20231025 - 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 OCTOBER 25, 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 7:33 p.m. and read the Statement of Compliance with the Open Public Meetings Act. At roll call, the following were present: Councilmembers Perron, Reynolds, Weitz, Winograd, and Mayor Vagianos. 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

 

Dr. Philip Dolce, 625 Kingsbridge Lane, said that he has been a proud Ridgewood resident for over 50 years. He stated that it is his understanding that the Historic Preservation Commission and the Shade Tree Commission report directly to the Village Council. He asked that the Village Council grant permission to these two groups to look into the Schedler property and offer the Village Council and community their advice and expertise. He said that these two commissions have the expertise that should be provided directly to the community, especially since they are supported by taxpayer money. In addition, these commissions were established to help Ridgewood with essential information and expertise.

 

Dr. Dolce stated that the Historic Preservation Commission has an obvious role to play regarding the Schedler property and house. The Shade Tree Commission also has an essential role to play regarding the Schedler property. He asked both commissions to listen intently to the ideas and concepts of the community and come up with recommendations to present to the Village Council and the community.

 

Ellie Gruber, 229 South Irving Street, echoed Dr. Dolce’s comments and said that it is desirable to have qualified and enthusiastic residents on Village committees. She mentioned that the Chair of the Historic Preservation Commission is also the Village Historian, and several members of that group have backgrounds in architecture or historic structures. When the American Legion presented their rendering of the Gold Star Families Monument, Mayor Vagianos had suggested that they seek the opinions of two members of the Historic Preservation Commission to redesign the monument, due to their expertise in this area. There is a member on the Shade Tree Commission who actually runs his own tree service company.

 

Ms. Gruber feels that it is wrong for the Village Councilmembers to tell these commissions to be “silent” when it comes to giving advice on the Schedler property.  She said that she could not understand why the Village Councilmembers did not consult with these two commissions, but instead spent taxpayer money to hire someone much less qualified to try to undo an historical designation of the State and National Registers of Historic Places. Ms. Gruber noted that the Chair of the Parks, Recreation and Conservation (PRC) Board did not face such constraints when it came to constructing a large field on the Schedler property. She said that it is apparent that a “mouthpiece” is preferable over expertise.

 

There were no further public comments.

 

Councilmember Winograd stated that she is Council Liaison to the Shade Tree Commission (STC), and several members of that commission are present at the meeting this evening. The Schedler property has been placed on the Village Council agenda on numerous occasions, and there has been much discussion regarding the Schedler property at STC meetings. She said that the general consensus of the STC is that they need to wait and see if the plans for the Schedler property, which are to be submitted to the State Historic Preservation Office (SHPO), are or are not approved. If not fully approved, then the STC would like to give their opinions on where the new tree plantings should be placed, to the Village Council.

 

Councilmember Winograd mentioned that Mr. Kazmark has met with Carolyn Jacoby, Chair of the STC, to discuss this matter. She emphasized that at no point, acting as Council Liaison, did she ever tell anyone to be quiet or stay out of the Schedler matter. Councilmember Winograd said that the STC has failed to come to a conclusion, regarding the Schedler property. She said that the PRC Board had their own independent vote on the matter. She mentioned how hard the members of each commission work for the community. She said that it is completely untrue that the Village Council asked either commission to “stand down.”

 

Councilmember Reynolds asked if the plans for the Schedler property have been sent to SHPO. Councilmember Winograd said that the plans have not yet been sent. However, the plans approved by the Village Councilmembers have been posted on the Village website. The appropriate time for the STC to become involved would be after a decision has been reached by SHPO.  

 

3.         VILLAGE MANAGER’S REPORT

 

Mr. Kazmark reported that Maple Field was opened last week, after the remediation and testing were done after the flooding. In the next few weeks, tree plantings will begin in the Central Business District (CBD). There will be a total of 120 new trees planted, organized by the Parks and Recreation Department and supported by the Shade Tree Commission. On Monday, October 23, 2023, at 6:00 a.m., contractors began by planting 32 new trees in the CBD.

 

Mr. Kazmark thanked Jeremy Kleiman, Director of Emergency Management, for developing and submitting an updated emergency response plan to the County of Bergen for review and approval. This plan was submitted two months before the deadline.

 

Mr. Kazmark said that he was advised this morning by the Engineering Department that the Signal Division just finished installing a new pedestrian-activated flashing crosswalk warning light at the intersection of Linwood Avenue and Fairfield Avenue. This is a heavily traveled intersection, given that both Travell School and Benjamin Franklin Middle School are located nearby. He thanked the staff of the Engineering and Signal Departments for getting this done, to increase pedestrian safety.

 

In addition, Mr. Kazmark thanked Christopher Rutishauser, Village Engineer, and his team for submitting the updated community rating system. A congratulations letter was received this week indicating that the Village is in compliance with the community rating system. This is a program that allows residents, who are required to obtain flood insurance, to pay reduced premiums, due to efforts made by the Village to mitigate flooding.

 

Mr. Kazmark thanked Rich Calbi, Director of Ridgewood Water, and his staff for their help in sending out a letter last week to all non-Ridgewood Water customers, in the four towns serviced by Ridgewood Water (Ridgewood, Glen Rock, Wyckoff and Midland Park). The purpose of this letter was to ascertain whether or not any of these property owners have private wells or are customers of another water service provider. In that letter, the possibility was discussed of those private homeowners sharing with Ridgewood Water any testing results from private wells. The goal is to obtain baseline data of testing results in areas that are not serviced by Ridgewood Water. Mr. Calbi reported during the Department Directors Meeting on Monday, that he has already received responses from residents. Mr. Kazmark urged all residents with private wells to submit any water testing results that they have obtained, to Ridgewood Water, so that the database may be enhanced.

 

Mr. Kazmark reported that the new leaf collection flyer was sent out last week to all residents. He thanked Mike Junta and Jeanne Placier, in the Streets Division, for their efforts in this regard. Curbside leaf collection will begin on October 16, 2023. Residents should refer to the flyer to find out when leaves should be placed at the curb, in their area.

 

 Mr. Kazmark congratulated the Village on achieving the Sustainable Jersey Bronze Level Re-Certification. Deputy Mayor Perron will speak about this further, this evening. Mr. Kazmark congratulated Johanna Luttrell, of the Recycling Department, for being named their first “Member of the Year,” by the Association of New Jersey Recyclers (ANJR).

 

Ms. Mailander announced that she attended the Annual Awards Luncheon held by ANJR with Rich Calbi, earlier today. Their first-ever “Member of the Year Award” was given to Johanna Luttrell, who has worked for the Village Recycling Division for decades. Ms. Mailander described Ms. Luttrell as innovative and being excellent at what she does. She is constantly developing new programs and visits Village schools to talk about recycling. Ms. Mailander said that she was honored to be at the luncheon, when Ms. Luttrell received this award. Ms. Luttrell was surprised at receiving the award, and stated that it was all a “team effort.” Ms. Mailander said that she was very proud of Ms. Luttrell, especially since it was the very first time that such an award had been given by ANJR.

 

Mr. Kazmark announced that he received confirmation today, from the New Jersey Department of Transportation (NJDOT), that the left side of the Park and Ride on Route 17 will be paved by the NJDOT next week. They have also advised him that, over the next month or so, the trailer structure in the back left-hand corner of the parking lot, will be razed and removed from the site. In addition, the NJDOT will be forwarding to him a landscaping plan to increase the buffer zone between the parking lot and the homes of adjacent neighbors. Additional signage will be installed around the Park and Ride, to prevent people from parking up on the curb and on the grassy areas.

 

Mr. Kazmark announced that Ridgewood’s Annual Health and Wellness Fair for Older Adults will be held tomorrow, October 26, 2023, from 10:00 a.m. to 12:00 p.m., in conjunction with the Health Department, at the Youth Center in Village Hall.  Pre-registration is required for this event, through CommunityPass.

 

The Ridgewood Chamber of Commerce will hold their annual Halloween Haunted Harvest event on Saturday, October 28, 2023, in Memorial Park at Van Neste Square, from 11:00 a.m. to 2:00 p.m., weather permitting.  The Farmers Market, sponsored by the Ridgewood Chamber of Commerce, will be held for the last time this year on Sunday, October 29, 2023, at the Train Station on the west side.

 

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.

 

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 14^th 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.

 

Village Hall and all Village offices will be closed on Friday, November 10, 2023, in observance of Veterans Day.

Upcoming Village Council meetings are broadcast live from the Village Hall Courtroom, on the Village website, on FIOS Channel 34 and YouTube. The next Public Meetings are scheduled on November 8 and December 13, 2023 at 7:30 p.m. The next Village Council Work Sessions will be held on November 1 and December 6, 2023 at 7:30 p.m. There are only two Village Council meetings during the months of November and December. All meetings will have hybrid access (in person, Zoom or by phone).

