FH Minutes 2011-04-27

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BOARD OF CHOSEN FREEHOLDERS – APRIL 27, 2011

A regular meeting of The Board of Chosen Freeholders of the County ofMorris, State of New Jersey, was held on April 27, 2011, in the FreeholdersPublic Meeting Room, Administration and Records Building, Morristown, NewJersey. The meeting began at 7:30 p.m.

Clerk of the Board Diane M. Ketchum announced that adequate notice of

this meeting held this 27th

day of April has been provided through resolutionadopted by this Board at its regular meeting held at the Administration andRecords Building on January 5, 2011 to the Star Ledger, the Daily Record andthe Record, through posting on the County website and by filing a copy ofsame with the Morris County Clerk and this Clerk of this Board.

ROLL CALL

PRESENT: Freeholders Douglas Cabana, Gene Feyl, Ann Grossi, ThomasMastrangelo, John Murphy, Margaret Nordstrom, andDirector William Chegwidden (7)

ALSO PRESENT: County Administrator John Bonanni, Assistant CountyAdministrator Tom Markt, County Counsel Dan O’Mullan,Assistant County Counsel Randy Bush and Clerk of the BoardDiane M. Ketchum

PRAYER AND FLAG SALUTE

County Counsel Dan O’Mullan opened the meeting with a prayer and asalute to the flag.

--

MINUTES FOR APPROVAL

All April 13, 2011 Minutes of the Board of Chosen Freeholders

On motion by Freeholder Nordstrom and seconded by Freeholder Feyl themeeting minutes were approved.

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COMMUNICATIONS

1. The Educational Foundation of the Chesters, Inc. is asking permission tohang a banner across Main Street, County Route 513 in Chester Boroughfrom April 30 – May 7 to advertise the Foundation’s 5K run.

2. The Chatham Borough Police Dept. is asking permission to close portionsof N. Passaic Avenue and Fairmount Avenue to provide pedestrian safetyfrom 10 a.m. to 6 p.m. on Saturday, June 11 for the Fishawack Festival.

3. The Stanhope-Netcong American Legion Ambulance Corps is askingpermission to use the intersection of Allen Street (County Route 631)and Ledgewood Avenue for a fundraiser “coin drop” on the following datesand times: Friday, June 10, 2011 from 2:30 p.m. to 7:00 p.m. Saturday, June 11 from 9:00 a.m. to 4:30 p.m. Sunday, June 12 from 9:00 a.m. to 1:00 p.m. (with rain dates of

June 24, 25 and 26)

Friday, September 9, 2011 from 2:30 p.m. to 7:00 p.m. Saturday, September 10 from 9:00 a.m. to 4:30 p.m. (with rain

dates of Sept. 16 and 17)

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ORDINANCESFIRST READING/INTRODUCTION

(1)Director Chegwidden stated: “We will now consider the introduction by

title an ordinance.”

Freeholder Cabana stated: “I would like to introduce by title anordinance entitled, ‘CAPITAL SURPLUS ORDINANCE APPROPRIATING $150,000 FOR THEACQUISITION OF REPLACEMENT VEHICLES AND EQUIPMENT FOR THE COUNTY DEPARTMENTOF PUBLIC WORKS.’”

Freeholder Grossi stated: “I second the motion.”

The Clerk called and recorded the following vote:

YES: Freeholders Cabana, Feyl, Grossi, Mastrangelo, Murphy,Nordstrom, and Director William Chegwidden (7)

Freeholder Cabana moved that the Clerk be authorized to publish theOrdinance in summary form in the local newspaper together with the notice ofpublic hearing and consideration of final passage of this Ordinance whichwill take place at the Freeholder meeting to be held in the Administrationand Records Building, Fifth Floor, Court Street, Morristown, New Jersey, onMay 11 at 7:30 p.m.

Freeholder Grossi stated: “I second the motion,” which passed withseven YES votes.

--(2)

Director Chegwidden stated: “We will now consider the introduction bytitle an ordinance.”

Freeholder Cabana stated: “I would like to introduce by title anordinance entitled, ‘GUARANTY ORDINANCE OF THE COUNTY OF MORRIS, NEW JERSEY,SECURING THE MORRIS COUNTY IMPROVEMENT AUTHORITY'S COUNTY OF MORRISGUARANTEED RENEWABLE ENERGY PROGRAM LEASE REVENUE BONDS, SERIES 2011(FEDERALLY TAXABLE) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED$60,000,000.’”

Freeholder Grossi stated: “I second the motion.”



Freeholder Cabana moved that the Clerk be authorized to publish theOrdinance in summary form in the local newspaper together with the notice ofpublic hearing and consideration of final passage of this Ordinance whichwill take place at the Freeholder meeting to be held in the Administrationand Records Building, Fifth Floor, Court Street, Morristown, New Jersey, onMay 11 at 7:30 p.m.

Freeholder Grossi stated: “I second the motion,” which passed withseven YES votes.

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SECOND READING/ADOPTION

(1) Director Chegwidden stated: “We will now consider for final adoptionthe ordinance entitled ‘CAPITAL SURPLUS ORDINANCE APPROPRIATING $50,000 FROM

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Section 2. The purposes authorized herein are for the replacement of

carpeting and window fixtures at facilities maintained by the Buildings andGrounds division.

Section 3. It is the opinion of this Board of Chosen Freeholders that the

appropriation from the Capital Surplus Fund and the use of the appropriation forsaid purposes are in the best interest of the County of Morris.

Section 4. This Capital Surplus Ordinance shall take effect upon finalpassage in publication in accordance with the law.

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

There were no public comments, and the Director declared the PublicHearing closed.

Freeholder Cabana moved that the ordinance under consideration beadopted on the second and final reading. Freeholder Grossi seconded themotion.



Freeholder Cabana moved that the Clerk be authorized to publish theOrdinance in summary form and notification of its passage in the localnewspaper in accordance with the law. Freeholder Grossi seconded the motion,which passed with seven YES votes.

--(2)

Director Chegwidden stated: “We will now consider for final adoptionthe ordinance entitled ‘CAPITAL SURPLUS ORDINANCE APPROPRIATING $25,000 FROMTHE CAPITAL SURPLUS FUND FOR THE REPLACEMENT OF PEDESTRIAN AND OVERHEAD DOORSAT FACILITIES MAINTAINED BY THE BUILDINGS AND GROUNDS DIVISION.’”

Clerk Ketchum read the following ordinance:

BE IT ORDAINED BY THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF MORRIS,NEW JERSEY AS FOLLOWS:

Section 1. The purposes described in Section 2 of this Capital SurplusOrdinance are hereby authorized to be made by the County of Morris, New Jersey.There is hereby appropriated from the Capital Surplus Fund the sum of $25,000for the hereinafter designated purposes.

Section 2. The purposes authorized herein are for the replacement ofpedestrian and overhead doors at facilities maintained by the Buildings andGrounds division.

Section 3. It is the opinion of this Board of Chosen Freeholders that theappropriation from the Capital Surplus Fund and the use of the appropriation forsaid purposes are in the best interest of the County of Morris.




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newspaper in accordance with the law. Freeholder Grossi seconded the motion,which passed with seven YES votes.

--(3)

Director Chegwidden stated: “We will now consider for final adoption

the ordinance entitled ‘CAPITAL SURPLUS ORDINANCE APPROPRIATING $25,000 FROMTHE CAPITAL SURPLUS FUND FOR THE EXPANSION OF THE DEPARTMENT OF BUILDINGS ANDGROUNDS BUILDING ACCESS CONTROL SYSTEMS.’”


BE IT ORDAINED BY THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF MORRIS,NEW JERSEY AS FOLLOWS:

Section 1. The purposes described in Section 2 of this Capital SurplusOrdinance are hereby authorized to be made by the County of Morris, New Jersey.There is hereby appropriated from the Capital Surplus Fund the sum of $25,000for the hereinafter designated purposes.

Section 2. The purposes authorized herein are for the expansion of theDepartment of Buildings and Grounds Building Access Control systems.

Section 3. It is the opinion of this Board of Chosen Freeholders that theappropriation from the Capital Surplus Fund and the use of the appropriation forsaid purposes are in the best interest of the County of Morris.



There were no public comments, and the Director declared the Public

Hearing closed.




Freeholder Cabana moved that the Clerk be authorized to publish theOrdinance in summary form and notification of its passage in the localnewspaper in accordance with the law. Freeholder Grossi seconded the motion,which passed with seven YES votes.

--(4)

Director Chegwidden stated: “We will now consider for final adoptionthe ordinance entitled ‘BOND ORDINANCE AMENDING BOND ORDINANCE NUMBER 953171FINALLY ADOPTED JUNE 22, 2009, BY THE COUNTY OF MORRIS, NEW JERSEY, IN ORDERTO PROVIDE FOR A CHANGE AUTHORIZED BY SUCH ORDINANCE.’”


BE IT ORDAINED BY THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OFMORRIS, NEW JERSEY (not less than two-thirds of all the members thereof

affirmatively concurring), AS FOLLOWS:

Section 1. Bond Ordinance number 953171 of the County of Morris, New

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“The improvements hereby authorized and the purposes for the financingof which said obligations are to be issued are for (i) the replacementof the boiler plant in the Public Safety Training Academy and theMedical Services Building including all work associated therewith and(ii) roofing repairs and replacements and HVAC repair and replacement

at various County facilities, including all work and materialsnecessary therefor and incidental thereto (all as shown on and inaccordance with the plans and specifications therefor on file in theoffice of the Clerk of the Board of Chosen Freeholders and herebyapproved).”

Section 3. All other details of the bond ordinance referred to inSection 1 hereof shall remain the same.

Section 4. This bond ordinance shall take effect twenty (20) daysafter the first publication thereof after final adoption, as provided by theLocal Bond Law.






Freeholder Cabana moved that the Clerk be authorized to publish theOrdinance in summary form and notification of its passage in the localnewspaper in accordance with the law. Freeholder Grossi seconded the motion,which passed with seven YES votes

--(5)

Director Chegwidden stated: “We will now consider for final adoptionthe ordinance entitled ‘BOND ORDINANCE OF THE COUNTY OF MORRIS, NEW JERSEY,APPROPRIATING $550,000 AND AUTHORIZING THE ISSUANCE OF $523,000 BONDS ORNOTES OF THE COUNTY FOR VARIOUS IMPROVEMENTS TO THE MORRIS VIEW HEALTHCARECENTER INCLUDING ALL WORK, MATERIALS AND EQUIPMENT NECESSARY THEREFOR ORINCIDENTAL THERETO, BY AND FOR THE COUNTY OF MORRIS, NEW JERSEY.’”


