Lawsuit
filed over installing fire sirens in Englewood Cliffs
Thursday January
10, 2013, 11:00 AM
STAFF WRITER
ENGLEWOOD CLIFFS - After
the borough council voted to lift the stop-work order on the replacement of
fire sirens in the borough, Gerard Misk, a vocal opponent of the replacement,
retaliated by filing a lawsuit against the installation, saying it violates the
state's Noise Control Law and that the process to replace them was
"tainted."
The
re-installment locations are between Bayview Avenue and 9W and between Johnson
Avenue and Sanford Drive.
Misk,
who lives near the siren on Johnson Avenue, filed the suit Dec. 24, which
claims the "tainted bid process" invalidates the borough's contract
with Tactical Communications of Connecticut, which allegedly failed to provide
necessary documents with its bid. The suit also said the borough improperly
paid Tactical the full amount of $63,861, even though 15 percent, or about
$10,000, should have been withheld until the sirens were installed and tested.
The
suit also claims the new sirens on Johnson Avenue and Bayview Avenue would
violate the state's Noise Control Act because they're within 250 feet of a
playground and school. The old sirens, installed at least 40 years ago, were
grandfathered in.
The
borough hired fire siren expert Larry Robertson of Teaneck to advise the
borough on the best locations for the sirens. He recommended the sirens stay
where they are and said any other locations would shortchange the borough.
Misk's lawsuit claims Robertson was never told he could consider rights-of-way
along the road as potential sites.
Several
other residents have come forward questioning the need for the sirens, saying
they favored better technology and the fire department carries pagers, but Fire
Chief George Drimones said they aren't as reliable as the sirens.
Many
other residents approve of the decision to reinstall them and noted that
residents weren't completely informed during recent Hurricane Sandy and
could've used the sirens in that instance.
"We
are replacing a system where it was that will also have a voice capability...we
have gone four months without a full signal and we are suffering,"
resident Steven Rubinsky said.
In
addition to alerting the department to a fire emergency, the new sirens would
have a public address system that could broadcast messages in emergencies.
During
the Dec. 12 meeting when the stop-work order was lifted Mayor Joseph Parisi
said the sirens would improve the quality of life in the borough, especially
during storms that might mirror Hurricane Sandy.
"We
need to move forward and we could have used the siren during the storm,"
Parisi said. "In addition to that, we have a volunteer fire department
that makes less than 400 calls a year and it will not be going off
constantly."
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