74-18 Blau and Blau - Authorizing Affirmative Tax Appeals 2.12.18 (2).pdf

1 74-18 February 27, 2018 RESOLUTION WHEREAS, pursuant to Title 54 of the New Jersey Statutes Annotated, the Township regularly assesses all real properties within the Township and allocates its budget in a proportionate manner based upon the value of the various line items; and WHEREAS, by Agreement dated January, 2018, the Township retained Blau and Blau, Attorneys at Law of the State of New Jersey, as special counsel for the purpose of handling commercial tax appeals for the period January 1, 2018 through December 31, 2018 (“Special Counsel”); and WHEREAS, Special Counsel’s engagement includes specifically the right to file affirmative tax appeals on behalf of the Township which tax appeals are designed to accurately and equitably apportion the real estate tax burden among the existing properties within the Township; and WHEREAS, Special Counsel is entitled to a contingent fee if any increase in assessment occurs as a result of the appeal; and WHEREAS, Special Counsel has performed an analysis as to the various properties within the Township that it believes warrant affirmative tax appeals; and WHEREAS, tax appeals must be filed no later than April 1, 2018; and WHEREAS, Special Counsel is responsible for all fees and expenses in prosecuting any affirmative tax appeals; and

2 WHEREAS, Special Counsel has consulted with Mark Hendricks, Appraiser for the Township, concerning the efficacy of such affirmative appeals and they concur with Special Counsel’s analysis; and WHEREAS, Special Counsel has consulted with the Township Attorney concerning the potential tax appeals and he concurs with the decision to proceed; and WHEREAS, on February 7, 2017, the Township Council adopted Resolution No. 51-17 which authorized certain appeals. Resolution No. 51-17 remains in full force and effect; and WHEREAS, nothing contained herein shall mandate or require the prosecution of such appeals, but shall authorize any and all actions necessary and appropriate to prosecute these affirmative appeals; NOW HEREBY BE IT RESOLVED, BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE that Blau and Blau, as Special Counsel, be and hereby is authorized and empowered to prosecute affirmative tax appeals for the year 2018 concerning the following properties: LOT BLOCK OWNER ADDRESS 155 26 C002G 375 NJCA Limited Liability Co 375 Mt. Pleasant Ave 154 14 640 Eagle Rock LLC 342 Eagle Rock Avenue 155 40.01 Apple Nine Hospitality Ownership 8 Rooney Circle 84.01 47 Bell Atlantic c-o Duff & Phelps 490 Prospect Avenue 164 1.01 Blackburn Development Co. Inc. 141 Old Short Hills Road 155.21 40 CLPF Essex Green LLC 495 Prospect Avenue 155 40.03 CLPF Essex Green LLC Rooney Circle

3 155 40.04 CS Hotel WO c/o Sun Rooney Circle 168 27.02 Falcon Associates for S. Mt. Rlty 563 Northfield Avenue 155 26 C003A GGFF Mount Pleasant LLC 375 Mt. Pleasant Ave 71.02 1 H&L Orange LLC, c/o Fieldstone Hutton Park 151 30 HCP MA4 WOrange, NJ LLC 220-222 Pleasant Valley Way 84.01 22 MCI Tele Corp/Verizon 10 Marcella Avenue 168 30.01 Northfield Associates LLC 1476 Pleasant Valley Way 168 30.02 Northfield Associates LLC 595 Northfield Avenue 170.01 10 Pleasant & Summit 6 Summit Street 111 1.03 Richland Towers LLC 416 Eagle Rock Avenue 84.01 22.01 Richland Towers Management 12 Marcella Avenue 155 26 C002F RO Realty Co 375 Mt. Pleasant Ave 80.03 36 Rockledge Realty Co 200 MT. Pleasant Avenue 81.01 1.02 Ronjolyn Realty & P.S. Realty 275 Northfield Avenue 165.06 2 St. Barnabas Realty Development 95 Old Short Hills Road 153.16 1 WestOrange LLC c/o Ecova MS363 265 Prospect Avenue 78.02 2 WHS LLC 125 Northfield Avenue NOW HEREBY BE IT RESOLVED, BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE that Blau and Blau, as special counsel, is authorized to take all steps necessary and appropriate to prosecute these tax appeals;

4 This Resolution shall be available to inspection during normal business hours and in accordance with all applicable statutes. Karen Carnevale, R.M.C. Susan McCartney Municipal Clerk Council President Adopted: February 27, 2018 4818-4096-7773, v. 1