20221003 - Village Council Regular Public Meeting 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 OCTOBER 3, 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 7:34 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, and Mayor Knudsen.  Also present were Heather Mailander, Village Manager/Village Clerk; Eileen Young, Deputy Village Clerk; and Matt 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 brave men and women serving our great nation and all first responders.

 

2.         COMMENTS FROM THE PUBLIC

 

Cynthia Halaby, 1 Franklin Avenue, said that she was speaking this evening regarding the Gold Star Families Monument, which is to be erected in Memorial Park at Van Neste Square.  She said that she holds veterans in the highest regard.  Her father fought in World War II and parachuted behind enemy lines.  Her youngest uncle served as a submariner, and her oldest uncle and godfather were declared Missing in Action (MIA) on D-Day +4 (US invasion of Normandy, France, plus four days following invasion).

 

Ms. Halaby emailed the Village Council last week reminding them of the renovations which the Conservancy for Ridgewood Public Lands has made to Memorial Park at Van Neste Square over the past three years.  The conservancy worked very closely with the Ridgewood Parks and Recreation Department and, as a result, they gained a few feet of grass which added to the usable acreage of the park.  When placing the lighting bollards, great care was taken to not block any area that would be used by the public.  Ms. Halaby stated that she is concerned that the proposed monument and platform base will be too large, with a footprint of approximately 12 feet by 14 feet. 

 

Ms. Halaby recommended that the veterans look into placing the monument elsewhere, perhaps on the east side of the existing memorial, and arrive at a much simpler design than what is proposed.  She feels that placing the project on the existing pillar would be a perfect and honorable location for the Gold Star Families to be recognized and memorialized.  The proposed memorial would then be close to the names of the fallen soldiers.  Ms. Halaby mentioned that there are large risers on which bronze plaques may be placed, with the top levels being perfect for placing symbolic items, such as the tri-folded flag.

 

Ms. Halaby also gave a brief history of Memorial Park at Van Neste Square.  The War Memorial was designed by Henry Bacon, who was the architect of the Lincoln Memorial in Washington, DC.  The project was completed in 1924, and the area was then named Memorial Park at Van Neste Square, in honor of the War Memorial.  Ms. Halaby noted that when the monument was installed in the park, it was placed on the side of the park and not in the center.  She feels that this was done so that the park could be preserved for the use and enjoyment of the community.  Ms. Halaby urged the Village Council to give careful consideration as to where the Gold Star Families Memorial will be placed, as well as the design of the memorial, since their decision will affect the park forever in perpetuity.

 

Rurik Halaby, 1 Franklin Avenue, stated that he visited West Germany in 1989, a month before the fall of the Berlin Wall.  He visited a town in West Germany, near the border between East and West Germany, and climbed a tower where he could view East Germany.  The border was 300 yards wide and contained “every impediment to movement you can think of.”  He stated that the only thing, which the East Germans had, which the Schedler property berm does not have, is a line of barbed wire.  He said that he was being facetious, but wanted to point out the “idiocy” of the berm, which has been constructed.  He asked how many tax dollars the berm cost, and he also wondered how long the trees, which are planted on the berm, would last.  Mr. Halaby also questioned the efficacy of the mulch in stopping weeds from growing.  Although it looks nice now, Mr. Halaby predicted that it would look as “messy” as it has looked over the past couple of years.

 

Mr. Halaby wondered what the plans are for the Schedler property.  He said that the plans seem to change with the weather.  He stated that the fence is a safety hazard for children, despite the chicken wire, which has been placed on one side of the split-rail fence.  He accused the Village Councilmembers of using the Schedler property as a “gimmick” for re-election purposes.  He urged the Village Manager to stop spending money on the Schedler property until the election is over.

 

Boyd A. Loving, 342 South Irving Street, stated that he was pleased to see a discussion regarding Smart Controllers on the agenda this evening.  He indicated that he sent an email last week expressing his concern that residents who do not use Smart Controllers are governed by an ordinance, approved by the Village Council, while those who are using Smart Controllers are exempt from such ordinance and are free to use as much water as they want, whenever they want.  He views this as disparate treatment.  Those without Smart Controllers are limited to watering on certain days, between certain hours, and those with Smart Controllers are “governed” by Ridgewood Water.  He is hopeful that a solution can be arrived at which is fair to all concerned.  Mr. Loving does not believe that the use of Smart Controllers promotes water conservation.  He asked any Village Councilmember who has such a Smart Controller at their home to disclose that fact before the discussion on the Smart Controllers begins, to ensure transparency.

 

There were no further comments from the public.

 

Mayor Knudsen mentioned that the American Legion Post 53 is looking into reducing the footprint of the Gold Star Families Memorial.  She reminded everyone that the existing War Memorial is not the only significant memorial in the park.  There is a memorial for those residents of Ridgewood who perished on 9/11, as well as a Thomas McGuire plaque.

 

Regarding the Schedler property, Mayor Knudsen stated that a conceptual plan for that property was announced some time ago, and this plan is significantly different from the engineering plan, which was subsequently developed.  She explained that a split-rail fence was used rather than a wrought iron fence, because the Zabriskie-Schedler House and the Schedler property fall under the jurisdiction of the State Historic Preservation Office (SHPO).  It was the recommendation of SHPO that a split-rail fence be installed, which Mayor Knudsen felt was incredibly safe. 

 

Mayor Knudsen recalled reading a Facebook post alleging that the Schedler property has suffered “gross mismanagement, with over $7 million spent and nothing to show for it in seven years.” Mayor Knudsen said that the person who created that post, and others, have no understanding of the budget process and should stop spreading misinformation or knowingly spreading disinformation.  She stated that “allocations” are not money spent, but rather are funds set aside in preparation for a particular project.  She explained some of the reasons why the Schedler property development has been delayed, such as the Covid pandemic and unauthorized plans originally submitted to SHPO.

 

Councilman Vagianos said that several Village Councilmembers have gone to Memorial Park at Van Neste Square to look at the proposed site for the installation of the Gold Star Families Memorial.  He said that they need some more time to reflect upon the proposed site and design of the memorial.  He noted that the site delineated on the schematic is exactly where the Christmas tree is, so there will probably be some small modification of the location for the memorial.  Councilman Vagianos indicated that the matter will be placed on the agenda for discussion at the October 26, 2022 meeting. 

 

Regarding the Schedler property, Councilman Vagianos remarked that the development of that property began before he was elected to the Village Council.  One of the factors he views as a problem is the historic designation, which has created tremendous delay.  However, he stated that the Covid pandemic definitely stalled the development further.  He said that the Village Councilmembers will stay on top of things and try to move the project forward as much as possible.

 

Deputy Mayor Perron indicated that she would like input from the Parks Department and from the Ridgewood Arts Council, if possible, regarding the Gold Star Families Memorial.  She would also like advice from a licensed landscape architect, since siting is extremely important.  Mayor Knudsen agreed.

 

Mayor Knudsen added that the historic listing resulted from an application by a member of the Historic Preservation Commission for a Certificate of Eligibility for both the house and the property, after they were purchased in either 2008 or 2009.  Mayor Knudsen was not sitting on the Village Council at that time and was not a member of the Historic Preservation Commission. The Zabriskie-Schedler house received a Certificate of Eligibility almost immediately.  The historic designation of the property was contingent upon a Phase I archaeological study, which was authorized by the Village Council in 2017. 

 

Councilman Vagianos reiterated that the historic designation of the house and property was a tremendous burden. Mayor Knudsen added that, prior to the property and house being designated as historic, she had contacted SHPO to ensure that an historic designation would not prevent the Village from constructing an athletic field on the property.

 

3.         MANAGER’S REPORT

 

Ms. Mailander indicated that “Vote by Mail” ballots are being mailed to all residents who automatically receive them or anyone who has requested them.  The final day to register to vote in the November General Election is October 18, 2022.  The Village Clerk’s Office will handle voter registration from 8:30 A.M. to 4:30 P.M.  Individuals may also register to vote in the lobby of the Ridgewood Public Library from 4:30 P.M. to 9:00 P.M.  If anyone has moved within Ridgewood, they should re-register with their new address, since the new address may be within a different election district. 

 

Ms. Mailander announced that all Village offices will be closed on October 10, 2022 in observance of Columbus Day.  There will be no recycling or garbage pickup on that day, and the Recycling Center will be closed.  She urged everyone to check the Village Calendar for garbage pickup and recycling schedule changes.

 

Ms. Mailander remarked that the berm on the Schedler property has been completed.  The fencing and mesh are in the process of being installed, and the trees are being planted.  Irrigation is being connected.  The next items to be completed will probably be construction of a driveway into the Schedler property and some parking areas.

