Resolutions from 5-3-11 Meeting

Resolutions from 5-3-11 meeting:

NO. 172 -11

OFFERED BY: SECONDED BY:

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FINAL ADOPTION OF ORDINANCE NO. 8-2011, AN ORDINANCE TO EXCEED THE 2011 MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK

“This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?

Motion offered by Councilman Melfi and seconded by Councilman Labrosse that there be a public hearing.

PUBLIC HEARING -

Motion offered by Councilman Meneses and seconded by Councilman Melfi 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. 8-2011 entitled: AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK has passed its second and final reading and is hereby adopted.

Roll Call - Ayes:

NO. 173-11

OFFERED BY: SECONDED BY:

INTRODUCTION 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”

BE IT RESOLVED that the above ordinance, being Ordinance 12-2011 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 May 17, 2011 at 8:00 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-

NO. 174-11

OFFERED BY: SECONDED BY:

______

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:

Roll Call - Ayes:

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. 175-11

OFFERED BY: SECONDED BY:

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WHEREAS, South Kendall Property c/o Burger King, #524 is the owner and taxpayer of real properties designated as Block 500.03, Lot 1, known as 38 Hackensack Avenue; and

WHEREAS, the taxpayer filed appeals to its 2008, 2009 and 2010 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and

WHEREAS, the yearly assessment is $1,521,900; 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 these matters should be settled; and

WHEREAS, said settlement is in the best interest of the City of Hackensack;

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: “South Kendall Prop. C/o Burger King #524 v. City of Hackensack”, Docket Nos. 002691-2008; 003034-2009 and 003509-2010 presently pending in the Tax Court of New Jersey, so that the assessment for 2008 be retained at $1,521,900 and reduced to $1,350,000 for 2009 and $1,300,000 for 2010; and

BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund 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 –

NO. 176-11

OFFERED BY: SECONDED BY:

______

WHEREAS, Henpal Realty Associates is the owner and taxpayer of certain real property designated as Block 407, Lot 35, known as 325-355 Main Street; and

WHEREAS, the taxpayer filed appeals to its 2009 and 2010 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and

WHEREAS, the yearly assessment was $3,066,000 for 2009 and 2010; 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 these matters should be settled; and

WHEREAS, said settlement is in the best interest of the City of Hackensack;

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: “Henpal Realty Associates v. City of Hackensack” Docket Nos: 004419-2009 and 009629-2010 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $3,000,000 for 2009 and 2010; and

BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund.

Roll Call: Ayes –

NO. 177-11

OFFERED BY: SECONDED BY:

______

WHEREAS, 530 River Street Associates is the owner and taxpayer of real properties designated as Block 308.02, Lot 23.01, and Block 308.02, Lot 18..02; known as 250 River Street and Salem Street Extension, respectively; and

WHEREAS, the taxpayer filed appeals to its 2007 and 2008 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and

WHEREAS, the yearly assessments are $911,400 for Block 308.02, Lot 23.01 and $120, 800 for Block 308.02, Lot 18.02; 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 these matters should be settled; and

WHEREAS, said settlement is in the best interest of the City of Hackensack;

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. 54:51A-8), which may be necessary to effectuate the settlement of litigation entitled: “530 River Street Associates, LLC v. City of Hackensack”, Docket Nos. 007326-2007 and 004836-2008 presently pending in the Tax Court of New Jersey, so that the assessment for Block 308.02, Lot 23.01 be reduced to $815,500 for 2007and 2008 and that the assessment for Block 308.02, Lot 18.02 be retained at $134,200 for 2007 and 2008; and

BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund 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 –

NO. 178-11 pulled from the docket due to error.

OFFERED BY: SECONDED BY:

______

WHEREAS, Packard Real Estate Group, LLC is the owner and taxpayer of certain real property designated as Block 510, Lot 14,15 and 18.02, known as 594 Main Street, 598-602 Main Street and 606 Main Street, respectively; and

WHEREAS, the taxpayer filed appeals to its 2007, 2008, 2009 and 2010 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and

WHEREAS, the yearly assessments were $417,200 for Block 510, $1,404,700 for Block 510, Lot 15;and $636,000 for Block 510, Lot 18.02; 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 these matters should be settled; and

WHEREAS, said settlement is in the best interest of the City of Hackensack;

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: “Packard Real Estate Group, LLC v. City of Hackensack” Docket Nos: 001907-2007; 001048-2008; 000066-2009 and 001310-2010 presently pending in the Tax Court of New Jersey, so that the assessments for Block 510, Lot 14, 15 and 18.02 be maintained without reduction for 2007 and the assessment for Block 510, Lot 14 be reduced to $509,300 for 2008; $359,300 for 2009 and $259,300 for 2010; the assessment for Block 510, Lot 15 be reduced to $354,600 for 2008; $304,600 for 2009 and $204,600 for 2010; and the assessment for Block 510, Lot 18.02 be reduced to $1,386,100 for 2008; $1,336,100 for 2009 and $1,036,100 for 2010;and

BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund 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 –

NO. 179-11

OFFERED BY: SECONDED BY:

______

WHEREAS, John Sara & Co., Ltd. is the owner and taxpayer of certain real propery designated as Block 528, Lot 6, known as 50 Voorhis Lane; and

WHEREAS, the taxpayer filed appeals to its 2007, 2008 and 2009 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and

WHEREAS, the yearly assessments was $418,100; 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 these matters should be settled; and

WHEREAS, said settlement is in the best interest of the City of Hackensack;

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. 54:51A-8), which may be necessary to effectuate the settlement of litigation entitled: “John Sara & Co. Ltd. v City of Hackensack” Docket Nos: 010575-2007; 011161-2007 and 016583-2009 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $368,000 for 2007, 2008, and 2009; and

BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund 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 –

NO. 180-11

OFFERED BY: SECONDED BY:

______

WHEREAS, Tenakill 190 Office Center LLC is the owner and taxpayer of certain real property designated as Block 309, Lot 3, known as 190 Moore Street; and

WHEREAS, the taxpayer filed appeals to its 2009 and 2010 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and

WHEREAS, the yearly assessment is $6,780,000; 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 these matters should be settled; and

WHEREAS, said settlement is in the best interest of the City of Hackensack;

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: ”Tenakill 190 Office Center, LLC v. City of Hackensack”, Docket Nos: 004419-2009 and 009629-2010 presently pending in the Tax Court of New Jersey, so that the assessment for 2009 be retained without reduction and reduced to $4,535,000 for 2010; and

BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund 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 –

NO. 181-11

OFFERED BY: SECONDED BY:

______

BE IT RESOLVED by the City Council of the City of Hackensack that John Flannigan is hereby appointed as the City’s representative to the Bergen County Community Development Committee until further notice.

Roll Call - Ayes:

NO. 182-11

OFFERED BY: SECONDED BY: ____________

BE IT RESOLVED, by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refunds for the reasons stated:

AMOUNTBLOCKLOTNAMEYEAR REASON

$ 1,033.58343 10,C006ALereta, LLC2011 Duplicate pymt

2,110.5755 7Lereta, LLC2011 “ “

2,431.54605.02 12Corelogic 2010 “ “

Roll Call - Ayes:

NO. 183-11

OFFERED BY: SECONDED BY:

WHEREAS, a Bergen County Community Development Grant has been proposed by the following organization located in the municipality of Hackensack, New Jersey; and

WHEREAS, pursuant to the State Inter-local Services Act, Community Development funds may not be spent in a municipality without authorization by the Mayor and City Council; and

WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid Community Development Funds.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Hackensack hereby confirms endorsement of the following project; and

BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to the Director of the Bergen County Community Development Program so that implementation of the aforesaid projects may be expedited.

APPLICANTAMOUNTPURPOSE

Heightened Independence$42,292.00Hispanic Outreach Project

and Progress

Roll Call: – Ayes:

NO. 184-11

OFFERED BY: SECONDED BY:

______

WHEREAS, an emergency condition has arisen with respect to the need to make payments for operating expenses prior to the adoption of the budget; and

WHEREAS, no adequate provision has been made in the 2011 temporary budget for the aforesaid purpose, and N.J.S. 40A:4-20 provides for the creation of an emergency temporary appropriation for the purpose above mentioned; and

WHEREAS, the total emergency temporary resolutions adopted in the year pursuant to the provision of N.J.S. 40A:4-20 (Chapter 96, P.L. 1951 amended) including this resolution totals $41,880,619.07;

NOW, THEREFORE BE IT RESOLVED (not less than two-thirds of all members therefore affirmatively concurring) that in accordance with N.J.S. 40A:4-20:

1. An emergency temporary appropriation be and the same is hereby made for:
2. That said emergency appropriation will be provided for in the 2011 operating budget in full.
3. That three certified copies of this resolution be filed with the Director of Local Government Services.

Roll Call – Ayes:

NO. 185-11

OFFERED BY: SECONDED BY: ____________

WHEREAS, The City of Hackensack Fire Department needs the Upgrade of an Exhaust Extraction System for two of the Fire Department locations pursuant to the Local Public Contract Law (N.J.S.A. 40A:11-12); and

WHEREAS, Clean Air Company, Inc., 28 New Brunswick Avenue, Fords, NJ, 08863 was awarded under the State of New Jersey, State Contract #65809; and

WHEREAS, the Fire Chief recommends and the Director of Purchasing agrees to the upgrade this quote represents; and

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes this upgrade to Fire Headquarters and to South Summit Avenue Engine Company 2, from Clean Air Company, Inc., 28 New Brunswick Avenue, Fords, NJ, 08863; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account G-02-11-907-000-000 Federal Grant Award #EMW-201-F0-01391 in the amount of $66,000 and Peosh account for $5,770.36.

Roll Call - Ayes:

NO. 186-11

OFFERED BY: SECONDED BY:

______

BE IT RESOLVED by the City Council of the City of Hackensack that the following organizations be granted permission to conduct a Raffle in accordance with the applications on file in the office of the City Clerk:

RA: 1961Community Resource Council

RA: 1962Gilda’s Club

RA: 1963Gilda’s Club

RA: 1964Gilda’s Club

RA: 1965Community Resource Council

Roll Call - Ayes:

NO. 187-11

OFFERED BY: SECONDED BY:

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WHEREAS, the City of Hackensack collected only 96.35% of the 2010 taxes due to an increase in State and County tax appeals as a result of unfavorable economic conditions in the local economy and real estate markets for 2010; and

WHEREAS, the lower percentage collected in 2010 has an effect on the “Reserve for Uncollected Taxes” in 2011; and

WHEREAS, the Governing Body is desirous of reducing the 2010 total tax levy by the amount of the tax appeals in calculating the 2010 tax collection percentage resulting in a collection percentage of 97.81% for 2010; and

WHEREAS, the Governing Body desires to anticipate 97.50% collection for 2011, to help reduce the “Reserve for Uncollected Taxes”, with prior written consent of the Director of Local Government Services.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of Hackensack, County of Bergen, State of New Jersey, that the prior written consent of the Director of Local Government Services be requested to anticipate 97.50% collection of taxes in 2011 in figuring the “Reserve for Uncollected Taxes”.

BE IT FURTHER RESOLVED that two certified copies of this resolution be forwarded to the Office of the Director of Local Government Services.

Roll Call: Ayes –