MINUTES OF MUNICIPAL COUNCIL WORKSESSION AND REGULAR MEETING January 25, 2021

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1 MINUTES OF MUNICIPAL COUNCIL

WORKSESSION AND REGULAR MEETING January 25, 2021

A Combined Meeting of the Municipal Council of the Township of Edison was held via Zoom Communications. The meeting was called to order at 6:00 p.m. by Council President Diehl followed by the Pledge of Allegiance. Present were Councilmember Coyle, Diehl, Gomez, Patil, and Ship-Freeman

Councilmembers Brescher and Joshi entered at 6:04pm.

Also present were Township Clerk Russomanno, Deputy Township Clerk McCray, Township Attorney London, Business Administrator Ruane, Health Director Elliott, Township Engineer O’Brien, Zoning Officer Ayott, Police Captain Schreck, Water and Sewer Director Smith, Fire Deputy Chief Toth, Tax Assessor Jimenez, Frederick Rubenstein of James P. Nolan and Associates, Paul Beisser, Appraiser, Acting Fire Marshall Matthew Janderel and Jim DeVico, IT.

The Township Clerk advised that adequate notice of this meeting, as required by the Open Public Meetings Act of 1975, has been provided by an Annual Notice sent to The Home News Tribune, The Star Ledger, Criterion Sentinel and Desi Talk on December 11, 2020 and posted in the Main Lobby of the Municipal Complex on the same date. 4. REPORTS FROM ALL COUNCIL COMMITTEES:

Councilmember Ship-Freeman is working on a survey for neighborhoods that have parks for improvement ideas, also senior citizens we are discussing bussing schedules.

Councilmember Coyle, Beautification Committee meeting with Administration regarding a Park Master Plan and beautification. Hope to get involvement form the community through email they can contact myself or Councilmember Ship-Freeman.

Councilmember Brescher, thanked Council President for putting him on Optium Committee.

5. POINTS OF LIGHT

Council President Diehl, we had our annual Martin Luther King, Jr. Short Essay Contest in which one winner from each grade group were chosen the Recreation Department will be contacting the winners shortly. He read all the winners. Congrats to all Winners and Students that participated. He asked Health Director Elliot to explain the Vaccine Scheduling and it will be Covidvaccine.nj.gov or phone is 1-855-568-0545. A live body from 8-8 seven days a week. It will be on the website.

Health Director Elliot addressed the questions from all Councilmembers regarding the vaccination and mega site.

6. FROM THE BUSINESS ADMINISTRATOR:

a. Councilmember Brescher said he only see one vendor. Ms, Ruane said there are three resolutions.

b. No comments were made.

7. FROM THE DEPARTMENT OF FINANCE: a. through g. No comments were made. 8. FROM THE DEPARTMENT OF LAW:

a. Councilmember Gomez said this resolution need a correct in the name.

b. No comments were made.

c. No comments were made.

d. Councilmember Brescher asked for an explanation.

Ms. London explained it is an undersized lot that the Township has not use for so it makes sense to sell.

Councilmember Coyle asked who is the abutting property owner?

Ms. Jimenez, Tax Assessor, it is the Nissan dealership she explained the situation. 9. FROM THE OFFICE OF EMERGENCY MANAGEMENT:

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10. FROM THE DEPARTMENT OF PLANNING AND ENGINEERING: a. through j. No comments were made.

11. FROM THE PUBLIC WORKS:

a. and b. No comments were made.

12. FROM THE DEPARTMENT OF WATER AND SEWER:

a. and b. Councilmember Brescher, he would like a breakdown of what was done in 2020. What is the Plan for these engineering fees?

Director Smith explained they hold all our maps and updates, some carry

over work. They have been here before he got here they were involved with pump station upgrades. He stated we need engineering assistance. They also are involved with Consent Order from the State.

Councilmember Brescher, if we need to fund, but he feels not quite sure we need $250,000 in funding.

13. FROM THE CHIEF OF FIRE:

a. No comments were made.

14. FROM THE CHIEF OF POLICE:

a. No comments were made.

15. FROM THE TOWNSHIP CLERK: a. and b. No comments were made.

c. adding to agenda: Resolution appointing Alvaro Gomez to the Planning Board – R.079- 012021

d. adding to agenda; Resolution for COW Attorney for Racial Flyer, R.080-012021

14. FROM THE COUNCIL MEMBER OF THE PLANNING BOARD: Councilmember Coyle was not allowed to appear.

15. UNFINISHED BUSINESS:

ORDINANCES FOR FURTHER CONSIDERATION AND PUBLIC HEARING:

O.2092-2021 No comments were made.

17. DISCUSSION ITEMS: Council President Diehl: a. None

Councilmember Brescher: a. Ward System

b. He seems to believe Cristo is correct in case law on 1st_{Amendment Rights.}

Ms. London, explained case on 1st_{amendment it is our opinion the council can set reasonable}

regulations. Line gets drawn reasonable who ever says what’s reasonable you are permitted to regulate.

Council President Diehl explained our rules, we give each person during Oral Petitions can talk about clean water, pipe line, etc. anything you want you have 6 minutes. Let’s go back to reasonable threating comments will not be tolerated, Foul language will not be tolerated this is our Council Meeting.

Council Vice President Joshi, added Council President had a valid point, it is an inappropriate to be threating each other everyone should be respectful.

Councilmember Gomez, there is a certain level of respect. We should not compromise, couldn’t agree more.

Councilmember Ship-Freeman, we have enough clown shows throughout Edison.

Council Presidents Diehl, the residents want to see us doing business. We do better when we are civil, not allow threats and foul language.

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3 Councilmember Coyle:

a. Complimenting Jim DeVico

b. More information on COVID for our Seniors

c. Nissan is not a good neighbor. He is not comfortable with selling property more information is needed in the document.

Councilmember Gomez: a. Status on Cares Act funding.

Ms. Ruane explained no word on anything for 2021. Councilmember Joshi:

a. Contest list of winners b. Dolores Avenue drainage.

c. Calvert Avenue are the resident aware d. Margate sidewalks

e. Able Trucking using the road for parking on the main road Councilmember Patil:

a. Follow up on road report what belongs to township Councilmember Ship-Freeman

a. Still accepting application for Human Relations Committee

b. Applaud Joyce Fircha for her work. We need to share information and people should get more involved.

COUNCIL PRESIDENT’S REMARKS:

Council President Diehl thanked everyone for their work tonight especially the Vaccine information. We are ready when we get the vaccine. He repeated the phone number.

APPROVAL OF VOLUNTEER FIREFIGHTER:

Application for membership was received by: Raritan Engine Company #1

Anthony F. Santiago Thomas C. Vail

A motion was made by Councilmember Patil seconded by Councilmember Gomez and duly carried, the above applications were approved.

UNFINISHED BUSINESS ORDINANCES FOR FURTHER CONSIDERATION AND PUBLIC HEARING The following Ordinances, which were introduced by Title on January 11, 2021 passed on first reading, published according to law for further consideration at this meeting, were read by the Township Clerk:

O. 2092-2021 Ordinance Authorizing the Acquisition of Easements for the drainage project affecting properties on Calvert Avenue & Abbott Court and Wayne & Huntington Road Identified on the Tax Maps of the Township of Edison as Block 557.BB, Lot 7.N3; Block 557.BB, Lot 7.N5; Block 557.BB, Lot 8.V; Block557.BB, Lot 7.M; Block 557.T, Lot 36; Block 557.T, Lot 35; Block 557.T, Lot 5; Block 557.T, Lot 6 by Exercise of the Power of Eminent Domain

(The above Ordinance O.2092-2021 can be found in its entirety in Ordinance Book #28) Council President Diehl declared the Public Hearing opened for O.2092-2021

None

Hearing no further comments, on a motion made by Councilmember Gomez seconded by Councilmember Coyle and duly carried, this Public Hearing was closed.

