Politics & Government

VIDEO: Aronsohn, Riche Have Heated Exchange Over Village 'Shakedown' of Businesses

The two squared off on the justification for the "sidewalk cafe" ordinance permit fee at Wednesday council meeting

Two village council members had a heated argument on Wednesday night over whether an amounted to a "shakedown" of some village business owners. A war of words at the council meeting led Deputy Mayor Tom Riche to ask that the record reflect he was "offended" by Councilman Paul Aronsohn's remarks.

A controversial subject in town, recent discussions have produced a proposal to significantly increase the permit fees business owners would have to pay in 2012, should they have outdoor dining.

Deputy Mayor Riche said that the permit fees haven't been raised in eleven years, and although a move to increase them in 2012 may seem significant, it's in line with inflation. In his view, Riche said Wednesday night at the council work session, the proposed fees (ranging from $100 to $500 depending on how many tables are permitted, roughly double what they are now) are not exorbitant and he remarked some business owners have told him they can make it back "in one night."

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Councilman Aronsohn, however, questioned the impetus of the ordinance in the first place.

"If you have an outdoor cafe you have to pay a fee to the village, whether it's on public property or private property," he said. "I really believe the distinction should be drawn between the two. If someone has private property that they're already paying taxes on, they shouldn't be made to pay a fee on top of that at the same time."

"If you want to have a garage sale in this town, you pay taxes and you also pay a fee for that garage sale permit. So that doesn't carry in terms of whether taxpayers should pay fees or not," Riche said in rebuttal.

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Aronsohn, who serves as the liaison to the Ridgewood Chamber of Commerce, said a fee would be appropriate if there were some expense-public or private–to the village, and was open to a suggestion by Riche that should a change be made to the ordinance, an "escalation clause" be made to keep rates consistent over the years.

"But we still have to figure out what the basis, the substantive reason behind these fees is in the first place," he said, citing recent discussions that the costs would offset police officers stationed downtown and/or the health department.

"But just to raise a fee for the sake of raising a fee, I'm uncomfortable with that," the councilman said. "There has to be justification," and with businesses hurting, he wanted the council to fully examine the issue.

Riche shot over saying he was "not at all uncomfortable raising fees."

"You may be uncomfortable about raising fees, but I'm not," he said in what began the tense clash.

"We don't want to just shake people down for the sake of getting additional money for the village. There has to be some reason," Aronsohn said from the dais before Riche shouted over, "I'm offended!" and the mayor called for order.

Aronsohn said the council owed it to the business owners and residents "to get it right."

Riche concluded the debate by saying he wanted to go on record as saying, "This council doesn't shake any resident or taxpayer down. And that's an offensive term. I really take offense to it."

What's yours is mine?

Mayor Keith Killion, who acted as a mediator of sorts Wednesday night between the two warring council members, had several questions as to what was village property, what was in the right-of-ways and what was strictly private property. Councilwoman Bernadette Walsh echoed the same points of confusion.

Some of the businesses in question were La Piazza, which has a seating area in a courtyard in the front of the business, cordoned off to the sidewalk by a brick wall; Baumgarts, which has seating on the second floor and was agreed to be a "private" area; and the new East Coast Burger Company, in the spot of the former Fairway Dodge, which would feature tables near the sidewalk when built.

Village Attorney Matt Rogers said a determination of property lines could be done by finding records at the Engineering Department, should a particular property be in question. Riche said it was his belief the prior ordinance–which he largely authored in 2001 while a council member–"already addressed" what constituted private property.

He suggested the council not make a change to allow exemptions for private businesses. "There are several thousands in revenue," he said of that pot.

Still, the council instructed Village Clerk Heather Mailander to dig up old meeting minutes to help guide the council in determining if the ordinance as originally constructed specified land use constraints. The Village Manager, Ken Gabbert, and Engineering Department may also participate to help clear confusion and Killion said he hopes something can be etched out by the end of summer, though Wednesday's meeting cast doubt on the likelihood.

Recently, the village has also stepped up enforcement efforts to ensure businesses allow for 52 inches of egress for pedestrians, threatening fines at a time business owners say they can least afford it. Some in the business community have called the enforcement "arbitrary" and the approach, "combative."

"The village would get a lot more compliance if it took the time to speak with [the owners] in a civil manner," one restauranteur, speaking on the condition of anonymity out of fear of retribution, told Patch on Thursday.

"Business is hard enough right now. Throwing your arms up, screaming and making demands isn't doing anyone any good. If you're going to try to fine us for every thing imaginable, at least talk to us like people," he said.

The council will likely carry the continuing sidewalk cafe ordinance discussion to its next work session.

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