Village Council Public Meeting Minutes 20140219

A REGULAR PUBLIC MEETING OF THE VILLAGE COUNCIL OF THE VILLAGE OF RIDGEWOOD HELD IN THE SYDNEY V. STOLDT, JR. COURTROOM OF THE RIDGEWOOD VILLAGE HALL, 131 NORTH MAPLE AVENUE, RIDGEWOOD, NEW JERSEY, ON WEDNESDAY, FEBRUARY 19, 2014, AT 8:00 P.M.

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

Mayor Aronsohn called the meeting to order at 8:00 P.M., and read the Statement of Compliance with the Open Public Meetings Act. At roll call, the following were present: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn. Also present were Heather Mailander, Acting Village Manager/Village Clerk; and Matthew Rogers, Village Attorney.

Mayor Aronsohn led those in attendance in the Pledge of Allegiance to the flag. Mayor Aronsohn then asked for a moment of silence to honor the men and women in the United States Armed Forces who protect and defend our freedom every day, as well as those serving as first responders.

2. ACCEPTANCE OF FINANCIAL REPORTS

Mayor Aronsohn moved that the Bills, Claims, and Vouchers, and Statement of Funds on hand as of January 31, 2014, be accepted as submitted. Councilman Pucciarelli seconded the motion.  

Roll Call Vote

AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT:   None
ABSTAIN:  None

3. APPROVAL OF MINUTES

Mayor Aronsohn moved that the Village Council minutes of March 15 and March 26, 2013, and January 15, 2014, having been reviewed by the Village Council and now available in the Village Clerk’s Office, be approved as submitted. Councilman Riche seconded the motion.

Roll Call Vote
AYES:  Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None

4. PROCLAMATIONS

          A. Dads’ Night Days:  Councilwoman Hauck read the following proclamation, after which time Mayor Aronsohn invited Steve Angelino, the Chairman at Hawes Elementary School, and Barry Sands, the Chairman at Somerville  Elementary School, for Dads’ Night Days. Mr. Angelino said this is the 70th year to celebrate the “Dads’     Night” show at Hawes. This year, there are 253 Dads who will be putting on a show March 7-8 at the  Benjamin Franklin School auditorium. Admission is free, and Mr. Angelino invited everyone to attend. The Dads do everything from writing the skits, making the costumes, participating as band members, and everything in between. Mr. Sands commented that they have managed to raise approximately $40,000 for Somerville and Hawes Schools.

         B. Read Across America Day : Councilwoman Walsh read the following proclamation:

         C. Super Science Saturday: Councilman Pucciarelli read the following proclamation:

5. COMMENTS FROM THE PUBLIC

Mayor Aronsohn asked if anyone from the public wished to speak regarding any of the agenda items.

Louis Lembo, 721 Albert Place, said he did “Dads’ Night” for a number of years, and he is amazed at the amount of money that is raised every year.

Mr. Lembo also said accolades should be sent to those who are plowing throughout the Village, because the streets are in very good condition. However, he had one suggestion regarding a couple of places, including parts of North Pleasant Avenue, where the streets have been narrowed as a result of the plowing that has been done. In addition, Mr. Lembo said he was disappointed that many of the fire hydrants have not been cleared, which he believes is the responsibility of the residents.

Boyd Loving, 342 South Irving Street, followed up Mr. Lembo’s comments regarding the conditions of the streets. Mr. Loving reiterated that Village workers, as well as the subcontractors employed by the Village, are doing an outstanding job. However, Mr. Loving is concerned about the number of private property owners who seem to feel that they have the right to take the snow that is in their parking lots and move it into the streets. Mr. Loving asked if there is any ordinance that prohibits this, and if so, why it is not being enforced. Mr. Loving believes it is fairly easy to issue a summons for such activities, because all that is necessary is to drive around to see the property owners in action. In particular, Mr. Loving said that Marshall Street is a disaster. People from the medical office building on the corner of Marshall Street and North Maple Avenue plow all of the snow from the parking lot into the street. On the opposite side of the street, there is a sinus clinic that is doing the same thing, making Marshall Street nearly impassable. While some businesses are plowing into the street, there are other businesses that do not engage in such behavior. For example, the Stop & Shop piles all of the snow from its parking lot into one section of the parking lot, or has it removed. Mr. Loving wonders what recourse is available to stop this practice, such as issuing summonses to try to recoup some of the money spent in having the contractors returned to remove the snow piles.