 

The Ridgewood Chamber of Commerce is sponsoring Ridgewood “Sidewalk Sale Days” on October 6, 7 and 8, 2022, with special sales and bargains for all.  If it rains, the sales will move inside the stores.  The Moms’ Club event scheduled during the Sidewalk Sale Days has been canceled until the spring of 2023.

 

Oktoberfest in Ridgewood’s West Village will be held on October 8 and 9, 2022 starting at 12:00 P.M. in the west side train station parking lot.  Ms. Mailander urged everyone to attend and enjoy hayrides from noon to 5:00 P.M., along with food, pumpkin painting, a scarecrow making contest, a tent of vendors, toss games, sidewalk chalking, and ice cream, with a full weekend of music during the day and into the night.

 

The Ridgewood Police Benevolent Association (PBA) Food Truck Festival and Kids’ Corner will be held on October 9, 2022 between 11:00 A.M. and 6:00 P.M. to raise funds for pediatric cancer.  There will be a bouncy house and games for children, food trucks, live music and a beer garden.  There is an entry fee, with additional fees for the beer garden and Kids’ Corner.  Parking will be available in the Graydon Pool parking lot.

 

The Village of Ridgewood’s Annual Flu Clinic will be held on October 6, 2022 from 10:00 A.M. to 12:00 P.M. at the Community Center on the ground floor of Village Hall.  Interested individuals may call 201-291-6090 to schedule an appointment.  For further information, residents may also call the Ridgewood Health Department.

 

On October 16, 2022, the Bergen County Utilities Authority (BCUA) will hold a household hazardous waste collection event at Bergen County Community College located on Paramus Road, in Paramus, New Jersey, from 9:00 A.M. to 3:00 P.M.  This event will be held rain or shine, and no commercial vehicles will be permitted.  Proof of Bergen County residency will be required.  This event closes promptly at 3:00 P.M.

 

Upcoming Village Council meetings are broadcast live from the Village Hall Courtroom, on the Village website, and on FIOS Channel 34.  The next Village Council Work Sessions will be held on October 26 and November 2, 2022 at 7:30 P.M.  The next Public Meetings are scheduled for October 12 and November 9, 2022 at 8:00 P.M.

 

4.         COUNCIL REPORTS

 

Councilman Vagianos indicated that he had nothing to report, since he reported on everything a few days ago at the last Village Council meeting.  Deputy Mayor Perron and Councilwoman Reynolds also indicated that they had nothing new to report.

 

Mayor Knudsen announced that on Saturday, October 1, 2022, she attended the 100^th anniversary celebration of the Upper Ridgewood Community Church.  The church was formed in the early 1900s and formally incorporated on January 26, 1920, with nine trustees and 46 charter members.  The celebration was originally scheduled for May 2020, but it was delayed due to the Covid pandemic.  Mayor Knudsen stated that the theme of the celebration was “Songs of Heaven and Earth.”  The celebration was wonderful and the music was beautiful.  She left the celebration with two beautiful Christmas tree ornaments memorializing the 100^th anniversary of the church, which will be added to the Village Christmas tree.  She thanked everyone who organized this event and for everything the church does for the community.

 

ACCESS weekend will take place this weekend.  Mayor Knudsen stated that interested individuals may visit RidgewoodLibrary.org/AccessRidgewood for further details and programming.  She urged everyone to attend this fun and exciting event, which will focus on “Embracing Our Abilities, Disabilities, Special Gifts and Special Needs.”

 

Mayor Knudsen announced that she received an email from a resident today asking about the Public Hearing for the Master Plan, which is being carried to October 4, 2022, the date on which Yom Kippur begins.  Mayor Knudsen said that there is a site plan review application hearing on that date for the Bethlehem Lutheran Church. Since all Planning Board members will be available for the meeting on October 4, 2022, it was decided to hold the Public Hearing on the Master Plan on that date and then carry it to the Planning Board meeting on October 18, 2022. The Master Plan Committee had the opportunity to confirm that their work has been completed, incorporating some suggestions and cleaning up typographical errors.

 

5.         DISCUSSION

 

            A.        RIDGEWOOD WATER

 

1.         AWARD PROFESSIONAL SERVICES – PUBLIC POLICY CONSULTANT

 

Ms. Mailander said that this item pertains to the awarding of a professional services contract for a Public Policy Consultant for Ridgewood Water.  In July 2018, the Village Council approved the first annual contract with Morford Drulis to provide public policy consulting for Ridgewood Water, and the last four years have been successfully completed.  It is recommended that a new, one-year contract with Morford Drulis, of Trenton, New Jersey, be approved in an amount not to exceed $27,000.00, the same amount as last year. This will be funded through the Water Utility Operating Budget.

 

Rich Calbi, Director of Ridgewood Water, stated that, when it comes time for the renewal of the contract with Morford Drulis, a list of accomplishments during the year is presented by Michael Drulis, along with a list of goals for the upcoming year.  Mr. Calbi stated that this is the fifth year in which Ridgewood Water has hired a Public Policy Consultant.  He remarked that this prior year was one of the most successful years they have experienced, laying out groundwork for future projects, obtaining grant monies to complete projects, and incorporating successful changes in the Intended Use Plan (IUP) with the State of New Jersey (which allows the utility to borrow more money). An IUP is filed annually to account for how the Drinking Water State Revolving Fund will be used during a fiscal year. There are set amounts of funds that can be awarded to finance clean water (sewer/wastewater) projects every year. They have affected legislation in Trenton, with policymakers creating legislation more in line with advisements given to them by Ridgewood Water over the past four years, such as paying closer attention to how regulations take effect and how much time is needed to implement strategies to adhere to new regulations.

 

Michael Drulis, the principal partner of Morford Drulis Associates, stated that his firm is a public policy firm specializing in good government interest, particularly clean drinking water.  The firm has worked closely with the Mayor and Village Council, the Village Manager, and Mr. Calbi and his staff to advance good public policy in the state, working with the New Jersey Department of Environmental Protection (NJDEP), the New Jersey Environmental Protection Agency (NJEPA), the New Jersey Governor’s Office, Capitol Hill and the White House.  Mr. Drulis mentioned the stimulus payments received by Ridgewood Water for various qualifying projects.  He mentioned that there are many water utilities “lining up” to be in the same position as Ridgewood Water currently is.

 

Mr. Drulis stated that the real success has been the constant communication between the Village government and State and Federal governmental agencies.  He stated that Ridgewood has a “credibility,” which is extremely valuable when discussing environmental and other issues.  He remarked that it is not a “hand out” mentality, but rather a view towards enacting effective legislation to benefit local utilities.  His firm and Ridgewood Water worked closely with Congressman Gottheimer this year on the Community Funding projects, which has never been done before. Mr. Drulis said that the I-Bank is once again “flushed with cash,” which was not the case in 2018.  Morford Drulis has been working with the I-Bank to ensure that the Village obtains the “cheapest” money possible.  Mr. Drulis said that the Village has a great rating and is able to take advantage of grants that will greatly reduce interest on borrowed funds.  This benefits all taxpayers in Ridgewood.

 

Regarding the IUP, which Mr. Calbi mentioned earlier, Mr. Drulis spoke about the PFAS mitigation “build out” and how a large portion of this project is being done in an abbreviated fashion.  They are working with the NJDEP to raise the caps, so that the full amount of that money could qualify for no-interest loans and the highest “blended” rate possible, which efforts Mr. Drulis expects to be successful.

 

Mr. Drulis stated that his firm works closely with the Legislature to help them craft bills that offer meaningful, cost-effective and realistic solutions, rather than just quick solutions, and solutions with reasonable timeframes, such as with three-year rollouts rather than one-year rollouts. They will continue to educate new legislators as they get elected and new policy leaders as they are appointed.  Mr. Drulis stated that clean water is a “hot topic” lately.  His firm will provide the Village with monthly updates, discuss upcoming trends, and seek new initiatives that will keep Ridgewood “ahead” of the regulatory hurdles set forth by the NJDEP.

 

Councilman Vagianos stated that Morford Drulis has demonstrated some very substantial and tangible results to the Village, which he appreciates.  Councilwoman Reynolds also thanked Mr. Drulis.  Mayor Knudsen remarked that the coalition meetings are very informative and feels that hiring Morford Drulis was one of the best decision the Village Council made in 2018.

 

2.         AWARD SOLE SOURCE CONTRACT – FURNISH CORROSION INHIBITOR

 

Ms. Mailander explained that this item pertains to the awarding of a Sole Source Contract to furnish corrosion inhibitor Carus 4500 to Ridgewood Water.  Ridgewood Water tested the blending of Passaic Valley Water Commission (PVWC) and Ridgewood Water via a controlled Pipe Loop Corrosion Study in 2019.  The PVWC utilized a corrosion control product called Carus 4500 and positive results regarding corrosion were found while blending Carus with the existing Poly/Ortho product utilized by Ridgewood Water. 

