The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, July 19, 2011 at 7:00 p.m.
Mayor Meneses called the meeting to order and City Clerk, Debra Heck, stated: “In accordance with the Open Public Meetings Act, Chapter 231, Laws of 1975, adequate notice of this meeting was provided by sending a notice to The Record and the County Seat and by posting a copy on the Bulletin Board in City Hall.”
Mrs. Heck called the roll:
Present – Mayor Jorge E. Meneses, Deputy Mayor Michael R. Melfi, Councilwoman Karen K. Sasso, Councilman John P. Labrosse, Councilman Marlin G. Townes, City Attorney Joseph C. Zisa and City Manager Stephen Lo Iacono.
Mayor Meneses asked everyone to stand for the flag salute.
A motion was made by Councilman Melfi and seconded by Councilwoman Sasso to approve the minutes of the June 20, 2011, June 21, 2011 and June 30, 2011 meetings. Councilman Labrosse abstained from voting on the June 20, 2011 minutes due to absence.
City Manager’s Report –
Mr. Lo Iacono said that the Fourth of July celebration this year went extremely well with no problems. He said that a record breaking crowd had attended the festivities and said that he wanted to publicly thank all departments that were part of this. Mr. Lo Iacono also said that summer concerts are going on Tuesday nights, tonight and for the next four Tuesday nights on the Green at 7:30 p.m.
Mr. Lo Iacono also said that with reference to 300 Prospect Avenue, it looks like they are about a month away from opening the upper level of the garage at which time the temporary entrance will be shut and normal traffic will be able to enter on Prospect.
Mr. Lo Iacono advised that the Second Ward Park improvements are just about complete and that he hopes to be able to plan a dedication ceremony soon.
Mr. Lo Iacono also announced that on August 8, 2011 the Boys and Girls Club will host their annual Summer Olympics which will begin at Carvel to the Lodi Club and there will be a whole week of activities.
Mr. Lo Iacono spoke about a resolution on the docket this evening regarding a grant for a take control of your heart program and advised that only three communities throughout the state were picked to participate, Hackensack being one of them. The system will take care of scheduling people for their shots, process insurance information, etc.
A motion was made by Deputy Mayor Melfi and seconded by Councilwoman Sasso to continue resolution no. 248-11 to the August 16, 2011 meeting.
NO. 248-11
OFFERED BY: SECONDED BY:
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FINAL ADOPTION OF ORDINANCE NO. 12-2011, AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 170, SECTION 64, OF THE CODE OF THE CITY OF HACKENSACK ENTITLED “SCHEDULE XV: PROHIBITED TURNS AT INTERSECTIONS”
“This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?
Motion offered by and seconded by that there be a public hearing.
PUBLIC HEARING -
Motion offered by and seconded by that the public hearing be closed.
BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 12-2011 entitled: AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 170, SECTION 64, OF THE CODE OF THE CITY OF HACKENSACK ENTITLED “SCHEDULE XV: PROHIBITED TURNS AT INTERSECTIONS” has passed its second and final reading and is hereby adopted.
Roll Call - Ayes:
NO. 249-11
OFFERED BY: TOWNES SECONDED BY: SASSO
INTRODUCTION OF ORDINANCE NO. 15-2011, A BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF VARIOUS EQUIPMENT AND VEHICLES FOR THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,040,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $988,000 BONDS OR NOTES OF THE CITY TO FINANCE ALL OR A PART OF THE COST THEREOF
BE IT RESOLVED that the above ordinance, being Ordinance 15-2011 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on August 16, 2011 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage.
Roll Call: Ayes- Labrosse, Townes, Sasso, Melfi, Meneses
NO. 250-11
OFFERED BY: SASSO SECONDED BY: LABROSSE
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BE IT RESOLVED by the City Council of the City of Hackensack that the bills in the following accounts be and are hereby ordered paid:
Current Fund / $558,012.66Escrow / 34,039.55
Grants / 34,389.92
Payroll / 435,842.34
Public Parking System / 15,634.78
Capital / 232,334.96
Trust Account / 73,612.16
Roll Call: Labrosse, Townes, Sasso, Melfi, Meneses
The City Clerk announces that the following items are considered to be routine in nature and will be enacted in one motion; any items requiring expenditure are supported by a Certification of Availability of Funds; any item requiring discussion will be removed from the Consent Agenda; all Consent Agenda items will be reflected in full in the minutes including any exceptions and/or additions.”
NO. 251-11
OFFERED BY: TOWNES SECONDED BY: SASSO
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WHEREAS, C.G.C.K Associates is the owner and taxpayer of certain real property known as Block 75, Lot 5, designated as 45 Essex Street; and
WHEREAS, the taxpayer filed an appeal to its 2007, 2008 and 2009 real property tax assessment, which matters were settled by reducing the assessment from $3,150,000 to $2,150,000 for all years under appeal; and
WHEREAS, Judgment was entered reducing the assessment for 2007, 2008 and 2009 to $2,150,000; and
WHEREAS, the taxpayer seeks application of the Freeze Act [N.J.S.A.54:51A-8] based upon the Judgment assessment for 2009 of $2,150,000; and
WHEREAS, upon review of information submitted, a reduction appears appropriate; and
WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter be resolved by application of the Freeze Act; and
WHEREAS, said resolution in the best interest of the City of Hackensack; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents including Application For Judgment Pursuant to the Freeze Act (N.J.S.A. 54:51A-8), which may be necessary to effectuate the settlement of litigation entitled “C.G.C.K. v. City of Hackensack”, Docket Nos:010138-2007; 000148-2008 and 008721-2009, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $2,575,000 for 2010; and
BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interested payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3-27.2 subject to the agreement between the parties that the refund is paid within 60 days of entry of the Judgment.
Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses
NO. 252-11
OFFERED BY: TOWNES SECONDED BY: SASSO
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WHEREAS, Nilkanth, Inc. is the owner and taxpayer of certain real property known as Block 318, Lot 26 designated as 281 State Street; and
WHEREAS, the taxpayer filed appeals to its 2007, 2008 and 2009 real property tax assessments, which matters are presently pending in Tax Court of New Jersey; and
WHEREAS, the yearly assessment was $1,636,500; and
WHEREAS, upon review of information submitted, a reduction appears appropriate; and
WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and
WHEREAS, said settlement is in the best interest of the City of Hackensack; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents, including requests for application of the Freeze Act (N.J.S.A. 54:51 A-8), which may be necessary to effectuate the settlement of litigation entitled “Nilkanth, Inc. v. City of Hackensack “, Docket Nos: 004385-2007; 007274-2008 and 009149-2009 presently pending in the Tax Court of New Jersey, so that the assessment be set as follows:
ORIGINAL NEW
ASSESSMENT ASSESSMENT (YEAR)
$1,636,500 $1,350,000 (2007)
$1,350,000 (2008)
$1,350,000 (2009) ;and
BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3-27.2 provided that the refund is paid within 60 days of issuance of the Judgment by the Tax Court.
Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses
NO. 253-11
OFFERED BY: TOWNES SECONDED BY: SASSO
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WHEREAS, Fred L. Novak, Jr. and Barnes, A&B, are the owners and taxpayers of certain real property known as Block 39.05, Lot 1 designated as 212 Hudson Street; and
WHEREAS, the taxpayers filed appeals to their 2010 real property tax assessment which matter is presently pending in the Tax Court of New Jersey; and
WHEREAS, the assessment for 2010 was $1,279,600; and
WHEREAS, upon review of information submitted, a reduction appears appropriate; and
WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and
WHEREAS, said settlement is in the best interest of the City of Hackensack; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents which may be necessary to effectuate the settlement of litigation entitled “Fred L. Novak, Jr. and Barnes, A&B v. City of Hackensack”, Docket Nos: 005085-2010 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $936,000; and
BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3-27.2 provided that the refund is paid within 60 days after entry of the Tax Court Judgment.
Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses
NO. 254-11
OFFERED BY: TOWNES SECONDED BY: SASSO
______
WHEREAS, EWS Company is the owner and taxpayer of certain real property known as Block 33, Lot 12 designated as 260 Washington Street; and
WHEREAS, the taxpayer filed an appeal to its 2007 through 2010 real property tax assessment, which matters are presently pending in the Tax Court of New Jersey; and
WHEREAS, the yearly assessment was $565,000; and
WHEREAS, upon review of information submitted, a reduction appears appropriate; and
WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and
WHEREAS, said settlement is in the best interest of the City of Hackensack; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents, which may be necessary to effectuate the settlement of litigation entitled “EWS Company v. City of Hackensack”, Docket Nos: 020290-2010, presently pending in the Tax Court of New Jersey, so that the assessment for 2010 be reduced to $513,000 subject to the taxpayer’s withdrawal of its 2007, 2008 and 2009 appeals entitled “EWS Company v. City of Hackensack”, Docket Nos: 010558-2007; 01150-2008; 016625-2009.
BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon full waiver of any interest payable to the taxpayer on the refund.
Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses
NO. 255-11
OFFERED BY: TOWNES SECONDED BY: SASSO
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WHEREAS, Summit Manor Co. is the owner and taxpayer of certain real properties known as Block 245, Lot 2, designated as 442-463 Beech Street and Block 257, Lot 4, designated as 22-72 Berkshire Place; and
WHEREAS, the taxpayer filed appeals to their 2007, 2008, 2009, and 2010 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and
WHEREAS, the assessment for Block 245, Lot 2 was $10,756,700; and
WHEREAS, the assessment for Block 247, Lot 4 was $12,548,200; and
WHEREAS, upon review of information submitted, reductions appears appropriate; and
WHEREAS, it is the recommendation of the Tax Attorney, Tax Appraiser and Tax Assessor that these matters should be settled; and
WHEREAS, said settlement is in the best interests of the City of Hackensack; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and he is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled “Summit Manor Co. v. City of Hackensack”, Docket Nos: 004378-2007; 003646-2008; 006091-2009 and 003923-2010 presently pending in the Tax Court of New Jersey, so that the assessments be set as follows:
LOT/BLOCK PROPOSED ASSESSMENT-YEAR
245/2 $10,756,700 (2007)