20220223 - Village Council Public Workshop Minutes
A REGULAR PUBLIC WORK SESSION 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, RIDGEWOOD, NEW JERSEY, ON FEBRUARY 23, 2022 AT 7:30 P.M.
1. CALL TO ORDER – OPEN PUBLIC MEETINGS ACT – ROLL CALL – FLAG SALUTE
Mayor Knudsen called the meeting to order at 7:31 P.M. and read the Statement of Compliance with the Open Public Meetings Act. At roll call the following were present: Councilmembers Perron, Reynolds, Vagianos, Sedon, and Mayor Knudsen. Also present were Heather Mailander, Village Manager/Village Clerk; Eileen Young, Deputy Village Clerk; and Matthew Rogers, Village Attorney.
Mayor Knudsen led those in attendance in the Pledge of Allegiance to the flag. There was a moment of silence for all men and women serving our nation, all first responders, and all victims of violent crimes.
2. COMMENTS FROM THE PUBLIC
Ann Melone, 134 Foster Terrace, said that she was speaking on behalf of the League of Women Voters of Ridgewood. She once again urged the Village Council to adopt hybrid access to Village Council meetings or at least place the subject on the agenda and vote on it. She mentioned that it is very difficult for many people to attend meetings in person, and there are many people who wish to call in from home. Ms. Melone indicated that residents are able to do this at Board of Education meetings.
Ms. Melone indicated that the League of Women Voters wanted to address the timeliness of the posting of minutes on the Village website. On January 14, 2019, the League wrote a letter to the Village Council advising that the Open Public Meetings Act (OPMA) requires public bodies to make meeting minutes “promptly available” to the public, citing N.J.S.A. Chapter 10, Sections 4-14. In that letter, they also noted that the New Jersey Supreme Court has written that the term “promptly available” signals to public bodies “the Legislative expectation that the release of minutes must be considered a priority, an obligation, and not a nuisance to be addressed when convenient.” In Kane Federation of Teachers vs. Morelle, 233 N.J. 566, 2018, the Court stated that a five-month delay was unreasonable.
Ms. Melone noted that the Board of Education releases its minutes within one week of its meetings in a user-friendly format. In that letter, the League requested that the Village Council make all minutes available to the public within 45 days of a meeting in order to comply with OPMA.
Ms. Melone stated that the League of Women Voters sent a follow-up letter on December 5, 2019, because minutes were still not up to date, and again on February 9, 2022, after Mayor Knudsen stated at a meeting that prompt posting of minutes was not required by OPMA. Ms. Melone stated that as of February 3, 2022, the Village Council has not posted minutes since January of 2021. She concluded by restating her request that all minutes be made promptly available to the public.
Erica Dunckley, 251 Ivy Place, said she has lived in Ridgewood for 28 years and is also concerned about the public’s accessibility to Village Council meetings. She thanked all members of the Village Council, stating that she is sure it is “not an easy job.” When there was remote access to the meetings during Covid, the allotted time for comments (40 minutes) was completely filled with comments. She feels that residents really appreciated being able to share their feelings and concerns. It gave people a sense of belonging and that they had a “share” in what was going on in the Village. She stated that while she is able-bodied, there are many people in Ridgewood who are not and who cannot physically attend meetings (older people, people who cannot drive, people with disabilities). She feels that it is very important that everyone be able to make comments at Village Council meetings.
Siobhan Crann Winograd, 274 Ivy Place, stated that she was once again speaking about hybrid access, which has been supported by hundreds of people in various organizations or individually. She said that this was a “curious thing” for the public to be pushing, and all the talk and comments about reinstating hybrid access has distracted everyone from more important issues, such as the quality of Ridgewood’s water. She said that residents are getting the message, through Village Council resistance to reinstating hybrid access, that the Village Council “just doesn’t want to hear from people.” Ms. Crann Winograd stated that this sends a terrible message to the disabled community. She stated that the Village Council’s refusal to put this matter on the agenda seems to be “antagonizing” the public.
Ms. Crann Winograd said that the topic of hybrid access was discussed once in September of 2021 and that it was never voted upon. She is not even sure of the reasons for the denial. She thought that the addition of Councilman Vagianos to the Village Council, public outcry, and “basic moral decency” would have warranted that this issue be placed on the agenda. She questioned whether the members of the Village Council could “self-regulate.” She feels that if a Councilmember requests that a matter be placed on the agenda, the other Councilmembers should support that other member, even if they intend to vote “no.” She said that the Village Council is not a “majority bloc,” which is antithetical to Ridgewood’s form of government. The Village Council is a “Council of equals,” and this matter should be placed on the agenda as requested by both Councilmembers Perron and Vagianos. She feels that a vote on hybrid access should be made a matter of public record.
Rurik Halaby, 1 Franklin Avenue, stated that the HealthBarn “nightmare” is over and he thanked its many passionate supporters and the handful of people who worked so hard behind the scenes to “get to the finish line.” He thought it would be appropriate for the Village Council to pass a Proclamation thanking Stacey Antine for all her hard work over the past five years and to wish her good luck over the next five years. Mr. Halaby stated that the Proclamation should also apologize to Stacey Antine for what she has had to endure these past 15 months. No business in Ridgewood should be subjected to what Stacey experienced. The Lease has been signed by all parties and everyone should “move on.” However, Mr. Halaby indicated that if the Village Council has not learned from their mistakes, they most likely will make the same mistakes again. He said that the length of time leading up to the signing of the lease by Village officials is perplexing to him. He spoke about missing documents and admitted that he may not have all the facts, but he couldn’t understand why it took Village officials ten days to finally sign the lease.
Mr. Halaby indicated that the intersection of East Ridgewood Avenue and Broad Street is one of the most dangerous intersections in Ridgewood. It was the site of an unfortunate accident on Monday, February 21, 2022. He urged the Village Council to install a four-way stop sign at that intersection. He has spoken to many people who have told him about the difficulties in getting this accomplished. Despite this, Mr. Halaby urged the Village Council to “just get it done.” This section of the CBD needs to be made safer for pedestrians.
Mr. Halaby addressed the issue of hybrid meetings, stating that some Councilmembers indicated they heard from scores of people voicing their objections to the reinstatement of hybrid meetings. However, no names have ever been set forth.
No one else came forward for public comments and Mayor Knudsen closed the public portion of the meeting. Mayor Knudsen indicated that meeting minutes are approved in a prompt manner, are always available in the Village Clerk’s Office, and are compliant with the law. She acknowledged that the minutes should be posted on the Village website in a more timely manner and they are working to accomplish that goal. She reiterated that she wanted to be very clear that the requirement is to have the minutes approved, which they are, and they are always available as required by law in the Village Clerk’s Office.
3. MANAGER’S REPORT
Ms. Mailander announced that the Ridgewood Arts Council and Project Pride are both looking for volunteers to serve. The deadline to apply is February 25, 2022. She asked any interested residents to click on the tile on the Village website entitled “Employment and Volunteer Opportunities,” to locate the Citizen Volunteer Leadership form. A cover letter and resume (or biography) should be submitted, along with the form to Deputy Village Clerk, Eileen Young, by February 25, 2022.
The annual Budget Meetings are held in the Sydney V. Stoldt, Jr. Courtroom. The next two Budget Meetings are scheduled for February 25, 2022 and February 28, 2022 at 5:00 P.M. These meetings will also be televised on FIOS Channel 34 and on YouTube. The public is encouraged to attend these meetings where Department Directors explain various aspects of their budgets.
Due to increased requests from senior residents for rides to the Wyckoff ShopRite, bus rides will be increased to include the second and fourth Wednesdays of each month on a trial basis. This service is free for Ridgewood seniors. Reservations are required by calling the Village Manager’s Office. This service will be evaluated at the end of May to determine if it is providing the intended purpose.
