20190306 Village Council - Special Public Meeting

A SPECIAL PUBLIC MEETING OF THE VILLAGE COUNCIL OF THE VILLAGE OF RIDGEWOOD HELD IN THE SYDNEY V. STOLDT, JR. COURT ROOM OF THE RIDGEWOOD VILLAGE HALL, 131 NORTH MAPLE AVENUE, RIDGEWOD, NEW JERSEY ON MARCH 6, 2019 AT 7:30 P.M.

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

Mayor Hache called the meeting to order at 7:49 P.M. and read the Statement of Compliance with the Open Public Meetings Act.  At roll call the following were present: Councilmembers Knudsen, Sedon, Voigt, Walsh, and Mayor Hache.  Also present were Matthew Rogers, Village Attorney; Heather Mailander, Village Manager/Village Clerk; and Donna Jackson, Deputy Village Clerk. 

2. PUBLIC HEARING – #3704 – Amend Chapter 156 – Outdoor Café Ordinance

Mayor Hache moved the Clerk read ordinance 3704 by title on second reading and that the public hearing thereon be opened.  Councilman Sedon seconded the motion.

Roll Call Vote

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

NAYS:            None

ABSENT:        None

ABSTAIN:      None

The Village Clerk read ordinance 3704 by title:

AN ORDINANCE TO AMEND ARTICLE VIII OF CHAPTER 156 OF THE CODE OF THE VILLAGE OF RIDGEWOOD, FOOD AND FOOD HANDLING ESTABLISHMENTS, AT “ARTICLE VIII”

Mayor Hache announced that the Public Hearing was open.

Paul Vaggianos, 280 Rivara Court, stated that he wanted to point out one sentence in Section D of the revised ordinance which is the same as the old section D, but may prove problematic in enforcement.  On the third sentence regarding the moveable barrier, the problem is that if you picture Daily Treat, the barrier is exactly what they are talking about here, but if you picture any of the sidewalk cafes that have tables adjacent to the curb, now you have one row of tables as opposed to a cluster of tables and according to this you must put a barrier between those tables and the sidewalk.  He stated that he didn’t know if that was the intent of this statute as it has never been enforced that way.  Mr. Vaggianos stated that with cars along the curb, many restaurants will want to put a barrier there, and if they also have to put a barrier on the sidewalk side, it will be difficult to utilize those tables.

Councilwoman Knudsen stated that the barrier can’t be closer than 30 inches if there is parallel parking.  Mayor Hache stated that the way it is written, it seems as if they are requiring a barrier on the right of way in the middle of the sidewalk on both sides, but that was just lifted from the old ordinance. 

Mr. Vaggianos stated that this was written when Fratelli’s had the only outdoor café in town and you needed some kind of a barrier there, but this is before people started putting tables curbside.  He added that they are getting careful about enforcement, but he just wanted to make sure that in enforcing this, there is no confusion and this is the intent of the Village Council.  The sidewalk cafes on Broad Street that maintain a 52 inch walkway, many of them have tables on the curb side, but nobody has a barrier between the tables and the pedestrian walkway.

Councilwoman Knudsen asked Ms. Mailander if the plans had to be submitted to the Building Department and then the plans have to be approved, so the interpretation of what is being discussed would be understood by the Building Department at this time.  Ms. Mailander agreed and stated that she didn’t think that the Village Council intended that there has to be a barrier along the sidewalk side, and there haven’t been in the past.  So, she doesn’t believe that is the intent, and if that is the case they will continue as they have going forward, as long as the Village Council is amenable to that.

Mayor Hache stated that as long as it is per the approval of the submitted plan, then he thought it was fine.  Mr. Rogers stated that to accommodate this, they can continue the enforcement in the way that it has been done but they can also think of some wording to clear it up.  Ms. Mailander stated that they do have another amendment next week for these outdoor cafes, so if Mr. Rogers wants to come up with some wording, they can put it in that amendment and then it will be incorporated.

Mr. Vaggianos stated that would be terrific, adding that recently with renewed enforcement he has no problem with strict enforcement and it is better for those that abide by the café ordinance.  Sometimes there have been parts of the ordinance that have been brought out that very few people are aware of because it is being strictly enforced, even though it has always been like this in the past. 

There were no additional comments from the public and Mayor Hache moved the Public Hearing be closed.  Councilman Sedon seconded the motion.

Roll Call Vote

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

NAYS:            None

ABSENT:        None

ABSTAIN:      None

Councilwoman Knudsen moved that ordinance 3704 be adopted on second reading and final publication as required by law.  Councilman Sedon seconded the motion. 

Roll Call Vote

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

NAYS:            None

ABSENT:        None

ABSTAIN:      None

Councilman Voigt asked for a clarification on the ordinance, as there were no dates as to when it would be opened and closed.  Ms. Mailander stated that was the next amendment.

There was a question from the audience regarding when the ordinance would become effective.  Ms. Mailander stated that this ordinance was adopted this evening, the new one would be adopted in April, but whatever is in that ordinance will be allowed prior to the issuance of the outdoor café permits even though it is not finally adopted because the majority of the Village Council is in agreement.  Anything that is in that ordinance will be permitted.

3. RESOLUTION

THE FOLLOWING RESOLUTIONS, NUMBERED 19-61 THROUGH 19-63, WERE ADOPTED BY A CONSENT AGENDA WITH ONE VOTE BY THE VILLAGE COUNCIL, AND WERE READ BY TITLE ONLY:

4. ADJOURNMENT

There being no further business to come before the Village Council, Councilman Sedon made a motion to adjourn, seconded by Councilwoman Walsh, and carried unanimously by voice vote, the Village Council’s Special Public Meeting was adjourned at 7:58 P.M.

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                                                                                   Ramon M. Hache, Sr.                                                  

Mayor                        

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              Donna M. Jackson

           Deputy Village Clerk