Ice rink referendum 'untimely,' lawyer says Public discussion of negotiations hurting sale, Cipriani tells council BY PATRICIA A. MILLER Staff Writer Don't lace up those ice skates just yet. The Brick Township Council recently tabled the second reading of a $5.45 million bond ordinance to purchase the Ocean Ice Palace, until Oct. 23. The state Local Finance Board, a division of the state Department of Community Affairs, won't sign off on the township's request to waive the $272,000 down payment on the property until the township's annual audit is complete, said Township Administrator Scott M. Pezarras. "We were not denied that," Pezarras said at the Aug. 21 Township Council meeting. "They wanted to make sure the audit had no major differences in the numbers I was giving them." The township does have another option as far as the down payment goes: take the money out of surplus, Pezarras said after the meeting. And the audit delay is not the only snag township officials have hit in their quest to acquire the Brick landmark and 13.34 acres of property off Chambers Bridge Road for use as a community center. Township Council President Stephen C. Acropolis asked Township Attorney Jean Cipriani at the council meeting if she thought the calls for a referendum on the purchase and the negative comments about the Ice Palace building have hurt the negotiations with the seller. "Absolutely," Cipriani replied. "In terms of negotiating the contract … it's been extremely detrimental," she said during the caucus meeting. "It's still moving forward, but I think the seller is very, very wary of what the town is going to do. The seller's primary concern is if the township is going to go ahead with the project, or if she will have to look for another buyer." Mayor Daniel J. Kelly and Councilwoman Kathy Russell both again called for a referendum question on the purchase. "Tonight is the last night to do it," Kelly said. "Let the people decide. I don't think you can buy anything with the fear of someone else taking it away from you." "Should Brick Township purchase the Ocean Ice Palace for $5.4 million? That's how simple the question could be," Russell said. "They should have a say." The last day to submit a ballot question to Ocean County Clerk Carl W. Block was Aug. 24, Cipriani said. But she made it very clear she didn't think a referendum question on the Ice Palace was appropriate. "I strongly recommend you do not follow that path," Cipriani said. "This is extremely untimely. We have been negotiating since January. This property is for sale. The things that make this an attractive purchase are rapidly dwindling. There's nothing to require her [the seller] to wait until November. You're taking an opportunity you have and really gambling with it." Future referendum questions after the sale is completed would be more suitable, she said. "A plan for facilities would be more appropriate for a referendum," Cipriani said. Acropolis said during a break between the caucus and regular council meeting that developers are already interested in the property if the township does not go through with the purchase. "I had a developer tell me tonight, if the town doesn't buy it, he will step up to the plate," Acropolis said during a break between the caucus and regular council meeting. "I know personally I have done everything I can do," he said. "If it fell through tomorrow, the only people to blame are the people who are throwing up red herrings." Acropolis asked Township Planner Tara Paxton to give an overview of the new "Town Center" area and how the Ocean Ice Place property would fit in. "There's been some misinformation and concerns amongst the public and some council members," Acropolis said at the regular meeting. "I want to get it from our planner." State Planning Commission members recently endorsed the township's revised master plan, making Brick one of only five towns in the state to be recognized. The designation makes it easier for the township to apply for state grants and loans, Paxton said. The focal point of the revised master plan is the "town center" designation, which borders Chambers Bridge Road, Route 70, portions of Brick Boulevard and Jack Martin Boulevard. The Ocean Ice Palace site sits "right in the middle" of the new town center area, Paxton said. Acropolis asked her how many condominiums would be allowed if a developer, not the township, bought the site. The site is zoned for highway business, but a potential developer could apply for a use variance and build up to 15 units per acre, Paxton said. "The site is for sale," Acropolis said. "We are either going to buy it or a developer is going to buy it." The disagreement over a referendum question comes on the cusp of the election season. Acropolis and Kelly are both vying for the two-year unexpired term of former longtime Mayor Joseph C. Scarpelli. Republican council members Ruthann Scaturro, Anthony Matthews and Michael Thulen are also seeking re-election for the four three-year seats up on the council. Board of Education President Brian DeLuca is also running for a seat on the council. They will face Democrats Paul Panuska, Anthony D'Elia, Michael Mauro and former Councilman Fred Underwood, who is the current Planning Board chairman.