Page 10 THE VILLADOM TIMES III • October 10, 2012 Ho-Ho-Kus Council awards contract for preemptive lights by Jennifer Crusco The Ho-Ho-Kus Council has awarded the contract for the emergency vehicle traffic control signals, which are alternately known as preemptive lights, to HBC Company, Inc. of Lodi. The award was made at the last council session, and will pave the way for the installation of the two lights near the firehouse on Sheridan Avenue. The lights are safety devices that flash when fire trucks are entering or leaving the fire station. Borough officials had originally anticipated October installation of these devices, but the next several weeks will be devoted to preparatory work. Ho-Ho-Kus Borough Administrator Don Cirulli noted that, once the contract has been prepared, the related bonds would have to put in place, and a pre-construction meeting would need to be held. He anticipated that these preliminary steps would take the next few weeks. Two sealed bids for this project were received in late August, after which time Ho-Ho-Kus Borough Engineer David Hals reviewed the proposals. The bids included a $58,352 proposal from Kevco Electric of Bloomfield and the $46,647 bid from HBC. Ho-Ho-Kus Borough Clerk Laura Borchers previously explained that these bids include the two preemptive lights, installation, and a portion of the engineering cost. Hals developed the drawings for the location of the signals, which will be installed on Sheridan, with one of the new lights being placed north of the firehouse, and the other to the south of the station. The goal is to improve safety by reminding motorists who are driving past the firehouse to exercise caution when trucks are being maneuvered into and out of the garage. Some motorists reportedly attempt to pass the trucks, thereby creating an unsafe situation. The new lights will encourage motorists to slow down and to stop, when necessary. Bergen County and the State of New Jersey have already given their approvals to this project. Bergen County approval was necessary because the signals will be installed on a county road. State approval was necessary because the borough will use a state grant to pay for this project. The borough received a $150,000 grant for the lights from the New Jersey Department of Transportation. The award, which was announced in 2011, does not require the borough to commit any matching funds to the project. Any unused portion of the grant will be returned to the state, Borchers noted. Railroad club lawsuit (continued from page 6) In late 2009, Ho-Ho-Kus Tax Assessor Marie Merolla advised VFW Post 192 Commander Stanley Kober that she had reviewed the lease and property tax exemption forms and found that a change should be made on the VFW building’s tax-exempt status. Merolla said the change was warranted due to the lease with the club and the fact that the veterans have access to the building for meetings only once a month and one week before Memorial Day. Merolla noted that the property is being entirely leased to the club, with limited access to the veterans. While the railroad club is a non-profit, Merolla said it does not meet the statutory requirements for property tax exemption. According to the law covering taxation in leasehold situations, Merolla found that the exemption should be prorated. The area used by the veterans remains exempt, the assessor found. However, she determined that the remaining portion of the building is taxable, with the tax payable by the lessee. New Jersey permits a full tax exemption for veterans’ organizations that meet specific legal requirements, and allows these organizations to derive income without losing their exemption. “However, when the veteran organization property is leased to a non-exempt tenant the lessee has the leasehold estate, and is listed as the owner, even though they do not actually own the property. (N.J.S.A. 54:4-2.3). As the leasehold owner, they are responsible for their portion of the real estate taxes,” Merolla previously stated. She added that the law provides that, in the absence of payment, “a lien on the leasehold estate is to be made and…(the club) shall be personally liable.” The lease, which was originally proposed in the 1990s, was promoted as a solution to issues being faced by the railroad club and the VFW. The club had recently lost its layout space in Ramsey, and the VFW had approached the council for assistance with building maintenance. In recent years, the club and the VFW have been at odds over the use of the building due to the restrictions placed on the VFW. The terms of the lease, which was renewed in 2002, allow the VFW limited access to the building, a situation that has been problematic since the VFW has become more active. At one point, the VFW planned to raze the Cliff Street building and construct a new home for Post 192, but the railroad club did not support those plans. The VFW then approached the borough to buy the neighboring property for a construction project. When that matter was close to a vote, the state VFW said the local post’s lease with the club was invalid, and the project was tabled. Post 192 later attempted to evict the club. The VFW claimed that the club violated the lease, and asked the club to remedy the violations. The case went to court and was dismissed without prejudice.