On a motion made by Councilmember Gomez seconded by Councilmember Patil, the Ordinance was adopted. AYES - Councilmembers Brescher, Coyle, Gomez, Joshi, Patil, Ship-Freeman and Council President Diehl NAYS - None

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NEW BUSINESS

PROPOSED ORDINANCES PUBLIC HEARING SET DOWN FOR WEDNESDAY, FEBRUARY 8, 2021 The following Ordinances were introduced by title:

O.2093-2021 AN ORDINANCE AUTHORIZING THE PRIVATE SALE OF

BLOCK 235.A, LOT 63.N ON THE TAX MAPS OF THE TOWNSHIP (LOCATED ON U.S ROUTE 1 IN THE TOWNSHIP), AN

UNDERSIZED LOT NOT NEEDED FOR PUBLIC USE, PURSUANT TO N.J.S.A. 40A:12-13.

On a motion made by Councilmember Gomez seconded by Councilmember Joshi this Ordinance was passed on first reading and ordered published according to law for further consideration and Public Hearing at the next Regular Meeting of the Township Council to be held on February 8, 2021.

AYES - Councilmembers Brescher, Gomez, Joshi, Patil, Ship-Freeman and Council President Diehl NAYS – Councilmember Coyle

O.2094-2021 AN ORDINANCE AMENDING CHAPTER 16 – FIRE

PREVENTION AND PROTECTION OF THE EDISON TOWNSHIP CODE.

On a motion made by Councilmember Gomez seconded by Councilmember Patil this Ordinance was passed on first reading and ordered published according to law for further consideration and Public Hearing at the next Regular Meeting of the Township Council to be held on February 8, 2021.

AYES - Councilmembers Brescher, Coyle, Diehl, Gomez, Joshi, Patil and Council President Ship-Freeman NAYS – None

O.2095-2021 AN ORDINANCE MODIFYING THE PARAMETERS OF THE USE AND PLACEMENT OF CLOTHING DONATION BINS WITHIN THE TOWNSHIP OF EDISON.

On a motion made by Councilmember Brescher seconded by Councilmember Gomez this Ordinance was passed on first reading and ordered published according to law for further consideration and Public Hearing at the next Regular Meeting of the Township Council to be held on February 8, 2021.

AYES - Councilmembers Brescher, Coyle, Gomez, Joshi, Patil, Ship-Freeman and Council President Diehl NAYS – None

PUBLIC COMMENTS AS TO PROPOSED RESOLUTIONS

Council President Diehl opened the meeting to the public for comments on Proposed Resolutions R.033-012021 through R.080-012021.

Cristo, 14 Fox Road, appointing someone to the Planning Board he would like to see Councilmember Coyle again. Also Councilmember Coyle to make South Edison to look like Clara Barton. R.046-012021 is this the Mayor of North Brunswick? R.077-012021 Biral Patel, he just go appointed to Board of Education. Why don’t we hire republicans for board? He asked about the Ethic Board.

There were no other comments from the public regarding Proposed Resolutions. On a motion made by Councilmember Coyle seconded by Councilmember Gomez and duly carried, the public hearing was closed.

Councilmember Gomez requested that Resolution R.044-012021be taken off agenda tonight. All Councilmembers agreed.

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Councilmember Brescher requested that Resolution R.075-012021 and R.076-012021 to be pulled for separate vote. Councilmember Joshi requested that Resolution R.077-012021to be pulled for separate vote.

The following Resolutions R.033-01201 through R.043-012021 and R.045-012021 through R.074-012021 and R.078-012021 through R.080-012021were adopted under the Consent Agenda on a motion made by Councilmember Joshi and seconded by Councilmember Gomez.

RESOLUTION R.033-012021

APPROVAL OF DISBURSEMENT OF FUNDS BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF EDISON FOR THE PERIOD ENDING JANUARY 21, 2021

WHEREAS, the Director of Finance of the Township of Edison has transmitted to the Township Council a Report of Disbursements made through, January 21, 2021.

FUND AMOUNT Current $889,933.41 Affordable Housing 0.00 Capital 225,674.89 Cash Performance 0.00 CDBG 0.00 Developers Escrow 32,802.350

Dog (Animal Control) 23,018.93

Federal Forfeited 0.00 Grant Funds 430,533.75 Law Enforcement 0.00 Open Space 0.00 Park Improvements 11,893.37 Payroll Deduction 0.00 Sanitation Fund 566,484.28 Self Insurance 0.00 Sewer Utility 122,214.72

Tax Sale Redemption 551,072.66

Tree Fund 0.00

Tree Planting 0.00

Trust 899,336.94

Edison Water Utility 719,525.42

Edison Landfill Closure Trust 0.00

TOTAL $4,432,490.87

/s/ Nicholas C. Fargo Chief Financial Officer

NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the Township of Edison, that the above-referenced disbursements report is hereby approved.

Authorizing refund for redemption of tax sale certificates

WHEREAS, the Tax Collector of the Township of Edison, Lina Vallejo, reports and advises that at various sales of land for delinquent taxes held by the Edison Township Collector of Taxes, Middlesex County, New Jersey, the attached listing of tax sale certificates were sold; and

WHEREAS, the Tax Collector further reports that the said tax sale certificates have been redeemed thereof, and further advises that the purchasers of said property are legally entitled to a refund of monies paid at the time of redemption.

NOW THEREFORE, BE IT RESOLVED, by the Municipal Council of the Township of Edison, that the aforementioned recitals are incorporated herein as though fully set forth at length.

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BE IT FURTHER RESOLVED, by the Municipal Council of the Township of Edison, that the appropriate official of the Township is hereby authorized to draw checks to the noted parties in the amounts specified on the attached listing, totaling $599,514.46.

RESOLUTION R.035-012021 Authorizing refund for tax overpayments

WHEREAS, the Tax Collector of the Township of Edison, Lina Vallejo, reports and advises that on various properties located within the Township of Edison, overpayments of real estate taxes have been made due to erroneous or duplicate payments, and

WHEREAS, applications have been made to the Tax Collector for refunds of the said overpayments, and the Tax Collector advises that the requesters are entitled to refunds as provided the attached listing; and

BE IT FURTHER RESOLVED, by the Municipal Council of the Township of Edison that the appropriate official of the Township is hereby authorized to draw checks to the noted parties in the amounts specified on the attached listing totaling $31,245.38.