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 affirmativelyconcurring), AS FOLLOWS:

Section 1. The improvements described in Section 3 of this bond ordinanceare hereby respectively authorized as improvements to be made or acquired by theCounty of Morris, New Jersey (the “County”). For the said improvements orpurposes stated in said Section 3, there is hereby appropriated the sum of$550,000, said sum being inclusive of all appropriations heretofore madetherefor and including the sum of $27,000 as the down payment for saidimprovements or purposes required by law or more particularly described in said

Section 3 and now available therefore by virtue of provision in the previouslyadopted budget or budgets of the County for down payments or for capitalimprovement purposes.

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improvements to the Morris View Healthcare Center, including, but not limitedto, the replacement of fire doors and hardware and upgrade of door surrounds,the renovation of the main cafeteria serving line area and renovation of theserving unit kitchens, the renovation of all tub/shower suites, the renovationof elevators 5,6 and 7, the replacement of charting system and the acquisitionand installation of a resident care monitoring system, including all work,

materials and equipment necessary therefor and incidental thereto (all as shownon and in accordance with the plans and specifications therefor on file in theoffice 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 saidpurposes is $523,000.

(c) The estimated cost of said purposes is $550,000 which amountrepresents the initial appropriation made by the County. The excess of theappropriation of $550,000 over the estimated maximum amount of bonds or notes tobe issued therefor being the amount of said $27,000 down payment for saidpurposes.

Section 4. The following matters are hereby determined, declared, recitedand stated:

(a) The said purposes described in Section 3 of this bond ordinance arenot current expenses and are each a property or improvement which the County maylawfully acquire or make as general improvements, and no part of the costthereof has been or shall be specially benefited thereby.

(b) The period of usefulness of said purposes within the limitations ofsaid Local Bond Law and according to the reasonable life thereof computed fromthe date of said bonds authorized by this bond ordinance, is 15 years.

(c) The supplemental debt statement required by said Law has been dulymade 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 theDirector of the Division of Local Government Services in the Department ofCommunity Affairs in the State of New Jersey (the “Division”), and suchstatement shows that the gross debt of the County as defined in said Law isincreased by the authorization of the bonds and notes provided for in this bondordinance by $523,000, and the said obligations authorized by this bondordinance will be within all debt limitations prescribed by said Law.

(d) An aggregate amount not exceeding $50,000 for interest on saidobligations, costs of issuing said obligations, engineering costs and otheritems of expense listed in and permitted under Section 40A:2-20 of said Law isincluded in the estimated cost of said improvements.

Section 5. Any funds from time to time received by the County ascontributions-in-aid of financing the improvements or purposes described inSection 3 of this ordinance shall be used for financing said improvements orpurposes by application thereof either to direct payment of the cost of saidimprovements or purposes, or to payment or reduction of the authorization of theobligations of the County authorized therefor by this bond ordinance. Any suchfunds so received may, and all such funds so received which are not required fordirect payment of the cost of said improvements or purposes shall, be held andapplied by the County as funds applicable only to the payment of obligations ofthe County authorized by this bond ordinance.

Section 6. The full faith and credit of the County are hereby pledged tothe punctual payment of the principal of and interest on the said obligationsauthorized by this bond ordinance. Said obligations shall be direct, unlimited

obligations of the County, and the County shall be obligated to levy ad valoremtaxes upon on all of the taxable property within the County for the payment ofsaid obligations and interest thereon without limitation of rate or amount.

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the issuance of its debt, including bonds or notes, the County reasonablyexpects to reimburse such expenditures with the proceeds of its debt, includingbonds or notes. The maximum principal amount of its debt, including bonds ornotes, to be issued to finance the cost of the improvements described in Section3 of this bond ordinance, including amounts to be used to reimburse the Countyfor expenditures with respect to such costs which are paid prior to the issuance

of its debt, including bonds or notes, is $523,000.

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






Freeholder Cabana moved that the Clerk be authorized to publish theOrdinance in summary form and notification of its passage in the localnewspaper in accordance with the law. Freeholder Grossi seconded the motion,which passed with seven YES votes

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PUBLIC PORTION

Truscha Quatrone, a Towaco resident, formerly attended a freeholdermeeting in Butler Borough and discussed solar energy. She wondered if solarpanels could be used on street lights. Administrator Bonanni said the powercompany does this. Ms. Quatrone would like to see the solar energy projectsbrought to Montville. One of the second phase projects planned for Montvilleis the Board of Education building. Ms. Quatrone was very pleased with thisnews.

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RESOLUTIONS

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 Plans and Specifications for the Repairs to County BridgeNo. 1400-630 on County Route 510 (Mendham Road) over the Burnett Brookin the Township of Chester, County of Morris, NJ are hereby approved.

2. That the Director is hereby authorized to sign the Plans.

3. That the Clerk of this body is hereby directed to advertise for bids

for this project forthwith.

4. That this resolution shall take effect immediately.

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3. That the Clerk of this body is hereby directed to advertise for bidsfor this project forthwith.

4. That this resolution shall take effect immediately.

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(3) BE IT RESOLVED by the Board of Chosen Freeholders of the County ofMorris in the State of New Jersey that the Director of the Board of ChosenFreeholders is hereby authorized to sign and execute the 2011 County SalaryReimbursement Agreement between the County of Morris and Rutgers CooperativeExtension, Rutgers, The State University of New Jersey, a copy of which is onfile in the Office of the County Administrator and made a part hereof byreference.

--(4)

BE IT RESOLVED, by the Board of Chosen Freeholders of the County ofMorris in the State of New Jersey that the Morris County Loss PreventionManual, adopted as revised, on October 26, 1988, is hereby supplemented bythe Policy entitled “Bloodborne Pathogens”, Number 3:12.0, a copy of which ison file in the Office of the County Administrator and made a part hereof byreference.

--(5)

In accordance with resolution #73 approved at the January 05, 2011Reorganization Meeting, the following revolving fund checks have been issuedby the Morris County Division of Temporary Assistance for the month of March2011.

DATE CHECK NO. PAYEE AMOUNT03/15/2011 10219 Chris’s Auto Repair 543.26

03/15/2011 10220 Furniture House 375.0003/17/2011 10221 OTA – Administration Account 113.54TOTAL 1,031.80

THEREFORE, BE IT RESOLVED, that the above payments be confirmed.

--(6)

In accordance with resolution #73 approved at the January 05, 2011Reorganization Meeting, the following emergency checks have been issued by theMorris County Division of Temporary Assistance for the month of March 2011.

DATE CHECK NO. PAYEE ACCOUNT TO BE CHARGED AMOUNT

03/01/2011 24991 Brentwood Associates 01-201-27-345100-368

01-201-27-345100-36501-203-27-345100-365

1,624.00

50.0050.00

03/01/2011 24992 Morris Co. Housing Authority 01-201-27-345100-36801-201-27-345100-365

337.009.00

03/02/2011 24993 Pitney Bowes 01-201-27-345100-068 3,000.00

03/02/2011 24994 Brady & Correale, LLP 02-213-41-734220-391 3,300.00

03/02/2011 24995 Angel Pais 01-201-27-345100-368 1,500.00

03/02/2011 24996 Roger Gupta 01-201-27-345100-368 750.00

03/02/2011 24997 Crestview Associates, LLC 01-201-27-345100-368 1,500.00

03/02/2011 24998 East Coast Residential Assoc. 02-213-41-734220-391 705.00

03/02/2011 24999 East Coast Residential Assoc. 02-213-41-734220-391 385.00

03/02/2011 25000 John Sedlacek 02-213-41-734220-391 925.00

03/02/2011 25001 K & A Associates 02-213-41-734220-391 600.00

03/02/2011 25002 Nancy Questa 02-213-41-734220-391 1,250.00

03/02/2011 25003 Saintarre Riguad 02-213-41-734220-391 900.00

03/03/2011 25004 P i I 01 201 27 345100 368 800 00

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03/08/2011 25014 Peachtree Village 02-213-41-734220-391 950.00



03/08/2011 25017 Randolph Village 02-213-41-734220-391 635.00

03/08/2011 25018 Randolph Village 02-213-41-734220-391 885.00

03/08/2011 25019 Salvatore Tsegai 02-213-41-734220-391 300.00

03/08/2011 25020 Victory Hill East 02-213-41-734220-391 350.00

03/08/2011 25021 Westfield Estates @ F.P. 02-213-41-734220-391 894.00

03/08/2011 25022 Woodfield Estates 02-213-41-734220-391 694.00

03/09/2011 25023 Postmaster 01-201-27-345100-068 800.00

03/11/2011 25024 Dartmouth Village, LLC 02-213-41-734220-391 764.00

03/11/2011 25025 Dartmouth Village, LLC 02-213-41-734220-391 1,116.00

03/11/2011 25026 Falcon Oil 02-213-41-734220-391 453.00

03/11/2011 25027 Hackettstown Oil 01-201-27-345100-368 508.50

03/11/2011 25028 Homeless Solutions Inc. 01-201-27-345100-368 1,075.00

03/11/2011 25029 Howell Management 01-201-27-345100-368 1,500.00

03/11/2011 25030 JCP & L 01-201-27-345100-368 364.30

03/11/2011 25031 JCP & L 01-201-27-345100-368 411.25

03/11/2011 25032 JCP & L 01-201-27-345100-368 447.04

03/11/2011 25033 JCP & L 01-201-27-345100-368 399.74

03/11/2011 25034 JCP & L 01-201-27-345100-365 511.49

03/11/2011 25035 Landing Snono 01-201-27-345100-368 480.00

03/11/2011 25036 M & M Fuel 01-201-27-345100-368 487.50

03/11/2011 25037 Netcong Heights Apartments 02-213-41-734220-391 665.00

03/11/2011 25038 New Jersey Natural Gas 01-201-27-345100-368 317.84

03/11/2011 25039 Orlando Alegria 01-201-27-345100-368 1,000.00

03/11/2011 25040 Pasquale Dattolo 02-213-41-734220-391 500.00

03/11/2011 25041 PSE & G 01-201-27-345100-368 282.79

03/11/2011 25042 River Park Village 02-213-41-734220-391 896.0003/11/2011 25043 Skytop Motel 01-201-27-345100-368 110.00

