Time Running Out for Open Space Supporters

A group of citizens who want to restrict the township’s ability to spend money from the Open Space Trust Fund have asked council to put a question to that effect on the ballot in November.

But Mayor John Button, while open to the idea of discussing the issue further publicly, is concerned the window of opportunity to place such a referendum is rapidly closing.

Bruce Carskadon, a member of the group "Concerned Moorestonians," approached council last week with the idea of a referendum after his group tried, and failed, twice to get the question on the ballot via petition.

The petition sought voters’ approval to restrict spending from the Moorestown Open Space, Recreation, Farmland and Historic Preservation Trust Fund to passive projects, such as boating, fishing and hiking, Carskadon said. "We believe that’s what the state’s definition (of recreation for Open Space funding) implies."

The trust is funded through a tax levy of 1 cent per $100 of assessed value. The collects approximately $464,000 annually through the tax.

The drive was prompted by disagreement with town council’s decision this spring to use open space funding for engineering, design and bidding expenses to improve athletic fields and facilities to the tune of more than $200,000. Carskadon's group, along with the "Moorestown Save Open Space" group, fear such spending will diminish the township’s ability to acquire land when it becomes available.

They collected nearly 1,500 signatures, but township attorney Thomas Coleman said and the township rejected it. Carskadon and his allies reworded the question and , only to have the township based on Coleman’s opinion.

Specifically, Coleman explained, state law allows such open space ballot questions to address just two issues: changing the amount of the open space levy, and adding or removing categories of appropriate spending for the open space fund. He said the reworded petition only sought to "redefine and restrict one of the authorized purposes" rather than adding or removing a permitted category of spending.

The township attorney also found fault with rewording the petition without gathering new signatures.

Carskadon appealed to council to use its own power to put the question on the ballot, or at the very least hold a special meeting to consider the issue.

He said if the township continues to use Open Space money for active recreation projects—which is what Carskadon believes the county’s Green Acres funding is for—the citizens could challenge the township in court.

"We’re trying not to get into that because it would cost the town. It would cost us," Carskadon said.

Council members Stacey Jordan and Chris Chiacchio were open to a meeting, while Deputy Mayor Greg Gallo and Councilman Michael Testa were opposed.

"You whiffed at it twice. I don’t know that it’s council’s responsibility to put the question on the ballot," said Gallo. "I don’t see what’s broken in the town."

That left the tie-breaking vote to Button, who said, "I am amenable to having a meeting because I believe more information is better than less information. But I’m not sure there is time."

He said in order to have the referendum to the county in time to get it on the ballot, the council would have to do a first and second reading of an ordinance by Sept. 29.

"We would need to scramble," Button said. "Really I’m not sure we can do it."

Asked whether a special meeting would definitely be planned, the mayor was unable to provide a definitive "yes" or "no" Tuesday because he said he had yet to "circle back with council."