FH Minutes 2011-03-09

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8/7/2019 FH Minutes 2011-03-09


8/7/2019 FH Minutes 2011-03-09


BOARD OF CHOSEN FREEHOLDERS – MARCH 9, 2011

BE IT ORDAINED BY THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF

MORRIS, NEW JERSEY (not less than two-thirds of all the members thereof

affirmatively concurring), AS FOLLOWS:

Section 1. The improvements described in Section 3 of this bond

ordinance are hereby respectively authorized as improvements to be made or

acquired by the County of Morris, New Jersey (the “County”). For the saidimprovements or purposes stated in said Section 3, there is hereby

appropriated the sum of $3,000,000, said sum being inclusive of all

appropriations heretofore made therefor and including the sum of $145,000 as

the down payment for said improvements or purposes required by law or more

particularly described in said Section 3 and now available therefore by

virtue of provision in the previously adopted budget or budgets of the County

for down payments or for capital improvement purposes.

Section 2. For the financing of said improvements or purposes and to

meet the part of said $3,000,000 appropriation not provided for by

application hereunder of said down payment, negotiable bonds of the County

are hereby authorized to be issued in the principal amount of $2,855,000

pursuant to the Local Bond Law of New Jersey. In anticipation of the

issuance of said bonds and to temporarily finance said improvements or

purposes, negotiable notes of the County in the principal amount not

exceeding $2,855,000 are hereby authorized to be issued pursuant to and

within the limitations prescribed by said Law.

Section 3. (a) The improvements hereby authorized and the purposes

for the financing of which said obligations are to be issued are for the

construction of the utility relocation and site demolition work associated

with the construction of the Morris County Public Safety Training Academy

expansion, including all work and materials necessary therefor and incidental

thereto (all as shown on and in accordance with the plans and specifications

therefore on file in the office of the Clerk of the Board of Chosen

Freeholders and hereby approved).

(b) The estimated maximum amount of bonds or notes to be issued for

said purposes is $2,855,000.

(c) The estimated cost of said purposes is $3,000,000 which amount

represents the initial appropriation made by the County. The excess of the

appropriation of $3,000,000 over the estimated maximum amount of bonds or

notes to be issued therefor being the amount of said $145,000 down payment

for said purposes.

Section 4. The following matters are hereby determined, declared,

recited and stated:

(a) The said purposes described in Section 3 of this bond ordinance

are not current expenses and are each a property or improvement which the

County may lawfully acquire or make as general improvements, and no part of

the cost thereof has been or shall be specially benefited thereby.

(b) The period of usefulness of said purposes within the limitations

of said Local Bond Law and according to the reasonable life thereof computed

from the date of said bonds authorized by this bond ordinance, is 20 years.

(c) The supplemental debt statement required by said Law has been

duly made and filed in the office of the Clerk of the Board of Chosen

Freeholders and a complete executed duplicate thereof has been filed in the

office of the Director of the Division of Local Government Services in the

Department of Community Affairs in the State of New Jersey (the “Division”),

and such statement shows that the gross debt of the County as defined in saidLaw is increased by the authorization of the bonds and notes provided for in

this bond ordinance by $2,855,000 and the said obligations authorized by this

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Any such funds so received may, and all such funds so received which are not

required for direct payment of the cost of said improvements or purposes

shall, be held and applied by the County as funds applicable only to the

payment of obligations of the County authorized by this bond ordinance.

Section 6. The full faith and credit of the County are hereby pledged

to the punctual payment of the principal of and interest on the saidobligations authorized by this bond ordinance. Said obligations shall be

direct, unlimited obligations of the County, and the County shall be

obligated to levy ad valorem taxes upon on all of the taxable property within

the County for the payment of said obligations and interest thereon without

limitation of rate or amount.

Section 7. The capital budget of the County of Morris is hereby

amended to conform with the provisions of this ordinance to the extent of any

inconsistency herewith. The resolution in the form promulgated by the Local

Finance Board showing full detail of the amended capital budget and capital

program as approved by the Director of the Division of Local Government

Services is on file with the Clerk of the Board of Chosen Freeholders of the

County of Morris and is available there for public inspection.

Section 8. The County reasonably expects to finance the cost of the

improvements described in Section 3 of this bond ordinance with the proceeds

of its debt, including its bonds or notes. If the County pays such costs

prior to the issuance of its debt, including bonds or notes, the County

reasonably expects to reimburse such expenditures with the proceeds of its

debt, including bonds or notes. The maximum principal amount of its debt,

including bonds or notes, to be issued to finance the cost of the

improvements described in Section 3 of this bond ordinance, including amounts

to be used to reimburse the County for expenditures with respect to such

costs which are paid prior to the issuance of its debt, including bonds or

notes, is $2,855,000.

Section 9. This bond ordinance shall take effect twenty (20) daysafter the first publication thereof after final adoption, as provided by said

Local Bond Law.

Director Chegwidden stated: “The Public Hearing is now open.” There

were no public comments, and the Director declared the Public Hearing closed.

Freeholder Murphy moved that the ordinance under consideration be

adopted on the second and final reading. Freeholder Cabana seconded the

motion.

The Deputy Clerk called and recorded the following vote.

