Borough sets closed session on downtown redevelopment

An attempt to wrap up negotiations with Nassau HKT

By: Nick Norlen
   Princeton Borough Council will hold a special closed session Tuesday to finalize a proposal intended to wrap up negotiations with downtown redeveloper Nassau HKT on the first phase of its project.
   Council will use the meeting to consider potential offers to Nassau HKT in order to move on to the second construction phase, as deadlines approach that could affect the developer’s ability to complete portions the long-stalled project.
   If council reaches a consensus on a proposal, the borough would attempt to present the offer to Nassau HKT "the next day," Borough Administrator Robert Bruschi said Wednesday.
   However, "there’s no recommendation at this point," he said.
   Mr. Bruschi said the meeting will be similar to the recent series of closed sessions held before council meetings, but will give council members enough time to work toward "one final proposal."
   He added, "We’re coming down to the wire in terms of timing and trying to get this thing going. NHKT indicates they’re eager to get this thing started. We just want to make sure that things are on track."
   Among the looming deadlines that could affect the future of the project is Aug. 17 — the date by which Nassau HKT has to apply for a building permit.
   Although he said Nassau HKT has indicated that it is poised to meet the deadline, failure to apply could result in the "potential that they would have to reapply to the state and have their plans reviewed again because a new code is in effect," Mr. Bruschi said, noting that the process could take months.
   "If that (deadline) gets missed, we could be in jeopardy of (not) getting this going in the fall," he said.
   But, he added, "if everything falls into place, I see no reason why it couldn’t," he said. "We want to work with them to get through that."
   Still, he acknowledged that there are still significant issues that the two entities need to iron out.
   "It has taken an inordinate amount of time to get us to where we are now," he said. "We still have some reasonably significant issues on both sides that are going to require some give and take."
   Issues to be discussed Tuesday include points of contention such as rent commencement, he said.
   Mr. Bruschi said one of the challenges of the session will be getting council members on the same page.
   "We need to feel comfortable with whatever we come up with there," he said. "Right now there’s not a full comfort level with the council, so we need to get people on board with what they want."
   At Tuesday’s council meeting, Councilman Roger Martindell said he doesn’t think the special closed session will be "a useful exercise."
   He added, "I think we’re at the state where we’re negotiating against ourselves," he said. "I would rather not have the meeting, let the chips fall where they may, and move on."
   Later, Mr. Martindell responded to a question from borough resident and former Councilman Mark Freda about whether there is a set date by which the borough could declare the developer in default.
   Mr. Martindell said one date — by which the developer was supposed to have Phase 2 financing in place — "passed months and months and months ago." Regardless of what he said are valid arguments on both sides about whether the borough should indeed declare Nassau HKT in default of its contract, Mr. Martindell said the borough has the legal power to do so.
   While Mr. Bruschi said such considerations will be among those discussed Tuesday, he noted that most are a matter of how each party interprets the contract.
   Either way, declaring the developer in default wouldn’t end the process, Councilman David Goldfarb said.
   "Even if we declare them in default, there’s a time during which they have an opportunity to cure the default," he said. "It’s not like we can say goodbye and never see them again."
   Whatever is ultimately decided, Mr. Bruschi said the proposal to Nassau HKT will most likely be revealed to the public over the course of two meetings: one to present the proposal verbally and in writing, and a second, special agenda session where the public can respond and at which the council would take action.
   "I think it’s the intent of the staff and the council to have all of this as public as it can be," he said. "And the sooner the better."
   Meanwhile, one outstanding Phase 1 issue could soon be resolved.
   The recent removal of a Verizon utility pole will allow for the long-delayed installation of a pergola on the Spring Street side of the downtown plaza, Mr. Bruschi said Wednesday.
   "The ball is back in NHTK’s court, so we can get this thing taken care of," he said.