03/11/2011 25044 Mr. Ed Lewthwaite 01-201-27-345100-365 600.00

03/15/2011 25045 Cirillo Partners 01-201-27-345100-365 907.50

03/15/2011 25046 Void Check Void Check 0.00

03/15/2011 25047 JCP & L 01-201-27-345100-368 175.00

03/15/2011 25048 Keil Oil Inc. 01-201-27-345100-368 499.83

03/15/2011 25049 Mendham Senior Housing Corp. 01-201-27-345100-368 575.00

03/15/2011 25050 Parsippany Inn 01-201-27-345100-368 200.00

03/15/2011 25051 Ezaz Khan 01-201-27-345100-368 1,500.00

03/16/2011 25052 Abdul Jawed 02-213-41-734220-391 1,000.00

03/16/2011 25053 Clinton Manor Arms LLC 02-213-41-734220-391 2,535.00

03/16/2011 25054 Days Inn 01-201-27-345100-368 150.0003/16/2011 25055 Days Inn 01-201-27-345100-368

01-201-27-345100-36565.0010.00

03/16/2011 25056 JCP & L 01-201-27-345100-368 193.57

03/16/2011 25057 Victory Hill East 01-201-27-345100-365 1,000.00

03/16/2011 25058 Parsippany Inn 01-201-27-345100-365 850.00

03/16/2011 25059 Parsippany Inn 01-201-27-345100-365 410.00

03/16/2011 25060 Riverbend Developers, LLC 02-213-41-734220-391 1,060.00

03/16/2011 25061 Riverbend Developers, LLC 02-213-41-734220-391 1,000.00

03/16/2011 25062 River Park Village 01-201-27-345100-36801-201-27-345100-365

330.00661.00

03/16/2011 25063 Westbound Homes 02-213-41-734220-391 1,070.00

03/17/2011 25064 Pitney Bowes 01-201-27-345100-068 3,000.00

03/22/2011 25065 Eagle Rock Village 01-201-27-345100-365 1,312.50

03/24/2011 25066 Kenvil Hotel 01-203-27-345100-365 755.00

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03/31/2011 25077 Shore Hill Apartments 02-213-41-734220-391 790.00

03/31/2011 25078 Skytop Motel 01-201-27-345100-365 200.00

03/31/2011 25079 Southeast Morris County MUA 01-201-27-345100-368 301.15

03/31/2011 25080 Swann Lake Enterprises LLC 01-201-27-345100-365 1,500.00

03/31/2011 25081 ESA P Portfolio Operating 01-201-27-345100-368 718.85

TOTAL 74,161.52

THEREFORE, BE IT RESOLVED, that the above payments be confirmed.

--(7)

BE IT RESOLVED, by the Board of Chosen Freeholders of the County ofMorris in the State of New Jersey as follows:

1. The Director of the Board of Chosen Freeholders is hereby authorized tosign and execute an interlocal services agreement for emergency radiodispatching services provided by the County’s Communication System tothe Township of Washington for 2011, a copy of which is on file in the

Office of the Department of Law and Public Safety and made a parthereof by reference.

2. This resolution shall take effect in accordance with the law.

--(8)

WHEREAS, the County of Morris wishes to enter into a Shared ServicesAgreement with the Town of Morristown for Lead Hazard Assessment to provideexpert lead hazard assessment services to the Town of Morristown to assist ininstances where elevated blood lead levels are detected; and,

WHEREAS the Town of Morristown has requested these services through theMorris County Department of Health Management;

NOW, THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders ofthe County of Morris in the State of New Jersey that the Director of theBoard of Chosen Freeholders is hereby authorized to sign and execute theaforesaid Shared Services Agreement, a copy of which is on file in the Officeof the Director of Law and Public Safety and made a part hereof by reference.

--(9)

BE IT RESOLVED, by the Board of Chosen Freeholders of the County ofMorris in the State of New Jersey that the Director of Finance and CountyTreasurer is hereby authorized to accept a second payment of $4,908.00 undergrant SFY 2011 (Part 2 - November 2010 to February 2011) from the State of

New Jersey, Department of Law and Public Safety, Police Training Commissionon behalf of the Morris County Public Safety Training Academy under the 2011Law Enforcement Officers Training and Equipment Fund to be used fordiscretionary purposes.

BE IT FURTHER RESOLVED, that the Director of Finance and CountyTreasurer is hereby authorized to sign and execute the State of New JerseyPayment Voucher in the amount of $4,908.00.

--(10)

WHEREAS, a contract was awarded on September 22, 2010 for the repair ofthe Landing Road Bridge #1400-073 in the Township of Roxbury; and

WHEREAS, it has been determined that it is necessary to increase saidcontract to provide for additional services;

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3. Increase in Cost: $ 40,097.24

4. New Contract Total: $661,707.24

5. The necessary amended Certificate of Availability of Funds has beenprovided by the Treasurer and said amended Certificate indicates the

availability of funds is as listed in Account #04-216-55-953027-951 andsaid account shall be charged.

6. The Director of the Board of Chosen Freeholders is hereby authorized toexecute said contract modification.

7. This resolution shall take effect immediately.

--(11)

WHEREAS, the Board of Chosen Freeholders of the County of Morrisadopted the Policy and Procedures Manual on January 28, 1981; and,

WHEREAS, Policy No. 1:4.04, “Drug Free Workplace” has been revised tocross-reference Policy No. 3:6.1, “Alcohol and Drug Policy for Morris AreaParatransit System”; and,

WHEREAS, Policy Number 1:4.06, “Use of County Vehicles” have beenrevised to cross-reference Policy No. 3:6.1, “Alcohol and Drug Policy forMorris Area Paratransit System”, and Section 1. A. “Department Assignments”of the same policy has also been revised and simplified;

NOW, THERE11)FORE, BE IT RESOLVED, by the Board of Chosen Freeholdersof the County of Morris in the State of New Jersey that the Policy andProcedures Manual is hereby amended by deleting the original versions of theabove numbered policies and including the revised versions, copies of whichare on file in the Office of the County Administrator and made a part hereof

by reference.

--(12)

WHEREAS, the County Treasurer has been advised that the followingchecks have been lost and payment has been stopped on same,

THEREFORE, BE IT RESOLVED, that the County Treasurer is herebyauthorized to reissue the same.

CHECK # DATE AMOUNT PAYEE ACCOUNT BANK101191 08/23/10 $ 37.44 Ronald Suarez, MD Centralized

DisbursementBank ofAmerica

327982 10/27/10 $165.00 NJICLE CentralizedDisbursement

Bank ofAmerica

331723 02/09/11 $578.40 Robin Lamoreaux CentralizedDisbursement

Bank ofAmerica

--(13)

In accordance with the authorization to pay per Chapter 127 P.L. 1985,the following checks have been issued by the County Treasurer:

DATE CHECK NO. PAYEE ACCOUNT AMOUNT04/15/11 334064 Bank of America 01-201-20-140100-084 $54.86

04/15/11 334064 Bank of America 01-201-20-130100-058 $70.2404/15/11 334064 Bank of America 01-201-20-130100-058 $39.63

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NOW, THEREFORE BE IT RESOLVED that the letter agreement dated April 11,2011, between the County of Morris and the Bank of America is herebyapproved.

--(15)

WHEREAS, the following Grant Fund budget appropriation balance remainunexpended:

773010 Safe Communities Construction $214.98

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

WHEREAS, it may be necessary to refund any excess fund received fromthe Grant Agency if we received funding in excess of the requirement of theprogram.

NOW, THEREFORE BE IT RESOLVED by the Board of Chosen Freeholders thatthe above listed balance in the grant fund be canceled and any excess fundreceived be returned to the appropriate Grant Agency.

--(16)

Resolution Authorizing Cost Recovery for HazMatExpenses Incurred by County

WHEREAS, the County designated the Morris County Division of HealthManagement as the County entity for administration of the CountyEnvironmental Health Act Program, pursuant to N.J.S.A. 26:3A2-21 et seq.(CEHA) and, authorized preparation and submission to the Department ofEnvironmental Protection (DEP) of a County Environmental Health Work Plan;and

WHEREAS, the DEP by order dated June 8, 2003, certified approval of theCounty Plan for hazardous materials emergency response and solid wastecontrol; and

WHEREAS, Morris County Board of Chosen Freeholders, has determined itis in the best interest of the County of Morris to establish a policyincluding standard procedures and provisions for the recovery from theresponsible party of costs of responses to hazardous materials emergencyspills and situations resulting from unpermitted discharges for hazardousmaterials and materials that are suspected of being hazardous;

WHEREAS, the County has designated the Morris County Division of RiskManagement to handle all cost recoveries for hazardous materials response andmaintain the policy including the standard procedures;

NOW, THEREFORE, BE IT RESOLVED, by the Morris County Board of ChosenFreeholders that the Morris County Loss Prevention Manual, of the MorrisCounty Policies and Procedures, adopted on January 28, 1981, and on file inthe Office of the Morris County Administrator, is hereby supplemented by thePolicy and Procedure entitled “Hazmat Cost Recovery Policy” which shall benumbered 3:15.0

--(17)

BE IT RESOLVED, by the Board of Chosen Freeholders of the County ofMorris in the State of New Jersey that the Director of the Board of Chosen

Freeholders and the Director of Finance and County Treasurer are herebyauthorized to sign and execute a budget Modification to contract #TS11014,for the Fiscal Year 2011, with the New Jersey Department of Human Services,

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WHEREAS, it has been determined that it is necessary to increase saidcontract to provide for additional construction services;

NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders ofthe County of Morris in the State of New Jersey that, pursuant to LocalPublic Contract Regulations, contract modifications as detailed on “Contract

Change Order Request” No. 2-209001155 are hereby approved as follows:

1. Vendor: Sparwick Contracting, Inc.18 Route 94Lafayette, N.J. 07848

2. Item: Additional reinforcement steel, epoxy coated, Bridge #393on South Jefferson Road in Hanover Township


4. New Contract Total: $ 1,056,470.15

5. The necessary amended Certificate of Availability of Funds has beenprovided by the Treasurer and said amended Certificate indicates theavailability of funds is as listed in Capital Account #04-216-55-953027-951 $9,216.59 and Account #04-216-55-953174-951 $53,132.41.