YES: Freeholders Cabana, Feyl, Murphy Nordstrom,

and Director Chegwidden (5)

NO: Freeholders Grossi, Mastrangelo (2)

Freeholder Murphy moved that the Clerk be authorized to publish the

Ordinance in summary form and notification of its passage in the local

newspaper in accordance with the law. Freeholder Cabana seconded the motion

which passed with five YES votes.

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PUBLIC PORTION

A group of students and individuals voiced their support of the County

College Board of Trustees’ decision to allow undocumented aliens attend

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Ms. Ruiz from Pine Brook distributed letters of support. Leanna Brown

from Chatham Borough handed out a booklet entitled, “Overcoming the Barriers

Faced by Immigrants.” Esperanza Porras-Field and Tom Kadala distributed

letters to the Board. A document prepared by IHEP entitled, “Opening the

Door to the American Dream: Increasing Higher Education Access and Success

for Immigrants” was also given to the Board. All of these documents are on

file.

Those people in the audience who supported the Freeholder Board’s

decision were Barbara Eames of Morris Patriots from Whippany and Charles

Sorce from Succasunna.

Director Chegwidden thanked the speakers for their input. The Director

told the audience that he doubted the Freeholder Board would change its

position. Freeholders Cabana, Feyl and Murphy expressed their support of the

Freeholder Board’s position with first priority for admissions given to US

citizens and to return back to the pre-9/11 policy to admit undocumented

aliens at the out-of-state tuition rate.

--

Freeholder Cabana presented the following resolutions:

(1)

BE IT RESOLVED by the Board of Chosen Freeholders of the County of

Morris in the State of New Jersey as follows:

1. That the Memorandum of Understanding between the County of Morris and

the Morris County Tourism Bureau (MCTB), a copy of which is on file in

County Administrator’s Office and made a part hereof by reference, is

hereby approved.

2. The Morris County will provide a grant of $186,000 to the MCTB incalendar year 2011 in accordance with the Memorandum of Understanding.

3. That the Director of the Board of Chosen Freeholders is hereby

authorized to sign and execute the aforesaid Memorandum of

Understanding.

4. That the County Treasurer is hereby authorized to issue a Certificate

of Availability of Funds charging account #01-20-110100-079 as to the

funds herein committed.

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(2)

WHEREAS, the New Jersey State Agriculture Development Committee (SADC)

has approved a grant to Morris County for the purchase of a development

easement from Edward E. Terry, to the County of Morris, for Block 38, Lot 11,

Washington Township, Morris County, New Jersey; and

WHEREAS, the Board of Chosen Freeholders of the County of Morris is

desirous of authorizing the County Treasurer to draw County Funds in an

amount representing the SADC’s cost share and the county share for the

purchase of said development easement rights.

NOW THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders of

the County of Morris as follows:

1. That Morris County accepts from the SADC a grant for 25.81% of the

purchase price and 25.81% of the SADC certified value of thedevelopment easement representing the State’s cost share of the

purchase price to Edward E. Terry to the County of Morris, for Block

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3. This resolution will take effect in accordance with the law.

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(3)

WHEREAS, on June 22, 2005 an agreement was entered into between theCounty of Morris and Lojeta Group (formerly Lojeta Parsipany) 3501 North

Ocean Drive, Hollywood, Florida 33019 which allowed the Director of Finance/

County Treasurer to retain twenty (20%) percent of Eleven Thousand One

Hundred Fifty Two Dollars and Fifty Cents ($11,152.50) which is Two Thousand

Two Hundred Thirty Dollars and Fifty Cents ($2,230.50) to be placed on

deposit in an interest bearing account with the County through its Road

Inspection Office in lieu of a Maintenance Bond for Road Opening Permit #04-

03 for work and construction done on Parsippany Boulevard, Parsippany, N.J.

to install a new driveway and water/sewer lines.

WHEREAS, the Engineering Division of the County of Morris has requested

that the County of Morris through its Director of Finance/County Treasurer to

release the sum of Two Thousand Thirty Dollars and Fifty Cents ($2,230.50)

together with accrued interest on said amount to Lojeta Group (formerly

Lojeta Parsippany) 3501 North Ocean Drive, Hollywood, Florida 33019.

NOW THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of the

County of Morris that the Director of Finance/County Treasurer be and is

hereby authorized to release the sum of Two Thousand Two Hundred Thirty

Dollars and Fifty Cents ($2,230.50) together with accrued interest on and

amount to Lojeta Group (formerly lojeta Parsippany) together with accrued

interest on said amount to Lojeta Group (formerly Lojeta Parsippany) 3501

North Ocean Drive, Hollywood, Florida 33019.

--

(4)WHEREAS, on October 27, 2010 a contract in the amount of Four Hundred

Twenty Eight Thousand Three Hundred Eighty Two Dollars and Twenty Cents

($428,382.20) was awarded to Tilcon New York, Inc., for labor, materials, and

services rendered in the 2010-1 Various Paving Projects (Boonton Avenue) –

Township of Montville and the Borough of Kinnelon, New Jersey.

WHEREAS, it has become necessary to decrease the amount of the Contract

by Seventeen Thousand Three Hundred Twenty Eight Dollars and Eighty One Cents

($17,382.81).

