In what turned out to be choice made along predictable party lines, West Windsor Council voted 3-1 on May 25 to appoint planning board member Barbara Pfeifer to fill the seat of resigned Councilwoman Kristin Appelget.
The appointment was made during a special council meeting at which the 10 candidates seeking appointment to the seat each gave a three-minute statement, followed by nominations and a paper ballot by council.
Pfeifer, who was appointed to the planning board as an alternate by Mayor Shing-Fu Hsueh, also worked on the election campaign for the mayor and his running mates — Linda Geevers and Heidi Kleinman, who were also elected last May. Pfeifer will be sworn into office at the Monday, June 5, council meeting.
The vote ran strictly along political lines with Geevers, Kleinman, and Council Vice President Franc Gambatese, also a Hsueh supporter, voting in favor of Pfeifer. During nominations, Pfeifer was the only candidate supported by the three.
Council President Charles Morgan nominated township native William Anklowitz, and cast the lone vote in favor of Anklowitz to fill the seat of Appelget, who was his two-time running mate.
During a public comment session at the beginning of the meeting, Anklowitz was supported by numerous residents of the Windsor Ponds development, where he resides and serves as president of the homeowners association.
Also during public comments before the vote, Bear Brook Road resident Farrell Delman sarcastically predicted the result of the vote. “I have $500 riding on Barbara Pfeifer (being selected). I’m hoping that Franc, Linda, and Heidi don’t disappoint me.”
“But if you do,” he said to the three, “then go for Will Anklowitz.”
Pfeifer’s appointment was the conclusion of a tumultuous process that began at the beginning of May, When Appelget made the surprise announcement that she was resigning to take the position of director of community and government affairs for Princeton University, which has significant land holdings in West Windsor.
The council’s process for interviewing candidates generated a firestorm of criticism from two local newspapers, and one member of council. At issue was the decision by three of the four remaining council members — Morgan, Geevers, and Kleinman — to conduct closed session interviews with the candidates on May 15, 17, and 19.
Council Vice President Franc Gambatese refused to participate — objecting to the closed session meetings, and met with the candidates privately instead.
State law allows governmental entities to meet in closed session on issues pertaining to personnel, negotiations, or litigation. Township Attorney Michael Herbert advised council that the candidate interviews fell under the personnel category, but he also questioned the wisdom of holding closed-door meetings.
Interviewed on May 15 were Nitin Shah, Thomas Fortin, Dan Fabrizio, Carol Brugger, and William Apria. Pfeifer, Robert Suto, and Anklowitz were interviewed on May 17, and John Wydra and Fatima Aziz met with council on May 19.
Morgan, Geevers, and Kleinman maintained that asking each candidate the same questions in closed session was the fairest way to make sure that the candidates interviewed first did not have an advantage over the others.
Recordings of the interviews were made available to public after the process was complete, partially in response to criticism of the process leveled at the township by the Trenton Times and Princeton Packet newspapers.
Both newpapers argued that the closed session interviews were improper and should have been made open to the public.
The Trenton Times maintained that the meetings may have violated the state’s Open Public Meetings Act. “There aren’t many issues more important or more in need of public airing than selecting the people who represent citizens,” Brian Malone, editor of the Times, was quoted as saying in an article in the paper’s May 17 edition. “The Times objects to these secret meetings and believes they violate the Open Public Meetings Act.”
The Times also threatened legal action against the township. A May 18 article reported that a reporter spoke before council went into its closed-session interviews on May 17, asking that the interviews be conducted in open session.
The reporter said that the Times reserved, “`the right to seek remedies in court including an order declaring any action by this council appointing an interim member be declared null and void.’”
“The public’s business should be conducted in public. When there’s no compelling reason for public bodies to meet behind closed doors, they should meet in the open. That’s no great insight; it’s Democracy 101,” said an editorial in the Times’ May 19 edition. “Three West Windsor council members – a majority of the council – violated this fundamental this week.”
“Their explanation for conducting the interviews in camera is that they didn’t want to give the later candidates the benefit of hearing the questions and answers of the earlier interviewees,” says the editorial. “That’s not even a respectable try at justification. If council members Morgan, Geevers and Kleinman aren’t astute enough to detect and discount any advantage that might accrue to any candidate as a result of the process, they have no business making the selection.”
The interview process was also roundly criticized by the Princeton Packet in a May 19 editorial.
“We won’t take the West Windsor Township Council to court over this ill-advised decision,” says the editorial. “But we will take its three-member majority to task for making it – and for justifying it as a matter of convenience when the real concern here should be a matter of civic duty. The issue here isn’t whether the council has the right to interview the candidates in private. It’s whether interviewing the candidates in private is the right thing to do. And, in our view, it isn’t.”
The New Jersey Press Association seems to differ on the issue. A legal opinion posted on the NJPA website, NJPA.org, finds that closed session interviews to fill a vacancies on a governmental bodies are not a violation of law.
Ironically, Plainsboro Township conducted almost the same exact process twice in recent years to fill township committee vacancies, and the process was never disputed.
