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MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County, New Jersey

December 12, 2005

Mayor Krieg called the meeting to order at 7:30 p.m. in Township Hall, Brookside, New Jersey

ROLL CALL Present: Mayor Krieg, Mr. Pierson, Mr. Phelan,

Mr. Schrier, Ms. Florek

Absent:

Also Present: Christopher Falcon, Esq., Township Attorney

Stephen Mountain, Township Administrator

Penny Newell, Township Clerk

SALUTE TO THE FLAG

Mayor Krieg read the following statement:

STATEMENT OF ADEQUATE NOTICE: “Adequate notice of this meeting of the Township Committee of the Township of Mendham was given as required by the Open Public Meetings Act as follows: Notice was given to the Observer Tribune and the Daily Record on January 10, 2005; Notice was posted on the bulletin board in Township Offices and Notice was filed with the Clerk on January 10, 2005.”

APPROVAL OF MINUTES – November 22, 2005 – Mr. Schrier made a motion to approve these minutes as written; Mr. Pierson seconded the motion. Mr. Pierson noted that the minutes indicated that he had requested a list of members of the Citizen’s Campaign for Pay-to-Play Reform, which is a 501.3c non-profit, and he has yet to receive that list.

OLD BUSINESS

1. Ordinance 15-2005 – Second Reading and Public Hearing

bond ordinance providing for the acquisition of a new ambulance in and by the township of mendham, in the county of morris, new jersey, appropriating $150,000 therefor, and authorizing the issuance of $142,500 bonds or notes of the township to finance part of the cost thereof

Upon motion duly made and seconded the meeting was opened to the public. No one present asked to be heard. Upon motion duly made and seconded the meeting was closed to the public.

Mr. Schrier made a motion to adopt Ordinance 15-2005; Mr. Pierson seconded the motion.

ROLL CALL – All present voted YES.

2. Ordinance 16-2005 – Second Reading and Public Hearing

ordinance amending section 28-1 of the mendham township ordinance code relating to enforcement of the uniform fire code

Upon motion duly made and seconded the meeting was opened to the public. No one present asked to be heard. Upon motion duly made and seconded the meeting was closed to the public.

Mr. Schrier made a motion to adopt Ordinance 15-2005; Ms. Florek seconded the motion.

ROLL CALL – All present voted YES.

3. Discussion of Historic Preservation Ordinance

Ms. Florek said she is concerned about this ordinance from two standpoints, one being the balance of what designates a home as historic, whether it is architectural or because of who lived in the home, etc. and the other point being the possible detrimental effect of designation on the homeowner as far a value is determined.

Mr. Pierson said he sees the demolition provision as a concern. He also noted that some of the most stringent criticism has been what determines a historic home in terms of years, such as 50, 60 or 100 years of age.

Mayor Krieg said they have to draw the line somewhere and the Committee feels that the character of the community is established by what is here now and he feels that something must be done to at least slow down the tearing down of historic homes, noting that two or three have been lost since this ordinance was first discussed. He said they need to find some way to balance what they feel is appropriate. He said his personal feeling is that the ordinance, as proposed, is almost toothless as written and he feels the need to move forward and in the long term, it will have a positive effect. He said he doesn’t think a one-year delay for the demolition of a historic home will have a negative effect on its value.

Mr. Phelan said the Historic Preservation Committee has done a great job to date and although there are some points of disagreement, most can be resolved. He said his hangup has been the one-year delay regarding demolition. He suggested, as an alternative to that, beginning with a 90-day period with perhaps up to 3 or 4 extensions of that timeframe if needed. He said that would cause a course of action that is well defined as opposed to being open-ended. He said that when the list of historic homes was prepared, he thought there was some form of communication suggesting that not all the homes would be on the original list and others added as deemed appropriate.