NOW, THEREFORE BE IT RESOLVED by the Board of Chosen Freeholders of the

County of Morris in the State of New Jersey as follows:

1. Change Order No. 1 dated February 22, 2011, Tilcon New York, Inc., 625

Mount Hope Road, Wharton, New Jersey 07885 covering an decrease in the

Contract amount of Seventeen Thousand Three Hundred Twenty Eight

Dollars and Eighty One Cents ($17,328.81), bringing the total contract

price to Four Hundred Eleven Thousand Fifty Three Dollars and Thirty

Nine Cents ($411,053.59) is hereby approved.

2. Certificates of Availability of Funds has been issued under Capital

Account No. FMS #04-216-55-953165-951, CAF# 26011.

3. The Director and the County Engineer are authorized to execute said

Change Order.

4. This resolution shall take effect immediately.

--

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WHEREAS, endorsement of the Capital Transportation Program does not

constitute an authority to spend or require approval of higher authority,

merely outlines future capital improvement needs for an orderly appraisal of

fiscal policy; and

WHEREAS, the Capital Transportation Program can be amended by the Boardof Chosen Freeholders of the County of Morris, anytime; and

NOW THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders of

the county of Morris in the State of New Jersey as follows:

1. The Capital Transportation Program, for the State fiscal Year 2011 is

hereby endorsed by the Board of Chosen freeholders and is on file at

the Morris County Division of Transportation Management Office and made

a part hereof by reference.

2. The Director of the Board of Chosen Freeholders is hereby authorized to

sign and execute the application and Agreement for State Aid to

Counties and Municipalities for the State Fiscal Year 2011 with the

New Jersey Department of Transportation, a copy of which is on file in

the Office of the Transportation Management and made a part hereof by

reference.


--

(6)

RESOLVED that the Director is hereby authorized to execute and the

Clerk shall attest and affix the seal to the Release of Receipt of Grant and

Lien in the matter of the client(s), and the Clerk shall deliver the same to

Community Development.

Nicolas J. Parisi

Rose Ruesch

--

(7)

BE IT RESOLVED, by the Board of Chosen Freeholders of the County of

Morris in the State of New Jersey that the Director of the Board of Chosen

Freeholders is hereby authorized to sign and execute an agreement with Sussex

County to house Sussex County Youth Shelter Placements at the Morris County

Youth Shelter, a copy of which is on file in the Office of the County

Administrator and made a part hereof by reference.

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(8)

WHEREAS, there exists the need for three (3) additional Congregate

Nutrition Sites in Morris County;

NOW THEREFORE, BE IT RESOLVED, BY THE Board of Chosen Freeholders of

the County of Morris in the State of New Jersey as follows:

1. The Director of the Board of Chosen Freeholders is hereby authorized

to sign and execute the nutrition lease agreements with the following

parties, copies of which are on file in the Division on Aging,

Disabilities and Veterans and made a part hereof by reference.

Butler

Borough of Butler $8,500

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3. Upon final adoption of the budget, a Certificate of Availability of

Funds shall be issued for the remaining balance, subject to the

appropriation of sufficient funds.

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(9)With respect to recent bidding for the provision of Renovations to the

Schuyler Office Building Second Floor into Classrooms and Offices for County

College of Morris, New Jersey, a contract is hereby awarded to the lowest,

most responsible bidder as follows:

Peterson & Staeger, Inc. TOTAL

70 Highway 35 $799,000.00 (not to exceed)

Keyport, NJ 07735

Term: not to exceed Seventy-Five (75) calendar days

Budget: 04-216-55-953238-951 = $333,000.00

02-213-41-864905-391 = $119,870.00

04-216-55-953194-951 = $346,130.00

Dept: Engineering

The Treasurer is hereby authorized to issue a Certificate of

Availability of Funds.

The Purchasing Agent is hereby authorized to execute said contract as

prepared by county Counsel.

This resolution shall take effect immediately.

This contract is awarded pursuant to a fair and open process in

compliance with N.J.SD.A. 19:44A-20.4, et seq.

--

(10)

WHEREAS, on February 11, 2010 the County of Morris entered into an

agreement with KSK Architects, Planners, Historians, Inc., for provision of

consulting services with respect to updating historic site surveys for Morris

County, for $113,310.00 for period February 10, 2010 through February 16,

2011; and,

WHEREAS, it has become necessary to extend the term of the agreement to

June 30, 2011; and,

WHEREAS, KSK Architects, Planners, Historians, Inc. agrees to perform

the services; and,

WHEREAS, the contract was awarded as a competitive bid through a fair

and open process pursuant to N.J.S.A. 19:44A-20.4 et seq.;

NOW, THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders of


1. The amendment to the agreement with KSK Architects, Planners,

Historians, Inc. 123 South Broad Street, Suite 2250, Philadelphia PA,

19109-1029 for the period February 10, 2010 through June 30, 2011,

extending the term as set forth above, a copy of which is on file in

the Office of the County Purchasing Agent and made a part hereof by

reference, is hereby approved and entered into by this Board.


sign and execute the amendment, conditioned upon the contractor’s

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(16)

WHEREAS, the following Grant Fund budget appropriation balance remain

unexpended:

860905 General Operating Support $44.63

WHEREAS, it is necessary to formally cancel said balance so that theGrant program may be closed out and removed form the open balance, and

WHEREAS, it may be necessary to refund any excess fund received from

the Grant Agency if we received funding in excess of the requirement of the

program.

