20231101 - Village Council Public Work Session 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 NOVEMBER 1, 2023 AT 7:30 P.M.
1. CALL TO ORDER – OPEN PUBLIC MEETINGS ACT – ROLL CALL – FLAG SALUTE
Mayor Vagianos called the meeting to order at 7:32 p.m. and read the Statement of Compliance with the Open Public Meetings Act. At roll call, the following were present: Councilmembers Perron, Weitz, Winograd, and Mayor Vagianos. Councilmember Reynolds was absent from the meeting. Also present were Keith Kazmark, Village Manager; Heather Mailander, Village Clerk, and Matthew Rogers, Village Attorney.
Mayor Vagianos led those in attendance in the Pledge of Allegiance to the flag.
2. COMMENTS FROM THE PUBLIC
Kristina Milian, 530 West Saddle River Road, said that she wanted to address an item on the October 25, 2023 Village Council meeting agenda; specifically, the New Jersey Department of Environmental Protection (NJDEP) “Big Tree” designation. Ms. Milian said that she is the Village resident who discovered the Big Tree program, notified the Village about it, and nominated the sugar maple tree on the Schedler property for Big Tree designation. She said that the transcripts from last week’s meeting show that the accounts given by Councilmember Winograd, the Village Manager and Village Attorney were misrepresentations of what actually transpired. Ms. Milian said that a picture was painted during last week’s meeting that the nomination was nefarious, and this is not true. Under the direction of the NJDEP and its website, Ms. Milian said that anyone can nominate a tree and not just the owner, as Councilmember Winograd incorrectly stated. When completing the nomination form, Ms. Milian indicated that the owner of the property where the tree is located, which is the Village of Ridgewood, had not completed the Right of Access (ROA) Agreement.
Ms. Milian said that she sent an email on August 22, 2023 to the Village Manager, Deputy Mayor Perron, Councilmember Winograd, Green Ridgewood, Shade Tree Commission members, and Friends of the Zabriskie-Schedler House, with a copy to the NJDEP, seeking permission to designate this sugar maple as a Big Tree. She said that she also attached the ROA Agreement to the Village Manager for his signature. However, Mr. Kazmark indicated at last week’s Village Council meeting that he was never approached to sign such an agreement.
Ms. Milian stated that on September 19, 2023, the NJDEP wrote to the Village Manager, with a copy to Ms. Milian, congratulating the Village on having the sugar maple designated as a Big Tree. Ms. Milian said that Mr. Kazmark replied by stating, “Thank you for sharing. I will send it to our Shade Tree Division and share with the Commission. While there is a plan for park development on the site, maintaining this special tree has and will continue to be a top priority.” Councilmember Winograd sent a copy of the September 19, 2023 NJDEP email to the Parks, Recreation and Conservation (PRC) Board, the Village Arborist, and the Village Attorney. She requested that the tree wires be added to the report and that the NJDEP report be updated. Ms. Milian felt that this seemed like authorization for the NJDEP to proceed.
Ms. Milian said that there were at least 15 email “exchanges” on this email thread between the Village Manager, Councilmember Winograd, the NJDEP, and others, from August to early October 2023. She said that anyone reading these emails between elected and State officials, with no objections stated, could reasonably assume that the Village of Ridgewood granted permission.
Ms. Milian stated that on October 15, 2023, the NJDEP confirmed that the sugar maple tree was designated as a Heritage Tree. Despite all of these efforts, two days later, the Village Attorney submitted a legal demand that both the Big Tree and Heritage Tree statuses be rescinded, citing that the Village never granted permission for the NJDEP to access the historic Schedler property. However, Ms. Milian stated that up until this point, the NJDEP had been asked by Councilmember Winograd and Village Attorney to add details to their official report. Ms. Milian asked why this rescission request was never disclosed to the public. Despite all of this, Ms. Milian stated that the sugar maple is the Village’s first Big Tree and it is a Heritage Tree. She concluded by asking the Village Councilmembers if they would commit to signing the ROA Agreement and adding the matter to next week’s agenda (November 8, 2023) for consent.
John Paquin, 371 East Glen Avenue, said that he grew up in a house in what is known as “Old Paramus,” that his grandparents built in 1922. He stated that with regard to the sugar maple tree on the Schedler property, he feels that there is a lot of misinformation “floating around.” Regarding Major Thomas Byles, after whom the tree was to be named, was a Major in the American Army that was assigned to the post in Paramus in 1780, after the British had attacked two weeks earlier across the Schedler property. He died two weeks later, in Ridgewood, after another British attack. He was an American patriot and died defending his country. Mr. Paquin said that he has proof of these facts, contained in a letter to George Washington from Major Byles, telling him of the injuries he sustained. He was shot after refusing to surrender his sword to the British.
Mr. Paquin stated that the sugar maple tree on the Schedler property is certified as being 259 years old; it was “born” in 1764, before this country was even born. He stated that at various battleground sites in the United States, such as Gettysburg, Lexington and Concord, they have “witness trees.” These trees are sacred and protected, because they have witnessed battles. Mr. Paquin stated that the sugar maple on the Schedler property is a witness tree, present in 1780 when a battle was fought near it. He said that George Washington, together with 5,000 troops, encamped on the Schedler property and surrounding property more than once. He added that there were 200 to 300 American troops posted on the same property for the duration of the Revolutionary War (1777-1783). One of the commanders at that time was Major Thomas Byles. This property used to be known as the “Paramus Campground.”
Mr. Paquin concluded by stating that the Schedler property is a very important Revolutionary War site steeped in history. There were eight engagements with the British Army on this and surrounding property. He said that the Old Paramus Church used to be located in Paramus. He said that the Schedler property is worth preserving, and he would love to work with Ridgewood’s Historian to make sure nothing is missed. He added that he felt it was important to honor Major Byles for his service.
Jacqueline Hone, 30 Carriage Lane, said that Mr. Kazmark stated at last week’s Village Council meeting that he was never approached to sign a Right of Access (ROA) Agreement for the Schedler property’s sugar maple tree. He also said, “And if I had been approached, I would have brought it to the Village Council.” Ms. Hone said that, in fact, the Village Manager was approached about nominating the sugar maple on the Schedler property as a Big Tree/Heritage Tree, and he was provided with an ROA Agreement to complete and sign. Ms. Hone asked the Village Councilmembers if they would add this matter to the next Public Workshop agenda, now that the true facts are known, so that they may vote on it. She said that the nomination was rescinded, based upon a technicality, according to Matthew Rogers, Village Attorney. The “technicality” was that the ROA Agreement was never signed.
Rohan DeSilva, 521 West Saddle River Road, said that Mayor Vagianos apologized to him privately, regarding an incident that occurred at a Village Council meeting a few months ago, but Mayor Vagianos has never apologized to him publicly. He said that Mayor Vagianos was not a man of his word, and probably not even a man.
Mayor Vagianos then interrupted Mr. DeSilva. Councilmember Winograd called a Point of Order. Mayor Vagianos said that Mr. DeSilva has to speak respectfully before the Village Council and should not “wag his finger” at them. Mayor Vagianos said that everyone was interested in what Mr. DeSilva had to say, but that he had to speak respectfully. Mr. DeSilva said that every time he has spoken before the Village Council, he has been disrespected. He insisted upon a public apology from Mayor Vagianos for admonishing him in the courtroom during a Village Council meeting. Mr. DeSilva stated that no one viewing the meeting was aware that Mayor Vagianos had apologized to him privately. He said that Mayor Vagianos accused him of something that was incorrect. Mayor Vagianos said that he did not like the tone of voice in which Mr. DeSilva was speaking to him, and he would not respond to him when he was speaking in that tone of voice. Mr. DeSilva accused Mayor Vagianos of chastising him in front of the public, and of treating him condescendingly and “like an idiot.”