 

4.         VILLAGE COUNCIL REPORTS

 

Councilmember Winograd began by thanking the Shade Tree Commission (STC) and Matthew Rogers, Village Attorney, for participating in the Adopt-a-Sapling pilot program. So far, 31 saplings have been planted, through the efforts of local volunteers and students from Ridgewood High School. She gave a big shoutout to Nancy Bigos, Director of Parks and Recreation, and Adam Brown, of the STC, who spearheaded this initiative. Councilmember Winograd thanked all of the residents who adopted a sapling and reminded them to make sure to fill the donut with water. Councilmember Winograd proudly announced that the Shade Tree Commission has launched a trifold, which contains information about the activities of the Shade Tree Commission. She thanked Tim Graham, who was in charge of communications, and Rurik Halaby, who donated some of the pictures for the trifold. This trifold will also be listed on social media. Volunteers who wish to serve on the Shade Tree Commission are always welcome.

 

Councilmember Winograd announced that the Access Committee, in conjunction with the Learning Services Home and School Association (LSHSA) and Special Education Parent Advisory Group (SEPAG), is holding “sensory-free dinners” at Steel Wheel Tavern in the CBD. Jamie Davis spearheaded this initiative, which aims to provide children with special needs, who sometimes become overwhelmed with too much sensory stimuli, with a safe place to dine with their families. The first dinner will be held, with dim lights and no music, on Wednesday, November 8, 2023.

 

Councilmember Winograd said that she attended a meeting of the Parks, Recreation and Conservation (PRC) Board last night. They are in the process of creating a detailed list of all parks in the Village, and this will be provided to the Village Manager. This list will be utilized to obtain any suitable grants. There was also a discussion at the meeting regarding whether or not the lights should be turned on or off, when the fields are closed. The board members are also working on implementing some of the aspects of the new Master Plan. She thanked Jim Bostler, of the Open Space Committee, for attending the PRC meeting, and Deputy Mayor Perron for working with the PRC Board and the Open Space Committee.

 

Councilmember Weitz thanked Mr. Kazmark for helping commuters, regarding the issues at the Park and Ride on Route 17. Councilmember Weitz stated that he met with a resident who lives adjacent to the Park and Ride. He observed that a denser buffer zone was needed between residents’ homes and the parking lot. He said that half of the Park and Ride was closed by the NJDOT, on the left side of the lot, after Labor Day, which caused chaos with commuters. Councilmember Weitz said that he was very pleased with the progress made by Mr. Kazmark this evening, which will enable the left side of the Park and Ride to be repaved and then reopened, and will enable the neighbors to have a buffer between their backyards and the Park and Ride.

 

Councilmember Weitz announced that he met with the Ridgewood Arts Council, and they will be working on the Central Business District Holiday Window Decorating Contest this year, which has been done for several years. The Ridgewood Guild has donated some prizes for the contest. Judging will be done at the end of November, and the winners will be announced in December, at Downtown for the Holidays.

 

Councilmember Weitz thanked Mr. Rogers and Mayor Vagianos for joining him at the Upper Ridgewood Community Church, which will soon be closing. The church hosted a forum for surrounding neighbors about possible uses for the property, moving forward. The church is located right in the middle of a dense residential area, so any future uses will impact the neighbors. Mr. Rogers gave a “primer” on zoning law at the forum, and he spoke about potential uses for the property in the future.

 

Councilmember Reynolds stated that the Citizens Safety Advisory Committee (CSAC) met last Thursday night. There was a discussion about safety at the intersection of Hamilton and Morningside Roads. A resident said that she was concerned about speeding and drivers going through stop signs at that intersection, along with a sight triangle obstruction. The Police Department investigated this area and noted that people were indeed speeding and going through stop signs. Road painting as a traffic-calming solution was discussed, and this suggestion has been forwarded to the Engineering Department for their review. Another resident at the meeting expressed the need for a pedestrian crosswalk signal at the intersection of North Maple and Linwood Avenues, as well as a comprehensive, proactive plan by the Village to ensure pedestrian safety. Councilmember Reynolds felt that these were all good ideas and these matters will be discussed further.

 

Councilmember Reynolds said that another resident, who previously submitted over 100 sight triangle obstructions in the Village, expressed concern over the process by which these obstructions are being addressed. Police Sergeant John Ward volunteered to go to all of the sight triangle obstructions on the list and make a chart of the 15 most concerning intersections. Councilmember Reynolds said that to “qualify” in the top 15, the intersection had to have at least one property on the four corners in violation, it had to be within half a mile of at least one school, and it had to have had at least six motor vehicle accidents in the past five years. Councilmember Reynolds said that there are 21 properties, located at these 15 intersections, which are alleged to be in violation of the sight triangle obstruction.  She said that most of these 21 properties have already been sent letters by the Engineering Department to correct the violations. Property owners who have not corrected the violations will be sent follow-up letters shortly, which set forth in detail, with pictures, what violations exist on their property. She urged all property owners who receive such a letter to take care of correcting the violation. She reminded everyone that shrubs cannot be more than 30 inches high.

 

Councilmember Reynolds said that there was also a discussion at the meeting about the need for a stop sign at the intersection of the Franklin Avenue extension and North Irving Street. Some neighbors said that there was a stop sign at that location many years ago, but it seems to have disappeared, although Councilmember Reynolds said that there is no record of a stop sign ever being there. There was almost an accident recently in that location with a landscaping truck. There was also a discussion about the lighting in the area of Franklin Avenue and Broad Street. The Police Department reported that a list of light locations in need of repair was sent to Public Service Electric & Gas (PSE&G) and the Village Manager. A discussion regarding Clinton Avenue, near Ridge School, continued from the last meeting. The Police Department observed the area and has started a campaign to educate drivers and also the children who walk on Clinton Avenue. New signage has been installed, which seems to be helping. Councilmember Reynolds thanked the Police Department for all of their efforts.

 

The results of the speed study on Bellair Road were reported at the CSAC meeting, and it was recommended that enforcement be carried out, and that consideration be given to painting a double yellow line on the street, along with white lines on the sides of the road. Councilmember Reynolds said that these white lines are sometimes called “fog” lines. This will be discussed further at the next meeting.

 

Councilmember Reynolds said that a new electric speed sign was installed on East Glen Avenue, near Bogert Avenue. The Police Department will follow up on the progress of an in-street crosswalk sign at Bogert Avenue. The next CSAC meeting will most likely be held on Wednesday, November 15, 2023, but Councilmember Reynolds still needs to confirm that someone from the Police Department will be available to attend the meeting on that date.

 

Mr. Kazmark mentioned that he has two calls scheduled with two of the concerned residents who appeared at the CSAC meeting. One call is scheduled on Monday and the second call is scheduled on Friday of next week. He will report back to the Village Councilmembers about the results of those conversations.

 

Deputy Mayor Perron stated that the Green Team, which handles the Village’s accreditation with Sustainable Jersey, obtained a Bronze Certification. She stated that there is a lot of work involved to earn points towards certification. She explained how the process works, and she applauded the efforts of the Green Team. Deputy Mayor Perron said that Ridgewood will be recognized as one of the leading communities in New Jersey with regard to green practices at the New Jersey League of Municipalities Luncheon during the conference on November 14, 2023. Deputy Mayor Perron will be attending this luncheon. She mentioned that the Green Team is seeking members.

 

Deputy Mayor Perron said that Green Ridgewood, of which the Green Team is a part, is working on a recommendation to the Village for a carbon reduction target and a climate resiliency statement, to set out goals for the Village.

 

Deputy Mayor Perron announced that the Open Space Committee welcomed a new member, Oleg Refkin. The committee is going to investigate insurance practices with regard to flood claims submitted. She said that it may become harder and harder for homeowners to obtain flood insurance in the future. Deputy Mayor Perron said that this could affect how the Village looks at its Flood Acquisition Plan. The committee will be reinstating the park walks, which were originally done during the Covid pandemic. There will be a tour conducted for all Village parks.

 

Deputy Mayor Perron said that there was a meeting of the Planning Board, and the application by Ridgewood Water, to build another PFAS treatment facility at 1156 Ridgewood Avenue, was heard. This application was approved unanimously. There was also a discussion about amending Chapter 190 of the Village Code, dealing with zoning in the B1 and B2 districts, regarding microbreweries and exclusionary zoning. The Planning Board has asked John Barree, Village Planner, to do some research on both items.