 

The NJDEP was provided with a copy of this Corrosion Control Study and subsequently issued a permit to Ridgewood Water that required the addition of Carus 4500 at the PVWC interconnection.  The PVWC interconnection was activated into the Ridgewood Water system on August 10, 2022.  Based on this information, the continuous use of Carus 4500 is strongly recommended as a sole source for corrosion control at the PVWC interconnection.  It is recommended that Carus 4500 be purchased from Carus, LLC, of Peru, Illinois, in an amount not to exceed $26,000.00.  Funding is in the Water Utility Operating Account.  Deputy Mayor Perron asked that the name of that specific account be delineated in the proposed resolution.

 

                        3.         DISCUSSION ON REGULATIONS FOR SMART CONTROLLERS

 

Mr. Calbi indicated that the issue of Smart Controllers was last discussed at a Village Council meeting on August 3, 2022.  At that time, he was asked to review his records and tally data regarding the use of Smart Controllers (i.e., whether the Smart Controllers are effective in promoting water conservation).  Mr. Calbi said that there were a total of 345 Smart Controller permit holders through August 31, 2022.  Of those permits, 326 were issued through 2021.  There were 19 new permits issued in 2022, but those were not included in the results since there was no prior water usage data with which to compare them.  Similarly, the permits issued in 2021 were not included since there was no data to ascertain whether or not the Smart Controllers saved water.  Therefore, he examined 246 accounts.

 

Mr. Calbi said that the 246 accounts were comprised of customers who got a Smart Controller permit between 2017 and 2020.  Comparisons were made between the time customers got their Smart Controllers through 2021 to determine their average usage on an annual basis (either saving water or using more water).  Of those 246 accounts, they were only able to examine 148 of them, since some homes had changed ownership during that time period and Smart Controller permits do not automatically transfer to new owners.  However, further analysis could be done.  On the basis of the 148 accounts from 2017 through 2020, Mr. Calbi found that 73 accounts (approximately 50% of them) reduced their usage by upwards of 36%.  The other 50%, or 75 accounts, increased their usage, some very significantly (upwards of 70%).  This is similar to the 50/50 split, which he estimated in August 2022.  Mr. Calbi indicated that the same percentages are seen with regular water restrictions.  There are usually 50% of people who comply with the regular two-day-per-week restrictions, and 50% of people in all four communities served by Ridgewood Water who probably do not.  Mr. Calbi said that there are customers who take advantage of having Smart Controllers.

 

Mr. Calbi said that there are definitely changes, which need to be made to this system, although he would not abolish the system completely, since there are some people who are abiding by the restrictions and are saving water.  The water restriction guidelines are not contained within the ordinance for Smart Controllers, but rather it is up to Ridgewood Water to set these guidelines regarding Smart Controller permits. Mr. Calbi stated that the guidelines developed by Ridgewood Water were based on a State model ordinance, including the times designated for the use of Smart Controllers.

 

Moving forward, Mr. Calbi would like to vary from the guidelines as they now stand, so that the Smart Controller guidelines are more consistent with the guidelines for those without Smart Controllers, with the same time restrictions.  He said that he would not restrict days for Smart Controller usage, since there would then be no difference between the restrictions for those with Smart Controllers and those without Smart Controllers.  Mr. Calbi said that another suggestion, together with restricting the times for Smart Controllers, would be to offer some incentives (i.e., a rebate or credit on a water bill if a customer installs a Smart Controller system).  In addition, when people recertify every year, his staff could review a customer’s usage data to see if they are actually saving water and watering “smart.”  If they are not, they will not be recertified.

 

Deputy Mayor Perron questioned whether making the time restrictions for watering “consistent” would allow watering between 3:00 A.M. and 7:00 A.M. every day of the week or just two days a week for everyone.  Mr. Calbi replied that those with Smart Controllers would be allowed to water every day of the week, although the Smart Controller is supposed to decide on which days it should water, between 3:00 A.M. and 7:00 A.M., instead of the current hours between midnight and 10:00 A.M.  When questioned by Deputy Mayor Perron, Mr. Calbi said that restricting the days for Smart Controller usage would make the restrictions the same for everyone and, therefore, there would be no incentive for homeowners to install a Smart Controller.

 

Councilman Vagianos asked how many customers Ridgewood Water has, and Mr. Calbi replied that there are 21,000 accounts with approximately 350 permit holders, and half of those 350 permit holders (175) are noncompliant.  Councilman Vagianos asked if 50% of the 21,000 accounts are customers who are noncompliant with water restrictions, and Mr. Calbi replied in the affirmative. 

 

Councilman Vagianos stated that he feels Mr. Calbi’s recommendations should be implemented.  Since the number of permit holders is small, Councilman Vagianos felt that more focus should be placed on the 10,000 customers without Smart Controllers who are noncompliant.  He likes the idea of denying recertification if it is found that a customer is not following the water restrictions.  Mr. Calbi mentioned that sometimes people have leaks of which they are unaware, and he would not want to penalize customers, if that were the case, for excess water usage.  However, he believes that this would be a good start to make people more aware of how they are watering.

 

Councilwoman Reynolds asked how many customers actually recertify, since it doesn’t seem as though people recertify every year, based upon the numbers presented by Mr. Calbi.  Mr. Calbi replied that he is not sure of how many customers recertify each year, but he said that the numbers do increase each year.  He said that he can find out the answer to Councilwoman Reynolds’ question and get back to her.  There was a discussion about how many permits are issued each year, how many were new permits, and how many were recertifications.  In 2022, there were 345 permits.  Councilwoman Reynolds asked how recertifications are accomplished (in person or online), and Mr. Calbi replied that customers are sent a letter and a form which needs to be filled out, attesting that they will continue to follow the regulations.  Once the form is received, it is put on file in the Ridgewood Water office.

 

Councilwoman Reynolds asked how Smart Controllers are set up and when they are set up.  Mr. Calbi replied that a Smart Controller waters based on climate and weather data.  Smart Controllers have to meet certain criteria and be U.S. Water Sense approved.  The Smart Controller contains a device that hooks up to Wi-Fi or to a rain sensor on one’s property and it uses that data to control when it should water.  Customers have to prove that they have a Water Sense-certified controller and that it is programmed in automatic mode, utilizing weather data and/or a rain sensor on their property. 

 

Councilwoman Reynolds asked Mr. Calbi how customers prove this, and he replied that customers send a photograph of the unit, showing the type of unit, that it is set to the automatic mode, and that the rain sensor is on.  Councilwoman Reynolds stated that a customer can change the device once the proof is sent to Ridgewood Water.  Mr. Calbi replied that apparently 50% of customers are doing so.  Some Smart Controllers can also be hooked up to a smart phone, thereby enabling a customer to override the automatic mode and set the controls to manual.

Councilwoman Reynolds stated that she agrees on changing the hours during which Smart Controllers may be used (3:00 A.M. to 7:00 A.M.).  She says that perhaps the 10,000 customers are noncompliant because they see their neighbors watering their lawns at all hours, either intentionally or unintentionally, so they feel they can do the same.  Mr. Calbi said that a postcard is sent to all customers each year containing the water restrictions.  The rules are published in the Village calendar as well, and residents receive more literature when the placard is mailed to them.  He said that a lot of outreach is done by Ridgewood Water to make sure customers are aware of the regulations.

 

Councilwoman Reynolds asked Mr. Calbi where people place the placards, which are given to them when they receive a permit.  Mr. Calbi replied that the placard is about the size of a license plate (blue background with white letters) and customers are advised to put the placard in a front window or on a stake in the ground, since it is waterproof, in a location that is visible on the property.  Councilwoman Reynolds asked whether his staff, who go out at night to check for violations, have a list of customers with Smart Controllers.  Mr. Calbi said they don’t necessarily have such a list.  However, they keep a list of people who have been found to be in violation of the water regulations and then compare that list to the Ridgewood Water database.  If one of the customers has a Smart Controller, they will not receive a warning or a ticket.

 

Mayor Knudsen asked what the breakdown is of Smart Controller owners by municipality (areas served by Ridgewood Water).  Mr. Calbi said that Ridgewood residents have the majority of Smart Controllers, and Glen Rock, Wyckoff and Midland Park probably have no more than 20 each.  Mayor Knudsen asked Mr. Calbi if he has a breakdown of which customers increased their water usage, and Mr. Calbi replied that he did not but could get that information.

 

Mayor Knudsen replied that the water restrictions were implemented in an effort to conserve water.  She feels that customers who significantly increase their water usage should receive a letter from Ridgewood Water stating that their watering system/account will be monitored and, if the overuse continues, they should be put on notice that their Smart Controller permit will be terminated immediately, after which time they would have to follow the rules just like everyone else. 

