Conference/Public Meeting Agendas/Documents — Packet

14-8.2 Appearance of Exterior of Premises and Structures. a. Residential and Nonresidential. The exterior of the premises, the exterior of dwelling structures and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the residential standards of the neighborhood or such higher standards as may be adopted as part of a plan of urban renewal by the Township, and it shall be the duty of the owner or operator to maintain the premises in the manner set forth herein, including, but not limited to the following: 1. Storage of Commercial and Industrial Material. There shall not be stored or used at a location visible from the sidewalk, street or other public areas, equipment and materials relating to commercial or industrial uses unless permitted under the Zoning Ordinance for the premises. 2. Landscaping. Premises shall be kept landscaped and lawns, hedges and bushes shall be kept trimmed where exposed to public view, and shall be maintained so as not to obstruct public access to sidewalks and roadways. All trees shall be kept trimmed so that they do not encroach onto the sidewalk or roadway from the ground to a height of seven (7) feet. Hedges and bushes shall be maintained so that they do not encroach onto the sidewalk. Lawns shall be trimmed and maintained and shall not exceed a height of eight (8) inches from the ground. All lawns, trees, hedges and bushes in violation of any and all provisions of this Ordinance shall be removed, trimmed, or cut to conform to the requirements set forth herein. 3. Signs. All signs shall be maintained in good repair and printed matter, pictures or illustrations contained thereon shall be completely maintained or when no longer in use completely removed. 4. Reconstruction of Walls and Sidings. All reconstruction of walls and sidings shall be of standard quality and appearance commensurate with the residential character of the properties in the same block and on both sides of the street on which the premises front, such that the materials used will not be of a kind that by

esidential character of the properties in the same block and on both sides of the street on which the premises front, such that the materials used will not be of a kind that by their appearance, under prevailing appraisal practices and standards will depreciate the values of neighboring and adjoining premises. 5. General Maintenance. The exterior of every structure or accessory structure (including fences) shall be maintained in good repair and all surfaces thereof shall be kept painted or whitewashed where necessary for purposes of preservation and appearance. They shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated, and adjoining properties and the neighborhood protected from blighting influences. No structure, or part thereof, shall be boarded up or otherwise kept in a state of disrepair. 6. Front Yard Parking. No person shall park, stop or stand any motor vehicle, or permit or suffer the same to be done, in any front yard of premises occupied by a dwelling or hotel except on driveways and parking areas constructed and installed in compliance with applicable Township ordinances and not less than three (3) feet from the interior front sidewalk line adjacent to those premises. b. Nonresidential. The exterior of the premises and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the standards of the neighborhood or such higher standards as may be adopted as part of a plan of urban renewal by the Township, and it shall be the duty of the owner or operator to maintain the premises as set forth herein, including, but not limited to the following: 1. Landscaping. All lawns, trees, hedges and bushes shall be maintained so as not to obstruct public access to sidewalks and roadways. Trees, hedges and bushes shall be kept trimmed so that they do not cross the line of the

shes shall be maintained so as not to obstruct public access to sidewalks and roadways. Trees, hedges and bushes shall be kept trimmed so that they do not cross the line of the sidewalk from the ground to a height of seven (7) feet.

Lawns shall be trimmed and maintained and shall not exceed a height of eight (8) inches from the ground. All lawns, trees, hedges and bushes in violation of any and all provisions of this Ordinance shall be removed, trimmed, or cut to conform to the requirements set forth herein. 2. Signs and Billboards. All permanent signs and billboards exposed to public view permitted by reason of other regulations as a lawful non-conforming use shall be maintained in good repair. Any signs which have excessively weathered or faded or those upon which the paint has excessively peeled or cracked shall, with their supporting members, be removed or put into a good state of repair, all nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed. 3. Windows. All windows shall be left uncovered and shall not be opaque to the public view. All windows exposed to public view shall be kept clean and free of marks or foreign substances. No stock or inventory shall be permitted in the window display area. All screening of interiors shall be maintained clean and in a good state of repair. Under extraordinary circumstances and with the advance written permission of the Director of the Planning Department certain areas of the window may be screened from the public view. 4. All tenants or property owners occupying the street level of a commercial property shall be responsible to sweep and clean all sidewalks and brick pavers in front of their establishment so that they remain free of litter, debris, graffiti, oil, cigarette butts, gum, newspapers, refuse, and all garbage. In order to maintain or restore the level of cleanliness needed, power washing may be needed. Those tenants/owners on a corner shall be responsible for sidewalks and brick pavers on all sides as described above. If there is not a ground level tenant, or if the entire building is vacant, the property owner shall be responsible for maintenance of the sidewalks, brick pavers and landscaping as described in this subsection. Any trees or landscaping in front of the establishment shall be watered, pruned and maintained. Landscaping