Mr. Rogers said that this is a portion of the meeting where members of the public can make comments. He stated that there was no requirement or obligation for anybody sitting on the dais to answer any question from the public during public comments. Mr. DeSilva stated that he, himself, has made plenty of mistakes and, when he does, he is man enough to apologize. He said that Mayor Vagianos addressed him by name in front of everyone and told him to be silent. Mr. DeSilva said that he was not speaking intentionally while sitting in the audience, while someone was speaking at the podium, but was merely trying to find out what was said, since he has a hearing impairment. He stated that all of the Village Councilmembers, and Mr. Rogers, were a poor representation of the Village of Ridgewood.
Cynthia O’Keefe, 542 West Saddle River Road, said that a resident spoke at the October 11, 2023 Village Council meeting, regarding a proposed change to the parking regulations on North Walnut Street. This resident stated that the proposed regulations would change his neighborhood dramatically, would detrimentally affect the traffic pattern, would prevent children from playing in the street, and would lower property values, especially if people were not allowed to park in front of their own house. Ms. O’Keefe said that these comments resounded with her, and she feels the same way about how the plans for the Schedler property will affect the neighborhood. She said that she corresponded with Mr. Kazmark about this situation, and was advised by him to contact the Police Department. Ms. O’Keefe wondered whether a traffic study should be performed along West Saddle River Road, along with an air pollution study. She said that she was confused as to which route to take, whether to speak with the Police Department or not, and she asked for more guidance in this regard.
Ms. O’Keefe said that there was an accident on Route 17 a few weeks ago, and the traffic was diverted to West Saddle River Road. However, it was impossible for a car to pass through from the other direction, with cars parked on both sides of West Saddle River Road, a very narrow road. This caused a “traffic nightmare.” She is very concerned about safety in this area. Stating that she wanted to be “proactive” rather than “reactive,” Ms. O’Keefe asked that a traffic safety study be performed, as well as an air pollution study, in the Schedler neighborhood.
In addition, Ms. O’Keefe stated that she was disappointed about the rescission of the nomination of the sugar maple tree on the Schedler property as a Big Tree or Heritage Tree, based upon a technicality. She asked the Village Councilmembers to “embrace history.”
Frettra DeSilva, 521 West Saddle River Road, stated that she was also disappointed about the comments made during last week’s Village Council meeting, regarding the sugar maple tree on the Schedler property. Instead of celebrating the nomination for this tree to be designated as a Big Tree or Heritage Tree, it was characterized as an action that was disgracefully done. Ms. DeSilva feels that circumventing Village officials was not the true intent of the person who nominated the tree. It is her understanding that many members of the governing body and Village staff were copied on a lot of email correspondence, and she does not feel that the nominator thought they had the authority to act on behalf of the Village. There was no “mantra of secrecy” or communications without pertinent officials being copied on all correspondence. She would like to see these inferences clarified, because she does not feel the actions taken by the applicant were nefarious or secretive.
Anne Loving, 342 South Irving Street, said that she cannot believe that someone speaking at the podium cannot “wag a finger” toward the Village Councilmembers, and she wondered if this “rule” was going to be written into the document setting forth the decorum to be followed during Village Council meetings. She said that the Village Councilmembers “need to get a grip” on this.
Suzanne Ruane, 705 Kingsbridge Lane, said that she has attended a few meetings of the Citizens Safety Advisory Committee (CSAC), and there are usually two residents at every meeting speaking about various safety issues in the Village. One resident spoke about safety concerns regarding lighting at intersections to allow pedestrians to safely cross the street, and the other resident spoke about sight triangle obstructions at various intersections in the Village. After the serious accident, which occurred on Maple Avenue yesterday, Ms. Ruane hoped that people would take things more seriously. She said that the CSAC members and the Police Department need to be proactive and start taking a look at these locations, to determine if any safety improvements need to be made.
Ms. Ruane stated that while Ridgewood’s population has been steadily increasing, the Village has stayed in a “time warp.” Ms. Ruane said that there are many locations that need traffic lights, pedestrian crossing lights, stop signs and yield signs, particularly Linwood Avenue and Northern Parkway. She said that yesterday’s accident highlights the severity of the Village’s lack of response to safety concerns. Ms. Ruane stated that this is not an isolated incident, since there was also a serious accident a few months ago on Linwood Avenue. She said that action needs to be taken immediately, before more people die or are maimed by these serious accidents.
Rurik Halaby, 1 Franklin Avenue, offered Mayor Vagianos his full support for the great job he is doing for the Village. He said that Mayor Vagianos was a man of integrity, and he should let slurs cast at him roll off his back.
There were no further public comments.
Addressing Mr. DeSilva, Mayor Vagianos stated that on the night in question, Mr. DeSilva was speaking loudly to someone and Mayor Vagianos was trying to quiet the audience down, so that the speaker at the podium could be heard. When he spoke to Mr. DeSilva to ask him to quiet down, Mr. DeSilva was not looking at him, and that is the reason why Mayor Vagianos referred to him by name. When Mr. DeSilva told Mayor Vagianos that he was embarrassed by his actions, Mayor Vagianos said that he apologized personally to Mr. DeSilva. This evening, Mayor Vagianos publicly apologized to Mr. DeSilva for embarrassing him. However, he said that he only used Mr. DeSilva’s name to get his attention and not to embarrass him.
Councilmember Winograd stated that the NJDEP has two statuses of trees: one is Big Tree status and one is Heritage tree status. The Big Tree status has not been rescinded. As Council Liaison to the Shade Tree Commission (STC), she has attended meetings where this program has been discussed, since last spring. She received correspondence from the NJDEP about a month ago, regarding the nomination for Big Tree status, for the sugar maple tree on the Schedler property. She became concerned that some important information was missing from the report. The first was that none of the cabling affixed to the tree was identified, and the second was that this sugar maple had been fed $6,100.00 worth of tree food. She contacted a representative from the NJDEP and told them that she was concerned about the “ranking” of the tree. She felt that the NJDEP had ranked the tree at a higher (healthier) status than the Village Arborist and Engineering Department had ranked it. In addition, the Big Tree certificate was issued to Ringwood, rather than to Ridgewood.
Councilmember Winograd said that she wanted all of her concerns to be addressed. It was her understanding that the Heritage Tree nomination would go through the STC and possibly the Historic Preservation Commission (HPC). Much to her surprise, approximately 10 days ago, she received a note from the NJDEP stating that the sugar maple had been nominated and approved for Heritage Tree status. Councilmember Winograd sent an email asking how this could have occurred, since the Village had not been involved in making the nomination. The NJDEP quickly realized that the Village had not made the nomination, as the owner of the land on which the tree is located. Councilmember Winograd learned that boxes had been checked on the Heritage Tree application indicating that the Right of Access (ROA) Agreement had been filled out. She said that no one ever appeared at STC or HPC meetings or before the Village Council for permission to make this nomination. She said that she, Mr. Kazmark, Mr. Rogers and members of the STC will be meeting with the NJDEP to review how to expand the Heritage Tree program. Councilmember Winograd feels that more information about this program is needed, particularly educating residents that they can nominate such a tree on their own private property. While she is thankful for everyone who has served our country, including Major Byles, she is concerned about naming the tree in honor of someone who was not from Ridgewood.
Mr. Rogers stated that the comments he made during last week’s Village Council meeting on October 25, 2023 had to do with the Heritage Tree classification. The nomination petition for the Heritage Tree classification, which Mr. Rogers indicated that neither he nor the Village Councilmembers had seen prior to receiving a copy from the NJDEP, had a box checked “yes” that asked whether or not the owner had completed the ROA Agreement. Mr. Rogers said that the ROA Agreement had, in fact, been signed by someone other than a Village official. This same individual also decided that they would name the tree and provide this name to the NJDEP. He said that Major Byles has never even lived in the Village. Mr. Rogers insisted that no one ever said naming the sugar maple as a Heritage Tree was a negative thing. However, the objection is that the whole process was done without the authority and participation of the Village, the owner of the tree. When the NJDEP found out that the Village had not initiated the nomination petition, the NJDEP decided to rescind the application.