 

Mayor Knudsen stated that she agrees with public comments previously made by Mr. Loving that the regulations seem “skewed” in favor of those with Smart Controllers.  She feels that use of Smart Controllers should be limited from 3:00 A.M. to 7:00 A.M., and that a warning should be given to customers who are exceeding their water usage, with termination of the permit should the violations continue.

 

Councilman Vagianos agreed with Mayor Knudson, but stated that he is concerned about the amount of time spent on the relatively few Smart Controller customers, as opposed to the 10,000 or so customers who are noncompliant with the water restrictions.  He asked Mr. Calbi how much time it would take to monitor the 350 permit holders, relative to the amount of time that could be spent monitoring the other 20,000 customers.  He wondered whether the Village was being “penny wise and pound foolish” by only monitoring the accounts with Smart Controllers.  He felt that more water could be conserved by concentrating on the accounts without Smart Controllers. Mr. Calbi replied that there is a commitment required by the other three municipalities, but that it is a “time drain” one way or the other.  Councilman Vagianos said that just concentrating on the Ridgewood accounts, which “dwarf” the accounts in other municipalities, would result in more water conservation.  He acknowledged, however, that there is not an unlimited resource of manpower at Ridgewood Water.  Mr. Calbi recommended reviewing accounts annually when it comes time for recertification of the Smart Controller permits.  Quarterly water readings could be reviewed, but this would require more staff time.

 

Mayor Knudsen asked how the recertification process would work with the new time restrictions.  Mr. Calbi indicated that Ridgewood Water would set up new guidelines and outline new requirements for recertification for the Smart Controller permits and watering “smart.”  They would advise customers that their annual usage will be compared to the prior year and, if they have increased their consumption of water over a set threshold, the permit will not be renewed.  Councilman Vagianos and Mayor Knudsen both agreed, but stated that efforts should be focused on the bigger picture (10,000 noncompliant customers).  Mayor Knudsen felt that violators should be advised that their Smart Controller accounts will be subject to a quarterly review of water usage, in addition to the annual review, when it comes time for recertification.

 

Deputy Mayor Perron stated that she has a Smart Controller and would like to see Mr. Calbi’s recommendations implemented as soon as possible.  In this way, all Ridgewood residents with Smart Controllers, at least, will be aware that the hours within which they may water will be from 3:00 A.M. to 7:00 A.M.

 

Matt Rogers, Village Attorney, stated that the key to the whole issue is enforcement.  The wording will probably need to be changed in the Smart Controller permit application, putting the applicant on notice of the changes, which are being made by Ridgewood Water.  With such a small number of Smart Controller users, he wondered whether it would be worth the trouble to monitor those accounts to ensure compliance.  He said the problem was getting Glen Rock, Midland Park and Wyckoff officials to enforce the water restrictions.  Mr. Rogers noted that even though a Smart Controller account may not receive recertification, that does not mean that the Smart Controller will be turned off or that the customer will all of a sudden become compliant with the water restrictions.  Mr. Calbi said that those customers would be reverted back to watering only two days per week.

 

There was further discussion regarding the issuance of warnings and summonses for Smart Controller users.  Mayor Knudsen reiterated that she felt there should be a notice on the permit application stating that Smart Controller accounts may be subject to a random review of water usage to ensure that the Village is meeting its goals and objectives of water conservation.  Councilman Vagianos stated that he would be in favor of this as well, as long as it did not create manpower issues.  Councilwoman Reynolds agreed with Mayor Knudsen.

 

Mr. Calbi asked if the applicant would have the right to appeal such a decision by Ridgewood Water.  Mr. Rogers replied that the right to appeal a decision to revoke a Smart Controller permit does not necessarily need to be offered by Ridgewood Water.  He added that the wording on the application would have to be carefully composed to avoid any legal ramifications.

 

Mr. Calbi asked whether the Village Councilmembers were in favor of a credit on a customer’s bill if they bought and installed a Smart Controller on their property.  Mayor Knudsen said that she had a problem with this option, because there are many water conservationists who preserve water without Smart Controllers.  She feels that it would be fundamentally unfair to offer a credit on a customer’s bill if they purchase a Smart Controller, since there are many people who follow the rules and conserve water.  Mr. Calbi indicated that he will work closely with Mr. Rogers to draft an amendment to the water ordinance and will present the draft to the Village Council as soon as possible.

 

            B.        PARKING

 

                        1.         PARKING PERMITS

 

Ms. Mailander indicated that this item pertains to the rates for 2023 parking permits for residents and non-residents.  She indicated that Resident Premium and Non-Resident Premium permits cost $1,325.00 in 2022, and Resident Non-Premium and Non-Resident Non-Premium permits cost $1,000.00 in 2022.  It is proposed that the fee of $1,325.00 for Resident Premium permits be increased by 4% to $1,375.00, and the fee of $1,325.00 for Non-Resident Premium permits be increased by 9% to $1,445.00.  In addition, it is proposed that the fee of $1,000.00 for a Resident Non-Premium parking permit be increased by 4% to $1,040.00, and that the fee of $1,000.00 for a Non-Resident Non-Premium parking permit by increased by 9% to $1,090.00.

 

Mayor Knudsen remarked that she felt that prices should be decreased rather than increased, considering today’s economic environment.  She mentioned that people are really struggling to put food on their table and buy diapers for their babies.  Councilwoman Reynolds agreed, stating that the Hudson Parking Garage is empty and people should be using it.  She feels that Ridgewood should be more competitive with other towns, such as Ho-Ho-Kus and Glen Rock.  She mentioned that many people are parking at the Ho-Ho-Kus and Glen Rock train stations because it is less expensive than Ridgewood, although she stated that she was not sure of what the parking fees are in those towns.  Ms. Mailander agreed that parking is less in Ho-Ho-Kus and Glen Rock, but indicated that Ho-Ho-Kus does not have very much parking and Glen Rock charges more for non-residents.  Councilwoman Reynolds asked how much these two towns charge for parking, and Ms. Mailander indicated that she would find out.

 

Councilwoman Reynolds indicated that there were 425 permits issued in 2016 and only 87 in 2022.  Councilman Vagianos stated that the pre-2021 numbers have absolutely no bearing on 2021 and 2022.  He stated that price was the “smallest factor.”  Councilwoman Reynolds disagreed, stating that a lot of people are now returning to work, on a limited basis, since the Covid pandemic, and they will not be willing to pay these fees for parking five days a week when they are only working two to three days per week. 

 

Councilman Vagianos asked if the Village could offer a permit to residents for parking only a portion of the week, which he stated is becoming the “new normal.”  Councilwoman Reynolds stated that that would be impossible to enforce.  Ms. Mailander remarked that the Village does offer a daily permit.  Deputy Mayor Perron stated that the parking permit fees are not very well explained on the Village website.  The ordinance indicates that individuals may sign up online, but Deputy Mayor Perron noted that she could not figure out how to do that.  Ms. Mailander stated that the option for same is under “Click and Park” (name given by the vendor), but perhaps it could be named something else or an explanation could be posted near the link so that it is more user friendly.

 

Councilman Vagianos asked Ms. Mailander to explain about the daily permits offered by the Village.  Ms. Mailander explained that an individual must be a Ridgewood resident and must obtain a free Ridgewood resident sticker, which is affixed to a car window.  The resident must then log onto the Village website, go to “Parking,” and then click on “Click and Park.”  The resident must choose the day or days on which they want the one-day permit ($20.00 a day) and then pay online.  The resident then needs to print out the permit, which is placed on a car’s dashboard.  Councilman Vagianos stated that people who are working a partial week do not want to log onto the Village website every day to obtain a daily parking permit.  They would rather just perform the online process once so that they have a permit to use. 

 

Ms. Mailander indicated that these individuals can also park at the train station and pay by the Park Mobile app or by the kiosk, as long as they have the free sticker identifying them as a Ridgewood resident. Councilman Vagianos suggested that the parking permit options should be adapted to the “current times” so that residents may purchase a permit for one, two or three days a week, according to their needs, which is effective all year long.  Ms. Mailander stated that enforcement would be difficult with such permits, but that she could certainly look into it.  Councilman Vagianos said that he was confident that the Village had enough professionals who could figure out how to adapt the five-day-a-week permit model to a two- or three-day-a-week model.

 

Mayor Knudsen noted the decrease in parking permits issued between 2017 and 2021, as prices increased over that time.  She wondered if parking permit fees could be “rolled back” for a year or for just a few months, stating that more permits would be sold and the Village would gain more revenue.  Councilman Vagianos stated that he was not opposed to decreasing the prices, but he felt that most people did not need a five-day-a-week parking permit.  Mayor Knudsen stated that issuing permits for a specified number of days per week would be an enforcement “nightmare.” 

