Village COuncil WOrk Session Meeting Minutes 20151104

A REGULAR WORK SESSION 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 NOVEMBER 4, 2015.

 

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

Mayor Aronsohn called the meeting to order at 7:34 P.M. and read the Statement of Compliance with the Open Public Meetings Act. At roll call, the following were present:  Councilmembers Hauck, Knudsen, Pucciarelli, Sedon and Mayor Aronsohn.  Also present were Roberta Sonenfeld, Village Manager; Heather Mailander, Village Clerk; and Matthew Rogers, Village Attorney. 

Mayor Aronsohn led those in attendance in the Pledge of Allegiance to the flag and asked for a moment of silence in honor of the American men and women serving in our Armed Forces, as well as those serving as first responders.

1. COMMENTS FROM THE PUBLIC

Mayor Aronsohn asked if there were any comments or questions from the public. No one from the public came forward at this time. 

1. PRESENTATION – REGIONAL DEADLINE FOR COAH OBLIGATIONS – JEFFREY SURIENIAN

Mayor Aronsohn stated that most, if not every, municipality in Ridgewood has to fulfill its affordable housing obligation. The Supreme Court of New Jersey ruled on this matter in March and created a new timeline and another set of requirements regarding affordable housing which prompted Councilwoman Hauck to suggest that the Village reach out to an expert in this field.  Mayor Aronsohn introduced attorney, Jeffrey Surienian, who several years ago, made a very clear and concise presentation to the Northwest Bergen Mayor’s Association on this complicated issue.   

Councilwoman Hauck gave some background on Jeffrey Surienian stating that his practice concentrates solely on representing municipalities in affordable housing matters. He has earned a positive reputation for integrity and clarity in this complex area.  It is important that both the governing body and the residents understand the impact of the new housing regulations when planning for the future. 

Jeffrey Surienian stated that in 1983, he was the clerk for Judge Serpentelli, who had been appointed as one of the judges to preside over the Affordable Housing litigation in the central part of the State. Since that time, he has concentrated his law practice exclusively on that area of the law and will only represent municipalities, not developers.  His law firm represents over sixty municipalities throughout the State and this is all that he has done for over thirty years. 

Mr. Surienian described the evolution of affordable housing, stating that the concept began in 1975 in a decision known as Mount Laurel One. The New Jersey Supreme Court stated that developing municipalities have a constitutional responsibility to create realistic opportunities for low and moderate income housing.  A tremendous amount of litigation followed, questioning the meaning of this Supreme Court decision which resulted in little being done to address the issue of affordable housing. Eight years later, another decision was issued by the Supreme Court of New Jersey known as Mount Laurel Two. This was a new body of procedural law to address and spark the production of affordable housing.   Three judges were selected, including Judge Serpentelli, who were given special powers to process cases quickly.  The judges were encouraged to be innovative in order to find ways to facilitate affordable housing.  The judges created two concepts including the Builder’s Remedy and the Judgment of Repose which remain in effect to this day.  Mr. Surienian explained that the Builder’s Remedy provides an inducement in which developers can sue municipalities that do not comply with affordable housing requirements.  This means that a developer could sue a town or municipality if they wanted their property rezoned.  If the developer was successful, the town would be ordered by the court to have the property rezoned and developed with high density housing including a 20% set aside for affordable housing.  Mr. Surienian went on to state that municipalities demonstrating compliance would receive a Judgment of Repose that would insulate them from these types of law suits. 

Mr. Surienian stated that the impact of the Builder’s Remedy was an explosion of lawsuits regarding Mount Laurel Two. Developers who could meet the requirements articulated by the Supreme Court were able to obtain a Court Order for the rezoning of their properties and there were over one hundred Builder’s Remedy lawsuits in the wake of Mount Laurel Two.  The abundance of lawsuits resulted in a change occurring in 1985, when Governor Kean signed the Fair Housing Act, which would protect municipalities from the Builder’s Remedy law.  The Fair Housing Act was attacked by developers, resulting in Mount Laurel Three in 1986, whereby the Supreme Court had to decide on the constitutionality of the Fair Housing Act.  The Supreme Court had always encouraged the legislature to handle affordable housing along with the newly formed Council on Affordable Housing (COAH).  Mount Laurel Three gave COAH the power to implement all guidelines, standards, and decisions relative to affordable housing wherever possible.

Mr. Surienian stated that the significance of the Fair Housing Act was the creation of COAH, the body responsible for the establishment of procedures and rules. In addition, an opportunity was created for municipalities to comply under the umbrella of COAH’s jurisdiction.  This gave municipalities the opportunity to file a plan with COAH or, if already involved in a lawsuit, the lawsuit could be transferred to COAH for their determination.  COAH also had a concept similar to the Judgment of Repose which was known as Grant of Substantive Certification and the Builder’s Remedy became known as site specific relief.  A Grant of Substantive Certification was a formal declaration by COAH that the municipality had satisfied its responsibilities if anyone attempted to sue the municipality.  Mr. Surienian explained that the odds of receiving site specific relief, formerly known as a Builder’s Remedy, from COAH was extremely low because the stated purpose of the Fair Housing Act was to create an alternative to the Builder’s Remedy.

Mr. Surienian stated that the protections conferred through either a Judgment of Repose or a Grant of Substantive Certification from COAH had a limited life of six years. This meant that it was COAH’s responsibility to ensure that at any given point of time, a standard of compliance could be established.  Municipalities had to comply voluntarily with the jurisdiction of COAH in order to shield themselves from the Builder’s Remedy or if already in Court, obtain an immunity order.  Periodically COAH had to adopt rules for new housing sites, which became known as Round One, Round Two, and Round Three because the protections only had a six-year life span.  The regulations for Round One were adopted in 1986; Round Two in 1994; and the first version of regulations for Round Three was adopted in 2004.  After the first version of Round Three was adopted, there was litigation presented by Fair Share Housing and others against COAH and in 2007, the Appellant Division invalidated certain aspects of the regulations.  There was a requirement that ten items be amended by COAH who, in turn, revised the regulations in 2008, resulting in the second version of COAH Round Three.  These new regulations were litigated.  The Appellant Division stated that some rules were valid, while others were not, and COAH was given five months to fix the rules.  Mr. Surienian stated that many municipalities challenged the ruling by the Appellant Division and in March 2011, the New Jersey Supreme Court decided they would rule again on the affordable housing laws, which took an additional two and a half years.  In 2013, the Supreme Court decided that all COAH rules were invalid and told COAH to submit new rules in five months.  On February 26, 2014, COAH filed an application for more time from the Supreme Court who specifically outlined a time line for when rules should be introduced and adopted.  They said that if COAH was unable to meet the Supreme Court deadlines, the Court would entertain applications on a case by case basis.  They authorized Builder’s Remedy cases against 313 municipalities that had adopted and filed plans with COAH in good faith. 

Mr. Surienian stated that COAH announced that the new deadline to adopt rules would be October 22, 2014. COAH met on October 20, 2014, and voted three to three for the adoption of the new rules.  Subsequently, COAH made no attempt to schedule meetings or make any attempt to break the deadlock and on October 31, 2014, the Fair Share Housing Center filed a motion with the New Jersey Supreme Court.  The motion stated that the Supreme Court had previously indicated they would entertain Builder’s Remedy lawsuits against municipalities in light of the deadlock by COAH. Mr. Surienian explained that the Fair Share Housing Center wanted to get regulations back into Court where they thought they would have a better chance with trial judges.  Oral arguments were heard on January 6, 2015.  The Judge questioned the attorney for COAH relative to what it had done since October 31, 2014. The attorney responded that COAH had done nothing and on March 10, 2015, the Supreme Court decided to take away COAH’s authority.  In addition, the Supreme Court sent authority to fifteen different trail judges throughout the State who would have to determine the numbers and the standards for affordable housing.  The Court also decided that municipalities, who were attempting to move forward and follow the rules, should not be punished while transitional procedures were being developed. 

Mr. Surienian pointed out that the Supreme Court Judges created an opportunity for municipalities to obtain immunity from lawsuits in Court, rather than spend their money on litigation. An additional ruling of the 2013 decision was that the Fair Housing Act was to be the guide and the Judges created a 30-day window between June 8, 2015 and July 8, 2015, for municipalities to file a Declaratory Relief Action in order to apply for immunity under the relief of a trial judge.  However, immunity could not be indefinite and must be periodically reviewed by trial judges to determine the outcome of that immunity.  The Supreme Court stated that a municipality could only be exposed to Builder’s Remedy lawsuits if it was proven to be constitutionally non-compliant.  Mr. Surienian stated that it appears that the Court is establishing favorable standards for municipalities because the Fair Housing Act wants municipalities to spend their time and efforts on compliance, not litigation. 

Mr. Surienian stated that the Court decided to allow a five-month time frame for compliance, which is based on Section 316 of the Fair Housing Act. He explained that various Judges have varying opinions as to exactly when this time frame begins and this point continues to be argued.  Another open question is how to resolve the Fair Share rules.  Mr. Surienian noted that many municipalities banded together in June to enter into a Shared Services Agreement in order to take advantage of an expert report by Dr. Burchell, which disputed the numbers indicated by the Fair Share Housing Center.  A Fair Share Housing representative was supposed to submit a draft report in July, followed by a final report in September. Unfortunately, Dr. Burchell suffered a stroke in July and the municipalities have asked for more time to find a replacement for him. A replacement, E Consult has been retained.  E Consult had prepared a report for the League of Municipalities evaluating the numbers used by the Fair Share Housing Center.  They will submit a report by the end of the year on the obligations of municipalities, including recommended solutions. 

Mr. Surienian stated that at this time, there is no consensus of opinion by the judges involved as to an extension of time. He indicated that the municipality will have to comply with whatever the judge has entered or request a modification.  Some judges want a plan, while others are allowing matrixes or plans giving an outline.  Developers are hoping that mistakes will be made in an attempt to remove a municipality’s immunity.  Mr. Surienian said that immunity should stand since no one has proven that any municipality is constitutionally non-compliant.  He warned that developers will do whatever they can to end the immunity and the Court will have to decide how to deal with these issues as well as determining the standards.  Mr. Surienian pointed out that only one judge has decided on preliminary standards at this point, and it would appear that more litigation lies ahead.  There could be an appeal regarding the five months, as well as the request for an extension of time by the municipalities.  In all of their opinions, the Supreme Court said that they are only involved because COAH took them out of the situation and the legislature has been silent on this matter. 

Mr. Surienian noted that there is a possibility that COAH could resurrect itself. The Fair Share Housing Center has clearly indicated that they intend to pursue civil rights claims.  He said that in the history of Mount Laurel, there have never been any decisions on the basis of civil rights; however, if the Fair Share Housing Center can demonstrate the submission of an invalid plan, they may be entitled to attorney’s fees under the New Jersey Civil Rights Act. 