Authorizing Overpayment Refund caused by Successful Tax Court Appeal

WHEREAS, The Office of the Tax Collector has received a successful tax appeal judgments from the Tax Court of New Jersey for the cases on list attached, and

WHEREAS, in accordance with the Tax Court of New Jersey, the assessed value of the properties has been reduced for the for the tax years indicated in the list, including Freeze Act Year(s), if any, as per provisions of N.J.S.A. 54:51A-8 (Freeze Act), and

WHEREAS, the reduction in assessed value has caused a real estate tax overpayment in the amount and for the years listed, totaling $9,598.84, and may also cause additional real estate tax overpayments for affected tax years for which the tax rate or assessment may not have been finalized, or payment not received or posted at the time of this resolution, and

WHEREAS, per N.J.S.A. 54:3-27.2 (Refund of Excess Taxes; Interest), “in the event a taxpayer is successful in an appeal from an assessment on real estate property, the respective taxing district shall refund any excess taxes paid, together with interest thereon from the date of payment at a rate of 5% per annum, less any amount of taxes, interest, or both, which may be applied against delinquencies pursuant to section 2 of P.L.1983, c.137 (C.54:4-134), within 60 days of final judgment.”, and

WHEREAS, Upon request the tax payer or legal representative and confirmation of the Township’s Tax Appeal Lawyer for the cases interest may be owed, if not waived or if paid after the agreed deadline for waiving, and may be needed to be paid also.

NOW THEREFORE, BE IT RESOLVED, by the Municipal Council of the Township of Edison that the: 1) Aforementioned recitals are incorporated herein as though fully set forth at length.

2) Tax Collector shall and is hereby authorized to adjust the tax accounts to reflect the reductions of assessments ordered by the tax court as indicated above.

3) Appropriate official of the Township of Edison, shall and is hereby authorized to draw check to the property owner or legal representative in the amounts:

a. Listed as part of this resolution totaling $9,598.84.

b. Calculated by the Tax Collector after the setting of the tax rate and final assessment or further review payments, if at such time the account reflects a further overpayment related to this resolution.

c. Of interest at a rate of 5% per annum from the due date to the date of the payments as calculated by the Tax Collector upon request and confirmation of the Township’s Tax Appeal Lawyer.

Authorizing Cancelation and Refund of Taxes for Exempted Disabled Veteran

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7 property taxes; and

WHEREAS, Attached listing includes veterans who have been determined to have suffered a 100% service-related disability, with the determination of said disability being retroactive to the indicated effective date; and their respective owned properties, identified with their block, lot and qualifier, were already billed for indicated tax year; and

WHEREAS, pursuant to N.J.S.A. 54:4-3.32, the governing body of a municipality may cancel by resolution taxes due on a property which would have been exempt had the claim been made at the time they were due; and

WHEREAS, as permitted by N.J.S.A. 54:4-3.32, Township Code Section 5-7(d) also authorizes the return of property taxes for the current year and prior year but not greater than for a twenty-four (24) month period in the aggregate, or, should the Veteran's Administration determine that a veteran's disability date is greater than twenty-four (24) months from the date the applicant submits his/her application with the Tax Assessor's office, the Township will only be obligated to return taxes for a period of no greater than twenty-four (24) months from receipt of a completed application to the Tax Assessor; and

WHEREAS, pursuant to Township Code Section 5-7(d) the listed applicants are also due a refund of property taxes paid from the effective date of the determination; and the Tax Collector has reviewed the applications, approvals and taxes paid and recommends that the listed applicants are entitled to receive refund of paid taxes in the amount indicated on the attached list.

BE IT FURTHER RESOLVED, by the Township Council of the Township of Edison that property taxes due and assessed as specified on the attached list be cancelled for the indicated quarters, tax years and amounts, and also refunded for the municipal property taxes already paid from the effective date; and

BE IT FURTHER RESOLVED, by the Municipal Council of the Township of Edison that the appropriate official of the Township is hereby authorized to draw checks to the noted disabled parties for the taxes already paid during the applicable exemption periods set forth and for the amount specified in the attached list totaling $35,155.48.

WHEREAS, the Local Budget Law, specifically N.J.S.A. 40A:4-19, requires that the governing body of a municipality shall by Resolution make appropriations if any contract, commitments or payments are to be made between the beginning of the Calendar year and the adoption of 2021 budget; and

WHEREAS, the date of this resolution is within the first 30 days of the calendar year, and

WHEREAS, the total amount of 2021 temporary budget is not in excess of 26.25% of 2020 budget, exclusive of debt service, capital improvement fund and public assistance.

NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the Township of Edison, County of Middlesex, New Jersey that the following Temporary Appropriations be made and that a certified copy of this Resolution be transmitted to the Director of Finance for his record.

CURRENT FUND

AMOUNT

BUSINESS ADMINISTRATOR Salary

154,067.03

BUSINESS ADMINSTRATOR Other Expenses

22,035.56

PURCHASING Salary

60,156.08

PURCHASING Other Expenses

24,200.66

PURCHASING CENTRAL STORE Other

Expenses

13,740.30

COMMUNICATIONS/EDISON TV Salary

32,447.37

COMMUNICATIONS/EDISON TV Other

Expenses

14,411.25

PERSONNEL/HR Salary

43,466.59

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PERSONNEL/HR Other Expenses

28,350.00

MAYOR Salary

10,495.80

MAYOR Other Expenses

630.00 COUNCIL Salary

20,259.75

COUNCIL Other Expenses

6531.01

MUNICIPAL CLERK Salary

52,907.67

MUNICIPAL CLERK Other Expenses

45,438.76

ETHICS COMMISSION Other Expenses

2,625.00

FINANCE DEPARTMENT Salary

2,047.50

FINANCE DEPARTMENT Other Expenses

34,243.13

DISBURSEMENTS Salary

50,275.84

DISBURSEMENTS Other Expenses

1,162.35

PAYROLL Salary

15,626.10

PAYROLL Other Expenses

8,446.99

AUDIT SERVICES

18,923.10

DATA PROCESSING Other Expenses

57,962.63

TAX COLLECTION Salary

53,819.85

TAX COLLECTION Other Expenses

9,376.52

TAX ASSESSMENT Salary

85,664.78

TAX ASSESSMENT Other Expenses

38,850.00

LEGAL DEPARTMENT Salary

27,043.01

LEGAL DEPARTMENT Other Expenses

194,250.00

ENGINEERING SERVICES Salary

124,903.28

ENGINEERING SERVICES Other Expenses

69,347.52

PLANNING BOARD Other Expenses

7,140.00

ENVIRONMENTAL COMM Other Expenses

341.26 ZONING BOARD Other Expenses

7,310.63

PLANNING & ZONING DEPT Salary

75,072.64

PLANNING & ZONING Other Expenses

26,775.00

CONSTRUCTION ENFORC AGENCY Salary

402,347.93

CONST ENF AGENCY Other Expenses

97,781.25

RENT CONTROL BOARD Salary

3,937.50

RENT CONTROL BOARD Other Expenses

367.50 GROUP HEALTH INSURANCE

6,317,328.60

EMPLOYEE SALARY AND

WAGES(WAIVERS)