Police Chief John Ward responded that according to Title 39, there are statutes regarding putting debris or hazardous materials into the road, causing road hazards. The problem that is incurred with enforcement of the Title 39 statutes is that presence is a requirement in order for summonses to be issued for most Title 39 violations. That means that an officer must witness the actual activity, or they must be some type of visual proof of the activity occurring, in order for a summons to be issued. Chief Ward suggested that it might be possible to put the property owners in question on notice to try to gain their cooperation and educate them on the Title 39 statutes. He recommended that a list of the offenders be prepared and submitted to the Police Department. Unfortunately, Chief Ward pointed out that most of the Police Department’s resources are tied up during storms responding to emergency calls, although there have been some enforcement efforts made.

Mr. Rogers confirmed that there is a Village ordinance in Section 249-1(A) of The Code of the Village of Ridgewood requiring that any snow removal cannot be put onto the streets or highways of the municipality or the County. However, such activity still must be witnessed in order to be enforced. Chief Ward noted that any citizen who witnesses such activities can go to the Municipal Court and file a complaint as a witness to such an offense, as with any other ordinance. Mr. Rogers reiterated that if Mr. Loving knows of any such activities, he could forward a list of the offenders to Chief Ward, who will draft a letter advising them of the ordinances. Mayor Aronsohn agreed that there is an educational component that should be investigated, and that perhaps the Police Department could work with the Chamber of Commerce to disseminate that information.

There were no other comments from the public at this time, and Mayor Aronsohn closed the time for public comment.

6. MANAGER’S REPORT

Ms. Mailander thanked all Village residents for their cooperation and understanding when the garbage and recycling pickup schedules need to be adjusted for the safety of the crews. She realizes that collection has been rather sporadic due to the weather, and again thanked everyone for their cooperation.

During these weather events, Ms. Mailander noted that the Village has been using e-notices to communicate with residents regarding dangerous weather; traffic conditions; and adjustments to the garbage and recycling pickup schedules. These messages are sent by email and text message on electronic devices. Ms. Mailander encouraged all residents to sign up for e-notices through the Village website at www.ridgewoodnj.net. The link to sign up is found on the right side of the homepage.

The Streets Department continues to fill potholes, but at this time of year, they are only able to use cold patch, which is a black, granular material that does not last very long. Asphalt plants will not open until the weather warms up, so efforts will continue to make the streets safe using cold patch.

For people who live along walking routes to the schools, Ms. Mailander requested that they make a special effort to clear the snow from the sidewalks and corners. The snow piles are at significant heights, which blocks motorists’ view of children until they are in the streets.

As the weather improves, Ms. Mailander encouraged everyone to check out the Village website for updated information and events.

7. COUNCIL REPORTS

Planning Board Councilman Pucciarelli reported that the Planning Board met last evening, with two items on the agenda of general interest. One of those items is that, at the request of the Village Council, the Planning Board reviewed the redevelopment zone that had been established in 2007 on the corner of Franklin Avenue and North Walnut Street. At the time, the emphasis was on trying to attract the development of a garage, either by a private enterprise, or by the Village, and no interest was expressed at the time, so the project did not move forward. The Planning Board is looking at the zone again, noting that an applicant came before the Village Council several months ago with a project for an assisted living facility that would also provide a public garage as part of the development. In order to accommodate that and other proposals for that property, the Planning Board is re-evaluating the zoning criteria for that redevelopment district. This is not necessarily being done for that particular project, but to open the area up more broadly for potential applicants.

The second item of interest was a review of the Shade Tree Ordinance at the request of the Village Council. The discussion was vigorous, and the ordinance will be coming back to the Village Council for reconsideration, with recommendations made by the Planning Board.