 

The Central Business District Advisory Committee (CBDAC) welcomed a new member, Andy McGonnell. During the meeting, Stuart Koperweis, of Economic Development Strategists, gave a presentation about a Special Improvement District (SID), similar to the presentation given a few weeks ago before the Village Council. Mr. Kazmark also attended the meeting, introduced himself, and gave his impressions of Ridgewood as the new Village Manager. Deputy Mayor Perron told the CBDAC members about Councilmember Winograd’s initiative to refurbish the decorative holiday balls (kissing balls) that used to hang in the CBD during the holiday season. CBDAC members suggested that the snowflakes would look best hung along East Ridgewood Avenue, and the kissing balls would look best hung on the side streets, since the snowflakes are brighter than the kissing balls. CBDAC members voted to meet via Zoom going forward, with in-person meetings once every quarter. The next CBDAC meeting is scheduled for November 9, 2023, via Zoom. During that meeting, HubQuarter will be giving a presentation, similar to the one given before the Village Council recently. During that meeting, a discussion regarding bylaws for CBDAC will be held.

Deputy Mayor Perron thanked the Conservancy for Ridgewood Public Lands for installing new plantings on North Broad Street, and she is looking forward to seeing the blooms in the spring.

 

Deputy Mayor Perron remarked what an asset Johanna Luttrell is to the Village’s Recycling and Sanitation Departments. She is always available to the public, and residents with questions may contact her via email at jluttrell@ridgewoodnj.net.

 

Mayor Vagianos said that some of his committees did not meet and he was unable to attend the meetings for some of his committees, so he has no reports.

 

5.         PRESENTATION

 

            A.        VERIZON CELL SITE PROJECT – PUBLIC SAFETY                                                        COMMUNICATION ENHANCEMENTS

 

Mr. Kazmark announced that Lieutenant John Chuck, of the Ridgewood Police Department, will give a presentation on a potential Verizon cell site project at Village Hall. This is deemed necessary to enhance public safety communications, and provide enhanced cell carrier service for members of the public, as well.

 

Lieutenant Chuck stated that cell phone coverage in Village Hall, and on the grounds near Village Hall, including Veterans Field and Graydon Pool, is almost nonexistent. During special events held in the Village, such as the Fourth of July celebration, Lieutenant Chuck said that there is no cell coverage whatsoever. Over the past few years, the Police Department has been working with the Verizon Emergency Team to try to create some sort of network for public safety to use, which has failed every year. The team they met with this year suggested that more infrastructure would need to be built, in order to solve this dilemma. Lieutenant Chuck said that Verizon has determined that Village Hall is a great location where some antennae could be installed.

 

Lieutenant Chuck said that Verizon is looking to install three antenna sets on the roof of Village Hall, which would afford 360° coverage from approximately Valley Hospital through the Central Business District (CBD). These antennae will also enhance cell service during special events. Lieutenant Chuck then showed an illustration on the screen of what the antennae devices look like. Small platforms will be installed to support the antennae. He also showed an image of Village Hall, illustrating that the antennae will not be observable from the ground. The antennae will be placed behind the façade of the building. Mr. Kazmark said their aim is not to impede the impressive visual nature of Village Hall.

 

Lieutenant Chuck stated that Verizon wants to also install a backup generator on the roof, to ensure that the antennae will always have power, even during power failures. He said that there is currently a power generator at Village Hall, but it is inadequate for the needs of Village Hall. Verizon has agreed to subsidize the cost of this backup generator with the Village. The Village would purchase a large generator, and Verizon would pay a portion of the cost, in proportion to the power needed to provide power for the antennae.

 

Councilmember Weitz asked if there are funds in the budget to pay for a new generator. Lieutenant Chuck said that there are funds available next year for this purpose in the Police Department Capital Budget. Mayor Vagianos clarified that there will be a budget request for this generator next year, but that monies for this generator have not yet been allocated. Councilmember Weitz asked how much this generator will cost. Lieutenant Chuck said that Christopher Rutishauser, Village Engineer, will give an explanation of the bid process.

 

Councilmember Winograd said that it was extremely necessary to have cell coverage, especially when large events are being held in the Village. She said that she has been told that the generator purchased for Ridgewood Water exceeds what their department needs. She asked if the Village could “tap into” this generator, rather than purchase a new one, and have Verizon chip in for the cost of the power they would need from that generator, to ensure that the antennae had power during a power outage.

 

Mr. Rutishauser replied that he did not believe there was sufficient generator capacity to use the Ridgewood Water generator to power the antennae as well. The Ridgewood Library is also seeking to use the Ridgewood Water generator in the event of an outage, and Mr. Rutishauser said that he would have to wait to see how the Library’s connectivity to the generator affects the load demands. In addition, Mr. Rutishauser said that consideration had to be given to the length of wiring conduit that would be needed to connect the Verizon antennae to the Ridgewood Water generator. Mr. Rutishauser stated that Village Hall currently has a 100KW natural gas-fired generator. He felt that something such as 200KW or 250KW would be necessary to cover the needs of Village Hall (above what is supplied by the 100KW generator), and the needs of the successful cell carrier, for emergency generating capacity. Mr. Rutishauser said that they plan to remove the current natural gas-fired generator and replace it with a diesel unit.

 

Mayor Vagianos asked if Mr. Rutishauser had any idea how much such a generator would cost. Mr. Rutishauser said that it would cost between $300,000.00 and $500,000.00. He reminded everyone that the successful vendor will partner with the Village to purchase the generator. This project will be sent out for a proposal, and the Village Council will select the best option for the Village. In the proposal, they will request the type of partnership a prospective carrier would have with the Village for an emergency generator upgrade, and how much a carrier would pay the Village for the privilege of installing antennae on Village Hall. He stated that although the goal of the Police Department is to enhance safety communications, this project will also enhance the broadband width in this area tremendously, to the benefit of the selected cell carrier.

 

Councilmember Weitz agreed that the Village needs the enhanced cellular communication, and is in favor of sending this project out for bid, but he reiterated that he would like to know how much the Village would have to spend on the generator, after the selected carrier makes a monetary contribution towards the generator. He is concerned that the Village will be obligated next year to allocate funds in the budget for the generator, while other commitments have already been made, such as completing the repairs to the Kingsbridge Lane Bridge and constructing the sidewalks on West Glen Avenue.

 

Mr. Kazmark clarified that the only thing sought this evening is permission from the Village Councilmembers to move forward with soliciting proposals in this matter. He said that the answers to those proposals will drive the answers to the questions asked by the Village Councilmembers.

 

Mayor Vagianos said that he assumed that a separate bid would need to be sent out for the generator. Mr. Rutishauser agreed, and explained that he planned to include in the Request for Proposal (RFP) package a question asking what a carrier would be willing to contribute towards the cost of the backup generator.

 

Lieutenant Chuck stated that there is also revenue potential in connection with this project. One source of revenue is leasing the space on the roof. He has also identified at least two other areas in the Village where cell service is low, and additional cell sites could be installed. Each cell site comes with lease agreements. He said that this would create multi-year income from the leases, together with the subsidy to be offered by the successful carrier for the generator, and the potential of additional cell site locations, if they are aesthetically acceptable.

 

Deputy Mayor Perron stated that she assumed that they have investigated whether or not the Village Hall roof could sustain the weight of this proposed equipment. Mr. Rutishauser said that Verizon has already asked for this information, but he will not release that information until the contract is awarded to a carrier. He wants to avoid bias in the RFP, so that it can be a fair and open process. 

 

Deputy Mayor Perron recalled that Lieutenant Chuck said that the antennae would cover the entire CBD, and she asked if that would include Van Neste Square. She finds coverage there to be terrible. Lieutenant Chuck said that there are limitations, but Verizon has told him that 5G and LTE bandwidth will be significantly increased, from East Ridgewood Avenue to Valley Hospital. Deputy Mayor Perron remarked that that does not necessarily cover Van Neste Square. Mr. Kazmark said that one disadvantage to sending this project out for bid is that Verizon will not share all of their information with the Village, including how far reaching the signal would be, until they are awarded a contract, due to the competitive nature of the bid process.

 

Deputy Mayor Perron recalled that the Village engaged a vendor with 5G expertise, at no cost to the Village, and Ms. Mailander confirmed this. Deputy Mayor Perron thought that this expert should be consulted with regard to the cell coverage. Mr. Rutishauser stated that the expert will not do so for free, and funding would need to be allocated for such purpose. Mayor Vagianos suggested that this expert be brought in, once all proposals for this project have been received. He mentioned that cell tower agreements can be very lucrative.

 

Deputy Mayor Perron asked what the difference is between a cell tower and an antenna. Lieutenant Chuck showed a picture of the antenna on the screen. Mayor Vagianos explained that a cell tower has antennae located on top of it. He stated that the Lincoln Building, located in the Central Business District, has many antennae on top of it, because of its height. He said that cell carriers do not really want to build cell towers, because it is difficult to find good locations for them. Everyone was in favor of this project going out to bid.