94,500.00

UNEMPLOYMENT INSURANCE EXPENSE

52,500.00

INSURANCE & SURETY Expense

2,100,000.00

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9

LOSAP-Other Expenses

26,250.00

POLICE DEPARTMENT Salary

7,323,747.64

POLICE DEPARTMENT Other Expenses

482,829.38

DISPATCH 911 Salary

592,447.02

DISPATCH 911 Other Expenses

142,931.25

OFFICE OF EMRGNCY MGMT Other Expenses

3,937.50

AID TO VOL FIRE

28,875.00

AID TO VOL FIRST AID

27,562.50

FIRE FIGHTING Salary

5,402,897.85

FIRE FIGHTING Other Expenses

258,817.92

FIRE PREVENTION Salary

86,276.14

FIRE PREVENTION Other Expenses

29,163.75

FIRE HYDRANT CHARGES

464,633.67

STREETS & ROADS Salary

398,488.65

STREETS & ROADS Other Expenses

85,260.00

SOLID WASTE RECYCLING Salary

280,672.88

SOLID WASTE RECYCLING Other Expenses

16,143.75

BUILDINGS & GROUNDS Salary

389,347.61

BUILDINGS & GROUNDS Other Expenses

63,131.25

MUNICIPAL GARAGE Salary

234,635.36

MUNICIPAL GARAGE Other Expenses

25,173.75

POLICE VEHICLES Salary

58,701.56

POLICE VEHICLES Other Expenses

60,598.13

CONDO COMMUNITY COSTS

42,000.00

HEALTH Salary

351,976.02

HEALTH Other Expenses

38,298.77

SENIOR CITIZEN Salary

89,702.29

SENIOR CITIZEN Other Expenses

10,434.39

RECREATION Salary

450,483.35

RECREATION Other Expenses

162,939.54

PARKS & TREES Salary

295,777.13

PARKS & TREES Other Expenses

28,166.25

FREE PUBLIC LIBRARY Salary

772,222.50

FREE PUBLIC LIBRARY Other Expenses

888,858.41

CELEBRATION OF PUBLIC EVENTS

EXPENSES

16,012.50

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PUBLIC BUILDINGS HEAT,LIGHT,POWER

164,062.50

STREET LIGHTING EXPENSE

301,875.00

PUBLIC BUILDINGS TELEPHONE

57,750.00

FUEL & LUBRICANTS Other Expenses

161,659.31

CONTINGENT Expense

13,125.00

PERS Expense

488,496.20

O.A.S.I. (SOCIAL SECURITY) Expense

490,064.66

Defined Contribution Retirement Program

Expenses

9,187.50

PFRS Expemses

2,835,127.58

MUNICIPAL COURT Salary

169,861.13

MUNICIPAL COURT Other Expenses

14,980.88

PUBLIC DEFENDER Salary

9,187.50

PUBLIC DEFENDER Other Expenses

525.00 TOTAL CURRENT FUND

34,854,403.71

SEWER UTILITY FUND

AMOUNT

SEWER Salary

503,862.98

SEWER Other Expenses

1,281,245.98

SEWER Sewerage Disposal Charges

2,887,500.00

SEWER Capital Improvement Projects

1,127,376.30

SEWER Public Emp Retirement Sys (PERS)

251,002.00

SEWER Social Security (OASI)

39,375.00

TOTAL SEWER UTILITY FUND

6,090,362.26

WATER UTILITY FUND

AMOUNT

WATER Salary

329,082.34

WATER Other Expenses

621,628.88

WATER Bulk Water Purchase

1,837,500.00

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11

WATER Capital Outlay

196,875.00

WATER Public Emp Retirement Sys (PERS)

45,041.33

WATER Social Security (OASI)

28,186.99

TOTAL WATER UTILITY FUND

3,058,314.54

SANITATION FUND

AMOUNT

SANITATION Salary

682,500.00

SANITATION Other Expenses

598,141.01

SANITATION EMPLOYEE GROUP HEALTH

INSURANCE

597,211.00

SANITATION Public Emp Retirement Sys (PERS)

184,700.00

SANITATION Social Security (OASI)

52,500.00

SANITATION Disposal Fees

551,250.00

SANITATION Capital Outlay

262,500.00

TOTAL SANITATION FUND

2,928,802.01

EXPLANATION: This Resolution authorizes the settlement of Tax Appeals filed by Camamis Family, LP for Tax Years 2019 and 2020.

WHEREAS, Camamis Family LP (“Taxpayer”), the owner of property located at 174 Lafayette Avenue, Block 691.B, Lot 5.H on the Township of Edison’s Tax Assessment Maps (“Property”), filed a Tax Appeal for the Tax Years 2019 and 2020 with the Tax Court of New Jersey under Docket Numbers 012053-2019 and 011533-2020.

WHEREAS, the Township Council for the Township of Edison met and discussed the aforesaid Tax Appeal and the recommendations of its Township Assessor and Tax Appeal Attorney; and

WHEREAS, the Township Assessor has made such an examination of the value and proper assessment of the Property and has obtained such appraisals, analysis, and information with respect to the valuation and assessment of the Property as deemed necessary and appropriate and has been consulted by the attorney for the taxing district with respect to this settlement; and

WHEREAS, an acceptable settlement of the aforesaid tax appeal has been negotiated in which the Taxpayer agrees to settle its appeal for an assessment at the fair assessable value of the Property consistent with the assessing practices generally applicable in the taxing district and as required by law; and

WHEREAS, the property was originally assessed for the 2019-2020 Tax Years as follows:

2019 2020

Land: $215,000.00 $215,000.00

Improvements: $328,700.00 $328,700.00

Total: $543,700.00 $543,700.00

WHEREAS, the proposed settlement provides for an assessment of the 2019-2020 Tax Years as follows:

2019 2020

Land: $215,000.00 $215,000.00 Improvements: $178,700.00 $178,700.00 Total: $393,700.00 $393,700.00

WHEREAS, the Taxpayer acknowledges that the Township has in part agreed to the settlement in question in consideration for a waiver of the Tax Appeal set forth above; and

WHEREAS, the aforesaid settlement has no general application to other properties within the Township of Edison as a result of the aforesaid specific facts situation; and

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WHEREAS, pursuant to the settlement, the Taxpayer will waive prejudgment; and

WHEREAS, if the refund as a result of this settlement set forth herein is to be refunded, the refund is to be made payable to the Taxpayers and Zipp & Tannenbaum, LLC, Attorneys for Camamis Family LP” and forwarded to Peter J. Zipp, Esq., Zipp & Tannenbaum, LLC, 280 Raritan Center Parkway, Edison, New Jersey 08837 within sixty (60) days of the date of the entry of judgment; and

WHEREAS, the Township Council will make this settlement with the Taxpayer without prejudice to its dealing with any other Edison Township Taxpayer’s request for tax assessment reduction; and

WHEREAS, pursuant to the settlement approved herein, the Taxpayer is entitled to a refund in the amount of $8,442.00 for 2019 and $8,770.50 for 2020.

NOW, THEREFORE BE IT RESOLVED, by the Township Council and the Township of Edison, County of Middlesex and State of New Jersey as follows:

1. For the 2019 and 2020 Tax Years, the Township of Edison Tax Assessor is hereby directed to establish the allocation between land and improvement as follows:

2019 2020

Land: $215,000.00 $215,000.00

Improvements: $178,700.00 $178,700.00

Total: $393,700.00 $393,700.00

2. Interest is waived on the refund, provided such refund is provided as specified herein; and

3. The Tax Appeal Attorney for the Township is hereby authorized to execute a Stipulation of Settlement relative to the Property for Tax Appeals filed for the Tax Years 2019 and 2020 under Docket Numbers 012053-2019 and 011533, Tax Appeals filed by the Taxpayer, owner of the property located at 174 Lafayette Avenue, Block 691.B, Lot 5.H.

4. The Freeze Act shall apply to the judgment to be issued by the New Jersey Tax Court; and

5. The Form of Stipulation of Settlement is annexed hereto, having been received by and approved by the Township Council of the Township of Edison.

NOW, THEREFORE BE IT RESOLVED, that upon receipt of the appropriate Tax Court Judgment(s), the proper Township Officials are hereby authorized to process credits against open tax balances and issue checks consistent.

