential to serve our community as a physical connection to locally and
nationally significant history. The Municipality of Princeton enthusiastically recommends FOHW’s
application for this grant to fund the critical first step towards the realization of this project.

Sincerely,
 Mayor and Council Meeting: 06/01/20 07:00 PM
400 Witherspoon Street Department: Clerk
Princeton, NJ 08540

ORDINANCE

Ordinance #2020-14 - An Ordinance By The Municipality Of Princeton

Temporarily Relaxing Certain Requirements Pertaining To Sidewalk
Cafes And Outdoor Dining Areas, Parking And Standing, And
Pedestrian And Vehicular Circulation To Facilitate Compliance With
COVID-19 Restrictions, And Prohibiting Unattended Vehicles In
Municipally-Designated Curbside Pick-Up Zones (Public Hearing:
June 15, 2020)

ATTACHMENTS:
 Ord 2020-14 (COVID-19 response) (DOCX)

Page 1
 ORDINANCE #2020-14

AN ORDINANCE BY THE
MUNICIPALITY OF PRINCETON
TEMPORARILY RELAXING CERTAIN
REQUIREMENTS PERTAINING TO
SIDEWALK CAFES AND OUTDOOR
DINING AREAS, PARKING AND
STANDING, AND PEDESTRIAN AND
VEHICULAR CIRCULATION TO
FACILITATE COMPLIANCE WITH
COVID-19 RESTRICTIONS, AND
PROHIBITING UNATTENDED
VEHICLES IN MUNICIPALLY-
DESIGNATED CURBSIDE PICK-UP
ZONES

WHEREAS, in light of the dangers posed by Coronavirus disease 2019 (“COVID-19”),

Governor Murphy issued Executive Order No. 103 (2020) on March 9, 2020, the facts and
circumstances of which are adopted by reference herein, which declared both a Public Health
Emergency and State of Emergency; and

WHEREAS, the Public Health Emergency declared in Executive Order No. 103 (2020)
has since been twice extended, and continues to exist today; and

WHEREAS, as COVID-19 continued to spread across New Jersey and an increasing

number of individuals required medical care or hospitalization, Governor Murphy issued a series
of Executive Orders pursuant to his authority under the New Jersey Civilian Defense and Disaster
Control Act and the Emergency Health Powers Act, to protect the public health, safety, and welfare
against the emergency created by COVID-19; and

WHEREAS, as the rate of reported new cases of COVID-19 in New Jersey has begun to
decrease and the total number of individuals being admitted to hospitals for COVID-19 is
dropping, the State has now eased a number of the restrictions that were put in place to limit
person-to-person contact, and is allowing various categories of uses to resume subject to strict
social distancing measures; and

WHEREAS, as various businesses in Princeton begin to reopen as authorized by the

various executive orders issued by the State, it is clear that accommodations will need to be made
to enable said businesses to comply with the social distancing and infection control measures
required of them in the various executive orders; and

WHEREAS, it is difficult if not impossible to foresee when and how the State will
continue to ease restrictions, or to predict all of the myriad issues that will need to be solved locally
as merchants and residents strive to adapt; and

Page 1 of 4
 WHEREAS, Princeton’s staff and officials need to be in a position to react quickly to
evolving circumstances; and

WHEREAS, in recognition of the unprecedented challenges caused by the COVID-19

pandemic, the Mayor and Council find that it is the best interests of Princeton’s residents and
business owners to temporarily relax or suspend certain requirements presently set forth in
Princeton’s ordinances, and to establish a more streamlined process by which staff and officials
can react and addresses issues as they arise; and

WHEREAS, to ensure that the various powers and authorizations granted in this ordinance
do not become permanent by inaction, the ordinance must include a “sunset” provision; and

WHEREAS, at the same time, it is unknown how long these measures will need to remain
in place, so the ordinance must also include a mechanism whereby its provisions can be extended
as needed;

NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of Princeton as

follows:

1. Preamble. The findings set forth in the preamble to this ordinance are hereby
incorporated as if fully restated.

2. COVID-19 Compliance Committee. There is hereby established an ad hoc committee

to be known as the “COVID-19 Compliance Committee,” whose purpose shall be to identify issues
related to or arising out of the various requirements and limitations imposed by Governor Murphy
and/or the State legislature or administrative agencies, to recommend solutions to the Mayor and
Council for their approval by resolution or ordinance as appropriate, and to grant certain
administrative approvals in accordance with sections 3 and 4 of this ordinance. The members of
the committee shall comprise the Administrator, the Chief of Police (or his designee), the
Municipal Engineer (or her designee), the Zoning Officer, the Health Officer (or his designee), the
Fire Official (or his designee), and the Municipal Planner. No approval shall be issued by the
committee without prior confirmation from the Municipal Attorney that the approval is consistent
with the terms and conditions of this ordinance.