 

            B.        SHADE TREE COMMISSION – UPDATES TO TREE ORDINANCE AND                         BIG TREE/HERITAGE TREE

 

Mr. Kazmark asked George Wolfson and Timothy Graham of the Shade Tree Commission (STC) to come forward. Councilmember Winograd began by reading a statement from Carolyn Jacoby, Chair of the STC, as follows: “Since the re-establishment of the Ridgewood Shade Tree Commission in 2014, as an advisory group to the Village Council, a major focus of STC has been to provide current Best Practices to the Village Council for the protection, conservation and expansion of our tree canopy. With our program mainly focused on the municipal shade trees, it became evident that without a protective tree ordinance, stipulating allowable actions by homeowners and developers regarding tree removals, that our overall Village canopy was being adversely impacted. In 2021, Pam Perron and Carolyn Jacoby worked to revise an existing tree ordinance that had proved somewhat ineffective. The current updated ordinance became effective in May 2022. Though it provided much-needed improvements to the previous iteration, during the past almost 18 months, the current ordinance is now recognized as having limits in effectiveness, by lack of a consistent means of enforcement of regulations. Tonight, George Wolfson, a longstanding member of the STC, along with Tim Graham, also of the STC, will present recommendations for the Council to consider. Areas in this ordinance needing revision will be proposed, in order to ensure that our overall Village tree canopy is adequately maintained and continues to grow, providing great environmental health benefits for the well-being of all of our residents and adding greatly to the beauty of our Village.”

 

Mr. Wolfson said that the revisions to the tree ordinance began to be developed five years ago. In order for Ridgewood to retain the Tree City USA designation, an appropriate ordinance regarding the regulation of trees must be established, and the ordinance must be developed by a separate commission or group outside of the governing body. The procedure followed to develop the tree ordinance began with a meeting with the Engineering Department staff members, who gave the STC their ideas on what was working and what was not working, as well as ideas on how to improve the tree ordinance. The STC listened to the concerns of residents in the community. The STC also reviewed tree ordinances from ten surrounding municipalities, which exhibit Best Practices within their protective shade tree ordinance. A meeting of the STC members was then held, to collate all of the information which they had amassed, to try to figure out the needs and wants of Village residents, as well as areas of the ordinance which needed improvement. Mr. Wolfson said that the STC members met with Mr. Kazmark to discuss their proposed changes to the tree ordinance. The final step is this evening’s presentation before the Village Council.

 

Mr. Wolfson stated that upon reviewing the ordinance, three key components were identified. The first is land development, which basically falls under the jurisdiction of the Planning Board. The second component is home improvement, which falls under the purview of the Board of Adjustment. The third component is canopy preservation, which falls under the purview of various Village Departments. Mr. Wolfson said that the canopy preservation component takes into consideration the canopy’s benefits to the Village, as a whole.

 

The land use portion of the ordinance requires that there be a site plan or landscaping/mitigation plan submitted to the appropriate board. He said that it was important that Chapter 190 of the Village Code be aligned with the Protective Tree Ordinance components found in Chapter 260, and vice versa. Mr. Wolfson said that the most important aspect of the proposed revisions to the ordinance deals with which boards and departments in the Village have the authority to enforce the regulations contained within the ordinance. The site plan must be complete before it is submitted, and the site needs to be inspected to make sure that it aligns with the site plan. Mr. Wolfson said that they are requesting that a Certificate of Occupancy (CO) not be issued until the tree replacement plan has been reviewed and approved. The appropriate board shall have the responsibility of ensuring that all tree requirements are met, before a CO can be issued. The proposed revisions address the clearcutting of trees, with special requirements mandated for development within a flood plain (an additional requirement to replace trees in a floodplain at a ratio of 4 to 1, rather than 1 to 1, for each tree removed).

 

A discussion ensued about the next steps after the proposed form of the ordinance is finalized. Mr. Rogers stated that once the proposed ordinance is reviewed by the Village Council, it should be reviewed by the Planning Board and any other appropriate boards, to elicit their recommendations. Councilmember Winograd indicated that the ordinance will also be reviewed by Mr. Rogers, to ensure the legality of all components. Mr. Kazmark recommended that a subcommittee be formed, as the ordinance is being revised, consisting of some Department Directors and some Supervisors (Public Works and Parks and Recreation) to get their recommendations for the ordinance. Councilmember Winograd remarked that the Engineering Department has done a wonderful job under the existing ordinance.

 

Councilmember Reynolds said that the next slide on the screen states that a permit shall be required for the removal of any deciduous tree in the Village over 8 inches dbh (diameter at breast height) and 10 foot height for conifers. Mr. Wolfson stated that this is one of the changes the STC is proposing. He explained that the tree ordinance, as it now stands, lacks specifications regarding the size of the tree that is required to be planted, to replace the tree being removed, particularly the conifers. Mr. Wolfson stated that many municipalities have a height requirement for replacement trees, to ensure that a homeowner does not replace a removed tree that was significant in height or diameter, with a “cheap solution.” There was a discussion regarding the benefits of deciduous vs. conifer trees, as well as what types of trees would be suitable to replace a removed tree. Deputy Mayor Perron remarked that some homeowners are replacing a removed tree with arborvitae, which is basically a shrub.

 

Mr. Wolfson stated that the “Scorecard” shown on the screen was developed by the Engineering Department. There were 221 permits issued between April and December of 2022, and 287 permits issued from January to September of 2023. Mr. Wolfson said that these are the only two numbers that he would rely upon, primarily because the verification process determining the number of trees removed, trees exempt, trees replaced, and qualified trees is not “solid.” He said that this is an area, which needs to be reinforced in the revised ordinance.

 

Councilmember Reynolds noted that the scorecard showed that 606 trees were removed so far in 2023, and 591 trees were exempt, which means that 97% of the trees were exempt. Councilmember Winograd explained that there are exemptions for ash trees, dead trees, dangerous trees or diseased trees, but better enforcement measures would verify that these trees are indeed eligible for exemption. Deputy Mayor Perron remarked that no resident took advantage of the option to place $500.00 into the Village’s Tree Replacement Fund, if they were unable to plant a replacement tree on their property, after having removed one. Mr. Wolfson stated this is an area, which needs strengthening in the ordinance. He said that a “sliding scale” is used when determining what type of tree must be planted as a replacement tree on a property where a tree has been removed. Deputy Mayor Perron recalled that either the Village’s Master Plan or John Barree, the Village Planner, suggested going to a sliding scale, when determining what type of replacement tree is appropriate. He would like to see a requirement that a deciduous tree be replaced with a deciduous tree, and a conifer replaced with either a conifer or deciduous tree. Conifer replacements should have a height minimum of eight feet.

 

Mr. Wolfson then spoke about strengthening the current enforcement process. In cases involving applications before the Planning Board and Zoning Board of Adjustment, there needs to be someone responsible for canopy protection. This requires manpower to oversee data collection, verification of permit application information, site review, proper collection of fees, and management of the Tree Replacement Fund. It must be determined who is responsible for site inspection, whether a new full- or part-time position is created for such purpose, or whether the responsibility would lie with the Village Code Enforcement Officer, Engineering Department, Shade Tree Department staff, or Village Manager.

 

Mr. Wolfson said that another issue is to decide what appropriate fines, fees and penalties would apply. The exemptions need to be redefined, especially regarding invasive trees, which, although invasive, still provide shade and absorb water. He added that most Federal and State regulations regarding trees are coming out of the Department of Stormwater Management. The permit fee for removal of a tree is currently $50.00, and $500.00 per tree removed when no replacement tree is planted. Mr. Wolfson said that there are other areas which may require having a fee assigned to them, such as a tracking fee, review fee, or extra fee paid to the Planning Board or Zoning Board of Adjustment relating to detailed reviews of tree-related issues.

 

Mr. Wolfson summarized by stating that there are three things which the STC would like the Village Council to consider. One is the enhancement of tree protection capabilities within the authority of the Planning Board and Zoning Board of Adjustment. The second suggestion deals with better management (more manpower) to deal with enforcement and inspections. The Village should have a qualified person to manage all facets of the program. The position could be a qualified arborist or forester on a full- or part-time basis. The third suggestion deals with improvements to replacement rules to reflect current Best Practices.

 

Mayor Vagianos thanked Mr. Wolfson for his very comprehensive presentation. He asked if there were any questions from the Village Councilmembers.

 

Deputy Mayor Perron thanked the members of the STC for working tirelessly for years on the tree ordinance. Councilmember Reynolds mentioned that she would like to serve on the subcommittee, which was mentioned earlier, and Councilmember Winograd said that she would have to be on the subcommittee as Council Liaison to the STC. She said that Mr. Kazmark and Mr. Rogers could be on the subcommittee as well. Mr. Kazmark suggested getting together “offline” to define what parts of the ordinance would be dealt with by whom, such as enforcement and staffing.   