the sidewalks, brick pavers and landscaping as described in this subsection. Any trees or landscaping in front of the establishment shall be watered, pruned and maintained. Landscaping shall not be removed or replaced with gravel, asphalt or wood chips. 5. Signs or Advertisements; Removal. Except for "For Rent" signs, any temporary sign or other paper advertising material glued or otherwise attached to a window or windows or otherwise exposed in public view shall be removed at the expiration of the event or sale for which it is erected or within sixty (60) days after erection, whichever shall occur sooner. Except during the course of repairs or alterations, no more than thirty-three and one-third (33 1/3%) percent of the square footage of any single window or single window display area shall be devoted to signs or other temporary advertising material attached to the window or windows or otherwise exposed to public view. 6. Awnings and Marquees. Any awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. In the event such awnings or marquees are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed forthwith. In the event the awnings or marquees are made of cloth, plastic, or of similar materials, the cloth or plastic where exposed to public view shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing, or other holes. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks, or other parts of the public domain. (1972 Code § 16-8.2; Ord. No. 1573-98 § 1; Ord. No. 1715-00 §§ 1, 2; Ord. No. 1727-00 § 1)

167-12 September 11, 2012 RESOLUTION WHEREAS, the following charitable organization(s) have applied for a Raffle License which raffle is to be conducted within the Township of West Orange, NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange, that the Municipal Clerk is hereby authorized to issue a license to conduct a raffle by the following organization (s) at the place (s) and time(s) set opposite their respective name(s): Organization Date of Event Place RL # Our Lady of Lourdes November 17, 2012 100 Valley Way 6778 On Premise 50/50 Seton Hall Prep November 8, 2012 481 Eagle Rock Ave. 6779 Mothers Auxiliary Off Premise Merchandise Marylawn of the Oranges November 15, 2012 609 Eagle Rock Avenue 6780 Off Premise 50/50 Soroptomist International of November 18, 2012 350 Mt. Pleasant Avenue 6781 Off Premise 50/50 W.O.H.S. Music Boosters October 30, 2012 51 Conforti Avenue 6782 Off Premise Merchandise Church of Holy Innocents October 27, 2012 681 Prospect Avenue 6783 Off Premise Merchandise AMIT November 18, 2012 700 Pleasant Valley Way 6784 Off Premise Merchandise Cope Center, Inc. October 12, 2012 350 Mt. Pleasant Avenue 6785 On Premise 50/50 Junior Devils, Inc. d/b/a November 2, 2012 750 Eagle Rock Avenue 6786 NJ Devils Youth Hockey Tricky Tray Junior Devils, Inc. d/b/a November 2, 2012 750 Eagle Rock Avenue 6787 NJ Devils Youth Hockey Off Premise 50/50 Saint Michaels Foundation November 16, 2012 757 Eagle Rock Avenue 6788 On Premise 50/50 Victor Cirilo Karen J. Carnevale Council President Municipal Clerk Adopted: September 11, 2012

168-12 September 11, 2012 RESOLUTION WHEREAS, the Township of West Orange heretofore acquired title to Block 152.19, Lot 1154 on Bachman Terrace (the “Property”); and WHEREAS, on September 13, 2011, pursuant to Ordinance No. 2328-11 (the “Ordinance”), the Township Council for the Township of West Orange authorized sale of the Property to Ms. Samantha Commarato (the “Purchaser”), a contiguous property owner with respect to the Property; and WHEREAS, sale of the Property has been authorized pursuant to an auction for sale of the Property under N.J.S.A. 40A:12-13(b)(5) and N.J.S.A. 40A:12-13.2, and the terms and conditions stated in the Ordinance; and WHEREAS, the Ordinance provides that title to this parcel of land would close within sixty (60) days of adoption of the Ordinances, unless an extension of time has been granted by the Township Council of the Township of West Orange; and WHEREAS, closing of title to the Property has not yet taken place; and WHEREAS, the Township and Purchaser are now prepared to carry out transfer of title to the Property to the Purchaser, for the outstanding balance due to the Township of $9,000; NOW, THEREFORE BE IT HEREBY RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, that the time period to close on the sale of Township owned land located at Block 152.19, Lot 1154, shall be and hereby is extended for an additional sixty (60) days from the date of adoption of this Resolution; and BE IT FURTHER RESOLVED that transfer of title to the Property shall be made under the same terms, conditions and restrictions previously set forth in the Ordinance. ________________________ _________________________ Karen J. Carnevale Victor Cirilo Municipal Clerk Council President Adopted: September 11, 2012