--(19)

BE IT RESOLVED as follows:

WHEREAS, an emergency condition exists affecting the safety and healthof citizens of Morris County;

WHEREAS, the performance of repair of the Cooling Tower must beundertaken to alleviate this emergency situation;

NOW THEREFORE BE IT RESOLVED by the Board of Chosen Freeholders of theCounty of Morris as follows:

1. The action of the Purchasing Agent, in authorizing the performance ofthe work during this emergency condition pursuant to N.J.S.A. 40A:11-6,is hereby approved, ratified and confirmed.

2. A contract is awarded to:

Kenvil Weldery & Machine Inc.15 Kings ParkwayLedgewood NJ 07852Amount: $12,200.00Vendor #1343

Said amount shall be charged to Account #04-216-55-953162-951


--(20)

BE IT RESOLVED as follows:

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

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Long Valley NJ 07853 Amount: $7,139.50Co-op#51

Dell Marketing LP Prosecutor’sOne Dell Way 02-213-41-771115-391Round Rock TX 78682 Amount: $9,520.89

#WN88ABZ

Dell Marketing LP Prosecutor’sOne Dell Way 02-213-41-771115-391Round Rock TX 78682 Amount: $2,736.10#WN88ABZ

Dell Marketing LP Prosecutor’sOne Dell Way 02-213-41-771115-391Round Rock TX 78682 Amount: $6,595.68#WN88ABZ

Emerald Professional Morris View Healthcare285 Pierce Street 01-201-27-350125-182Somerset NJ 08873 Amount: $13,778.55HGP1111

Penn-Jersey Paper Co. Morris View Nursing Home232 Solomone Avenue 01-201-27-350130-046W Paterson NJ 07424 Amount: $1,575.00

Dell Marketing LP Sheriffs OfficeOne Dell Way 02-213-41-771115-391Round Rock TX 78682 Amount: $1,332.51NJSC#A77003

Dell Marketing LP Sheriff’s Office

One Dell Way 04-216-55-954155-955Round Rock TX 78682 Amount: $3,428.51#WN88ABZ

D & B Supply Motor Service Center320 Lincoln Blvd 01-201-26-315100-291Middlesex NJ 08846 Amount $1,010.81CC-48-10

Route 23 Auto Mall Motor Service Center1301 Route 23 01-201-26-315100291Butler NJ 07405-1797 Amount; $2,230.90CC-48-10

Kimball International Engineering Division1600 Royal St GOX201 04-218-55-953226-951Jasper IN 47549-1001 Amount: $30,526.20NJSC#A69941

Smith Tractor & Equipment Inc Motor Service CenterP O Box 310 01-201-26-315100-245Washington NJ 07882 Amount: $1,065.33

Woodruff Energy Morris View Healthcare73 Water Street 01-201-27-350110-141Bridgetown NJ 08302-0499 Amount: $35,540.84HGP1144

Leadingage New Jersey Inc Morris View Healthcare13 Rozel Road 01-201-27-350100-023

$

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Dell Marketing LP ITD850 Asbury Drive 04-216-55-952123-955Buffalo Grove IL 60089 Amount: $15,221.47

--(21)

WHEREAS, a contract was renewed on December 8, 2010 for provision ofrock salt; and

WHEREAS, it has been determined that it is necessary to increase saidcontract to provide for additional quantities of rock salt;

NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders ofthe County of Morris in the State of New Jersey that, pursuant to LocalPublic Contracts Regulations, contract modification as detailed on "ContractChange Order Request" No. 2-29240 is hereby approved as follows:

1. Vendor: International Salt Company, LLC655 Northern BoulevardClarks Summit, PA 18411

2. Item: Provision of rock salt


4. New Contract Total: $ 1,189,652.79

5. The necessary amended Certificate of Availability of Funds has beenprovided by the Treasurer and said amended Certificate indicates theavailability of funds is as listed in FMS Account #01-201-26-290100-242and said account shall be charged.



--(22)

WHEREAS, there exists a need for Engineering Services for ConstructionInspection for the Replacement of Bridge No. 1400-386 on Whippany Road overthe Whippany River in the Township of Hanover, and Bridge No. 1400-407 onSmith Road over Eastmans Brook in the Township of Parsippany-Troy Hills,County of Morris, New Jersey; and

WHEREAS, the contract was awarded as a “Professional Service” inaccordance 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 theCounty of Morris in the State of New Jersey as follows:

1. The agreement between the County of Morris and

Greenman-Pedersen, Inc.325 West Main Street

Babylon, New York 11702Bridge No. 1400-386 Bridge No. 1400-407Amount: $93,600.00 Amount: $47,430.00Account #: 04-216-55-953184-909 Account #: 04-216-55-953225-909Term: August 1, 2011 through Term: September 6, 2011 throughJanuary 27, 2012 December 30, 2011

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

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

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

--(23)

WHEREAS, there exists a need to provide Professional Physical,Occupational and Speech Therapy Services to the residents of the Morris ViewHealthcare Center, located at 540 West Hanover Avenue, Morris Plains, NewJersey; and

WHEREAS, the contract was awarded as a “Professional Service” inaccordance with N.J.S.A. 40A:11-5(1)(a)(i) et seq. through a fair and openprocess, pursuant to N.J.S.A. 19:44A-20.4 et seq.;



EnduraCare Therapy Management, Inc.2500 N. Buffalo Rd, Suite #210Las Vegas, NV 89128Accounts #: 01-201-27-350140-036 $360,000.00 Physical

01-201-27-350140-194 $250,000.00 Occupational01-201-27-350140-199 $290,000.00 Speech

Total Amount: $900,000.00Term: April 1, 2011 through March 31, 2012

for the aforesaid services, a copy of which is on file at the MorrisCounty Purchasing Division and is made a part hereof by reference, ishereby approved and shall be entered into by this Board.

2. The Director of the Board of Chosen Freeholders is hereby authorized toexecute said agreement conditioned upon the contractor’s compliancewith the requirements set forth in paragraph 6 below.

3. The Treasurer is hereby authorized to issue a Certificate ofAvailability of Funds charging the appropriate accounts for amountsreflecting all liabilities to be incurred through March 31, 2012, inaccordance with N.J.R. 3644, 5:34-5.3 (a) (2).

4. Upon final adoption of the budget, a Certificate of Availability ofFunds shall be issued for the remaining balance subject to theappropriation of sufficient funds.

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

6. This contract is awarded pursuant to a fair and open process incompliance with N.J.S.A. 19:44A-20.4, et seq.

--(24)

WHEREAS, the original permit amount retained from Advance RealtyGroup/Hanover Associates was $11,300.00, and

WHEREAS, Advance Realty Group/Hanover Associates requested $8,800.00 bereturned to him on May 8, 1987 which leaves a balance of $2,500.00 and

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

that County of Morris through its Director of Finance/County Treasurer torelease the sum of Two Thousand Five Hundred Dollars ($2,500.00) togetherwith accrued interest on said amount to Advance Realty Group/Hanover

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(25)WHEREAS, there exists a need to provide Engineering Design Services for

Nursing Area Renovations at the Morris View Healthcare Center, located at540 West Hanover Avenue, Morris Plains, New Jersey; 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. through a fair and openprocess, pursuant to N.J.S.A. 19:44A-20.4 et seq.;



EI Associates & Engineers, PA.8 Ridgedale AvenueCedar Knolls, New Jersey 07927Accounts #: 04-216-55-955201-909Total Amount: $31,600.00Term: Completion within Sixty (60) Calendar Days.

for the aforesaid services, a copy of which is on file at the MorrisCounty Purchasing Division and is made a part hereof by reference, ishereby approved and shall be entered into by this Board.

2. The Director of the Board of Chosen Freeholders is hereby authorized toexecute said agreement conditioned upon the contractor’s compliancewith the requirements set forth in paragraph 5 below.

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

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


--(26)

WHEREAS, a contract was awarded on December 21, 2009 for thereplacement of the Canal Street Bridge #1401-000; and

WHEREAS, it has been determined that it is necessary to increase saidcontract to provide for additional professional services;


1. Vendor: FST Engineers, Inc.155 Passaic AvenueFairfield, NJ 07004

2. Item: Additional professional services regarding replacement ofthe Canal Street Bridge #1401-000



5. The necessary amended Certificate of Availability of Funds has beenprovided by the Treasurer and said amended Certificate indicates the

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WHEREAS, it has been determined that it is necessary to increase saidcontract to provide for additional professional services of an outsideconsultant to provide commissioning services under the direction of EpicManagement, Inc.;

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

the County of Morris in the State of New Jersey that, pursuant to LocalPublic Contracts Regulations, contract modification as detailed on "ContractChange Order Request" No. 1-23254 is hereby approved as follows:

1. Vendor: Epic Management, Inc.136 11th StreetPiscataway, NJ 08854

2. Item: Additional professional services to provide commissioningservices under the direction of Epic Management



5. The necessary amended Certificate of Availability of Funds has beenprovided by the Treasurer and said amended Certificate indicates theavailability of funds is as listed in Account #04-216-55-953163-909 andsaid account shall be charged.



--(28)

WHEREAS, a contract was awarded on December 8, 2010 for a remedialinvestigation report for 260 Littleton Road in the Township of Parsippany-Troy Hills; and

WHEREAS, it has been determined that it is necessary to increase saidcontract to provide for additional professional services;


1. Vendor: LAN Associates445 Godwin AvenueMidland Park, NJ 07432

2. Item: Additional professional services to review the remedialreport to expedite closing of NJDEP Case #08-05-08-1419-21



5. The necessary amended Certificate of Availability of Funds has beenprovided by the Treasurer and said amended Certificate indicates theavailability of funds is as listed in Account #04-216-55-953202-909 andsaid account shall be charged.


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

any facilities under County jurisdiction, including but not limited tosight triangle easements, bridge maintenance easements and roadwaydedications (per official map) as required by the grant agreement.

3. That the Director of the Board of Chosen Freeholders is herebyauthorized 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 theoffice of the Department of Planning & Development made a part hereofby reference.

4. That the Treasurer issue a Certificate of Availability of Fundsindicating that funds are available from the Morris County DedicatedOpen Space Account #13-290-56-580552-888 and process payment to thegrantee or its designated agent as directed by the office of theDepartment of Planning & Development, all in accordance with thisresolution.