 

Councilmember Winograd stated that about a month ago, she and Mr. Kazmark, Councilmember Reynolds and Deputy Mayor Perron received a note from the NJDEP (Forestry Service) that the sugar maple tree on the Schedler property had been nominated and approved for “Big Tree Status” in the State of New Jersey. Councilmember Winograd said that she was concerned that this tree has received a massive amount of internal supports (cables), along with being fed $6,100.00 worth of tree food. The NJDEP assessed that the health of the tree was good, even though the Village Arborist had ranked the tree’s health as fair.

 

About a week after receiving the initial note from the NJDEP, Councilmember Winograd received a note stating that this tree had been nominated for designation as a “Heritage Tree.” However, only the owner of such a tree could make such a nomination, and she described this as a “lost opportunity.” In this case, a third party had made the nomination and not the Village of Ridgewood. Councilmember Winograd talked about the importance of trees. She stated that the Shade Tree Commission is going to form a subcommittee, which will handle all nominations for trees located on municipal lands to be designated as a “Big Tree” or “Heritage Tree.”

 

Mr. Kazmark added that he has never seen an application completed for nomination of the sugar maple on the Schedler property as a “Big Tree” or “Heritage Tree,” until Councilmember Winograd asked the NJDEP to send her a copy of the paperwork that was submitted. He stated that at no time was he ever asked to sign a Right of Access Agreement. If he had been approached, he would have brought this before the Village Council. He feels that it is appropriate for a subcommittee of the Shade Tree Commission to review such applications for trees on municipally owned property, and thereafter make recommendations to the Village Council.

 

Mr. Rogers said that he became aware of the nomination on October 15, 2023, when Mr. Kazmark received an email from the NJDEP Forestry Service, Big and Heritage Tree Conservation and Education Committee, congratulating the Village on having the sugar maple located on the Schedler property certified as a “Heritage Tree.” The email was accompanied by a certificate, which stated the Heritage Tree was named after Major Thomas Lambert Byles, a Revolutionary War hero. This occurred without consent, participation or permission of the Village Manager, Village Council, or anyone affiliated with the Village. Documents were required to be filed by the Village of Ridgewood with the NJDEP after this designation. These documents were filed, but not by any Ridgewood staff or officials. Mr. Rogers stated that, according to law, the only way the sugar maple could receive this designation would be if Village officials had filled out the documents, submitted them, and then gave consent by way of a Right of Access Agreement. This whole process cannot happen without permission of the owner of the tree.

 

Mr. Rogers stated that this entire matter was a complete surprise to him, the Village Manager and the Village Councilmembers. A request was made to the NJDEP Forestry Service for documents, so that the Village could discover how this all started. Some documents were provided, but not all, and, after receipt of the documents, it became apparent that no one in the Village had submitted this nomination. No attempt was made by anyone (other than the NJDEP) to notify the Village of the applications, despite the fact that the Village Manager’s name and email were placed on the applications. In addition, there was a statement on the applications stating that the Village officials had completed the Right of Access Agreement. Mr. Rogers reiterated that no Village official or staff members knew about this application being submitted. On one of the nominating petitions, there was also a statement that “we [applicant] can ask them [Village] when this [the application process] moves forward.” Mr. Rogers said that this was a clear indication that whoever submitted these applications did not want the Village to become involved in the matter.

 

Mr. Rogers indicated that there has been a tremendous amount of social media rhetoric, discourse, accusation and distrust surrounding the Schedler property, since January of this year. He said that every move by the Village has been scrutinized and criticized, which is to be expected in a democracy. However, when it comes to declaring this Village-owned tree a Heritage Tree, secrecy was the “mantra,” communication was nonexistent, and Village authority was sidestepped. Mr. Rogers said that no municipal government can function this way, and residents cannot take actions such as this without the permission of the governing body. He said that when people take the law into their own hands, the law and government are the losers. Resident participation is always welcome in the voting process, public comments at meeting, and volunteerism. He expressed the hope that the Village Council can continue to govern its residents, without suffering any potential consequences, as a result of this incident.

 

Mr. Rogers stated that the Village has always been committed, and will continue to be committed, to maintaining and protecting the sugar maple tree on the Schedler property. Compromising this tree in any way has never been discussed during Village Council meetings. When the time is deemed appropriate by the Village Manager and Village Council, with the assistance of the Shade Tree Commission, the Village will consider certifying this tree as a Heritage Tree and having it named in honor of a distinguished and notable individual from Ridgewood’s past.

 

Mayor Vagianos thanked Councilmember Winograd, Mr. Kazmark, and Mr. Rogers for their assistance in this matter. He echoed Mr. Rogers’ comments that a government cannot operate in this manner. Councilmember Reynolds stated that she hoped the Shade Tree Commission will take steps in the future to designate the sugar maple tree at the Schedler property, as a Heritage Tree.   

 

6.         DISCUSSION

 

A.             BUDGET

 

1.         AMBULANCE FEE SCHEDULE UPDATES

 

Mr. Kazmark asked Chief John Judge of the Ridgewood Fire Department to come forward to talk about recommended changes to the ambulance fee schedule. Chief Judge stated that while preparing a Request for Proposal for a billing company, he reviewed the current ambulance fee schedule and noted that the last increase in fees occurred in 2017. He said that the Village’s rates are far below what surrounding hospitals are charging for the same service. The current fee for the Village providing ambulance service and transportation is currently $750.00, while local surrounding hospitals are charging between $1,511.00 and $1,800.00 (Valley Hospital, Hackensack University Medical Center, and St. Clare’s Hospital). The mileage cost is currently $18.00 per mile, per trip, in the Village, while surrounding hospitals are charging $30.00 to $44.00 per mile, per trip. Chief Judge would like to increase their BLS911 fees to $1,500.00 and the mileage fee to $30.00 per mile. He stated that Ridgewood does not do interfacility transport (BLS non-emergency), but would like to have the charge for this to be written into the ordinance as $1,500.00, just in case the need arises. Chief Judge said that the charges for no transport, but oxygen supplied, would remain the same.

 

Chief Judge said that one disturbing matter that has come to his attention is that some residents are being charged for services and they are worried that they cannot afford to pay for same. He said that their policy has always been that residents are not responsible for co-pay charges for an ambulance bill, over and above what their medical insurance coverage will pay. However, residents do not seem to be aware of this fact. After researching this issue, Chief Judge determined that Medicare requires that a bill be sent to a patient for ambulance charges. However, if a Village resident pays taxes, and a portion of that goes towards ambulance services, then the resident is not obligated to pay anything for these services, other than what is paid for by their medical insurance.

 

Mr. Kazmark clarified that the patient portion of an ambulance bill is essentially covered by their contribution to property taxes within the Village. However, this would not apply to a non-resident needing ambulance services in the Village. The non-resident would be responsible for their co-pay. Chief Judge agreed, but clarified that the only exception would be where there was a Mutual Aid Agreement that Ridgewood has with another town. He said that they need to make a good-faith effort to collect the co-pay from the non-resident, but they do not have to send the matter to a collection agency. Upon questioning, Chief Judge explained the process by which bills are sent out and monies are collected. He would like to change the current procedure so that bills for co-pay balances are no longer sent to Village residents, unless bills are sent to residents with a zero balance due.

 

Mr. Kazmark suggested that he, Mr. Rogers and Chief Judge have a meeting with the billing company to decide what the Best Practice would be.

 

Chief Judge said that he also has the ability to set up a hardship waiver program, for residents who cannot afford to pay the co-pay. He said that there are plenty of ambulance calls they go out on, which are not billable (no medical necessity for an ambulance). If a person stubs their toe and goes to the hospital in an ambulance, insurance will not pay for those charges, and the Emergency Medical Services (EMS) Department cannot bill for their service and transportation in that instance.

 

In his request to amend Ordinance #3617, Chief Judge asked how the Village Councilmembers wanted to handle outstanding balances. Mr. Kazmark recommended that the ordinance first be revised to deal with the increased fees, so that EMS can remain competitive with local hospitals. Once a contract is awarded to a billing company, then the ordinance can be revisited to address the collections issue.

 

Mayor Vagianos thanked Chief Judge for reviewing the EMS fee structure and commended him for only increasing the fees at the “bottom” of the range (the range between what other hospitals in the area are charging and what Ridgewood EMS is charging). He asked Chief Judge if he did a projection of what the additional revenue to the Village would be with the increased fees. Chief Judge replied that he has not, because he is not sure if he can come up with accurate projections, due to different variables in the billing process. Mr. Kazmark reminded everyone that, from a budgeting standpoint, the Village cannot anticipate more revenue in a specific line item than what was received in the prior year. Mayor Vagianos said that he understood that, and asked Chief Judge to estimate the amount of revenue the increased fees would generate, at some appropriate time in the future.