 

Councilwoman Reynolds stated that when a resident obtains a parking permit, the permit is good for any day of the week, including weekends.  She suggested perhaps issuing a ticket booklet, with residents using a ticket each time they need to park.  Ms. Mailander wondered how the used ticket would be collected so that a resident could not reuse it.

 

Deputy Mayor Perron stated that she would like to explore both avenues.  She felt that Park Mobile may have encountered this same situation before.  Ms. Mailander explained that the permits are issued by the Village, and not through Park Mobile.  Councilman Vagianos suggested that this matter be carried to the next Village Council meeting.  Ms. Mailander agreed, but stated that the ordinance would need to be introduced and adopted by November 2022, so that the 2023 permits may be sold in December 2022.  Ms. Mailander stated that enforcement of two- or three-day permits would be difficult.  There was further discussion comparing the prices a resident could pay for parking, such as through Park Mobile, a kiosk, or via a permit.  There was also a discussion about the ability of non-residents to obtain a parking permit for a set period of time.

 

Mayor Knudsen summarized by stating that they would need to find out if it would be feasible to issue parking permits for two or three days a week, and should perform an analysis to see if more permits were sold if prices were rolled back to 2017 rates during a trial period.  Ms. Mailander asked if the Village Councilmembers wanted to offer non-residents the same price for premium and non-premium parking. Mayor Knudsen replied in the affirmative, anticipating that the number of permits sold would increase and, therefore, the Village would generate more revenue.  Ms. Mailander asked if non-resident passes should be sold in the third week of January, with residents given priority to purchase them in early January.  Mayor Knudsen felt that both residents and non-residents should be given an equal opportunity to purchase the parking permits at the same time in 2023.  Everyone was in agreement.

 

C.        BUDGET

 

1.         AWARD CONTRACT – SODIUM BISULFATE SOLUTION AND SODIUM HYPOCHLORITE SOLUTION - WPCF

 

Ms. Mailander indicated that this item pertains to the awarding of a contract for sodium bisulfate solution and sodium hypochlorite solution for the Water Pollution Control Facility (WPCF) for use in treating the Village’s wastewater.  There were five holders of the plans and specifications, and the Village received three responding bids.  One of the bids was incomplete.  The apparent low bidder, Miracle Chemical Company of Farmingdale, New Jersey, submitted a complete bid package.  Miracle Chemical successfully supplied chemicals to the Village in the past.  This year’s bid has the option to extend it for an additional year, with the consent of both parties.

 

Ms. Mailander indicated that the cost for chemicals has gone up considerably from last year.  Costs for the sodium bisulfate and sodium hypochlorite have almost doubled.  It is recommended that this contract be awarded to Miracle Chemical Company in an amount not to exceed $156,239.00.  Funding is contained in the Water Pollution Control Facility’s Operating Budget.

 

2.         AWARD CONTRACT – ADDITIONAL AWARD – TREE PLANTING THROUGHOUT THE VILLAGE

 

Councilman Vagianos recused himself from this discussion.  Ms. Mailander indicated that this item pertains to the awarding of a contract for additional tree planting throughout the Village.  The Village Council previously awarded a contract to Downes Tree Service of Hawthorne, New Jersey, in the amount of $84,530.00 for tree planting throughout the Village.  The Parks Department has money in their budget to cover the cost of planting 32 additional trees.  It is recommended that Change Order No. 1 be awarded to the original low bidder, Downes Tree Service, in the additional amount of $16,845.00.  Funding is contained in the 2022 Capital Budget.  It is hoped that the additional trees can be planted this fall.

 

Deputy Mayor Perron indicated that she was in favor of this contract, provided that there is sufficient staff and an arborist to oversee the planting, to ensure that the contractor is correctly performing these services.  She feels that the contractor should be supervised.  Councilwoman Reynolds asked if the planting of trees is being supervised at the present time, and Deputy Mayor Perron replied that she believes that every tree planting is supervised.  Ms. Mailander remarked that she was not sure if someone is personally supervising the hundreds of trees that are being planted.  Mayor Knudsen asked if the trees are “guaranteed” to live.  Deputy Mayor Perron said that usually the trees are guaranteed for one year, but she wondered what would happen if a tree died after that one-year period.

 

Councilwoman Reynolds remarked that a certain procedure has to be followed when planting a new tree, especially in the Central Business District, but she wondered if that same procedure is followed elsewhere in the Village.  Deputy Mayor Perron stated that it was a big deal to plant a tree, since all of the utilities, such as water and gas, have to be checked and marked out before a tree can be planted.  Ms. Mailander remarked that Downes Tree Service has already planted many trees this year in the Village.  Deputy Mayor Perron asked when these additional trees would be planted or whether it would be continuous.  Ms. Mailander replied that it would be continuous.  However, she stated that the resolution would become effective at the October 12, 2022 Village Council meeting.

 

3.         AWARD CONTRACT – DISPOSAL OF RECYCLABLE MATERIALS

 

Ms. Mailander explained that this item deals with the disposal of recyclable materials.  On July 17, 2019, the Village awarded a three-year contract, with two one-year options, for the disposal of recyclable materials.  This resolution would award the first one-year renewal option to Atlantic Coast Fibers, LLC, of Passaic, New Jersey.  Since this is a recycling contract, it does not have to be bid, according to State statute. 

 

Deputy Mayor Perron asked if Atlantic Coast Fibers was subcontracting out since the fire.  Mr. Rogers replied that the Village has an agreement with them through two facilities in Newark, New Jersey, that are accepting both comingled and fibers.  Atlantic Coast Fibers expects that their plant in Passaic will be breaking ground sometime in 2023 or 2024.  Deputy Mayor Perron asked what the two facilities in Newark were, and Mr. Rogers replied that they are Waste Management, which is accepting comingled, and YES (Your Environmental Solutions) Recycling, which is accepting fibers.

 

4.         AMEND COOPERATIVE CONTRACT – ADDITIONAL FUNDING FOR FUEL

 

Ms. Mailander stated that this item deals with awarding a contract through the New Jersey State Cooperative Purchasing Program. Additional funding is needed to purchase fuel for the Village’s Fleet Services Division for the remainder of the year.  It is recommended that this contract be awarded to Racheles/Micheles of Clifton, New Jersey, in an additional amount not to exceed $235,000.00.  Funding is contained in the Operating Budget.  This funding is needed due to the rising cost of fuels for Village equipment and vehicles.  Fuel use has remained consistent, but prices have risen.

 

5.         AWARD COOPERATIVE CONTRACT – INSTALLATION OF VEHICLE TRACKING SOFTWARE

 

Ms. Mailander indicated that this items deals with the awarding of a contract for the installation of vehicle tracking software.  Since 2018, the Village has been tracking over 100 Village vehicles utilizing online software from Vehicle Tracking Solutions (VTS).   The software and vehicle hardware are integrated into a live web platform, and Village staff have integrated the software into daily operations.  Examples include fast tracking responses to customer emergent requests by locating the closest vehicle to the address of the customer; verifying accident and incident data by reviewing vehicle track, speed and stop times; monitoring snowplowing operations and answering customer complaints on the number of times a plow passed and vehicle speed; and verifying and trending sanitation and recycling trips to the transfer stations. 

 

It is recommended that this contract be renewed with Vehicle Tracking Solutions, under SHI International Corp. Purchasing Cooperative of Somerset, New Jersey, in an amount not to exceed $30,512.40, from July 1, 2022 through June 30, 2023, under the Bergen County Cooperative Purchasing Program.  Funding is contained in the various departmental Operating Budgets.  The per vehicle cost for the VTS hardware and software is $21.19 per month, and it is projected that a total of 120 vehicles will be covered by the system during the next contract year.  Ms. Mailander indicated that this vehicle tracking system has proven to be very beneficial to the Village; for instance, if a resident reports a plow speeding on their street, the speed of the plow can be checked via this system.

 

Mayor Knudsen asked for confirmation that the costs will be apportioned for each department, noting that Ridgewood Water currently has 31 vehicles. Mr. Calbi replied that each department’s Operating Budget gets charged according to the number of vehicles it has.

 

6.         DECLARE SURPLUS – VEHICLE AND EQUIPMENT

 

Ms. Mailander explained that this item deals with declaring surplus vehicles and equipment that the Village has used.  The vehicles and equipment are no longer mechanically viable, and many have extensive corrosion and expensive repair needs.  The vehicles and equipment are taking up valuable space and decaying further, thereby reducing their value.  It is recommended that these surplus vehicles and equipment be sold on govdeals.com, an online auction platform, so that the Village may receive some revenue. Ms. Mailander remarked that the Village gained approximately $36,000.00 in revenue from the last auction of surplus vehicles of a similar nature.