--(30)

WHEREAS, the Morris County Open Space & Farmland Preservation TrustFund Committee (hereinafter, the "Committee") recommended, and the Board ofChosen Freeholders approved, six (6) grant awards in 2009 to certainmunicipalities and non-profits (hereinafter, the “grantees”); and

WHEREAS, each grantee listed below has requested and the Committeeapproves a six (6)-month extension to each due to the complexity ofnegotiations and the delay of certain necessary tasks prior to acquisition.


1. The Board accepts the recommendation of the Committee to grant a six(6)-month extension to each of the grantees below with the expirationdate as listed:

Canal Society of New Jersey/“Morris Canal Greenway-Shippenport” (toexpire 10-01-11, CAF #1017-1)

Borough of Florham Park/“Stobaeus Park Addition” (to expire 10-01-11,CAF #C1011-1)

Township of Montville/“MarketPlace” (to expire 10-01-11, CAF#1014-1)Township of Montville/“Van Ness” (to expire 10-01-11, CAF #1013-1)Township of Hanover/“Bee Meadow Greenway-Phase II” (to expire 10-01-11,

CAF #1002-1)Township of Mt. Olive & The Land Conservancy of NJ/“South Branch

Preserve” (to expire 10-01-11, CAF #1015-1)

2. The County Treasurer shall recertify the Certificate of Availability ofFunds for each project as listed above.


--(31)

RESOLVED, that the Director is hereby authorized to execute and theClerk shall certify, attest and affix the seal to the Cancellation ofMortgage in the matter of the following clients and the Clerk shall deliverthe same to Community Development.

Martin & Sandra Martinez

--

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WHEREAS, the County of Morris wishes to file an appropriate applicationwith the Office of Highway Traffic Safety for $20,000.00 on behalf of theMorris County Prosecutor’s Office under this program;

NOW, THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders ofthe County of Morris in the State of New Jersey as follows:

1. The submission of the aforesaid grant application to the New JerseyDivision of Highway Traffic Safety, Department of Law and PublicSafety, for the aforesaid purpose, on behalf of the Morris CountyProsecutor’s Office, a copy of which is on file in the Office of theCounty Administrator and made a part hereof by reference, is herebyapproved, ratified and confirmed.

2. The Director of Finance and County Treasurer’s actions in approving theaforesaid grant application is hereby approved, ratified and confirmedand he is authorized to accept the aforesaid funds, crediting theappropriate account.

--(33)

WHEREAS, the New Jersey Division of Highway Traffic Safety, Departmentof Law and Public Safety has solicited grant requests from local governmentsto award grants for the fiscal year 2011 – 2012 under the Northern New JerseySafe Communities Program; AND,

WHEREAS, Morristown Memorial Hospital has indicated an interest inproviding such a program; and,

WHEREAS, the County of Morris wishes to file an appropriate applicationwith the Office of Highway Traffic Safety on behalf of Morristown MemorialHospital for $129,233.00 under this program;

NOW, THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders ofthe County of Morris in the State of New Jersey as follows:

1. The submission of the aforesaid grant application to the New JerseyDivision of Highway Traffic Safety, Department of Law and PublicSafety, for the aforesaid purpose, on behalf of Morristown MemorialHospital, a copy of which is on file in the Office of the CountyAdministrator and made a part hereof by reference, is hereby approved,ratified and confirmed.

2. The Director of Finance and County Treasurer’s actions in approving theaforesaid grant application is hereby approved, ratified and confirmedand he is authorized to accept the aforesaid funds, crediting theappropriate account.

--(34)

RESOLUTION PROVIDING FOR THE INSERTION OF ANY SPECIALITEM OF REVENUE IN THE BUDGET OF ANY COUNTY OR MUNICIPALITY

PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948)

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Divisionof Local Government Services may approve the insertion of any special item ofrevenue in the budget of any county or municipality when such item shall havebeen made available by law and the amount thereof was not determined at thetime of the adoption of the budget, and

WHEREAS, said Director may also approve the insertion of an item ofappropriation for equal amount,

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Revenue Title: U.S. Department of Housing and Urban Development Amount: $297,000.00Appropriation Title: Economic Development Initiative (EDI) Amount: $297,000.00Local Match - Source: Amount: $__________

BE IT FURTHER RESOLVED, that pursuant to N.J.S.A 40A:4-87 thisresolution has been duly adopted by the governing body of the County ofMorris and that one (1) certified copy of this resolution be forwarded to theDivision of Local Government Services.

--(35)

With respect to recent bidding for the Demolition and Abatement of theWashington Building, located at 32 Washington Street, Morristown, New Jersey,a contract is hereby awarded to the lowest, most responsible bidder asfollows:

TotalLVI Demolition Services Inc. $693,737.60 (not to exceed)32 Williams ParkwayEast Hanover, NJ 07936Duration: One Hundred Twenty (120) days

Budget: 04-216-55-953165-951($105,556.60)04-216-55-953191-951($142,000.00)04-216-55-953239-951($149,181.00)Economic Development Initiative (EDI) from HUD ($297,000.00)

Dept: Engineering

1. The Treasurer is hereby authorized to issue a Certificate ofAvailability of Funds.

2. The Purchasing Agent is hereby authorized to execute said contract asprepared by County Counsel.

3. The resolution shall take effect immediately.


--(36)

WHEREAS, the New Jersey State Agriculture Development Committee (SADC)has approved a grant to Morris County for the purchase of a developmenteasement from Allen Richardi and Denise Richardi, husband and wife, to theCounty of Morris, for Block 43, Lot 74.01, Washington Township, MorrisCounty, New Jersey; and

WHEREAS, the Board of Chosen Freeholders of the County of Morris isdesirous of authorizing the County Treasurer to draw County Funds in an

amount representing the SADC's cost share and the County share for thepurchase of said development easement rights.

NOW, THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders ofthe County of Morris as follows:

1. That Morris County accepts from the SADC a grant for 51.81% of thepurchase price and 56.24% of the SADC certified value of thedevelopment easement representing the State's cost share of thepurchase price to Allen Richardi and Denise Richardi, husband and wife,to the County of Morris, for Block 43, Lot 74.01, Washington Township,Morris County, New Jersey as approved by the State AgricultureDevelopment Committee. The Freeholder Director and the Clerk of theBoard are authorized to sign and attest, respectively, the State GrantAgreement and all other documents related to the development easementacquisition.

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

--(37)

WHEREAS, on July 9, 2007 a Settlement Agreement and General Release(“Settlement Agreement”), Exhibit A attached, was entered into by Benks Land

Services, Inc. (“Benks”), the County of Morris (“County”), Randolph KarateAcademy, L.L.C. (“Academy”) and RKA Development, L.L.C. (“RKA”), the“parties”;

WHEREAS, the payment provisions of the Settlement Agreement providedfor an immediate payment to Benks and Academy in the amount of $7,040.00respectively, which was accomplished through Resolution Number 24 adopted atthe meeting of the County Freeholders on July 25, 2007. A remaining escrowamount of three thousand five hundred twenty dollars ($3,520.00) was retainedby the Morris County Treasurer (“Treasurer”) on deposit for Road OpeningPermit 03-341 for a period not to exceed three (3) years, and then the escrowamount was to be distributed to Benks and Academy in the amount of $1,760.00respectively; and

WHEREAS, three years has expired for the retained escrow and pursuantto the Settlement Agreement the County is desirous of distributing to Benksand Academy the escrow amount.

NOW, THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders ofthe County of Morris in the State of New Jersey, that pursuant to theSettlement Agreement, the Treasurer is hereby authorized to release theremaining escrow to plaintiff Benks, to the Trust Account of Bernd E. Hefele,Esq. in the amount of $1,760.00 plus one half of interest accrued; anddefendant Academy to the Trust Account of Joel A. Drucker, Esq., in theamount of $1,760.00 plus one half of interest accrued.

--

(38) BE IT RESOLVED by the Board of Chosen Freeholders of the County ofMorris in the State of New Jersey that the following individuals are herebyappointed to the Morris/Sussex/Warren Workforce Investment Board, to servewithout salary.

TermCarol Hults, Vice President & Corp. Secretary 12/31/2013Highlands State Bank (unexpired term ofP.O. Box 160 – 310 Route 94 P. Vasquez)Vernon, NJ 07462

Anthony Macerino, Interim Superintendent 12/31/2011Sussex County Technical School (unexpired term of105 North Church Road M. Toback)Sparta, NJ 07871

Dr. Paul Mazur, President 12/31/2013Sussex County Community CollegeCollege HillNewton, NJ 07860

--

(39)WHEREAS, the Township of Morris is desirous of installing traffic

control signal monitoring systems at the intersection of Park Avenue andColumbia Turnpike in Morris Township; and;

WHEREAS, the State of New Jersey has already approved installation ofthis system at the aforesaid intersection; and,

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2. That the County of Morris shall not be involved with the installation,sharing the revenue or any costs associated with the installation oroperation of traffic control signal monitoring systems at theintersection of Park Avenue and Columbia Turnpike in Morris Township.

3. That the total ongoing maintenance/operation/and all staff (law

enforcement and non law enforcement) cost and any associated expensesemanating from said traffic control signal monitoring systems at theintersection of Park Avenue and Columbia Turnpike in Morris Townshipshall be the complete responsibility of the Township of Morris.