 

Councilmember Reynolds asked if Chief Judge has any data on how many ambulance calls are made for non-residents. Chief Judge said that he could probably determine how many calls are made for non-residents by doing a search by ZIP code in his system. Councilmember Reynolds recalled receiving a bill for $800.00 for ambulance services for a family member, paying it, and then receiving a check for the entire amount in reimbursement, with an explanation that residents are not charged for these services. Chief Judge remarked that this is the exact situation, which he would like to change. Everyone was in agreement about the fee increases.

 

                        2.         2023 BUDGET TRANSFERS

 

Mr. Kazmark reported that this item pertains to the first round of contemplated 2023 budget transfers. The total transfers from the Current Fund amount to $139,000.00. The total transfers from the Water Utility Fund amount to $169,112.00, and the total transfers from the Parking Utility Fund amount to $13,890.00. He said that the transfer process can begin after November 1, 2023, to ensure that the Village can meet its obligations for the rest of the year.

 

                        3.         AUTHORIZE SETTLEMENT AGREEMENT – NOTICE OF                                                           VIOLATION FOR UNDERGROUND STORAGE TANKS

 

Mr. Kazmark indicated that this item pertains to the authorization of a proposed Settlement Agreement, regarding a Notice of Violation received by Fleet Services from the NJDEP, after an inspection on February 28, 2023. This violation had to do with the Central Garage underground fuel storage tanks. The first NJDEP notice proposed a fine of $15,000.00, but the NJDEP agreed to a reduced fine of $7,500.00 after negotiations with the Engineering Department. It is recommended that this Settlement Agreement be executed and authorization be given for this reduced fine to be paid.

 

Councilmember Weitz asked if this matter has been remediated, so that the Village does not incur any additional fines in the future. Mr. Kazmark replied that the Village is looking to make a major capital investment in repairing the underground storage tanks “from stem to stern.”

                        4.         AWARD CONTRACT – HEATING UNIT FOR EMS FACILITY –

                                    33 DOUGLAS PLACE

 

Mr. Kazmark explained that this item pertains to the awarding of a contract to purchase a heating unit for the Emergency Services Division, located at 33 Douglas Place. Three quotes were received to replace the heating plant. It is recommended that this contract be awarded to the lowest bidder, Wallington Plumbing and Heating Supply of Saddle Brook, New Jersey, in an amount not to exceed $29,094.44.

 

Councilmember Reynolds remarked that the estimate from Wallington Plumbing and Heating Supply was very brief, when compared to the other estimates received from Johnstone Supply – Mahwah and Universal Supply Group. She just wanted to ensure that the Traffic and Signal Division was comparing “apples to apples.” Mr. Rutishauser that the quotes are for the purchase of the heating unit, and the Traffic and Signal Division will perform the installation of the unit. Rich Tarlton, Supervisor of the Signal Division, was satisfied with his recommendation, and Mr. Rutishauser concurred. 

 

Councilmember Reynolds said that she just wanted to make sure that all of the other items listed on the other estimates, such as drip pans and exchangers, were going to also be supplied by Wallington Plumbing and Heating Supply, if they were needed. Mr. Rutishauser said that the heating units are selected by how many BTUs or how much heat the units will produce. He said that perhaps one vendor wanted to tout their specialties, whereas Wallington just gave the basic quote. Councilmember Reynolds said that all of the estimates show that the unit will be a Reznor Model RPB-350, but the other estimates show a lot more information regarding ancillary equipment, and she wanted to avoid the necessity of the Village having to purchase this ancillary equipment in the future. Mr. Rutishauser replied that all three, are not the exact same units. He said that Wallington Plumbing and Heating will supply a basic heating unit.

 

Deputy Mayor Perron said that she has heard that heating pumps are better for the environment. She asked Mr. Rutishauser if that was something that could be considered. Mr. Rutishauser said that consideration could be given to heating pumps, but that they are more expensive to run, since they are run by electricity. The heating unit is run by natural gas, which is the least expensive way to operate a heating unit.

 

                        5.         AWARD CONTRACT – UPGRADES FOR DESKTOP

                                    COMPUTERS, MONITORS AND WEBCAMS

 

Mr. Kazmark stated that this item pertains to the awarding of a contract for the purchase of upgraded desktop computers, monitors and webcams for the Village of Ridgewood. Dylan Hansen, I.T. Director, has recommended that this contract be awarded to Dell 01396 of Round Rock, Texas, in an amount not to exceed $65,695.90.

Councilmember Weitz asked how old the computers are that are being replaced. Mr. Hansen replied that some of the computers will be for new employees, but some computers that are seven years old or older will be replaced as well. Councilmember Weitz said that this was a lot of money and asked Mr. Hansen if there were a least expensive alternative. Mr. Hansen said that the sum of $65,695.90 includes the operating systems, memory, hard drives, webcams and software. He said that inflation has caused prices to rise dramatically.

 

Mr. Kazmark remarked that Mr. Hansen is very thoughtful about making requests for hardware and software upgrades for individual employees. He mentioned that during one of his first days in his role as Village Manager, many employees were looking for dual monitors. However, he said that unless there’s a true need for them to have dual monitors, based upon their position, these requests have usually been denied. Mr. Kazmark added that Mr. Hansen is very frugal about requesting any replacement equipment, and said that “when it’s needed, it’s needed.”

 

Mayor Vagianos asked if the funds to purchase this equipment were in the budget, and Mr. Hansen replied in the affirmative.

 

            B.        POLICY

 

                        1.         MANNER OF ADDRESSING GOVERNING BODY AND

                                    DECORUM

 

Mr. Kazmark pointed out that there is a memorandum that he prepared, dated October 5, 2023, which contains attachments of ordinances, by-laws and/or regulations from other municipalities in New Jersey, which address the manner in which a governing body may be addressed and decorum expected during meetings. There are regulations from six municipalities, which he reviewed, including Cherry Hill, Montvale, Washington (Gloucester County), Edison, Howell, and Red Bank.

 

Mayor Vagianos said that there have been many discussions regarding decorum during Village Council meetings and the manner of addressing the Village Councilmembers. He said that the Village’s recently revised ordinance dealing with these matters goes as far as legally permissible. As it now reads, Mayor Vagianos said that no person shall make any disruptive, accusatory or threatening remarks, and comments from the public shall not be personally offensive, abusive or threatening.

 

Councilmember Reynolds felt that the wording in the current ordinance is fine for members of the public who speak before the Village Council. It was her understanding that this ordinance is being revisited, due to disruptive incidents that occurred at recent meetings, which had nothing to do with a resident making public comments.

 

Councilmember Weitz said that his overarching concern is about setting a “low bar” in the future, which would exclude members of the public from making comments at Village Council meetings. He said that this is the last thing he wants to do and that a “high bar” should be set, where members of the public feel comfortable enough to speak freely at meetings. Councilmember Weitz said he believed there was an “inherent power of the Chair” to control the room during a meeting, in terms of maintaining order. He said that he has no problem adding language to the ordinance, which codifies this.

 

Mr. Rogers said that the ordinance currently sets forth that the Mayor presides over Village Council meetings. He said that he reviewed the ordinances from other municipalities, provided by Mr. Kazmark, and he feels that the Village’s ordinance is consistent with these other ordinances. However, disturbing or threatening behavior from a member of the audience during a Village Council meeting is not specifically addressed. Mr. Rogers said that a person’s right to speak at the podium is not governed by the First Amendment, but is rather governed by the Open Public Meetings Act (OPMA). The Village Council has to be able to conduct its business in an orderly and efficient manner, and disturbing, threatening, offensive or aggressive language or behavior cannot be tolerated. This rule applies to Village Councilmembers, speakers and members of the audience. He recalled an incident where a town had to ban remote access, because someone hacked into the remote meeting and made profane and threatening comments about people. However, an overriding principle of OPMA is that a meeting of the governing body must be conducted with access to the public. Mr. Rogers said that the ordinance could be expanded to include everyone in attendance at a Village Council meeting and remote participants.

 

Councilmember Weitz said it was his understanding that Mayor Vagianos would have the authority to expel someone in the audience from a meeting who was being disruptive or boisterous. Mr. Rogers said that this action could be justified, depending upon the facts, but it would be good to have it codified in an ordinance. Councilmember Weitz said that his only concern is that the definition of “disruptive” is very subjective and varies from individual to individual. He cited examples of residents showing up at meetings with signs and personalized T-shirts. He stated that while he does not like when this happens, the public has a right to do so. He reiterated that he would like to see a “high bar” set, which encourages people to speak at public meetings, yet gives the governing body the authority to take action against someone, in order to ensure that municipal business can be conducted.

 

Mr. Rogers said that this issue has been dealt with in the courts and stated that the meaning of “disruptive” is a subjective test. The disruption or threat must be “reasonably perceived,” certain thresholds must be met, and courts have based their opinions upon this.