EXPLANATION: This Resolution authorizes the settlement of Tax Appeals filed by 3775 Park Ave Condo Associates for Tax Years 2014, 2015, 2016, 2017, 2018, TV Edison, LLC for Tax Years 2016, 2017 and 2018 and 3775 Park Ave Associates, LLC for Tax Years 2018 and 2019.

WHEREAS, 3775 Park Ave Condo Associates (“Taxpayer”), the owner of property located at 3775 Park Avenue, Block 556.J, Lot 13.A on the Township of Edison’s Tax Assessment Maps (“Property”), filed a Tax Appeal for the Tax Years 2014, 2015, 2016, 2017, and 2018 with the Tax Court of New Jersey under Docket Numbers 009178-2014, 006507-2015, 006592-2016, 006330-2017 and 004640-2018; and

WHEREAS, TV Edison, LLC (“Taxpayer”), the owner of property located at 3775 Park Avenue, Block 556.J, Lot 13.A on the Township of Edison’s Tax Assessment Maps (Property”), filed a Tax Appeal for the Tax Years 2016, 2017 and 2018 with the Tax Court of New Jersey under Docket Numbers 006598-2016, 006552-2017 and 004633-2018; and

WHEREAS, 3775 Park Avenue Associates, LLC (“Taxpayer”), the owner of property located at 3775 Park Avenue, Block 556.J, Lot 13.A on the Township of Edison’s Tax Assessment Maps (Property”), filed a Tax Appeal for the Tax Years 2018 and 2019 with the Tax Court of New Jersey under Docket Numbers 011490-2018, 011487-2018, 010945-2019 and 010941-2019

WHEREAS, the Township Council for the Township of Edison met and discussed the aforesaid Tax Appeals and the recommendations of its Township Assessor and Tax Appeal Attorney; and

WHEREAS, the Township Assessor has made such an examination of the value and proper assessment of the Property and has obtained such appraisals, analysis, and information with respect to the valuation and

assessment of the Property as deemed necessary and appropriate and has been consulted by the attorney for the taxing district with respect to this settlement; and

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13

WHEREAS, an acceptable settlement of the aforesaid tax appeals has been negotiated in which the Taxpayers agree to settle their appeals for an assessment at the fair assessable value of the Property consistent with the assessing practices generally applicable in the taxing district and as required by law; and

WHEREAS, the property was originally assessed for the 2014-2018 Tax Years as follows: (3775 Park Avenue C0001) 2014 2015 2016 2017 Land: $ 906,600.00 $ 906,600.00 $ 906,600.00 $1,181,200.00 Improvements: $1,830,900.00 $1,830,900.00 $1,830,900.00 $2,362,300.00 Total: $2,737,500.00 $2,737,500.00 $2,737,500.00 $3,453,500.00 2018 $1,181,200.00 $2,362,300.00 $3,453,500.00

2014 2015 2016 2017-2018 Land: $ 906,600.00 $ 906,600.00 $ 906,600.00 $1,181,200.00 Improvements: $1,830,900.00 $1,203,400.00 $1,203,400.00 $2,362,300.00 Total: $2,737,500.00 $2,110,000.00 $2,110,000.00 $3,453,500.00 ================================================================================== ===

WHEREAS, the property was originally assessed for the 2014-2018 Tax Years as follows: (3775 Park Avenue C0002)

2014-2018

Land: $228,400.00

Improvements: $563,000.00

Total: $791,700.00

2014 2015 2016 2017 Land: $228,400.00 $228,400.00 $228,400.00 $228,400.00 Improvements: $563,300.00 $556,476.00 $505,660.00 $498,006.00 Total: $791,700.00 $784,876.00 $734,060.00 $726,406.00 2018 Land: $228,400.00 Improvements: $475,366.00 Total: $703,766.00 ================================================================================== ===

WHEREAS, the property was originally assessed for the 2014-2015 Tax Years as follows: (3775 Park Avenue C0003)

2014-2015

Land: $ 420,700.00

Improvements: $1,060,600.00

Total: $1,481,600.00

2014 2015 Land: $ 420,700.00 $ 420,700.00 Improvements: $1,060,600.00 $1,048,100.00 Total: $1,481,600.00 $1,468,800.00 ================================================================================== ===

WHEREAS, the property was originally assessed for the 2014 Tax Year as follows: (3775 Park Avenue C0004)

2014

Land: $ 72,900.00

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Total: $164,300.00

WHEREAS, the proposed settlement provides for an assessment of the 2014 Tax Year as follows:

2014 Land: $ 72,900.00 Improvements: $ 91,400.00 Total: $164,300.00 ================================================================================== ===

WHEREAS, the property was originally assessed for the 2014-2015 Tax Years as follows: (3775 Park Avenue C005A)

2014-2015

Land: $187,300.00

Total: $659,600.00

2014 2015 Land: $187,300.00 $187,300.00 Improvements: $472,300.00 $466,600.00 Total: $659,600.00 $653,900.00 ================================================================================== ===

WHEREAS, the property was originally assessed for the 2014 Tax Year as follows: (3775 Park Avenue C005B)

2014

Land: $233,400.00

Total: $821,800.00

WHEREAS, the proposed settlement provides for an assessment of the 2014 Tax Year as follows: 2014

Land: $233,400.00

Total: $821,800.00

WHEREAS, the property was originally assessed for the 2014- 2016 Tax Years as follows: (3775 Park Avenue C0006)

2014-2016

Land: $ 391,800.00

Improvements: $ 972,300.00

Total: $1,364,100.00

WHEREAS, the proposed settlement provides for an assessment of the 2014- 2016 Tax Years as follows: 2014 2015 2016

Land: $ 391,800.00 $ 391,800.00 $ 391,800.00 Improvements: $ 972,300.00 $ 960,400.00 $ 872,900.00 Total: $1,364,100.00 $1,352,200.00 $1,264,700.00

WHEREAS, the property was originally assessed for the 2014- 2018 Tax Years as follows: (3775 Park Avenue C0007)

2014-2018

Land: $ 294,300.00

Improvements: $ 741,700.00

Total: $1,036,000.00

WHEREAS, the proposed settlement provides for an assessment of the 2014- 2018 Tax Years as follows:

2014 2015 2016 2017 2018

Land: $ 294,300.00 $ 294,300.00 $294,300.00 $294,300.00 $294,300.00 Improvements: $ 741,700.00 $ 732,800.00 $666,300.00 $656,200.00 $626,600.00

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15

Total: $1,036,000.00 $1,027,100.00 $960,600.00 $950,500.00 $920,900.00

WHEREAS, the property was originally assessed for the 2014- 2015 Tax Years as follows: (3775 Park Avenue C008A)

2014-2015

Land: $124,200.00

Total: $409,800.00

2014 2015

Land: $124,200.00 $124,200.00

Improvements: $285,600.00 $282,000.00

Total: $409,800.00 $406,200.00

WHEREAS, the property was originally assessed for the 2014-2018 Tax Years as follows: (3775 Park Avenue C0008B)

2014-2018

Land: $111,600.00

Total: $393,000.00

2014 2015 2016 2017 2018

Land: $111,600.00 $111,600.00 $111,600.00 $111,600.00 $111,600.00 Improvements: $281,400.00 $278,000.00 $252,800.00 $249,000.00 $237,800.00

Total: $393,000.00 $389.600.00 $364,400.00 $360,600.00 $349,400.00

WHEREAS, the property was originally assessed for the 2014-2018 Tax Years as follows: (3775 Park Avenue C008C) 2014-2018 Land: $251,000.00 Improvements: $615,700.00 Total: $866,700.00