Mayor Aronsohn opened the meeting for questions from Councilmembers. Councilman Sedon asked if the new deadline for municipalities to submit plans was December 8^th or July 8^th.  Mr. Rogers, the Village Attorney, responded that the deadline for the filing the Declaratory Judgment Complaint was in July after which time the five-month period would begin, with an end date of December.  Mr. Surienian stated that he is only giving a general overview, which is not always fact specific to Ridgewood.  Councilman Sedon asked if immunity disappears for the towns after December 8^th or could it be extended.  Mr. Surienian suggested checking with the Court Appointed Master as well as the Court to find out how the extension of immunity would be handled.  It was his opinion that immunity couldn’t be taken away unless it was determined that Ridgewood was found to be non-compliant.  However, this is not the standard that will be argued by Fair Share Housing or the developers.  Councilman Sedon asked whether a judge would be influenced by the fact that a town had met all of the requirements in the past.  Mr. Surienian said he couldn’t venture a guess.  Mr. Rogers added that a judge has already noted that Ridgewood has acted in good faith and had granted immunity to the Village in the past.  Although there is pending litigation, Mr. Rogers stated that another developer has gotten involved in a case with the Village, which was anticipated.  There has been discussion relative to an extension, but different judges get involved at different times and a judge has indicated that Ridgewood may be premature with a motion for an extension at this time.  The Judge wants Ridgewood to proceed as long as possible, until an impasse is encountered, and speak to the Court at that time.

Councilman Sedon asked what would happen if a town was found to be non-compliant. Mr. Surienian said that the Supreme Court intended a favorable standard for municipalities and they were following the Fair Housing Act, whose stated purpose was to resolve exclusionary zoning lawsuits without litigation.  He indicated that a town would have to be in serious violation before immunity was removed.  He does feel; however, that judges have made several errors handling this case.  He cited the example of Section 316 of the Fair Housing Act, which is used as the basis for providing a five-month time frame, but has been ignored by most of the judges. 

Councilwoman Hauck commented on the lack of clarity in this issue and the deadlines that precede the dictates. She said that the Village is confused on their numbers and was not sure how aggressively they should be in designing the housing plan.  Mr. Surienian stated that in situations where the town doesn’t have enough land to meet its obligation, it becomes entitled to a vacant land adjustment.  There are well established standards to determine this obligation and no one would dispute that these standards apply in Ridgewood’s case.  He noted that there are numbers used by Fair Share Housing, and numbers used by COAH, and those two sets of numbers are used to determine if either number can be met.  If the obligation cannot be met, Ridgewood could go through the vacant land adjustment process to identify another number which will have to be satisfied.  Mr. Surienian explained the formula used to arrive at the number for the vacant land adjustment, which is known as Realistic Development Potential (RDP).  The town has an obligation to create a realistic opportunity for realistic development potential. The number that cannot be satisfied is known as the Unmet Need.  He pointed out that there are different standards regarding the Unmet Need and the judge must be given a definitive plan for the land that is available for development.  Another big question concerns responsibility by the town for the Unmet Need and Mr. Surienian said that traditionally courts have not pushed towns very hard on this because they recognize that they need to be somewhat reasonable. There are creative ways to meet and capture the Unmet Need issue through the use of overlay zones. 

Councilwoman Hauck referred to the December 8^th deadline and said that vacant land must be identified.  She asked if this includes private lots that are currently under developed.  Mr. Surienian replied that he wouldn’t consider lots which have already been approved for development.  He added that towns are allowed to reserve a certain percentage of parklands.  He reiterated that it is important for Ridgewood to maintain its immunity to avoid Builder’s Remedy lawsuits.  The Village must demonstrate to the Courts that they are serious about fulfilling their obligations, because the densities allowed in Builder’s Remedy lawsuits are obscene. 

Councilman Pucciarelli referred to a Case Management Order which stated that a summary of a plan is due to be submitted on November 19^th.  Mr. Rogers stated that this is a summary plan or a matrix and he added that the summary plan was designed by several planners and is fact-specific.  The Village Planner, Blais Brancheau; the attorney for the Planning Board, Gail Price; and Mr. Rogers have met with the Master who provided some direction.  There is now an understanding of the purpose and what is involved in putting the plan together and the Master understands the direction being taken by the Village. 

Councilman Pucciarelli said that the plan has to reflect what exists and what is permitted by zoning. He stated that there are amendments to the Zoning Plan that will be reviewed by the Planning Board. Mr. Rogers said that the reason the court found that the Village has proceeded in good faith is that after four years of hearings and presentations, a plan was adopted by the Planning Board that will provide additional affordable units, both for rental and for sale. 

Councilwoman Knudsen thanked Mr. Surienian for attending the meeting, as well as Councilwoman Hauck for arranging to have him attend tonight’s meeting. She stated that the Planning Board will be reviewing the plan at Monday night’s meeting.  The plan will then be reviewed by the Village Council.  She wondered if it would be feasible to have Ridgewood place pressure on COAH to re-establish itself.  Mr. Surienian said that he argued in front of the Supreme Court that this is a case of agency inaction. He argued that government agencies should not have the option to disband on their own accord because they have a job to do.  The Supreme Court should have required that COAH meet, do their job, and monitor their progress.  He said he is considering litigation because COAH members signed an oath to do a job and their failure to do the job is proving to be extremely costly.  Councilwoman Knudsen agreed, stating that COAH’s inaction and failure will cost municipalities dearly and she reiterated that action is needed on the part of municipalities.  Mr. Surienian hopes COAH members will reconsider and begin to move the process forward.  He pointed out that the Fair Share Housing Center is giving numbers that are outlandish and several Judges are using a Numbers Master in Ocean County who is providing a more reasonable outcome than what is contained in the Kinsey report.  Councilwoman Knudsen noted that the Kinsey report has been debated and maligned. 

Mayor Aronsohn referred to Mr. Surienian’s earlier comment on “obscene densities” which resulted from the Builder’s Remedy and he asked for an example. Mr. Surienian explained that developers come into a town and scare the residents with their proposals of high density housing and the town is forced to spend time and money to fight the developer in order to have density decreased. Mayor Aronsohn thanked Mr. Surienian for his relevant presentation and answers to the questions posed by Village Councilmembers. 

1. PUBLIC HEARING – CHANGE IN USE OF 1057 HILLCREST ROAD (THE GATE HOUSE) AT IRENE HABERNICKEL FAMILY PARK

Roberta Sonenfeld, Village Manager, stated that the Village is in the process of changing the use of the Gate House located at 1057 Hillcrest Road, at the Irene Habernickel Family Park from a residential use to an educational and recreational program use for the public. The purchase of the property was partially funded by the Green Acres program, which means that the Village is subject to Green Acres regulations.  These regulations require a public hearing for any change in the purpose of the property.  She added that there will be no vote by the Village Council this evening. 

Ms. Sonenfeld said that there are two different aspects of this property which include the Ridgewood aspect and the Green Acres aspect. On the Ridgewood side, an ordinance was needed to allow for the bidding of the lease in order to use the house for recreational and educational programs for the public.  The required public hearing for that ordinance was held on September 30, 2015.  Although Green Acres has approved the change in use, which they deem to be appropriate for the house, a public hearing is required.  The New Jersey Department of Environmental Protection (NJDEP) has indicated that this is a public notification process and indicated that the Village could enter into a lease beginning on November 1^st even though this hearing is taking place on November 4^th.  The lease has not been signed primarily because they are still in the process of ensuring reasonable safeguards.  Ms. Sonenfeld stated that Health Barn is the lessee selected by the Village. 

Ms. Sonenfeld introduced Janet Fricke, Assistant to the Village Manager, who would describe a history and original purpose of the property. Stacy Antine, the proprietor of Health Barn U.S.A., will talk about the mission and the program.  Tim Cronin, the Director of Parks and Recreation, will talk about how the program interfaces with his Department.  Christopher Rutishauser, Village Engineer, will discuss the zoning aspects of the property.  Sergeant Jay Chuck will describe the traffic and parking issues.  Public comment will follow.

Janet Fricke stated that the original purpose of the property was for active and passive recreation with recreation and education programs to take place in the house. A decision was made to rent the house while development of the park area took place and this rental status spanned a ten-year period.  The residence was again offered for residential use in the spring of 2015 without success.  Subsequently, the Village learned of a group offering educational opportunities for the public which seemed to be a good fit for the property.  The Village has worked closely with Green Acres to ensure that this is a suitable use for the property and Green Acres has since approved the new use of the existing building on Green Acres-funded property.  Ms. Fricke said that Green Acres has stated that it is hoped that Health Barn will work to provide a service that the Village cannot provide for its residents.  Ms. Fricke noted that there was a notice on the front page of the Ridgewood News regarding tonight’s hearing. 

Councilwoman Knudsen recalled that a resolution was passed regarding this property and not an ordinance. Ms. Sonenfeld clarified stating that an ordinance was actually passed to allow for a bid by an educational firm for use of the house.  The resolution was separate and adopted on September 30^th. 

Stacy Antine introduced herself and said that she is the founder of Health Barn. She developed her company based on her concern that this is the first generation of American children that will not outlive their parents based on poor lifestyle choices including lack of exercise, poor eating habits and being heavily medicated. She came up with an idea which would have children grow their own food and learn the importance of good nutrition.  After realizing that education was the path to take, Ms. Antine gave up her career as a health professional and developed Health Barn.  The Health Barn program is a nationally recognized program by the Pediatric Association and has been featured in the national media.  All programs have been researched at Columbia University and Rutgers University. 

Ms. Antine stated that she initially began her program at Abma’s Farm in Wyckoff in 2005. There is no truth to the rumor that she is involved in a lawsuit with Abma’s Farm.  She maintains a wonderful relationship with the Abma family and has been there for ten years.  She is not renewing her lease because the Abma family is starting a competitive program.  The Health Barn programs are for ages three to fifteen.  Research suggests that age three is the best time to begin teaching children the value of nutrition.  Programs run year round and the garden is environmentally geared with a different schedule followed in the summer.  The programs are limited to ten to fifteen children per class and everything is drop-off, meaning no busing.  There are presently sixteen parking spaces allocated at Abma's Farm and two spaces for buses.  The camp is capped at twenty-five children and runs from 9:00 A.M. to 3:00 P.M. during the day.  Buses are used only for school and scout field trips which are scheduled from 10:00 A.M. to 1:00 P.M. for schools throughout the County.  Ms. Antine described a six-year arrangement with Bergen County Special Services for special needs children who attend the program from October through May for life skills classes on Thursday.  These children arrive at the facility via mini-bus.  The Health Barn has participated in school assemblies in California and Chicago as well as the local area including Orchard School, Ridge School and Willard School. 

Ms. Antine said that the company shares similar values with the Village of Ridgewood in that education is the cornerstone of the community. This program makes it easy for children to bring healthy snacks such as fruits and vegetables to school without being ridiculed.  Children at Health Barn also learn respect for the environment and take part in programs such as composting.  Students from Ridgewood schools and campers from the Ridgewood Day Camp program have attended presentations by the Health Barn.  Ms. Antine said that she is excited about the potential partnership with Ridgewood Parks and Recreation Department that will further develop this visionary program for the community. 

