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COUNCIL POISED TO APPOINT NEW ATTORNEYS



PUBLISHED BY TEANECK VOICES

5/21/2023

Contents:


  • Council Poised to Appoint New Attorneys
  • What is the Role of the Municipal Attorney?
  • This Week in Teaneck
  • Affordable Housing Applications Due for 2 Units - by 5/27
  • Municipal Revaluation Meeting - 5/25


Announcements:


  • Earthfest - Overpeck Park - 5/21
  • Community Chorus - Love Train - 5/21
  • Teaneck Creek Reopening - Seed Keeper - 5/22
  • Applying for the Site Plan Review Advisory Board?
  • Teaneck Creek Reopening - Jazz - 5/26
  • Teaneck Creek Reopening - Plants - 5/27
  • Memorial Day Remember & Honor - Municipal Green - 5/29
  • Memorial Day Festival - Cedar Lane 5/29
  • Juneteenth - 6/17 to 19


Contacting Teaneck Voices

Council Poised to Appoint New Attorneys

At its May 23 meeting – Teaneck Council will – after a limited public input session – first consider a resolution to “clear the deck” by dismissing the current attorney and his firm and then vote on resolutions to appoint a new Township attorney firm and then two others firms to handle the specific functions of 1) tax and labor and 2) redevelopment.

 

The Process

Council-watchers knew that the new Council had been working since early January to develop a process to look at how a competitive examination of the professionals that handle our legal and engineering services might best be conducted. By late March an RFP/RFQ process had been selected that divided the legal services into seven possible types and also sought competitive applications for both the Municipal Engineer and the engineer f or the Planning Board. The bidding process opened on March 30 and bids were opened on April 14. A total of 16 firms had applied for one or more of the legal services functions; 5 firms had applied for the engineering assignments. Teaneck Voices developed a chart of who and for what the applicants had applied in its April 18 edition (Click Here)

 

The bids of all these applicants were apparently distributed to each Council member. In marathon sessions on May 8th and 9th Council met in closed session to interview and consider which professionals to appoint for some but not all of the legal services types. The resolutions which appear on the Township agenda for Tuesday evening May 23 do, in all likelihood, represent what a Council majority will support for 5 of the 7 legal services options. Council is apparently not yet ready to make appointments for engineering services.

 

Who are the new legal services providers?

 

Jardim, Meisner & Susser LLC of Florham Park will in all likelihood be named the Town’s Township attorney and charged with overseeing its litigation functions. That firm name may not be well-known in town. But Scott Salmon, the firm partner who will actually be our lead attorney, gained a broad reputation in 2021 for strategic advice and litigative success. He guided the Town advocates who sought to move Council elections from May to November and won the litigation opposed by the prior Council majority to place two referenda on the 2021 ballot. By a 2-1 margin, Teaneck chose to move Council election to November – and a significantly larger portion of the electorate subsequently participated in the 2022 election. All this led to the new Council majority. Salmon thus knows Teaneck. But what more do we know about him?

The RFQ application which Council received in April provides a good look at Salmon and his firm. The firm has a strong record in municipal representation and successful litigation. Unfortunately, this key 11 pages is currently embedded in the middle of the 363-page meeting agenda packet for Tuesday night. So Teaneck Voices has extracted those 16 pages and placed them on its website readily available if you Click: Meet Your New Township Attorney. For those readers who want to review the full Jardim application go to the Council Agenda packet Click Here and to pages 12-39.

 

Council will, in addition, consider two other resolutions. One would appoint Carlin, Ward, Ash and Heiart also of Florham Park as the Town’s redevelopment attorney. Specifically, Attorney Michael Ash would be the lead attorney in this function. For full description of this firm, again go to the Agenda packet Click Here and pages 43-94.

 

The third resolution would appoint the Weiner Group of Piscataway as both labor and tax attorney. This large firm’s Managing Partner Mark A. Tabakin would serve as the labor attorney; Joseph Ranieri would serve at the Township Tax Attorney. Again the application is embedded in the Agenda packet but a reader can go to Click Here and read from page 95 to 203.

 

The proposed arrangements for compensation varied dramatically among the applicants. But Voices predicts that the Township may well be able to secure excellent legal services and surely an improved litigation record for 75% or less of its current legal services expenditure budget. 

What is the Role of the Municipal Attorney ?

A local would-be wag once said that Municipal Attorneys have two choices:


·       They can help the Council follow town, state, and federal law to serve the residents of the Municipality, or

·       They can help the Council find ways around the law to serve itself.


Hmmmmmmm!


Most of us would choose the first statement. But here in Teaneck, given AINRs, surprise apartment buildings, deaf ears to residents’ pleas and the general lack of respect we talked about in last week’s Teaneck Voices, would most of the residents say that for last several Councils our Municipal Attorney could best be characterized by the second statement?


Thanks to our new Council, elected last November, legal guidance is about to change! At 6pm on Tuesday, May 23, our Council will meet to appoint a new Township Attorney, Redevelopment Attorney, Tax Attorney, and Labor Attorney. We trust our new Council believes the basic criterion for any attorney serving the Township of Teaneck is the first statement above: to help the Council follow town, state, and federal law to serve the residents of the Municipality.