Historic Preservation Commission – Councilman Pucciarelli said the Historic Preservation Commission will meet tomorrow evening in the Garden Room at 7:30 P.M. The Commission is in a re-organizational phase, and will elect a new Chairperson tomorrow evening.

Ridgewood Environmental Advisory Committee (REAC) – Councilwoman Walsh said that the members of the Ridgewood Environmental Advisory Committee (REAC) are planning the annual Earth Day celebration, which will be held on April 26, 2014. In addition, the Conservancy for Public Land will be holding their Daffodil Festival the next day.

Councilwoman Hauck pointed out that the Parks, Recreation, and Conservation (PRC) Board and the Fields Committee have announced that LAX Day and the Ridgewood Baseball/Softball Association parade will also be held on April 26th.

Shade Tree Commission Councilwoman Walsh read the names of the new members of the Shade Tree Commission, who will be approved by resolution later at this meeting.

8. ORDINANCES

   a. Introduction – #3405 – Amend Chapter 145 Fees – Significant Sewer Discharge Fees

 Mayor Aronsohn moved the first reading of Ordinance 3405. Councilman Riche seconded the motion.

Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN:None

The Village Clerk read Ordinance 3405 by title:

AN ORDINANCE TO AMEND CHAPTER 145 OF THE CODE OF THE VILLAGE OF RIDGEWOOD, FEES, AT SECTION 145-6, “ENUMERATION OF FEES RELATING TO CODE CHAPTERS”

Councilwoman Walsh moved that Ordinance 3405 be adopted on first reading and that March 12, 2014, be fixed as the date for the hearing thereon. Councilman Riche seconded the motion.

Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None

 b. Introduction – #3406 – Amend Chapter 145 Fees – Day Camp Fees

Mayor Aronsohn moved the first reading of Ordinance 3406. Councilman Pucciarelli seconded the motion.

Roll Call Vote
AYES:  councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None

The Village Clerk read Ordinance 3406 by title:

AN ORDINANCE TO AMEND CHAPTER 145, FEES, OF THE CODE OF THE VILLAGE OF RIDGEWOOD, FOR DAY CAMP FEES

Councilman Riche moved that Ordinance 3406 be adopted on first reading and that March 12, 2014, be fixed as the date for the hearing thereon. Councilman Pucciarelli seconded the motion.

Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None

   c. Introduction – #3407 – Amend Chapter 249 – Streets and Sidewalks – Parking Charges for Bagging Meters in the Central Business District

 Mayor Aronsohn moved the first reading of Ordinance 3407. Councilwoman Hauck seconded the motion.

Roll Call Vote
AYES:Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None

The Village Clerk read Ordinance 3407 by title:

AN ORDINANCE TO AMEND CHAPTER 249 OF THE CODE OF THE VILLAGE OF RIDGEWOOD, STREETS AND SIDEWALKS, AT SECTION 249-42, “PERMIT REQUIRED” AND SECTION 249-48, “CONDITIONS FOR PERMIT”

Councilwoman Walsh moved that Ordinance 3407 be adopted on first reading and that March 12, 2014, be fixed as the date for the hearing thereon. Councilwoman Hauck seconded the motion.

Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT:None
ABSTAIN: None

     d. Introduction – #3408 – Amend Chapter 3-43(D) – Police Department Personnel

 Mayor Aronsohn moved the first reading of Ordinance 3408. Councilwoman Hauck seconded the motion.

Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None

The Village Clerk read Ordinance 3408 by title:

AN ORDINANCE TO AMEND CHAPTER 3, SECTION 43 OF THE CODE OF THE VILLAGE OF RIDGEWOOD ENTITLED “ADMINISTRATION OF GOVERNMENT, POLICE DEPARTMENT, PERSONNEL”

Councilman Riche moved that Ordinance 3408 be adopted on first reading and that March 5, 2014, be fixed as the date for the hearing thereon. Councilwoman Hauck seconded the motion.

Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None

    e. Public Hearing – #3403 – Amend Chapter 244 – Smoking – Establish No Smoking Zones 3403 Schools

 Mayor Aronsohn moved the second reading of Ordinance 3403. Councilman Pucciarelli seconded the motion.

Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None

The Village Clerk read Ordinance 3403 by title:

AN ORDINANCE TO AMEND CHAPTER 244 OF THE CODE OF THE VILLAGE OF RIDGEWOOD ENTITLED, “SMOKING”

Mayor Aronsohn announced that the Public Hearing was open.

Alan Kantz, a resident of Summit, New Jersey, said he represented the Global Advisors on Smoke-Free Policy (GASP), and they are excited to see the Village continue its consideration of this ordinance designating smoke-free areas around public schools. Mr. Kantz updated the Councilmembers regarding how such efforts are progressing in other areas. Ridgewood has already set a standard for other municipalities within the State by making its parks and other recreational areas smoke-free, and those efforts continue to move forward in other municipalities. Most recently, Pompton Lakes, in Passaic County, enacted a similar ordinance to make their parks and recreational areas 100% smoke-free. Now, as Ridgewood considers making the public rights-of-way around school areas 100% smoke-free, the State of New Jersey is considering legislation to make State parks, recreation areas, and County and local parks and recreation areas 100% smoke-free. This will be discussed at a committee hearing tomorrow morning. In addition, signs are available from the State to denote the designated smoke-free areas. They are metal signs that can be customized with the ordinance number, and Mr. Kantz will get in touch with Ms. Mailander once the ordinance has been adopted to determine what text is desired on the signs, as well as the number of signs desired.

There were no other comments from the public, and Mayor Aronsohn moved that the Public Hearing be closed. Councilman Pucciarelli seconded the motion.

Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None 

Councilwoman Hauck moved that Ordinance 3403 be adopted on second reading and final publication as required by law. Councilman Pucciarelli seconded the motion.

Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None

      f. Public Hearing – #3404 – Amend Chapter 165 – Garbage, Rubbish, Refuse, Recycling – Hazardous Collection Conditions

 Mayor Aronsohn moved the second reading of Ordinance 3404. Councilwoman Walsh seconded the motion.

Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None

The Village Clerk read Ordinance 3404 by title:

AN ORDINANCE TO AMEND CHAPTER 165 OF THE CODE OF THE VILLAGE OF RIDGEWOOD, GARBAGE, RUBBISH, REFUSE, AND RECYCLING, AT SECTION 165-18, “DEFINITIONS” AND AT SECTION 165-22, “COLLECTION SCHEDULE”

Mayor Aronsohn announced that the Public Hearing was open. There were no comments from the public, and Mayor Aronsohn moved that the Public Hearing be closed. Councilwoman Walsh seconded the motion.

Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None 

Councilwoman Hauck moved that Ordinance 3404 be adopted on second reading and final publication as required by law. Councilwoman Walsh seconded the motion.

9. RESOLUTIONS

THE FOLLOWING RESOLUTIONS, NUMBERED 14-31 THROUGH 14-56, WERE ADOPTED BY A CONSENT AGENDA, WITH ONE VOTE BY THE VILLAGE COUNCIL, AND WERE READ BY TITLE ONLY:

 10. COMMENTS FROM THE PUBLIC

Mayor Aronsohn stated that they would again have comments from the public and asked anyone wishing to address the Village Council to come forward. There were no comments from the public, and Mayor Aronsohn closed the time for public comment.

11. RESOLUTION TO GO INTO CLOSED SESSION

The following resolution, numbered 14-57, to go into Closed Session, was read in full by the Village Clerk, as follows:

 12. ADJOURNMENT

There being no further business to come before the Village Council, on a motion by Councilwoman Hauck, seconded by Councilman Pucciarelli, and carried unanimously by voice vote, the meeting was adjourned at 8:30 P.M.

                                                                                                _____________________________

                                                                                                           Paul S. Aronsohn

                                                                                                                   Mayor

_________________________________

            Heather A. Mailander

               Village Clerk

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