2014 2015 2016 2017 2018

Land: $251,000.00 $251,000.00 $251,000.00 $251,000.00 $251,000.00 Improvements: $615,700.00 $608,200.00 $552,600.00 $544,200.00 $519,400.00

Total: $866,700.00 $859,200.00 $803,600.00 $795,200.00 $770,400.00

WHEREAS, the property was originally assessed for the 2014-2015 Tax Years as follows: (3775 Park Avenue C000P) 2014-2015 Land: $ 82,200.00 Improvements: $103,000.00 Total: $185,200.00

2014 2015

Land: $ 82,200.00 $37,000.00

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Total: $185,200.00 $73,500.00

WHEREAS, the property was originally assessed for the 2014-2018 Tax Years as follows: (3775 Park Avenue C00M6) 2014-2018 Land: $28,100.00 Improvements: $70,100.00 Total: $98,200.00

2014 2015 2016 2017 2018

Land: $28,100.00 $28,100.00 $28,100.00 $28,100.00 $28,100.00

Improvements: $70,100.00 $69,300.00 $63,000.00 $62,000.00 $59,200.00

Total: $98,200.00 $97,400.00 $91,100.00 $90,100.00 $87,300.00

WHEREAS, the property was originally assessed for the 2014-2018 Tax Years as follows: (3775 Park Avenue C00M8) 2014-2018 Land: $23,500.00 Improvements: $58,400.00 Total: $81,900.00

2014 2015 2016 2017 2018

Land: $23,500.00 $23,500.00 $23,500.00 $23,500.00 $23,500.00

Improvements: $58,400.00 $57,700.00 $52,400.00 $51,600.00 $49,300.00

Total: $81,900.00 $81,200.00 $75,900.00 $75,100.00 $72,800.00

WHEREAS, the property was originally assessed for the 2014 Year as follows: (3775 Park Avenue C0M8B) 2014 Land: $23,300.00 Improvements: $29,100.00 Total: $52,400.00

Land: $23,300.00

Total: $52,400.00

WHEREAS, the property was originally assessed for the 2014 Year as follows: (3775 Park Avenue C00M9)

2014

Land: $21,400.00

Total: $75,500.00

Land: $21,400.00

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17

WHEREAS, the property was originally assessed for the 2014 Year as follows: (3775 Park Avenue C0M10) 2014 Land: $20,800.00 Improvements: $52,500.00 Total: $73,300.00

WHEREAS, the proposed settlement provides for an assessment of the 2014 Tax Year as follows: 2014 Land: $20,800.00 Improvements: $52,500.00 Total: $73,300.00 ================================================================================== ===

WHEREAS, the property was originally assessed for the 2014-2018 Years as follows: (3775 Park Avenue C0M11) 2014-2018 Land: $10,700.00 Improvements: $27,000.00 Total: $37,700.00

2014 2015 2016 2017 2018

Land: $10,700.00 $10,700.00 $10,700.00 $10,700.00 $10,700.00

Improvements: $27,000.00 $26,700.00 $24,300.00 $23,900.00 $22,800.00

Total: $37,700.00 $37,400.00 $35,000.00 $34,600.00 $33,500.00

WHEREAS, the property was originally assessed for the 2015-2016 Years as follows: (3775 Park Avenue OFF6)

2015-2016

Land: $ 60,500.00

Total: $211,800.00

WHEREAS, the proposed settlement provides for an assessment of the 2015-2016 Tax Years as follows: 2015-2016 Land: $ 60,500.00 Improvements: $151,300.00 Total: $211,800.00 ================================================================================== ===

WHEREAS, the property was originally assessed for the 2015-2018 Years as follows: (3775 Park Avenue COOM7)

2015-2018

Land: $23,600.00

Total: $81,100.00

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Land: $23,600.00 $23,600.00 $23,600.00 $23,600.00

Improvements: $59,200.00 $53,100.00 $52,300.00 $50,000.00

Total: $81,100.00 $76,700.00 $75,900.00 $73,600.00

================================================================================== ===

WHEREAS, the property was originally assessed for the 2018-2019 Years as follows: (3803 Park Avenue) 2018-2019 Land: $118,200.00 Improvements: $ 0.00 Total: $118,200.00

WHEREAS, the proposed settlement provides for an assessment of the 2018-2019 Tax Years as follows: 2018-2019 Land: $118,200.00 Improvements: $ 0.00 Total: $118,200.00 ================================================================================== ===

WHEREAS, the property was originally assessed for the 2018-2019 Years as follows: (Dellview Drive) 2018-2019 Land: $840,000.00 Improvements: $ 0.00 Total: $840,000.00

WHEREAS, the proposed settlement provides for an assessment of the 2018-2019 Tax Years as follows: 2018-2019 Land: $840,000.00 Improvements: $ 0.00 Total: $840,000.00 ================================================================================== ===

WHEREAS, the Taxpayer acknowledges that the Township has in part agreed to the settlement in question in consideration for a waiver of the Tax Appeals set forth above; and

WHEREAS, the aforesaid settlement has no general application to other properties within the Township of Edison as a result of the aforesaid specific facts situation; and

WHEREAS, pursuant to the settlement, the Taxpayers will waive prejudgment; and

WHEREAS, if the refund as a result of this settlement set forth herein is to be refunded, the refund is to be made payable to the Taxpayer and forwarded to “Zipp & Tannenbaum, LLC, 280 Raritan Center Parkway, Edison, New Jersey 08837 within sixty (60) days of the date of the entry of judgment; and

WHEREAS, the Township Council will make this settlement with the Taxpayer without prejudice to its dealing with any other Edison Township Taxpayer’s request for tax assessment reduction; and

WHEREAS, pursuant to the settlement approved herein, the Taxpayer is entitled to a refund for the amounts set forth in the attached Schedule A; and

NOW, THEREFORE BE IT RESOLVED, by the Township Council and the Township of Edison, County of Middlesex and State of New Jersey as follows:

1. For the 2014, 2015, 2016, 2017 and 2018 Tax Years, the Township of Edison Tax Assessor is hereby directed to establish the allocation between land and improvement as follows:

(3775 Park Avenue C0001)

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19 Land: $ 906,600.00 $ 906,600.00 $ 906,600.00 $1,181,200.00 Improvements: $1,830,900.00 $1,203,400.00 $1,203,400.00 $2,362,300.00 Total: $2,737,500.00 $2,110,000.00 $2,110,000.00 $3,453,500.00 ================================================================================== === (3775 Park Avenue C0002) 2014 2015 2016 2017 Land: $228,400.00 $228,400.00 $228,400.00 $228,400.00 Improvements: $563,300.00 $556,476.00 $505,660.00 $498,006.00 Total: $791,700.00 $784,876.00 $734,060.00 $726,406.00 2018 Land: $228,400.00 Improvements: $475,366.00 Total: $703,766.00 ================================================================================== === (3775 Park Avenue C0003) 2014 2015 Land: $ 420,700.00 $ 420,700.00 Improvements: $1,060,600.00 $1,048,100.00 Total: $1,481,600.00 $1,468,800.00 ================================================================================== === (3775 Park Avenue C0004) 2014 Land: $ 72,900.00 Improvements: $ 91,400.00 Total: $164,300.00 ================================================================================== ===

(3775 Park Avenue C005A)