Ms. Antine presented the members of her Kids Advisory Council at the Health Barn and introduced the President of the Council, Carson Schier, and his mother, Lesley Schier, of Glen Rock. Ms. Schier said that she feels strongly about having a healthy life style and learned of Health Barn six years ago.  Her son was a picky eater and this program has transformed him, thanks to the “hands on” approach of growing and preparing vegetables and fruits.  He became very involved with Health Barn through the years and is a natural fit on the Advisory Council.  The kids communicate and share their ideas with Ms. Antine who is genuinely interested in their feedback.  Ms. Schier stated that this is a top notch program which is a wonderful opportunity for Ridgewood.  The kids are productive and have a real sense of pride and ownership of the earth. 

Gabriella Wilday, a Ridgewood resident, stated that Ms. Antine cooks for children with cancer in Ms. Wilday’s kitchen in Hawthorne. Ms. Antine is committed to the community and is a leader who brings people together to do the right thing. Ms. Wilday understands that people are concerned about parking on the Habernickel site but the positives far outweigh the potential challenges of having Health Barn occupy the house.  Ms. Antine may be able to implement the red zone as a way to alleviate parking problems.  Ms. Wilday pointed out that this is not a day camp program or a YMCA type program where kids are being bused in to attend programs but, it is a small business that is having a big impact.  Most children are from Ridgewood, Wyckoff and Franklin Lakes and they are picked up and dropped off.  The classes are not scheduled when children are using the field for sports practice.  Ms. Wilday said that although parking is a potential problem, she is sure this can be worked out.  Given the recent change in use for the building on Habernickel Park, there couldn’t be a better program than Health Barn.  Ms. Wilday commented that the house should be used for education, and not residential purposes, as intended by Green Acres.

Ms. Wilday said that many children are confronting obesity, diabetes and eating disorders and this program is teaching children important life lessons and an awareness of the food that goes into their bodies. Ms. Antine will work with the community to ensure that everyone is happy and satisfied.  Once the program gets underway, the park will be cleaner than ever because Ms. Antine will have the children working to pick up the litter.  This program will make a profound difference in the lives of the children who are involved and she urged support of Health Barn.

Amelia Duggan, 116 West End Avenue, said that she would speak on a personal level regarding Health Barn. She stated that her daughter was bullied about her weight at school even though she was not overweight.  Her weight decreased to 80 lbs. in seventh grade and she brought her daughter to Health Barn where Ms. Antine developed a program for her.  She subsequently enrolled all of her children in the summer camp at Health Barn which turned out to be a wonderful experience. Ms. Antine communicates with children in a way that parents can’t and Ms. Duggan is happy to report that her daughter recovered and began high school a year later, was very successful, and now attends college.  Ms. Duggan became very concerned again when another daughter began to struggle with an eating disorder in her senior year of high school.  She again turned to Ms. Antine who mapped out a program for her and even contacted the college she planned to attend to make sure she would have a long term health plan and the support that she needed.

Ms. Duggan said that the program instills a sense of confidence in children, which is so significant. She commented that she didn’t know where her children would be today without Ms. Antine’s intervention and the Health Barn program.  Ms. Duggan concluded stating that there may be some disturbance and some traffic issues; however, it will be well worth it. 

Tim Cronin, Director of Parks and Recreation, thanked the Village Council for their time this evening. He also thanked Stacy Antine who he described as a wonderful addition to the Department.  She and her staff have developed a great program which could interface with the programs already existing in the Village.  Mr. Cronin said that with the help of Councilwoman Hauck, the Senior Citizens program has expanded, and even they will be able to take advantage of a program like Health Barn.  Instructors from Health Barn could be incorporated into programs run for the Senior Citizens who are very interested in health and wellness. 

Mr. Cronin said that this type of outsourcing opportunity is not new to the Village. There is a system already in place that would monitor the growth of the program and Mr. Cronin referred to the monthly Director’s Report which would include a report from Ms. Antine. Her report would contain information on the revenue generated and the number of participants in the classes.  Any expansion of the class schedule would be put in writing for discussion with the Parks and Recreation Department and the Village Manager to see if it is feasible and a good fit for the Village.  There have been concerns about the park and Mr. Cronin stated that Ms. Antine’s program does not use the entire park or the athletic fields.  The Committee members were supportive of the Health Barn program, after an overlay was prepared and presented, demonstrating that there would not be a conflict.  These guidelines will be written into the lease, which is now under development and not yet signed. 

Mr. Cronin reiterated that this is an ideal use for the park. He added that the concept was initially brought to the Recreation Department by a committee member who is familiar with the program.  Mr. Cronin stated that for the past few years, there have been many discussions with various Village Councilmembers through the years, concerning what the eventual outcome for the house on the Habernickel property would be.  Everyone realized that at some point it would cease to be a residential home because the intention was to use it for recreational and educational purposes. 

Christopher Rutishauser, Village Engineer, said that the horse farm is in the R-125 zone, which is one if the Village’s largest residential zones, comprised of lots larger than those in other residential zones in the Village. The zoning permits under principal uses and structures, single family residential; detached single family residential structures; municipal buildings owned or leased by the Village of Ridgewood for public purposes; community residences or shelters; community shelters for victims of domestic violence; and community residences for persons with head injuries either of which can house up to six persons excluding residents and staff.  Questions have been raised concerning spot zoning; however, this would not qualify because there is no zoning change proposed. 

Sergeant Chuck spoke concerning traffic and how the neighborhood would be affected. He studied the number of accidents in the area and said that in the vicinity of Andover Road there have been no accidents in three years.  The Police Department conducted a traffic volume count from October 21^st (Wednesday) through October 27^th (Tuesday) and found the volume of traffic to be lower than expected, even on Saturday when soccer is in session.  The volume was just short of 6,800 cars and the average speed in the area was 28 miles per hour.  The highest volume for the week was found to be Thursday at 4:00 P.M. with 154 cars.

Sergeant Chuck asked Ms. Antine for an estimate of how many cars her program would bring in, along with bus traffic. She was also asked about high volume times.  Ms. Antine said that her classes consist of fifteen to twenty children who are dropped off and picked up.  This would result in traffic that is extremely low and quite manageable in this neighborhood. 

Sergeant Chuck said that he looked at the road itself, including whether or not it could handle buses. While the road is wide enough to accommodate parking on either side, there is a Village ordinance that prohibits parking on both sides of the road in the vicinity of a neighborhood park.  He found this to be odd because there is parking on both sides of Hillcrest Road.  He observed that during games, about half of the spectators park on the street and walk to the fields, with the other half parking in the lot on the Habernickel property.  Sergeant Chuck concluded that removing parking from the street will have no effect since the situation is already quite safe and parking should not be removed from the area of the park because people will only park in another part of the neighborhood.  There are sidewalks on the park side of Hillcrest Road.  On the other side of Hillcrest Road, residents have created obstructions which prevent walkers from using the right-of-way.  Based on these findings, Sergeant Chuck recommended that parking be allowed on the park side of Hillcrest Road and not on the other side. 

Regarding the buses, Sergeant Chuck stated that the special needs buses from the County are smaller vehicles that will easily fit in the parking lot. The larger buses would not be on-site when the park is normally occupied.  Sergeant Chuck indicated that there does not seem to be any reason to conclude that the addition of Health Barn will create safety issues.

Mayor Aronsohn asked that the meeting be open for public comment at this time.

Brooke Sigler, 1025 Hillcrest Road, said she lives next door to the park and until recently she had no idea that the Health Barn was moving in. Although this sounds like a fabulous venture, she did not think it was suitable for a residential area and would be more appropriate for the business district.  Ms. Sigler said that her driveway is often blocked when games are going on.  When she complained to the police, they advised her to confront and embarrass the people who block her driveway while games are going on, but she will not do this. She had reservations when the horse farm first became a park but the town held to their promises to restrict concession stands and lighting; however, there is parking on both sides of the street which makes it difficult for her to safely access her driveway. 

Ms. Sigler heard that there would be no overlap use of the field and she wondered if Health Barn planned on using the field for classes or parties when the fields are not in use for sports purposes. While she understands that people will be dropping off and picking up children, there will be additional traffic at the site.  She thinks that people will find alternate routes, using various neighborhood streets to avoid traffic in this area. She has witnessed many near misses with children being narrowly missed being hit by cars.  She suggested that parking be removed from the field side of the street because children cannot be seen walking in between cars when they are exiting the field area. 

Ms. Sigler has concerns about the appearance of the area if Health Barn moves into the Gate House. She wondered if there would be signage facing her home or if the look of the house would be altered.  She wondered where people would people park if adult classes are scheduled.  Ms. Sigler said she had no problem with the house being kept as residential; however, she is very concerned with the potential of a business renting the building.  She asked how the Village would remove the business if they were to exceed what was agreed to by the Village and Health Barn. 

Mr. Sonenfeld stated that the type and size of any signage would be part of the lease. There will probably be a “Village of Ridgewood, Gate House” sign.  Mr. Cronin said there are no plans to change the look of the residence and the Village has actually made some repairs to the interior and exterior that have been long overdue.  Any alterations to the property or something deemed to be negative would fall under the guidelines of the lease and the lease would be removed.  Ms. Sigler asked if there were plans for lighting of the property and the parking lot and Mr. Cronin said there are no such plans. 

When asked about her main traffic or parking concern by Sergeant Chuck, Ms. Sigler replied that she has issues with traffic, parking, and her ability to safely access her driveway. He said that his evidence indicates that the environment is safe and they are recommending parking be restricted to one side of the street only.  Councilwoman Knudsen asked Ms. Sigler if her observations indicate that parking takes place on the street because the lot is full.  Ms. Sigler stated that the lot is only utilized by people visiting the park or baseball players and it is almost empty most of the time.  The lot seems to be an adequate size but it is easier for people to park on the street when coming to the fields.  Mr. Cronin said that his information would substantiate what Ms. Sigler has noted and during bad weather people will sit in their cars to watch soccer games from Hillcrest Road. 

Ms. Sonenfeld said that the purpose of restricting parking to one side of the street is to encourage cars to park in the parking lot. She suggested that the distance for allowable parking should be moved up to provide more room for Ms. Sigler to access her driveway.  Ms. Sonenfeld said that they will look into all the points mentioned by Ms. Sigler but she would have to defer to the experts concerning the side of the street where parking should be permitted. 

Margaret Fahey, 937 Andover Terrace, said that during the past fourteen months, five trees have fallen in Habernickel Park with two falling directly on benches. She stated that she was a nurse for twenty-nine years and is now retired. She directed everyone to the HIPAA law, which is a federal law regarding privacy relative to personal health.  She cautioned Ms. Antine about referring to health issues of individuals.  Ms. Fahey said that the park is not a safe environment for children, due to the large pond at the rear of the house where classes will take place.  The pond is full of debris and the fence at the playground has been broken for the past several months. 

Ms. Antine commented on the reference to HIPAA made by Ms. Fahey. She said that one of the reasons the partnership between herself and the Abma’s was so strong is that she was almost part of the family.  Ms. Abma spoke openly about her family’s health issues and Ms. Antine said that she is not violating anyone’s privacy since this is common knowledge.