3. Sidewalk cafes.

a. During the effective period of this ordinance, the provisions of chapter 29 of the
“Code of the Borough of Princeton, 1974” (Borough Code) are hereby relaxed to allow the area
occupied by a sidewalk café as defined in section 29-1 of the Borough Code to be temporarily
expanded into the portion(s) of the sidewalk abutting neighboring buildings, but only with the prior
written consent of the owner or operator of said neighboring building(s) and subject to the review
and approval of the Zoning Officer and the COVID-19 Compliance Committee.

b. The application and licensing fees set forth in sections 29-2 and 29-3 are hereby
waived.

Page 2 of 4
 c. All other terms and conditions of chapter 29 shall remain in effect.

4. Outdoor dining areas other than sidewalk cafes and other expansions of retail food
establishments. During the effective period of this ordinance only, and notwithstanding any
provisions to the contrary in Princeton’s land use regulations, the following shall be permitted,
subject to the review and approval of the Zoning Officer and the COVID-19 Compliance
Committee:

a. Any retail food establishment with an existing outdoor dining area may temporarily
expand the footprint of said area, and any existing retail food establishment may temporarily
relocate a portion of its tables and seats into adjacent outdoor spaces or adjacent vacant indoor
spaces without the need for site plan approval or additional off-street parking, provided there is no
increase in the establishment’s overall number of tables/seats and provided no existing off-street
parking spaces are removed are a result.

c. No outdoor dining area shall be expanded onto publicly-owned property without

first obtaining the approval of the Mayor and Council, which approval may be granted by
resolution provided (1) the authorization is temporary, (2) there is no increase in the
establishment’s overall number of tables/seats, (3) the expansion is needed to comply with
applicable social distancing or other COVID-19 related requirements imposed by the State, and
(4) the public property in question is not subject to Green Acres regulations. In granting any such
approval, the Mayor and Council shall impose any additional limitations or requirements as may
be deemed prudent and necessary, including insurance coverage and liability releases.

d. Any otherwise applicable administrative review fees are hereby waived.

5. Sidewalks, streets, parking, and loading zones. During the effective period of this
ordinance, and notwithstanding any provisions to the contrary in Princeton’s motor vehicle and
parking regulations, the Mayor and Council by resolution shall be authorized to close all or parts
of sidewalks, close all or parts of streets, suspend or alter parking regulations, block off parking
spaces and loading areas, and/or reserve or re-designate parking spaces and loading areas as may
be needed to enable retail businesses and retail food establishments to comply with any COVID-
19 related requirements and limitations imposed by the State, including requirements for curbside
pick-up.

6. Unattended vehicles in designated curbside pick-up areas prohibited. During the

effective period of this ordinance, it shall be a violation of Princeton’s motor vehicle laws set forth
in sections 19-18 and 19-19 of the “Code of the Borough of Princeton, New Jersey 1974” for
anyone to leave a vehicle unattended in a municipally-designated curbside pick-up zone that is
identified as such through proper signage or other means.

7. Effective date; sunset provision; extension by resolution. This ordinance shall take
effect immediately upon its passage and publication and as otherwise provided for by law. The
ordinance shall terminate and become void on the 60th day after its effective date, except that the
Mayor and Council by resolution may extend the authorizations granted herein in sixty-day
increments for up to six months from the effective date of the ordinance.

Page 3 of 4
 8. Repealer. Any article, section, paragraph, subsection, clause, or other provision of the
Code of the Borough of Princeton or Code of the Township of Princeton inconsistent with the
provisions of this ordinance is hereby repealed to the extent of such inconsistency.
9. Severability. If any section, paragraph, subsection, clause, or provision of this
ordinance shall be adjudged by a court of competent jurisdiction to be invalid, such adjudication
shall apply only to the section, paragraph, subsection, clause, or provision so adjudged, and the
remainder of this ordinance shall be deemed valid and effective.