Mr. Rogers stated that it has always been, and will continue to be, the commitment of the Village to maintain and protect the sugar maple tree on the Schedler property. Each iteration of the plans for the development of the Schedler property has never suggested compromising this tree in any way. At a time deemed appropriate by the Village, it will consider certifying this tree as a Heritage Tree, with it being named in honor of a distinguished and notable individual from Ridgewood’s past. Only the Village can initiate and complete this process as the owner of the tree.
Mr. Kazmark stated that the Heritage Tree program, sponsored by the NJDEP, is an excellent program. He commended Councilmember Winograd for trying to promote this program further in Ridgewood, through the efforts of the STC and other committees. Mr. Kazmark said that he wanted to clarify some of the statements made this evening. He believed that he acknowledged last week that there was some back-and-forth correspondence in the summer of this year, relative to this attempt to designate the tree as both a Big Tree and Heritage Tree. Mr. Kazmark thereafter communicated with the Village Clerk about this process and asked whether or not it would need to come before the Village Council. Ms. Mailander and Mr. Kazmark decided that the matter should be brought before the Village Council, and they spoke about possibly adding this matter to the agenda in the fall.
Mr. Kazmark stated that when he stated last week that he was never approached about signing such an agreement, he meant that the NJDEP never approached him to sign the ROA Agreement and finalize the process. He said that no one was aware that there had been two submissions to the NJDEP, one for Big Tree status and one for Heritage Tree status. If the NJDEP had approached him about signing the agreement, he and Ms. Mailander had already decided that it would be added to a Village Council meeting agenda in September or October. Mr. Kazmark stated that on one of the applications sent to the NJDEP, it was represented that the ROA Agreement had indeed been signed by him, on behalf of the Village, when in fact it had not.
Mayor Vagianos stated that the Village Councilmembers are not opposed to proceeding with designation of the sugar maple as either a Big Tree or Heritage Tree, but they will wait until the development of the Schedler property is completed. Councilmember Winograd agreed with Mayor Vagianos’s comments.
3. VILLAGE MANAGER’S REPORT
Mr. Kazmark reported that the plantings of trees in the Central Business District (CBD) continues. There will be a total of 37 new trees planted in the tree wells. In addition, 120 new trees will be planted in residential areas on the right-of-way. He thanked the Parks and Recreation Department and the Shade Tree Commission for all of their hard work.
Mr. Kazmark expressed the hope that everyone had a happy and safe Halloween. Some safety advice was sent out via social media, email and reverse 911 calls.
Mr. Kazmark stated that there was a serious pedestrian/motor vehicle accident on North Maple Avenue recently. He stated that this is one of the intersections where the flashing crosswalk strobe lights have been installed for pedestrian safety. The investigation into this accident continues, and Mr. Kazmark stated that it does not appear that the flashers were used by the pedestrian, while attempting to cross North Maple Avenue. He reminded everyone to take full advantage of these flashing lights when attempting to cross this highly trafficked street.
Replying to Ms. Ruane’s earlier comments, Mr. Kazmark stated that he also attended the recent CSAC meeting. CSAC members, Councilmember Reynolds and Mr. Kazmark have been working closely with the Police Department to address some of the concerns raised by residents who attended the meeting. The intersection of Morningside Road and Hamilton Road was recently striped, thereby visually reducing the pedestrian crosswalk and narrowing traffic flows, to enhance safety in that location.
Mr. Kazmark reported that, on Monday of this week, he had the opportunity to tour all of the different areas at the Ridgewood Library. Yesterday, Richard Calbi, Director of Ridgewood Water, took Mr. Kazmark on a tour of the new Ridgewood Water headquarters on Maple Avenue and the various treatment plants and well sites throughout the Village. He said that he found it extremely interesting to view the investment that the Village has made in its infrastructure, in order to rid the drinking water of PFAS contamination. Today, Fire Chief John Judge and Jeremy Kleiman, Director of Emergency Management, led Mr. Kazmark on a tour of the Emergency Services building on Douglas Place. Tomorrow, Mr. Kazmark will be touring the Water Pollution Control Facility (WPCF) with Christoper Rutishauser, Village Engineer, and Jim Fells, Supervisor of the WPCF.
The next Council Chat is scheduled for November 4, 2023 from 9:00 a.m. to 11:00 a.m., in the Village Hall courtroom. Residents are encouraged to make an appointment by calling 201-670-5500, extension 2206, but walk-ins are also welcome.
Mr. Kazmark announced that the Board of Education and General Election will take place on Tuesday, November 7, 2023. Polls will be open from 6:00 a.m. to 8:00 p.m. Individuals with questions about where to vote may call the Village Clerk’s Office for information.
The 2023 leaf collection flyer has been mailed to all residents. He reminded residents to only place leaves in the street during the dates listed, for their specific area, on the flyer. Anyone with questions may access further information on the Village website.
Village Hall and all Village offices will be closed on Friday, November 10, 2023, in observance of Veterans Day. There will be no garbage or recycling pickup on that day, and the Recycling Center will be closed on that day and on Saturday, November 11, 2023. The Recycling Center will be open on Wednesday, November 8, 2023 from 8:00 a.m. to 3:00 p.m.
On Saturday, November 11, 2023, American Legion Post 53 will host a Veterans Day service in Memorial Park at Van Neste Square. All are invited to attend to honor those who have served in the Armed Forces to protect our liberties and freedom.
The Ridgewood Elder Dinner will take place on Sunday, November 12, 2023, from 3:00 p.m. to 5:00 p.m., at the Old Paramus Reformed Church. Doors will open at 2:30 p.m. Registration is required for this event on CommunityPass.
The Ridgewood Guild’s 14th Annual Winterfest will be held in Memorial Park at Van Neste Square on Saturday, November 25, 2023, from 12:00 p.m. to 4:00 p.m.
4. VILLAGE COUNCIL REPORTS
Councilmember Weitz stated that on Saturday, October 28, 2023, he had the opportunity to tour the CBD with several volunteers from the Ridgewood Arts Council. He is Council Liaison to the Ridgewood Arts Council. They went door to door to remind businesses of the Ridgewood Holiday Window Display Contest and distributed flyers with the contest rules. Judging will be held from November 25 to 30, 2023 by the Ridgewood Guild, Chamber of Commerce, and the Ridgewood Arts Council. Winners will be announced on December 1, at the Downtown for the Holidays celebration sponsored by the Chamber of Commerce. Gift cards will be awarded to the winning businesses. He encouraged all businesses to participate and beautify the CBD during the holidays.
Councilmember Weitz said that he and Councilmember Reynolds will be at Council Chat this coming Saturday, November 4. He encouraged all residents to attend. He stated that he is looking forward to attending the Ridgewood Library’s 100th Anniversary celebration. Further details will be announced next Wednesday (November 8, 2023) at the next Village Council meeting.
Councilmember Winograd said that, earlier this week, she toured the Northwest Bergen Central Dispatch facility, with Mayor Vagianos. She thanked Thomas and Eric, and the rest of the staff, for the thorough and detailed “inside look” at the facility. She stated how lucky the Village is to employ such dedicated and professional people. The technology and customer service aspects were especially interesting. She encouraged the rest of the Village Councilmembers to tour the facility as well.
Deputy Mayor Perron stated that the Green Team is considering exploring a relationship with Columbia University (her alma mater) to see if some graduate students can assist with a project to develop a plan to “de-carbonize” the Village, to the extent possible, with both short- and long-term goals. In addition, they wish to develop a sustainability roadmap outlining recommended actions, analyzing initiatives developed by other towns, and developing ways to access funding.
Deputy Mayor Perron announced that Green Ridgewood will meet tomorrow (November 2, 2023) at 7:30 p.m., in the Senior Lounge on the first floor of Village Hall. The Village Manager will be attending this meeting for the first time.