NOW, THEREFORE BE IT RESOLVED by the Board of Chosen Freeholders that

the above listed balance in the grant fund be canceled and any excess fund

received be returned to the appropriate Grant Agency.

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(17)

WHEREAS, the following Grant Fund budget appropriation balance has been

reduced:

784060 County Animal Response Team $5,841.08

WHEREAS, it is necessary to formally cancel said balance,

AND WHEREAS, it may be necessary to refund any excess fund received

from the Grant Agency if we received funding in excess of the requirement of

the program.

NOW, THEREFORE BE IT RESOLVED by the Board of Chosen Freeholders that

the above listed balance in the grant fund be canceled and any excess fund

received be returned to the appropriate Grant Agency.

--

(18)


Morris in the State of New Jersey that the Director of Finance & County

Treasurer is hereby authorized to reclassify the following Community

Development payments as follows:

CHECK DATE PAYEE AMOUNT FROM TO

462 1/13/11 Housing Authority $3,464.50 02/10-1096 26/10-1096

(Partial) County of Morris (Local Home) (Local Home)

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(19)

WHEREAS, on October 28, 2009, the County of Morris entered into an

agreement with Eng-Wong Taub & Associates, for provision of professional

planning services with respect to a Countywide Freight Transportation

Planning Study, for $238,505.70 for the period October 28, 2009 through

March 31. 2011; and,

WHEREAS, it has become necessary to extend the term of the agreement to

April 30, 2011; and,

WHEREAS, Eng-Wong Taub & Associates agrees to perform the services;

WHEREAS, the contract was awarded through a fair and open process,

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to sign and execute this amendment, conditioned upon the contractor’s

compliance with the requirements set forth in paragraph 5 below.

3. The Treasurer is hereby authorized to issue an amended Certificate of

Availability of Funds # 209001426 for the aforesaid amendment,

reflecting the said extension, and charging FMS account# 02-213-41-

793105-391.

4. An official notice of this action shall be published in accordance

with the law.

5. This contract is awarded pursuant to a fair and open process in

compliance with N.J.S.A. 19:44A-20.1, et seq.

--

(20)


Morris in the State of New Jersey as follows:

1. That the County of Morris hereby awards a grant not to exceed

$1,500,000 from the FY10 Open Space and Farmland Preservation Trust

Fund to the Borough of Mountain Lakes for a project entitled King of

Kings Back Acreage Acquisition.

2. That the Board of Chosen Freeholders hereby accepts the dedication of

any facilities under County jurisdiction, including but not limited to

sight triangle easements, bridge maintenance easements and roadway

dedications (per official map) as required by the grant agreement.


authorized to sign and execute an agreement for the aforesaid grant,

and the Clerk to attest to the same, a copy of which is on file in the

office of the Department of Planning & Development made a part hereofby reference.

4 That the Treasurer issue a Certificate of Availability of Funds

indicating that funds are available from the Morris County Dedicated

Open Space Account #13-290-56-580552-888 and process payment to the

grantee or its designated agent as directed by the office of the

Department of Planning & Development, all in accordance with this

resolution.

--

(21)



Freeholders is hereby authorized to sign and execute an Affiliation Agreement

for Use of a Facility as an Internship Site with East Stroudsburg University

of Pennsylvania to allow the County to use a Public Health Intern from that

University, at no cost to the County, to assist the Department of Law &

Public Safety in 2011, a copy of which is on file in the Office of the County

Administrator and made a part hereof by reference.

--

(22)



Freeholders is hereby authorized to sign and execute an agreement with SussexCounty to house Sussex County Juvenile Detention detainees at the Morris

County Juvenile Detention Center, a copy of which is on file in the Office of

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WHEREAS, the contract was awarded as a “Professional Service” in

accordance with N.J.S.A. 40A:11-5 (1) (a) (i) et seq. through a fair and open

process, pursuant to N.J.S.A. 19:44A-20.4 et seq.;

NOW THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of the

County of Morris in the State of New Jersey as follows:

1. The agreement between the County of Morris and

YMP Consulting Engineering LLC

16 Layng Terrace

Springfield, NJ 07081

Amount: $24,445 (Not to Exceed)

Account#: 02-213-41-864905-391

Completion: 120 calendar days

for the aforesaid services a copy of which is one file at the Morris

County Purchasing Division and is made a part hereof by reference is

hereby approved and shall be entered into by this Board.

2. The Director of the Board of Chosen Freeholders is hereby authorized

to execute said agreement conditioned upon the contractor’s compliance

with the requirements set forth in paragraph 5 below.

3. The Treasurer is hereby authorized to issue a Certificate of

Availability of Funds in accordance with the aforesaid agreement.

4. A notice of this action will be published in accordance with the law.



--

(24)


Morris in the State of New Jersey, that the Director of the Board of Chosen

Freeholders is hereby authorized to sign and execute a ‘Prove IT” licensing

agreement with Kenexa Technology, Inc on behalf of the Morris/Sussex/Warren

Employment and Training Services, in the amount of $4,000, for the period

March 10, 2011 through March 9, 2012, a copy of which is on file in the

Office of the Director of the Morris/Sussex/Warren Employment and Training

Services and made a part hereof by reference.