4. That the Township of Morris shall indemnify and hold harmless theCounty of Morris for any and all claims emanating from the presence oroperation of said traffic control signal monitoring systems at theintersection of Park Avenue and Columbia Turnpike in Morris Townshipshall be the complete responsibility of the Township of Morris

--(40)

RESOLUTION PROVIDING MORRIS COUNTY'S CONSENT TO THE ISSUANCE BY THE MORRISCOUNTY IMPROVEMENT AUTHORITY OF THE AUTHORITY’S COUNTY OF MORRIS GUARANTEED

RENEWABLE ENERGY PROGRAM LEASE REVENUE BONDS, SERIES 2011 (FEDERALLY TAXABLE)IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $60,000,000 AND RELATED

DOCUMENTS

WHEREAS, The Morris County Improvement Authority (including anysuccessors and assigns, the "Authority") has been duly created by resolutionno. 42 entitled "Resolution of the Board of Chosen Freeholders of MorrisCounty, New Jersey creating the Morris County Improvement Authority" dulyadopted by the Board of Chosen Freeholders (the "Board of Freeholders") ofthe County of Morris (the "County") in the State of New Jersey (the "State")on April 10, 2002 as a public body corporate and politic of the Statepursuant to and in accordance with the county improvement authorities law,

constituting Chapter 183 of the Pamphlet Laws of 1960 of the State, and theacts amendatory thereof and supplemental thereto (the "Act") and otherapplicable law;

WHEREAS, the Authority has developed a program (the “Renewable EnergyProgram”) for the financing, design, permitting, acquisition, construction,installation, operation and maintenance of renewable energy capital equipmentand facilities such as solar panels, wind turbines, and hydro-electric, bio-diesel, geothermal, and bio-mass facilities, including any related electricalmodifications, work related to the maintenance of roof warranties, or otherwork 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 the County and localgovernmental units within the County, including without limitationmunicipalities, boards of education for school districts, local authoritiesand any other local government instrumentalities, public bodies or otherlocal government entities; collectively, including the County, the “LocalUnits”);

WHEREAS, the Renewable Energy Projects procured under the RenewableEnergy Program are to be installed on, in, affixed or adjacent to and/or forany other Local Unit controlled buildings, other structures, lands or otherproperties of the Local Units (collectively, the “Local Unit Facilities”);

WHEREAS, it may be necessary, desirable or convenient, in connectionwith the financing, design, permitting, acquisition, construction,installation, operation and maintenance of the Renewable Energy Projects, to

finance, design, permit, acquire, construct, renovate and install certaincapital improvements to the Local Unit Facilities, including withoutlimitation, improvements to or replacement of, roofing systems, if any (the

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WHEREAS, on February 18, 2010 the Authority issued its $21,600,000aggregate principal amount of “County of Morris Guaranteed Renewable EnergyProgram Lease Revenue Bonds, Series 2009A [Federally Taxable]”, to financethe initial tranche (the “Initial Tranche”) of the Authority’s RenewableEnergy Program;

WHEREAS, the Authority is presently funding the engineering, energyconsulting, legal, financial advisory and other preliminary costs of thesecond tranche (the “Second Tranche”) of its Renewable Energy Programnecessary, desirable or convenient for the development and implementation ofthe Renewable Energy Program (the “Preliminary Program Costs”) prior to theissuance of the Authority’s hereinafter defined Series 2011 Bonds;

WHEREAS, in order to implement the Second Tranche of the RenewableEnergy Program, the Authority has determined to finance the respectiveRenewable Energy Projects and Capital Improvement Projects, if any, on, in orabout the respective Local Unit Facilities, all as set forth on Exhibits B,C, and A to the hereinafter defined Local Unit License Agreement for each ofthe following participating Local Units:

(i) Township of Hanover and Township of Parsippany-Troy Hills(collectively, the “Municipal Series 2011 Local Units”); and

(ii) Chester School District, Kinnelon Board of Education, Mine HillBoard of Education, Montville Township Board of Education, MorrisKnolls School District, Morris Plains Board of Education, MorrisSchool District, Randolph Board of Education and WashingtonTownship Board of Education (collectively, the “Board ofEducation Series 2011 Local Units”); and

(iii) County College of Morris (the “County Series 2011 Local Units”);

(each a “Series 2011 Local Unit”, and together with any additional local

governmental units within the County that might be added by the Authority tothe Second Tranche pursuant to the hereinafter defined Local Finance BoardApplication or otherwise, collectively, the “Series 2011 Local Units”),through the issuance by the Authority of one or more series of bonds andnotes entitled “County of Morris Guaranteed Renewable Energy Program LeaseRevenue [Notes] Bonds, Series 2011 (Federally Taxable)” dated their date ofdelivery, Outstanding (as defined in the Bond Resolution upon issuance) inthe aggregate principal amount (including Sinking Fund Installments, if any,as such term is defined in the Bond Resolution) not to exceed $60,000,000(the “Series 2011 Bonds”);

WHEREAS, in order to finance the Renewable Energy Projects for theSeries 2011 Local Units on, in or about their Local Unit Facilities, theAuthority may sell one or more series of Series 2011 Bonds, (i) one series byeither a competitive process or by negotiated sale after a competitiveprocess an underwriter (the “Underwriter”) the terms of which sale shall beas set forth in that certain Bond Purchase Agreement between the Underwriterand the Authority (the “Series 2011A Bonds”), and (ii) two series of notes(collectively, the “Series 2011B Notes, and together with the Series 2011ABonds, the previously defined “Series 2011 Bonds”), either by the same salemethod as the Series 2011A Bonds or by direct sale to the County; provided,however that the aggregate principal amount of the Series 2011A Bonds and theSeries 2011B Bonds together with any other bonds issued under the BondResolution shall not exceed $60,000,000;

WHEREAS, any notes issued as Series 2011 Bonds may be refunded throughthe issuance of one or more series of notes or bonds issued as Series 2011

Bonds, so long as (i) the principal amount of such notes or bonds, eachissued as Series 2011 Bonds and Outstanding in the aggregate at any one timeunder and as defined in the hereinafter defined Bond Resolution, does not

$

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installation, operation and maintenance of the Renewable Energy Projects forthe Series 2011 Local Units, (iv) costs incurred or to be incurred inconnection with the design, permitting, acquisition, construction,renovation, and installation of the Capital Improvement Projects for theSeries 2011 Local Units, if any, (v) capitalized interest and/or reserves, ifany, and (vi) such other amounts as shall be set forth in the Bond Resolution

(collectively, the Series 2011 Project”);

WHEREAS, the Series 2011 Bonds, and any Additional Bonds defined underthe Bond Resolution (collectively, the “Bonds”) shall be issued pursuant tothe terms of that certain “RESOLUTION AUTHORIZING THE ISSUANCE OF County OFMORRIS Guaranteed Renewable Energy Program Lease Revenue NOTES AND Bonds,Series 2011 AND ADDITIONAL BONDS OF THE MORRIS COUNTY IMPROVEMENT AUTHORITY”to be adopted by the governing body of the Authority, as amended andsupplemented from time to time in accordance with its terms, including by oneor more Certificates of an Authorized Officer of the Authority, each datedthe date of issuance of the respective series of Series 2011 Bonds (the “BondResolution”), all in accordance with Sections 17-19 of the Act (N.J.S.A.40:37A-60, 61 and 62) and all other applicable law;

WHEREAS, pursuant to N.J.S.A. 40:37A-77 of the Act, N.J.S.A. 40A:65-4of the Uniform Shared Services and Consolidation Act (as amended andsupplemented from time to time, the “Shared Services Act”) and otherapplicable law, upon or prior to the issuance of the Series 2011 Bonds, theAuthority shall have entered into a “License and Access Agreement (MorrisCounty Renewable Energy Program, Series 2011)” to be dated as of the firstday of the month of issuance of the Series 2011 Bonds (as the same may beamended or supplemented from time to time in accordance with its terms, eachagreement shall constitute a “Local Unit License Agreement”, andcollectively, the “Local Unit License Agreements”) with each Series 2011Local Unit that would, among other things, provide the Authority and/or itsassignees the right and obligation to (i) access the Local Unit Facilities ofeach such Series 2011 Local Unit, most particularly their roofs and

electrical systems (the “Local Unit License”), (ii) finance, design, permit,acquire, construct, install, operate and maintain the Renewable EnergyProjects on, in, affixed or adjacent to, or for the benefit of such LocalUnit Facilities, (iii) finance, design, permit, acquire, construct, renovate,and install, the Capital Improvement Projects, if any, on, in, affixed oradjacent to, or for the benefit of such Local Unit Facilities, (iv) receivethe right to the renewable energy produced from the Renewable Energy Projectsfinanced by the Series 2011 Bonds, and (v) sell all or a portion of therenewable energy produced from such Renewable Energy Projects through theAuthority to the respective Series 2011 Local Units, pursuant to anassignment (under each Local Unit License Agreement) from the Authority tothe Series 2011 Local Units of the Power Purchase Agreement (as hereinafterdefined), the terms of which Power Purchase Agreement could be entered intodirectly by the Series 2011 Local Units under N.J.S.A. 40A:11-15(45) of theLocal Public Contracts Law (for the Municipal and County Series 2011 LocalUnits) and under N.J.S.A. 18A:18A-42(o) of the Public Schools Contracts Law(for the Board of Education Series 2011 Local Units);

WHEREAS, upon or prior to the issuance of the Series 2011 Bonds, and inaccordance with (i) N.J.S.A. 40A:11-4.1(k) of the Local Public Contracts Law,(ii) Local Finance Board Notice 2008-20, December 3, 2008, Contracting forRenewable Energy Services, (iii) the State Board of Public Utilities (“BPU”)protocol for measuring energy savings in PPA agreements dated February 20,2009 (Public Entity Energy Efficiency and Renewable Energy Cost SavingsGuidelines), (iv) Local Finance Board Notice 2009-10 dated June 12, 2009,Contracting for Renewable Energy Services: Update on Power PurchaseAgreements, and (v) all other applicable law, and pursuant to a competitive

contracting process governed thereby, which shall include a request for solardeveloper proposals to be issued by the Authority (the “Company RFP”) and thereceipt of proposals from prospective solar developers, including that (the

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be amended or supplemented from time to time in accordance with its terms,the “Company Lease Agreement”) between the Authority, as owner and lessor,and the Company, as lessee, (I) conveying to the Company a leasehold interestin and to the Renewable Energy Projects, (II) assigning to the Company alicense of the necessary portion of each Series 2011 Local Units’ Local UnitFacilities (obtained by the Authority through the Local Unit License

Agreements) in order for the Company to design, permit, acquire, construct,install, operate and maintain the Renewable Energy Projects, and to design,permit, acquire, construct, renovate, and install the Capital ImprovementProjects, if any, in both cases, for such Series 2011 Local Units, and (III)obligating the Company to operate and maintain, or cause the operation andmaintenance of, the Renewable Energy Projects for the Series 2011 LocalUnits;