 

C.        POLICY

 

1.         SIDEWALK REPLACEMENT PROGRAM AND TREE REMOVALS

 

2.         UPDATE ON AMENDMENT TO TREE ORDINANCE

 

Ms. Mailander explained that this item pertains to a sidewalk replacement program and tree removals.  According to a memo composed by Yendi Anderson of the Village Engineering Department, there were 241 sidewalk permits obtained between 2017 and 2022.  There were an average of 40 tree-related sidewalk permits issued between 2017 and 2022.  The memo also set forth the number of tree removals, round-outs and root grinding operations between 2017 and 2022, as well as repeat sidewalk permits obtained and costs of slabs based upon reports from three local contractors.  The number of ramp-overs constructed during those years was missing from this memo.  However, Ms. Mailander spoke with Declan Madden, Village Arborist, who reported that approximately four to five ramp-outs or ramp-overs were constructed each year.  He indicated that 50% to 75% of those residents needing ramp-overs do not want to pay the extra cost associated with such construction.  There have been only two ramp-overs constructed in 2022, with one on South Irving Street and one on a different street.  One resident on South Irving Street is researching the rubberized pavement (impervious).

 

Deputy Mayor Perron asked if a tree would have to be removed entirely if a resident did not wish to pay the extra cost of constructing a ramp-over or round-out.  Ms. Mailander indicated that when a tree’s roots are ground because they are uplifting sidewalk slabs, the tree can sometimes become unstable and topple over, or die.  Councilwoman Reynolds thought that tree grinding was not allowed anymore in the Village. 

 

Ms. Mailander replied that grinding of tree roots is still permitted on a case-by-case basis, based upon the opinion of the Village Arborist.  Ms. Mailander stated that the tree ordinance, as it is now written, does not indicate that a resident may automatically raze a healthy tree.  However, it does state that the Village Arborist must approve the removal of a tree.  There was further discussion regarding situations in which a homeowner may or may not remove a tree.

 

Councilman Vagianos remarked that the cost to the Village of removing a large tree might exceed the cost of constructing a ramp-over.  There was a discussion as to whether the Village, if at all, would assist a homeowner with the cost of constructing a ramp-over or round-out. 

 

Mayor Knudsen stated that the Village is spending a “fortune” to restore the tree canopy, and it did not make sense to pay for removing a tree when the tree could be saved with special sidewalk construction.  Regarding the 88 tree removals performed during the 2017 to 2022 time period, Mayor Knudsen wondered how many were removed because a homeowner did not want to pay extra for a ramp-over or round-out.  Ms. Mailander reiterated that the Village Arborist reported that four to five ramp-outs or ramp-overs were constructed each year between 2017 and 2022.  He indicated that 50% to 75% of those residents needing ramp-overs did not want to pay the extra cost associated with such construction.

 

There was further discussion about the number of trees removed versus tree-related sidewalk work performed.  Ms. Mailander clarified that some of the trees whose roots were uplifting sidewalks were either dead or diseased, and therefore had to be removed.  Mayor Knudsen again asked how many healthy trees were cut down because someone didn’t want to bear the cost of additional sidewalk construction.  Ms. Mailander reiterated that it is 50% of the four to five residents who needed ramp-overs but did not want to pay for the sidewalk construction.

 

Councilman Vagianos indicated that Ms. Anderson’s report reflected that there was an average of 15 tree removals per year (between 2017 and 2022), an average of 8 round-outs per year, and an average of 19 root grindings per year.  He thought that the numbers they needed to consider were the average total of tree-related work performed per year (42).  Councilman Vagianos suggested that a homeowner be responsible to pay for a certain amount of sidewalk construction, with the Village “picking up the tab” for the remaining cost.  This would preserve Village trees and save the Village money in terms of having to remove a tree.  Mayor Knudsen was in agreement.  Deputy Mayor Perron said that she would limit the Village reimbursement to the ramp-overs, rather than paying for extra sidewalk slabs. 

 

Councilwoman Reynolds said that if a homeowner has to pay for repairing a sidewalk due to tree roots uplifting slabs (grinding roots and then constructing a regular straight sidewalk or a round-out); the cost for same should be the homeowner’s responsibility.  However, if a ramp-over (four or more slabs) were required, then the Village could assist the homeowner with those costs.  Councilman Vagianos suggested establishing a “flat fee” for simplicity. Ms. Mailander pointed out that costs vary too much for that to be practical.  Mayor Knudsen stated that she was agreeable to a flat fee.  There was further discussion as to whether or not the Village would assist a homeowner in paying for a round-out, and whether or not a round-out actually costs more to construct than just a regular sidewalk.

 

Councilwoman Reynolds asked whether or not the fixed reimbursement would be per slab, since some people may need only three slabs, while some may require six slabs to be replaced. There was a discussion about placing an undue burden on homeowners to repair sidewalks in order to preserve a Village tree.

 

Deputy Mayor Perron stated that, during a conversation with Declan Madden at the last meeting of the Shade Tree Commission, Mr. Madden was not as concerned about the round-outs, since residents are not complaining about the round-outs.  They are complaining about the ramp-overs, the costs for which are burdensome.  Deputy Mayor Perron stated, psychologically, if a resident felt that the Village is “meeting them halfway” and paying for half of the sidewalk construction costs, they would view this as being reasonable.  She doesn’t feel that they would view a flat fee as being reasonable. 

 

Mayor Knudsen and Councilwoman Reynolds both agreed with Deputy Mayor Perron’s suggestion that the Village and homeowner split the cost, rather than setting a flat fee.  An additional benefit, pointed out by Deputy Mayor Perron, would be that the Village would not have to look at whether or not the Village miscalculated the astronomical rise of concrete prices. It was agreed that the Village would pay half the cost of a ramp-over only, due to the number of slabs which would need to be constructed in order to be ADA compliant.

 

Councilwoman Reynolds questioned whether the Village would pay for half of the entire sidewalk project or only for the slabs needed to construct the ramp-over.  There was further discussion about how many slabs would need to be removed in order to construct a ramp-over, which could vary depending upon the pitch of the sidewalk, and could cost several thousand dollars. 

 

Mayor Knudsen suggested that the Village Arborist develop a “formula” for an equitable solution, which would preserve healthy Village trees, while at the same time lessening the financial burden to a homeowner.  Everyone was in agreement, but Councilwoman Reynolds felt that the Village portion should represent a percentage of the total cost, rather than simply a set 50%, since costs of construction and goods could rise exponentially.  Councilman Vagianos pointed out that the Village portion could be updated and adjusted as costs escalate.  If a job costs $2,500.00 and the Village were to be responsible for half of the cost, it would amount to $1,250.00, which he stated was a lot of money.  He also pointed out that the Village pays $600.00 to plant a tree with a 4” diameter.  It was finally agreed that Mr. Madden would be asked to develop some sort of formula to figure out how much a homeowner would be reimbursed by the Village, in order to preserve a Village tree.

 

3.         AMEND CHAPTER 3 – ADMINISTRATION OF GOVERNMENT ARTICLE II – VILLAGE COUNCIL

 

Ms. Mailander indicated that since the Municipal Election, for Village Councilmembers, now takes place in November of even-numbered years, Chapter 3, Article II, Village Council, of the Code of the Village of Ridgewood must be amended to reflect the new date for the Reorganization Meeting and the election of Mayor, Deputy Mayor, and President Pro Tempore.  Ms. Mailander explained that the Reorganization Meeting will take place during the first week of January in odd-numbered years, following the election of Village Councilmembers.  The Village Council shall hold a Reorganization Meeting for the election of Mayor, Deputy Mayor, and President Pro Tempore. 

 

Subsection 3.6A reflects that the Village Council shall assemble at Village Hall for a Reorganization Meeting and elect one of the Village Councilmembers as Mayor.  The Mayor shall be nominated by a Village Councilmember by a motion and second, followed by a roll call vote of all Village Councilmembers.  More than one Village Councilmember may be nominated for Mayor, via the same process. Once all nominations for Mayor have been made, seconded and voted on, the nominations for Mayor shall be closed.  All members of the Village Council shall then vote on all of those nominated for Mayor.  The Mayor shall then be chosen from those nominated, by majority roll call vote of the Village Council.  If the Village Councilmembers are unable to elect a Mayor with a majority vote, then the Village Councilmember who received the greatest number of votes in the last Municipal Election for Village Councilmember shall be Mayor.  Should such person decline to accept the offer, then the person receiving the next greatest number of votes shall become the Mayor.