Mr. Schrier noted the definition of “historic” as proposed is acceptable and serves the purpose of what they are trying to achieve. He said standards have been established and if a residence meets those standards it is deemed historic. Referring to Mr. Phelan’s suggestion about 90-day periods of review, he said to keep the one-year period in place but asked for 90-day updates on the progress of the review. He said, based on information given by counsel, this ordinance is constitutional and it does not take property away, only asks for a period of time to attempt to prevent demolition. He also noted that there is an appeal process if justified. He said if the list of properties is shortened, the standards would have to be changed.

Mayor Krieg said there is nothing in this ordinance that says the HPC has to invoke the one-year delay of demolition, only that they have the right to do so.

Ms. Florek asked where the standards are in the ordinance. Mayor Krieg said the standards are established by the Federal Government.

Upon motion duly made and seconded the meeting was opened to the public for comment on the proposed ordinance.

Ray Nadaskay and Tim Timpson, members of the HPC, addressed the issue. Mr. Nadaskay said one of the most important things is how to determine what is historic. He said the standards are set by the Department of the Interior of the Federal Government of the United States. The standards are a whole series of things that indicate importance. He said consultants were hired to review every structure in a historic district during the application process. Some of the criteria include the age of the structure, its architectural importance, if it was, or was not, connected to an important person. He said that what is important is the districts formed by inclusion of historic structures. He said that if someone came to the HPC and said they want to build a bigger house on their property, and it seems reasonably, the HPC would probably go along with it, if it works. Mr. Nadaskay said developers tearing down a historic home, building a bigger house and then selling it is was what the HPC is trying to avoid. He said the HPC doesn’t want that, the want the town the way it is. He urged the Committee to pass the proposed ordinance and see if it works, noting that it can always be amended in the future.

Mr. Timpson said that there have been many studies done on this subject and none show a loss of value of designated historic properties.

Ms. Florek said she spent hours researching this and her main concern is a potential negative impact on the homeowner. She said she was unable to find anything to confirm that. She asked if there could be a process where any application for an alteration could come to the HPC because she feels that people would appreciate the advisory aspect.

Mr. Nadaskay said the only time the HPC has more clout than opinion is when public money is being spent and then they become an arm of the State Historic Department. He said it is important that people come to the HPC early in the process.

Mr. Phelan asked why a one-year delay for a demolition permit. Mr. Nadaskay said that research shows that slowing down the developer is a key issue. He noted that because there are so few building lots remaining, developers tend to buy older houses, take them down and build bigger houses and the result is a change in the character of the community.

Mr. Pierson said that Mr. Phelan’s suggestion of using 90-day increments for review would protect those individuals that may need one year.

Jane MacNeil, East Main Street: said she lives in a historic house, is a member of the HPC and works as a realtor. She said it has been her experience that those people coming into the Township don’t share the same view of historic preservation but are looking for a good school system and open space. She said the proposed ordinance would show respect for what we have here in the Township.

Ms. Florek asked if there was a way to construe the ordinance towards private owners vs developers. Mr. Timpson said he had discussed that issue with Mr. Clapp and one group cannot be treated differently than another.

Carolyn Daly, 83 Old Mill Road: said she lives in one of the few old houses on Old Mill Road and would like to keep large homes from being built in the area. She feels that if her home were to be put on the market now it would most likely be demolished to make way for a new home. She said she is in favor of this ordinance.

Rosemarie Nicholson, Ironia Road: said she has lived in Mendham Township for 35 years and has seen many renovations of historic homes. She asked how this ordinance would control maintaining the true integrity of such homes with the owners’ right to remodel. Mr. Nadaskay replied that this ordinance is voluntary and if someone has an older home and wants to do remodeling they can approach the HPC for advice only. Ms. Nicholson said most people won’t realize the value of an advisory board.

Mr. Schrier noted that the HPC has done a marvelous job of trying to head-off the demolition of historic homes and he feels an ordinance with some teeth is needed.

As no others asked to be heard, upon motion duly made and seconded the meeting was closed to the public.

The Committee agreed that this ordinance may be introduced at the first regular meeting of January 2006.

HEARING PERSONS PRESENT

Upon motion duly made and seconded the meeting was opened to the public.