Margaret Fahey, 937 Andover Terrace, (daughter) stated that this park is not the place for a private company. She disagreed with Sergeant Chuck and said that there is a tremendous amount of traffic on Hillcrest Road.  She described driving on Hillcrest Road as comparable to driving on a racetrack and she added that driving on Andover Terrace is worse.  The parking lot is not a drop-off area exclusively because those using the park stay there.  In the winter, the parking lot is filled to capacity with snow.  Ms. Fahey said that Ms. Antine says that children participate in activities relative to vegetable gardening; however, there is no room around the house for a vegetable garden unless it is located in one of the fields.  She agreed with her mother that there is a major safety problem involving the pond.  Although she likes the idea, the park is too busy to accommodate this use and people who use the park will ultimately lose the use of this land.  This is a permanent installation and not the same as the golf that is played in the park two times per week for a limited season or other similar programs.  Ms. Fahey asked if there will be events such as birthday parties going on all day, every day. 

Bruce Brady, 715 Hillcrest Road, said he has lived on the street for twenty-nine years and is very familiar with area traffic. Even though there have been no accidents in the vicinity of the park, they may be setting up a situation where an accident can easily occur.  When cars are parked on each side of Hillcrest Road, it becomes narrow and maneuvering is difficult, particularly when leaves are piled up in the fall.  Mr. Brady observed that it seems as if the decision to allow the Health Barn has already been made and he wondered if anything said this evening would affect the Village Council’s decision. 

Mayor Aronsohn said that the lease is still being worked on and the Village Council will continue to look at the parking situation. They have already adopted a resolution to change the use of the building.  Mr. Brady said he is troubled by the change of use from residential to business.  He listened to the zoning requirements for the area and he didn’t hear anything about a for-profit business.  This cannot be considered a public facility or a public program when people are paying to use it.  It sounds like a wonderful program for the Village, but it is a business. Mr. Brady said that he doesn’t have a problem with outsourcing different functions in the Village on a limited short term basis; however, this is a long term commitment.  He reiterated that it appears that the commitment to lease the property to Health Barn has already transpired.  

Councilwoman Knudsen said that she spoke to Nancy Lawrence, the Compliance Officer at Green Acres. Ms. Lawrence explained that the legal change for Green Acres cannot happen until ninety days after this public hearing.  Councilwoman Knudsen asked if this was accurate.  Ms. Fricke stated that Ms. Lawrence has been aware of Village intentions from the outset.  Ms. Fricke was never told that the Village could not move forward with the ordinance and she stated that a lease could have been in effect on November 1^st even though the hearing was tonight.

Mayor Aronsohn stated that a public hearing on an ordinance to change the use at the Gate House at Habernickel Family Park from residential to educational/recreational programming was held on September 30, 2015 after which the ordinance was adopted. At the same meeting, a resolution was adopted specifically regarding leasing the house to Health Barn which means the Village Council has agreed to move forward; however, a lease has not yet been signed.  He added that the public hearing this evening is part of the Green Acres program requirements.

Mr. Brady said that tonight’s hearing satisfies the requirements of Green Acres and will have no effect on any decision making. Mayor Aronsohn replied that the overall decision has been made, but safety concerns, signage and other things could be impacted as a result of tonight’s discussions.  Mr. Brady commented that the Village could allow a Golds Gym which is recreational, or a Berkeley School which is educational, if they use this rationale. 

Mr. Cronin said that this park was purchased using funds from Green Acres and must meet their requirements, meaning that the Gate House must be used for recreational or educational purposes. Ms. Sonenfeld reiterated that the use must be approved by Green Acres.

Councilwoman Knudsen said that after consulting with Ms. Lawrence, it is her understanding that Green Acres does not recognize any change of use until that change is adopted by the Village Council which would occur ninety days after tonight. She asked Ms. Fricke to check with Ms. Lawrence tomorrow to make sure that this understanding is correct. 

Richard Cornwell, 1080 Hillcrest Road, said that he is not concerned about the Heath Barn, which seems wonderful. He does want to know how the Village Council will manage to keep the streets safe and keep the park open and flexible. He wondered if the Health Barn fails, would the Village offer similar limited programs through the Recreation Department.  Mr. Cornwell doesn’t think Habernickel Park is the place for this type of business due to excessive traffic in an area that is already highly travelled.  He noted that the ordinance for the change of use was introduced on September 16, 2015 with sealed bids being required on September 14, 2015. 

Mr. Cornwell has corresponded via email with Ms. Lawrence and he read from an email which stated that “private clients cannot be served in this location”. Ms. Fricke responded that this is true and not allowed in this plan.  Ms. Antine said that the Parks and Recreation Department would be similar to a Board of Directors whom she reports to.  The “private clients” that Mr. Cornwell spoke of refers to nutrition counseling which would not be allowed.  Mr. Cornwell said that this means there can be no interaction between someone purchasing a service and the Health Barn.  This will be a function of Ridgewood’s Recreation and Parks Department and all funding will come from Ridgewood. 

Mr. Cornwell continued to quote from an email from Ms. Lawrence who wrote that “Green Acres does not want the size of the business to negatively impact the park due to the business they are conducting on site. Green Acres looks at Health Barn U.S.A. as a concession providing to the residents, a service they cannot do on their own.  It will not be allowed to become the headquarters of Health Barn U.S.A.”  A further quote indicated that Ms. Lawrence was not sure that a lease was warranted or that a concession agreement would suffice, being that Health Barn is providing a service for the Village.  Mr. Cornwell said that he wanted everyone to know that this is a big business which will only get bigger.

Edward Rubin, 1021 Hillcrest Road, asked if registration for Health Barn’s programs would be done by the Village or by Health Barn itself. Mr. Cronin said that Health Barn would take care of its own registration and would not use the Ridgewood system.  Mr. Rubin indicated that this was not his understanding and this is why Green Acres thought this should be done under a service agreement, rather than a lease.  This is an area of confusion between private businesses versus public.  Mr. Rogers said that Health Barn will not be able to operate without Green Acres approval.  Mr. Rubin stated that it was his understanding that Health Barn would operate as a private entity.  Councilman Pucciarelli asked if this should be an operating agreement whereby a service is being provided to the Village by Health Barn and then Health Barn is paid a fee based perhaps on enrollment.  Children are enrolled by the Village of Ridgewood with services provided by outside vendors.  Councilman Pucciarelli stated that the lease agreement implies that Health Barn has exclusive possession of the building for use by the customers of Health Barn as opposed to the Village offering the program with assistance from Health Barn.

Mr. Rubin stated that he lives three houses down from the Habernickel Family Park and cars continue to park far past his driveway causing him problems when exiting his driveway. Therefore, this would not be the best area for additional traffic and parking.  The sidewalk ends at the end of the park and there are people walking in the street all the time, most of whom are children.  The fact that the street is narrow, with cars parked on both sides, is the relevant factor and not the speed.  It is an accident waiting to happen. 

Margene Rubin, 1021 Hillcrest Road, stated that she walks in the park several times a day with her dog and there are areas of the park that haven’t been fixed for months. She referred to a large tree that had fallen and was eventually cleaned up by a park goer who was concerned about the safety of a child.  The tree was actually there for three weeks and no attempt was made by the Village to clean it up.  Ms. Rubin noted that there is a huge drop-off where the tree was, because the fence has never been fixed.  She has called the Parks Department three times about the tree and multiple times about parking.  It is hazardous to allow parking on both sides of the street, especially when a camp is going on during the summer.  There are fire hazards in the house because it is so old.  She asked about the fire code and how it relates to occupancy load inside the house.  Ms. Rubin stated that there is a lot of potential for accidents in and around the house, as well as in the park, and this is not the place for a farm due to the abundance of goose droppings. 

Ms. Rubin asked if Health Barn would begin occupying the house on December 1, 2015, which is noted on their website, since the 90-day waiting period will not have expired by that time. She had been under the impression that information from this hearing would be given to Ms. Lawrence to review who would decide if this was the appropriate use for this building.  Mr. Cronin said that they must conform to the ninety-day Green Acres deadline which begins on the date of this meeting.  Ms. Fricke said she will clarify this tomorrow but it was her understanding that the building could be occupied; however, no programs could take place until the ninety days have transpired.  Ms. Sonenfeld interjected that Green Acres has approved the use and added that this hearing is not about the use but is being held to obtain resident input

Councilwoman Hauck explained that this is the normal vetting process and the Village Council can never anticipate what they will learn through public comment and interactions. This is the reason for the ninety-day waiting period.  She has made a list of concerns and she wants residents to know that she does care.  Councilwoman Hauck commented that the process is messy and communication is sometimes flawed but it is a good exchange of ideas.  She realizes that as a result of tonight’s hearing, the Village needs to look into many different things that have been brought to light this evening. 

Ms. Rubin said that she only recently became aware of the plans for the Gate House from a sign at the park and then she saw an advertisement in the paper about tonight’s hearing. She has researched the situation and feels that they have been misinformed.  She spoke to Ms. Fricke and thought that her information differed from what was posted on the website.  Ms. Rubin has found this process frustrating. 

Mr. Cronin stated that they have submitted everything on Ms. Antine‘s operation to Green Acres for their review. The Village will do whatever Green Acres directs them to do, because it impacts the Village’s future dealings with Green Acres.

George Mackey, 391 Hamilton Road, asked if Health Barn is a school and, if so, do they have certified teachers and a nurse. He questioned the safety of this operation as well as oversight.  He wondered if the draft of the lease was available for review. Mr. Rogers said that the lease is still a work in progress and Councilman Pucciarelli indicated that he was told the lease doesn’t exist which is probably a positive thing.  Mr. Mackey pointed out that there was a fatal accident on Parsons Road five years ago. 

An unidentified resident of Hillcrest Road reiterated the fact that it seems like decisions have already been made concerning the Gate House. He respects the observations and opinions of many long-time residents relative to traffic and safety.  He also respects the opinions of those supporting Health Barn, but none of those who spoke in support have experienced turmoil in their neighborhoods.  He is troubled by the fact that many questions have been raised that cannot be answered by Village personnel until they speak to Green Acres employees.  Councilman Pucciarelli conceded that he knows very little about Green Acres regulations but he knows a lot more now, than when the meeting began, thanks to questions and comments from residents. 

The unidentified resident said that he walks in the area of Hillcrest Road every day and can’t reconcile the findings of the traffic study. The road would be blocked entirely if an emergency vehicle was on-site.  Sergeant Chuck said that the roadway is 30 feet wide which is considered to be a wide roadway.  The optimal goal is for a 12 feet width of travel in both directions which exists on Hillcrest Road.  After that, they look at parking which requires eight feet; this leaves plenty of width to allow two lanes of travel in addition to parking on one side.  They also look at the sidewalks and access points, also known as right-of-ways, on both sides of the street.  A sidewalk exists on the park side of the street and there is an expectation that a pedestrian will continue to walk on the grassy right-of-way area when the sidewalk ends because it is safer than walking in the street.  There is a lot of landscaping improvement in the area that prohibits walking, which is why they do not recommend parking on that side of the street.