____________________________ ______________________________
Delores Williams, RMC, Clerk Hon. Liz Lempert, Mayor

Ordinance Introduced:
Ordinance Adopted:

STATEMENT OF PURPOSE: The purpose of this ordinance is to

enable the Mayor and Council as well as specific municipal officials
to react quickly to evolving circumstances related to the COVID-19
pandemic and to enable local businesses to reopen in compliance
with State executive orders and other requirements, by temporarily
relaxing or suspending certain requirements presently set forth in
Princeton’s ordinances related to sidewalk cafes, outdoor dining,
and motor vehicles, and by establishing a process for staff and
officials to efficiently implement additional measures as changing
circumstances may warrant.

Page 4 of 4
 Mayor and Council Meeting: 06/01/20 07:00 PM
400 Witherspoon Street Department: Clerk
Princeton, NJ 08540

RESOLUTION 20-189

Resolution Terminating Memorandum of Agreement for the

Development of Affordable Housing on the Franklin Avenue Property
WHEREAS, by Memorandum of Agreement entered into on December 3, 2018, the
Municipality of Princeton (“Princeton”), the Princeton Housing Authority (“PHA”) and Princeton
Community Housing Development Corporation (“PCH”) entered into an agreement to study and
investigate cooperatively developing certain real property located on Franklin Avenue, designated as
Lots 2, 26 and 27 in Block 21.04 on the Tax Map of Princeton, for affordable housing rental units
and to help Princeton achieve compliance with its Mount Laurel affordable housing obligation (the
“Agreement”); and

WHEREAS, the Agreement formalized a February 19, 2015 Letter of Understanding

(“LOU”) between PHA and PCH whereupon they agreed to act cooperatively to establish together a
framework for the development of affordable rental housing units on the properties; and

WHEREAS, Lot 2 is a 0.6981+ acre parcel improved with 10 affordable housing apartment
units known as “Maple Terrace,” owned and managed by PHA; and

WHEREAS, Lot 26 is a 0.7094+ acre parcel owned by Princeton and improved with 10
affordable housing apartment units known as “Franklin Terrace,” managed by PHA under a 1967
lease agreement with (the former Borough of) Princeton; and

WHEREAS, Lot 27 is a 1.7628+ acre parcel owned by Princeton and improved with a public
parking lot; and

WHEREAS, in 2019, PHA elected to withdraw Lot 2 from the contemplated development
plan, with said withdraw authorized by Princeton by Resolution 19-347, adopted November 12, 2019
(the “Amendment”); and

WHEREAS, since entry of the 2015 LOU, the 2018 Agreement and the 2019 Amendment,
several circumstances have arisen and facts changed such that the Agreement, and the terms and
conditions set forth therein for the “Franklin / Maple” project as it is commonly known, are no longer
practical, viable or valid, such as:

a. The existing agreement, and the contributions of the parties, were originally predicated upon the
belief that PHA owned both Lots 2 and 26, and Princeton owned Lot 27. Each party's commitment
was originally established with that understanding. However, a subsequent investigation and due
diligence revealed and confirmed that title to Lot 26 was previously vested in Princeton and not
PHA.

Page 1
Resolution 20-189 Meeting of June 1, 2020

b. Although the Amendment authorized the Authority to withdraw Lot 2 from the development plan,
it did not address or restructure any of the obligations of the parties, nor did such a discussion take
place until recently, whereupon it became clear that the ownership issue regarding Lot 26, the
withdraw of Lot 2, the changed expectations of the parties, and the financial realities of funding the
project, fundamentally altered and modified the underlying relationships of the parties such that the
existing Agreement is simply unworkable.

c. The primary purpose and scope of the Agreement was to provide an opportunity for PHA and PCH
to perform a study to evaluate, plan, finance, develop and operate the Project. Said study was to take
place during a 9-month period following Princeton's receipt of its Final Judgment of Compliance and
Repose in its affordable housing Declaratory Judgment Action pending before the court. That study
was to also include an analysis of the necessary zoning ordinance and funding mechanisms for the
project. Following the study, an additional 9-month period was contemplated for the Authority and
PCH to complete a development plan. While those time frames appeared reasonable and realistic in
2015 and even in 2018, under the requirements of Princeton's affordable housing settlement
agreement (the “settlement agreement”) and the court process, those time frames are now simply
untenable as Princeton is required to adopt the necessary zoning ordinance in advance of its
Compliance Hearing, and the project will need to be in line for the 2021 tax credit round. As such,
adherence to the time periods in the Agreement would violate the expressed requirements of
Princeton's compliance plan and settlement agreement.

