Village Council Meeting

A SPECIAL PUBLIC MEETING 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 DECEMBER 6, 2023 AT 7: 30 P. M. 1. CALL TO ORDER — OPEN PUBLIC MEETINGS ACT —ROLL CALL — FLAG SALUTE Mayor Vagianos called the Special Public Meeting to order at 8: 31 p.m. and read the Statement of Compliance with the Open Public Meetings Act. At roll call, the following were present: Councilmembers Perron, Reynolds, Weitz, Winograd, and Mayor Vagianos. Also present were Heather Mailander, Village Clerk; Keith Kazmark, Village Manager; and Matthew Rogers, Village Attorney. 2. RESOLUTIONS Ms. Mailander stated that the following resolutions, numbered 23- 387 through 23- 389, will be adopted by a Consent Agenda and will be read by title only: 1 Village Council Special Public Meeting December 6, 2023  Res. No. 23- 387 RESOLUTION NO. 23- 387 WHEREAS, The New Jersey Department of Community Affairs' ( DCA) Division of Local Government Services ( DLGS) is administering the FY2024 American Rescue Plan Firefighter Grant Program; and WHEREAS, this grant program will help local and regional fire departments in New Jersey provide first responders with proper protective and cleaning equipment; and WHEREAS, a recommended maximum award of$ 75, 000. 00 shall govern to be utilized for firefighting turnout gear, firefighting hoods and sanitizing equipment for firefighting gear; and WHEREAS, the Village Council of the Village of Ridgewood agrees to provide at least a 5% cash match. NOW, THEREFORE, BE IT RESOLVED, by the Village Council of the Village of Ridgewood that the Ridgewood Fire Department is hereby authorized to will apply for the American Rescue Plan Firefighter Grant through the NJ Department of Community Affairs. I hereby certify that this resolution, consisting of_ 1_ page( s), was adopted at a meeting of the Village Council of the Village of Ridgewood, held this_ 6`11_ day of_ December_, 2023. Moved Second Ayes Nays Absent Abstain 1 Perron X Paul Vagianos Reynolds X X Mayor X Weitz X l 7 rt • . Winograd Xt Heather A. Mailander X Village Clerk Va ianos Village Council Special Public Meeting- December 6, 2023 - R1  Res. No. 23- 388 RESOLUTION NO. 23- 388 WHEREAS, the Village of Ridgewood Water Department( hereinafter" Ridgewood Water") owns and operates a public regional water system that provides potable water to the Village of Ridgewood, Boroughs of Glen Rock and Midland Park and the Township of Wyckoff. The Village Council of the Village of Ridgewood is the governing authority for the Ridgewood Water Utility and is empowered to initiate litigation and settle any litigation on the behalf of the Water Utility; and WHEREAS, in 2019, Ridgewood Water filed a law suit against various Defendants related to the recovery for costs and expenses incurred and to be incurred and damages for the treatment and cleanup of contamination of its water supply from the Defendants which manufactured and distributed per- and polyfluoroalkyl substances ( hereinafter" PFAS litigation") The PFAS litigation was initially filed in the Superior Court of the State of New Jersey, Bergen County, and was subsequently removed to the Federal Court, eventually transferred to a Multi- District Litigation in Federal Court, South Carolina. This litigation is collectively known as IN RE: Aqueous Film- Forming FOAM PRODUCTS LIABILITY LITIGATION with a Master Docket No. 2: 18- mn- 2873- RMG and a Civil Action No. 2: 23- ev- 03147- RMG; and WHEREAS, the presiding Judge in the Multi-District Litigation has approved a Settlement offer proposed by one of the Defendants, 3M Company, in which Ridgewood Water is named as Phase One Class Member, as an active Public Water System serving water from at least one Impacted Water Source in its system as defined in the 3M Settlement proposal. Ridgewood Water is also listed on Exhibit E of the 3M Settlement Agreement as an Eligible Claimant and Settlement Class Member; and I hereby certify that this resolution, consisting of_ 2_ page( s), was adopted at a meeting of the Village Council of the Village of Ridgewood, held this_ 6th day of_ December , 2023. Moved Second Ayes Nays Absent Abstain Perron X C-4 Paul Vagianos Reynolds X X Mayor Weitz X X X ff"d 1/ 1 o)%a i Winograd Heather A. Mailander Va ianos X 771 Village Clerk Village Council Special Public Meeting - December 6, 2023 - R2  Res. No.— 23- 388— Page No.- 2— WHEREAS, as such, Ridgewood Water is entitled or has standing to accept the Settlement offer made by 3M Company or file a Request for Exclusion to the 3M Settlement Agreement. The Settlement Agreement included a monetary offer to be shared with all the hundreds of Plaintiffs which are included as Eligible Claimants, such as Ridgewood Water, in the multi- district litigation and a Release of 3M for any future claims that could ever be made for chemicals manufactured by 3M which are now known and not regulated in water system and those that are not known and may in the future be found to cause injury or illness to human users of the Ridgewood Water System; and WHEREAS, the Settlement Agreement provided the qualifying Plaintiffs a definite period of time to decide to accept the Settlement Agreement and its terms proposed or seek exclusion from the Settlement. During the prescribed time period, the Ridgewood Village Council and Ridgewood Water extensively vetted and considered the advantages and disadvantages of either accepting or rejecting the Settlement Agreement. As part of the vetting process, the Mayor, Village Manager, Litigation Counsel, Village Attorney and Director of Ridgewood Water met with the governing bodies of Glen Rock, Midland Park and Wyckoff and discussed the terms of the 3M Settlement Agreement and the reasons for either accepting or rejecting same. The respective governing bodies were in agreement of how to proceed; and WHEREAS, as a result of the thoroughness of the review of the terms of the proposed Settlement Agreement as discussed above, the Village Council decided to request" exclusion'' from the Settlement Agreement, to reject it