Ms. Sonenfeld explained that a traffic study is done remotely through the use of a device placed on a pole or in a tree. The device is continuous and counts cars, including vehicle types, and gives information as to the average speeds for specific hours and the number of cars per hour.  The study usually runs for five days and can be repeated as necessary.  Sergeant Chuck said they could do the study again.  He reiterated that the highest traffic volume during the traffic study was during soccer practice.  Mayor Aronsohn said that they are sensitive to the concerns of residents and will continue to look at the traffic in the area. 

Meredith Bennett, 997 Hillcrest Road, lives five houses from the Habernickel Family Park. Ms. Bennett wanted to go on record as being opposed to this use of the Gate House because it will have an adverse effect on the quality of the life for her family as well as her neighbors.  The Health Barn program sounds wonderful for the children attending, but what about the children living in the area.  She has lived here for fifteen years and when the property was turned into a park, it affected her life adversely due to increased traffic.  Ms. Bennett listed her biggest concerns as increased traffic; liability, and the lack of notification to neighborhood residents.

Ms. Bennett disagreed with the traffic study conducted by Sergeant Chuck. She said that the area is not safe and children have barely avoided being hit by a car on more than one occasion.  She asked why this change of use at the park is now drawing attention to traffic problems in the area.  The change will have a huge impact on the neighborhood, with the constant dropping-off and picking up of children.  Councilwoman Knudsen said that they need more specific information on the number of children participating in these programs.  Ms. Bennett said that she agrees that parking should be restricted to one side of the street.  Regarding the parking lot, she suggested that left turns be prohibited onto Hillcrest Road, or perhaps there could be one direction entering on one side of the park, and another direction exiting on the other side of the park. 

Ms. Bennett asked if the Village would be liable if a child fell into the pond in the rear of the house. Mr. Rogers said that it is his understanding that the business would have general liability insurance.  The Village could be brought into a lawsuit that was filed but, through indemnification, liability would probably be avoided.  Ms. Bennett said that the Councilmembers must be aware of the Village’s liability and Mayor Aronsohn responded that they don’t know because there is no agreement at this time with the business.  Ms. Antine said that she has met all of the requirements specified in the bid, including those for insurance coverage.

Ms. Bennett questioned why the Village would not be required to send certified notices to neighbors within a certain range for something as impactful as a change in use. She was required to notify neighboring residents in order to install a fence.  Ms. Bennett said that she was disappointed that the Village officials do not have answers to many of the questions raised this evening and that Councilmembers hadn’t done more research before voting to make these changes.

An inaudible resident complained about the lack of sidewalks in this area of the Village and the poor condition of the Habernickel Family Park. He agreed with an earlier speaker who said it would be impossible to grow vegetables around the outside of the house.  He also said that he was not notified of this hearing but did see the sign at the park, even though it was difficult to read. 

Mr. Cronin stated that they have identified a potential area for the vegetable garden parallel to what had been the stable. The inaudible resident questioned water usage and Mr. Cronin said that the Parks and Recreation Department has to pay its water bill just like any other entity in the Village.  There is a separate meter for water at the stable which would be included in the lease. Mr. Rogers explained that this operation will run in conjunction with the Village. Areas of the park that are to be used by Health Barn will be identified and defined.  There will be a document available for review by the public.

Robert Laforty, 997 Hillcrest Road, said that he was confused because Ms. Antine initially said that children would not be bused in for any programs, but later said there would be busing. He is certain there will be buses as large as forty feet long, day in and day out, and he would like to check about the buses with Abma’s Farm.  He wondered if anyone involved in the traffic study aspect spoke to Abma’s Farm.  Sergeant Chuck said he only spoke to Ms. Antine.  Ms. Antine said that her lease with Abma’s Farm permits sixteen parking spaces and two parking spaces for buses.  The buses come between 10 A.M. and 1 P.M. and transport children on field trips.  These children do not participate in the Health Barn programs on their own.  Upon further questioning, Ms. Antine said that the buses are either regular school buses or mini-buses.  Mr. Laforty asked for information on the size of the vegetable gardens and the compost piles. 

Mr. Laforty said that he learned from the Health Barn website that it is a multi-million-dollar business and he was curious as to how much the Village was charging for the monthly lease. He understands that this is already a “done deal” and even though Health Barn cannot begin classes for ninety days, they can occupy the building.  He asked who would be paying for improvements made to the home to accommodate Health Barn.  He questioned whether the Village was prepared for any losses that could result from this business.  He urged residents to come together and fight this action by the Village.  Mr. Rogers said that the Village is aware that any action they take is always subject to review.  In conclusion, Mr. Laforty also noted that the pond area is very dangerous and needs to be effectively fenced. 

Corinne Clifford, 318 Richards Road, said she could see the Habernickel Family Park from her front door. She has young children and she agrees with the safety concerns which have already been articulated.   There are many other problems in this area that have only been mentioned and she stressed the importance of the hazards posed by the pond; the condition of the trees in the park; and the absence of a fence.  She pointed out that there has been no mention of fire code issues and she finds it difficult to believe that the Village is entering into discussions about a lease with so little information. 

Ms. Clifford said that this business will change the character of the neighborhood. She and her husband moved from Chicago a year ago and were focused on finding a quiet, residential area with a thriving downtown and walkable areas.  They chose to live in an area of Ridgewood with little or no commercial activity.  As a for profit business, Health Barn has a commercial value which is out of place in this enclave of the Village.  Ms. Clifford referred to Mr. Cronin’s comment about speaking to Ms. Antine relative to the potential expansion of the Health Barn.  She asked how neighbors could be involved if the terms of the original lease were to change.  Mr. Cronin said that the lease will state that any changes or alterations to the schedule would have to be reviewed by the Parks and Recreation Department, including the staff, and the Parks and Recreation Advisory Board.  The lease would then have to be reviewed, discussed, and executed by the Village Council.  Mr. Rogers agreed, adding that the lease would have to be rewritten and neighbors would be allowed to send letters of concern and attend a public meeting.  Ms. Clifford asked how neighbors would know that the lease is under consideration for amendment.  Mr. Rogers replied that as a result of the concern demonstrated by the community tonight, there would be steps taken to contact the neighborhood about a potential change to the lease. 

Ms. Sonenfeld said they are developing strong language in the lease to control the growth of the Health Barn. Ms. Clifford said that verbal assurance is worthless and she is interested in having safeguards in place to protect their rights.  Ms. Clifford concluded by stating that she is very concerned about all of the unanswered questions that have been raised this evening. 

Marc Dreier, 295 Richards Road, thanked the Village Council for the opportunity to speak. Mr. Dreier stated that this venture has been portrayed as a partnership with the Village; however, it is a commercial enterprise and does not belong in a residential neighborhood.  He spoke about real estate values and Ms. Fricke responded stating that the Village consulted a real estate professional who ran the comparables and settled on a rental amount of $3,700 to be a reasonable rental income for the dwelling.  The rental was advertised, but no one was interested in living in a park.  The real estate professional was asked about the value of the building for commercial use and he said that the same amount should be charged. 

Teresa Wilkins, 294 Richards Road, said that her main reason for opposition to the Health Barn at the park is traffic.

Janine Vellis said that she strongly opposes this change of use to Habernickel Family Park which does not fit the neighborhood. She is concerned about increased traffic and safety for the residents of Hillcrest Road and for the area as a whole.  She doesn’t agree with the findings of the traffic study and she thinks the landscaping and construction trucks on Hillcrest Road probably slow traffic on the street.  Neighborhood children ride their bikes, people walk their dogs and there will now be more traffic continuously on the street.  This problem will worsen in winter, with snowbanks on each side of the street.  Ms. Vellis requested more traffic studies.  She asked how to obtain a copy of the lease and Ms. Sonenfeld replied that Ms. Vellis could put her request in writing or complete an OPRA request.  The Village hopes to have a final draft version of the lease by the end of the week or early next week. 

Ms. Vellis asked how Health Barn could officially state on their website that they were moving to 1057 Hillcrest Road and taking reservations for classes. Mr. Cronin reiterated that they cannot begin to conduct classes until ninety days from this date.  Ms. Vellis agreed that more homework should have been done and the Village Council should be aware of the best interests of the neighborhood. 

Ms. Fricke pointed out that Health Barn will not be using the entire ten acres. They will only be using the house and garden area described by Mr. Cronin, as well as the passive area.  Ms. Vellis pointed out that this business will be using quiet areas of the park so she should be able to walk her dog through any outside programs conducted by Heath Barn.  It was noted that no dogs are allowed in any Village Parks   Ms. Vellis said that everyone walks their dogs in this park and if the Village can’t monitor illegal dog-walking, how could they effectively monitor traffic for the Health Barn. 

Jacqueline Hone, 30 Carriage Lane, said that she is from the Schedler Park area of Ridgewood and her neighborhood has experienced a similar situation. The plan for her area of town appears to be a done deal as well.  She asked how this business will impact the taxpayers of Ridgewood and she wondered if there had been a financial impact study.  She questioned the revenue the Village will take in as a result of this partnership.  Ms. Hone asked who would be responsible for landscaping, including leaf and snow removal.

Ms. Hone stated that the bidding process seemed to be a response to an advertisement describing a home for rent in the amount of $3,700. On September 14^th, it was confirmed in the newspaper that Health Barn would occupy the house for the next five years for the sum of $3,700 per month with the possibility for an additional five-year extension.  Ms. Hone commented that this would lead her to believe that this is a done deal.  She asked Ms. Sonenfeld to elaborate on the ninety-day waiting period.  She noted that the Green Acres website states that residents have until November 18^th to register comments.  Ms. Vellis asked if the bid was still open for commercial businesses who may still want to bid because, as a business owner, she may be interested.  She noted that there did not seem to be a public notification on-line relative to a bid for the commercial use of this property, only a notice for the rental of the home for residential use. 

Ms. Fricke stated that two bids were advertised for residential property in the summer, followed by a bid notification for commercial use. She could not recall the deadline date.  Ms. Sonenfeld explained that bids are received and on the deadline date, several people gather and publically open the bids and mark them down.  In this case, there was only one bid.  Ms. Fricke said that William Gilsensen, a local realtor who is not here tonight, has the information relative to the number of people who looked at the house.  There was a lock box on the house and there was a sign displayed noting that the house was available for lease.

Ms. Sonenfeld stated that there have been several meetings concerning the lease, which is still under review. The internal deadline for the lease with Village staff is late this week or early next week.  The lease will then be under review, which will involve Mr. Rogers.  The Village wants to ensure that the lease contains language relative to how the business will be monitored.  When asked about the impact of public comments, Ms. Sonenfeld stated that these comments will be incorporated into the lease from the point of view of the expansion of the business and anything else that comes out of this meeting as per her notes.    

Councilwoman Knudsen said that she had provided a time-line of events to several neighbors who had contacted her. The bid packet was included in this time-line and Councilwoman Knudsen said she would send a link to Ms. Hone and she will see that it was posted and advertised properly. 

