Mayor Hsueh proposes to install an ornate pavilion in the “Pocket Park” named in memory of John Nash. From what we have read so far, it would seem to be the exact one, or at least replica of the one that was designed and built during the 2016 “May in US-China International Art Festival.” The press release said it would be very much like one at Mount Emei, China (one of the Four Sacred Buddhist Mountains of China, according to Wikipedia) where Dr. Nash once gave a lecture in mathematics. It’s not yet clear whether that one would be disassembled and sent here, whether it would come in one piece, or whether it would be duplicated here from plans.
Public policy, however, is that permanent structures with religious connotations should be put on private rather than public land. We wouldn’t want to be getting into First Amendment issues implying governmental approval of any particular religion or creed. What if, for instance, a Christian, Jewish, or Muslim group wanted to put up a permanent Cross, Star of David, or Star and Crescent in a park? Purely temporary holiday displays are fine as long as there is no discrimination between particular beliefs.
There are also specific legal issues with using public land the proposed way. Our Township Code, Chapter 4, Section 4-61 D (under the regulations for the Environmental Commission) says this: “The Commission may, subject to the approval of Township Council, acquire property, both real and personal, in the name of the Township by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall administer the same for such purposes subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee [i.e. fee simple, or total ownership] or any lesser interest, development right, easement (including a conservation easement), covenant or other contractual right (including a conveyance or conditions or with limitations or reversions) as may be necessary to acquire, maintain, improve, protect, limit the future use of or otherwise conserve and properly utilize open spaces and other land use [or] water areas in the Township.”
As far as I know, the Environmental Commission hasn’t weighed in yet on the proprieties of (a) acquiring the pavilion itself as a gift and (b) converting the presently open land in the Nash Park into a formal park with paths, structures, ponds, possible introduction of plant and/or insect species which could become invasive, and the like. This is certainly within their powers. Also, township council hasn’t yet approved this project, which should be put on a meeting agenda after the Environmental Commission has finished its job.
Any new permanent structure in the Nash Park (or anywhere else in the town) needs to go through the construction department with drawings and specifications and be subject to receiving a building permit and final inspection. This is critical to ensure public safety.
In the final analysis, state law controls. The powers and duties that the Faulkner Act grants to the mayor and governing body in the mayor-council form of government are specific. The applicable section here (N.J.S.A.40:69A-40f) says: [The mayor shall] “Supervise the care and custody of all municipal property, institutions and agencies, and make recommendations concerning the nature and location of municipal improvements and execute improvements determined by the governing body.”
This makes it clear that the mayor proposes and council disposes whenever township property is improved. (Think roads, sewers, signs and the like.) A recent example is the cricket pitch in Community Park, and several years ago the same procedure was followed with steel from the World Trade Center in the Ron Rogers Arboretum. The mayor recommends, and then council says yes or no. Let’s follow the law and do the same with any proposed improvements to the John Nash Park.
Dr. Nash gave lectures at many other venues besides Mount Emei. How about putting up a neutral memorial? I suggest a podium and stylized blackboard, possibly with a J. Seward Johnson Jr. figure of Dr. Nash writing equations on it. It could even have some porcelain chairs in front, such as we see in Grounds For Sculpture.
John A. Church
West Windsor
