Ridgewood February 6, 2013 THE VILLADOM TIMES II • Page 3 Gabbert: NBCUA stipend acceptance is legal by John Koster Ridgewood Village Manager Ken Gabbert said in an exclusive interview on Jan. 31 that his decision to accept a stipend from the Northwest Bergen County Utilities Authority was entirely legal based on the decision of a judge. Gabbert’s decision to accept a $5,000 stipend as a commissioner came into question last week when the Bergen County Board of Chosen Freeholders overturned by a 6-1 vote Bergen County Executive Kathleen Donovan’s attempt to veto the Jan. 8 NBCUA minutes. Donovan’s veto was the latest in a series of moves she has made since taking office in 2011 in an effort to stop the commissioners from accepting stipends and health benefits. In April, 2012, she sent seven NBCUA commissioners dismissal letters. In June, Bergen County Superior Court Judge Alexander Carver III ruled the dismissed commissioners could retain their jobs, compensation, and benefits, finding that Donovan had acted beyond the scope of her authority when she attempted to fire the commissioners for refusing to stop accepting their medical benefits and $5,000 stipends. Judge Carver also overturned Donovan’s vetoes of the authority’s minutes. Donovan’s appeal of Judge Carver’s decision is pending. Before Judge Carver rendered his decision, the Bergen County Board of Freeholders voted unanimously to halt pay and benefits to future NBCUA commissioners, thereby rescinding a 1979 ordinance. However, freeholders contended -- and Gabbert separately agreed -- that stipends cannot be eliminated in the middle of an appointed term, as Gabbert’s stipend would have been had he accepted the attempt to relieve him of the stipend he accepted when he took the appointment. “Judge Carver, as I recall, allowed the utilities authority payment of the stipend to commissioners appointed prior to a specific date in 2012,” Gabbert explained last week. “I was appointed prior to that date and was so advised by the utilities authority counsel, and I elected to receive the allowed and approved stipend. For appointments after that date, Judge Carver agreed, again as I recall, that formal action of the county freeholders had removed the stipend to future appointees.” The Ridgewood Village Council’s bid to adopt an ordinance requiring a $700-a-year fee for a designated dangerous dog drew a polite critique from a long-term resident who is also an expert on dog behavior. “Generally it’s not the dog that’s the problem,” said Jeffrey Ball. “It’s the owner. Education is the most important thing.” Ball said that he is a member of the New Jersey Federation of Dog Clubs, and that he volunteers to train therapy dogs for hospitals and for library Read to a Dog programs such as the program at the Ridgewood Library. “It’s a hobby of mine,” Ball told the council at last week’s work session. “I don’t make a dime out of it. It has probably cost me thousands of dollars.” He added, “A true dangerous dog is a problem and needs to be dealt with, but raising a fee is not the answer...increasing the dog license is not going to affect your liability (for suits if a dog attacks someone Dog fee sparks resistance in Ridgewood).” Ridgewood Village Manager Ken Gabbert explained to Mayor Paul Aronsohn and the council that the initiative for an increased licensing fee for designated dangerous dogs started last year after a local incident came to the administration’s attention. “We had an incident in December in which a dog owner and dog were before the court to be designated as a possibly dangerous dog,” Gabbert explained. Mayor Aronsohn and council members said they would receive more input for study before the adoption vote on Feb. 13. The council’s goal was to be fair to both the residents and to the majority of dogs that pose no problems. “This is a pet-friendly town,” said Councilwoman Gwen Hauck. “We love our dogs.” J. KOSTER Gabbert, a former mayor of Upper Saddle River, said he understood the need for cost cutting at the county level, but that his legal right to the stipend -- actually about $4,200 rather than the reported $5,000, he said, and with no health benefits -- had been established by a judge’s decision. “I support the county executive’s task to reduce expenses and believe there is common ground for the executive and the utilities authority to resolve the budgetary issues by discussion and within the rules of the court,” Gabbert added. Last year, the county counsel’s office filed a lawsuit to recover the compensation paid to the seven commissioners since November 2011. The commissioners were charged with accepting the stipends and health benefits despite Donovan’s vetoes, which were upheld by the New Jersey Division of Local Government Services. The NBCUA’s suit in front of Judge Carver challenged Donovan’s vetoes and her right to fire the authority’s commissioners. Republican Freeholder Maura DeNicola of Franklin Lakes cast the only vote in support of Donovan’s veto last week. Republicans John Mitchell and John Felice joined Democrats David Ganz, Joan Voss, Steve Tanelli, and Tracy Silna Zur in opposing the veto.