The Chamber of Commerce held their annual Halloween Festival this past Saturday (October 28, 2023) in the CBD. There was a pumpkin patch, an enormous live parrot named Romeo, a maze, and costume contests for both humans and dogs. Deputy Mayor Perron said that the festival was a lot of fun.
Deputy Mayor Perron reminded everyone to vote on Election Day or beforehand.
Mayor Vagianos stated that the staff who work at Northwest Bergen Central Dispatch (NWBCD) are “unsung heroes,” who save lives every day and assist people in their darkest hour. He said that he once experienced a serious emergency, and the first responders were amazing when they came to his home. Mayor Vagianos said that these people deal with “high tension” moments, similar to working conditions experienced by air traffic controllers. The NWBCD center employs high technology and state-of-the-art equipment to help people in need. Each workstation has eight screens. Mayor Vagianos personally thanked all of the staff for their 24/7/365 work that they do for the Village every day. He said that he was very moved by his tour of this facility.
Mayor Vagianos said that, today, he and Ms. Mailander gave a tour of Village Hall to the third grade class at Orchard School. Voting was discussed, and the children pledged to vote in every election, once they turn 18, for the rest of their lives. He urged all Village residents to vote in every election as well, and stated that in all likelihood, half of the residents in the Village will not vote in the election next week on Election Day. Mayor Vagianos asked all residents to vote, in honor of the men and women who fought and died, so that our right to vote would be preserved. He stated that many people around the world are fighting to have the opportunity to vote, which many people take for granted.
5. PRESENTATION
A. GRANT WRITER – MILLENNIUM STRATEGIES
Mr. Kazmark announced that there will be a presentation this evening via Zoom by Millennium Strategies, a grant-writing firm that the Village has previously engaged, several years ago. He introduced Edward Farmer, the President and CEO of Millennium Strategies, and Katie Kocher, Deputy Director of Research and Special Projects for Millennium Strategies.
Mr. Farmer stated that Millennium Strategies is a grant-writing research and consulting firm, based in Morristown, New Jersey. They represent governmental agencies in New Jersey, New York, and Pennsylvania, as well as in other parts of the country. In New Jersey, they represent over 100 municipalities. They provide consulting services for large communities and older suburban communities, such as Paterson and Passaic, which submit up to 60 grant applications a year. Millennium Strategies provides communities with access to a portal containing all of their research information and synopses of available grants. If a municipal official is interested in applying for a particular grant on their portal, they are free to contact Ms. Kocher to discuss whether or not their municipality would qualify for that particular grant. A municipality may contract with his firm to write the grants in which they are interested.
Mr. Farmer stated that municipalities such as Franklin Lakes use his firm strictly as a research tool, and they write the grants in-house, although Millennium Strategies has also written grants for them in the past. Training for municipal workers is provided by Millennium Strategies on how to access their portal for grant opportunities.
Ms. Kocher stated that every municipality is different, so Millennium Strategies will work with each municipality to customize their services for them.
Mr. Kazmark pointed out page 3 of Millennium Strategies’ proposal, which outlines four different services under “Scope of Services.” One is the establishment of a user platform within their online grant research portal. This would allow all Village Department Directors and key staff members to gain access to the portal, to view the latest information on available grants, including grants offered by governmental agencies and the private sector. The second service provides access to detailed grant summaries, the third service provides consultations on available grant opportunities, and the fourth service provides project support. The first three services are available for a flat fee of $4,800.00. The fourth service, project support, is billed at an hourly rate of $150.00.
Mr. Kazmark remarked that in the last two municipalities in which he served, they had contracted with Millennium Strategies for their comprehensive plan. He mentioned that the Village Engineering Department writes the majority of their grant applications in-house. However, this portal would allow Mr. Rutishauser and his staff to monitor any additional or new grants that become available in real-time. In addition, the Ridgewood Fire Department has someone who specializes in writing firefighter grant applications. Similarly, this person will be able to access the Millennium Strategies portal to look for any new grants that may have become available. Mr. Kazmark stated that many Village departments do not have any grant writers, such as the Parks and Recreation Department, and this is the area where Millennium Strategies can assist the Village. He is recommending that the Village move forward with the proposal presented by Millennium Strategies.
Councilmember Weitz asked if the $4,800.00 flat fee had already been appropriated in the budget. Mr. Kazmark stated that funding is available, per Robert Rooney, Chief Financial Officer, and he would like to structure the contract to begin on January 1, 2024.
Councilmember Winograd asked what the terms of the prior contract were between Millennium Strategies and the Village. Mr. Farmer replied that the Village contracted with Millennium Strategies in 2018 and 2019. He added that his firm represents several towns throughout Bergen County. The contract with Ridgewood was not extended, since there was a large capacity of grant writers within Village Departments. Millennium’s services were underutilized and the Village could not justify this expenditure at that time. He stated that for the flat fee of $4,800.00, he and his staff would be happy to find as many grants as possible for the Village. In 2019, Millennium was authorized to write seven grants for Ridgewood. Mr. Farmer feels that now is a good time for the Village to engage once again with Millennium, even if only to gain access to their portal to view available grants, such as Historic Preservation grants or Open Space Trust Fund grants. A user can search by category within the portal. This will allow for better planning by the Village, as to which projects they wish to accomplish within a certain timeframe.
Upon questioning by Councilmember Weitz, Mr. Kazmark replied that if Ridgewood contracted with Millennium, it would be for a term of one year. The return on investment (ROI) would be re-evaluated at the end of that time period. Councilmember Weitz said that he fully supported hiring Millennium Strategies as a vendor. Mr. Kazmark added that the success or failure of obtaining grants depends upon how aggressive a municipality is in pursuing the grants.
Mayor Vagianos said that he looks forward to entering into a one-year contract with Millennium Strategies. Mr. Farmer said that he looks forward to increasing the Village’s ROI.
6. DISCUSSION:
A. RIDGEWOOD WATER
1. AWARD CONTRACT – VALLEY VIEW RESERVOIR
IMPROVEMENTS
Mr. Kazmark stated that this item pertains to the awarding of a contract for improvements at the Valley View Reservoir, a 1.25 million gallon capacity, pre-stressed concrete, water storage tank located in Ridgewood. The improvements include interior and exterior cleaning, concrete repairs (if required), miscellaneous improvements to comply with Occupational Health and Safety Administration (OSHA) and American Water Works Association (AWWA) standards, and installation of a tank mixer. T&M Associates (TM), the engineer of record for this project, prepared the construction documents, reviewed all bids, and will assist Ridgewood Water with administering the construction phase of the project. The rehabilitation will prolong the life of the tank and improve water quality. Improvements also include repairs of the leaky vault hatch and provisions for future security camera installation.
Mr. Kazmark indicated that three bids were received out of the eight that were picked up. TM recommends that this contract be awarded to the lowest responsible bidder, DN Tanks, LLC, of Wakefield, Massachusetts, in an amount not to exceed $391,400.00. Funding is contained in the Ridgewood Water Capital Budget.
For the record, Deputy Mayor Perron pointed out that TM recommended that the apparent low bid from Brave Industrial Paint be rejected, due to insufficient experience qualifications. Mr. Rogers added that bidders on this project were required to submit references from three prior contracts, and Brave Industrial Paint could not do so.
2. AWARD CONTRACT – FLOOD-PROOFING EAST SADDLE
RIVER AND LINWOOD PUMP HOUSES
Mr. Kazmark explained that this matter pertains to the awarding of a contract for flood-proofing the East Saddle River and Linwood pump houses, both located in Ridgewood. Both pump houses are within the flood plain and have had flooding events, resulting in about three to four feet of water in the building, which caused damage to equipment. This project will include flood-proofing doors and sealing building penetrations to prevent future flood events from penetrating into the building, as well as performing carpentry and masonry repairs, and interior painting. Four bids were received on October 12, 2023, out of the eight bid packets that were picked up.