What is the role of the township attorney?

You can find some information about the Township Attorney on the Township website. Check in the Teaneck Township Code, Chapter 2, Article V, Sections 2-33, 2-34 for details. Or Click Here.


Teaneck Voices presents here a brief overview:


·       The Township Attorney shall be appointed by the Council and shall serve for a term of two years. Notwithstanding the conferral of a two year term, the Township Attorney shall serve at the pleasure of the Council and may be removed by the Council, with or without cause, at any time.


·       The Township Attorney shall be the chief legal advisor to the Council and Manager and give them legal advice and counsel in regard to matters that pertain to the affairs of the Township.


·       Prepare or supervise the preparation of all ordinances, resolutions, contracts and other legal documents and papers pertaining to the Township.


·       Attend all regular, workshop, and special meetings of the Council.


·       Have the power to enter into any agreement, compromise, or settlement of any litigation in which the Township is involved, subject to the approval of the Council.


The new Council has wisely decided to seek separate legal expertise for specialized matters, thus the appointment of Redevelopment, Tax, and Labor Attorneys.


Some suggestions for the Council and for Residents to be Aware Of


Teaneck Voices offers some thoughts about the relationship between the Council and the Municipal Attorney. These suggestions are from "Ten Tips: Using Your Municipal Attorney More Effectively" by Claire Silverman, league legal counsel, Wisconsin Municipal League. We have shortened and revised the list.


1. Remember that you, the governing body, and the municipal attorney are on the same team.

The municipal attorney should not be viewed as an obstructionist. It is [their] job to protect the municipality by identifying potential legal problems and to assist the municipality so that it exercises its powers in a lawful manner. If you have specific goals, clearly communicate those goals to them. It may be that the goal itself is unlawful. In that case, it is better to know that in advance in order to protect the municipality from liability.

2. Remember who the client is.

Municipal officials should bear in mind that the municipal attorney's client is the municipality, acting through its governing body, and not the individual officials or employees. Because the municipality is the client and it is often unclear who can speak or act on behalf of the municipality, it can be helpful for both the attorney and municipal officials if the governing body develops clear guidelines regarding who can contact the municipal attorney and under what circumstances it is appropriate to do so.


Individual officials and employees must understand that they themselves are not the primary client and that the municipal attorney may not be able to keep everything told to [them]as confidential. Moreover, officials and employees should not attempt or expect to persuade the municipal attorney to act in a manner that is inconsistent with their obligation to the client, the municipality.

3. Be very clear regarding expectations.

Have a clear idea regarding the importance of the matter and convey those expectations to the attorney. Think about the role you expect [them]to play. Make sure [they] understand the priority of the matter−low, intermediate or high−and that you explain what the municipality's time frame and financial expectations are regarding the matter.

4 Plan ahead for legal services.

Give the attorney adequate time to research issues and answer questions. Don't demand an immediate response from the municipal attorney at a meeting. The municipal attorney should not be expected to have all the various provisions memorized or to shoot from the hip.

5. Be candid.

Disclose all the pertinent facts and don't be selective. Although being selective in what you tell the municipal attorney may get you the answer you want, it may have significant consequences for the municipality later. With careful thought and planning, a good attorney can deal with bad facts. However, it is very difficult for [them] to deal with damaging facts when [they are] blindsided later in the process. In all likelihood, damaging or unfavorable facts will eventually be revealed.

6. Remember that lawyers are legal advisors, not policy makers.

The municipal attorney is a legal advisor, and it is [their] job to help the municipality see what the options are and what the benefits and disadvantages might be of proceeding in a given way. [They] should not be pulled into politics and should be allowed to maintain independence and objectivity so that [they] can give the correct legal answer rather than the desired legal answer. Once the legislative body has decided which way to proceed, the attorney can then implement the plan and make sure the municipality carries out its powers lawfully.

Teaneck Voices believes that the more we, the residents of Teaneck, know about our government, their proper, legal roles and the way these roles can be misused, the more effective we will be as active participants in creating the quality of life and the culture we want for Teaneck.

This Week in Teaneck - May 21 to 28, 2023 

Stigma Free Advisory Board – Monday May 22, 2023 at 6:00 pm – For Zoom Access Click Here with passcode 86729 For agenda, Click Here  


Hackensack River Greenway Advisory Board - Monday May 22, 2023 at 8:00 pm  - Access Click Here with passcode 717465 Agenda Click Here


Teaneck Council – Tuesday May 23, 2023 at 6:00 pm in person and by zoom Click Here with passcode 393720. Also Open Session at 8:00 pm - same access For Agenda Click Here


  • Good &Welfare will be prior to the Resolutions that enable the Town to appoint new Township Attorneys at 6:00 pm. Tuesday with access both in-person in-Council Chambers and virtually.


Council then goes into closed session to return for Open Public Session at 8:00 pm. A public hearing prior to a vote to adopt the introduced 2023 municipal budget (Click Here) and two bond ordinances are currently scheduled.