In response to an inaudible comment relative to the ninety-day period, Ms. Sonenfeld explained that the Village has been operating with a different interpretation from Green Acres. Nevertheless, the Village will follow the Green Acres requirements.  Councilwoman Hauck indicated that she spoke with Nancy Lawrence at Green Acres and her understanding is that November 4^th is the public hearing.  The two-week comment period is open until November 18^th.  Ms. Lawrence recommended that at that time, in order to have the comments recorded, those comments had to go to Janet Fricke and herself.  Councilwoman Knudson instructed neighbors of this requirement.  The formal action for the change of use could not be taken by this Village Council until ninety days after this public hearing.  Councilwoman Knudsen confirmed her conversation with Nancy Lawrence by e-mail and Ms. Lawrence indicated that Councilwoman Knudsen’s understanding was correct.  After this confirmation, Councilwoman Knudsen shared this information with the neighbors. 

Ms. Fricke said that there are two entities with responsibility involved in this issue, including the Village of Ridgewood and Green Acres. Councilwoman Knudsen said that the Village must follow whatever Nancy Lawrence says and the Village will get those details distributed to all interested parties tomorrow.  Ms. Sonenfeld noted that Janet Fricke is the contact person and she will have information on the Village website.  Ms. Sonenfeld added that the information on the lease will be on the Village website as soon as it is signed. 

Barbara Russo, 822 Parsons Road, lives four houses up from the corner of Hillcrest Road. She referred to Village Ordinance 3500, which is the ordinance to lease the Gate House.  It appears that the deadline for bids to lease the Gate House was due only two days before the ordinance was introduced and Ms. Russo asked if this was the usual practice.  Mr. Rogers commented that the bid was put out and then reviewed, and the ordinance was introduced thereafter which is acceptable practice.  Ms. Fricke added that things are done in certain ways in order to tie in with scheduled Village Council Meetings.  Ms. Russo commented that this seems illogical. 

Ms. Russo said she has been to Abma’s Farm where she observed a large banner with “Health Barn” on it. She asked if the same banner will be displayed at the Gate House.  Ms. Sonenfeld reiterated that there will be language in the lease noting the size of the sign that will be located beside the door.  Ms. Russo questioned whether Health Barn had to comply with zoning requirements regarding signage and lighting that would govern a regular commercial enterprise.  Mr. Rogers explained that it would differ slightly because the building is owned by the Village, which is not subject to its own ordinances.  Any improvements desired by the business or applicant have to be approved by the Village and there is language in the lease that will deal with improvements.  

Ms. Russo asked if Nancy Lawrence was aware that Health Barn classes will not be offered through the Village of Ridgewood. Ms. Sonenfeld stated that sign-up for these programs will be done via the Health Barn website and not through the Parks and Recreation Department.  Ms. Fricke said that Ms. Lawrence was informed that Ms. Antine will provide monthly reports to the Parks and Recreation Department, who will review all of the programs.  Ms. Antine handles the registration.  Ms. Russo said it is her understanding that Green Acres would approve of the lease of the building only if the classes were offered through the Village and not through a private enterprise.  Mr. Rogers reiterated the fact that the Village will follow the direction of Green Acres. 

Ms. Russo said that she had the opportunity of speaking with Irene Habernickel before she died. Ms. Habernickel indicated that she wanted the house to be used for the benefit of senior citizens. Ms. Russo asked if any consideration had ever been given to addressing the needs of those who are not young children or people who are not involved in sports.  Ms. Fricke said she had looked into relocating certain aspects of the services provided by the Community Center to the Gate House but a formal study was never done.  There would be an enormous amount of capital funding needed to make the house feasible for conventional type settings.  If the building were demolished, it could not be replaced in the same location, due to the fact that the building is grandfathered pertaining to its location next to the pond.  Ms. Fricke said she hopes to have a wonderful Seniors Center in the future but it is not possible in this location.

Ms. Russo said that she has lived in different towns where properties have been purchased by the municipalities and left in a natural state. She encouraged Ridgewood to buy a park and leave it natural instead of turning it into ball fields and playgrounds. 

Anne Loving, 342 South Irving Street, said that she doesn’t live in this neighborhood but found it interesting that Councilwoman Knudsen was so helpful at connecting the neighbors with someone at Green Acres and the DEP. She thought it was unfortunate that one of the Councilmembers reprimanded a member of the public and called her out by name.  After this member of the public spoke, the Councilmember appeared to berate her, which was uncalled for and is embarrassing.  Ms. Loving said that she hopes the Council will reconsider this project in light of the fact that the Council has indicated numerous times tonight that they will do what Green Acres directs them to do. 

Boyd Loving, 342 South Irving Street, said he grew up in Bergen County, has always lived here and has thought that Bergen County was very wealthy and generally a good place to live. He was extremely offended by an earlier comment that there would be no “inner-city youth” bused to this facility.  The YMCA and the YWCA were referred to in a negative light, and Mr. Loving finds these comments totally out of place during a public hearing.

Mr. Loving said that he has concerns as a taxpayer regarding the site improvements. He asked if an ADA ramp was being added to the facility and if so, who is paying for the ramp.  Mr. Cronin indicated that all site improvements would be made by Health Barn.  Mr. Loving asked if the front door would now have to become ADA compliant, along with all of the bathrooms, and again questioned who would pay for these alterations.  If the facility is being altered in order to make money, he hopes the Village isn’t paying for these changes and if taxpayers are funding the improvements, the lease needs to be renegotiated. 

Mr. Loving was concerned about the liability if evening activities are to be held at the Health Barn, due to Mr. Cronin’s comments that the Village is not planning to install lights in the parking area. This is only one of many different things that need to be looked at, in light of occupancy of the Gate House by a commercial facility.  Research needs to be done relative to the need for a fire alarm system and a sprinkler system; ADA compliance; adequate entrance and exits; along with a number of other things. 

Ms. Fricke stated that the Village Council approved an application for a ramp at Habernickel Park a few weeks ago. Mr. Cronin is working on the design of the ramp to be installed in the patio area.  She pointed out that the cost will be covered, in total, by a grant from Community Development.  Ms. Fricke stated that the investment in the repairs to the kitchen and any ADA improvements to the bathrooms will be made by Health Barn.  Ms. Sonenfeld noted that the details of the improvements will be handled in the lease.

Rurik Halaby, 374 Evergreen Place, said he couldn’t understand why people are making such an issue over this proposal, which will not result in huge traffic problems. He said that he is an agriculturist and he understands the health problems facing this country as a result of an overconsumption of the wrong kinds of foods.  Children in these programs are encouraged to grow and prepare their own food.  He again stated that he couldn’t understand the big deal and scare tactics prompted by a few selfish people.  None of this is earth shattering and residents will adjust and probably not even notice any difference.  Mr. Halaby commented that he based his views on the large amount of research done by Councilwoman Knudsen, and that Ms. Sonenfeld should hire her as a member of her staff.  It is terrible that Councilmembers should have to spend their own time doing the research that should be done by Village staff.  Mr. Halaby repeated that this is a good cause and not an “end of the world” event and he encouraged the Village Council to do what they can to get this business going.  

Paul D’Arpa, 574 Racetrack Road, asked if the building would require a sprinkler system. He questioned the State’s position of granting a lease prior to the requirement of the ninety-day waiting period relative to the change of use.  Mr. Rogers said that the fact that nothing can begin until after the ninety-day waiting period will be clarified tomorrow.  Mayor Aronsohn indicated that Janet Fricke works closely through each step with the Green Acres’ staff and everything will be done in compliance and coordinated with Green Acres rules and regulations.  Ms. Sonenfeld reiterated that the purpose, as well as everything else, was approved by Green Acres.

Fire Chief James Van Goor explained that this business will be treated as any other new business coming into the Village. The business will be responsible to obtain the necessary permits and any remodeling or changes they make to the building will be inspected and everything will be required to be up to code.  If sprinklers are required, they will have to be installed and paid for by the business owner. 

Mayor Aronsohn read from letters he had recently received. The correspondence from Dr. Lawrence Rosen, a Ridgewood resident with the Whole Child Center, said he has referred hundreds of children to the Health Barn over the years and has worked with Ms. Antine on national initiatives related to the impact of nutrition on children’s health.  He is a long-time resident of the Habernickel Family Park area and supports the leasing of the Gate House to Health Barn. 

Mayor Aronsohn read sections of correspondence from Ridgewood resident Todd Rothman, owner and director of Deerkill Day Camp, stating that he has witnessed the power of Heath Barn during programs they have participated in at the camp. He read parts of a letter from Hope Falon, who found out about Health Barn two years ago when her son began losing weight.  Health Barn is an amazing resource for Ridgewood families.  Another letter from Nancy Rica, a long time Ridgewood resident, said she has spoken to parents of children attending the Health Barn program at Abma’s Farm.  Parents extolled the fabulous experiences they have encountered at Health Barn, which improves eating habits for the entire family.

Mayor Aronsohn read a letter from Darrien Lily, another Ridgewood resident, who praised Stacy Antine’s program; and another letter from Ridgewood resident Martin Walker supporting Health Barn. Mayor Aronsohn said that all of these letters written by Ridgewood residents will be part of the record.  

Councilwoman Knudsen asked Ms. Antine if she will conduct birthday parties at her facility. Ms. Antine indicated that she does host parties. Councilwoman Knudsen then asked the normal times and days that birthday parties are held.  Ms. Antine said that parties are normally held on a Friday or Saturday for twenty to twenty-five children.  This is in addition to the regularly scheduled classes.  Ms. Antine said would like to do the parties on Sundays, as well.  Ms. Sonenfeld said that this would be part of the lease discussion.

Ms. Antine stated that this is a nutrition education program, and not a school; therefore, it does not have to be registered as a school. She has been working with Gail Bruner, the Health Inspector in Wyckoff, who is the same Health Inspector in Ridgewood, to meet all of the codes.  Additionally, she is working with the Ridgewood Fire Department to ensure that those codes are met.

Councilwoman Knudsen questioned the size requirements of the garden area and Ms. Antine said the garden is 50 feet wide and 100 feet long. Ms. Fricke interjected that the improvements to the kitchen will not render it a commercial kitchen.  Health Department standards do not require it to be a commercial kitchen.  The only requirement is that the kitchen has a three compartment sink per the Health Department.  Ms. Antine said that it was recommended that the kitchen be upgraded to a modern residential operation which is what they have at Abma’s Farm. 

Councilman Pucciarelli said he wasn’t pleased with the idea of the Gate House being used as a private residence. The home should be occupied by an entity of the Village of Ridgewood.  Councilman Pucciarelli stated that this is a good program and he recommended that the program be operated as a cooperative program between the Village of Ridgewood and Health Barn.  To go a step further, anything the Village does with Health Barn has to be dependent on the personal involvement of Stacy Antine, who was described as having integrity, commitment, passion, leadership, vision and education.  He noted that Health Barn is a business but Ms. Antine could be gone tomorrow and replaced with someone lacking in those attributes.  Councilman Pucciarelli recommended basing this agreement on Ms. Antine’s personal involvement and if she is not part of it, the Village would have the right to reconsider.  He repeated the idea of restructuring a cooperative agreement with the program to be run jointly by the Village of Ridgewood and Health Barn.  This means that if the citizens have an issue, they can complain to the Village because it is a Village run program. 

