Village Council Public Meeting Minutes 20140115
A REGULAR PUBLIC MEETING OF THE VILLAGE COUNCIL OF THE VILLAGE OF RIDGEWOOD HELD IN THE SYDNEY V. STOLDT, JR. COURTROOM OF THE RIDGEWOOD VILLAGE HALL, 131 NORTH MAPLE AVENUE, RIDGEWOOD, NEW JERSEY, ON WEDNESDAY, JANUARY 15, 2014, AT 8:00 P.M.
1. CALL TO ORDER – OPEN PUBLIC MEETINGS ACT – ROLL CALL – FLAG SALUTE – MOMENT OF SILENCE
Mayor Aronsohn called the meeting to order at 8:01 P.M., and read the Statement of Compliance with the Open Public Meetings Act. At roll call, the following were present: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn. Also present were Heather Mailander, Acting Village Manager/Village Clerk; and Matthew Rogers, Village Attorney.
Mayor Aronsohn led those in attendance in the Pledge of Allegiance to the flag. Mayor Aronsohn then asked for a moment of silence to honor the men and women in the United States Armed Forces who protect and defend our freedom every day, as well as those serving as first responders.
2. ACCEPTANCE OF FINANCIAL REPORTS
Mayor Aronsohn moved that the Bills, Claims, and Vouchers, and Statement of Funds on hand as of December 31, 2013, be accepted as submitted. Councilman Pucciarelli seconded the motion.
Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None
3. APPROVAL OF MINUTES
Mayor Aronsohn moved that the Village Council minutes of November 6, November 13, December 4, and December 11, 2013, having been reviewed by the Village Council and now available in the Village Clerk’s Office, be approved as submitted. Councilman Riche seconded the motion.
Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None
4. PROCLAMATIONS
Jamboree Days
Mayor Aronsohn read the following proclamation:
5. COMMENTS FROM THE PUBLIC
Mayor Aronsohn asked if anyone from the public wished to speak regarding any of the agenda items.
Ellie Gruber, 229 South Irving Street, commented on the lack of care given to the roof of the Schedler house. More than two years ago, when the Open Space Committee began formulating their report, they were given one year to try to find a reason to keep the house. A reason was found, and it has been determined that the house can be used and that private money could fund it, but now the tarpaulin on the roof has come loose. Twice, promises were made that the tarp would be reattached. There is a hole in the side of the house. Ms. Gruber said she is aware that the weather has not cooperated recently, but she pointed out that these promises were made a long time ago, and the situation should be investigated. Ms. Gruber is concerned that the house will collapse if any more bad weather affects the roof and comes through the hole in the side of the house. At this time, the only requirement is to attach the tarp again in order to stabilize the roof, which Ms. Gruber believes all of the Councilmembers can agree is necessary. It is not possible at this time for the people who are hoping to take over the house to put on a new roof, because the necessary permissions have not been obtained, and all of the regulations have not yet been met. Ms. Gruber asked if it would be possible to at least replace the tarp this week.
Mayor Aronsohn gave some background on the situation. He explained that, at the urging of Peggy Norris, Village Historian, a meeting was held a few weeks ago on this topic. Although the Councilmembers have not yet made a decision about what to do with the Schedler house, they do recognize something needs to be done in the interim while the situation is evaluated. Ms. Mailander noted that the Traffic and Signal Division received the tarps today, but they could not get to the Schedler house today due to the icy conditions. In addition, they cannot use their bucket truck, and they must use a ladder truck borrowed from the Fire Department. The Fire Chief said that as long as the weather holds, personnel from the Fire Department could help the Traffic and Signal Division to do the work, either this week or early next week.
