Council to Consider Changes to Open Space Ordinance
In addition to hearing public views on Fields of Dreams proposal, Town Council makes plans for its Feb. 15 business meeting
Most of the attention at Town Hall Tuesday night went to discussion of the controversial proposal to install artificial turf fields at the two Parsippany high schools, but a Township Council agenda meeting took place as well. Once turf talk subsided, the body went to work to plan its Feb. 14 meeting.
Among the items to be considered next week is a proposal to make changes to the town ordinance governing the Open Space Committee. The panel, headed by Mayor James Barberio, makes recommendations to the council of properties it considers appropriate to acquire as open space.
Resident Pat Petaccia shared a sentiment with Patch that was echoed by a number of residents present.
"It wouldn't surprise me if they're trying to use a back-door approach to give themselves the power to use the open space money to pay for the turf fields," she said. "That money is not supposed to be used for that purpose."
As it stands, in order for open space funds to go toward improving recreational facilities at the high schools, the town must obtain a conservation easement document and strike a shared-services agreement with the Board of Education to gain the ownership interest in the school properties and satisfy a legal requirement.
Many residents argue that Open Space Trust Fund dollars are intended to be used for the purchase of properties that protect Parsippany from overdevelopment, maintain pervious ground within the township and refresh aquifers beneath the ground.
The proposed changes were not revealed. Township Attorney John Inglesino said under law, a new or revised ordinance is introduced only by its title. He said the details of the changes would be announced only in time for the ordinance proposal's second reading.
That means the Town Council would have to approve the plan on first reading without the public knowing what any proposed changes entail.
Other ordinance changes to appear for first reading next week include plans to amend parking and fire zone rules at 1140 and 1160 Parsippany Road, 50 Parsippany Road, 1 Jefferson Road, 1560 Route 46 and 100 Kimball Drive.
In other business, Business Administrator Jasmine Lim announced that sealed bids have been taken from contractors vying to supply new rescue and diving apparatus for Parsippany Rescue and Recovery (at a cost of $398,360) and a new brush chipper ($58,612.50) for the Parks and Forestry Department.
The council is expected to vote on a number of resolutions next Tuesday. Among them is a proposal to confirm the appointment of Gabrielle Gallagher of Carrino Gallagher LLC as the township's public defender. The position would pay up to $17,500 for a one-year term.
Another resolution would renew the contract of the Wellness Coaches USA, which offers health and fitness opportunities for municipal employees.
Pat Petaccia stood to complain about town workers taking fitness breaks on the taxpayers' dime.
"They should be dealing with wellness on their own time," she said.
Administrator Lim countered by saying that the wellness program actually benefits taxpayers.
"Healthy employees show up for work," she said, adding that studies have proven that companies that offer wellness programs for staffers enjoy higher productivity and efficiency, which ultimately saves money.
Mayor Barberio, a participant in the wellness program, said the effort is a valuable one that he supports wholeheartedly.
In the council's engineering report, Councilman John Cesaro said Morris County Engineering will replace the culvert under Smith Road near the District 6 satellite firehouse. To be able to undertake the effort, he said a utility easement will be needed to allow gas and electric utilities to be relocated temporarily so that space is available to allow work to commence on the culvert replacement. A resolution addressing this matter will be considered at next Tuesday's meeting.
The meeting also featured check presentations to benefit five local service entities. Parsippany-based ADP gave $2,000 each to the Parsippany Police Benevolent Association Local #131, the Police Athletic League, the Parsippany Free Public Library, Parsippany-Troy Hills Fire Association District 6 and Parsippany Ambulance.
Jennifer McNulty
11:17 am on Wednesday, February 8, 2012
Here is the NJ Statute 40:12-15.8 referenced in the new Ordinance.
40:12-15.8. Propositions deemed approved by voters of municipality
8. Any municipality whose voters, prior to the effective date of this act, approved pursuant to R.S.40:12-10 et seq. a proposition authorizing the establishment, maintenance, and improvement of a system of public recreation shall be deemed to have approved a proposition for any or all of the purposes specified in paragraph (1) of subsection a. of section 7 of this act at the amount or rate specified in the original proposition, which purposes shall be determined by adoption of an ordinance by the governing body of the municipality after conducting at least one public hearing thereon. Any fund created for the purposes of R.S.40:12-10 et seq. shall be dissolved and any monies remaining therein shall be deposited into the "Municipal Open Space, Recreation, and Farmland and Historic Preservation Trust Fund" created pursuant to subsection c. of section 7 of this act to be utilized for the purposes determined by the governing body of the municipality as authorized pursuant to this section.
This Statute was originally written in 1997 and last amended in 2010.
Parsippany's Ordinance 2007:12 was written after this using the Statute 40:12-15.7 as a basis for the wording.
Here is a link to the Statute, http://law.onecle.com/new-jersey/40-municipalities-and-counties/12-15.7.html
John Paff
12:01 pm on Thursday, February 9, 2012
I'm confused by the part of the article that says: "The proposed changes were not revealed. Township Attorney John Inglesino said under law, a new or revised ordinance is introduced only by its title. He said the details of the changes would be announced only in time for the ordinance proposal's second reading." Is he referring to NJSA. 40:49-2a (below)? It allows a new ordinance to be introduced by title only, but also says that it is a public record.
Perhaps he was misquoted, but he makes it sound as if the public can't see the proposed ordinance until the second reading. But anyone can go to the Clerk's office the day after the first reading is held and get a copy of the proposed ordinance through an Open Public Records Act request.
John Paff
--statute
Every ordinance after being introduced and having passed a first reading, which first reading may be by title, shall be published in its entirety or by title or by title and summary at least once in a newspaper published and circulated in the municipality * * * together with a notice of the introduction thereof, the time and place when and where it will be further considered for final passage, a clear and concise statement prepared by the clerk of the governing body setting forth the purpose of the ordinance, and the time and place when and where a copy of the ordinance can be obtained without cost by any member of the general public who wants a copy of the ordinance. * * *
Natalie Davis
1:20 pm on Thursday, February 9, 2012
Mr. Inglesino was not misquoted. That is what he said. His answer may not have been complete, but that is what he communicated. But thank you for the info, I'll file an OPRA right after first reading Tuesday.
TJ Ritter
9:23 pm on Sunday, March 25, 2012
http://parsippany.patch.com/articles/fod-walking-tour-scheduled-for-sunday#comments_list
www,parsippanyunite.com
FYI, there were no "FOD" members/supporters at this walkthrough today (3/25/12). It was very informative. We saw things that needed repair, saw things that probably did not need repair and saw things that raised more questions about the scope of work. The press was there and we would have loved to have had the "FOD" members/supporters there so we could discuss the project.