Ms. Mailander stated that for over 70 years, Jamboree has presented an original musical show to raise money for college scholarships. In past years, they have traditionally offered free tickets to senior citizens. This year, senior citizens are invited to enjoy a free dress rehearsal on March 2, 2022 at 7 P.M. at the Benjamin Franklin Middle School. Interested seniors should call the Senior Bus Dispatcher at the Village Manager’s Office to reserve a free ride on the bus.
The 34th Super Science Saturday Fair will be held on March 5, 2022 from 10:00 A.M. to 1:00 P.M. Anyone interested should visit supersciencesaturday.org for details and to view this interactive, live-streamed virtual event.
Ms. Mailander announced that there are some new children’s programs. Rocking Music Workshop for Kids is for grades K-1, where students will learn the fundamental concepts such as the musical alphabet, notes on the piano and basic rhythms. The baby grand piano in the Community Center will be used for this program. Each child will learn to play a full song on the piano by the end of their musical journey which begins on March 21, 2022 from 3:45 to 4:30 P.M.
Ms. Mailander indicated that there is a new program for senior residents called “Seated Tap Dance with the Joy of Motion,” which will start on Friday, March 11, 2022 from 9:30 to 10:15 A.M. Ms. Mailander indicated that interested residents can register for these and other programs on the Village website at ridgewoodnj.net/communitypass.
Tennis and pickleball memberships for 2022 are on sale at The Stable and must be renewed from the prior year. If a resident did not receive a yellow membership badge in 2021, they must have their picture taken and badge printed for 2022 at The Stable, Monday through Friday, 8:30 A.M. to 4:30 P.M. Ms. Mailander encouraged residents to sign up for E-notices on the Village website to stay informed about Village events and to receive timely notifications.
Village Council meetings are broadcast live from the Village Hall Courtroom on the Village website, Channel 34 on FIOS, and YouTube. Upcoming Work Sessions are scheduled for March 2, March 23 and April 6, 2022 beginning at 7:30 P.M., and the next Public Meeting is scheduled for March 9, 2022 at 8:00 P.M. All of these dates are listed on the Village calendar.
4. COUNCIL REPORTS
Councilwoman Perron announced that the Central Business District Advisory Committee (CBDAC) met and received updates from the Citizens Safety Advisory Committee (CSAC) Liaison and from Ridgewood commercial property owners group. CBDAC has a subcommittee which will be looking at the pedestrian tunnel underneath the train tracks to determine if it needs “rejuvenation.” The next meeting of CBDAC is scheduled for March 10, 2022 via Zoom at 8:30 P.M. and the public is welcome. Interested residents should contact Councilwoman Perron for the link in order to attend the virtual meeting.
Councilwoman Perron reported that there are three proposed projects locally which could affect Ridgewood residents. In Paramus, at the corner of Ridgewood Avenue and Paramus Road, what used to be a nursery is going to become a CVS drive-through and a restaurant. It is being proposed that the historic house on that property be moved westward. A public hearing concerning this matter will be held before the Paramus Planning Board on March 3, 2022 at 7:00 P.M. at Paramus Borough Hall, 1 West Jockish Square.
In addition, the owner of 432 Grove Street in Glen Rock is applying to the Glen Rock Zoning Board to use the property for parking and storage of landscaping vehicles (trucks, trailers, and equipment) and to conduct soil-moving activities. This application will be heard via Zoom on March 2, 2022 at Glen Rock Borough Hall at 7:30 P.M.
Lastly, in Ho-Ho-Kus on North Maple Avenue, there have been a lot of buildings demolished and there is an application to construct a mixed-use building with 67 residential units. This will be heard on February 28, 2022 at 7:00 P.M.
Councilman Vagianos reported that the Stigma-Free Committee met last week and discussed the newly named “Lifestyle Challenge.” The Health Department has held this event for the past several years, and it begins on April 7, 2022. It used to be called the “Weight Loss Challenge,” but they decided to expand the scope of the program to include healthy lifestyle changes which individuals can make in their lives. The goal is simply to get people moving and to eat healthier. He encouraged everyone to participate. Anyone interested should contact the Health Department for details.
Councilman Vagianos indicated that the Parks and Recreation Committee met on February 22, 2022 and discussed a policy question which he is going to ask to be placed on the agenda. He mentioned that some committees have members who are either not interested or too busy to attend meetings. This sometimes presents problems with attaining a quorum and recruiting productive members. The committee recently interviewed many qualified people for openings on the committee, as many as six people for each opening. Councilman Vagianos proposed that if a member of a committee misses 30% of the meetings, over a period of time, that member would be contacted and eventually replaced by a new member, with the approval of the Village Council.
Councilman Vagianos mentioned that the fields in Ridgewood are overused, exacerbated by recent flooding issues. The Fields Committee is seriously considering postponing the opening of the spring season at Vets Field and Citizens Field until April 15, 2022 because these fields are being reseeded and the seeds need time to “take hold” so that the fields can withstand another season. That decision will be made on March 1, 2022 by the Fields Committee at 7:00 A.M. He will keep everyone informed.
Councilman Vagianos next spoke about hybrid access. He indicated that reinstating hybrid access would allow everyone to participate. One objection to this reinstatement has been the cost. Councilman Vagianos spoke with Mr. Dylan Hansen in the IT Department, and he was informed that the Village has the technology to reinstate hybrid access at any time. The additional cost to do so would be approximately $7,000.00 to $8,000.00 a year, according to Mr. Hansen. Councilman Vagianos considers this to be a “nominal cost,” given the amount of public access it would afford Village residents.
At the request of his Village Council colleagues, Councilman Vagianos stated that he reviewed the September 22, 2021 meeting wherein the issue hybrid access was discussed. He quoted Mayor Knudsen as saying, “I need a little more time to think about this.” He asked that this matter be placed on the agenda for a vote. He will respect any decision which is made by a majority of the Village Council. Councilman Vagianos mentioned that the Library allows hybrid access for their Board Meetings and that it is extremely successful and very well received. At a minimum, Councilman Vagianos suggested a pilot program for hybrid access to see how it works.
Councilwoman Reynolds stated that the Planning Board met on February 15, 2022. Heyer-Gruel presented their findings for Ridgewood’s Master Plan. The presentation covered downtown economic development, land use, circulation, sustainability and green building, community facilities, recycling, utilities, and historic preservation. Councilwoman Reynolds indicated that it was a great meeting, very thorough and comprehensive. For anyone who missed it, the meeting has been posted on RidgewoodVillageMP.org and it has been requested that it be posted on the Village website. The next Planning Board meeting to discuss the Master Plan is scheduled for April 5, 2022.
The Citizens Safety Advisory Committee met on February 17, 2022; however, Councilwoman Reynolds was not able to attend that meeting since she had to attend the Special Budget Meeting held that same night. However, she reviewed the minutes. Three new members were appointed and welcomed to the committee. The planned sidewalk and roadway improvement projects from the Safe Routes to Schools grants are anticipated for construction in 2022, contingent upon New Jersey Department of Transportation (NJDOT) approvals for release of the funds.
Councilwoman Reynolds indicated that the West Glen Avenue and North Monroe Street signal project is expected to be completed in 2022. The pedestrian-actuated signal at West Glen Avenue and Hillcrest Road has been completed. The sample banners for Smart Street New Jersey, intended to be displayed in approximately 12 locations along East Ridgewood Avenue, were reviewed. These banners will also be presented to the Village Council prior to their targeted installation date of March or April of 2022. A previously submitted proposal from one of the new members, Mr. Prieto, was positively praised, along with his statement that “we must keep the continuous improvement conversation going.” He is extremely concerned with pedestrian safety.
A Zoom discussion by Age-Friendly Ridgewood regarding sidewalk bicycle riding safety will be scheduled. Anyone interested in joining the discussion should contact Age-Friendly Ridgewood or Sheila Brogan. A date has not yet been set for this discussion.