This licensing agreement is for one year of unlimited testing for the

Morristown and Newton offices. Access to over 12,000 tests will be

provided. Testing includes knowledge based, including technical skills,

assessments (e.g.. customer Service, MS Office)

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(25)

WHEREAS, the County of Morris established the Open Space, Farmland and

Historic Preservation Trust Fund (“Trust Fund”); and

WHEREAS, official Rules and Regulations for the administration of the

Trust Fund were last adopted by the Morris County Board of Chosen Freeholders

on May 26, 2010 and are amended as necessary; and

WHEREAS, based upon the recommendation of the Open Space Trust Fund

Committee (“Committee’), it is the intention of the Board of ChosenFreeholders to amend the membership of the Committee to include a third At-

Large appointee to replace the representative of the Morris Tomorrow Board of

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categories. The Committee shall not have the authority to amend or

modify acquisitions undertaken by the Park Commission, M.U.A.,

Agriculture Development Board, or Historic Preservation Trust Fund

Review Board.

All nominees to the fifteen member Committee shall be reviewed

according to standard County procedures in order to avoid any potentialconflict of interest. The Morris County Board of Chosen Freeholders shall

appoint the Committee based upon the recommendation (s) from the various

municipalities and/or entities as follows:

Number of Appointees Appointee Representation

8 Municipal representatives, with one representative

from each of the Open Space Regions as stipulated

below and on Fiqure 1.

3 At-Large members

1 Morris County Planning Board from its membership

1 Morris County Park Commission from its membership

1 Morris County Agriculture Development Board from its

membership

1 Morris County Municipal Utilities Authority from its

membership

Region Municipalities (listed in order of rotation

sequence)

I Mt. Olive, Washington, Chester Twp. Chester Boro

II Mendham Boro, Mine Hill, Randolph, Mendham Twp.,

Victory Gardens, Dover

III Roxbury, Mt. Arlington, Jefferson, Netcong

IV Rockaway Twp., Denville, Rockaway Boro, Wharton

V Parsippany, Mt. Lakes, Boonton Twp., Boonton Town

VI Pequannock, Butler, Lincoln Park, Kinnelon,

Montville, Riverdale

VII Morristown, Morris Plains, East Hanover, Hanover,

Morris Twp.

VIII Madison, Chatham Boro, Chatham Twp., Florham Park,

Harding, Long Hill

Municipal representatives shall be a resident of the municipality, and

an elected official or appointed to a municipal board or commission

recommended to the Board of Chosen Freeholders from the respective

town. Municipal administrators shall not be required to meet the

residency requirement of the municipality. The Morris County League of

Municipalities shall decide upon the rotation sequence for each

municipality within the regions.

The Morris County Board of Chosen Freeholders may also appoint a

liaison to the Committee, this member shall not have voting privileges.

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Initially, municipal representatives from Regions II,VI, VII and VIII;

one of the At-Large appointees, the designee from the Morris County

Planning Board, and the designee from Morris Tomorrow shall serve a one

year term. All other appointees shall serve a two year term.

Thereafter, all terms shall be for a two year period.

Commencing in 2008, all terms for members representing the Morris

County M.U.A., the Morris County Planning Board, Morris Tomorrow, the

Morris County Park Commission, the Morris County Agriculture

Development Board and the two At-Large appointees shall be for a two

year period. All terms for municipal members representing the regions

shall be for a three year period.

Commencing in 2011, a third At-Large appointee shall replace the

representative from Morris Tomorrow. The term of office shall be for a

two year period.

Municipal members representing the regions shall serve for only one

term. All other committee members shall serve no more than two

consecutive terms. All members shall serve on a voluntary basis without

compensation.

Members representing Morris County M.U.A., the Morris County Planning

Board, the Morris County Park Commission, the Morris County Agriculture

Development Board and the three At-Large appointees who have served two

consecutive terms cannot be re-appointed to the Committee for a time

period of two years from the expiration date of their last term.

If the municipal member’s elected or appointed term of office expires

prior to the end of his/her term on the Open Space Trust Fund

Committee, the municipal member may complete his/her entire term, at

the discretion of the appointing municipal governing body. If a

municipal member is unable to complete his/her entire term, a newrepresentative from that municipality shall be appointed for the

remainder of the term.

If the term of office of a member representing the Morris County

M.U.A., the Morris County Planning Board, the Morris County Park

Commission and/or the Morris County Agriculture Development Board

expires prior to the end of his/her term on the Open Space Trust Fund

Committee, the member’s term shall be completed by a different

individual representing the member’s jurisdiction.

3. All other official Rules and Regulations for the administration of the

Open Space, Farmland and Historic Preservation Trust Fund not

inconsistent herewith shall remain in full force and effect.

4. These changes shall take effect immediately.

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(26)

1. In accordance with N.J.S.A. 40A:11-15, a contract is hereby awarded

for the provision of maintenance of proprietary computer software for

the Law & Public Safety, to:

Keystone Public Safety

One Tall Oaks Corporate Center

1000 Lenola Road, Suite 101Maple Shade, NJ 08052

Term: One year

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4. The Purchasing Agent is hereby authorized to execute said contract as

prepared by County Counsel.


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(27)

BE IT RESOLVED as follows:

1. The County of Morris wishes to purchase goods and services from the

following authorized vendors under the State of New Jersey Cooperative

Purchasing Program 1-NJCP, in accordance with Local Public Contract

Laws, N.J.S.A. 40A:11-11 and N.J.S.A. 40A:11-12.