Plainsboro interviewed candidates for the vacancies in closed session in 1998 when Committeewoman Caroline Conlon resigned (she was replaced by Michael Weaver, who still sits on Committee), and in 1999 when Committeewoman Linda Greenstein was elected to the state assembly (she was replaced by Ginger Gold-Schnitzer, who also is still on the Committee).
The only difference between Plainsboro and West Windsor was that the Plainsboro Committee only had to consider three candidates. Because the township is a partisan form of government, vacancies must be filled by a member of the same party as the person leaving. State law requires the Democratic or Republican municipal committees to screen candidates and recommend three names to the township for consideration.
There are no such rules for West Windsor’s non-partisan form of government, and it is up to the township council to define a method to fill a vacancy each time one may arise. In this case, the fact that 10 people submitted their names made the interview process am unwieldy one.
“One important skill that I felt that we must try to measure was the ability of each candidate to cope with a tough, unexpected question, just like the questions we receive from the public regularly,” says Morgan, the council president. “I wanted to find a way to make sure that every candidate would be surprised by the questions and not have a chance to think about and rehearse their answers.”
“I decided that we had no choice but to ask these questions in executive session in order to achieve the desired element of surprise and achieve the objective of treating all candidates equally and fairly,” Morgan adds.
Geevers also defends the interview process. “We felt that it was fair to all the candidates to interview them separately so that the candidates interviewed second, third, fourth, and so on, did not know the questions they would be asked ahead of time. If you were being interviewed later, you would know the questions, and be able to change your answers. The latter candidates can react to what earlier candidates said, and that would give them an advantage.”
“We felt that it was fair to conduct the interviews this way. We like the group setting, having the council sit together, and interview one candidate at a time,” she adds.
Morgan points out that because the tapes of the interviews were released, the only one who held secret meetings was Gambatese. Ironically, he has been the one praised by the for opposing the closed sessions, Morgan adds.
He also addresses the Times’ criticism. “The Times is in the business of selling newspapers, and it seems they are in the business of writing fiction. They shouldn’t be Entertainment Weekly, and they do a disservice to the community when they create a false perception of what’s going.”
“I didn’t hear any council members say that this should be held any differently. I didn’t hear any candidates say that they have a problem with the process. I haven’t heard any members of the public raise any complaints. It has only been in the media,” says Geevers. “The media’s agenda is to keep all meetings as open as possible.”
Of the May 25 meeting, Geevers says, “We’re giving candidates an opportunity to speak publicly before we deliberate and vote. The candidates will all get an equal chance.”
Despite the public wrangling over the interviews, Morgan says he believes the process has been a productive one. “It exceeded my expectations. The meetings weren’t secret, they were just on a tape-delay, and the tapes are available for free to anyone who wants to listen to them. I believe we succeeded in surprising the 10th candidate with the questions that we asked everybody else.”
The surprise question Morgan had in store for the candidates was about a hypothetical municipal budget issue. He asked whether they would be willing to consider elimination of residential leaf and brush pickup if it woudl save a penny on the municipal tax rate.
Morgan said that there was no right or wrong answer, he wanted to see how each candidate handled their answer. Almost all candidates said they would keep the service over the tax reduction.
Council was hoping to select a replacement during the special meeting on May 25, which was open to the public. Plans called for each of the candidates to deliver a three-minute presentation, after which council would have the opportunity make nominations.
In order to be appointed, a 3-2 majority of council is necessary. In the event of a tie, the tie-breaking vote would be cast by Mayor Shing-Fu Hsueh.
“We have an excellent pool of candidates,” says Geevers. “I haven’t made any decisions yet, and I won’t before I hear their public statements at the meeting tomorrow. I don’t believe any council member would decide before they’ve heard the public statements.
“I would like to see someone with a background in community service, someone who is a good listener, someone who makes decisions based on what’s best for the entire community.”
In making its determination, the council will have an opportunity to choose from a diverse field.
The recordings of the candidate interviews were offered to the public on 10 CDs following the last interview on May 19. The recordings were obtained by the News.
Each candidate was posed a set of seven questions that sought out the community projects or organizations they have been involved in; life experience that would be helpful on council; their opinions on redevelopment; thoughts on the municipal budget and cost-saving ideas; top priorities for council members; whether they would run for election in November; and whether they voted in recent elections.
All of the candidates said they have an interest in seeking election, if appointed. State law requires that the seat be put up for election in the Tuesday, November 7, general election to fill out Appelget’s unexpired term. The seat will again open for election in next May’s municipal election for a full four-year term.
Barbara Pfeifer has been a member of the township planning board since 2005 and worked on Mayor Shing-Fu Hsueh’s re-election campaign. A 10-year township resident who spent 15 years working on Wall Street before recently starting a home marketing business.
Pfeifer said she is impressed with the quality of the township’s professionals. “The community would be well-served to understand the commitment and time that goes into trying to make West Windsor the best place to live.”
She said council’s top priorities include redevelopment “We need to get it right. The scope needs to be set properly. That’s what will determine whether we are successful or not.”