Councilwoman Reynolds indicated that a Ridgewood resident has suggested additional pedestrian-actuated signals in the CBD; specifically, at East Ridgewood Avenue and Broad Street, and at Oak Street. This resident reported seeing frequent occurrences of northbound Broad Street drivers failing to stop for pedestrians, particularly in the north crosswalk at East Ridgewood Avenue. There was a tragic accident earlier this week at that intersection. Councilwoman Reynolds feels that the Village Engineer should get involved to see whether a pedestrian-actuated signal would help at that intersection. The next CSAC meeting is scheduled for March 17, 2022.
Mayor Knudsen introduced Sophie Miller, Ridgewood’s new “TAPinto” reporter. The Historic Preservation Commission (HPC) met on February 10, 2022. They welcomed two new commission members. The commission heard applications for new and exciting businesses, including Envy by Melissa Gorga at 7 East Ridgewood Avenue, Fitometry Health Club at 129 South Broad Street, Borrow Baby at 80 East Ridgewood Avenue, and Bally Salon at 109 East Ridgewood Avenue. The commission also reviewed one residential application. There was review and discussion regarding the draft historical element of the Master Plan, led by Diane O’Brien. Integral to the discussion was establishing an understanding of the criteria for both historic homes and historic districts.
Mayor Knudsen indicated that many historic homes in Ridgewood have been razed and, in some cases, some historic neighborhoods have been demolished. As a result, some homes in Ridgewood will no longer qualify as either historic structures or historic districts, which Mayor Knudsen said is a terrible loss for Ridgewood. The HPC will make a recommendation to place a pause on demolition permit applications before the Zoning Board, pending a review by the HPC. This would also apply to exterior renovations of historic structures, regardless of the need for a variance. At the present time, only applications pending variance relief before the Zoning Board are brought before the HPC for review.
Mayor Knudson indicated that planning has commenced for the Fourth of July parade and fireworks. The Access Committee met on February 17, 2022. Most of the residents are moved into the Ridgewood Commons. This is special needs housing for adults, with eight independent living units and eight supportive living units. Access members are grateful that the United Way and Madeline House have created such wonderful living areas. Inez Bunza presented the idea of having Ridgewood Police meet with the residents at Ridgewood Commons to explain situations and emergencies which may require police assistance.
Mayor Knudsen also indicated that there was a discussion about the intersection of Franklin and Maple Avenues. There is a consensus that this intersection needs to be addressed, especially since it is only one block away from the new Ridgewood Commons location. This discussion was joined by Bergen County representatives regarding the Franklin Avenue corridor. It has been suggested that all of the traffic lights at that intersection turn red at the same time so that pedestrians have the opportunity to cross the street safely.
The Access Committee was thrilled to hear that special needs residents were included in the development of Ridgewood’s Master Plan. Inez Bunza and Robin Ritter joined Mayor Knudsen at a Master Plan team meeting on February 15, 2022, in order to address concerns of the Village’s special needs population. Discussion items included the train station, future housing needs, employment opportunities and transportation.
The Library Board of Trustees met on February 22, 2022. Friends of the Ridgewood Public Library reported that the 2022 32nd Author Luncheon has already sold more than 188 tickets. She encouraged anyone interested in attending this event to purchase their ticket soon before they sell out. This will be an in-person event with Yaa Gyasi, New York Times best-selling author of “Homegoing” and “Transcendent Kingdom.” The luncheon will be held at Seasons on Wednesday, April 6, 2022 from 11:00 A.M. to 2:30 P.M. There will be a “meet and greet” and book signing opportunity with the author, as well as a cocktail hour, seated three-course lunch, a talk by the author followed by a Q&A session, silent auction and 50/50. Mayor Knudsen believes that there is a link on the Ridgewood Library website or tickets can be obtained via EventBee.
Mayor Knudsen indicated that the Library Board of Trustees developed a new resident “Welcome Pack” and distributed them to newcomers to the Village. The Board continues to work on modifications to the Library renovation plan, connection plans for the emergency generator (shared service with Ridgewood Water), and rental of the Pease Library.
On February 22, 2022, Mayor Knudsen attended the Grand Opening of Samantha Bennett Artistry along with Councilwoman Perron. She encouraged everyone to stop by to wish Ms. Bennett well in her new business located at 201 East Ridgewood Avenue, Suite 11, above the Hot Jewelry Box. Mayor Knudsen stated that this newly renovated space is beautiful. Ms. Bennett has a degree from AMA and is a licensed aesthetician. Services include facials, makeup artistry, eyelash lifts, eyebrow lamination, among others.
5. DISCUSSION ITEMS
A. BUDGET
1. Renewal of Bergen County Joint Insurance Fund Membership
Ms. Mailander explained that the Village of Ridgewood has been a member of the Bergen County Joint Insurance Fund for over two decades. At this time, the Village must renew its membership for the next three years.
2. Budget Reserve Transfer Resolution
Ms. Mailander indicated that this is a resolution to transfer money from 2021 budgets containing excess money to those 2021 budgets that do not have sufficient funds.
3. Cancellation of Emergency Appropriations
Ms. Mailander said that as a result of Hurricane Ida, the Village was required to adopt a resolution for an Emergency Appropriation. This allowed the Village to expedite the process for awarding contracts and paying for personnel costs for overtime and equipment rentals required to repair/replace lost or damaged property. The Village Council adopted two resolutions: one appropriating $1,828,900.00 ($1,753,900.00 from the Current Fund and $75,000.00 from the Water Utility Fund) to cover the storm-related costs; the second providing the down payment of $74,500.00 for the issuance of a Capital Ordinance. The Village adopted a General Capital Ordinance for $1,564,500.00 and a Water Capital Ordinance for $75,000.00 for the storm-related costs. The Village Council then adopted a resolution cancelling the Emergency Appropriations for the Current Fund in the amount of $1,564,400.00 and Water Utility Fund in the amount of $75,000.00. This was because the funding was in the Capital Ordinances.
Ms. Mailander explained that after accounting for the related expenditures through the end of 2021, it was determined that there were sufficient funds available in the General Capital Fund Ordinance which allows the Village Council to consider cancelling the remainder of the Current Fund Emergency Appropriation in the amount of $189,400.00. This will eliminate the need for budgeting this amount in the 2022 Current Fund Operating Budget. Village auditors have indicated that adopting the cancellation before the introduction of the 2022 budget will support the reduction required in the 2022 Deferred Charge appropriations.
4. Award Contract – Pickleball Courts Acoustical Soundproofing Panels
Ms. Mailander explained that it was necessary for the Village to find a new vendor for the sound-absorbing panels. The Parks and Recreation Department was able to locate another company that will provide the same product with the same sound-absorbing level as the product originally discussed. This new product will cost an additional $1,289.00. The quote is from Vibration Products, Inc., of Columbus, Ohio, in an amount not to exceed $23,980.00. Nancy Bigos, Director of Parks and Recreation, distributed a sample of the product to the Councilmembers. Ms. Mailander indicated that it was similar, if not better, than the previous product the Village was considering.
Ms. Bigos stated that her staff has found a superior product. The previous product had an NRC rating of .75; the NRC rating on this newer product is 1.05. The amount of absorption in the newer product is better. It is a quilted fiberglass absorbent exterior panel which is 2” thick. There are grommets along the top, middle, and bottom edges on the sides. Her department is looking to purchase 85 absorber panels that are 4’ x 10’ at a cost of $23,980.00.
Mayor Knudsen indicated that she contacted the distributor (Roy Williams) of Vibration Products. When she viewed their website and products, it appeared that the material is used primarily for industrial and commercial uses. They discussed nonlinear sound waves which “explode” into the air. Apparently Mr. Williams was unaware of how the Village planned to use this product. Mayor Knudsen said that the sound will not be mitigated whatsoever with this product in relation to the surrounding residences. Mr. Williams said that to actually mitigate the sound emanating from the pickleball courts, a wall or fence with this material installed on it would need to be erected at least as high as the second floor level of the closest house or houses so that the sound waves are “stopped.” In the alternative, he suggested installing a roof on the courts.