Dell Marketing LP Information Technologies

One Dell Way Bldg. 8MS16 04-216-55-962231-955

Round Rock, TX 78682 Amount: $4,613.97

NJSC#A70256

Suburban Energy Services Law & Public Safety

PO Box 72 Route 31 North 01-201-31-430100-141

Washington, NJ 07882 Amount: $2,862.93

NJSC#A45483

Smith Motor Co. Motor Service Center

PO Box 310, Rt. 31 01-201-26-315100-291

Washington, NJ 07882 Amount: $5,984.99

NJSC#A76443

Inner City Tire Motor Service Center

777 Dowd Avenue 01-201-26-315100-245

Elizabeth, NJ 07201 Amount: $1,492.68NJSC# A71687

Summit Transportation Brake Motor Service Center

38 Milltown Road 01-201-26-315100-291

Union, NJ 07083 Cedar Knolls, NJ 07927

NJSC#a76451 Amount: $4,650.00

Penn-Jersey Paper Co. Morris View Healthcare

232 Solomone Avenue 01-201-27-350130-046

W Patterson NJ 07424 Amount: $2,897.80

NJHA

Tilcon New York Inc. Road Division

625 Mt. Hope Road 01-201-26-290100-222

Wharton, NJ 07885 Amount: $2,982.50

C0-op#5

Reed Systems Road Division

PO Box 209 01-201-26-290100-242

Ellenville, NY 12428 Amount: $3,315.47

Co-op#3



Round Rock TX 78682 Amount: $38,595.63

NJSC#A77560



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WHEREAS, the local capital budget for the year 2011 has not been

adopted, and,

WHEREAS, it is desired to adopt a temporary capital budget for the year

2011, and

WHEREAS, a temporary capital budget was adopted on January 5, 2011authorizing $1,010,000 for capital projects, and

WHEREAS, the temporary capital budget was amended on February 23, 2011

to allow for an additional $3,000,000 project, and

WHEREAS, the temporary capital budget is being amended to allow for an

additional $710,000 project.

NOW THEREFORE BE IT RESOLVED, by the Board of Chosen Freeholders that

the following capital appropriation (s) be made:

County Administrator’s Office, - Energy Savings Improvement Program

Morris County M.U.A. – Pleasant Hill Road

Public Works – Completion of Renovations at 30 Schuyler Place for CCM

Facility

Public Works – Demolition of the Washington Building

Public Works – Expansion of the Public Safety Training Academy

Park Commission – Acquisition of Vehicles & Equipment

(Body of Capital Budget Amendment is on file in the Treasurer’s Office)

BE IT FURTHER RESOLVED that the above item (s) be provided for in the2011 Capital Budget, and

BE IT FURTHER RESOLVED that two certified copies of this resolution be

filed forthwith in the Office of the Director of Local Government Services.

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(29)




authorized to sign and execute the Use and License Agreement between

the County of Morris and the New Jersey Natural Gas Company for the

installation of a 12 inch steel natural gas pipeline on Richboynton

Road in the Town of Dover under Morris County’s Dover and Rockaway

Railroad line;

2. A copy of the Agreement is on file in the Office of the Division of

Transportation and made a part hereof by reference, is hereby approved

and entered into by this Board.


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(30)

RESOLUTION OF THE COUNTY OF MORRIS, NEW JERSEY CONSENTING TO THE MORRIS

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other work required, desirable or convenient for the installation of such

systems (collectively, the renewable energy capital equipment and facilities,

the “Renewable Energy Projects”) for and on behalf of Sussex County and

its affiliates, and the local governmental units within Sussex County,

including without limitation municipalities, boards of education for school

districts, local authorities and any other local government

instrumentalities, public bodies or other local governmententities (collectively, including Sussex County, the “Local Units”);

WHEREAS, the Morris County Improvement Authority (the “Authority”) has

been duly created by resolution no. 42 entitled “Resolution of the Board of

Chosen Freeholders of Morris County, New Jersey creating the Morris County

Improvement Authority” duly adopted by the Board of Chosen Freeholders (the

“Morris County Board of Freeholders”) of the County of Morris (the “Morris

County”) in the State of New Jersey (the “State”) on April 10, 2002 as

a public body corporate and politic of the State pursuant to and in

accordance with the county improvement authorities law, constituting Chapter

183 of the Pamphlet Laws of 1960 of the State, and the acts amendatory

thereof and supplemental thereto (as codified at N.J.S.A. 40:37A-44 et seq.,

the “Act”), and other applicable law;

WHEREAS, as of the date hereof, Sussex County has not created its own

county improvement authority, and therefore pursuant to the Act, Sussex

County may determine to utilize the services of another county improvement

authority, including without limitation the Authority, with the consent

of both Sussex County, a beneficiary county under the Act, and the Morris

County Board of Freeholders, for any purpose for which an improvement

authority shall exist, including those set forth in Section 11 of the Act

(N.J.S.A. 40:37A-54, “Section 11”), which purposes include the development

and implementation of the Renewable Energy Program;