and maintain any and all rights and/ or claims it has against 3M going forward to trial. The Village Council advised the governing bodies of the three municipalities noted above of its decision to reject the Settlement Agreement and authorized the Director of Ridgewood Water, Richard Calbi, Mayor Paul Vagianos and the Village Clerk, Heather Mailander, to execute the necessary documents to advise the appropriate Court of this decision. NOW THEREFORE, BE IT RESOLVED, by the Village Council of the Village of Ridgewood, County of Bergen, State of New Jersey, that the Mayor, Village Clerk and Director of Ridgewood Water are hereby authorized to execute the proper documents to notify the Court in this subject litigation of Ridgewood Water' s Request for Exclusion from the 3M Public Water System Settlement Agreement. Village Council Special Public Meeting - December 6, 2023 - R3  Res. No. 23- 389 RESOLUTION NO. 23- 389 WHEREAS, the Village of Ridgewood Water Department( hereinafter" Ridgewood Water") owns and operates a public regional water system that provides potable water to the Village of Ridgewood, Boroughs of Glen Rock and Midland Park and the Township of Wyckoff. The Village Council of the Village of Ridgewood is the governing authority for the Ridgewood Water Utility and is empowered to initiate litigation and settle any litigation on the behalf of the Water Utility; and WHEREAS, in 2019, Ridgewood Water filed a law suit against various Defendants related to the recovery for costs and expenses incurred and to be incurred and damages for the treatment and cleanup of contamination of its water supply from the Defendants which manufactured and distributed per- and polyfluoroalkyl substances ( hereinafter" PFAS litigation") The PEAS litigation was initially filed in the Superior Court of the State of New Jersey, Bergen County, and was subsequently removed to the Federal Court, eventually transferred to a Multi-District Litigation in Federal Court, South Carolina. This litigation is collectively known as IN RE: Aqueous Film- Forming FOAM PRODUCTS LIABILITY LITIGATION with a Master Docket No. 2: 18- mn- 2873- RMG and a Civil Action No. 2: 23- ev- 03230- RMG; and WHEREAS, the presiding Judge in the Multi- District Litigation has approved a Settlement offer proposed by one of the Defendants, E.I. DuPont De Nemours and Company( n/ k/a EIDP, Inc.) hereinafter" DuPont") in which Ridgewood Water is named as Phase One Class Member as an active Public Water System that draws or otherwise collects water from a water source found to contain PFAS as defined in the DuPont Settlement proposal; and I hereby certify that this resolution, consisting of_ 2_ was adopted at a meeting of the page( s), Village Council of the Village of Ridgewood, held this_ 6th day of December—,2023. Moved Second Ayes Nays Absent Abstain ti Perron X Paul Vagianos Reynolds x x Mayor x x Weitz lj ' Winograd Heather A. Mailander x Village Clerk Va ianos Village Council Special Public Meeting - December 6, 2023 - R4  Res. No.- 23- 389 Page No.- 2— WHEREAS, as such, Ridgewood Water is entitled or has standing, to accept the Settlement offer made by DuPont or file a Request for Exclusion to the DuPont Settlement Agreement. The Settlement Agreement included a monetary offer to be shared with all the hundreds of Plaintiffs which are included as Eligible Claimants such as Ridgewood Water in the multi- district litigation and a Release of DuPont for any future claims that could ever be made for chemicals manufactured by DuPont which are now known and not regulated in water system and those that are not known and may in the future be found to cause injury or illness to human users of the Ridgewood Water System; and WHEREAS, the Settlement Agreement provided the qualifying Plaintiffs a definite period of time to decide to accept the Settlement Agreement and its terms proposed or seek exclusion from the Settlement. During the prescribed time period, the Ridgewood Village Council and Ridgewood Water extensively vetted and considered the advantages and disadvantages of either accepting or rejecting the Settlement Agreement. As part of the vetting process, the Mayor, Village Manager, Litigation Counsel, Village Attorney and Director of Ridgewood Water met with the governing bodies of Glen Rock, Midland Park and Wyckoff and discussed the terms of the DuPont Settlement Agreement and the reasons for either accepting or rejecting same. The respective governing bodies were in agreement of how to proceed; and WHEREAS, as a result of the thoroughness of the review of the terms of the proposed Settlement Agreement as discussed above, the Village Council decided to request" exclusion" from the Settlement Agreement, to reject it and maintain any and all rights and/ or claims it has against DuPont going forward to trial. The Village Council advised the governing bodies of the three municipalities noted above of its decision to reject the Settlement Agreement and authorized the Director of Ridgewood Water, Richard Calbi, Mayor Paul Vagianos and the Village Clerk, Heather Mailander, to execute the necessary documents to advise the appropriate Court of this decision. NOW THEREFORE, BE IT RESOLVED, by the Village Council of the Village of Ridgewood, County of Bergen, State of New Jersey, that the Mayor, Village Clerk and Director of Ridgewood Water are hereby authorized to execute the proper documents to notify the Court in this subject litigation of Ridgewood Water' s Request for Exclusion from the DuPont Public Water System Settlement Agreement. Village Council Special Public Meeting- December 6, 2023 - R5 3. ADJOURNMENT There being no further business to come before the Village Council, on a motion by Councilmember Winograd, seconded by Councilmember Reynolds, and carried unanimously by voice vote, the Village Council' s Special Public Meeting was adjourned at 8: 34 p.m. and the Public Work Session was reconvened. Paul Vagianos Mayor Heather A. Mailander Village Clerk 2 Village Council Special Public Meeting December 6, 2023