NEWS

Morris freeholder withdraws opposition to church grants

Peggy Wright
@PeggyWrightDR

Morris County Freeholder William “Hank” Lyon has withdrawn his proposal that the freeholder board stop awarding historic preservation grants to churches.

Lyon had introduced a resolution at the Jan. 14 freeholder meeting and the controversial move -- opposed by many clergy in Morris County -- was slated to be discussed at the freeholder’s public session this Wednesday. Lyon had proposed that the freeholders adopt a resolution to end the giving of historic preservation grants to churches because the awards appeared to violate the state Constitution.

Freeholder Director Kathy DeFillippo and Freeholder Douglas Cabana were publicly opposed to the resolution. Deputy Director John Cesaro had expressed concerns on Jan. 14 about impermissible constitutional “entanglements” between church and state but said Monday he was prepared to vote against the resolution if a vote had occurred this Wednesday.

Lyon on Monday released a statement that said:

“After considerable thought, I have decided to withdraw my resolution regarding historic preservation grants for religious institutions.

“Since introducing the resolution at the last freeholder meeting, I have received significant input from citizens, both supporting and opposing the resolution. Many lawyers have contacted me and proferred their opinions about the constitutionality of our program. After considering all of these various opinions, I have concluded that the constitutional provision is ambiguous, but that that ambiguity cannot be resolved by the freeholder board. In our political system these constitutional questions are best dealt with by either the judiciary or a constitutional amendment. Accordingly, I withdraw my resolution.”

Cesaro released a statement that said:

“The resolution, as it was proposed, raised certain constitutional issues and I, as an attorney, felt it prudent to cooperate with those members of the Freeholder Board who wanted to have a complete discussion of this issue subsequent to the last meeting.

“Since that time I have reached out to many leaders of our Morris County religious community, have listened to many interested parties and have researched the matter fully. As such, I am confident that no true entanglement issue exists which was a concern I held for some time.”

Cesaro included in his statement a request for fellow board members to defeat the resolution, a plea that now is moot since Lyon won’t pursue it.

At the Jan. 14 meeting, Lyon presented a resolution that called for a prohibition on churches and houses of worship from receiving county-issued historic preservation grants. Last year in Morris County, nine churches were among 30 applicants that received a total of nearly $2.4 million in grants from the freeholders for historic construction and renovation projects.

Several clergy members who spoke to the Daily Record said they planned to attend Wednesday’s meeting to oppose the resolution. They had contended the resolution was short-sighted, ignoring the social activism roles and open-door policies that many churches have and the grants are not used to promote church beliefs. Many of the churches that historically have received preservation grants were erected a century or more ago and costs of maintaining the exteriors can far exceed the financial capabilities of congregants, some clergy said.

Lyon had said the resolution stemmed from a section in the New Jersey Constitution that states, “Nor shall any person be obliged to pay tithes, taxes or other rates for building or repairing any church or churches, place or places of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right or has deliberately and voluntarily engaged to perform.”

Lyon had said the potential constitutional violation was first brought to his attention by Whippany resident William Eames, an unsuccessful GOP candidate in 2011 for state Senate representing the 27th District, and his wife, Barbara Eames, a past unsuccessful freeholder candidate. William Eames has said he is not anti-church, but the Constitution is clear to him on the issue.

Morris County Counsel Daniel O’Mullan last year gave freeholders an opinion that concluded the county’s historic preservation program is authorized by statute and approved by public referendum and has established neutral criteria for the grants. The program restricts grants to exterior preservation work and mechanical systems at active houses of worship.

The grants cannot be used for interior work, salaries, literature or promotion of a house of worship’s ideology.

The Rev. David Smazik, pastor of the Presbyterian Church of Morristown, has called the abundance of houses of worship in town “the core of the history of Morristown.” His church last year received a grant of $297,512 to help it fix the sanctuary roof and correct drainage problems on another roof.

“Many social services come from these churches,” Smazik said. “If the churches did not provide the services they do, there would be a huge financial burden on the county and municipalities. The churches are the history of the area. It’s a living history. “

Staff Writer Peggy Wright: 973-267-1142; pwright@njpressmedia.com