WHEREAS, Sussex County desires to implement the Renewable Energy

Program through the Authority pursuant to the Act, the Uniform Shared

Services and Consolidation Act, constituting Chapter 63 of the Pamphlet Laws

of 2007 of the State, and the acts amendatory thereof and supplemental

thereto (as codified at N.J.S.A. 40A:65-1 et seq., the “Shared Services

Act”), and all other applicable law, the terms of which agreement shall

be set forth in that certain “Service Agreement (Sussex County Renewable

Energy Program”) to be entered into by Sussex County and the Authority,

and consented to by Morris County (as amended and supplemented from time to

time in accordance with its terms, the “Service Agreement”), partially due to

the fact that Sussex County does not have a county improvement authority and

further, because Morris County has developed and implemented its

own renewable energy program through the Authority, which Authority has

retained (in accordance with all applicable law) experienced legal,

engineering, energy consulting, and financial advisory consultants,

consisting of the Authority’s energy engineering and energy serviceconsulting firms, Birsdall Services Group and Gabel Associates, its energy

counsel and bond counsel, Inglesino, Pearlman, Wyciskala & Taylor, LLC, and

its financial advisor, NW Financial Group, LLC, (the “Authority

Consultants”) with respect to the myriad of issues involved in

these programs;

WHEREAS, in addition, Sussex County may determine, but shall not be

required, to seek the assistance of its auditor, financial advisor, if any,

bond counsel, energy consultant, engineer or any other professional advisors

deemed necessary, desirable and convenient by Sussex County (the “Sussex

County Consultants”, if any, and together with the Authority Consultants,

the “Consultants”; to the extent Sussex County determines not to hire any

Sussex County Consultants, references to the term Consultants herein shall bedeemed to mean the Authority Consultants) to assist the Authority, the County

and the Authority Consultants in connection with the Renewable Energy

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to finance, design, permit, acquire, construct, renovate and install certain

capital improvements to the Local Unit Facilities, including without

limitation, improvements to or replacement of, roofing systems, if any

(the “Capital Improvement Projects” and together with the Renewable Energy

Projects and any Completion Project as defined in the hereinafter defined

Bond Resolution, the “Projects”), and to the extent no Capital Improvement

Projects are so financed, references herein shall have no meaning; and

WHEREAS, the Authority, together with the Consultants, shall solicit

interest, through community outreach meetings with Local Units

for participation in the Renewable Energy Program (“Phase I”) and deliver

to Sussex County a report detailing the results of their outreach meetings

including without limitation, the size and scope of the proposed Renewable

Energy Program (the “Phase I Report”);

WHEREAS, Sussex County shall review the Phase I Report and if

Sussex County determines to proceed with implementing the Renewable Energy

Program (“Phase II”), evidence Sussex County’s interest in proceeding with

Phase II by executing and delivering to the Authority a certificate of an

Authorized Officer (as defined herein) authorizing the Authority, itsAuthority Consultants, and if applicable the Sussex County Consultants to

implement Phase II on behalf of the County and the Local Units;

WHEREAS, Sussex County shall be responsible for all Consultant’s fees

in connection with Phase I in an amount not to exceed the amount set forth

in Section 2 of the Service Agreement, upon an appropriation of Sussex County

Funds in accordance with the terms of the Service Agreement, and, upon

receipt of the certificate of a an Authorized Officer directing the Authority

and its consultants to proceed with Phase II, Sussex County shall

be responsible for all fees in connection with Phase II in accordance with

the Authority Consultants’ professional services agreements on file with the

Authority, copies of which shall be provided to Sussex County upon request;

WHEREAS, Morris County shall not have any financial obligation with

respect to the Renewable Energy Program and further will not be issuing its

financial guaranty on the principal of and interest on any bonds issued

in connection with the Renewable Energy Program;

WHEREAS, the primary goal of the Renewable Energy Program is to expand

the use of renewable energy sources available and utilized by the Local Units

for their Local Unit Facilities, with the attendant environmental and

financial benefits associated thereby, and to reduce the energy related

operating costs to the Local Units for their Local Unit Facilities,

all intended to be offered at no scheduled net cost to the Local Units.

NOW THEREFORE BE IT RESOLVED by the Board of Chosen Freeholders of

Sussex County as follows:

Section 1. In accordance with N.J.S.A. 40A:65-1 et seq. and all other

applicable law, the County of Morris Board of Freeholders hereby consent

to the Service Agreement and the execution of the Service Agreement by the

Authority. Morris County's consent to the Service Agreement contemplates the

insertion of the final financing terms therein that will result from the

negotiation between the Authority and Sussex County, with such changes

thereto as the Chairman, Vice-Chairman and Treasurer of the Authority (each

an “Authority Authorized Officer” and together with the hereinafter defined

Morris County Authorized Officer, the “Authorized Officers”), after

consultation with the Authority Consultants, determine to be in the best

interests of the Authority and Morris County, and take all such further

actions in accordance with all applicable law, including without limitation

the execution of such other certificates, instruments or documents, as

any such Authorized Officers in consultation with the Authority Consultants

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as the Morris County Authorized Officer, after consultation with the

Authority Consultants, determine to be in the best interests of Morris

County.

Section 3. Certified copies of this resolution shall be sent to John

Bonanni, Chairman of the Authority, John Eskilson, the Sussex County

Administrator, Stephen B. Pearlman of Inglesino, Pearlman, Wyciskala& Taylor, LLC, counsel to the Authority.