  • However: the actual vote to adopt the introduced budget could be delayed as Voices has been unable to confirm that the State’s Local Finance Board has provided the Town with its approval of the 2023 municipal budget as introduced.
  • Further: the website Agenda clearly calls for a vote to adopt the two municipal bond ordinances (26-2023 & 27-2023) – but the website’s text of the ordinances themselves specifies June 13 (the next Council meeting) as the date on which those votes will occur. Voices will keep its readers informed as these issues are clarified.


Those uncertainties will neither affect the scheduled annual Cedar Lane Management Group budget hearing nor the hearing to approve an application to County to help fund Phelps Park softball fields.


Teaneck Historic Preservation Commission – Tuesday, May 23, 2023 at 7:00 pm – To Access Click Here and use passcode 046912. For agenda Click Here

·       The struggle finally to define and actually acquire historical markers continues.


Planning Board – Wednesday May 24, 2023 at 7:00 pm in MP-1 of the Rodda Center – in-person only – HNMC Site Plan hearing (begun on 10/27/2022) continued.


·       Prior 5/16 scheduled HNMC hearing was “adjourned” before it began with no public explanation as to the rationale. There is also some uncertainty as to whether this 5/24 hearing will occur.


Youth Advisory Board – Wednesday May 24, 2023 at 7:00 pm - Rodda Center


Shade Tree Advisory Board – Thursday May 25, 2023 at 7:00 pm Rodda Center – no other info available


Township Revaluation Meeting – May 25 at 7:00 pm at the Rodda Center – see story in this edition



Affordable Housing Applications Due for 2 Units

1371 Teaneck Road


It may be that only two residential units governed by the affordable housing rules will be available in Teaneck this calendar year. And those who qualify must have submitted their applications (by fax or USPS) for one of those two units so that they reach the Affordable Housing Administrator for Teaneck (Piazza & Associates in Princeton) by 3:00 pm on May 27. Those interested must move quickly.


The two units constitute the a first and a second floor of a new residential building currently being completed at 1371 Teaneck Road. Voices has pictured the facility looking south on Teaneck Road. The building is located on the east side of Teaneck Road and is directly across the street from where West Englewood dead-ends in Teaneck Road.


What must you do to find out if you are eligible for either of these units and complete the application? You need to access the Piazza & Associates page (Click Here) and then click the Affordable Housing button on the top line. There you will see under Featured Properties a picture of the 1371 Teaneck Road facility Click it for specific instructions for this specific facility beginning with the following.

·       . Welcome to 1371 Teaneck Road! Located in the Township of Teaneck, Bergen County, New Jersey, this property will feature a 1-bedroom, low-income apartment and a 1-bedroom, moderate- income apartment to income-qualified households. A random selection will be held for all preliminary applications received on or before 3:00 PM, June 27th, 2023, after which this waiting list will be closed. Preference will be given to households that live or work in Housing Region 1 (Bergen, Hudson, Passaic and Sussex Counties)

·       And included here is a place to click to Download the Application and immediately below are five specific lines to click to answer nearly all of your questions about rents, income limit eligibility, unit features and floor plans and application specifics.

If you have questions which the Piazza website or a call to them does not answer, we have set up a one-hour Zoom time to provide help to any reader seeking to make an application. It will be at 3:00 pm on Wednesday May 24 and here is the address:

 

Chuck Powers is inviting you to a scheduled Teaneck Voices Zoom meeting.

Topic: Affordable Housing Meeting

Time: May 24, 2023 03:00 PM Eastern Time (US and Canada)

Join Zoom Meeting – Click below

https://us06web.zoom.us/j/89388755303?pwd=Q291M2RWMXhZcGk0N0V4aFVUaUI0UT09

Passcode: 163055

Municipal Revaluation Information Meeting

Teaneck Property Revaluation / Revaluación de la Propiedad

As directed by the Bergen County Board of Taxation and the New Jersey Division of Taxation, the Township of Teaneck is revaluing all taxable real estate for the 2024 tax year to ensure uniform and equitable assessments. The Township has entered into a contract with Appraisal Systems, Inc. to conduct the revaluation program. 

There will be one more public meetings held regarding the revaluation at the Richard Rodda Community Center on May 25th, 2023 from 7pm-9pm. 

For more information on the revaluation program, visit the Appraisal Systems website here. or Revaluation Brochure-Spanish.pdf 

ANNOUNCEMENTS

T Creek Conservancy Reopening Events registration process

Reservations recommended

via email tix@puffinfoundation.org  or by phone 201-836-3499.

Include your last name, name of the event, # of seats, phone #, and email address for confirmation.

Township of Teaneck New Jersey - Advisory Board and Statutory Board Application (teanecknj.gov)

Contacting Teaneck Voices


By Email: teaneckvoices@gmail.com

By Phone: 201-214-4937

By USPS Mail: Teaneck Voices, PO Box 873. at 1673 Palisade Ave. 07666

Teaneck Voices' Website is www.teaneckvoices.com


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