Mayor Knudsen asked Mr. Williams if he would be interested in doing a site visit and he indicated that he would gladly do so; however, the Village Council would have to consult with a sound engineer to understand how to actually absorb the sound. She stated that the letter from Bergen County indicated that the readings were taken mid-court and not from the actual property lines of the neighbors who are complaining. Although Mayor Knudsen would really like to resolve this sound issue, she was apprehensive about spending more taxpayer dollars on something that, in all likelihood, will not solve the problem.
Councilman Vagianos said that he did not agree with Mayor Knudsen’s overall assessment. He said that he was happy to hear that the NCR rating on this new product is significantly better than the original product the Village was considering purchasing. He believes that the sound attenuation already done, based upon the sound study that was done on site and his personal observations on numerous occasions, is more than adequate. However, he added that the additional sound-absorbing panels will only make it better. He thanked Ms. Bigos for her research in finding this new product and indicated that he is satisfied with it.
Councilwoman Reynolds asked Ms. Bigos where it was indicated that the NRC rating was 1.05. She indicated that she also spoke with Mr. Williams and he couldn’t tell Councilwoman Reynolds what the NRC rating was off the top of his head. However, he did indicate that he was not in the office and would send her a chart once he returned to the office. The chart that he supplied to Councilwoman Reynolds shows that the NRC level is .75. The product model number is QFA-EXT-D-2. In this instance, this newer product would be either comparable to or better than the original product.
Councilwoman Reynolds also asked Mr. Williams if his company had ever sold these panels to anyone for use as sound attenuation for a pickleball court. He was surprised to hear of this usage and indicated that it is usually used at construction sites and commercial settings. When he was advised that there were already sound-blocking panels installed on the interior of the pickleball courts, Mr. Williams indicated that he was not sure whether or not installing his product on the interior of the pickleball courts, while having the other panels moved to the exterior of the courts, would help a lot with absorbing the sound. She feels that more investigation is needed.
Councilwoman Reynolds also indicated that she looked at Title 37 of the New Jersey Administrative Code, under Noise Control, but hadn’t had time to call Maureen Kelly who performed the sound study at the pickleball courts for Bergen County. The General Requirements of Title 37 states that all tests shall be conducted in accordance with certain procedures; item two under that section indicates that measurements shall be taken at or within the property line of any affected person. She doesn’t believe that the sound measurements were taken at the property line of the affected people. Councilwoman Reynolds indicated that no one really knows how the pickleball noise sounds like in someone’s backyard or in their home other than the residents of the home.
Councilman Vagianos stated that he stood at the perimeter of three of the four affected properties and the sound was, in his opinion, completely negligible and lower than whatever background sound he could hear. He stated that the sounds of kids laughing by the pickleball courts was “many times louder” than the sound of the pickleball itself. At some people’s homes, he couldn’t hear anything. He lives closer to the pickleball courts than several of these homes.
Councilwoman Reynolds indicated that she was talking about people who live between one foot or several feet away from the property line of the pickleball court. Councilman Vagianos said that was the reason he supported getting the additional sound-absorbing panels. Councilwoman Reynolds agreed with Councilman Vagianos and stated that she really wants the panels to work, but she doesn’t feel that the Village Council has enough information to move forward with the purchase of these panels at this time.
Mayor Knudsen indicated that she was not comfortable with proceeding with the purchase of these sound-absorbing panels at this time. Deputy Mayor Sedon said that, while he didn’t personally speak with Mr. Williams, he suggested that the Village Council wait two weeks until the next Public Meeting to address the issues raised and see if they can come to some sort of decision at that time. Mayor Knudsen encouraged Deputy Mayor Sedon to call Mr. Williams to discuss these points with him. She also suggested that the letter from Bergen County regarding the sound study be reviewed since she was unaware that the testing should have been done on the property line of the affected persons.
Councilman Vagianos stated that it appears this newer product has an NRC rating of .75, the same as the original product, and he asked what exactly needs to be “found out” before the Village Council makes a decision.
Deputy Mayor Sedon replied that he wants to make sure that the panels will mitigate the sound and he wants to determine exactly what the NRC rating is, whether it is 1.05 or .75. He spoke about this large expenditure and stated that, when combined with all the other requests for monies from other departments, the Village may be facing a high tax increase. He wants to spend taxpayer dollars in the most meaningful and appropriate way. He does agree that it seems like a similar material and indicated that he would give Mr. Williams a call to try to clarify these issues. Deputy Mayor Sedon again suggested that this matter be discussed again at the March 9, 2022 meeting. Councilwoman Reynolds added that she wants to find out more information about why the sound study was not performed on the neighbors’ property lines.
Councilman Vagianos agreed with Deputy Mayor Sedon that this is a large expenditure. He said that no one is going to give a “guarantee” on whether or not these panels will be adequate to control the sound. The Village Council is going to do everything possible to try to attenuate the sound. He added that he only did his “pickleball tour” when the four courts were completely full. He said that he was personally satisfied that the sound, as it now stands, does not disturb the neighbors. Adding the extra panels will make the situation the best it can possibly be. Councilman Vagianos stated that “some people” would like to keep delaying this matter until “it dies.”
There was a discussion about the inappropriate language that had been heard at the pickleball courts, for which the players apologized. Mayor Knudsen remarked about how the neighbors are seriously affected by the noise, especially the neighbors who live one foot off the property line of the courts, and she indicated that people are being deprived of the use of their property because of the noise. She mentioned that the noise level would have to be brought down to 65 decibels in order for the sound levels to be acceptable, according to the letter from Bergen County. Mayor Knudsen took exception to the comment made that some people would like to delay this matter until it goes away forever. Mayor Knudsen said that she supported Deputy Mayor Sedon’s suggestion that this matter be tabled until March 9, 2022. This was agreed to by a majority of the Village Council.
5. Amend Interlocal Agreement – Police Training Facility and Authorize Additional Participating Municipality (Waldwick)
Ms. Mailander explained that the Village of Ridgewood and several other Bergen County towns have been charter Participating Members of the Waldwick Police Training Facility for years, through an Interlocal Agreement with the Borough of Waldwick. This allows members of the Ridgewood Police Department to use this facility for the range qualifications for each police officer. There was a $25,000.00 capital contribution in the beginning, and each individual town pays an annual charge each year for the use of the range, based upon the number of officers using the range. This year’s annual charge is $18,000.00. Over the past two years, the Borough of Waldwick has upgraded the shooting range, classrooms and maintenance areas of the facility.
There are two proposed amendments to the Interlocal Agreement which must be agreed to by the original charter members. The first one concerns the Borough of Saddle River, which was an original charter Participating Member, but went elsewhere, and now has requested to return to the Waldwick facility. Ms. Mailander indicated that she spoke with Chief Luthcke, who is in favor of the Borough of Saddle River rejoining as a charter Participating Member since their police force is small.
The second amendment is in regard to Non-Participating Member law enforcement agencies which have requested use of the Waldwick Police Training Facility for single days at a time. This amendment will address the fact that the Non-Participating Members would be scheduled so that they do not conflict with any Participating Member’s use of the facility. They would be limited to two days of use per agency per year. They will be required to supply their own targets and other materials, and they would be required to provide an indemnification, hold harmless, and certificate of insurance. They would be charged $500.00 per day, which will be applied to the Reserve for the Pistol Range – General Capital Fund. It is felt that collecting $500.00 on days when none of the Participating Members are using the range would be beneficial for everyone.
Deputy Mayor Sedon moved that the Public Work Session be suspended and that a Special Public Meeting be convened. Councilwoman Reynolds seconded the motion.
Roll Call Vote
AYES: Councilmembers Perron, Reynolds, Sedon, Vagianos; Mayor Knudsen
NAYS: None
ABSENT: None
ABSTAIN: None
Deputy Mayor Sedon moved that the Special Public Meeting be adjourned and that the Public Work Session be reconvened. Councilwoman Reynolds seconded the motion.