RSC Architects is the architect of record for this project, and they prepared the construction documents, reviewed all bids, and will assist Ridgewood Water with administering the construction phase of the project. RSC has recommended that this contract be awarded to the low bidder, VNL Inc., of Whitehouse Station, New Jersey, in an amount not to exceed $230,940.00. FEMA mitigation funds in the amount of $57,950.00 have been issued to the Village for use on this project, specifically for flood-proofing doors at the East Saddle River Well. The remainder of the funding is contained in the Ridgewood Water Capital Budget.
Councilmember Winograd asked why the funds are coming out of two separate capital accounts. Mr. Kazmark said that he believed it depends on how the Bond Ordinances were worded. He said that he would find out and let Councilmember Winograd know.
3. AMEND SHARED SERVICES AGREEMENT – ADDITIONAL
WORK – GREENWOOD AVENUE BRIDGE PROJECT
IN MIDLAND PARK
Mr. Kazmark indicated that this matter pertains to the amendment of a Shared Services Agreement for additional work to be performed at the Greenwood Avenue Bridge in Midland Park. On March 9, 2023, the Village Council approved Resolution 22-93, which authorized an agreement between Ridgewood Water and Bergen County. The approval authorized an estimated cost of $100,000.00 for the relocation of a water main running under the Greenwood Avenue County Bridge in Midland Park, as part of the County’s bridge replacement project. An additional sum of $41,158.05 is requested to reflect the actual costs of the water main relocation and for an emergency sanitary sewer repair performed by the County’s contractor. Ridgewood Water and the County of Bergen Department of Planning & Engineering recommend amending the Shared Services Agreement to reflect these changes. The water main replacement cost and emergency sewer repair are the responsibility of Ridgewood Water. Funding is contained in the Ridgewood Water Capital Budget.
4. AWARD CONTRACT – ARCHAEOLOGICAL SURVEY –
PHASE 2 – CEDAR HILL WELLFIELD
Mr. Kazmark stated that this item pertains to the awarding of a contract for the performance of an archaeological survey of the Cedar Hill Wellfield. On March 8, 2023, Ridgewood Water awarded a contract for professional services to Hunter Research to complete a Stage 1 archaeological survey, which was successfully completed and resulted in findings requiring a Stage 2 survey. This survey work will be located at the site of the proposed PFAS Treatment Facility at the Cedar Hill wellfield in Wyckoff. This work is necessary to obtain approval from the NJDEP for construction of the facility. It is recommended that this professional services contract be awarded to Hunter Research of Trenton, New Jersey, in an amount not to exceed $45,144.40. Hunter Research successfully completed the Stage 1 survey, along with other projects in Ridgewood. Funding for this project is contained in the Ridgewood Water Capital Budget.
B. PARKING
1. EXTEND CONTRACT WITH PARKMOBILE
Mr. Kazmark stated that this item deals with extending the Village’s contract with ParkMobile. ParkMobile has been the vendor in Ridgewood since 2016, and provides an electronic payment app for hourly parking in the Village. It is also available for users to make payments for daily parking at the Train Station and Cottage Place, through the Village website. All “Merchant Services” fees associated with processing these transactions are the responsibility of ParkMobile, and the Village incurs no expense. Users are assessed a fee of $.50 for each transaction made through the app, or a $.30 fee per transaction when utilizing ParkMobile’s “ParkMobile Wallet.” The Village’s experience with ParkMobile has been favorable. Robert Rooney, Parking Utility Director, has recommended that the current contract with ParkMobile be extended for another three years, with a one-year option to renew.
Deputy Mayor Perron asked if ParkMobile would be allowed to increase their transaction fees during either the three-year extension or the one-year renewal period. Mr. Kazmark said that he believes they can raise the transaction fees during that time, but they must give notice to the Village beforehand. He will find out a more definitive answer and furnish the information to the Village Councilmembers.
Councilmember Winograd wondered if the transaction fees would be reduced, if there were more volume generated in Ridgewood. She said that the kiosks in the CBD are frustrating to seniors, due to sun glare and confusion as to how to work the kiosks. She wondered if research could be done to see if ParkMobile would offer a sliding scale to the Village if more volume were generated, since the transaction fees are quite high. Mr. Kazmark said that he would look into this with Mr. Rooney.
C. BUDGET
1. AWARD CONTRACT – PURCHASE AND INSTALLATION OF
INTERCOM CALL BOXES
Mr. Kazmark stated that this item pertains to the awarding of a contract for the purchase and installation of intercom call boxes for the Ridgewood Police Department. Police Lieutenant John Chuck wrote in a memo, that due to the dangerous issue that occurred over the summer at Graydon Pool, where the call boxes were not functioning properly and did not contact 911, they would like to create redundant, unconnected emergency callout systems from the guard stand to ensure that the same situation does not happen again. Lieutenant Chuck recommends upgrading the current call boxes to Axis 2N Intercom Call Boxes, which would be separate from the panic alarm in the guard station. These boxes will be outside and available 24 hours a day. They will have a direct 911 dial to Central Dispatch, and will alert the police desk over the security network. The box would also allow for direct communications from the police desk via the call box, along with video. Lieutenant Chuck would also like to change the call boxes at Village Hall and the firehouse as well. They recommend using SW23 as the vendor, as they have in the past, under NCPA 12-16 Government Contract. Funds are available in the General Budget for the Police Department.
2. AWARD CONTRACT – BILLING FOR BASIC LIFE SUPPORT
PROGRAM
Mr. Kazmark indicated that this item pertains to the awarding of a contract for billing for the Basic Life Support Program, regarding ambulance services provided by the Village Emergency Medical Services (EMS) Department. Bids were received on October 25, 2023, with one bid received. Chief John Judge of the Ridgewood Fire Department and Christopher Rutishauser, Village Engineer, have recommended that this contract be awarded to Farnsworth & Semptimphelter, LLC, of Lumberton, New Jersey.
3. AWARD PROFESSIONAL SERVICES CONTRACT – PUBLIC
HEALTH AND NURSING SERVICES
Mr. Kazmark stated that this item pertains to the awarding of a professional services contract, for public health and nursing services. Valley Community Health has submitted their 2024 Community Programs Service Bid. They provide nursing services for communicable disease investigations, child health clinics, adult health clinics, school audits, and influenza clinics. The cost to the Village is $12,221.70, which is a 0% hourly increase for nursing hours for the past three years. The hourly charge for public health nurses is $51.00 per hour. Valley Community Health bills for hours used, which averaged under $10,000.00 this past year. A portion of this contract is currently paid through an Office of Local Public Health (OLPH) Grant. Valley Community Health also provides health education services, to satisfy the requirements of the Public Health Practice Standards of Performance, at no charge to the Village.
4. AUTHORIZE SHARED SERVICES AGREEMENT –
COSMETOLOGY INSPECTIONS (NORWOOD)
Mr. Kazmark indicated that this matter pertains to the authorization of a Shared Services Agreement for conducting cosmetology inspections for the Borough of Norwood. Norwood has a contract with the County Health Department for restaurant inspections, but the County does not provide inspections for cosmetology businesses. The Village has been providing this service to Norwood since 2020. The contract includes travel time from the Village to Norwood and back. The contract covers routine inspections, as well as follow-up and any after-hour requirements and litigation. The fee charged to Norwood is $42.00 per hour for regular business hours and $63.00 per hour for after-hour calls. Both parties to the agreement are interested in renewing this contract.