Councilman Pucciarelli said that the Gate House building will continue to be occupied by the Village of Ridgewood who will cooperate in offering a program jointly with Health Barn, Inc. He hopes that this recommendation would not jeopardize the RFP, but as a citizen of Ridgewood, he would feel more comfortable with this type of agreement. He added that running the program this way will make a quantitative difference and the program will be different because the Village is not just leasing to a program.

Councilwoman Knudsen defended the fact that she had done research with government agencies on behalf of Ridgewood residents and she added that she had done the research for her benefit as well. She said she has the right to call any government official for any reason she feels is credible.  She is trying to help residents navigate a difficult public process.  Councilman Pucciarelli stated that he respects Councilwoman’s Knudsen’s rights and opinions. 

Ms. Sonenfeld clarified Councilman Pucciarelli’s point, stating the lease would include a “key person clause” meaning that Ms. Antine should be mentioned in the lease and if she is no longer with Health Barn, the lease could be terminated. Ms. Sonenfeld said that Green Acres would have to approve this change in terminology and the program would have to be open to all communities.  Councilman Pucciarelli said that he felt Green Acres might be more agreeable to this agreement because it is consistent with the use of a public park used by the Village of Ridgewood.  Councilwoman Hauck wanted it to be known that while residents should approach Councilmembers with their questions, there is something to be said for going through the proper channels when conducting deep probing work.  All Councilmembers should be informed if one of them is doing independent research including the results of this research, rather than learning about it at a Council meeting.  She recalled that a previous Village Manager explained that under the Faulkner Act, Councilmembers were not to do their own research or to talk to Directors or Supervisors.  Councilmembers are allowed to consult with the League of Municipalities.  Councilmembers seeking the advice of outsiders were required to notify the Village Manager, so she could be apprised of what is happening and can help with the process.  Councilwoman Hauck suggested that protocol be outlined to facilitate better communication among Councilmembers. 

Councilwoman Hauck stated that she highly values public input, even though it can be emotional at times. She thinks that Health Barn will be a perfect fit for the Village and she is happy that the house will be occupied by an entity rather than having the Village maintain an empty structure which would probably fall into decline.  At this point, no one is offering any other ideas for a constructive use of the Gate House and the Village will benefit if the challenges can be managed.  Councilwoman Hauck has heard a lot of challenges this evening and she will be paying particular attention to the list she has compiled during this hearing.

Councilman Sedon asked if there was another contract that could govern the use of the property. This situation calls for something a little more complex than a lease.  Councilman Pucciarelli explained that his solution means that the Village never relinquishes possession of the building.  The building would be used to run a joint program with Health Barn.  Councilman Sedon asked if rent was the only revenue the Village would get.  Ms. Fricke indicated that this is correct.  

Councilman Sedon said he would like to have questions clarified that were unanswered tonight and he would like to have resident’s questions answered. Due to the length of some recent meetings, he suggested that in the future, the Village do as much as possible before meetings, so there isn’t so much emotion involved and people can have a better understanding so there is not as much cynicism. 

Mayor Aronsohn said he found tonight’s discourse extraordinarily useful, particularly those views on traffic safety and parking. There is clearly a problem, with or without Health Barn, which needs correction.  He appreciates the useful suggestion of Councilman Pucciarelli which will be looked into further.  Mayor Aronsohn said that he supports the Health Barn program, which is a fabulous use of the Gate House and he continues to view children as a priority in the community.  He welcomes Health Barn into the community but he noted that this is a work in progress and residents’ concerns must be addressed. 

Ms. Sonenfeld stated that many of the questions raised this evening that do not have closure are directly related to the fact that multiple people were talking to Green Acres and not talking to each other. Ms. Sonenfeld said that she spoke tonight about an e-mail that Councilwoman Knudsen wrote last week, and if she had seen it earlier, Ms. Fricke would have rectified it so there would be no open questions.  She stated that she doesn’t speak of the Faulkner Act often because she doesn’t want to prevent people from doing what they feel is necessary. However, there are certain rules that must be followed.  They can’t be going to different people and sources who may well give conflicting answers.  Ms. Sonenfeld recommended some type of dialogue before meetings, in order to prevent confusion.

Mayor Aronsohn thanked everyone for their comments and input. Due to the lateness of the hour, he suggested that discussion on multi-family housing in the Central Business District (CBD) be postponed to the meeting on Monday, November 9^th during the public hearing on the five zoning ordinances.  Councilman Pucciarelli commented that no one is at his or her best at 12:30 A.M. and all of the Councilmembers agreed. 

6.          DISCUSSION

              a.            Parking

1.)           Amendment to Valet Parking Ordinance

Ms. Sonenfeld explained that this is a reworking of an ordinance from a previous meeting that addresses valet parking during the hours of 5 P.M. to 3 A.M. There is a notation stating that operator conduct should be courteous and professional.  The resolution includes the designation of enforcement people other than police who can enforce, as well as impose fines set at a level of greater than or equal to $500.  Councilman Sedon found this to be acceptable. 

                b.            Budget

                                1.)           Approve Budget Transfers and Third Quarter Revenue Report

Ms. Sonenfeld stated that this is the yearly discussion on budget transfers and transfers between line items. There will also be a third quarter revenue expense update. 

Robert Rooney, Village Chief Financial Officer, provided information on revenues and expense for parking in the third quarter. He focused on revenues that are 75% less than budgeted and expenditures that are 75% or more for appropriations.  This is used as a base, in addition to transactions that occurred in October to compile a list of transfers that are being requested for approval. 

Mr. Rooney highlighted revenues in the general fund and said that they seem to be reasonable and on target. The only exception was the Building Department, where expectations were not met resulting in a shortfall.  In addition to expenses involved in outside police services, due to a decline in staff, they are not able to provide the services as normal.  Information is only available through June and the next quarter is anticipated to be better than shown here.  Councilman Pucciarelli praised the format and said that the revenues are obvious.

Regarding general fund appropriations, Mr. Rooney identified areas that are part of the transfer request this evening. He noted the three areas to be attorney’s fees, police overtime and central garage.  Mayor Aronsohn asked about the central garage and Mr. Rooney explained that a lot of equipment has been sent to Paramus for repairs.  They have a limited number of mechanics, some of whom are temporary, which caused the need for outsourcing.  Ms. Sonenfeld pointed out that due to administrative fees and big ticket items such as transmissions; outsourcing has not proven to be cost effective.  She hopes that there could be some savings in working with the County to provide vehicle repair services. 

Mr. Rooney referred to Schedule A which notes the budget transfer requests. The transfers are being requested due to situations that have developed and there is an explanation as to why transfers are requested.

                                2.)           Authorize Cancellation of Grants

This is a request for the cancellation of grant fund receivables and grant appropriation reserve balances for programs that have fulfilled their purposes and are no longer being utilized. The net effect of the cancellations is a favorable amount of $12,000.

                d.            Operations

                                1.)           Review of Annual Audit

                                2.)           Approve Corrective Action Plan

Ms. Sonenfeld suggested that they move onto Operations. Mr. Rooney explained that the comments and recommendations noted in the Audit Report contain information and corrections from the prior year. The audit report for 2013 was not received until 2015, which means that some of the corrections could not be implemented because they weren’t aware of them.  Management decided to restructure the organization in order to enhance the controlled environment.  The Building, Water Utility and Finance Departments have new leadership, with the primary focus on strengthening internal controls and the enhanced reporting of financial transactions, which will ensure public transparency. 

Mr. Rooney said that the auditing firm was told to be very thorough and leave no stone unturned. There was not enough time spent on the last several audits and there was a lack of constructive comments.  The auditing firm came up with eighteen comments, most of which have been incorporated into the Corrective Action Plan.  They have contracted with the auditors to perform outside work in three departments, focusing first on the Building Department to be followed by the two other departments at a later date.

Mr. Rooney spoke about Tax Title Liens which should be liquidated so that they can be repurposed and offered for sale for taxpaying purposes. He recommended corrective action which would result in the turnover of receipts from the Construction Department, the Recreation Department and the Planning Board within 48 hours.  This will reduce lag time.

Mr. Rooney stated that the IRS requires that a policy be in place regarding the reporting of employee compensation relative to termination packages. He will be asking the Village Council to adopt a formal policy to address the payment process for retiring employees and incorporating this into various contractual agreements.  The IRS will only recognize deferral if the Village has a policy that permits such deferral.  Ms. Sonenfeld noted that other municipalities were not aware of this.  Mr. Rooney stated a lot of time was spent with the auditors regarding both the Fire and Police Departments, which is one reason the report is late. 

Ms. Sonenfeld stated that she and Mr. Rooney were very pleased with the results of this audit. Mayor Aronsohn stated that this will be posted on the Village website shortly. 

                b.            Budget

                                3.)           Award Contract – Furnishing and Delivering Sodium Hypochlorite                                                          Solution

Ms. Sonenfeld returned to budget items. She stated that this bid for the award of contract for sodium hypochlorite solution for 2016-2017 goes to Miracle Chemical Company at a cost of $3.62 per gallon.  The previous year’s price was $3.59 per gallon or a change of $700 per year for this solution.

                                4.)           Revise Award of Contract Under State Contract – Chlorine Analyzers

Ms. Sonenfeld said that this will amend a prior resolution passed by the Village Council. It should have been $49,925, but was submitted as $43,925 or a difference of $6,000.  She noted that the funds are available.

5.)           Award Extraordinary Unspecifiable Service Contract – Emergency Repairs to Flow Meter at Water Pollution Control Facility

Ms. Sonenfeld reported that expenses have been incurred to make emergency repairs to the flow meter at the Water Pollution Control Facility, due to equipment failure. The Village had to go out for emergency parts and service.

                                6.)           Revise Award of Contract for Mini Excavator

Ms. Sonenfeld stated that this is the award of contract for the mini excavator. The award for the Model 27D had been previously awarded; however, that model was not available and was replaced by Model 26G.  There is a cost difference of $1,182 between the two excavators.

                                7.)           Award Contract – Brine System

Ms. Sonenfeld recalled that at the Budget Meeting last year they discussed creating their own brine. Mr. Rutishauser was working on this but when they went looking for systems they found another potential vendor.  They haven’t been able to get a definite price but it appears that the price will be approximately 35 cents less a gallon than the previous price.  She observed that at that price it doesn’t pay for Ridgewood to set up its own brine making operation. 

g.)           Award Extraordinary Unspecifiable Service Contract – Emergency Repairs to Glenwood Avenue Stairs to Train Station

Ms. Sonenfeld explained that this award concerns repairs to the steps leading from Upper Boulevard to the train tracks. She noted that the road going to the Ho-Ho-Kus train station was recently repaired, and based on input from residents, she and several Village professionals recently walked the entire stairway leading to the train station, which is hazardous and in need of repair.  The only alternative would be to close the stairs, but she would recommend doing the repairs because there are a lot of people that use this area daily.  She added that it should be done quickly.  Upon questioning, Ms. Sonenfeld said that they hope the patching will suffice for the next five years.  Christopher Rutishauser, Village Engineer, said that the last repairs were done to the steps about fifteen years ago and many of the patches are crumbling.  They hope to repair as many of the stairs as possible, within the limits of the funding and it is hoped that the repairs will last for another fifteen years.  Replacing the stairs will be expensive and time consuming and make travelling to the Ho-Ho-Kus train station more of a problem for residents.  Mr. Rutishauser added that the time of year is also critical. They may also have to close the walkway for a couple of days from time to time. 