Jim Griffith, 159 South Irving Street, said he is aware that the Councilmembers are in the process of considering some legislation regarding smoking, and Mr. Griffith was recently subjected to an embarrassing situation, and wants to spare the Councilmembers the same embarrassment. In the editorial page today of the Bergen Record, there were some comments made about the unknown factors associated with e-smoking. Mr. Griffith pointed out that the Councilmembers are discussing restrictions on smoking in the Village. Every Sunday morning, Mr. Griffith says he attends a meeting in a facility where there is no smoking allowed inside or outside, and the attendees are very careful to ensure that no one violates that rule. Sometimes, when they go outside the building, they see people smoking, and they warn them about the rules. Recently, Mr. Griffith said he saw someone in the room take out an e-cigarette and start smoking it. Therefore, Mr. Griffith wanted to pass along the information about e-cigarettes, because it is something that everyone is still learning about. Councilman Pucciarelli said it is an interesting concept, because the ordinance does establish a "smoke-free zone," and he assumes that e-cigarettes, because they are smoke-free, would not be prohibited. Mr. Griffith said that was why he was passing along his experience. He added that it is such a new science, and that the people who are using the e-cigarettes do not believe they are breaking the law, because they do not consider it to be smoking.
Isabelle Altano, 656 Kingsbridge Lane, seconded the comments made by Ms. Gruber. Ms. Altano said she is happy to hear that the tarp has been received and will be put on the Schedler house. She reiterated how important it is to maintain the structure and protect it until the Councilmembers make a decision about what to do with the house. Ms. Altano said it is a very important structure in the Village, and it is very disappointing to see the damage that has been done to the house already. It is clear that water has already gotten into the house, and Ms. Altano said many people are very worried that if repairs are not made very soon, the house will be lost.
Diane Haderthauer, 470 Albin Court, asked for information about the cell tower that was put on the Ferguson property on Franklin Turnpike. The cell tower has been in that spot for approximately three months, and Ms. Haderthauer said she is not been able to get any information on the tower, which sits next to the 120-foot cell tower that is already there. Ms. Mailander said she spoke to Anthony Merlino, Zoning Officer, who said that the cell tower is being tested to see if it is viable for a company to put a cell tower in that location, but he is not aware of who the carrier is, and is currently in the process of finding out that information. After that time, a determination will be made about how much longer the tower will remain. If it is expected to be there for only a short time, nothing will be done, but if it is to remain for an extended period of time, Mr. Merlino said that the carrier will have to appear before one of the Village Boards. Mr. Merlino and Christopher Rutishauser, Village Engineer, as well as Blais Brancheau, Village Planner, will be meeting to determine what type of exemption may be needed in order for the cell tower to remain there, but the carrier might be required to appear before one of the Village Boards if the tower is expected to remain there for more than 1-2 weeks.
Ms. Haderthauer stated that she attended a recent Board of Adjustment meeting, and none of the Board members had any knowledge of the cell tower at that location. Ms. Haderthauer noted that the tower has been there for approximately 3 months, and no permits have been filed, nor have any notifications been made. Mayor Aronsohn responded that Ms. Haderthauer brought this temporary cell tower to the attention of the Councilmembers by email, and Ms. Mailander is looking into the situation with the help of Mr. Merlino and Mr. Rutishauser. Ms. Haderthauer said she has heard for the past two months that someone would get back to her, but no one has. She also pointed out that in that area, there is a 120-foot cell tower sitting in the lot that does not have a fall down zone for that tower. Now, another unknown carrier has placed a second temporary cell tower in the same area, and may want to replace it with a permanent cell tower. Ms. Haderthauer noted that there is an ordinance in place, ordinance number 2780, which is section 190-123, of the Village Code which states that no freestanding antenna over 75 feet in height shall be located closer, to any other freestanding antenna over 75 feet in height, than 15 times the height of the higher antenna. Ms. Haderthauer wonders why such a situation would even be considered, and why the carrier is allowed to put a cell tower in that location. She believes the carrier should be told that there is an ordinance in place prohibiting another cell tower in that area. Ms. Mailander answered that she knew nothing about the situation until she received a copy of Ms. Haderthauer’s email to Mayor Aronsohn, and the situation must be investigated. That is one of the considerations that will have to be addressed.