d. The Agreement contemplates that the Authority and PCH would form a legal entity "consisting of
PHA and PCH or their affiliates, which would develop and own the Franklin Avenue Property."
Since execution of the Agreement, the requirements of the low income tax credit process have
become more complex and more competitive, and as such, the project will likely require a more
complex development and operational structure than that contemplated by the Agreement.

e. Because Princeton’s affordable housing obligation had not yet been established, and Princeton was
contemplating different compliance mechanisms, the Agreement was entered into presuming a
process whereby PHA and PCH would essentially be responsible for the scope of the project and
Princeton’s participation would be comprised of contributing Lot 27 to the project, providing some
measure of financial assistance to the project, and ultimately the final review and approval of the
proposed development plan created by PHA and PCH. However, with the conclusion of Princeton’s
affordable housing plan and the various compliance mechanisms set forth therein, Princeton is
obligated to financially support and guarantee several municipally sponsored projects, including the
Franklin/Maple project. As such, Princeton’s input and control at each step of the process is
absolutely essential for Princeton to meet its obligations under the court approved settlement
agreement, which conflicts with the deferral of responsibility provisions contemplated in the
Agreement.

f. The Agreement also intended that PHA and PCH would work collaboratively on a plan to fund the
Project. However, recent discussions with the parties reveals significant differences in the
expectations and contributions that call into question the structural concepts originally contemplated
by the parties under the Agreement, and efforts to reconcile those differences has thus far been

Updated: 5/27/2020 10:45 AM by Delores A. Williams Page 2

Resolution 20-189 Meeting of June 1, 2020

unsuccessful. Because of the requirements of the settlement agreement, including the obligations of
Princeton to facilitate the construction of the Franklin/Maple project in short order, the current
partnership structure contemplated by the Agreement is no longer viable and Princeton is unable to
delay this project any further.

WHEREAS, for these reasons, and others, the terms and provisions of the existing
Agreement are unworkable, factually inaccurate and violate the terms of Princeton’s court approved
settlement agreement which defeats the very purpose of the Agreement that was to help Princeton
achieve compliance with its affordable housing obligation; and

WHEREAS, Paragraph 19 of the Agreement provides that the Agreement may be terminated
by any party with 30 days prior written notice to all other parties; and

WHEREAS, Princeton does hereby seek to terminate the Agreement pursuant to its terms so
that it may proceed with fulfilling its obligations under the court approved settlement agreement.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Municipality of

Princeton, on this 26th day of May, 2020, as follows:

1. The preamble to this resolution is hereby incorporated as if fully restated herein.

2. Pursuant to Paragraph 19 of the Agreement, Princeton hereby terminates the Agreement.

3. The Municipal Attorney or Administrator are hereby authorized and directed to provide the
requisite 30-day notice to PHA and PCH of this termination pursuant to Paragraph 19 of the
Agreement.

4. The Princeton Mayor, Administrator, Clerk, Finance Officer, Attorney, and other appropriate
officers, employees and professionals are hereby authorized and directed to prepare and execute any
and all documents necessary to facilitate the termination of the Agreement authorized above, and
undertake any and all further acts necessary to accomplish the purposes hereof.

Updated: 5/27/2020 10:45 AM by Delores A. Williams Page 3

Resolution 20-189 Meeting of June 1, 2020

5. This resolution shall take effect immediately.

Councilperson Absent Present 1st 2nd Yea Nay Abstain Disqualified

Mr. Cohen
Ms. Fraga
Ms. Niedergang
Ms. Pirone Lambros
Ms. Sacks
Mr. Williamson
Mayor Lempert

I, Delores A. Williams, Municipal Clerk of Princeton, do hereby certify that the above is a
true copy of a resolution adopted by the Mayor and Council of Princeton at a meeting held
June 1, 2020.

______________________________________
Delores A. Williams, Municipal Clerk

Updated: 5/27/2020 10:45 AM by Delores A. Williams Page 4