(b) That certain “Power Purchase Agreement (Morris County Renewable EnergyProgram, Series 2011)” to be dated as of the first day of the month ofissuance of the Series 2011 Bonds (as the same may be amended or supplementedfrom time to time in accordance with its terms, the “Power PurchaseAgreement”) authorized pursuant to N.J.S.A. 40:37A-77 and -78 of the Act,N.J.S.A. 40A:65-4 of the Shared Services Act, N.J.S.A. 40A:11-15(45) of theLocal Public Contracts Law (regarding that portion to be assigned to themunicipal/County Series 2011 Local Unit under the applicable Local UnitLicense Agreement), N.J.S.A. 18A:18A-42(o) of the Public Schools ContractsLaw (regarding that portion to be assigned to the board of education Series2011 Local Units under the applicable Local Unit License Agreements) and theguidelines applicable to such contracts promulgated by the State Board ofPublic Utilities (the “BPU”), whereby, among other things,

(I) The Company shall establish a power purchase price based, in part, onthe Authority’s covenant in the Company Lease Agreement to issue the Series2011 Bonds to finance the Renewable Energy Projects, and if applicable, theCapital Improvement Projects, for the Series 2011 Local Units, and theCompany shall be entitled to draw a dedicated portion of the net proceeds of

the Series 2011 Bonds for the design, permitting, acquisition construction,renovation, and installation of such Projects on a requisition basis,

(II) The Company shall establish a power purchase price based, in part, onthe Authority’s covenant in the Company Lease Agreement, as nominal owner ofthe Renewable Energy Projects for State law purposes, to assign to theCompany all or a portion of the Authority’s rights to the Solar RenewableEnergy Certificates (“SRECs”) generated by the Renewable Energy Projects forthe Series 2011 Local Units, and

(III) The Company shall sell to the Authority for the benefit of the Series2011 Local Units, for a term of fifteen (15) years, plus extensions ifapplicable, for a fixed power purchase price per kilowatt hour, as escalatedunder the terms thereof (such terms to be established pursuant to the CompanyProposal), the renewable energy generated by the Renewable Energy Projects,which Authority obligation to purchase shall be assigned to the Series 2011Local Units as part of the Local Unit License Agreements; and

(c) The Company Lease Agreement, the Power Purchase Agreement, thehereinafter defined Company Disclosure Agreement, and the hereinafter definedCompany Pledge Agreement, may be collectively defined as the “CompanyDocuments”);

WHEREAS, payment of the principal of (including mandatory sinking fundinstallments, if any) and interest on the Series 2011 Bonds, shall be securedby the Trust Estate as defined under and in accordance with the terms of theBond Resolution, which shall include, among other things, (i) Basic Lease

Payments to be made by the Company under, and as defined in, the CompanyLease Agreement, (ii) certain Additional Lease Payments to be made by theCompany under, and as defined in, the Company Lease Agreement, which

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$60,000,000 of, and interest (at interest rates not to exceed the maximumrates set forth in the Local Finance Board Application) on the Series 2011Bonds, but not any redemption premium, shall be fully, unconditionally andirrevocably guaranteed in accordance with (i) the terms of a guarantyordinance of the County to be finally adopted by the Board of Freeholders,(ii) by a guaranty certificate to be executed by an authorized officer of the

County within each Series 2011 Bond and (iii) a “County Guaranty Agreement(Morris County Renewable Energy Program, Series 2011)” to be dated as of thefirst day of the month of issuance of the Series 2011 Bonds (as the same maybe amended and supplemented from time to time in accordance with its terms,the “County Guaranty Agreement”) by and between the County and the Authority,as acknowledged by the Company and the Credit Facility Provider, if any (ashereinafter defined) setting forth, among other things, the County’sobligation to make any such guaranty payments in accordance with and withinthe parameters set forth in the guaranty ordinance and the Bond Resolution(collectively, the “County Guaranty”), all pursuant to Section 37 (“Section37”) of the Act (N.J.S.A. 40:37A-80);

WHEREAS, the holders of any Additional Bonds issued under the terms ofthe Bond Resolution, the Act and all other applicable law shall also beentitled to the pledge of the Trust Estate under the Bond Resolution on apro-rata basis with the holders of any Outstanding Bonds as defined therein,including the Series 2011 Bonds, although the guaranty of the County shallonly extend to any such Series of Additional Bonds to the extent (i) theaggregate principal amount of all such Series of Additional Bonds, when takentogether with the aggregate principal amount of the Series 2011 Bonds, shallnot exceed $60,000,000, or (ii) the County adopts and executes similarofficial action and documents constituting the County Guaranty;

WHEREAS, under the County Guaranty Agreement, the Company RFP, and asapplicable, the Company Proposal, the Authority shall be obligated to obtaina letter of credit, cash, a covenant to provide same, or other form ofsecurity acceptable to and issued for the benefit of the County (the “County

Security”) to be issued by a sufficiently rated banking or other financialinstitution, or if the County Security is provided in the form of immediatelyavailable funds or the right to same, then the Company (in any such case, the“County Security Provider”), all to secure, in part, the County’s paymentobligations under the County Guaranty (but not to secure the payment of debtservice on the Series 2011 Bonds, as any such County Security shall bedeposited in the County Security Fund under the Bond Resolution, which Fundshall not be a part of the Trust Estate pledged for the payment of theSeries 2011 Bonds), the terms of which County Security shall be set forth ina letter of credit and reimbursement or other agreement to be dated the firstday of the month of issuance of the applicable series of Bonds (as the samemay be amended and supplemented from time to time in accordance with itsterms, the “County Security Agreement”) among the Company, the CountySecurity Provider, and the Authority, and acknowledged by the County, theprovisions of which County Security Agreement, to the extent the CountySecurity is in the form of immediately available funds or the right to samedeposited in the County Security Fund created under the Bond Resolution,shall (i) not be set forth in an independent County Security Agreement, andaccordingly (ii) be set forth in the Bond Resolution, the County GuarantyAgreement and the Company Lease Agreement;

WHEREAS, should the Company fail to make its Basic Lease Payments ontime and in full, thereby causing the County to make payments to the Series2011 Bondholders under the County Guaranty, which in turn causes the CountySecurity to be drawn upon to reimburse the County for all or a portion ofany such County Guaranty repayments, (i) the County Security Agreement, ifany, shall provide that the Authority assign and pledge the Reimbursement

Collateral (as defined in the Bond Resolution) to the County SecurityProvider, as reimbursement security for any such draw on the County Security,or (ii) to the extent the County Security is in the form of immediately

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initially accept as County Security, in lieu of a County Security Agreement,immediately available funds in such amount (defined under the Bond Resolutionas the County Security Fund Requirement) as set forth in the CompanyProposal, to be funded by the Company in accordance with the terms of theCompany Lease Agreement, all as contemplated by the Company Proposal, and allto secure, in part, the County’s payment obligations under its County

Guaranty should such County Guaranty ever be drawn upon, and which CountySecurity Fund Requirement monies would then be deposited by the Trustee inthe County Security Fund created and defined in the Bond Resolution, andwhich County Security Fund would be specifically excepted from the pledge ofthe Trust Estate and would not be available to secure the payment of debtservice on the Series 2011 Bonds;

WHEREAS, in the event the Company provides the County Security FundRequirement through such a covenant to provide immediately available funds,if applicable, but in any event to secure other Company obligations under theCompany Documents, the Authority shall require the Company to further securesuch obligations by pledging certain property interests of the Company andits managing member’s interest in and to the Company to the Trustee, all asshall be set forth in the Company Lease Agreement and that certain “Pledgeand Security Agreement (Morris County Renewable Energy Program, Series 2011)”to be dated as of the first day of the month of issuance of the Series 2011Bonds (as the same may be amended or supplemented from time to time inaccordance with its terms, the “Company Pledge Agreement”), and issued by themanaging member of the Company, in favor of the Trustee, and acknowledged andaccepted by the Company;

WHEREAS, the Company as a potential “materially obligated person”within the meaning and for the purposes set forth in Rule 15c2-12 (“Rule 15c-12”) promulgated by the Securities and Exchange Commission pursuant to theSecurities and Exchange Act of 1934, as amended, may be required to enterinto that certain “Company Continuing Disclosure Agreement (Morris CountyRenewable Energy Program, Series 2011)” to be dated as of the first day of

the month of issuance of the Series 2011 Bonds (as the same may be amendedand supplemented from time to time in accordance with its terms, the “CompanyContinuing Disclosure Agreement”) with the Authority and the Trustee, asdissemination agent (the “Dissemination Agent”) in order to satisfy thesecondary market disclosure requirements of Rule 15c2-12;

WHEREAS, pursuant to the terms of the Bond Resolution, as a “materiallyobligated person” within the meaning and for the purposes set forth in Rule15c2-12, the County will be required to enter into that certain “CountyContinuing Disclosure Agreement (Morris County Renewable Energy Program,Series 2011)” to be dated as of the first day of the month of issuance of theSeries 2011 Bonds (as the same may be amended and supplemented from time totime in accordance with its terms, the “County Continuing DisclosureAgreement” and together with the Company Continuing Disclosure Agreement, the“Continuing Disclosure Agreements”) with the Dissemination Agent in order tosatisfy the secondary market disclosure requirements of Rule 15c2-12;

WHEREAS, pursuant to the terms of the Bond Resolution and/or theContinuing Disclosure Agreements, the Authority shall (i) not be considered a“materially obligated person” within the meaning and for the purposes setforth in Rule 15c2-12, and (ii) be required to provide certain materialevents notices in accordance with Rule 15c2-12, and accordingly, theAuthority shall be required to provide such material events notices under theterms of the Company Continuing Disclosure Agreement and the CountyContinuing Disclosure Agreement, all in order to satisfy the secondary marketdisclosure requirements of Rule 15c2-12;

WHEREAS, prior to the issuance of the Series 2011 Bonds and inaccordance with N.J.S.A. 40A:5A-6, 7 and 8 of the Local Authorities FiscalControl Law, the Authority shall have made an application (the “Local Finance

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(a) Authorize the distribution of a preliminary official statement “deemedfinal” within the meaning and for the purposes of Rule 15c2-12 describing theterms of the Series 2011 Bonds, the Series 2011 Project and the othertransactions contemplated hereby (the “Preliminary Official Statement”);

(b) If the Series 2011 Bonds shall be sold by:

(I) Competitive sale, authorize the distribution of a notice of sale(“Notice of Sale”), pursuant to which the Authority shall select anunderwriter to purchase all of the Series 2011 Bonds (the “Underwriter”), or