 

Subsection 3.6B states that at the same time as a Mayor is elected, the Village Council shall elect one of the Village Councilmembers as Deputy Mayor.  Ms. Mailander then explained the process by which a President Pro Tempore shall be elected, along with the procedure by which vacancies in the Village Council may be filled.  She also explained the changes in Subsection 3.6E (“Council” was changed to “Village Council”) and “resolutions which have been adopted by the Village Council” was added to Subsection 3.6E(5).  Subsection 3.6E(6) states that the Mayor shall “have such other functions, powers and duties as the Charter or the Village Council, subject to the Charter or State statute may from time to time prescribe.”

 

Councilman Vagianos questioned the wording in Subsection 3.6A which stated, “If the Village Councilmembers shall be unable to elect a Mayor with a majority vote, then the Village Councilmember, who in the last Municipal Election for Village Councilmember (held at the November General Election in even numbered years) received the greatest number of votes shall be the Mayor.”  He asked about the Councilmembers who were elected in the prior election.  Ms. Mailander said that that wording (Councilmembers receiving the most votes in a prior election) could be used for electing a Mayor or Deputy Mayor.  Councilman Vagianos remarked that this would be a highly unlikely scenario, but felt that the word “last” should be omitted.  Deputy Mayor Perron suggested using the term “in the last two elections.”  Councilman Vagianos said that it should read “in the last three elections” or “in the elections in which all Councilmembers were most recently elected.” 

 

Mayor Knudsen felt that no changes should be made in the wording, since the present wording has been used “forever” and it is perfectly fine the way it is.  She said that the main objective in amending the ordinance is to reflect the fact that Municipal Elections are now held in November and the Reorganization Meeting is to be held in January.  Councilwoman Reynolds agreed with Mayor Knudsen.  Councilman Vagianos remarked that the wording does not need to remain the same, just because it has been the same “for a thousand years.”  He said that there is clearly a flaw in the wording, because it limits the Councilmembers to only those who received the greatest number of votes in the last Municipal Election. 

 

Mayor Knudsen reiterated that she was not interested in changing the wording, but Deputy Mayor Perron stated that she had the same question as Councilman Vagianos, stating that it seemed like an unnecessary limitation to look only at the most recent election.  However, she said it was very unlikely to “come into play.” Councilman Vagianos stated that changing the wording would “open the floor” to all members of the Village Council, as opposed to only two members who were elected at the last election.  Since there was no majority opinion, it was decided that the amendment would be left “as is” for the present time and would be discussed after the election in November. 

 

Councilman Vagianos stated that he is opposed to the amendment as presented and would not vote in favor of it.  Mr. Rogers stated that he was not sure this amendment to the ordinance could be introduced without a majority vote by the Village Council.  There was further discussion as to whether or not the ordinance amendment would be placed on the next Public Work Session agenda or be voted upon by the Councilmembers, since there would not be a majority vote.  Ms. Mailander said that she would like to at least amend the ordinance to reflect the new wording in Section 3-5, which sets forth the date for the Reorganization Meeting.  Mayor Knudsen thought that the entire amendment needed to be introduced as a whole.  Ms. Mailander said that different sections were being amended and, by State statute, the amendment must be done within the first seven days.

 

                        4.         POLITICAL SIGNS

 

Ms. Mailander explained that this next item deals with Ordinance No. 3540 (amendment to Chapter 190, Section 122) adopted in 2016, dealing with political signs being displayed and the timetable for their removal (no later than 20 days after the date of the election).  In the case of primary elections, the signs of all candidates who fail to remain as candidates in the ensuing general election shall remove their signs no later than 10 days after the date of the primary election.

 

Mayor Knudsen recalled when political signs were “shoved into” planters in the Central Business District during the last general election, which destroyed the flowers.  The Village Councilmembers thereafter developed an amendment to the ordinance forbidding any political signs from being placed in tree wells or planters and on telephone poles.  Mayor Knudsen did not feel there should be a time limit for signs and asked Mr. Rogers for his opinion. 

 

Mr. Rogers stated that there are differing positions constitutionally with regard to forcing the removal of political signs (right to free speech) on private property.  He stated that, in the interest of not confusing voters, signs of candidates who fail to remain as candidates in the ensuing general election should be removed as quickly as possible.  However, there are valid reasons for not desiring political signs to remain in place after an election (aesthetics as well as visual obstruction of drivers).  Mayor Knudsen asked Mr. Rogers what would happen if an individual asserted that his or her constitutional rights were being denied.  Mr. Rogers said that the Village may lose if someone challenged the constitutionality of this provision, depending upon where the signs are placed.

 

Councilman Vagianos said he was fine with the ordinance as it is presently written, although he stated that he is a huge advocate of free speech.  He stated that he was not in favor of keeping up political signs year round.  If the Village is challenged and loses in court, then the Village would abide by the court order.  Mr. Rogers pointed out that “political signs” only encompass signs for an election and not those in support of a cause or program, such as “No CVS” or “No Cannabis in Ridgewood.” 

 

Deputy Mayor Perron asked if this ordinance would be subject to “strict scrutiny.”  Mr. Rogers replied that he could not recall the specific constitutional standard that could be applied, but he is aware of a number of cases dealing with time periods within which election signs must be removed.  Deputy Mayor Perron felt that the Village has a valid government interest to not allow signs “ad infinitum,” although she was not sure if the Village had a “compelling” government interest.  She stated that she was fine with leaving the ordinance the way it is presently worded.  Ms. Mailander said that that seemed to be the feeling of the majority of the Village Councilmembers.

 

6.         REVIEW OF OCTOBER 12, 2022 PUBLIC MEETING AGENDA

 

Ms. Mailander indicated that the following Proclamations are on the October 12, 2022 Public Meeting Agenda:  National Diabetes Awareness Month and Declare October National Bullying Prevention Month.

 

There are no ordinances for either introduction or public hearing for Ridgewood Water.

Resolutions for Ridgewood Water include:  Award Contract Under State Contract – Annual Maintenance of Chlorine, pH and Phosphate Analyzers; Award Professional Services Contract – Public Policy Consultant; and Award Sole Source Contract – Furnish Corrosion Inhibitor.

 

Ordinances for introduction include:  #3922 and #3923 - 2022 Management and Non-Union Salary Ordinances, respectively; and #3924 and #3925 – 2022 Management and Non-Union Salary Ordinances, respectively.  Ordinance #3926 – Amend Chapter 3 – Administration of Government – Village Council will not be heard on October 12, 2022.  There are no public hearings on ordinances scheduled.

 

Resolutions include:  Award Contract – Disposal of Recyclable Materials; Award Additional Partial Award – 2022 Road Resurfacing and Repairs; Title 59 Approval and Award of Contract – Furnishing and Delivering Sodium Bisulfite and Sodium Hypochlorite Solution – Water Pollution Control Facility; Title 59 Approval and Award of Contract – Furnishing Laboratory Services – Water Pollution Control Facility and Graydon Pool Facility; Award Contract Under Bergen County Contract – Vehicle Tracking System; Award Contract Under State Contract – Gasoline and Diesel Fuel; Authorize Change Order – Tree Planting Throughout the Village of Ridgewood (Councilman Vagianos will recuse himself from this discussion); Award Contract – Sale of Compost from Lakeview Compost Facility; Chapter 159 – Accept United States Department of Agriculture Natural Resources Conservation Service – Emergency Watershed Protection Program Grant; Authorize Refund of Property Tax Overpayment; Accept 2021 Audit; Approve 2021 Corrective Action Plan; and Declare Property Surplus – Various Departments.

 

Ms. Mailander asked the Village Councilmembers if they wanted any items off of the consent agenda.  The resolution regarding Downes Tree Service will be taken off the consent agenda.

 

7.         PUBLIC COMMENTS

 

Rurik Halaby, 1 Franklin Avenue, stated that he would like to see a resolution ceding the entire Schedler property to SHPO.  He said that, if this happened, it occurred under the “watch” of the current Village Council and he wanted to see the resolution memorializing that action.  Mr. Halaby said that he finally received a statement from Mr. Rooney regarding a reconciliation of the money spent at the Schedler property, after asking for same for two years.  He stated that this has turned into a $7 million project, over a course of seven years.  Mr. Halaby asked when he could receive a statement advising where things “stand right now” at the Schedler property, predicting that costs are probably close to $8 million at the current time.  He said that, as a 52-year resident of Ridgewood, he and other Ridgewood taxpayers are entitled to receive a reconciliation of the monies spent to date on the Schedler property.

 

Mr. Halaby stated that he wanted to speak about conceptual plans versus engineering plans.  He said that taxpayers are entitled to be kept up to date on what is transpiring at the Schedler property and Zabriskie-Schedler house, rather than having the Village Council keep the “peasants” in the dark. There was an exchange between Mayor Knudsen and Mr. Halaby regarding a statement made which blamed Mr. Halaby for the delays of the Schedler project and called him a liar.  It was suggested Mr. Halaby was not “knowing the numbers,” but Mr. Halaby stated that he does understand the numbers.  He feels insulted by Mayor Knudsen and asked for an end to the insults.

