Vote Delayed on Proposed Open Space Ordinance

A plan for a  in favor of one that would ease the way toward making the controversial Fields of Dreams turf project a reality was expected by many to sail to passage at Tuesday night's  meeting.

Instead, the council voted to delay taking further action on the proposal, earning a round of applause by many in the audience and even bringing some to their feet.

The tabling came after a public comment period in which many residents assailed the move to expand government's powers over spending open space dollars. 

The proposed ordinance would expand municipal powers, allowing the town to replace the current Open Space Trust Fund with a new fund that would allow monies to go toward debt service on bonds to cover the estimated $4.5 million cost of artificial turf fields and other improvements for and  high schools. 

The measure would also permit funds to go toward , which would allow the town to acquire homes substantially damaged by floods to be used as open space.

Town Attorney John Inglesino explained that the new ordinance, which would establish the "Municipal Open Space, Recreation and Farmland and Historic Preservation Trust Fund," would expand upon and clarify the specific ways in which open space money legally could be used. 

The new law, he said, would also "codify past practices of the municipality." Inglesino noted that past administrations already used open space funds to cover down payments of debt services for projects at Smith and Jannerone fields, despite being legally questionable.

Inglesino added that the new ordinance would have no effect on the present Open Space committee and its operations.

The criticism that appeared to create concern for council members and a full house of residents was the measure's language. 

Town resident Pat Petaccia pointed out a number of inaccuracies and inconsistencies she found in the new ordinance, which, according to Inglesino, was to bring state and municipal law governing open space monies into alignment. Different versions of the proposed ordinance appeared on the township's website, in the Daily Record (the council's official newspaper) and in the text distributed to some meeting attendees.

Petaccia noted that while the proposed ordinance allows debt service on maintenance expenditures, the state open space statute does not. This contradicted Inglesino's statement that the new municipal measure was supposed to be consistent with state law.

She also noted that while some versions of the proposed ordinance included Blue Acres funds, others did not. 

"Table this ordinance," she told the council.

Resident Ray Vigano agreed.

"I suggest that Council is not ready to vote on this ordinance until words are finalized so public and taxpayers can review it and make intelligent comments," he said to applause. "You are not prepared to vote on this tonight."

Resident and historic preservation advocate Mary Purzycki chastised the body.

"What happened to the honor and integrity that was present in these chambers?" she asked, recounting the many ways in which the legislation upset her. "The advertisement put into the Daily Record on Feb. 20 [isn't what was presented tonight]—the public doesn't even have an idea about what you all want to do…. You added language and item changes. Will you do the honorable thing and table the ordinance or use [Inglesino's] opinionated legal language? Has the dream of fields clouded your judgement?"

Tara St. Angelo, a lawyer hired to represent , offered a question.

"The ordinance published on the website and what was given out tonight are two different versions," she said. "Which version is being voted on tonight?"

Council member Michael dePierro spoke up.

"I'm beginning to feel uncomfortable with voting on this," he said.

Council President Brian Stanton made a motion to table the measure, which was seconded by member Paul Carifi Jr.

"If you're not comfortable, vote to table," Inglesino said. "At the next meeting, you can reintroduce."

The council quickly voted unanimously to delay consideration of the proposed ordinance. The measure will have to be rewritten and then the introduction process and public advertising will have to return to square one.

"With all the inconsistencies, I couldn't vote on that," Carifi said. "We have to do this the right way or not at all."

Mayor James Barberio, a vocal supporter of the turf proposal, said he wasn't bothered by the delay at all.

"I believe this turf plan would be good for the township," he said. "But if in the end it isn't approved, we'll survive."

Editor's note: An earlier version indicated that Councilman John Cesaro seconded the motion to table a vote on the proposed ordinance. The second actually came from Councilman Paul Carifi Jr. Patch regrets the error.