October Council Meeting
Hello Ringwood!
We hope this message finds you well and enjoying all the sights, smells and fun that the season of Fall has to offer! On Tuesday, October 17, 2023 we had a meeting of the Mayor and Council! It was an extremely well attended meeting and there was so much information to cover!
Many residents had questions about the affordable housing obligation, and we tried to answer those questions in depth. It is always easy to be a Monday morning quarterback. In 2017, this massive case had just begun where the state mandated every municipality had to provide for low income housing. Many municipalities were faced with having to bond to pay for this onerous responsibility. Highland’s legislation DOES NOT protect the municipality against this court mandated order. More than 5 years ago, the council was required to provide proof that there were other options besides Mr. Pagano’s high density housing plans had been submitted to the Borough of Ringwood since 2002. For those of you that don't know where Mr. Pagano’s property is, its wooded property immediately adjacent to and downhill of the Stop and Shop parking lot that goes all the way down to the doctor's office opposite Cannici Drive by Goldbergs. Everyone agreed that putting hundreds of high-density units on Mr. Pagano’s property, which has steep slopes, wetlands, and environmental constraints, would be detrimental to our community. His proposed development required approximately 40-foot-high retaining walls to hold up his development-what an eyesore that would be coming up Skyline Drive. So, the council was faced with coming up with alternatives to Mr. Pagano’s plan for the court case because if we didn't show proof- the judge could easily bang the gavel and make the decision that Mr. Pagano can move forward with his plan with no input from the community.
The council was also facing a failing shopping center that needed revitalization. Why would you want to create more retail space and housing on a wooded lot and not solve the problem at the shopping center? Those were the difficult decisions faced in 2017. Constantly looking for another option in 2019, our planners and attorneys came up with another solution to provide for our affordable housing obligation.
On November 12th, 2019, the plan was presented to the entire council because we had to submit a revision to our existing plan. Mr. Clemack reported on the developments occurring in the affordable housing litigation. He stated we have reached an impasse with Pagano who is trying to have a hearing next month. Our planner, Jessica Caldwell suggested we add to the housing plan an area of Greenwood Lake Turnpike to our inclusionary zone as illustrated on the maps that were provided to the council. This would be in addition to the shopping centers previously included and this would result in 65 more units of which 13 would be low and moderate income. The previous totals for the two shopping centers were about 160 units of which approximately 33 units would be low and moderate housing. Mr. Clemack advised that Mr. Dunn was in support of this new plan and in his authority from the council to move ahead and submit the plan to the court.
The motion to submit the new plan to the court was made by Councilperson Noonan, seconded by Councilperson Ferretti, Mayor Martucci abstained, Councilpersons Noonan, Bolton, Davison, Ferretti and Speer all voted yes and Councilperson O'Keefe was absent. It was a bipartisan resolution to submit a housing plan to the court including the shopping center and was supported by both parties. ( Resolution 219-216)
facts matter.
In 2021, a judge required that we try to mediate a settlement to avoid going to trial. Many discussions occurred during the mediation No settlement was ever reached by all the parties. Keep in mind, the borough has a requirement to negotiate in good faith as part of the court order.
In January 2023, the Borough Manager did state that our affordable housing settlement is likely to be resolved in the coming months. That was accurate. We had new members on the council who had not been involved in the case previously and wanted an update on the affordable housing case. In that update the New Council Members were advised that the court had ordered that that we provide the framework for settlements with all the parties on a conceptual level and we work out the finer details of the plan later. The council was advised that going through all these motions to write a low and moderate housing ordinance that would never come to fruition due to the environmental constraints and the unlikeliness that the sewers could ever be constructed. All the settlement conferences were subject to the availability of water and sewer, that's all it said. We brought in a sewer consultant to show the court that development along Skyline Drive wasn’t going to work. The sewers would be too costly if they could ever get DEP approval. The court and the people in the court were not happy that we moved forward with those studies to prove that sewers couldn't be a cost effective solution therefore eliminating the possibility of sewering the entire area- mainly because of the requirement of groundwater recharge that the NJDEP now requires. That was the turning point in this case.
Our frustration lies in the fact that while we were in court protecting Ringwood, some residents took the opportunity of a litigation gag order placed upon us to try to convince residents that the council was intent on forcing high density housing on the borough. Let’s be clear, the only property owner trying to force the Borough to accept high density housing is Mr. Pagano. The misinformation spread on this subject is awful. We have heard that a petition was circulated to oppose high density housing and that is what stopped it. NO PETITION was ever submitted to the Mayor and Council or the Borough Clerk. FACTS MATTER! Dividing our community for political gain is not ok!
Folks, there is no high density housing on Skyline Drive- we would suggest that all of our efforts over the last eight years were not a waste. Once Pagano tears down the wooded steep slopes and builds a 40-foot-high retaining wall, and constructs hundreds of units of high density housing, it will be there forever. After the discussions in January, February, March, and in April we authorized a land use attorney to draft resolutions that we could present to the court altering the housing plan.
After advising the court, fair share housing and the intervener Pagano we passed a resolution eliminating any housing from Skyline Drive and provided alternate sites. Court and mandated mediation is complex and it's a process that takes a strategy laid out by attorneys and professionals to defend your position. If we didn't represent the town and go through this process, there would be hundreds of units built by Pagano of four story apartments downhill from the Stop and Shop shopping center now. Fortunately, this council and the previous council have been committed to ensuring that we, the Borough of Ringwood, manages any affordable housing obligation and not the court.
There were also questions about the Highland’s Act and if we worked with them. In the June 2023 Highland’s Council Monthly Report they highlighted that the Borough of Ringwood had submitted an SOW (Scope of Work) to complete an Environmental Resource Inventory (ERI), which was reviewed and approved by staff. In the August 2023 Highland’s Council Report Ringwood was again highlighted that they had approved scopes that the town applied for an Area in Need of Redevelopment (ANR) which is part of a larger Sustainable Economic Development Plan that we are working to complete. In a Memorandum from the Highland’s Council dated June 23, 2023 from Benjamin Spinelli, Executive Director, it discusses how Ringwood should have been receiving an estimated $224,848 yearly in a watershed moratorium aid that is received by other towns, but when we were signed into the Highland’s Act somehow we were skipped.
We have been fighting to get that aid that we are entitled to for preserving the watershed. We take the position that we are owed payment in perpetuity for preservation in perpetuity and will not stop fighting or waiver from this stance.
Upcoming Events:
Thank you to the Hunger Walk Committee for everything that you do for our community for those in need. The Hunger Walk is on November 5th at 1pm at the Lakeland Track.
In New Jersey, October is First Responders Month. We would like to take a moment to thank all of our first responders as well as our volunteers.
Our Trunk or Treat has been rescheduled for Saturday, October 28th instead of this Saturday due to the upcoming weather forecast.
Our hometown hero banner program is on our second round of applications. If you know a veteran that you would like to honor, please contact Mr. Ryan LaCorte. The cost of the banner including hardware, but not including labor to put them up is $195. We ask residents for $50 for each banner. However, if you would like to make a donation to pay for a Veteran’s banner, you can.
Our second annual Veterans’ Salute is on Thursday, November 2nd at Ryerson School at 6pm. We are also having an essay contest that is open to all 6th, 7th, and 8th graders. The winner will be able to read their essay at the Veterans’ Salute. Please see ringwoodnj.net for more information.
We are sorry this was a long one but it will be available on recording in the event you are unable to read it. Have a happy and safe Halloween! We will see you in the community!
Warm Regards,