 

Mayor Vagianos felt that there was a consensus that everyone is in favor of expanding the reaches of the ordinance to include the manner in which everyone must conduct themselves during a Village Council meeting, whether on the dais, in the audience, or at the podium. Mayor Vagianos stated that if a person is disruptive or personally offensive during a meeting, and they continue in this manner after admonishment, that person can be expelled from that meeting but cannot be barred from future meetings.

 

Mr. Rogers agreed with Mayor Vagianos. He recalled a case where the Morristown Library tried unsuccessfully to ban an odorous, homeless man from entering the library and accosting patrons, since it was deemed to be unconstitutional to ban a person from a public place. He said that the Village Council banning a person forever or for a period of time is a significant step that he has never seen occur. If a member of the public continues disruptive behavior after being warned by the governing body, then the governing body has a right to ban that person from the meeting for the rest of the night. If the person agrees to discontinue the inappropriate behavior, then the Village Councilmembers have the option to let the person remain at the meeting. Even in cases of egregious behavior, such as fights occurring during a meeting, where there are injuries and the participants are charged with a crime, Mr. Rogers said that the people engaged in the fight cannot be barred from attending future meetings. However, when a judge was hearing the case (if charges were brought against one of the participants), the judge may ban that person or persons from ever attending a meeting again. Mr. Rogers said that the Village could go to court to get an injunction against such a person or persons, to prevent them from ever attending another Village Council meeting.

 

Mr. Kazmark recalled an incident that occurred in Passaic, where the President of the School Board remove somebody from a meeting. However, that person actually turned around and sued the district, and the matter was eventually settled. If the actions of the Village Councilmembers are deemed to be unreasonable, then the Village could be exposed to a lawsuit by a member of the public.

 

Mayor Vagianos said that it was clear what the limits of the Village Council are, and he felt that everyone was in agreement that the ordinance should be expanded to apply to all persons present at Village Council meetings, including those present via hybrid access. Mr. Kazmark asked the Village Councilmembers if they wanted this ordinance to only apply to Village Council meetings, or to expand it to apply to all meetings that fall under OPMA, such as the Planning Board and Zoning Board of Adjustment. Mayor Vagianos asked if the ordinance should apply to committee meetings as well. Mr. Rogers said that it would be a good idea to have the ordinance apply to all meetings subject to the regulations of OPMA. Mayor Vagianos asked Mr. Rogers if he would prepare a sample ordinance, so that it can be reviewed by the Village Councilmembers, and Mr. Rogers said that he would do so.

 

                     2.         LOCATION OF CHRISTMAS TREE IN CENTRAL BUSINESS

                                    DISTRICT

Mr. Kazmark said that the issue of the location of the Christmas tree, in the Central Business District, was brought up by a resident, and it was discussed at the last Village Council meeting. He asked Mr. Rutishauser to do some preliminary investigation regarding what utilities are near the intersection of Broad Street and East Ridgewood Avenue (where the Christmas tree is usually located), and whether the location was sufficient for a live tree to be planted there.

 

Mr. Rutishauser said that he looked at the utilities that he would be responsible for, which is the sanitary sewer system, and there is a 10-inch trunk main in that general area. He said that he would be very leery of planting a tree in that location. The pipe is most likely a retrofitted Vitrified Clay Pipe (VCP), which usually come in four-foot sections. The joints are usually loose and old, and he would worry very much if tree roots got into it and clogged it up. In addition, this area has underground electric wiring, so if the Village Council wanted to pursue this endeavor, he suggested that a utility mark-out be performed to see exactly what is located underground. Mr. Rutishauser added that there are also underground telecommunication conduits, natural gas piping, and water utility mains.

 

Councilmember Reynolds said that she personally feels that the intersection of Broad Street and East Ridgewood Avenue is not a good location to plant a live tree, because the area is small and it will eventually block out the nearby storefronts, as it grows. She was thinking of another grassy area located to the right of The Hole (east side train station parking lot). However, Councilmember Reynolds conceded that one traveling west on East Ridgewood Avenue would not be able to see the tree until they reached Broad Street, and she actually doesn’t think this is a great area, either, for that reason. She asked if Mr. Rutishauser knew if the utilities he mentioned also run underneath this grassy area as well, and Mr. Rutishauser said that he didn’t know offhand. He would have to check the maps in his office.

 

Councilmember Reynolds said that she has heard comments that each tree that is cut down for the Christmas tree was already going to be taken down by the homeowner anyway. On the other hand, she has also heard stories where people have been pressured to donate a tree on their property to the Village. She said that she wanted confirmation that every Christmas tree in the Village that is cut down was slated for removal anyway.

 

Mayor Vagianos said that he has been involved with the Christmas tree at East Ridgewood Avenue and Broad Street for 15 years, since about 2008, and stories about someone being pressured to donate their tree are false. He reiterated that every tree that has been used since 2008 had already been slated for removal by the property owner. A letter is sent out every year asking residents if they would like to donate a tree to the Village for Christmas. Mayor Vagianos said that many people approach him and tell him that they have a tree they want to donate for Christmas. He said that Downes Tree Service donates tree services to several towns for this purpose, and they are always on the lookout for a tree that will “fit” each town’s needs. If a customer asks them to take down a large tree for a certain price, and Downes Tree Service feels that the tree would make a great Christmas tree for Ridgewood, then they will offer to take the tree down in November, at a drastically reduced cost, or for free.

 

Mayor Vagianos added that Downes Tree Service did not ask for a sign to be placed by the tree, even though they donated their services to chop down, haul and erect the tree. Mayor Vagianos said that he was so moved by their generosity that he commissioned the sign himself. He said that he agreed with Councilmember Reynolds that either location she suggested would eventually become too small for an evergreen tree. The Village would also be responsible to trim the live tree every year.

 

Councilmember Winograd said that she was surprised to see this item on the agenda this evening, without any backup. She said that she was shocked to learn how many utilities were contained underground in that small section. She stated that the intersection of Broad Street and East Ridgewood Avenue is the wrong area to plant a live tree. However, she said that this location is ideal for everyone, since the tree can be viewed from both the west and east sides of the Village. She said that this area is “steeped in tradition,” and she would be very concerned about disrupting that tradition, by placing the tree in another location. She recalled that a tree on her property was once the number one choice to be the Christmas tree one year in the Village, but then another tree was found, which had easier access. Councilmember Winograd thanked Mr. Rutishauser for doing research on the utilities in the area, and all of the people in the Village who make the holiday season so spectacular.

 

Deputy Mayor Perron said that she has had questions about the Christmas tree for years, feeling chagrined every time she knew a live tree had been cut down. However, she felt “relieved” after hearing Councilmember Winograd’s comments.

 

Mayor Vagianos asked the Village Councilmembers how they would like to proceed in this regard. Deputy Mayor Perron stated that the Village should do what it has always done. All Village Councilmembers unanimously agreed with Deputy Mayor Perron, to continue to provide a tree that was cut down, to be placed at East Ridgewood Avenue and Broad Street.

 

                        3.         RIDGEWOOD BUS STATION

 

Mr. Kazmark said that this item pertains to the Van Neste Square Bus Station. Ms. Mailander compiled a history of email correspondence regarding the bus station, including photographs. He asked Mr. Rutishauser to explain some of the structural and aesthetic concerns, which exist at that location.

 

Mr. Rutishauser explained that Margaret Hickey, of Connolly & Hickey, Historical Architects, looked at the bus shelter and she prepared a memorandum regarding the bus station. The bus shelter dates back to the early 1960s. The wood on the building needs restoration and repainting, and some of the masonry is crumbling. The bus station is currently locked closed. A number of years ago, some problems developed with people using the bus station (urination, defecation, and vagrancy at all hours of the night). However, a locked bus station does not afford people who are legitimately waiting for a bus, any protection from the elements. A few years ago, Mr. Rutishauser appeared before the Village Council and suggested the construction of a typical New Jersey Transit (NJT) bus shelter (with a roof and two sides), which would offer some protection from the elements but would not encourage people to sleep there overnight. This suggestion “never went anywhere.” At the present time, Mr. Rutishauser indicated that he could reopen those discussions with NJT, to see what they would provide to the Village.

 

Councilmember Weitz said that he would be interested in seeing what type of structure could potentially replace the existing structure. Mr. Kazmark said that the structure would be basic, a three-sided glass shelter, with black pillars and domed white roof. There are more decorative versions of such a structure.

 

Councilmember Winograd said that she would like to see the memorandum composed by Ms. Hickey, since it was not included in the packet this evening. Mr. Kazmark said that he would furnish the memo to the Village Councilmembers. Councilmember Winograd stated that she frequently walks by the bus station and finds that it is an “eyesore” in its deteriorated condition. She spoke with Lynn Brady, a Class A member of the Historic Preservation Commission (HPC). Councilmember Winograd was told that the existing structure at the bus station was designed by Robert Gilchrist in the 1960s, and it won an award from the New Jersey American Institute of Architects. The bus station structure is not deemed to be historic; however, it has a nice historic story. John Gilchrist, Robert Gilchrist’s son, prepared plans in 2019 for the restoration of the bus station structure. The bulk of the cost for the restoration was the cost for the windows. John Gilchrist had recommended keeping the existing structure, but making it more of a shelter rather than an enclosed structure.

