Borough Council Delays Approval of Referendum Question for Open Space Funds

The New Providence Borough Council moved to revise Resolution 2011-140 at last night's meeting and put it back on the agenda for the next meeting.

The resolution would authorize "A Non-Binding Referendum To Amend The Open Space Ordinance (§70-1) To Allow The Funds To Be Used For Acquisition Of Open Space And Improvements To Recreation Facilities."

During a brief discussion, the council addressed concerns that the resolution’s language did not adequately convey the types of improvements the item suggested.

“We had a chance to look at a few drafts of language, specifically stating what it will say on the ballot in terms of the actual question and the explanatory statement,” Mayor J. Brooke Hern said. 

Council President Michael Gennaro was curious if it was necessary to add a statement about “ancillary parts of a recreation facility,” such as driveways, parking lots, and bathrooms.

Borough Attorney Carl Woodward said he believes that the explanatory statement was reasonable and clear, but the language could be tightened if the board deemed it necessary.  

“I do think the term, ‘athletic fields, parks, and playgrounds’ includes that sort of thing, but if you want to be more precise, you certainly could do that,” Woodward said. “You could say, ‘which may include athletic fields, parks, playgrounds, and other similar related improvements.’ Related would indicated a paved parking lot or a rest room facility.” Woodward went on to say that improvements to the facilities’ auxiliary units was implicit in the resolution.

“Otherwise you could just spell it all out, but then you reach a point that maybe by spelling everything out, you end up limiting yourself,” he said.

Councilman James Cucco agreed that it would be in the Council's best interest to delay a vote until the following meeting, saying it will give “everyone a chance to look over it.”

Councilman Vincas Vyzas also brought up the notion that, although the resolution speaks of acquisition and improvements of borough facilities, it does not mention upkeep and maintenance. Vyzas believed it might be wise to expand the resolution to include those critical items.

“We may have situations where, perhaps, a turf field may not need to be improved, but may need to be repaired,” Vyzas said. “That could be a pretty expensive proposition.”

The Council agreed to have a revised version for the next meeting. In addition, the Council will circulate the document to the Department of Community Activities and ask for comments. The Council requested the comments be made within ten days, giving the Community Activities Advisory Board time to look over the document at their next meeting. The resolution will be put back on the agenda for discussion and possible approval for the Council meeting following the next CAAB meeting.

 The decision will ultimately be left up to New Providence residents, as the resolution will place a non-binding referendum question on a ballot in November election.

Hern stressed that the Council was in “no rush” to pass the resolution that night, as the deadline for approving of an election ballot referendum question is not until August.