Village Council Special Public Meeting 20160709

A SPECIAL PUBLIC MEETING OF THE VILLAGE COUNCIL OF THE VILLAGE OF RIDGEWOOD HELD IN THE SYDNEY V. STOLDT, JR. COURT ROOM OF THE RIDGEWOOD VILLAGE HALL, 131 NORTH MAPLE AVENUE, RIDGEWOOD, NEW JERSEY ON WEDNESDAY, SEPTEMBER 7, 2016 AT 7:30 P.M.

1.                   CALL TO ORDER – OPEN PUBLIC MEETINGS ACT – ROLL CALL – FLAG SALUTE – MOMENT OF SILENCE             

Mayor Knudsen called the meeting to order at 8:23 P.M. and read the Statement of Compliance with the Open Public Meetings Act.  At roll call, the following were present:  At roll call, the following were present:  Councilmembers Hache, Sedon, Voigt, Walsh and Mayor Knudsen.  Also present were Heather Mailander, Acting Village Manager; Donna Jackson, Deputy Village Clerk; and Matthew Rogers, Village Attorney. 

2.           ORDINANCES – CONTINUED PUBLIC HEARING

a.           3540 – Amend Chapter 190 – Land Use and Development – Regulations for Political Signs and Temporary Signs

Mayor Knudsen moved the third reading of Ordinance 3540.  Councilman Sedon seconded the motion. 

AYES:                   Councilmembers Hache, Sedon, Voigt, Walsh, and Mayor Knudsen

NAYS:                  None

ABSENT:             None

ABSTAIN:            None

The Village Clerk read Ordinance 3540 by title:

A ORDINANCE TO AMEND CHAPTER 190, SECTION 122 OF THE CODE OF THE VILLAGE OF RIDGEWOOD ENTITLED “SIGNS”

Mayor Knudsen stated that the Planning Board has given their input on Ordinance 3540, so the consideration of this ordinance for adoption can proceed, after the Public Hearing.  The Public Hearing on Ordinance 3540 was opened.  Boyd Loving, 342 South Irving Street, pointed out that this ordinance would allow 20 days post-election for removal of the signs, as opposed to the previous ordinance, which only allowed 10 days.  When Mr. Loving brought this up initially, Mr. Rogers said it might be due to a new legal or freedom of speech requirement.  Mr. Rogers indicated he would research this point and Mr. Loving asked what Mr. Rogers had learned. 

Mr. Rogers referred to the New Jersey Supreme Court case of Reed vs. Gilbert and the interpretation of the case, which has resulted in amended sign ordinance in many municipalities in New Jersey.  This case calls for a 15 day period for sign removal; however, Mr. Rogers recommended 20 days to be well outside of the time period since the case cited above found Ridgewood’s ordinance unconstitutional.  Mr. Rogers explained that the Village Council would be undertaking a comprehensive review of the sign ordinance.  He added that at this point in time the Courts indicate that a strict and specific reason is needed for the speedy removal of signs other than aesthetics.

Mr. Loving asked if this ordinance limits the distance of the sign to the curb.  Mr. Rogers said the ordinance doesn’t contain setback limitations, and the purpose of this ordinance was a quick fix to restrict temporary signs, including political signs, from public property only. 

Councilman Voigt pointed out that this ordinance includes right-of-ways that are measured from the center of the street.  The right-of-way on streets vary, which means that the signs may not be located uniformly.  The signs cannot be located right at the curb, and Mr. Rogers said that they need to look at requirements for distances from the curb or setbacks in the future.

There were no further comments from the public and Mayor Knudsen moved that the Public Hearing was closed.   Councilman Sedon seconded the motion. 

Roll Call Vote

AYES:                   Councilmembers Hache, Sedon, Voigt, Walsh, and Mayor Knudsen

NAYS:                  None

ABSENT:             None

ABSTAIN:            None

Councilwoman Walsh moved that Ordinance 3540 be adopted on third reading and final publication as required by law.  Councilman Sedon seconded the motion.

Roll Call Vote

AYES:                   Councilmembers Hache, Sedon, Voigt, Walsh, and Mayor Knudsen

NAYS:                  None

ABSENT:             None

ABSTAIN:            None

b.           3541 – Repeal Ordinance 3066

Mayor Knudsen moved the third reading of Ordinance 3541.  Councilman Hache seconded the motion. 

AYES:                   Councilmembers Hache, Sedon, Voigt, Walsh, and Mayor Knudsen

NAYS:                  None

ABSENT:             None

ABSTAIN:            None

The Village Clerk read Ordinance 3541 by title:

              AN ORDINANCE OF THE VILLAGE OF RIDGEWOOD, AMENDING CHAPTER 145 AND

Mayor Knudsen stated that the Planning Board has given their input on Ordinance 3541, so the consideration of this ordinance for adoption can proceed, after the Public Hearing.  The Public Hearing on Ordinance 3541 was opened.

There were no comments from the public and Mayor Knudsen moved that the Public Hearing was closed.   Councilman Sedon seconded the motion. 

Roll Call Vote

AYES:                   Councilmembers Hache, Sedon, Voigt, Walsh, and Mayor Knudsen

NAYS:                  None

ABSENT:             None

ABSTAIN:            None

Councilwoman Hache moved that Ordinance 3541 be adopted on second reading and final publication as required by law.  Councilman Voigt seconded the motion.

Roll Call Vote

AYES:                   Councilmembers Hache, Sedon, Voigt, Walsh, and Mayor Knudsen

NAYS:                  None

ABSENT:             None

ABSTAIN:            None

3.           RESOLUTIONS

THE FOLLOWING RESOLUTIONS, NUMBERED 16-254 through 16-255 WERE ADOPTED ON A CONSENT AGENDA, WITH ONE VOTE BY THE VILLAGE COUNCIL, AND WERE READ BY TITLE ONLY:

4.           ADJOURNMENT

At 8:28 P.M., Councilman Sedon made a motion to adjourn the Special Public Meeting and reconvene the Work Session.  Councilwoman Walsh seconded the motion.

Roll Call Vote

AYES:                   Councilmembers Hache, Sedon, Voigt, Walsh, and Mayor Knudsen

NAYS:                  None

ABSENT:             None

ABSTAIN:            None

                                                                                                                                                                                                                                                                                 _________________________________                                                                                                                                       Susan Knudsen                                                                                                                                                                         Mayor

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              Donna M. Jackson                                                                                                                                                          Deputy Village Clerk