5. RENTAL OF TAXI STAND AT RIDGEWOOD TRAIN STATION
Mr. Kazmark stated that this item relates to the rental of the Taxi Stand at the Ridgewood Train Station on North Broad Street. On October 12, 2023, the Village received one bid, although there were seven registered plan holders. The sole bid quoted $12,024.00 for the two-year rental period (January 1, 2024 to December 31, 2025), and $12,240.00 for the second two-year rental period (January 1, 2026 to December 31, 2027). The low bidder previously worked successfully on several projects for the Village. The low bidder is aware that the building is under the oversight of the State Historic Preservation Commission (SHPO). If awarded the lease, the low bidder will be making minor interior modifications to suit their needs for the space, in accordance with SHPO requirements. It is recommended that this lease be awarded to the sole responsible bidder, Tri-Plex Industries of South Amboy, New Jersey.
Mayor Vagianos asked what this company plans to do at the Taxi Stand (Baggage Building). Mr. Kazmark replied that they will utilize the premises for office space.
Councilmember Winograd indicated that when she and Councilmember Weitz were first elected to the Village Council, they requested a list of all available revenue-generating space in the Village. She mentioned that the Taxi Stand has been vacant for a long time. She thanked Ms. Mailander for giving a tour of the taxi stand to her, the Engineering Department, and Mr. Rogers. Councilmember Winograd said that she was happy that this space is finally being rented out. It will create additional foot traffic and will “soften” tax dollars.
Mr. Kazmark added that on November 22, 2023, the Village will be receiving bids for the Concession Stand on the west side, in the Train Station building, as well. He said that some interest has been expressed in this space.
Deputy Mayor Perron asked if this lease would allow for two parking spaces. Mr. Kazmark said he believed two parking spaces came with the lease. Deputy Mayor Perron pointed out that Mr. Rutishauser’s memo stated that the sole bidder did not request any parking spaces. Mr. Kazmark said that he will confirm this with Mr. Rutishauser tomorrow and will let her know. Deputy Mayor Perron asked if both the upstairs and downstairs will be leased, and Mr. Kazmark replied that both levels will be leased.
6. AWARD CONTRACT – LEAD-BASED PAINT INSPECTOR
Mr. Kazmark explained that this item pertains to the awarding of a Professional Services Agreement for lead-based paint inspections in the Village. Pursuant to statute, all rental dwelling units, built prior to 1978, must be inspected for lead-based paint, within two years of the effective date of the law (July 22, 2022) or upon tenant turnover. Three bids were received. Dawn Cetrulo, Director of the Health Department, has recommended that this contract be awarded to the lowest responsible bidder, LEW Environmental Services, LLC, of Mine Hill, New Jersey. They will provide this service at no cost to the Village. LEW will reach out to all units to educate them on the law requirements and schedule services. LEW will perform the visual assessment services and bill the owner of the units for the services directly.
LEW will provide the Village access to a portal that contains all real-time data and recordkeeping required for compliance with the law (inspection schedules, inspection results, tenant turnover, and lead-safe certifications). LEW will charge the landlords or property owners $250.00 per inspection. The Fire Department, Health Department, and Building Department will all work collaboratively with LEW Environmental Services. Mr. Kazmark indicated that if this is approved by the Village Council, a meeting will be held with LEW to make sure that the Village is compliant with the relevant statute.
7. AWARD PROFESSIONAL SERVICES CONTRACT –
CONSULTANT/DESIGNEE FOR MUNICIPAL SERVICES FOR
COMMUNICATIONS CARRIERS
Mr. Kazmark indicated that this matter deals with the awarding of a professional services contract for consulting services regarding 5G telecommunications. This matter arose out of a discussion last week, regarding the possible installation of antennae on the roof of Village Hall to expand the bandwidth of cellular service in that area, at no cost to the Village. Hoplite Communications LLC (Peter Lupo) will provide its services for 5G installation in the Village, via fees charged to the applicable wireless service provider.
8. RESCIND AND REPLACE RESOLUTION #23-306 – AWARD
CONTRACT – SCHEDLER PROPERTY – PHASE 1B
ARCHAEOLOGICAL SURVEY AND GROUND PENETRATING
RADAR SURVEY
Mr. Kazmark stated that this item deals with the rescission and replacement of Resolution #23-306, which awarded a contract for the Phase 1B archaeological survey and ground-penetrating radar survey for the Schedler property. There was a mathematical error in the dollar amount of the contract in the resolution ($35,410.00). The correct amount of the contract is $35,610.00. In order for the vendor, Grubb and Associates, to be paid, Resolution #23-306 will be rescinded and replaced with a new resolution stating the correct amount of the contract. He thanked Ms. Mailander for detecting this error.
D. POLICY
1. AMEND ZONING ORDINANCE – MICROBREWERIES AND
BREW PUBS
Mayor Vagianos recused himself from this discussion, since a person interested in possibly opening up a microbrewery in the Village had looked at a property owned by Mayor Vagianos.
Mr. Kazmark stated that this item deals with an amendment to the Zoning Ordinance regulating microbreweries and brew pubs in the Village. John Barree, Village Planner, wrote a memorandum dated October 26, 2023. He stated that it has been a number of years since the State of New Jersey amended some of the alcohol beverage regulations, to permit small-scale brewing operations under two specific classes of licenses, which are outside of the typical municipal cap for alcohol beverage licenses. Pursuant to N.J.S.A. 33:1-10, definitions are included for a Limited Brewery (Micro-Brewery) and Restricted Brewery (Brew Pub).
Mr. Barree explained that a micro-brewery is engaged in the onsite manufacturing of malt alcoholic beverages, and they usually have a tasting room and a retail component. They do not require a plenary retail consumption license. They are specifically prohibited from offering food service onsite. Mr. Barree mentioned that there are only a handful of these micro-breweries in Bergen County. These types of facilities are limited in the number of events they can hold during any given year. Brew Pubs also manufacture onsite any malt alcohol beverage, but they are operated in conjunction with a restaurant. In addition, the operator of the business has to hold a plenary consumption license in the municipality in which it operates.
In discussions with Mr. Kazmark and Mr. Rogers, Mr. Barree said that they discussed conditions under which these micro-breweries and brew pubs could be located in the Village. He mentioned a micro-brewery that opened two years ago in Westwood. They felt that these types of uses could be permitted in B-1 and B-2 Zones (downtown area) and the C Zone (commercial zone that extends a bit north of the downtown area). These facilities draw foot traffic and complement other businesses in the area. Micro-breweries particularly complement local restaurants. Mr. Barree stated that he felt that these two types of uses would be positive additions to the permitted uses under the Zoning Ordinance.
Councilmember Weitz asked Mr. Rogers what steps an owner would have to go through, in order to open up either a micro-brewery or brew pub in the Village. He is all in favor of these types of establishments, but he is concerned that an industrial-sized micro-brewery may be opened in Ridgewood.
Mr. Rogers stated that there are no properties in the B-1 or B-2 Zones that would have sufficient space for an oversized micro-brewery or brew pub to operate. However, there are smaller spaces available where a smaller version of such a facility could operate. Mr. Rogers indicated that some locations in the C Zone would also be conducive to these types of uses.
Mr. Kazmark added that these uses are controlled by statute, and the proposed ordinance was constructed accordingly.
Councilmember Winograd asked if a micro-brewery and brew pub would have to operate in conjunction with each other, and Mr. Rogers replied that they do not. She stated that she thought a micro-brewery would be a perfect fit for Ridgewood and would add much-needed foot traffic to the CBD. She said that she would like to move forward with just the micro-brewery aspect of the ordinance. She asked why both types of establishments were included in the ordinance. Councilmember Winograd explained that she was not sure that the existing restaurants in the downtown area would need competition from a brew pub.
Mr. Kazmark explained that both types of uses are built into the statute. Mr. Kazmark clarified that a brew pub would require the purchase of a plenary retail consumption license. There are currently six such licenses in the Village: one which is a pocket license and five that are being used. An applicant for a brew pub would have to negotiate to purchase an existing license.
Deputy Mayor Perron stated that she was shopping in Westwood and noted that the micro-brewery was closed, so she ate at a nearby pizza parlor. When she asked the owner of the pizza parlor how it was working out with the new micro-brewery, the owner replied, “Saturday night is a beast!” Therefore, she said that it was obvious that the micro-brewery was beneficial to nearby food businesses.