George McKinnell, 28 W. Main Street: asked if Mr. Nadaskay would look at the new design for the Brookside Firehouse and make recommendations regarding the exterior of the building.

Pat Zimmerman, 3 W. Main Street: seconded Mr. McKinnell’s request. She said she has some ideas about the exterior and would appreciate the opportunity to discuss her ideas with the Committee.

Mr. Nadaskay said the site plan and elevations were formally submitted to the Planning Board and the HPC spent time reviewing same and also met with the architect. He said the HPC has some recommendations.

Mrs. Zimmerman said she appreciates the fact that the HPC worked on this but there has been no opportunity for public input. Mr. Schrier noted that the HPC meetings are open to the public.

There being no others present who asked to be heard, upon motion duly made and seconded the meeting was closed to the public.

NEW BUSINESS

1. Resolution R2005-151

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, ADOPTING CHANGES TO AN EXISTING DEFERRED COMPENSATION PLAN PURSUANT TO THE JOB CREATION AND WORKER ASSISTANCE ACT OF 2002, INTERNAL REVENUE CODE SECTION 457 REGULATIONS (INCLUDING CERTAIN PROPOSED REVISIONS), INTERNAL REVENUE SERVICE REVENUE PROCEDURE 2004-56, AND INTERNAL REVENUE SERVICE REVENUE PROCEDURE 2004-12

WHEREAS, Mendham Township (hereinafter referred to as the “Employer”) by resolution adopted a Deferred Compensation Plan (hereinafter referred to as the “Plan”) effective September 25, 2001, for the purpose of making available to eligible employees the accrual of tax benefits under a Section 457 Deferred Compensation Plan; and

WHEREAS, the Employer by resolution retained The Variable Annuity Life Insurance Company (“VALIC”) as the contractor under the Deferred Compensation Plan and executed a Service Agreement with said contractor; and

WHEREAS, the Job Creation and Worker Assistance Act of 2002 amended Section 457 of the Internal Revenue Code (the “Code”); and

WHEREAS, the Internal Revenue Service (“IRS”) issued final Code Section 457 regulations on July 11, 2003 and proposed Code Section 415 regulations issued May 31, 2005 that modified the Code Section 457 regulations; and

WHEREAS, the IRS has issued model amendments (Revenue Procedure 2004-56) and guidance regarding rollover contributions to eligible retirement plans (Revenue Procedure 2004-12) that apply to Section 457 Plans; and

WHEREAS, the IRS has set a deadline of December 31, 2005, for State and local governmental Section 457(b) plan sponsors to adopt or amend their plans to conform with the Code, regulations and interpretative guidance; and

WHEREAS, the Employer desires its Plan to conform with the changes in the Code, regulations and interpretative guidance; and

WHEREAS, the Employer desires to adopt an amended and restated Plan that conforms with the changes in the Code, regulations and interpretative guidance; and

WHEREAS, such amended and restated Plan shall supersede the previously adopted Plan.

NOW, THEREFORE, BE IT RESOLVED that the Employer does hereby adopt the amended and restated Plan prepared by VALIC and assigned Plan Document identifier 55-PD-VALIC-110305 by the Director of the Division of Local Government Services.

Mr. Schrier made a motion to adopt R2005-151; Mr. Pierson seconded the motion.

ROLL CALL – All present voted YES.

2. Resolution R2005-152a and 152b to be held for next meeting

3. Resolution R2005-153

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING DISCUSSION WITHOUT THE PRESENCE OF THE PUBLIC

WHEREAS, it is deemed appropriate that the Township Committee discuss the matters hereafter mentioned without the presence of the public in accordance with the provisions of R.S. 10:412b, being section 7b of the Open Public Meetings Act.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, as follows:

Matters relating to:

[x] personnel [ ] contract negotiations

[ ] acquisition of property [x] litigation

[ ] attorney/client privilege

shall be discussed by the Township Committee without the presence of the public. It is anticipated that these matters can be disclosed to the public when further action is taken in connection with the discussion.

Mr. Schrier made a motion to adopt R2005-153; Mr. Pierson seconded the motion.

