BOROUGH OF HILLSDALE

10054

RESOLUTION

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Title: Authorizing Settlement of a Tax Appeals for the Property Located

at 167 Ruckman Avenue, Block 2101, Lots 2& 30

WHEREAS, Kenneth M. and Sharon B. Barber, the owners of certain real property located at 167 Ruckman Avenue, Borough of Hillsdale, Bergen County, New Jersey, also known as Block 2101, Lots 2 & 30 on the official Tax Map of the Borough of Hillsdale; and

WHEREAS, the owner has filed an appeal to the Tax Court of New Jersey for said premises for the year 2009, under docket number 004068-2009; and

WHEREAS, the parties have engaged in settlement negotiations; and

WHEREAS, as a result of those settlement negotiations, a settlement has been reached; and

WHEREAS, the current assessment on Block 2101, Lot 2, 167 Ruckman Avenue is as follows:

Tax Year 2009

LAND: $ 561,300

IMPROVEMENTS: $ 493,700

TOTAL ASSESSMENT $ 1,055,000; and

WHEREAS, the current assessment on Block 2101, Lot 30, Address: 167 Ruckman Avenue is as follows:

Tax Year 2009

LAND: $ 170,000

IMPROVEMENTS: $ 0

TOTAL ASSESSMENT $ 170,000; and

WHEREAS, the following assessment proposed for Block 2101, Lot 2, Address: 167 Ruckman Avenue is as follows:

Tax Year 2009

LAND: $ 561,300

IMPROVEMENTS: $ 493,700

TOTAL ASSESSMENT $ 1,055,000; and

WHEREAS, the following assessment proposed for Block 2101, Lot 30, Address: 167 Ruckman Avenue is as follows:

Tax Year 2009

LAND: $ 170,000

IMPROVEMENTS: $ 0

TOTAL ASSESSMENT $ 170,000; and

WHEREAS, the parties agree that the 2010 assessment for 165 Ruckman Avenue, which was originally going to be set at $1,055,000 and the 2010 assessment for 167 Ruckman Avenue which was originally going to be set as $170,000, will be settled for an aggregate assessment of $950,000. The parties further agree that the assessments will be consolidated into one for tax year 2011. The parties further agree that either party shall have the right to file a tax appeal for the 2010 tax year to obtain a judgment to implement, enforce and/or confirm the $950,000.00 assessment agreed upon herein; and

WHEREAS, all refunds due to Kenneth M. and Sharon B. Barber shall be without interest, provided that payment is made within sixty (60) days of the date of any entry of Judgment in this action; and

WHEREAS, any refunds due as a result of this settlement shall be made payable to “Barber, Kenneth M. & Sharon B., Plaintiff and The Irwin Law Firm, P.A.” c/o The Irwin Law Firm, P.A., attorneys for Plaintiff and forwarded to The Irwin Law Firm, P.A., 80 Main Street, Suite 410, West Orange, New Jersey 07052; and

WHEREAS, the Tax Counsel and the Tax Assessor have recommended said settlement to the Mayor and Council; and

WHEREAS, the Mayor and Council is of the opinion that said settlement is in the best interests of the Borough of Hillsdale.

NOW, THEREFORE, BE IT RESOLVED, BY THE Mayor and Council of the Borough of Hillsdale, County of Bergen, State of New Jersey, being the governing body thereof, that the settlement in this matter as set forth hereinabove be and is hereby approved and the Tax Counsel, Christopher E. Martin, Esq., is hereby authorized and directed to affect said settlement.

Council member	Motion	Second	Yes	No	Absent	Abstain
Arnowitz, Max			X
DeJoseph, Jonathan			X
Giancarlo, Michael			X
Hanlon, Marie			X
Schiavone, Donna		x	X
Weinstein, Andy	x		X

Adopted: April 6, 2010

Attest: ________________________ ___________________________________

Robert P. Sandt, RMC Mayor John Sapanara

Municipal Clerk