Alan Kantz, 80 River Road, Summit, New Jersey, came to the meeting as a representative of Global Advisors on a Smoke-Free Policy (GASP). He said he was excited to see that the Village is considering making the areas around the Board of Education properties smoke-free zones, and he wanted to reiterate some points from the previous Village Council meeting, as well as to bring up one new point. Mr. Kantz is excited to see Ridgewood create the smoke-free areas, because protecting children from secondhand smoke and discouraging them from smoking are two of the best things anyone can do for children. Approximately 90% of smokers started smoking before the age of 18, so if children can reach adulthood without smoking, there is a good chance they will not start doing so as adults, and avoid the number one cause of preventable death and disease in the world. Other municipalities have taken similar steps, particularly in Livingston, where they have established a smoke-free radius around some Board of Education properties, but Mr. Kantz commended the Councilmembers for the way they have handled the Village’s restrictions, especially using the public rights-of-way as the designated areas. That will make it very clear to members of the public so they can understand exactly where the smoke-free zones are. On his previous visit, Mr. Kantz spoke about self-enforcement, saying that as long as there are signs clearly stating that smoking is prohibited in a specific area, people understand the idea that there are some places where smoking is permitted, and other places where it is not permitted, and they do seem to abide by those restrictions. However, Mr. Kantz realized that he had not mentioned that the free smoke-free zone signs from the New Jersey State Department of Health are still available. There will be no refills after the current supply is exhausted, so they will be available for a limited time only on a first-come, first-served basis. There is a space at the bottom of each sign where the ordinance number can be inserted.
Mr. Kantz reiterated the point made by Mr. Griffith that electronic cigarettes are considered smoking in indoor public places and workplaces in New Jersey, and they are covered by the Smoke-Free Air Act. Mr. Kantz commented that after reading the Village ordinance, it does not seem to cover electronic cigarettes. It is an amendment to the existing smoking-related section of the Ridgewood Code, so it would be necessary to change the definition of smoking to include electronic cigarettes, if that is what the Councilmembers desire.
There were no other comments from the public at this time, and Mayor Aronsohn closed the time for public comment.
6. MANAGER’S REPORT
Ms. Mailander stated that the 32nd annual Ridgewood-Glen Rock observance of the Martin Luther King, Jr. Day will be held on Monday, January 20, 2014, at the Ridgewood United Methodist Church, 100 Dayton Street. The event is free and open to the public. The theme for this year is "Justice Too Long Delayed Is Justice Denied". The celebration begins at 10:00 A.M. with an interfaith service by Reverend Kathleen Green of the Unitarian Society of Ridgewood. There will be readings by students from Ridgewood and Glen Rock, and musical performances by the Indian Hills Chamber Choir and Men of Umoja Chorus, followed by an outdoor rally in Memorial Park at Van Neste Square, and a community lunch at 12:00 noon. Civil rights activist and humanitarian Lawrence Hamm will speak about the erosion of civil rights and what racism is in America today. As a reminder, in observance of the Martin Luther King, Jr. holiday, Village Hall and the Stable will be closed for business on Monday, January 20th. In addition, there will be no garbage or recycling pickups on that day.
Super Bowl celebration plans continue. In celebration of this New Jersey event, hometown community activities are being planned. On Saturday, February 1st, the Ridgewood Department of Parks and Recreation is planning "Fire and Ice," a winter festival at Graydon Park, with bonfires, winter sports, snowshoeing, ice skating, hiking, ice sculptures, good food, music, and more. The event is from 4:00 P.M.-7:00 P.M., and admission is $5 per person. Pre-registration is required, which can be done through Community Pass, or by visiting The Stable. Everyone is reminded to dress for the weather. Additional information is available at 201-670-5560.
The Streets Department has been busy filling potholes in the roads caused by the recent extreme weather. If anyone finds some potholes, please call either the Reception Desk or the Municipal Clerk’s Office, and the information will be passed along to the Streets Division.
Christmas trees will continue to be picked up at the curb during the month of January. Bid notices will be distributed for the professional architectural engineering services for the Horse Barn at Habernickel Park, as well as the concession at the train station coffee bar. The notices will be in the January 17th issue of the Ridgewood News, as well as on the Village website.