ROLL CALL – All present voted YES>

4. Resolution R2005-154

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING TRANSFER OF ITEMS OF APPROPRIATION IN ACCORDANCE WITH THE PROVISIONS OF NJSA 40A:4-58

WHEREAS, there appears to be insufficient funds in the following 2005

appropriations to meet the demands thereon for the balance of the year:

TO: Administration OE

Clerk OE

Data Processing OE

Tax Assessor SW

Legal - Labor OE

Legal OE

Engineering OE

Environmental Commission OE

Construction Code OE

Insurance OE

Police OE

Streets and Roads OE

Snow Removal OE

Municipal Court SW

WHEREAS, there appears to be a surplus in the following 2005 appropriations over and above the demand deemed to be necessary for the balance of the year:

FROM: Planning Board SW

Planning Board OE

Board of Adjustment OE

Legal-Litigation OE

Police SW

Streets and Roads SW

Buildings and Grounds OE

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that in accordance with the provisions of NJSA 40A:4-58, part of the surplus in the appropriations heretofore mentioned be and the same are hereby transferred to the appropriations mentioned as being insufficient to meet the prior demands.

BE IT FURTHER RESOLVED that the Treasurer is hereby authorized to make the following transfers:

TO: Administration OE $2,000.

Clerk OE 75.

Data Processing OE 1,200.

Tax Assessor SW 750.

Legal - Labor OE 3,500.

Legal OE 1,200

Engineering OE 14,000.

Environmental Commission OE 1,750.

Construction Code OE 3,500.

Insurance OE 2,500.

Police OE 6,500.

Streets and Roads OE 5,000.

Snow Removal OE 12,000.

Municipal Court SW 2,000.

Total $ 55,975.

FROM: Planning Board SW $ 750.

Planning Board OE 1,000.

Board of Adjustment OE 750.

Legal-Litigation OE 25,000.

Police SW 21,750.

Streets and Roads SW 1,750.

Buildings and Grounds OE 5,000

Total $55,975.

A certified copy of this resolution shall be forwarded by the Township Clerk to the Treasurer.

Ms. Florek made a motion to adopt R2005-154; Mr. Phelan seconded the motion.

ROLL CALL – All present voted YES.

5, Resolution R2005-155

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING CANCELLATION OF IMPROVEMENT AUTHORIZATIONS

WHEREAS, certain General Capital Improvement appropriation balances remain dedicated to projects now completed; and

WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be returned to each respective Capital Improvement Fund or credited to Surplus, and unused debt authorizations may be cancelled.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that the following unexpended and dedicated balances of General Capital Appropriations be cancelled:

Amount Amount

Ordinance Project Description Cancelled/Funded Cancelled/Unfunded

2-2000 Records Management-Adm $ 5,000.00

6-2001 Martin’s Lane Water Line $ 5,000.00

13-2001 Municipal Complex Design $ 415.95

16-2002 Ralston Playground Supp. $ 4,524.29

7-2003 Repair Water Leak/Brksd FH $ 7,455.27

Total $ 22,395.61

Mr. Phelan made a motion to adopt R2005-155; Mr. Pierson seconded the motion.

ROLL CALL – All present voted YES.

6. Resolution R2005-156

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, TO AMEND THE 2005

BUDGET

WHEREAS, N.J.S. 40A4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and

WHEREAS, the Township will receive $7,500 from the Highlands Council and wishes to amend its 2005 Budget to include this amount as revenue.

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Mendham, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2005 in the sum of $7,500 which is now available as revenue from:

Miscellaneous Revenues

Special Items of General Revenue Anticipated with Prior Written Consent

Of the Director of Local Government Services:

State and Federal Revenues Offset with Appropriations

Highlands Council Grant

BE IT FURTHER RESOLVED that like sum of $7,500 be and the same is hereby appropriated under the caption of:

General Appropriations

Operations Excluded from 5% CAPS

State and Federal Programs offset by Revenues

Highlands Council Grant $7500.