169-12 September 11, 2012 RESOLUTION WHEREAS, the Township has and is subject to various commercial real estate tax appeals; and WHEREAS, The Stephen Schwartz Law Firm, LLC has provided various tax appeal services; and WHEREAS, in a fair and open process the Township collected resumes concerning commercial real estate tax appeal services; and WHEREAS, the Township Attorney recommends the retention of The Stephen Schwartz Law Firm, LLC on a flat fee basis; and WHEREAS, the Township Attorney has consulted with the Chief Financial Officer and determined that the Township’s tax appeal services for non-commercial real estate have greatly exceeded the amount proposed by the within contract; NOW, BE IT HEREBY RESOLVED, by the Township Council of the Township of West Orange that the Mayor be and is hereby authorized to execute the annexed agreement with The Stephen Schwartz Law Firm, LLC for non-commercial real estate tax appeal services on a flat fee basis of $2,750 per month for one (1) year totaling $33,000; and it is further RESOLVED that notice of this award shall be published and available in the Clerk’s office in accordance with applicable law. Victor Cirilo Karen J. Carnevale Council President Municipal Clerk Adopted: September 11, 2012 I hereby certify funds available: 01-2010-00-1702-061 - $8,250.00 John O. Gross, Chief Financial Officer

169-12 September 11, 2012 AGREEMENT FOR NON-COMMERCIAL REAL ESTATE TAX APPEALS THIS AGREEMENT made and entered into on this ____ day of _________________, 2012 by and between the TOWNSHIP OF WEST ORANGE, a municipal corporation of the State of New Jersey, located at Town Hall, 66 Main Street, West Orange, County of Essex and State of New Jersey, hereinafter called the “TOWNSHIP”, party of the first part, and THE STEPHEN SCHWARTZ LAW FIRM, LLC, Attorneys at Law of the State of New Jersey, located at 777 Passaic Avenue, Suite 290, Clifton, New Jersey 07014, hereinafter referred to as “COUNSEL”, party of the second part. WITNESSETH THAT: WHEREAS, the Governing Body of the Township has determined that it is in the best interests of the Township to retain the services of Special Counsel to represent the Township in connection with non-commercial real estate tax appeals on a flat fee basis; NOW, THEREFORE, in consideration of the mutual promises, terms and conditions hereinafter set forth, the parties hereto agree as follows: 1. The Township hereby retains the services of The Stephen Schwartz Law Firm, LLC, as Special Counsel to assist the Township in connection with non-commercial real estate tax appeals for the period September 1, 2012 through August 31, 2013 at a flat rate of $2,750 per month. 2. COUNSEL will not seek reimbursement for its routine costs and expenses such as postage, copying, mileage, meals, parking, or delivery of documents. 3. COUNSEL may seek reimbursement for extraordinary expenses such as the cost of deposing adverse witnesses, transcripts or hiring experts. Counsel will not incur any such expenses without the approval of the Township Attorney. 4. COUNSEL’S responsibilities shall include all pre-trial preparation, discovery and trial, to the extent necessary, for all non-commercial real estate tax appeals pending or

commenced in the Tax Court of New Jersey against the Township and preparation and appearance for matters pending or commenced at the Essex County Board of Taxation. 5. COUNSEL shall coordinate all efforts with the Tax Assessor and keep the Tax Assessor and Township Attorney fully apprised concerning all matters. 6. COUNSEL recognizes that any and all approval for engagement of services must come from the Governing Body of the Township, and that no services, work or any efforts relative to the contract shall be commenced until the Governing Body passes a duly authorized Resolution accompanied by a Certificate of Funds. 7. COUNSEL is hereby placed on notice that no Department Head, individual member of the Governing Body, or any agent, servant or employee of the Township possesses any lawful authority to: (a) engage the rendition of services or the performance of work; (b) authorize the continuation of services or work beyond the amount specifically approved in the Resolution and Certificate of Funds; or to (c) represent that future funds will be available as compensation for current services. Any such acts shall be deemed ultra vires and beyond the scope of any authority that individual may possess. No bills, statement or vouchers for any amount exceeding that originally approved will be honored or paid by the Township, irrespective of whether such services were actually performed. 8. The provisions of this agreement are subject to the limitations of provisions of the New Jersey Tort Claim Act, N.J.S.A. 59:2-1 et seq., and the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1 et seq. 9. This agreement shall be governed by the laws of the State of New Jersey without regard to principles of conflict of laws. All contract claims under this agreement shall be subject to and governed by the provisions of the New Jersey Contractual Liability Act (N.J.S.A. 59:13-1 et seq. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. 2