Ms. Mailander pointed out that there are currently three employment opportunities available in the Village, which are posted on the Village website. There is one full-time position, and the others are part-time positions. The website is www.ridgewoodnj.net. The application deadline for the employment opportunities is January 21st.
7. COUNCIL REPORTS
Village Garage – Councilman Pucciarelli reported that the Village Garage committee met last Thursday, and the report concerning the feasibility of the land available on the Village property in Glen Rock, prepared by Conklin Associates, was reviewed. That report contained a very complex analysis because of the wetlands and other riparian issues surrounding the property, which led to the conclusion that there is ample space for any facility that Ridgewood would envision going forward. However, it is a bit more complicated to accommodate facilities for both Ridgewood and Glen Rock on the three parcels identified in the report. Councilman Pucciarelli added that the report cost $4,000, not the original estimate of $5,500, which was expected. Half of the $4,000 cost will be paid by Ridgewood and the other half will be paid by Glen Rock. The report proved to be very useful, and both municipalities are seriously considering what is available. The good news for Ridgewood is that there is clearly adequate space on Ridgewood’s property for a facility.
Financial Advisory Committee – Councilman Pucciarelli said the Financial Advisory Committee met this past Monday, and they have decided to take a closer look at the proposal to develop a new garage. They would like to consider other alternatives, such as outsourcing. The committee members believe that the Councilmembers should consider a facility that would be "nimble to react to changes in the future," rather than simply reproducing what currently exists on the assumption that there will always be the same vehicles to maintain and repair.
The committee also did some analysis of the collective bargaining agreements and some of the other employment agreements currently in place that have significant financial impact on the Village.
Ridgewood Arts Council – Councilman Pucciarelli said the Ridgewood Arts Council would be meeting tomorrow at 7:00 P.M. at Bethlehem Lutheran Church to continue planning the artistic presentations and opportunities for the coming year. The meeting is open to the public, and Councilman Pucciarelli invited everyone to attend.
Ridgewood Environmental Advisory Committee (REAC) – Councilwoman Walsh said that the members of the Ridgewood Environmental Advisory Committee (REAC) will be hosting activities related to Earth Day, which will be held on April 26, 2014, at Memorial Park at Van Neste Square. They are trying to coordinate activities with the Ridgewood Conservancy for Public Land, because the Conservancy is holding a Daffodil Festival the following day. In addition, the members of REAC are working with the Board of Education and Students for Environmental Action (SEA) to complete some grant applications for some coordinated efforts with the Board of Education.
Bergen County League of Municipalities – Councilwoman Walsh said that the Bergen County League of Municipalities met this week, and the topic of conversation was "Community Energy Aggregation for Residential Customers". She noted that most residents have probably gotten phone calls asking them to consider changing their current energy suppliers, because while most residents use PSE&G, they have the option to buy their energy from third-party sources. The State has allowed municipalities to consider opting into this new program and giving residents the choice of opting out, which means that the municipality would have to buy the energy, and the residents could opt out of purchasing it. She asked Ms. Mailander to put the discussion of this matter on a future Work Session agenda.
8. ORDINANCES
a. Introduction – # 3403 – Amend Chapter 244 – Smoking
Mayor Aronsohn moved the first reading of Ordinance 3403. Councilman Pucciarelli seconded the motion.
Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None
The Village Clerk read Ordinance 3403 by title:
AN ORDINANCE TO AMEND CHAPTER 244 OF THE CODE OF THE VILLAGE OF RIDGEWOOD ENTITLED, "SMOKING"
Councilman Riche asked if it would be possible to have representatives from the Police Department come to the Village Council Public meeting in February to answer some of his questions regarding enforcement of this ordinance. Ms. Mailander said that she would ask Police Department representatives to be present at this meeting.
Councilwoman Hauck moved that Ordinance 3403 be adopted on first reading and that February 19, 2014, be fixed as the date for the hearing thereon. Councilman Pucciarelli seconded the motion.
Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None
b. Introduction – # 3404 – Amend Chapter 165 – Garbage, Rubbish, Refuse, Recycling – Hazardous Collection Conditions
Mayor Aronsohn moved the first reading of Ordinance 3404. Councilwoman Walsh seconded the motion.
Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None
The Village Clerk read Ordinance 3404 by title:
AN ORDINANCE TO AMEND CHAPTER 165 OF THE CODE OF THE VILLAGE OF RIDGEWOOD, GARBAGE, RUBBISH, REFUSE, AND RECYCLING, AT SECTION 165-18, "DEFINITIONS," AND AT SECTION 165-22, "COLLECTION SCHEDULE"
Councilwoman Hauck moved that Ordinance 3404 be adopted on first reading and that February 19, 2014, be fixed as the date for the hearing thereon. Councilwoman Walsh seconded the motion.
Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None
c. Public Hearing – # 3401 – Amend Chapter 265 – Vehicles and Traffic – Placement of Stop Signs in Various Locations
Mayor Aronsohn moved the second reading of Ordinance 3401. Councilman Riche seconded the motion.
Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None
The Village Clerk read Ordinance 3401 by title:
AN ORDINANCE TO AMEND CHAPTER 265 OF THE CODE OF THE VILLAGE OF RIDGEWOOD, VEHICLES AND TRAFFIC, AT SECTION 265-59, SCHEDULE IX "STOP INTERSECTIONS"
Mayor Aronsohn announced that the Public Hearing was open. There were no comments from the public, and Mayor Aronsohn moved that the Public Hearing be closed. Councilman Riche seconded the motion.
Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None
Councilwoman Walsh moved that Ordinance 3401 be adopted on second reading and final publication as required by law. Councilman Riche seconded the motion.
Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None
d. Public Hearing – # 3402 – Amend Chapter 3 – Administration of Government – Department of Water Supply – Division of Water Utility
Mayor Aronsohn moved the second reading of Ordinance 3402. Councilman Pucciarelli seconded the motion.
Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None
The Village Clerk read Ordinance 3402 by title:
AN ORDINANCE TO AMEND CHAPTER 3 OF THE RIDGEWOOD VILLAGE CODE, ADMINISTRATION OF GOVERNMENT, AT ARTICLE V, "DEPARTMENTS," AND SECTION 3-41(B), DEPARTMENT OF WATER SUPPLY, IN ORDER TO CLARIFY RESPONSIBILITY AND CHAIN OF COMMAND WITHIN THE DEPARTMENT
Mayor Aronsohn announced that the Public Hearing was open. There were no comments from the public, and Mayor Aronsohn moved that the Public Hearing be closed. Councilman Pucciarelli seconded the motion.
Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None
Councilman Riche moved that Ordinance 3402 be adopted on second reading and final publication as required by law. Councilman Pucciarelli seconded the motion.
Roll Call Vote
AYES: Councilmembers Hauck, Pucciarelli, Riche, Walsh, and Mayor Aronsohn
NAYS: None
ABSENT: None
ABSTAIN: None
9. RESOLUTIONS
THE FOLLOWING RESOLUTIONS, NUMBERED 14-2 THROUGH 14-20, WERE ADOPTED BY A CONSENT AGENDA, WITH ONE VOTE BY THE VILLAGE COUNCIL, AND WERE READ BY TITLE ONLY:
10. COMMENTS FROM THE PUBLIC
Mayor Aronsohn stated that they would again have comments from the public and asked anyone wishing to address the Village Council to come forward. There were no comments from the public, and Mayor Aronsohn closed the time for public comment.
11. RESOLUTION TO GO INTO CLOSED SESSION
The following resolution, numbered 14-21, to go into Closed Session, was read in full by the Village Clerk, as follows:
12. ADJOURNMENT
There being no further business to come before the Village Council, on a motion by Councilman Riche, seconded by Councilman Pucciarelli, and carried unanimously by voice vote, the meeting was adjourned at 8:34 P.M.
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Paul S. Aronsohn
Mayor
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Heather A. Mailander
Village Clerk
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