BE IT FURTHER RESOLVED that the Township Clerk forward two copies of this Resolution to the Director of Local Government Services.

Mr. Schrier made a motion to adopt R2005-156; Mr. Pierson seconded the motion.

ROLL CALL – All present voted YES.

7. Ordinance 17-2005 – First Reading

AN ORDINANCE OF THE TOWNSHIP OF MENDHAM PROVIDING FOR IMPROVEMENTS BY THE TOWNSHIP AND APPROPRIATING $5,000 FROM THE CAPITAL IMPROVEMENT FUND

Mr. Pierson made a motion to adopt Ordinance 17-2006 upon first reading with second reading and public hearing to be schedule for December 28, 2005 at 5:00 p.m.; Mr. Phelan seconded the meeting.

ROLL CALL – All present voted YES.

A copy of Ordinance 17-2005 is attached hereto and made a part hereof.

ADMINISTRATOR REPORT

Mr.Mountain reported that following subcommittee meetings, it appears that the police headquarters site plan will be presented to the Planning Board in January. He said that the area originally selected for the building has been determined to contain buried debris and the alternative site is the area of the ballfield and the final scope of the project has to be prepared. Mr. Mountain also reported that there are still some issues relating to design and cost for the emergency services building and they expect to be ready for bid in February or March.

OPEN ITEMS LIST

The Open Items List was reviewed and updated.

CORRESPONDENCE

1. Czura Stilwell, LLC / MOA

NJ Transit Grant Notification
US Post Office extended hours
Assemblyman DeCroce/Passaic River Basin
Morris County Freeholders/2 Resolutions
NJLM Mayors Fax Advisory (7)
Morris County Freeholders/Medicare Part D announcement
COAH Newsletter
Commissioner Campbell DEP/Known Contaminated Sites Info
Governor Codey/Receipt of Resolution
NJLM/2006 State Legislative Priorities

Mayor Krieg suggested the following resolution, which has been provided by the cable industry for consideration by NJ municipalities:

RESOLUTION URGING THE LEGISLATURE TO REJECT EFFORTS BY TELECOMMUNICATIONS COMPANIES TO ELIMINATE CABLE TELEVISION MUNICIPAL CONSENTS

WHEREAS, the New Jersey Cable Television Act provides a primary role for local governments to negotiate the terms and conditions under which a wireline cable television company may provide cable television service to its residents pursuant to a municipal consent ordinance, and this requirement of law is consistent with the long-standing principle of ascertaining and addressing community cable-related needs at the local level; and

WHEREAS, New Jersey’s wireline cable television companies constructed and now operate cable television systems under municipal consents that address the specific needs of local communities consistent with the provisions of the New Jersey Cable Television Act with expiration terms that range from 5 to 15 years; and

WHEREAS, federal law explicitly prohibits cable companies and municipalities from entering into exclusive franchises, yet, notwithstanding nonexclusivity, construction of competitive wireline cable television systems in New Jersey has not occurred to the extent desired due to economic factors beyond the control of local government; and

WHEREAS. Competition in the provision of cable television service is desirable and has the potential for producing consumer benefits through increased choice and the Township of Mendham supports competition; and

WHEREAS, in order to ensure nondiscriminatory and equal access to competitive services consistent with federal and state law, the Township of Mendham has an obligation to ensure that its residents are among those to whom Verizon’s competitive services will be made available by a date certain; and

WHEREAS, Verizon-NJ has expressed the intention to seek state legislation that would exempt it from the municipal consent process to which all cable television companies now operate and, if such legislation were enacted, would be permitted to offer competitive cable services under one statewide franchise; and

WHEREAS, the process for award of such a statewide franchise will have the effect of eliminating any meaningful opportunity for the Township of Mendham to address the specific cable-related needs that otherwise might be fulfilled by Verizon-NJ and disable the Township of Mendham’s ability to ensure competition is offered on equal terms; and

WHEREAS, municipalities and their residents have a significant and specific interest in the terms and conditions attendant to the award of a cable television franchise.