 

When asked by Councilmember Weitz to relate a bit of Ms. Brady’s background, Councilmember Winograd stated that Ms. Brady helped to design the Gold Star Families Memorial, which will be installed in Memorial Park at Van Neste Square next year. Mayor Vagianos stated that Ms. Brady is an architect of some renown, who has designed a number of beautiful buildings “in an older style” for the City of New York. Councilmember Winograd added that Ms. Brady personally knows John Gilchrist.

 

Councilmember Winograd said that everyone could probably agree that the structure at the bus station needs some “love and attention.” She feels that the basic structure designed by NJT is not suitable for Ridgewood and that the Village Council should move forward with pricing out the restoration of the structure by John Gilchrist. She would like to see two estimates, one with windows and one without windows.

 

Mr. Kazmark said that the “ask” this evening is whether or not the Village Councilmembers want to see estimates to rehabilitate the bus station structure, into more of a shelter than a fully enclosed structure, which encourages vagrancy. In his discussions with the NJDOT, he learned that the Village has some transportation funding available, from when the Village was operating the Park and Ride on Route 17. However, the Village is very limited in how those funds can be spent, and Mr. Kazmark said that any expenditures would require approval by the NJDOT. He would like permission from the Village Council to enter into discussions with the NJDOT, to see if they would give permission to the Village to use some of that transportation funding towards rehabilitation of the bus shelter. If the NJDOT agreed to do so, then the burden of allocating funds for this project could be a reduction to the Village’s Capital Budget investment for 2024. Deputy Mayor Perron thought that this was a good idea.

 

Councilmember Weitz was in favor of Mr. Kazmark discussing this matter with the NJDOT, but he wanted to ensure that whatever renovations were made to the bus station structure would make it functional. He would like to ensure that the aesthetics remain intact, and that the building does not become an area for vagrants again.

 

Mr. Kazmark said that he feels discussions with the Police Department are also necessary, from a lighting standpoint and security camera standpoint. Technology has advanced since the building was first built, and motion sensor lighting could also be considered for the building for enhanced security.

 

Mayor Vagianos felt that this was an excellent suggestion made by Mr. Kazmark. He said that the bus station structure has beautiful lines and fits wonderfully within the CBD, although it is severely deteriorated. He agreed that the building should be designed so that it is “not a problem” in the future. He was in favor of pursuing talks with the NJDOT, to see if transportation funds could be used for this project, and everyone agreed. Councilmember Winograd remarked that the existing structure is a bit bland and she would like to see more color in the structure when it is rehabilitated.

 

Mr. Rutishauser said that one of the problems at the bus station currently is that it attracts “overnighters.” One way to minimize these occurrences is to take off the doors and have the structure open on one side. Mr. Kazmark agreed with Mr. Rutishauser’s recommendation. Councilmember Winograd agreed, and stated that “age-friendly” benches should be installed as well. The current benches are crumbling. Deputy Mayor Perron also agreed, but stated that there should also be bathroom facilities at the bus station. In most civilized societies, bathrooms are provided for visitors, such as in London, Japan, and Paris. However, if bathroom facilities were installed, someone would have to “man” them, or they could be kept locked and people could pay a small charge to use the facilities. She agreed that having the structure open on one side is the most expedient way to discourage vagrancy.

 

There was further discussion about the design of the bus station structure. Mr. Kazmark indicated that several designs and cost estimates would be developed, one where the structure would have glass on all three sides and one where the three walls were solid. Mayor Vagianos said that having solid walls, which one cannot see through, will encourage vagrancy. However, using glass on all three sides is expensive. Mr. Kazmark said that this is the very reason why discussions need to take place with the Police Department, since it will be the police officers who will need to patrol this area.

 

            C.        OPERATIONS

 

                        1.         ACCEPT DONATION OF VEHICLE – OFFICE OF EMERGENCY

                                    MANAGEMENT

 

Mr. Kazmark explained that this item pertains to the acceptance of a donation of a vehicle for the Office of Emergency Management (OEM) from Bergen County. This vehicle is a 1999 Freightliner truck, which will be utilized as a Mass Casualty Incident (MCI) vehicle. This truck will replace the current Special Operations MCI Trailer. A resolution is required to accept this donation.

 

Councilmember Weitz asked if the Village really needed a 24-year-old truck. Mr. Rutishauser replied that this vehicle will not get a lot of mileage on it, and will be used primarily as a storage unit. It has roll-up doors and is free. The truck would be stored at 33 Douglas Place.

 

Councilmember Reynolds asked how much it would cost each year for the Village to insure this vehicle. Mr. Kazmark said that insuring this truck would not have much effect on the insurance premiums, since the Village has such as extensive fleet.

 

7.         COMMENTS FROM THE PUBLIC

 

Mayor Vagianos asked if there were any further comments from the public.

 

Rurik Halaby, 1 Franklin Avenue, complimented Councilmember Reynolds for her wonderful summation of the CSAC meeting. He attended the meeting, which he stated was rather heated, but he felt that Councilmember Reynolds did a great job of summarizing the key points. He also gave kudos to Deputy Mayor Perron for raising the question about the need for restrooms at the bus station. Mr. Halaby felt that restrooms were indeed needed at the bus station, since every civilized and advanced economy has restrooms available to the public.

 

Mr. Halaby said that he believed Mr. Rutishauser stated that the proposed generator at Village Hall would be powered by diesel fuel, instead of natural gas. Mr. Halaby said that while it may be cheaper to purchase a diesel generator, the cost in the long run will be much worse environmentally. He urged Deputy Mayor Perron to look into this matter, since he was aware that she is a big environmental supporter. He said that people are moving away from diesel fuel and moving towards natural gas.

 

Regarding the Schedler property, Mr. Halaby said that over the last six to seven months, a multitude of people came out to speak before the Village Council about the matter. He said that members of the Historic Preservation Commission (HPC) and Shade Tree Commission (STC) should have come to speak before the Village Council as well, during that time. He said that it was ridiculous for these members to expect a gilded invitation from the Village Council for them to speak at a meeting. Mr. Halaby asked where these members were when the prior Village Council was discussing the Schedler property. He said that he would have liked to hear the opinions of the STC about the trees that were planted on the berm, which he said were entirely unsuitable.

 

Regarding decorum in the courtroom, Mr. Halaby said that the Village Councilmembers should do everything they can to encourage residents to make public comments. He said that the Village Councilmembers should not make a “mountain out of a molehill,” because the problems during meetings have not been that bad.

 

Boyd A. Loving, 342 South Irving Street, said that there was a question this evening about where the truck being donated to EMS would be stored. He did not believe that an answer was given to that question.

 

Mr. Kazmark stated that Mr. Rutishauser had indicated that the truck would be stored at EMS headquarters, at 33 Douglas Place.

 

Mr. Loving said that he supports Deputy Mayor Perron’s comment that the Village’s 5G telecommunications consultant needs to be consulted about the cell phone antennae, which are proposed to be placed on top of Village Hall. He has a friend in that business and Mr. Loving stated that there are many different options. While he understands the Village’s desire to capitalize on revenue, Mr. Loving indicated that there might be a better location owned by the Village where the antennae can be installed. He recalled the recent emergency appropriation made to make repairs on the third floor ceiling of Village Hall. Mr. Loving said that now the Village Councilmembers are talking about adding more weight to the roof and antennae on the outside façade of Village Hall.  He urged the Village Councilmembers to contact their consultant, to learn about other options that may be available.

 

There were no further public comments.

Deputy Mayor Perron said that the Village Councilmembers do not ask Village committees to make statements or not make statements. She pointed out that a representative from Green Ridgewood spoke before the Village Council, with regard to artificial turf.

 

Mr. Rogers said that he attended an STC meeting and he told everyone that they were free to come to a Village Council meeting, at any time to make comments. However, unless a consensus is reached by a committee on a particular point, one member of a committee stating their opinions, cannot speak for the entire committee.

 

8.         ADJOURNMENT

 

There being no further business to come before the Village Council, on a motion by Deputy Mayor Perron, seconded by Councilmember Reynolds, and carried unanimously by voice vote, the Village Council’s Regular Public Work Session was adjourned at 10:25 p.m.

 

 

 

 

 

                                                ____________________________________

                                                                                                Paul Vagianos

                                                                                                        Mayor

 

 

 

 

 

 

____________________________________

                     Heather A. Mailander

                           Village Clerk