AYES: Councilmembers Perron, Reynolds, Sedon, Vagianos; Mayor Knudsen
NAYS: None
ABSENT: None
ABSTAIN: None
6. DISCUSSION
A. RIDGEWOOD WATER
1. Award Contract – Annual HVAC Maintenance Ridgewood Water and Village Hall
Ms. Mailander explained that the Village of Ridgewood accepted bid proposals for HVAC maintenance service for Ridgewood Water and Village Hall. Two bids were picked up and one bid was received. These services are necessary to maintain the heating, ventilation and cooling systems (HVAC) at Village Hall and various Ridgewood Water facilities. Rich Calbi, Director of Ridgewood Water, is recommending the award of year one of a two-year contract to the sole responsible bidder, TM Brennan Services of Hamburg, New Jersey, in an amount not to exceed $55,000.00 for the 2022 service year. This includes $19,500.00 for annual preventive maintenance. The balance is being included as an allowance for repairs and replacements utilizing the hourly rates bid and fixed markups of 15% for items under $5,000.00 and 10% for items over $5,000.00.
Councilman Perron asked how this $55,000.00 is apportioned between Ridgewood Water and the Village. Mr. Calbi indicated that he calculated this amount based on the number of units at each location. He also considered the age of each HVAC unit and stated that the three units at Village Hall are the oldest. There are seven units at the Ridgewood Water facilities, which are all very new.
2. Award Cooperative Purchasing Contract – Maintenance of Various Backup Generators
Ms. Mailander explained that is a proposed resolution for a maintenance agreement for various backup generators under the Sourcewell (NJPA) Cooperative Pricing System. The Village of Ridgewood and Ridgewood Water anticipate exceeding the statutory limit of $17,500.00 for this maintenance contract and a Council resolution is needed to continuing purchasing the maintenance agreement. The contract will be awarded to Cummins, Inc., of Kearny, New Jersey, in an amount not to exceed $47,535.24. A total of 14 auxiliary power generators exist in the Ridgewood Water system. Each generator is similar to a large truck engine and requires annual maintenance to ensure its continued operation. Fuel often becomes stagnant in generators from non-use, so the proposed maintenance would include a “fuel polishing” service to maintain quality and avoid engine damage.
Councilwoman Perron asked for clarification of “fuel polishing.” Mr. Calbi replied that generators only run when they are needed and, therefore, the fuel just sits for a majority of the time in the generator. Amendments are sometimes added to the fuel for testing to ensure that the fuel has not become contaminated; in this way, the generators can be used when needed. Fuel polishing is performed on an as-needed basis.
Councilwoman Perron also asked about Mr. Calbi’s memo wherein it was stated that this maintenance agreement would be paid out of the Water Department’s Operating Budget. However, she did not see where this was mentioned in the proposed resolution and she felt the resolution needed to be clearer in that regard. Mr. Calbi indicated that that can certainly be added to the resolution. Ms. Mailander stated that the account number will be added to the resolution as well.
3. Authorize Agreement with Bergen County – Greenwood Avenue Bridge Project Midland Park
Ms. Mailander explained that Bergen County has contracted to replace the Greenwood Avenue bridge in Midland Park. Ridgewood Water has a water main running under the bridge and, in order to facilitate the bridge replacement, the water main must be bypassed during construction and then replaced with new piping. Ridgewood Water and the County of Bergen Department of Planning & Engineering would like to enter into an agreement to replace the water main at this location whereby the County’s contractor will replace the water main and the Village will pay for it. The cost is estimated not to exceed $100,000.00.
Councilwoman Perron asked if this particular water main needed to be replaced anyway. Mr. Calbi replied that he did not know but that he could find out the age of the water main and the materials used when it was constructed. He indicated that the County contacted the Village several months ago. Part of this work is being funded by a grant received by the County.
Mayor Knudsen questioned spending $100,000.00 when no one knows whether or not the water main even needs to be replaced. Mr. Calbi stated that this is the cost that Bergen County estimates for the replacement of the water main. The grant which they received is only for replacement of the bridge itself. Deputy Mayor Sedon remarked that it doesn’t matter how old the water main is but that it has to be replaced regardless because the bridge is being replaced.
Mayor Knudsen asked if the language in the Village’s resolution will be revised to conform with the County’s resolution. Ms. Mailander confirmed that it would. Mr. Calbi said that some changes need to be made in the resolution because there are some errors, i.e., paragraph two where it states that the work is being done by Ridgewood Water instead of Bergen County.
Ms. Mailander indicated that she wanted Mr. Calbi to comment on the lead pipe letter that has gone out to several Ridgewood Water customers. Mr. Calbi indicated that Governor Murphy signed a new law last year that requires that all lead service and galvanized lines be replaced within a ten-year period. Mr. Calbi estimated that there were about 150 lead service lines in the Ridgewood Water system; adding galvanized lines increases this number significantly. The law required all water utilities to submit an inventory of their pipe infrastructure, which was completed and submitted to the New Jersey Department of Environmental Protection (NJDEP). Based on that initial inventory, there are a total of 1,119 qualified lead service and galvanized lines in all four municipalities served by Ridgewood Water. These lines can be either on the utility side or the homeowner’s side, or a combination of both. There are also 3,800 lines that are “unknown” at the present time and it must be determined what materials were used to construct these lines.
Mr. Calbi indicated that the law also required that Ridgewood Water send certified letters to every property owner or tenant of a property, within 30 days of the inventory being submitted, notifying them that that service exists on their property or if they are connected to a portion of the Ridgewood Water system that contains either lead or galvanized lines. Those letters had to be sent out by February 21, 2022 and Ridgewood Water met the deadline. The majority of residents have already received these letters, because Ridgewood Water has begun receiving phone calls about this issue. The letter simply puts homeowners on notice. The State of New Jersey wants to ensure that homeowners are aware of these lead and galvanized pipes and that homeowners have options to abate the lead effects, i.e., by ensuring that their water is filtered and/or that the lead or galvanized lines are eventually replaced.
Mr. Calbi stated that it is Ridgewood Water’s responsibility to replace all of those lines within ten years, whether utility- or privately-owned. Ridgewood Water is developing a plan to accomplish this project, which must be submitted by July 2022. All four municipalities must approve ordinances that give Ridgewood Water access to private property and appropriate funding for the project. This is necessary because funds of a local utility are not allowed to be used for any type of private improvement. Mr. Calbi mentioned that this pipe replacement project has been successfully accomplished in the City of Newark.
Mr. Calbi emphasized that he wanted homeowners to know that nothing has changed with the water, which is the same as it was prior to these homeowners receiving these letters. For the past seven years, Ridgewood Water has been treating the system with a corrosion inhibitor in the water to make sure that lead is not leeched out of the piping. This has proven successful since their last round of sample testing performed at residences showed no detection of lead in the water. Nevertheless, homeowners who have this type of lead or galvanized piping still may want to take precautions. Residents served by Ridgewood Water are welcomed to drop off a bottle of their water for testing, with results shared directly with the homeowners.
Mr. Calbi said that the funding has to be figured out for this immense project. This is occurring “on the heels” of dealing with the costs associated with the PFOAs issue in the water. He mentioned that the pipe replacement project could easily translate into a $15 million capital investment over the next ten years. Some money for same has been requested in their budget this year.
Councilwoman Reynolds asked about lines that run from homes to the street. Mr. Calbi said that Ridgewood Water is required to replace such lines according to the law. Councilwoman Reynolds asked if this would be done at no cost to the homeowner. Mr. Calbi replied that there are two options for government utilities. It is either totally paid for by the utility and the cost absorbed by all rate payers, or the property owner is assessed for the cost. Mr. Calbi said this latter option would be difficult for Ridgewood Water because they are only the “assessor” in Ridgewood, not in the other three municipalities that are involved. Mr. Calbi said that the easiest way to accomplish this project is to go house by house, block by block, and get the work done, which is the way it was done successfully in Newark.