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Mendham urges the New Jersey State Legislature, in the strongest possible manner, to oppose any effort to eliminate the municipal consent process for competitive providers of cable television service until, at a minimum, a thorough evaluation is completed of the current system and the effect of any proposed changes on local governments, residents, competitors and incumbents Is analyzed; and

BE IT FURTHER RESOLVED that the New Jersey State Legislature request from the New Jersey Board of Public Utilities a report on the status of Verizon-NJ’s commitments and operations under Opportunity NJ and the extent to which Opportunity NJ, or any other instrument of the Board, contemplates and authorizes Verizon-NJ to utilize municipal rights of way for the purpose of providing cable television service and exempts it from the requirement to apply for and obtain a municipal consent as otherwise required of companies that provide or intend to provide cable television service under the New Jersey Cable Television Act (NJSA 48:5A-1, et seq.); and

BE IT FURTHER RESOLVED that a copy of this resolution shall be certified and forwarded to Acting Governor/Senate President Richard J. Codey, Assembly Speaker Albio Sires, Senator Anthony Bucco and Assemblymen Merkt and Carroll.

Mr. Schrier made a motion to adopt this resolution; Ms. Florek seconded the motion.

ROLL CALL – All present voted YES.

Mr. Pierson referred to correspondence from the Borough of Wharton in which they invited all Morris County elected officials to a County Convention to discuss the increasing tax burden on the citizens of NJ. Mayor Krieg and Ms. Florek expressed interest in attending.

Mr. Pierson also noted recent regulations that require planning and zoning board members, mayors and governing body appointee exempted, to obtain five hours of education in order to remain on those boards

LEGISLATIVE REPORT

APPROVAL OF BILL LIST

The Township Committee approved the charges listed by department which list is attached hereto and made a part hereof.

HEARING PERSONS PRESENT

Upon motion duly made and seconded the meeting was opened to the public. No one present asked to be heard. Upon motion duly made and seconded the meeting was closed to the public.

Upon motipn duly made and seconded the Committee went into closed session at 9:31 p.m.

Tom Sateary, of Cooper Rose & English and Scott Holzhauer of Holzhauer & Holenstein, LLC were present to review various state tax appeal settlement figures.

Mr. Phelan updated the Committee on the status of DPW Contract negotiations. Mr. Mountain provided information regarding proposals for the India Brook Park field design as well as an update on the joint library land conveyance agreement. Several personnel matters were discussed. A potential acquisition of property was reviewed and updates on the cell tower case and the emergency services building were provided.

Upon motion duly made and seconded the Committee returned to open session at 11:05 p.m.

The following resolution was offered:

R2005-157

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING SETTLEMENT OF CERTAIN TAX APPEALS PENDING IN THE TAX COURT OF NEW JERSEY WITH RESPECT TO 2004 AND 2005 REAL PROPERTY TAX ASSESSMENTS

WHEREAS, the owners of the following named properties instituted actions in the Tax Court of New Jersey for purposes of appealing the 2004 (1) and 2005 real property tax assessments against such properties; and

WHEREAS, after study and consideration, the Township Tax Assessor has recommended that the foregoing tax appeals be settled as hereinafter provided, such proposed settlements being acceptable to the respective property owners; and

WHEREAS, the governing body of the Township concurs with each of the recommendations of the Township Tax Assessor; and

WHEREAS, a reassessment of properties within the Township of Mendham became effective for the year 2005.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, as follows:

1. The Township Attorney is hereby authorized and directed to execute, on

behalf of the Township, Tax Court of New Jersey Stipulations of Settlement for purposes of effecting settlements of the above-mentioned tax appeals as follows, such settlements to apply to the 2004(1) and 2005 tax years:

Block 104, Lot 9 (Andruskevich)

2004 Assessment 2005 Assessment Settlement Assessment

Land $ 547,800 $ 829,300 (2004) 547,800 (2005) 829,300

Improvements 864,800 1,088,100 541,000 1,088,100

Total 1,412,600 1,917,400 1,088,800 1,917,400

Block 100, Lot 27.07 (Mahan)