2014 2015 Land: $187,300.00 $187,300.00 Improvements: $472,300.00 $466,600.00 Total: $659,600.00 $653,900.00 ================================================================================== === (3775 Park Avenue C005B) 2014 Land: $233,400.00 Improvements: $588,400.00 Total: $821,800.00 ================================================================================== === (3775 Park Avenue C0006) 2014 2015 2016 Land: $ 391,800.00 $ 391,800.00 $ 391,800.00 Improvements: $ 972,300.00 $ 960,400.00 $ 872,900.00 Total: $1,364,100.00 $1,352,200.00 $1,264,700.00 (3775 Park Avenue C0007) 2014 2015 2016 2017 2018 Land: $ 294,300.00 $ 294,300.00 $294,300.00 $294,300.00 $294,300.00 Improvements: $ 741,700.00 $ 732,800.00 $666,300.00 $656,200.00 $626,600.00 Total: $1,036,000.00 $1,027,100.00 $960,600.00 $950,500.00 $920,900.00

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(3775 Park Avenue C008A) 2014 2015 Land: $124,200.00 $124,200.00 Improvements: $285,600.00 $282,000.00 Total: $409,800.00 $406,200.00 (3775 Park Avenue C0008B) 2014 2015 2016 2017 2018 Land: $111,600.00 $111,600.00 $111,600.00 $111,600.00 $111,600.00 Improvements: $281,400.00 $278,000.00 $252,800.00 $249,000.00 $237,800.00 Total: $393,000.00 $389.600.00 $364,400.00 $360,600.00 $349,400.00 (3775 Park Avenue C008C) 2014 2015 2016 2017 2018 Land: $251,000.00 $251,000.00 $251,000.00 $251,000.00 $251,000.00 Improvements: $615,700.00 $608,200.00 $552,600.00 $544,200.00 $519,400.00 Total: $866,700.00 $859,200.00 $803,600.00 $795,200.00 $770,400.00 (3775 Park Avenue C000P) 2014 2015 Land: $ 82,200.00 $37,000.00 Improvements: $103,000.00 $36,500.00 Total: $185,200.00 $73,500.00 (3775 Park Avenue C00M6) 2014 2015 2016 2017 2018 Land: $28,100.00 $28,100.00 $28,100.00 $28,100.00 $28,100.00 Improvements: $70,100.00 $69,300.00 $63,000.00 $62,000.00 $59,200.00 Total: $98,200.00 $97,400.00 $91,100.00 $90,100.00 $87,300.00 (3775 Park Avenue C00M8) 2014 2015 2016 2017 2018 Land: $23,500.00 $23,500.00 $23,500.00 $23,500.00 $23,500.00 Improvements: $58,400.00 $57,700.00 $52,400.00 $51,600.00 $49,300.00 Total: $81,900.00 $81,200.00 $75,900.00 $75,100.00 $72,800.00 (3775 Park Avenue C0M8B) 2014 Land: $23,300.00 Improvements: $29,100.00 Total: $52,400.00 (3775 Park Avenue C00M9) 2014 Land: $21,400.00 Improvements: $54,100.00 Total: $75,500.00

(21)

21 (3775 Park Avenue C0M10) 2014 Land: $20,800.00 Improvements: $52,500.00 Total: $73,300.00 ================================================================================== === (3775 Park Avenue C0M11) 2014 2015 2016 2017 2018 Land: $10,700.00 $10,700.00 $10,700.00 $10,700.00 $10,700.00 Improvements: $27,000.00 $26,700.00 $24,300.00 $23,900.00 $22,800.00 Total: $37,700.00 $37,400.00 $35,000.00 $34,600.00 $33,500.00

(3775 Park Avenue OFF6)

2015-2016 Land: $ 60,500.00 Improvements: $151,300.00 Total: $211,800.00 ================================================================================== ===

(3775 Park Avenue COOM7)

2015 2016 2017 2018 Land: $23,600.00 $23,600.00 $23,600.00 $23,600.00 Improvements: $59,200.00 $53,100.00 $52,300.00 $50,000.00 Total: $81,100.00 $76,700.00 $75,900.00 $73,600.00 ================================================================================== === (3803 Park Avenue) 2018-2019 Land: $118,200.00 Improvements: $ 0.00 Total: $118,200.00 ================================================================================== === (Dellview Drive) 2018-2019 Land: $840,000.00 Improvements: $ 0.00 Total: $840,000.00 ================================================================================== ===

3. The Tax Appeal Attorney for the Township is hereby authorized to execute a Stipulation of Settlement relative to the Property for Tax Appeals filed for the Tax Years 2014, 2015, 2016 2017 and 2018 with the Tax Court of New Jersey under Docket Numbers 009178-2014, 006507-2015, 006592-2016, 006330-2017 and 004640-2018; for Tax Appeals filed for the Tax Years 2016, 2017 and 2018 with the Tax Court of New Jersey under Docket Numbers 006598-2016, 006552-2017 and 004633-2018; and for Tax Appeals filed for the Tax Years 2018 and 2019 with the Tax Court of New Jersey under Docket Numbers 011490-2018, 011487-2018, 010945-2019 and 010941-2019;

4. The Freeze Act shall apply to the judgment to be issued by the New Jersey Tax Court; and

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NOW, THEREFORE BE IT RESOLVED, that upon receipt of the appropriate Tax Court Judgment(s), the proper Township Officials are hereby authorized to process credits against open tax balances and issue checks consistent with the Tax Court Judgments.

EXPLANATION: This Resolution authorizes the settlement of Tax Appeals filed by BCE Associates, LP C-O Denholtz EPROP Tax for the Tax Years 2016 through 2020.

WHEREAS, BCE Associates, LP C-O Denholtz EPROP Tax (“Taxpayer”), the owner of property located at 1090 King Georges Post Road, Block 390.B, Lots 1.D and 1.E and 10 on the Township of Edison’s Tax Assessment Maps (“Property”), filed Tax Appeals for the years 2016, 2017, 2018, 2019 and 2020 with the Tax Court of New Jersey under Docket Numbers 004563-2016, 004890-2017, 005830-2018, 006427-2019 and 004263-2020.

WHEREAS, BCE Associates, LP C-O Denholtz EPROP Tax (“Taxpayer”), the owner of property located at 10 Clearview Road, Block 390.B, Lot 1.F on the Township of Edison’s Tax Assessment Maps (“Property”), filed Tax Appeals for the years 2016, 2017, 2018, 2019 and 2020 with the Tax Court of New Jersey under Docket Numbers 006528-2016, 004854-2017, 005835-2018, 006434-2019 and 004259-2020.