Section 4. This resolution shall take effect immediately.

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(31)

WHEREAS, on February 24, 2011 the County of Morris entered into an

agreement with EI Associates, Architects & Engineers, PA for the provision of

Engineering Design Services for Energy Upgrades at the Morris County

Courthouse located in Washington Street, Morristown, New Jersey for

a duration of 180 calendar days; and,

WHEREAS, said resolution incorrectly stated the budget amount of

$48,800.00; the correct amount should be $51.700.00; and,

WHEREAS, EI Associates, Architects & Engineers, PA agrees to perform

the services; and,

WHEREAS, the contract was awarded as a “Professional Service” in

accordance with N.J.S.A. 40A: 11-5(1)(a)(i) et seq.



1. The amendment to the agreement EI Associates, Architects & Engineers,

PA, 8 Ridgedale Avenue Cedar Knolls, New Jersey, correcting the amount

as set forth above, a copy of which is on file in the Office of the

County Purchasing Agent and made a part hereof by reference, is hereby

approved and entered into by this Board.


sign and execute this amendment, conditioned upon the contractor’s

compliance with the requirements set forth in paragraph 5 below.

3. The Treasurer is hereby authorized to issue an amended Certificate of

Availability of Funds #32330, for the aforesaid amendment, reflecting

the said correction, and charging account #02-213-41-864905-391.

4. An official notice of this action shall be published in accordance with

the law.



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(32)

State of New Jersey

Victim and Witness Advocacy Fund Supplemental Grant Program

RESOLUTION OF PARTICIPATION

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WHEREAS, the project is a joint effort between the Department of Law

and Public Safety and Morris County Prosecutor’s Office for the purpose

described in the application.

THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders that

1. As a matter of public policy Morris County Prosecutor’s Office wishes

to participate to the fullest extent possible with the Department of

Law and Public Safety.

2. The Attorney General will receive funds on behalf of the applicant.

3. The Division of Criminal Justice shall be responsible for the receipt

and review of the applications for said funds.

4. The State Office of Victim Witness Advocacy shall initiate allocations

to each applicant as authorized.

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(33)

WHEREAS, The Open Public Records Act (N.J.S.A. 47:1A-1 et seq.) was

adopted to assure the public’s access to sufficient information to enable it

to understand and evaluate the actions of public bodies by making accessible

for inspection or copying all government records; and

WHEREAS, since the adoption of OPRA, there has been an escalating

series of requests by private sector firms from all over the nation for

voluminous public records, already freely accessible to the general public

through government websites, with the intent of selling said information to

the general public for a profit; and,

WHEREAS, said information is already freely available to the public on

government websites; and,

WHEREAS, this constitutes additional substantial costs to the tax

paying public solely to benefit a private entity; and,

WHEREAS, in the new renaissance of fiscal responsibility, unnecessary

expenses by government should strictly be curtailed;



1. That the current Open Public Records Law be amended to preserve its

original intent and reduce expenses to the public by providing that in

situations where the requested documents are already available to the

public on a downloadable government website, regardless of format, a

referral of the requestor to the said website shall fully comply with

the OPRA obligation of the government unit, with no need to convert

the data contained therein to any other format.

2. That a copy of this resolution be distributed to all our local

Representatives, requesting the drafting and introduction of such

legislation.

3. That a copy be sent to the President of the New Jersey State Senate

and the Speaker of the New Jersey State Assembly, and all our local

representatives urging adoption of such legislation and to the

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Morris in the State of New Jersey that the following individuals be appointed

to the MORRIS COUNTY OPEN SPACE AND FARMLAND PRESERVATION TRUST FUND

COMMITTEE without salary for the term as indicated:

Representing Name Term Expiration

Region III-Mt. Arlington Paula Danchuk 12/31/13

Region V-Parsippany Troy Jasmine Lim 12/31/11

Hills Township

Morris County Planning Board Ted Eppel 12/31/12

Region I-Mt. Olive Kathy Murphy 12/31/13

Region IV-Rockaway Township Gregory Poff 12/31/13

At Large Deborah Nielson 12/31/12

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Freeholder Cabana made a motion to adopt Resolution Nos. 1 through

34. This was seconded by Freeholder Nordstrom. The Deputy Clerk called

and recorded the following vote:

YES: Freeholders Cabana, Feyl, Grossi, Mastrangelo, Murphy,

Nordstrom and Director Chegwidden (7)

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BILL RESOLUTION

BE IT HEREBY RESOLVED that the bills as shown on the Schedule of

Warrants all having been approved by the proper committees of officials where

legally required, be and the same are hereby paid. The Schedule of Warrants

designated as Bill Resolution #05-11 is detailed below and totals

$9,895,401.91 dated this date and made a part hereof by reference.

Freeholder Cabana the adoption of the Bill Resolution. The motion was

seconded by Freeholder Murphy, and the following vote was recorded:

YES: Freeholders Cabana, Feyl, Grossi, Mastrangelo, Murphy

Nordstrom, and Director Chegwidden (7)

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ADJOURNMENT

There was no further business. On motion by Freeholder Nordstrom and

seconded by Freeholder Grossi, the meeting was adjourned at 9:00 p.m.

Respectfully submitted,

Susan Allard

Deputy Clerk of the Board

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FH Minutes 2011-03-09

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