Councilwoman Reynolds asked if sidewalks, lawns and driveways would have to get ripped up in order to perform this work and, if so, who would repair the damage to bring the property back to its original condition. Mr. Calbi replied that “it is a little bit of both.” He hopes that, in most cases, this work can be performed “trenchlessly.” It could possibly be done with just a couple of holes, depending on the length of the pipe leading to the home.
Councilwoman Reynolds asked what would occur if the line coming out of the house is copper but then it connects to either lead or galvanized piping at the curb stop out to the street. Mr. Calbi replied that only the lead or galvanized sections would be replaced and, in fact, they have already begin such work. Homeowners are first notified that the work will be done, and usually the replacement is completed within a day.
Ms. Mailander stated that it was important to note that the content of the letters regarding the pipe replacement and precautions sent out by Ridgewood Water are all statutory. It is a “given” that most households in New Jersey will be receiving such a letter. There are options which a homeowner may pursue; however, it is not a requirement, such as a boil water advisory or use of bottled water only. Mr. Calbi acknowledged that the wording in these letters can be a “little scary,” but he stated that the letters contain prescribed language mandated by the NJDEP. Both Ridgewood Water and the NJDEP have information on their respective websites which explains all of the points contained in the letter.
Councilwoman Reynolds asked about the 1,119 homes identified in the four municipalities as having either lead or galvanized piping. She asked if this is the total number of letters that were sent out. Mr. Calbi replied that more letters went out than that because, in some cases, if a home was tenant occupied, then both the tenant and owner had to be notified. There are a lot of “unknowns” at the current time, so more letters will likely be sent.
Councilwoman Reynolds asked how they determine what materials comprise an “unknown” pipe system. Mr. Calbi replied that they are physically digging holes, small test pits, and it is estimated that this will take up to 18 months to finish that work. He indicated that he tried to get the time extended within which the inventory could be completed, but it was not approved. He stated that his department is in “good shape” and that most water utilities have not even begun their inventory.
Councilwoman Reynolds asked if a homeowner could call Mr. Calbi to find out what kind of piping they have at their home. Mr. Calbi replied that homeowners can either call or visit their website because they have an interactive map on the website where a homeowner can type in their address and view whether the material of their pipes is known or unknown, date installed, etc. The website is water.ridgewoodnj.net. The release on the lead notice and inventory, as well as the map, can be found under the tab labeled “Latest News.”
B. PARKING
1. Extended Parking in Central Business District
Ms. Mailander explained that this is a resolution for extended parking in the CBD. There have been requests for parking permits to allow residents of the CBD to park in various locations 24/7/365. Mr. Rooney has done an analysis, which shows that, assuming a 100% occupancy, the potential annual revenue for an off-street parking space and an annual overnight parking permit amounts to $3,316.00. The Ridgewood Premium Parking Permit is $1,325.00 per year and the annual fee for overnight parking is $300.00, for an annual total of $1,625.00.
It is recommended that a pilot program be implemented through December 31, 2022, whereby six reserved parking spaces would be designated in the Cottage Place lot and six reserved parking spaces in the Hudson Street Garage on the third floor, for those wishing to purchase a permit for reserved parking 24/7/365 in one of those two places. This would allocate the parking space to a specific Ridgewood resident or landlord of a residential home or apartment. Therefore, it may not necessarily be someone who lives in the CBD; it could be someone who lives in another area of the Village. These reserved parking spaces would only be available for Ridgewood residents and would not be available to businesses.
The recommended price would be $2,100.00 annually for the Cottage Place Lot ($175.00/month) or $2,400.00 for the Hudson Street Garage ($200.00/month since it offers covered parking). These prices are far less than the potential annual revenue ($3,316.00) for one of these parking spaces. The price for these parking permits would be prorated, based on the month of purchase, as is the practice with all of the Village’s parking permits.
Councilman Vagianos said that he needed to recuse himself from the discussion on this matter.
Councilwoman Reynolds asked what the proposal was from the two residents who brought up the need to have parking permits for residents who live in the CBD. Ms. Mailander indicated that these residents said that they researched the parking situation in other towns and stated that some towns either allow free parking or only charge $100.00 a year. Ms. Mailander said that those options are not realistic at this time since the Village needs the revenue to support the Parking Utility.
Councilwoman Reynolds asked where a resident would park if they lived in an apartment in the CBD which was not afforded a parking space. Ms. Mailander replied that such a resident could park in the Cottage Place lot all day and then find another spot to park overnight (Hudson Street Garage, Prospect Street lot, and Garber Square). Councilwoman Reynolds asked what this would cost a resident. Ms. Mailander replied that, at the current time, the resident would need to pay $1/hour in the Cottage Place lot and then pay for overnight parking somewhere else ($300.00 a year, $150.00 for six months). There is no permit presently which a resident could purchase for 24/7/365 parking. Councilwoman Reynolds said that she would like to see more revenue generated for the Hudson Street Garage.
There was a discussion regarding the advantages to a CBD resident paying $1,625.00 per year (Ridgewood Premium Parking Permit plus overnight parking) where they would not be guaranteed a spot, as opposed to paying $2,100.00 and $2,400.00 for the Cottage Place lot and Hudson Street Garage, respectively, where they would be guaranteed a reserved spot. There was a discussion about possibly bundling the costs for the parking permit and overnight parking together at $1,625.00 per year rather than placing a premium on the reserved parking spaces this year. The cost for these reserved spaces could possibly then be raised next year.
Mayor Knudsen said that they should start with the lower figure of $1,625.00 to begin with in order to gauge interest. Councilwoman Reynolds and Councilwoman Perron agreed with Mayor Knudsen. However, it was suggested that the charge for the reserved spaces at the Hudson Street Garage be $1,625.00 since it offers covered parking and that the charge at the Cottage Place lot be set at $1,300.00.
There was a discussion as to whether or not these spots should first be offered to residents who live in the CBD and then a month later open it up to everyone else. Mayor Knudsen felt that it should be opened up to everyone initially in order to be fair. There was mention of the fact that the world will soon be “opening up” after Covid and many people will be shopping and dining in the CBD, and parking spaces need to be made available. It was decided by a majority of the Village Council that the reserved spaces will be opened up to all residents at the lower fees suggested.
C. BUDGET
1. Declare Surplus – International Truck - Streets
Ms. Mailander explained that this is a resolution to declare a 2015 International 7400 truck used by the Department of Public Works – Streets Division as surplus property. This truck has had issues; in fact, four others of the same model in the fleet continuously have engine problems. These trucks are actually too light for the duties required. Although the truck in question has low mileage (43,222 miles), the engine is blown and needs extensive repairs. The cost of the repairs is not viable, given that the repairs may not provide a reasonable service life. This truck may be disposed of after it is declared as surplus property. This International series of trucks will be replaced with Kenworth trucks, which are more reliable.
D. POLICY
1. Sanitary Sewer Service Connection Fees
Ms. Mailander said that this resolution deals with sanitary sewer service connection fees. The Village recently increased the sewer service fees. The sewer connection fees for connection to the Village’s sanitary sewer collection system have not increased since 2018. Ms. Mailander explained that some parts of the Fee Ordinance have not been adjusted since 2009. Connection fees are a one-time fee Annual service charges will still apply to any new connections from outside of the Village.
It is proposed that the connection fee for each residential dwelling unit in Ridgewood be increased from $6,000.00 to $6,500.00, and that the connection fee for all nonresidential development be increased from $6,000.00 to $6,500.00 up to 6,000 square feet of gross floor area; from $.75 to $1.00 per square foot for each square foot of gross floor area over 6,000 square feet; and from $5,000.00 to $7,000.00 per dwelling unit in a town adjacent to Ridgewood with an executed interlocal services agreement with Ridgewood for collection and treatment and treatment services for domestic sanitary sewage. For each EDU or part thereof, the fee would increase from $200.00 to $250.00. These recommendations are being made by Mr. Rutishauser, Village Engineer.