WHEREAS, the Township Council for the Township of Edison met and discussed the aforesaid tax appeals and the recommendations of its Township Assessor and Tax Appeal Attorney; and

WHEREAS, the Township Assessor has made such an examination of the value and proper assessment of the Properties and has obtained such appraisals, analysis, and information with respect to the valuation and assessment of the Properties as deemed necessary and appropriate and has been consulted by the attorney for the taxing district with respect to this settlement; and

WHEREAS, an acceptable settlement of the aforesaid tax appeals has been negotiated in which the Taxpayer agrees to settle its appeal for an assessment at the fair assessable value of the Properties consistent with the assessing practices generally applicable in the taxing district and as required by law; and

WHEREAS, Block 390.B, Lot 1.F, the property was originally assessed for the 2016-2020 Tax Years as follows:

2016-2020

Land: $ 612,500.00

Total: $1,615,500.00

WHEREAS, the proposed settlement for Block 390.B, Lot 1.F provides for an assessment of the 2016-2020 Tax Years as follows:

2016-2020 Land: $ 612,500.00 Improvements: $1,003,000.00 Total: $1,615,500.00 ================================================================================== ===

WHEREAS, Block 390.B, Lot 1.D, the property was originally assessed for the 2016-2020 Tax Years as follows:

2016-2020

Land: $ 612,500.00

Total: $1,737,500.00

WHEREAS, the proposed settlement for Block 390.B, Lot 1.D provides for an assessment of the 2016-2020 Tax Years as follows:

2016-2020 Land: $ 612,500.00 Improvements: $1,125,000.00 Total: $1,737,500.00 ================================================================================== ===

WHEREAS, Block 390.B, Lot 1.E, the property was originally assessed for the 2016-2020 Tax Years as follows:

2016-2020

Land: $ 612,500.00

Improvements: $1.371,700.00

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WHEREAS, the proposed settlement for Block 390.B, Lot 1.E provides for an assessment of the 2016-2020 Tax Years as follows:

2016-2018 2019-2020

Land: $ 612,500.00 $ 612,500.00

Improvements: $1.371,700.00 $1,246,700.00

Total: $1,984,200.00 $1,859,200.00

WHEREAS, the parties agree that the 2021 total assessments of the subject properties shall be no greater than:

Block 390.B, Lot 1.F: $1,440,500.00 Block 390.B, Lot 1.D: $1,537,500.00 Block 390.B, Lot 1.E: $1,859,200.00

WHEREAS, the Taxpayer acknowledges that the Township has in part agreed to the settlement in question in consideration for a waiver of the Tax Appeals set forth above; and

WHEREAS, if the refund as a result of this settlement set forth herein is to be refunded, the refund is to be made payable to the “BCE Associates, LP C-O Deholtz EPROP Tax and McCarter & English, LLP.” and forwarded to Frank E. Ferruggia, Esq., McCarter & English, LLP, Four Gateway Center, 100 Mulberry Street, P.O. Box 652, Newark, New Jersey 07101-0652 within sixty (60) days of the date of the entry of the Judgments; and

WHEREAS, pursuant to the settlement approved herein, the Taxpayer is entitled to a refund in the amount of $7,035.00 for 2019 and $7,311.22 for 2020.

NOW, THEREFORE BE IT RESOLVED, by the Township Council and the Township of Edison, County of Middlesex and State of New Jersey as follows:

WHEREAS, Block 390.B, 1.E, for the 2016 through 2020 Tax Years, the Township of Edison Tax Assessor is hereby directed to establish the allocation between land and improvement as follows:

2016-2018 2019-2020

Land: $ 612,500.00 $ 612,500.00

Improvements: $1.371,700.00 $1,246,700.00

Total: $1,984,200.00 $1,859,200.00

2. The Tax Appeal Attorney for the Township is hereby authorized to execute a Stipulation of Settlement relative to the Properties for Tax Appeals filed for the years 2016, 2017, 2018, 2019, and 2020 with the Tax Court of New Jersey under Docket Numbers 004563-2016, 004890-2017, 005830-2018, 006427-2019 and 004263-2020 for the property located at 1090 King Georges Post Road, Block 390.B, Lots 1.D and 1.E and for Tax Appeals filed for the years 2016, 2017, 2018, 2019 and 2020 with the Tax Court of New Jersey under Docket Numbers 006528-2016, 004854-2017, 005835-2018, 006434-2019 and 004259-2020 for the property located at 10 Clearview Road, Block 390.B, Lot 1.F.

3. The Freeze Act will apply to the judgment to be issued by the New Jersey Tax Court; and

NOW, THEREFORE BE IT RESOLVED, that upon receipt of the appropriate Tax Court Judgment(s), the proper Township Officials are hereby authorized to process credits against open tax balances and issue checks consistent with the amount credited for the foregoing assessment.

EXPLANATION: This Resolution authorizes the settlement of Tax Appeals filed by Tano Shopping Center, LTD for the Tax Years 2016 through 2020.

WHEREAS, Tano Shopping Center Ltd. (“Taxpayer”), the owner of property located 1199 Amboy Avenue, Block 722, Lot 36 on the Township of Edison’s Tax Assessment Maps (“Property”), filed Tax Appeals for the years 2016, 2017, 2018 2019 and 2020 with the Tax Court of New Jersey under Docket Numbers 007160-2016, 002626-2017, 004265-2018,003183-2019 and 003065-2020.

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WHEREAS, the Township Council for the Township of Edison met and discussed the aforesaid tax appeals and the recommendations of its Township Assessor and Tax Appeal Attorney; and

WHEREAS, the Township Assessor has made such an examination of the value and proper assessment of the Property and has obtained such appraisals, analysis, and information with respect to the valuation and assessment of the Property as deemed necessary and appropriate and has been consulted by the attorney for the taxing district with respect to this settlement; and

WHEREAS, an acceptable settlement of the aforesaid tax appeal has been negotiated in which the Taxpayer agrees to settle its appeal for an assessment at the fair assessable value of the Property consistent with the assessing practices generally applicable in the taxing district and as required by law; and

WHEREAS, Block 722, Lot 36, the property was originally assessed for the 2016-2020 Tax Years as follows:

2016-2020

Land: $2,407,500.00

Total: $6,968,800.00

WHEREAS, the proposed settlement provides for an assessment of the 2016, 2017, 2018, 2019, and 2020 Tax Years as follows:

2016 2017-2020

Land: $2,407,500.00 $2,407,500.00

Improvements: $4,161,300.00 $4,561,300.00

Total: $6,568,800.00 $6,968,800.00

WHEREAS, the Taxpayer acknowledges that the Township has in part agreed to the settlement in question in consideration for a waiver of the Tax Appeals set forth above; and

WHEREAS, if the refund as a result of this settlement set forth herein is to be refunded, the refund is to be made payable to the “Tano Shopping Center, Ltd. Sitar Law Offices, LLC, Attorney Trust Account”, and forwarded to Sitar Law Offices, LLC, 1481 Oak Tree Road, Iselin, New Jersey 08830 within sixty (60) days of the date of the entry of the Judgments; and

WHEREAS, pursuant to the settlement approved herein, the Taxpayer is entitled to a refund in the amount of $21,104.00 for 2016 only.

NOW, THEREFORE BE IT RESOLVED, by the Township Council and the Township of Edison, County of Middlesex and State of New Jersey as follows:

5. For Block 722, Lot 36 for the 2016 through 2020 Tax Years, the Township of Edison Tax Assessor is hereby directed to establish the allocation between land and improvement as follows:

2016 2017-2020

Land: $2,407,500.00 $2,407,500.00

Improvements: $4,161,300.00 $4,561,300.00

Total: $6,568,800.00 $6,968,800.00

7. The Tax Appeal Attorney for the Township is hereby authorized to execute a Stipulation of Settlement relative to the Property for Tax Appeals filed for the years 2016, 2017, 2018, 2019, and 2020 under Docket Numbers 007160-2016, 002626-2017, 004265-2018, 003183-2019 and 003065-2020 by the Taxpayer, owner of the Property located at 1199 Amboy Avenue, Block 390.F, Lot 2.

8. The Freeze Act will apply to the judgment to be issued by the New Jersey Tax Court; and

NOW, THEREFORE BE IT RESOLVED, that upon receipt of the appropriate Tax Court Judgments, the proper Township Officials are hereby authorized to process credits against open tax balances and issue checks consistent with the amount credited for the foregoing assessment.