Councilwoman Hauck asked if residents would be informed in a timely manner so they could plan to go to the other train station. Mr. Rutishauser will speak to New Jersey Transit (NJT) to see if flyers could be distributed at the Ho-Ho-Kus train station.  A sign can also be put in the area of the stairs as well as on the Village website. 

                                9.)           Award Contract – Recording System for Village Hall Court Room

Ms. Sonenfeld stated that this item concerns the updating of the recording system in the Council Chambers. The cost is in the amount of $5,899 and was approved during the budget process.

                                10.)        Award Emergency Contract – Purchase of Police Car

Ms. Sonenfeld referred to the police car that was hit on Broad Street. It appears that the car is not repairable.  The request for funding will be offset by insurance to purchase a replacement car.  This was added to tonight’s agenda since there isn’t another meeting until December. 

                d.            Operations

                                3.)           Approve Encroachment Agreement – 438 Stevens Avenue

Ms. Sonenfeld explained that this is an Encroachment Agreement for 438-442 Stevens Avenue. The encroachment on the right-of-way is minimal and this is a request to authorize the Mayor to sign the agreement once it has been finalized.

                                4.)           Appoint Members to Local Emergency Planning Council

Ms. Sonenfeld referred to the set-up of the local emergency Planning Council which will expire on November 30, 2016. The list names the individuals and the last time this was done was in 2012. 

7.            REVIEW OF NOVEMBER 9, 2015 REGULAR PUBLIC MEETING AGENDA

Ms. Mailander reminded everyone that the Public Meeting will be held on Monday, November 9^th and not November 11^th which is the Veterans Day holiday.  The meeting will include Proclamations for National Diabetes Awareness Day; Recognize Alzheimer’s Awareness Week; and National Family Week.  In addition, two new Firefighters will be sworn in.

Ordinances for introduction include: Amend Various Salary Ordinances; Amend Chapter 105 – Animals – Cats – Establish a 3-Year Cat License and Amend Fees for the 3-Year Cat License; Amend Valet Parking Ordinance; Non-Union Salary Ordinance; and Management Salary Ordinance.

The scheduled Public Hearings include: Amend Five Land Use and Development Ordinances; Amend Bond Ordinance for Change in Description and Average Useful Life for Ridgewood Public Library and Amend Fine for CBD Employee Parking. 

Resolutions include: Approve Budget Transfers; Title 59 Approval and Award Contract to Furnish and Install Control Valves; Title 59 Approval and Award Contract for Sodium Hypochlorite Solution; Award Contract for Shared Services for Brine System; Award Contract for Layout, Printing and Distribution of Village Calendar; Award Contract for Recording System for Village Hall Court Room; Award Contract Under State Contract for Jeep Patriot for the Ridgewood Water Department; Revise Award of Contract Under State Contract for Chlorine Analyzers; Revise Contract Under State Contract for Mini Excavator; Award Professional Services Contract for Alternatives for Village-Owned Buildings; Award Professional Services Contract for SCADA System Upgrade for Ridgewood Water; Award Extraordinary Unspecifiable Services Contract for Emergency Repairs to Effluent Flow Meter for Water Pollution Control Facility-one resolution for the Purchase of Parts and the other resolution for Installation of the Parts; Award Extraordinary Unspecifiable Contract for Repair of Stairs on Glenwood Road/Ho-Ho-Kus Train Station; Authorize Shared Services Agreement for Adult Health and Flu Clinics (Ho-Ho-Kus); Authorize Shared Services Agreement for TV Inspection of Mains with Northwest Bergen County Utilities Authority which is the Second Year of a Two Year Contract; Authorize Change Order for On-Call Servicing and Repair of Potable Well Facilities and Piping; Authorize Cancellation of Grant Balances for County of Bergen Municipal Alliance Program for 2012 and 2013 and Authorize Cancellation of Grant Reserve Balance for County of Bergen One Stop Disaster Relief Program for 2011; Approve application for NJDOT Paving Grant; Accept 2014 Annual Audit Report and Accept 2014 Corrective Action Plan; Approve Encroachment Agreement for 438 Stevens Avenue; and Appoint Members to the Zoning Board of Adjustment.   

8.            MANAGER’S REPORT

Ms. Sonenfeld reported that there was a voter turnout of 30% for the non-binding referendum on parking. The results of the vote favored the parking garage at Hudson Street by 65% to 35.7% and the Village will continue with the project.  The project team will meet on Friday to consider all the public comment that has been received.

Ms. Sonenfeld announced the next Meet the Manager opportunity on Saturday, November 14^th from 9 A.M. to noon.

Ms. Sonenfeld stated that there have been many resident comments regarding leaves and she has been asked several times why residents can’t put the leaves on the street at any time. She stated that in 2006, New Jersey enacted Stormwater Pollution Prevention Regulations stating that leaves cannot be placed in the street more than seven days prior to the announced collection date and could not be placed within ten feet of a storm drain.  There has been a problem with people putting leaves out after the end of the cycle.  The Compliance Officer reported on sixty-nine warnings being issued and Ms. Sonenfeld reminded everyone that during the first week of the cycle warnings will be issued followed by summonses. 

Ms. Sonenfeld reported on a rehabilitation plan with the new contractor in Area B. There were similar problems last year with a new contractor.  There are different issues with this contractor who was the lowest bidder by $20,000. This bidder, who is being closely monitored, met all of the requirements and she will have more to report in the near future.  

Ms. Sonenfeld announced the following upcoming events. There will be a wide variety of recreation programs on November 5^th and 6^th, during the school break; November 11^th is Veteran’s Day with a service at Memorial Park at Van Neste Square.  She reminded everyone that Village offices are closed for Veteran’s Day.  Ms. Sonenfeld stated that the Farmer’s Market is open on Sunday until Thanksgiving. 

9.            COUNCIL REPORTS

Planning Board -- Councilwoman Knudsen reported that the Planning Board met last night to continue their Re-Examination of the Master Plan.  The Village Circulation component was discussed along with the Community Facilities’ Plan.  These plans are outdated and no longer effective.  Since these components are no longer legally required by statute.  Councilwoman Knudsen said that the Board will move forward with the Master Plan Re-Examination and the Housing Plan element.  The next meeting is Monday, November 9, 2015.

Central Business District Forum - Councilman Pucciarelli reported that the Central Business District Forum #9 was held last Monday.  The topic was the parking garage on Hudson Street. They received valuable input from the public and had a good exchange with the architects and financial experts about the proposed parking garage on the corner of Hudson Street and Broad Street.

10.          COMMENTS FROM THE PUBLIC

Mayor Aronsohn stated they would again have comments from the public and asked anyone wishing to address the Village Council to come forward.

Kathryn Schmidt, 123 South Irving Street, referred to the COAH presentation. She said that when she questions the Village’s COAH obligation she gets a wide range of answers.  Mr. Surienian indicated that there are well established standards used to calculate the number of units and she hopes there will be some definite answers shared at the meeting on Monday.  Ms. Schmidt asked where she could get information about the Village’s affordable housing plan and if there are more serious plans, other than those put together by developers in the interest of multi-family housing.  She hopes there are some alternative plans. 

Mr. Rogers explained that the Village doesn’t know their requirement for affordable housing units. The Court has ruled that this has to be done without any regulations or guidelines as to what the number is, and the plan has to be met by a specific date.  She can get more information from the Third Round Plan that was submitted to COAH in 2008.

Ms. Schmidt said this is unsettling. She again referred to Mr. Surienian’s well-established standards and asked if the Village could hire someone who would come up with a number.  Mr. Rogers said that some specifics were set forth by the State Supreme Court in March; however; in discussions with the Master, some of the standards were taken from the first round with others taken from the second round, and it is unclear as to which standards will be approved.  This leaves a lot to be desired in terms of direction.  There are still credits that remain, such as the vacant land adjustment, but the overriding problem is that they have no idea of the number.  They were advised to use the 2014 New Jersey Register Report, which was the last effort by COAH to calculate an allocation number.  Mr. Rogers can’t recall the number, but will get this information to Ms. Schmidt.  

Boyd Loving, 342 South Irving Street, referred to the stairs at Glenwood Avenue leading to the Ho-Ho-Kus train station. He suggested that the Village contact (NJT) to find out if they would be willing to contribute to the cost of repairs to the stairs.  He added that NJT could post advisory notes to smart phone users regarding the potential closure of these stairs. 

Mr. Loving spoke about the replacement of the police car and pointed out that the replacement is a Chrysler, which means that the Village will have to stock a new series of parts for potential repairs. Ms. Sonenfeld said she would look into this because she didn’t think the Village was purchasing a Chrysler vehicle. 

Mr. Loving addressed the discussion about interaction between Councilmembers and professionals outside of the Village. He supports Councilwoman’s Knudsen’s attempts to contact others who could be of assistance.  If she hadn’t, this contract may have gone through, and in the future the Village may have been sued because the Village hadn’t done the right thing or preceded in an incorrect manner.

Matt Gerber, 375 Glenwood Road, said that communications with the residents relative to issues that directly impact them is a problem. He shares the concerns of Councilmembers Knudsen and Sedon and realizes that all of the Councilmembers, as well as the Village Manager, the Village Attorney, the Village Clerk and Village staff have the best interests of the Village at heart.  He knows that the Mr. and Mrs. Loving and others who attend Council meetings on a regular basis also want what is best for the Village.  However, he also realizes that there is a perception that things are being kept from the public whether it is warranted or unwarranted.  He would like to know more about the steps that Councilman Sedon feels should be taken in order to improve communications with residents.  He indicated his willingness to be of assistance in any capacity.  He said he would be in touch via e-mail to suggest potential dates for meetings with Mayor Aronsohn and Councilmembers to try and resolve communication issues. 

11.          RESOLUTION TO GO INTO CLOSED SESSION

Ms. Mailander read Resolution #15-341 to go into Closed Session, in full, as follows:

12.          ADJOURNMENT

There being no further business to come before the Village Council, on a motion by Mayor Aronsohn, seconded by Councilwoman Knudsen, and carried unanimously by voice vote, the meeting was adjourned at 1:16 A.M. on November 5, 2015.

                                                                                                _______________________________

                                                                                                                 Paul S. Aronsohn                                                                                                                                                                     Mayor

_________________________________

                Heather A. Mailander

                       Village Clerk