2. Replacement of Blue Spruce for Thuja Green Giant Trees at Schedler
Ms. Mailander explained that the Village had initially proposed to plant blue spruce trees on the berm at the Schedler property. However, these trees were suffering from needle drop disease. Therefore, the Village would like to replace these trees with Thuja Green Giant trees. The Village Arborist, Declan Madden, CTE, has agreed with the proposed replacement. The Thuja Green Giant trees were used for screening plantings at the Habernickel Family Park very successfully and they are also deer tolerant. SHPO was contacted to make sure that they are aware of this replacement and to request permission to make the tree substitution, and they have approved it.
3. Selection of Energy Consultant - EAGER
Councilwoman Perron indicated that the next step in the EAGER (Encouraging Alternative Green Energy for Ridgewood) process, since the Village Council passed an Ordinance establishing a government energy aggregation program, is to select an energy consultant to guide the Village through the process of hiring a third-party contractor. Sustainable Jersey suggests that the Village go out to bid, even though it is technically a professional contract and, therefore, the Village doesn’t have to go out to bid. Ridgewood has hired Gable Associates in the past for other tasks, and they are the energy consultants who spoke before the Village Council in January 2021 concerning the proposed energy aggregation program.
Councilwoman Perron recommends that the Village send out a Request for Proposal (RFP). The Village does not pay the consultant directly; the third-party contractor would compensate the consultant. However, the energy consultant’s fee would be “folded into” the third-party supplier’s energy price to Village residents. This “fee” will be set forth very clearly in the RFPs received. Councilwoman Perron said that the subcommittee of Green Ridgewood has worked up a matrix of questions that could be posed to any bidders. All Councilmembers agreed to proceed with the RFP.
4 Proposed Revisions to Tree Ordinance
Ms. Mailander indicated that this item pertains to the proposed revisions to the Tree Ordinance. She indicated that the Village Council would be starting at Chapter 260-7, “Permit Requirements for Tree Removal.” Mayor Knudsen asked if everyone had read the proposed agreement and everyone indicated that they had done so. She asked if anyone had any questions, comments or concerns about anything contained within the Ordinance.
Deputy Mayor Sedon said that the “Annual Exempt Tree” clause contained in Section 260-8H should be removed because there are enough “outs” for people to remove trees (disease, dying, dangerous to people and property). Mayor Knudsen, Councilwoman Perron, and Councilwoman Reynolds all agreed with Deputy Mayor Sedon. Councilman Vagianos said that he would be the only one dissenting on this clause.
Mayor Knudsen said that there were several questions raised by Village Councilmembers which arose during the preliminary discussion of this Ordinance that needed to be answered or clarified by Mr. Rutishauser. In Section 260-4B, there was a question about the wording “unless the Director of the Department of Public Works or their authorized designee has issued a permit to do so.” The Village Council was not sure what those circumstances would be. Mr. Rutishauser indicated that if the tree in question is dead and the homeowner needs to widen their driveway, and if this is being done with Zoning Board approval, he doesn’t see why this shouldn’t be allowed.
Mr. Rutishauser said that his department has occasionally encountered contractors who take it upon themselves to hack away at tree roots because they are constructing a sidewalk. That was the reason for creating this particular clause (260-4B).
In Section 260-5E, Councilwoman Perron said that there was some question about the phrase “injurious chemicals.” Mr. Rutishauser said that “injurious chemicals” could include salt water, bleach, or gasoline. Councilwoman Perron said that she felt that term was appropriate. Mr. Rutishauser said that there are some people who will use “underhanded means” to diminish the quality of a tree so that its removal would be warranted. If there is evidence of such a situation, this paragraph would address that issue and allow for summonses to be issued.
In Section 260-6C, there is a sentence which reads, “Defective sidewalk slabs within 5.0 feet of a tree shall be removed, and a new slab cast in accordance with the Village Arborist’s directive.” Mr. Rutishauser explained that there are a lot of uplifted sidewalk slabs near trees in the Village. The Village Arborist was concerned that slabs would just be picked up, the roots ground up, and the old sidewalk slab replaced. He would much prefer the homeowner to construct a “bump out” or “round out” when warranted to give the tree a better chance of survival.
It was pointed out by Councilwoman Perron that the language in this paragraph permits a sidewalk slab to be reinstalled if it is not defective. Mr. Rutishauser said that upheaval over ¼” or 3/8” of a sidewalk slab is considered a defect. He said the proper way to correct this defect would be for a property owner to hire a contractor, obtain a permit, remove the defective slab, contact the Parks and Recreation Department to coordinate a time when the roots of the tree can be grinded, and then a new slab installed. He mentioned that sometimes a tree must be removed completely because grinding its roots would make the tree unsafe and susceptible to wind storm damage.
Deputy Mayor Sedon remarked that, according to his conversations with the Village Arborist, sometimes the arborist doesn’t have the authority to tell a property owner that they must do a round out or a bump out around a tree. If the property owner refuses to do a round out or a bump out and wants to just grind the tree roots and replace the old sidewalk slab, this could result in a perfectly healthy tree eventually dying and needing to be removed. Deputy Mayor Sedon said that he felt that paragraph 260-6C gives the Village Arborist the authority to tell a homeowner that the original slab cannot be replaced because it is too close to a tree and that they must construct either a round out or bump out.
Mayor Knudsen asked if a round out or bump out resulted in a higher cost to the homeowner. She didn’t think it was fair to a homeowner to have to pay extra for a round out or bump out if their sidewalk was perfectly fine to begin with but was then eventually uprooted by a tree which the Village had planted by their home. Mr. Rutishauser agreed but stated that the overall goal of this Ordinance is to preserve as many trees as possible in the Village. Mayor Knudsen said she agreed but that she is concerned that a homeowner may not be able to afford such sidewalk construction.
Councilwoman Perron said that the Councilmembers at the last discussion thought that paragraph 260-6D was redundant and felt it should be omitted. It reads, “Any tree roots cut or removed in the public right-of-way without the Village Arborist’s or their designee’s authorization shall be deemed a violation of this Chapter.” However, Mr. Rutishauser thinks this paragraph is important and should be left in the Ordinance because this section deals with sidewalk construction and driveway enlargement.
Regarding the wording in Section 260-5G which reads “conditions surrounding a tree,” the Councilmembers wanted clarification on what kind of conditions surrounding a tree could be manipulated so that it would threaten the viability of a tree. Mr. Rutishauser explained that “conditions surrounding a tree” could simply involve someone filling the area around a tree with dirt or mulch and covering up the roots. He explained that this is a problem in many larger-scale subdivisions with new homes. Many times developers put soil over the roots of a tree which causes slow suffocation of the roots and the tree dies within a couple of years. If there was evidence that this was deliberately done with malicious intent to destroy the tree, this paragraph would allow the Village to take appropriate action to protect the tree.
In Section 260-5I dealing with decorative lights strung on a tree, there was felt to be a need for further discussion. It was Councilwoman Perron’s feeling that this particular paragraph places a lot of burden on Village administration and she would simplify it to say that no decorative lights can be hung on any public right-of-way trees. Mayor Knudsen agreed that lights on a tree look pretty in the CBD, but that this needs to be monitored because the tree can die if the lights remain on the tree for a long period of time. She feels that this would be impossible to monitor and it is easier to just say “don’t do it.”
Mr. Rutishauser agreed with Mayor Knudsen that it is just easier to say no. He said that during a survey of trees one year, he found trees with lights in them that had been there for over a year and actually started to grow into the tree, to the detriment of the tree.
Mayor Knudsen stated that the paragraph should simply read, “No decorative lights shall be strung or affixed on any tree within the public right-of-way or on public property” and remove the remainder of the paragraph. Councilwoman Perron and Ms. Mailander felt that the last line in that paragraph should remain: “Decorative lights installed in trees as part of a Village sponsored or approved project shall be exempt from this permit requirements [sic].” It was agreed that that sentence would end at the word “exempt” since no permit is applicable. Ms. Mailander mentioned the trees in Memorial Park at Van Neste Square.
