City Council

Resolutions – April 19, 2010 CARRIED NO. 100-10 OFFERED BY: SECONDED BY: ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 7-2010, AN ORDINANCE AMENDING CHAPTER 170-53, SCHEDULE IV: TIME LIMIT PARKING OF THE CODE OF THE CITY OF HACKENSACK “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. 7-2010 entitled: AN ORDINANCE AMENDING CHAPTER 170-53, SCHEDULE IV: TIME LIMIT PARKING OF THE CODE OF THE CITY OF HACKENSACK has passed its second and final reading and is hereby adopted. Roll Call - Ayes: NO. 101-10 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 10-2010, AN ORDINANCE RE- ESTABLISHING CHAPTER 107.30.1, SECTION “A” “GOVERNMENTAL RECORDS” OF THE CODE OF THE CITY OF HACKENSACK “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 Meneses that there be a public hearing. PUBLIC HEARING – Len Nix asked exactly what this is and Mr. Zisa responded that this involves a previously outdated ordinance which was rescinded and now the Council is introducing a new ordinance to comply with a new case. Mr. Nix said that he has a rough time getting open public records now and that this seems like a waste of time. He asked who this protects – citizens or the government and Mr. Zisa stated that it is appropriate based on new case law that came out. Blanche Stuart, 252 Third Street, asked what the changes were. Mr. Zisa explained that it involves voluminous records requests and this ordinance gives the City the ability to charge for employee’s time to make these copies. He also added that there is no special service charge on something that can be done quickly. Ms. Stuart said that it seems arbitrary, didn’t we charge previously, and Mr. Zisa stated “yes”. Motion offered by Deputy Mayor Sasso and seconded by Councilman Labrosse Council Meeting – 4/19/10 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. 10-2010 entitled : AN ORDINANCE AMENDING RE-ESTABLISHING CHAPTER 107.30.1, SECTION “A” “GOVERNMENTAL RECORDS”has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 102-10 OFFERED BY: MENESES SECONDED BY: SASSO ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 12-2010, AN ORDINANCE AMENDING THE CITY OF HACKENSACK ZONING ORDINANCE, ARTICLE VIII – 175.8.1 THROUGH 175.8.11 “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 Meneses that there be a public hearing. PUBLIC HEARING Motion offered by Deputy Mayor Sasso 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. 12-2010 entitled : AN ORDINANCE AMENDING THE CITY OF HACKENSACK ZONING ORDINANCE, ARTICLE VIII – 175.8.1 THROUGH 175.8.11 has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 103-10 OFFERED BY: MELFI SECONDED BY: LABROSSE INTRODUCTION OF ORDINANCE NO. 11-2010, AN ORDINANCE AMENDING CHAPTER 1-15, SECTION “A” VIOLATIONS OF CODE; PENALTIES” OF THE CODE OF THE CITY OF HACKENSACK BE IT RESOLVED that the above ordinance, being Ordinance 11-2010 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 4, 2010 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. Council Meeting – 4/19/10  Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 104-10 OFFERED BY: MELFI SECONDED BY: MENESES INTRODUCTION OF ORDINANCE NO. 13-2010, AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14) BE IT RESOLVED that the above ordinance, being Ordinance 13-2010 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 4, 2010 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- Labrosse, Sasso, Meneses, Melfi, Townes NO 105-10 OFFERED BY: MELFI SECONDED BY: SASSO INTRODUCTION OF ORDINANCE NO. 14-2010, A REFUNDING BOND ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY PROVIDING FOR THE FUNDING OF AN EMERGENCY TEMPORARY APPROPRIATION TO FUND A PORTION OF THE ACCRUED SICK, VACATION AND RELATED EXPENSES ARISING FROM THE UNEXPECTED RETIREMENT OF SEVERAL CITY EMPLOYEES APPROPRIATING $4,675,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $4,675,000 REFUNDING BONDS OR NOTES OF THE CITY FOR FINANCING THE COST THEREOF BE IT RESOLVED that the above ordinance, being Ordinance 14-2010 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 4, 2010 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: Labrosse, Sasso, Meneses, Melfi, Townes NO 106-10 OFFERED BY: MENESES SECONDED BY: LABROSSE Council Meeting – 4/19/10  INTRODUCTION OF ORDINANCE NO. 15-2010, A REFUNDING BOND ORDINANCE PROVIDING FOR PAYMENT OF AMOUNTS OWING TO OTHERS FOR TAXES LEVIED IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $4,900,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $4,900,000 BONDS OR NOTES OF THE CITY FOR FINANCING THE COST THEREOF. BE IT RESOLVED that the above ordinance, being Ordinance 15-2010 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 4, 2010 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: Labrosse, Sasso, Meneses, Melfi, Townes NO 107-10 OFFERED BY: MENESES SECONDED BY: SASSO INTRODUCTION OF ORDINANCE NO. 16-2010, AMENDING CITY ORDINANCE 2-2005 ENTITLED “ENUMERATION OF LICENSES, MISCELLANEOUS SERVICES AND FEES” BE IT RESOLVED that the above ordinance, being Ordinance 16-2010 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 4, 2010 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: Labrosse, Sasso, Meneses, Melfi, Townes NO 108-10 OFFERED BY: MELFI SECONDED BY: MENESES INTRODUCTION OF ORDINANCE NO. 17-2010, AMENDMENT TO CHAPTER 141 ENTITLED “SEWERS” OF THE CODE OF THE CITY OF HACKENSACK BE IT RESOLVED that the above ordinance, being Ordinance 17-2010 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 4, 2010 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 Council Meeting – 4/19/10 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, Sasso, Meneses, Melfi, Townes ** Introduction of the 2010 Budget is Resolution No. 109-10, attached hereto. NO. 110-10 OFFERED BY: SASSO SECONDED BY: MENESES ________________________________________________________________ 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 $5,754,510.06 Grants 1,722.00 Payroll 258,794.29 Public Parking System 17,263.27 Capital 21.98 Trust Account 102,717.26 Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes “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. 111-10 OFFERED BY: SASSO SECONDED BY: MELFI _______________________________________________________________ WHEREAS, there exists in the City of Hackensack a need for the services of a licensed New Jersey Attorney for the purpose of special counsel for handling litigation in the Federal District Court; and WHEREAS, such professional services will be rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law pursuant to N.J.S.A.40A11-5(1)(a)(i) of the Local Public Contracts Law; and WHEREAS, pursuant to the Fair and Open Process Rule, N.J.S.A. 19:44A-20.4 et. seq., advertisements for proposals were published on the City of Hackensack’s Web Council Meeting – 4/19/10 Site, and proposals were received and reviewed for the aforementioned professional services which anticipated cost will be over $17,500 per year. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that: (l) The Mayor and City Clerk be and they are hereby authorized and directed to retain DeCotiis, Fitzpatrick and Cole, LLP, Glenpointe Center West, 500 Frank W. Burr Boulevard, Teaneck, NJ 07666 to perform the aforesaid services. (2) This contract is awarded pursuant to a fair and open process. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the contract for public inspection and to publish a notice of this action once in the Record. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 112-10 OFFERED BY: SASSO SECONDED BY: MELFI _______________________________________________________________ RESOLUTION OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY AUTHORIZING AN EMERGENCY TEMPORARY APPROPRIATION PURSUANT TO N.J.S.A. 40A:4-20 IN THE AMOUNT OF $4,675,000 TO FUND A PORTION OF THE ACCRUED SICK, VACATION AND RELATED EXPENSES ARISING FROM THE UNEXPECTED RETIREMENT OF SEVERAL CITY EMPLOYEES PROVIDED THAT THE LOCAL FINANCE BOARD APPROVES THE ISSUANCE OF REFUNDING BONDS THEREFOR PURSUANT TO N.J.S.A. 40A:2-51 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS: Section 1. The City of Hackensack, in the County of Bergen, New Jersey (the “City”) has experienced a significant increase in the number of City employees submitting their notice of retirement and in the costs to the City associated therewith as a result of recent changes in State of New Jersey policies. The City finds it necessary and hereby authorizes and approves an emergency temporary appropriation pursuant to N.J.S.A. 40A:4-20 in the amount of $4,675,000 to fund a portion of the accrued sick, vacation and related expenses arising from the unexpected retirement of several City employees not otherwise able to be provided for in the City’s budget, provided that the Local Finance Board, in the Division of Local Government Services, Department of Community Affairs (the “Local Finance Board”), approves the issuance of refunding bonds therefor pursuant to N.J.S.A. 40A:2-51. The City has not yet adopted its FY2010 budget but such amount would represent a hardship to the City taxpayers. Section 2. The emergency temporary appropriation provided for herein is necessary Council Meeting – 4/19/10 in order to meet a pressing need for public expenditures to protect or promote the public health, safety, morals or welfare of the inhabitants of the City. Section 3. The Chief Financial Officer of the City is hereby additionally authorized and directed to file an application with the Local Finance Board in order to seek approval of the issuance of refunding bonds or notes pursuant to the provision of N.J.S.A. 40A:2-51 to provide for the financing of the emergency temporary appropriation authorized herein for up to a five (5) year period or such other period of time ultimately authorized by the Local Finance Board. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 113-10 OFFERED BY: SASSO SECONDED BY: MELFI _______________________________________________________________ RESOLUTION OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, MAKING APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. 40A:2-51 WHEREAS, the City of Hackensack (the “City”) desires to make application to the Local Finance Board for its approval of a refunding bond ordinance appropriating and authorizing $4,675,000 of funds to provide for the refunding of an emergency temporary appropriation originally created to fund a portion of the accrued sick, vacation and related expenses arising from the unexpected retirement of several City employees; WHEREAS, the City believes that: (a) it is in the public interest to accomplish such purpose; (b) said purpose is for the health, welfare, convenience or betterment of the inhabitants of the City; (c) the amounts to be expended for said purpose are not unreasonable or exorbitant; (d) the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the City and will not create an undue financial burden to be placed upon the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY as follows: Section 1. The application to the Local Finance Board is hereby approved, and the City's Bond Counsel, Auditor and other representatives of the City, are hereby authorized to prepare such application and to represent the City in matters pertaining thereto. Section 2. The Clerk of the City is hereby directed to prepare and file a certified copy of the refunding bond ordinance and this resolution, and any other appropriate actions, with the Local Finance Board as part of such application. Section 3. The Local Finance Board is hereby respectfully requested to consider such application and to record its approvals as provided by the applicable New Jersey Statute. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes Council Meeting – 4/19/10  NO. 114–10 OFFERED BY: SASSO SECONDED BY: MELFI _____________________________________________________________ RESOLUTION OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY MAKING APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. 40A:2-51 WHEREAS, the City of Hackensack, in the County of Bergen, New Jersey (the “City”) desires to make application to the Local Finance Board pursuant to N.J.S.A. 40A:2-51 and for its review and approval of a proposed tax appeal refunding bond ordinance; WHEREAS, the City believes that: (a) it is in the public interest to accomplish such purpose; (b) said purpose or improvements are for the health, welfare, convenience or betterment of the inhabitants of the local unit; (c) the amounts to be expended for said purpose or improvements are not unreasonable or exorbitant; (d) the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the local unit and will not create an undue financial burden to be placed upon the local unit; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY as follows: Section 1. The application to the Local Finance Board is hereby approved, and the City’s Bond Counsel, Auditor and other representatives of the City, are hereby authorized to prepare such application and to represent the City in matters pertaining thereto. Section 2. The Clerk of the City is hereby directed to prepare and file a certified copy of the refunding bond ordinance and this resolution, and any other appropriate actions, with the Local Finance Board as part of such application. Section 3. The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by the applicable New Jersey Statute. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 115-10 OFFERED BY: SASSO SECONDED BY: MELFI _______________________________________________________________ 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: Amount Block Lot Name Year Reason $ 147.13 222.01 23 Tiburcio, Jose & Catano, Juana 2009 Homestead Rebate 3,371.13 230 16 Torres, Roberto & Jacqueline 2009 Duplicate Pymt. 2,516.06 230 16 Torres, Roberto & Jacqueline 2009 Duplicate Pymt. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes Council Meeting – 4/19/10 Grants: 2010 Municipal Alliance/HAPADA 0-01-41-700-000-000 15,759.00 15,759.00 2010 Municipal Alliance/HAPADA 0-01-41-700-000-000 3,940.00 3,940.00 Local Match 2009 Body Armor Replacement Fund 0-01-41-700-000-000 3,259.22 3,259.22 2010 Public Health Priority Funding 0-01-41-700-000-000 (10,197.00) (10,197.00) 2010 NJDOT Municipal Aid 0-01-41-700-000-000 212,045.00 212,045.00 TOTAL CURRENT FUND $585,000.0 $2,672,806.22 $3,257,806.22 0 **GRAND TOTAL** $585,000.0 $2,672,806.22 $3,257,806.22 0 NO. 116-10 OFFERED BY: SASSO SECONDED BY: MELFI Prior to the Adoption of the Budget per N.J.S. 40A:4-20 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 2010 temporary budget for the aforesaid purpose, and N.J.S. 40A: 4-20 provides for the creation of an emergency temporary appropriations 