Mr. Kazmark said that he reached out to members of the Ridgewood Guild and Chamber of Commerce to get their thoughts regarding micro-breweries and brew pubs. Both organizations were very supportive of allowing such establishments in Ridgewood. There was a consensus that this ordinance should be introduced next week.
2. AMEND CAT LICENSING ORDINANCE – ESTABLISH
LICENSE EXPIRATION DATE
Mr. Kazmark explained that this matter deals with an amendment to the Cat Licensing Ordinance to establish a license expiration date for a three-year cat license. He said that the current ordinance does not “jive” with the cat licensing system. This causes confusion for residents and the licensing clerk. The amendment to this ordinance will make it easier for cat owners and the staff of the Health Department.
E. OPERATIONS
1. BEST PRACTICES INVENTORY
Mr. Kazmark explained that the Village has completed the 2023 Municipal Best Practices Inventory. He thanked Mr. Rooney and all Department Directors for their assistance in this regard. He stated that the Village is not in jeopardy of losing any State aid. The 2023 Inventory assesses each municipality’s compliance with various laws and evaluates the implementation of fiscal and operational Best Practices. The inventory answers provide taxpayers with an additional means of evaluating their municipality’s performance, and also identifies areas where municipalities may require further technical assistance. All municipalities must submit their completed inventory to the Division of Local Government Services by Friday, November 3, 2023. The Village Councilmembers must acknowledge that this document was reviewed at a Village Council meeting, before it can be submitted. The Village Councilmembers stated that they have all reviewed the inventory. Mayor Vagianos commended Village staff for ensuring that the Village remains in compliance with Best Practices.
2. ENDORSE COMMUNITY DEVELOPMENT BLOCK GRANT
APPLICATION – FAMILY PROMISE
3. ENDORSE COMMUNITY DEVELOPMENT BLOCK GRANT
APPLICATION – SHARE, INC.
Mr. Kazmark indicated that these items pertain to endorsement of Community Development Block Grant applications for Family Promise of Bergen County and SHARE, Inc. Resolutions authorizing endorsement of these applications will be considered at the November Public Meeting.
4. DECLARE PROPERTY SURPLUS – SANITATION TRUCKS
Mr. Kazmark said that this item pertains to declaring property as surplus, specifically, five inoperable sanitation trucks for which replacement parts cannot be obtained. They will be disposed of through govdeals.com. He mentioned that lead times for receiving new vehicles are quite lengthy, due to supply and demand issues.
Deputy Mayor Perron said that she has no problem declaring these trucks as surplus, but she expressed concern about being able to purchase replacement sanitation trucks in a timely manner. She asked if sanitation trucks could be leased. Mr. Kazmark indicated that Sean Hamlin and his team at the Sanitation Department are working on a number of options. He indicated that the five sanitation trucks to be declared as surplus are taking up space, and space is at a premium in the Village.
7. COMMENTS FROM THE PUBLIC
Mayor Vagianos asked if there were any further comments from the public.
Kristina Milian, 530 West Saddle River Road, stated that Councilmember Winograd was incorrect in stating that the Big Tree nomination by the NJDEP was not rescinded. On October 17, 2023, the NJDEP wrote to the Village Attorney stating that, “All aspects of Heritage Tree status for the sugar maple tree at 460 West Saddle River Road have been revoked, including the naming of the tree, the Heritage Tree Certificate, removal from the New Jersey Big and Heritage Tree Registry, and plaque recommendation.” Ms. Milian asked if this matter could be rectified and have the tree put back on the Big Tree registry.
Regarding the health of the sugar maple tree, documents provided by the Village Attorney included a report from Declan Madden, Village Arborist, dated August 1, 2018, stating that the health assessment of the sugar maple was good, which is consistent with the assessment done by the NJDEP on September 19, 2023. Ms. Milian said that the only inconsistent statement came from the Village Engineer in January 2023, when he stated that, “In human terms, the tree is 95 years old with Stage 3 or 4 cancer, and might topple over tomorrow.”
Ms. Milian said that it would be helpful for the Village Councilmembers to listen to the Village Arborist, who is an expert, or to a third party independent source such as the NJDEP, regarding the health of the sugar maple tree, and not listen to the Village Engineer.
Jacqueline Hone, 30 Carriage Lane, said that she wanted to read some correspondence sent by Mr. Rogers to Joseph Bennett, Big and Heritage Tree Coordinator, demanding a documented retraction of the designation and issuance of the Certificate of Recognition and the naming of the tree. She read, “According to our records and understanding from the Village expert, retained to direct the Village’s development of the site due to the approval process, there has never been any formal or official declaration that a battle occurred at or near the property on which this tree is located.” Ms. Hone asked why the Village is spending $35,610.00 to have an archaeological survey performed on the Schedler property, if there has been such a declaration.
Ms. Hone also asked why the Hunter report stated that the subject property was part of the Paramus Reformed Church property, approximately 500 feet south of the Zabriskie-Schedler property. The report stated that the Paramus Reformed Church served variously as barracks, hospital and prison, and General George Clinton camped at the church in December 1776. In addition, General George Washington established his headquarters at the Paramus Reformed Church at various times and held sessions at the court martial of General Charles Lee at the church from July 11-15, 1778. A skirmish between British and Continental Forces occurred at the Paramus Reformed Church in 1780. The report continues by stating, “They camped in the vicinity of the Paramus Reformed Church during the Continental Army’s march south in 1781. Given the proximity of the church and crossroads to the subject property and that the property was apparently an underdeveloped part of the church’s land, it is considered likely that some of these wartime activities extended on to the Zabriskie-Schedler property.” Ms. Hone also pointed out that the Zabriskie-Schedler house and property have received historic designation.
Boyd A. Loving, 342 South Irving Street, stated that someone moved the device from underneath the podium and it was difficult for speakers to get close to the podium. He asked that the device, which he stated looked like an air purifier, be moved in time for the next meeting. Mayor Vagianos indicated that they would take a look at it.
Mr. Loving said that he is not surprised that misinformation is coming from the dais, regarding the matter of the Big Tree/Heritage Tree. He attended the last Village Council meeting on October 25, 2023 and feels that the Village Councilmembers are “back tracking” this evening. He stated that the Village Councilmembers did a “hatchet job” on the person who made the nomination of the tree. Mr. Loving said that he has since learned that the resident who made the nomination actually had the authority to do so. He urged the Village Councilmembers to get their facts straight before making accusatory remarks, stating that misinformation is embarrassing to the public.
With regard to the comments made about ParkMobile this evening, Mr. Loving stated that his daughter, her husband and children live in Hoboken. He and his wife visit them at least three times a week. He discovered that he was charged a $.35 transaction fee to use ParkMobile to park in Hoboken. Mr. Loving asked why Ridgewood residents are being charged a $.50 transaction fee, when the fee in Hoboken is only $.35. He asked the Village Councilmembers to try to get a reduction on this transaction fee with ParkMobile.
Mr. Loving stated that putting a cell site on the roof of Village Hall “floors” him. He thought that the 5G microcells that are going on top of telephone poles were intended to remedy the poor cell signal experienced near Village Hall. He asked why the installation of 5G microcells were not being considered by the Village Council.
Cynthia O’Keefe, 542 West Saddle River Road, stated that a company called OutFront Media has applied for several variances before the Ridgewood Zoning Board of Adjustment. This is regarding the erection of a proposed 40-foot tall, digital, double-sided billboard at 500 Route 17 South, near the Park and Ride. Ms. O’Keefe stated that people traveling north on Route 17, heading toward the West Saddle River Road exit, should be concentrating on the road and decelerating; however, she is concerned that drivers will become distracted by the digital billboard. Once the final testimony is given before the Zoning Board of Adjustment, Ms. O’Keefe requested that this matter be placed on the Village Council meeting agenda for discussion. The billboard is to be placed in an historic zone, and there are many Village residents who oppose this plan. The neighbors on the east side, and motorists on both sides of Route 17, will be forced to view this brightly lit billboard if it is approved. Ms. O’Keefe feels that this is a major safety concern for the Village.