 

David Refkin, 401 Wastena Terrace, stated that he has been a Ridgewood resident since March of 2020.  He serves as Vice Chair of the Green Ridgewood Committee.  He is the former Director of Sustainable Development at Time, Inc., and is Board President of the National Recycling Coalition.  In addition, he has been a consultant for the City of Detroit, where they focused on building a recycling infrastructure for the city.  He has been involved in recycling for many years.

 

Mr. Refkin feels that Ridgewood does a very “solid” job on recycling, but he mentioned that there are opportunities to employ Best Management Practices to increase revenues.  He said that as the Village considers renewing the contract with Atlantic Coast Fibers, there are a few key questions which should be asked of them.  They should be asked what the revenue forecast is and the range for recyclables, given the changeable nature of commodities.  They should ask if there is a floor or ceiling in the pricing.  Mr. Refkin stated that the commodity markets can “bounce all over the place,” but the Village should inquire how the budget can be protected regarding the revenue forecast for the Village.  Atlantic Coast Fibers should be asked how market changes affect Ridgewood’s revenue and what opportunities exist to increase revenues and improve recycling.

 

Mr. Refkin said that, since many people are now working from home, online shopping has increased, leaving a lot of corrugated cardboard in the recycling stream.  He thinks that consideration should be given to increasing the number of pickups for recyclables.  Village staff should consider if the recycler works with the Village to expand the recycling of new materials, such as various types of plastics that are currently not recycled.  They should consider how the recycling vendor works with the Village to reduce contamination, such as incentives to improve the quality of recyclables, resulting in increased revenue to both the Village and the recycling vendor.  They should ask if there is consideration to collect glass separately.  Since glass breaks, it becomes a contaminant and can ruin valuable recyclables such as metal cans and plastics.  Mr. Refkin indicated that he would be happy to work with the staff of the Recycling Department to improve the recycling operation in Ridgewood.

 

Deputy Mayor Perron asked Mr. Refkin if he was suggesting more frequent recycling pickups.  Mr. Refkin replied that Best Practices in many cities would have recyclables picked up as often as trash, and sometimes even more often than trash.  He said that Ridgewood could consider some automated systems, so that manpower would not have to be increased, such as one-person trucks with automatic recycling pickup.  Mr. Refkin indicated that the Village could explore a pilot program employing Best Practices, such as 64-gallon carts used strictly for corrugated cardboard.  He stated that cardboard becomes less valuable once it gets wet, and the carts would protect the cardboard and keep it dry if it rains.  If mixed paper could be segregated from corrugated paper, that would also increase the value of the materials.

 

Boyd A. Loving, 342 South Irving Street, stated that he thought Mr. Calbi’s suggestion this evening was wonderful, to motivate residents with Smart Controllers to operate them only between the hours of 3:00 A.M. and 7:00 A.M.  He has observed watering of lawns at 10:00 A.M., on different days of the week, and it is hard to tell if someone is using a Smart Controller system or not.  He has not seen a single placard in his neighborhood, yet he sees lawns being watered at all hours of the day.  He has been told by people that they have a Smart Controller, yet he has not observed a single placard.  Mr. Loving stated that he does not live in a neighborhood where the front window of a house is 100 feet away from the curb.  They are about 30 feet away from the curb, and he has not noticed a single placard.  This makes him question whether or not his neighbors, who say they have Smart Controllers, are actually registered.

 

Mr. Loving said that the suggestion of allowing watering with Smart Controllers only between the hours of 3:00 A.M. and 7:00 A.M. is a good start, but he stated that these residents will still be allowed to water seven days a week.  Residents without Smart Controllers are not allowed to water on Mondays, Thursdays or Fridays.  He is confused as to why those residents with Smart Controllers should be allowed to water seven days a week.  Mr. Loving said that these residents should also be restricted from watering on those days, just like everyone else.  He stated that the new water restrictions need to be incorporated into the ordinance.  He said that, currently, the ordinance only covers people who are using hose-ended sprinklers and automatic systems, but does not cover people who are using Smart Controllers.

 

Mr. Loving stated that he was “absolutely shocked” that the Village is willing to face a constitutional challenge in court regarding political signs.  He said that the Village Council is living in a vacuum.  Driving through Glen Rock and Wyckoff, Mr. Loving has observed many “Trump 2020” signs still remaining on people’s lawns.  He couldn’t understand why the ordinance would not be changed to reflect the constitutional right of people to have such signs on their property.  He said a challenge by a resident would cause the Village to incur massive legal fees.  He urged the Village Council to reconsider their decision regarding political signs.

 

Anne Loving, 342 South Irving Street, stated that she could not understand why she could have a sign on her lawn for a long time stating that she was, for example, in support of full-day kindergarten, yet she can’t have a political sign on her lawn for as long as she wanted.  She stated that it was her constitutional right to have such a political sign on her property for as long as she chose.  Ms. Loving said that she disagreed with some comments made by Village Councilmembers to let the ordinance stand as is and just wait and see if it is challenged.

 

There were no further comments from the public.

 

Councilman Vagianos commented that it does sound like a constitutional issue requiring residents to remove political signs from their property 20 days after an election, but the Village is unaware of what the ramifications would be if that ordinance were challenged.  He stated that the Village has an interest in keeping the landscape clear.  He said that if a court finds that this aspect of the ordinance is unconstitutional, then the Village must abide by the court order.  However, until there is a court ruling on same, Councilman Vagianos does not think the Village should be intimidated by the threat of court action or legal fees.  He stated that he understood the reasoning set forth by Boyd and Anne Loving, but respectfully disagreed with them.

 

Councilman Vagianos asked Ms. Mailander and Mr. Rogers whether the administration of government amendment was going to be placed on the agenda for a vote at the next Village Council meeting.  Ms. Mailander said that she had not planned on adding that amendment to the agenda. Councilman Vagianos stated that the way the amendment is currently written, of the four Village Councilmembers present this evening, the only Councilmember who would be eligible to become Mayor, Deputy Mayor or President Pro Tempore would be Mayor Knudsen.  He asked Mr. Rogers whether Mayor Knudsen would have a conflict in that regard, because she would be the only sitting Councilmember who would benefit by this provision in the amendment. 

 

Mr. Rogers replied that he did not believe there would be a conflict, and pointed out that there would not be a majority vote to pass the amendment anyway.  Councilman Vagianos stated, however, that the other three Councilmembers would be ineligible to be Mayor with the wording as it now stands.  Deputy Mayor Perron said that the Village Councilmembers can decide, by majority vote, as to who should become Mayor.  The clause in question (greatest number of votes in the last election) only comes into play if such majority vote cannot be reached.  Councilman Vagianos agreed, but stated that if there is no majority vote to decide who becomes Mayor, the only one who would be eligible to become Mayor would be Mayor Knudsen, since the only votes that would be counted would be those from the “last” election, rather than the last two or three elections, since the Councilmembers were not all elected to the Village Council at the same time.  Mr. Rogers stated that he does not feel there would be a conflict, since administration is one of the areas on which Councilmembers are permitted to vote.

 

Mayor Knudsen said that she agrees with Anne and Boyd Loving and doesn’t understand why the Village would engage in a constitutional challenge in court regarding political signs.  She could not understand why a sign in favor of a cause or issue would be fine, yet a political sign would not be. 

 

Mayor Knudsen also stated that it is her intention to clear up any misinformation or disinformation that may exist regarding the Schedler property.  She welcomed Mr. Halaby to file an Open Public Records Act (OPRA) request to obtain the authorization for a Phase I Archeological Study, authorized by the Village Council in 2017 to Connolly Hickey.  She also stated that she contacted Ridgewood Walks immediately after seeing an article published by them, informing them that their information is incorrect.  The representative from Ridgewood Walks chose to ignore Mayor Knudsen and left the article as is.  Mayor Knudsen stated that the Schedler project has not lasted for seven years and that $7 million has not been expended.

 

Deputy Mayor Perron asked Mr. Rogers to finish his explanation as to why he did not feel there would be a conflict regarding the administration of government amendment.  Mr. Rogers stated that administration is one of the areas on which Village Councilmembers are able to vote, i.e., one can vote for oneself for Mayor.

 

 

 

 

 

 

 

 

 

 

 

8.         ADJOURNMENT

 

There being no further business to come before the Village Council, on a motion by Councilman Vagianos, seconded by Councilwoman Reynolds, and carried unanimously by voice vote, the Village Council’s Work Session was adjourned at 10:12 P.M.

 

 

 

                                                                                                                                                           

                                                                                                Susan Knudsen

                                                                                                                     Mayor

 

 

 

                                                                       

Eileen Young

Deputy Village Clerk