Mayor Knudsen asked how one would procedurally arrange to install such lights as part of a Village sponsored or approved project. Mr. Rutishauser said that the same procedure could be followed as was done for the up-lighting in Van Neste Square. A presentation was made before the Village Council and a Title 59 Resolution was adopted wherein the Council agreed to what was presented and sanctioned that action.
Ms. Mailander reminded everyone about the “Downtown for the Holidays” Christmas event when the trees are lit up at the train station and in the park. She questioned whether the Village Council would have to hear such a request every year. Mr. Rogers suggested that something be done similar to how the Village handles gift issues, leaving it to the Village Manager to make a decision, referring any concerns to the Village Attorney for approval.
Councilman Vagianos agreed with Mr. Rogers and stated that Village sponsored events should be within the purview of the Village Manager and shouldn’t have to be dealt with by the entire Village Council. He said the main question is whether or not the Village wants store owners in the CBD to put lights on trees during events on a temporary basis.
Councilwoman Reynolds stated that she really loved the lights in the downtown area. Putting time constraints on when lights could be installed and need to be taken down was suggested by Councilwoman Reynolds. She believes that festive lighting entices people to visit the downtown area to shop and dine. Mayor Knudsen said that there are plenty of ways to decorate without putting lights in trees and Deputy Mayor Sedon agreed, adding that this would be hard to monitor and enforce. Councilman Vagianos stated that he didn’t feel this would be hard to monitor.
Mayor Knudsen suggested that perhaps Ms. Mailander could work with the Chamber of Commerce to determine dates on which lights can be hung and must be removed, with the Chamber then sending out notices to various businesses in the CBD stating the dates when tree lighting would be permitted, followed up with a warning to businesses that they will be ticketed if they do not comply. Deputy Mayor Sedon remarked that not every business in Ridgewood is a member of the Chamber of Commerce.
Mr. Rogers reiterated that he thought it best if any decisions regarding tree lighting rest with the Village Manager. Ms. Mailander felt that it would be better to announce the dates to business owners and Councilman Vagianos agreed. If dates are written in the Ordinance, then summonses can be issued for violations; otherwise, it would be tough to enforce. Suggested dates were from November 15 to January 15 of any given year. Mr. Rutishauser will work on the revised wording for this paragraph.
Regarding Section 260-4B, Mr. Rogers asked if the permit referenced in that paragraph is the same one as referenced in Section 260-7. Mr. Rutishauser said that he would research this and get back to Mr. Rogers. It was decided that this matter would be further discussed at the Work Session Meeting on March 2, 2022, for planned introduction on March 9, 2022.
E. OPERATIONS
1. Update of Zoning Map
Ms. Mailander explained that the update of the zoning map has been developed by the Engineering Department and Village Planner. There is a proposed Ordinance to be approved by the Village Council to memorialize the revised zoning map. The previous update of the zoning map was done in June 2012. Mr. Rutishauser indicated that updates included the 2020 AH Zone and better clarification of district boundary lines. Maryann Bucci-Carter, Planner for the Planning Board, worked with Jovan Mehandzic from the Engineering Office to make these corrections and provide an updated zoning map.
Mayor Knudsen thought it would be helpful to send the revised zoning map in PDF format to everyone via email so that it would be easier to read. This matter will be discussed again at the Work Session on March 2, 2022. Mayor Knudsen asked if Mr. Rutishauser outlined the changes to the zoning map. Mr. Rutishauser said that he had not, although he did print out some emails from Ms. Bucci-Carter on which he was copied. There was a lot of back-and-forth discussion. One change dealt with 320 Franklin Avenue (Bank of America) regarding the exit: the tax map has it in a transition zone and Fair Share has it in a B-2 zone. This was clarified.
Mr. Rutishauser indicated that he would ask Ms. Bucci-Carter to create a list with bullet points listing some of the pertinent changes made to the zoning map. Ms. Bucci-Carter also conferred with Beth McManus regarding changes to the zoning map. Mayor Knudsen asked Mr. Rutishauser to clarify the zones marked B-3, B-3R and B-3AH to avoid confusion. Mr. Rutishauser said he would have Ms. Bucci-Carter check out those zones tomorrow. Councilwoman Perron pointed out a typo.
2. Gypsy/Kings Pond Area Cleanup Program – Ridgewood Wildscape Association
Ms. Mailander indicated that this item deals with the cleanup program at Gypsy/Kings Pond by the Ridgewood Wildscape Association and the Ridgewood High School Green Club. It will be held on Sunday, May 1, 2022 between 1:00 P.M. and 3:00 P.M. This will be the fourteenth year that this has been done. The Village will provide chest waders, gloves, and other personal protective equipment, as well as rakes and hand tools, and will pick up and dispose of the accumulated debris.
Councilwoman Perron indicated that she spoke with Ellie Gruber to let her know the Rotary AM Club is interested in some kind of hands-on project, and Ms. Gruber invited them to join the group. Mr. Rutishauser asked if she wanted him to change the resolution to include the Rotary AM Club. Councilwoman Perron said that she had not yet heard back from the Rotary AM Club. Ms. Mailander indicated that the Rotary AM Club can join in the cleanup anyway, even if they’re not named in the resolution.
7. COMMENTS FROM THE PUBLIC
Lillian Blood, 250 North Maple Avenue, said that the problem surrounding the pickleball courts is not one of noise. She stated that she and her friends have been playing there even during winter; however, this past Monday when the weather was warmer, they all went to Glen Rock to play. This was because playing pickleball on Monday is prohibited in Ridgewood. There were five courts filled to capacity, with people waiting to play on the sidelines. She asked why people thought the sound was different on a Sunday than it was on a Monday. She urged that the courts be opened up during the week so that people can play on Mondays and Fridays. This doesn’t have to wait until the new sound panels are installed.
Ms. Blood stated that the sound of the pickleballs do not go beyond Simon Lee’s house. She said that she parks on his street and she cannot hear anything. She said that people young and old get outside and get exercise, and it is just sad that the courts are closed on a couple of days during the week. She asked the Village Council to consider allowing the courts to be open on Mondays and Fridays so that people who can’t play pickleball on the other days can play on either a Monday or Friday.
Rurik Halaby, 1 Franklin Avenue, said that he is disgusted with the Village Council and that Mayor Knudsen will try “every trick in the book” to make sure that something doesn’t happen. He witnessed this with the HealthBarn, One Village One Vote, and now with the pickleball issue. He stated that her description of the movement of sound was “really silly.” He said that “arm wrestling” this matter on and on is ridiculous. He said that the wasted time, talent and energy he has witnessed over the past six years is ridiculous. There are more important matters in the Village which must be addressed, pedestrian safety being one of them.
Mr. Halaby asked Mayor Knudsen and Councilwoman Reynolds whether they got permission from Ms. Bigos before contacting the salesman for the sound panels. He said that if they went behind her back, they were trying to undermine the process. Mr. Halaby said that this town needs a change, one being a scenario where the Councilmembers are elected and then they choose who the Mayor will be. In this way, the Mayor can be “unselected” if necessary. He said that Ridgewood doesn’t need another “Putin.”
Mayor Knudsen said she felt it is the job of the Village Council to not just do everything in “lock step” but that it is alright to disagree with one another. It is alright to do one’s own research, and it is alright to ask questions. Anyone who thinks it is not appropriate to ask questions or seek further information is engaging in a disservice to the Village community whose tax dollars the Village Council is charged with spending wisely and prudently. She stated that $24,000.00 is a lot of money and she will call whomever she needs to in order to find out more information if necessary.
8. ADJOURNMENT
There being no further business to come before the Village Council, on a motion by Deputy Mayor Sedon, seconded by Councilwoman Reynolds, and carried unanimously by voice vote, the Village Council’s Work Session was adjourned at 10:05 P.M.
Susan Knudsen
Mayor
Eileen Young
Deputy Village Clerk
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