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 total $40,756,695.44. NOW, THEREFORE BE IT RESOLVED (not less than two-thirds of all members therefore affirmatively concurring) that in accordance with N.J.S. 40A: 20: 1. An emergency temporary appropriation be and the same is hereby made for: TEMPORARY BUDGET APPROPRIATION S&W EXPENSE TOTALS Community Development O/E 0-01-22-200-202-200 40,000.00 40,000.00 Group Insurance Plans 0-01-23-210-210-200 1,750,000.00 1,750,000.00 Workers Compensation 0-01-23-215-215-200 277,000.00 277,000.00 General Insurance/Surety 0-01-23-220-220-200 175,000.00 175,000.00 Fire Official S&W 0-01-25-265-266-200 50,000.00 50,000.00 Public Bldgs and Grounds 0-01-26-130-130-100 50,000.00 50,000.00 Streets & Roads 0-01-26-290-290-100 40,000.00 40,000.00 DPW 0-01-26-300-300-100 85,000.00 85,000.00 Garbage & Trash 0-01-26-305-305-100 200,000.00 200,000.00 Shade Tree 0-01-26-313-313-200 5,000.00 5,000.00 Health Department 0-01-27-330-331-100 100,000.00 100,000.00 Parks & Playgrounds 0-01-28-375-375-100 50,000.00 50,000.00 City Website 0-01-30-415-415-200 1,000.00 1,000.00 Sewer Treatment BCUA 0-01-31-455-456-200 200,000.00 200,000.00 9-1-1 S&W 0-01-42-250-251-100 10,000.00 10,000.00 2.That said emergency appropriation will be provided for in the 2010 operating budget in full. 3. That three certified copies of this resolution be filed with the Director of Local Government Services. Council Meeting – 4/19/10  Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 117-10 OFFERED BY: SASSO SECONDED BY: MELFI _______________________________________________________________ WHEREAS, a Bergen County Community Development Grant of $50,500.00 has been proposed by Community Housing in Partnership, Inc. for renovation of the office building at 241 Moore Street, in the City 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 Governing Body; and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid CD funds. NOW, THEREFORE BE IT RESOLVED, that the Governing Body of the City of Hackensack hereby confirms endorsement of the aforesaid 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 project may be expedited. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 118-10 OFFERED BY: SASSO SECONDED BY: MELFI _______________________________________________________________ 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: 1929 Holy Trinity Church RA: 1930 Holy Trinity Church Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 119-10 OFFERED BY: SASSO SECONDED BY: MELFI _______________________________________________________________ WHEREAS, bids were advertised to be received on March 31, 2010 for the Riverfront Pathway Project Phase 2, and; WHEREAS, six bids were received; and WHEREAS, after review of all bids by Malcolm Pirnie, Inc., the recommendation was made to award the bid for the Riverfront Pathway Project Phase 2, to the lowest bidder, J. A. Alexander, Inc. for the contract price of $257,680.50; and Council Meeting – 4/19/10  WHEREAS, the Chief Financial Officer has certified that funds are available in account number C-04-55-Y22-000-001 of the Capital Budget. NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council, that the contract for the Riverfront Pathway Project Phase 2, be to J.A. Alexander, Inc. for the bid price of $257,680.50, purchase order #171296. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 120-10 OFFERED BY: SASSO SECONDED BY: MELFI _______________________________________________________________ WHEREAS, the taxpayers on the attached settlement proposals have filed appeals to their real property tax assessments for the properties and years indicated and which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, it is the recommendation of the Tax Counsel and the Tax Assessor that these matters should be settled; and WHEREAS, said settlements are in the best interests 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 he 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 in order to effectuate the settlement of the attached litigation matters identified by taxpayer name and Tax Court docket number(s) on each proposed settlement pending in the Tax Court of New Jersey, so that the assessments be set as indicated on each proposal; and BE IT FURTHER RESOLVED that the approval of the settlements of the attached litigation matters shall be contingent upon the approval and authorization of the City of Hackensack’s application for the issuance of bonds pursuant to statute for the purpose of funding the aforesaid real estate tax settlements by the Local Finance Board of the Division of Local Government Services and/or Department of Community Affairs and/or such other agencies, and departments of the State of New Jersey; 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 subject to the agreement between the parties. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes Council Meeting – 4/19/10