Another priority is communicating with the public. “I’m a big proponent for hiring an information officer or a public relations officer at town hall,” she said.
William Anklowitz, a township native, whose grandparents moved to West Windsor in the 1930s, is an attorney and works in the public defender’s office. He is president of the Windsor Ponds homeowners association.
Anklowitz said while going door to door through his community, he talked to residents about redevelopment. “No one I spoke with said they were interested in seeing residential in the redevelopment. People were interested in commercial and retail stores.”
“It’s important to make sure you get along with everybody (while serving on council),” Anklowitz said about service on council. “It’s all right to debate, disagree, to make your point. It’s okay to change you mind if you feel somebody has a better conclusion. In the end, even if you disagree, you have to get along to manage the township as well as possible.”
William Aprea only recently moved into the township, but also lived in West Windsor from 2000 to 2002. He works as an attorney with Schering Plough.
“I have more time than I’ve had in 10 years, and I’d really like to do something,” Aprea said. “I really like this town and expect to be here long term. I think it’s got great potential and there’s a lot going on. I haven’t had that in the other towns I’ve lived in.”
Fatima Aziz, a 26-year West Windsor resident, is the chair, and a founder of the West Windsor Human Relations Commission. She has participated in the Community Dispute Resolution Committee, and has been active in the Islamic Society of Central Jersey.
“When I moved here, West Windsor was a different place,” said Aziz. “It’s a global village now. When I came here with my young children I wanted to be part of this community, because I came from war-torn lands. I said to myself, leave all those wars and strife behind. West Windsor was going to be my home.”
Aziz said she is concerned about the traffic that might be generated by the transit village, but that the proposal would also give township residents a place to congregate.
Carol Brugger works in Schering Plough’s marketing division. She said she was displeased with the recent township wide property revaluation. “As a taxpayer in West Windsor one of my pet peeves has been reassessment. I can not tell you of a single person in my neighborhood or in West Windsor who I’ve talked to who hasn’t had a similar experience. I don’t know of anybody who’s not appealing.”
Dan Fabrizio, president of the HSBC Bank Sports and Social Club, said that in looking to contain costs in the township budget, he would look at making cuts in the management level.
“You don’t want to hit services too much,” he said. Certain services are essential – public safety, fire, police. If I was given a choice I would cut from the top. Workers provide a service, managers oversee them.”
“You have to bee a good listener and be fair,” as a member of council, said Fabrizio. “You represent us.”
Thomas Fortin described himself as a “fiscal hawk. Says Fortin: “I run a tight ship at home, which is to say I like surpluses better than deficits. I knew what I was getting into when I moved here. I knew that it was an expensive town. I would never come in with the idea that we spend too much on everything.”
He said redevelopment is a top priority for council in the coming years. “If it’s done properly then everyone gets a star. If it’s done poorly, then not so good. The redevelopment process is yet to be fully developed. We don’t want to lose sight that it is a train station. When the planning and design of the area is done, we have to make sure that the people who ride the trains are not encumbered with getting out.”
Nitin Shah, a resident of East Windsor for 20 years before moving to West Windsor five years ago, is the chief operating officer for Atlanta Technologies and Systems.
“There’s a lot of open space in this area. A lot of space allocated for greenery and farms. Development has to take place,” said Shah on the issue of redevelopment. “To me everything is business. Everything is a profit and loss. To me a loss is when taxpayers have to pay more taxes. If there’s way of bringing projects into place where they generate some revenue, and it doesn’t hurt the environment, or the community, and it keeps the culture and lifestyle the same, yet you are able to generate a profit to offset the loss, overall everybody would be happier.”
He also spoke about making decisions as an elected official. “You have to take the input of the community to understand what their thoughts are. But at any given point in time, it’s just like a parent, your kids will tell you, `I want to do this, or I want to do that.’ As a council member you have to make a decision whether your kid likes it or not.”
Robert Suto, who owns an auto body shop, is a member of the board of trustees of the Windsor Haven Homeowners Association. Suto said he supports redevelopment and a transit village. “I’m for the vision of growth in West Windsor as long as it’s well thought out.”
He said he is not familiar with the township budget and would want to read it before suggesting cuts. “It takes money to run a business, to get things done, to get jobs done. People have to pay taxes in order for that to happen. Everyone has a different idea about the services they get for the taxes they pay. That’s one of the areas I would look at – how people’s taxes are allocated to their services.”
John Wydra, a 15-year resident, is a former anchor of the mid-day show on WCBS radio. In 1986 he ran for Congress in New Jersey’s 13th district, winning the Democratic primary but losing the general election.
Wydra said as part of redevelopment the town must address the traffic situation around the train station. “The traffic has become untenable during rush hours and even dangerous in some locations.”
He said he likes the way the transit village project has progressed this far, and hopes that “there is the appropriate amount of transparency throughout the project.”
Wydra says he has no objection to spending included in the township budget. “If you move to a township like this, you expect to have certain services provided, and they cost money. The major complaint everybody has and it’s beyond the control of the township, is the property tax structure. But that has to be solved at the state level.”