Anne Loving, 342 South Irving Street, stated that much praise was given to Councilmember Winograd for her work on the “tree endeavor,” but no one thanked Ms. Milian for all of the work she did to nominate the sugar maple tree on the Schedler property for Big Tree and Heritage Tree designation. Instead, the Village Council sought to embarrass Ms. Milian. Ms. Loving said that a few speakers before her this evening were making gestures with their hands, yet nothing was said to them (referring to the admonishment given to Mr. DeSilva earlier this evening for “wagging his fingers” at the Village Council).
Frettra DeSilva, 521 West Saddle River Road, echoed the comments made earlier by Mr. Loving. She feels that the Village Councilmembers need to be very careful with the statements they make at the dais, because people inside and outside of the courtroom take these words very seriously. When phrases such as “meaningful implications” and “suffer the consequence of this incident” are used, it seems as though the Village is going to suffer some kind of irrevocable harm if the tree on the Schedler property is designated as a Heritage Tree. She feels that this issue has been “built up” and has become “politicized.” She had hoped for more positivity on the issue, rather than having an ominous cloud hanging over it.
Rohan DeSilva, 521 West Saddle River Road, stated that he read some comments made by a Village Councilmember, published in TAPinto, which stated that the sugar maple tree on the Schedler property was named after a Revolutionary War figure from Pennsylvania, who does not have ties to the Ridgewood community. He asked the Village Councilmembers if one of them actually said that. Not receiving an answer, Mr. DeSilva said that TAPinto indicated that it was Mr. Rogers who actually made this comment. He said that there is a published book on the history of Ridgewood, which states very clearly that Major Byles gave his life “here.” He asked if this does not matter to the Village Council. Major Byles died three days after being injured. He said that one of these stories is incorrect.
Mr. DeSilva again spoke about when he was admonished for “talking” during a Village Council meeting last week. He said that just because Mayor Vagianos sits on the dais does not mean that he can “talk down” to Village residents. Mr. DeSilva stated that, every week, he asks everyone on the dais to speak slowly and clearly into the microphone. He said that Councilmember Weitz never does so. Mr. DeSilva said that he has sent a letter to the State indicating that he does not feel safe in the courtroom, that he cannot hear everything that is being said, and therefore he cannot participate in his civic duty. He feels that the Village Councilmembers should be kinder to their residents and behave in the best interests of their citizens. Mr. DeSilva said that Ms. Milian should have been praised for the work she did to nominate the sugar maple tree as a Heritage Tree.
There were no further public comments.
Mr. Rogers felt that part of the confusion is that the name of the registry, where “Big” and “Heritage” trees are registered in the State, is called the “Big and Heritage Tree Registry.” These two items are combined together in this registry, but they require separate applications. He said that one of the things that was not mentioned this evening, regarding the letter from Mr. Bennett of the NJDEP, was that since the ROA Agreement was never signed by the Village of Ridgewood, all aspects of Heritage Tree status for the sugar maple at 460 West Saddle River Road have been revoked, including the naming of the tree. Mr. Rogers said that this letter did not say anything about revoking the Big Tree status. He said that Mr. Bennett’s letter was very clear about the Heritage Tree Certificate being removed from the New Jersey Big and Heritage Tree Registry. Mr. Rogers stated that the Big Tree status was not revoked.
Councilmember Winograd echoed Mr. Rogers’ comments. She said that she is very excited about the Big Tree status. She said that the Heritage Tree status has been revoked for the sugar maple tree at the Schedler property, but not the Big Tree status. Councilmember Winograd stated that the assessments of the health of the sugar maple by the NJDEP, Mr. Madden and Mr. Rutishauser were done four years apart. When representatives from the NJDEP inspected the tree, Councilmember Winograd wished that Mr. Madden and Mr. Rutishauser could have met with this representative to assess the health of the tree together. The NJDEP representative is coming back on November 3, 2023 to discuss the tree and the Big Tree/Heritage Tree program.
Councilmember Winograd stated that the only technical reason the Zabriskie-Schedler house and property were deemed historic was because of the historic architecture of the house. She said that it is clear that the house is near an historical place (Old Paramus Church). Councilmember Winograd stated that she emailed many of the Schedler neighbors for clarification about the nomination for the sugar maple tree, but did not receive any replies. She remarked that there is a 300-year-old tree in Paramus, which is currently being disputed, and there could be legal implications. This is the reason why the Village Councilmembers need to better understand the process, before taking further action.
Councilmember Winograd said that someone asked this evening why an archaeological survey was being performed on the Schedler property at a cost of $35,610.00. She said that this is being done, because this is what the Schedler neighbors wanted. She feels that it will help to discover what history occurred on the Schedler property.
Addressing Mr. Loving, Mr. Kazmark stated that he was 100% correct in stating that the confusion surrounding the Big Tree/Heritage Tree designation is embarrassing. However, he said that it was embarrassing because one of the two individuals who submitted the applications represented that Mr. Kazmark’s signature was on a document that was actually never signed by him. He said that the ROA Agreement was never signed by him or even presented to him by the NJDEP for signature. Regardless, the NJDEP decided to process the application as submitted, without a signed ROA Agreement. He said that this incident was very embarrassing for him, because Village Councilmembers were calling him and asking him if he had indeed signed the agreement. He commended Ms. Milian for her enthusiasm about designating the sugar maple as a Big Tree/Heritage Tree, but he stated that he will not allow someone to represent to a State agency that he signed a government document that he, in fact, did not sign.
Regarding Ms. O’Keefe’s comments requesting that the billboard issue be heard by the Village Council, Mr. Kazmark stated that the Zoning Board of Adjustment is a quasi-judicial board. When someone makes an application before the Zoning Board of Adjustment, the board is responsible for either granting or denying relief from existing zoning laws within the Village. He said that the Village Councilmembers cannot opine on the billboard matter for that reason. Mr. Kazmark said that there is no mechanism in the law to allow the matter to come before the Village Council, regarding the decision reached by the Zoning Board of Adjustment.
Mayor Vagianos echoed Mr. Kazmark’s comments regarding the quasi-judicial nature of the Zoning Board of Adjustment. The Village Council is not allowed to comment publicly on the billboard matter, because the members of the Zoning Board of Adjustment are appointed by the Village Councilmembers. The Planning Board is different. Mayor Vagianos also stated that there were two applications filed with the NJDEP: one by Ms. Milian and one by another person. The one filed by Ms. Milian specifically indicated that an ROA Agreement had not been signed. The other application indicated that an ROA Agreement had been signed by Mr. Kazmark.
Addressing Mr. DeSilva, Mayor Vagianos stated that he repeatedly tells people who are speaking during Village Council meetings to make sure that they speak loudly enough into the microphone so that everyone can hear what they are saying. He said that he will continue to do so in the future.
Mr. Kazmark said that he has been Village Manager for four months, and one of the common themes he has heard during Village Council meetings is that the public wants things to be done “right” in the Village. He said that the Heritage Tree application is an example of something that was not done right, and he expressed the hope that everyone can collectively be consistent about following the rules now and in the future.
8. RRESOLUTION TO GO INTO CLOSED SESSION
Ms. Mailander read Resolution #23-360 to go into Closed Session:
9. ADJOURNMENT
There being no further business to come before the Village Council, on a motion by Deputy Mayor Perron, seconded by Councilmember Winograd, and carried unanimously by voice vote, the Village Council’s Regular Public Work Session was adjourned at 9:40 p.m.
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Paul Vagianos
Mayor
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Heather A. Mailander
Village Clerk
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