(II) Negotiated sale, enter into a bond purchase agreement (the “BondPurchase Agreement”) with an underwriter to be selected by the Authoritythrough a fair and open process (alternatively, the “Underwriter”) topurchase all of the Series 2011 Bonds; and

(c) Execute and deliver a final Official Statement incorporating the termsof the sale of the Series 2011 Bonds and certain other information into thePreliminary Official Statement (the “Official Statement, and together withthe Preliminary Official Statement, the Notice of Sale or the Bond PurchaseAgreement, as applicable, and any of the same or other offering or saledocuments that may be required by any Private Placement Agent or directpurchaser under the private sale methodology in clause (i) above, the “SaleDocuments”);

WHEREAS, prior to the issuance of the Series 2011 Bonds and inaccordance with Section 13 (“Section 13”) of the Act (N.J.S.A. 40:37A-56),the Authority shall have made a detailed report regarding the RenewableEnergy Program to the Board of Freeholders, which report shall include,without limitation, descriptions of the Series 2011 Bonds, the BondResolution, the Company Lease Agreement, the County Guaranty (including theCounty Guaranty Agreement), the Power Purchase Agreement, the Company Pledge

Agreement, the Continuing Disclosure Agreements, the Local Unit LicenseAgreements, and if and as applicable, the Sale Documents (collectively, the“Program Documents”), and which report and amended report shall be acceptedby the County by resolution adopted by the Board of Freeholders pursuant toSection 13.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CHOSEN FREEHOLDERS OFTHE COUNTY OF MORRIS, NEW JERSEY, as follows:

Section 1. In accordance with Section 13 and all other applicable law,the Board of Freeholders hereby consent to (i) the Series 2011 Project andthe financing of same on behalf of the Series 2011 Local Units through theProgram Documents, (ii) the execution or acknowledgment and delivery by theAuthority of the Company Lease Agreement, the Power Purchase Agreement, theCompany Pledge Agreement, the County Guaranty Agreement, the ContinuingDisclosure Agreements, the Local Unit License Agreements in substantially theforms attached hereto as Exhibits A, B, C, D, E and F respectively (iii) theadoption by the Authority of the Bond Resolution in substantially the formattached hereto as Exhibit G, (iv) the issuance, sale and delivery of theSeries 2011 Bonds to effect such purpose and (v) the adoption and executionand delivery of the County Guaranty as further security for the Series 2011Bonds. The County's consent hereto to the Program Documents contemplates theinsertion of the final financing terms therein that will result from the saleof the Series 2011 Bonds, which financing terms shall be limited only bythose financing term parameters set forth in the Local Finance BoardApplication of the Authority filed with the Local Finance Board (and on filewith the County Administrator) relating to the Series 2011 Bonds and the

findings related thereto and the parameters set forth herein, which termsshall be finally determined by one or more of the Freeholder Director, CountyAdministrator and the County Chief Financial Officer (each an “Authorized

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Section 3. The Authorized Officers are each hereby severally

authorized to assist the Authority with the preparation and submission of theLocal Finance Board Application for the purpose of financing the Projectsthrough the Program Documents, including the issuance of the Series 2011Bonds to be further secured by the County Guaranty, and to take all action

necessary, desirable, or convenient in connection therewith. Accordingly,the Authorized Officers, and any consultants of their choosing, shall, ifnecessary, represent the County at any public hearing held by the LocalFinance Board in connection with the Local Finance Board Application.

Section 4. The Authorized Officers are hereby each severallyauthorized and directed, upon satisfaction of all the legal conditionsprecedent to the execution and delivery by the County of the County GuarantyAgreement and the County Continuing Disclosure Agreement, to execute anddeliver such documents in substantially the forms attached hereto asExhibits D and E respectively, with such changes thereto as the AuthorizedOfficer, in consultation with counsel to the County and other professionaladvisors deems in his sole discretion to be necessary, desirable orconvenient for the execution thereof and to consummate the transactionscontemplated hereby, which execution thereof shall conclusively evidence theAuthorized Officer’s approval of any changes to the forms thereof, includingwithout limitation the insertion of the final financing terms which financingterms shall be limited only by those financing term parameters set forth inthe application of the Authority filed with the Local Finance Board relatingto the Series 2011 Bonds and the parameters set forth therein.

Section 5. The Clerk of the Board of Freeholders is hereby authorizedand directed, upon the execution or acknowledgment of the documents set forthin Section 4 hereof in accordance with the terms of Section 4 hereof, toattest to the Authorized Officer’s execution or acknowledgment of suchdocuments and is hereby further authorized and directed to thereupon affixthe seal of the County to such documents.

Section 6. Upon the execution or acknowledgment and attestation of andif required, the placing of the seal on the documents set forth in Section 4hereof as contemplated by Sections 4 and 5 hereof, the Authorized Officer ishereby authorized and directed to (i) deliver such fully executed, attestedand sealed documents to the other parties thereto and (ii) perform such otheractions as the Authorized Officer deems necessary, desirable or convenient inrelation to the execution and delivery thereof.

Section 7. The Board of Freeholders of the County hereby authorizesthe preparation and the distribution of financial statements and demographicand other information concerning the County, the Series 20011A Project, theProgram Documents and the transactions contemplated thereby as are otherwisenecessary, convenient or desirable to cause the Authority and other partiesto enter into the various Program Documents.

Section 8. The Board of Freeholders of the County hereby authorizesthe performance of any act, the execution or acknowledgment and delivery ofany other document, instrument or closing certificates, which the AuthorizedOfficer, after consultation with the Consultants, deems necessary, desirableor convenient in connection with this contemplated transaction, and the Boardof Freeholders hereby directs the Authorized Officer to execute oracknowledge, attest and affix the seal to any such documents, instruments orclosing certificates, the authorization of which actions shall beconclusively evidenced by the execution or acknowledgment, attestation,affixation and delivery, as the case may be, thereof by such persons.

Section 9. The Authorized Officers are hereby severally authorized totake such other actions, and execute such other certificates, documents, andinstruments, as such Authorized Officers shall deem to be necessary,

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Series 2011 Bonds to be further secured by the County Guaranty, and to recordits findings and recommendations as provided by N.J.S.A. 40A:5A-7 of theLocal Authorities Fiscal Control Law.

Section 11. To the extent the Series 2011 Bonds are issued in any yearother than 2011, references herein to “2011” may without any further action

be changed to the year of issuance of such Series 2011 Bonds.

Section 12. This resolution shall take effect immediately.

Section 13. Upon the adoption hereof, the Clerk of the Board ofFreeholders shall forward certified copies of this resolution to JohnBonanni, County Administrator and Chairperson of the Authority, Daniel W.O’Mullan, Esq., County Counsel and Stephen B. Pearlman, Esq., Counsel to theAuthority.

--(41)

RESOLUTION OF THE SERIES 2011 LOCAL UNIT PARTICIPATING IN THE MORRIS COUNTYIMPROVEMENT AUTHORITY’S SERIES 2011 RENEWABLE ENERGY PROGRAM, AND AUTHORIZINGSUCH AUTHORITY TO APPLY TO THE LOCAL FINANCE BOARD FOR THE NECESSARY CONSENTS

AND APPROVALS ON BEHALF OF SUCH PARTICIPANT, all in Connection with theAUTHORITY’S COUNTY OF MORRIS GUARANTEED RENEWABLE ENERGY PROGRAM LEASE

REVENUE BONDS, SERIES 2011 (FEDERALLY TAXABLE) IN AN AGGREGATE PRINCIPALAMOUNT NOT TO EXCEED $60,000,000 AND THE PARTICIPANT PROJECT FINANCED THEREBY

WHEREAS, the Morris County Improvement Authority (including anysuccessors and assigns, the “Authority”) has been duly created by resolutionduly adopted by the Board of Chosen Freeholders (the “Board of Freeholders”)of the County of Morris (the “County”) in the State of New Jersey (the“State”) as a public body corporate and politic of the State pursuant to andin accordance with the county improvement authorities law, constitutingChapter 183 of the Pamphlet Laws of 1960 of the State, and the acts

amendatory thereof and supplemental thereto (the “Act”), and other applicablelaw;WHEREAS, the Authority has developed a program (the “Renewable Energy

Program”) for the financing, design, permitting, acquisition, construction,installation, operation and maintenance of renewable energy capital equipmentand facilities such as solar panels, wind turbines, and hydro-electric, bio-diesel, geothermal, and bio-mass facilities, including any related electricalmodifications, work related to the maintenance of roof warranties, or otherwork 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 the County and localgovernmental units within the County, including without limitationmunicipalities, boards of education for school districts, local authoritiesand any other local government instrumentalities, public bodies or otherlocal government entities; collectively, including the County, the “LocalUnits”);

WHEREAS, the Renewable Energy Projects procured under the RenewableEnergy Program are to be installed on, in, affixed or adjacent to and/or forany other Local Unit controlled buildings, other structures, lands or otherproperties of the Local Units (collectively, the “Local Unit Facilities”);

WHEREAS, the primary goal of the Renewable Energy Program is to expandthe use of renewable energy sources available and utilized by the Local Unitsfor their Local Unit Facilities, with the attendant environmental andfinancial benefits associated thereby, and to reduce the energy relatedoperating costs to the Local Units for their Local Unit Facilities, all

intended to be offered at no net cost to the Local Units;

WHEREAS, on February 18, 2010 the Authority issued its $21,600,000

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WHEREAS, in order to implement the Second Tranche of the RenewableEnergy Program, the Authority has determined to finance the respectiveRenewable Energy Projects and Capital Improvement Projects, if any, on, in orabout the respective Local Unit Facilities, all as set forth on Exhibits B,C, and A to the hereinafter defined Local Unit License Agreement for each ofthe following participating Local Units:

(i) Township of Hanover and Township of Parsippany-Troy Hills(collectively, the “Municipal Series 2011 Local Units”); and

(ii) Chester School District, Kinnelon Board of Education, Mine HillBoard of Education, Montville Township Board of Education, MorrisKnolls School District, Morris Plains Board of Education, MorrisSchool District, Randolph Board of Education and WashingtonTownship Board of Education (collectively, the “Board ofEducation Series 2011 Local Units”); and

(iii) County College of Morris (the “County Series 2011 Local Units”);

(each a “Series 2011 Local Unit”, and together with any additional localgovernmental units within the County that might be added by the Authority tothe Second Tranche pursuant to the hereinafter defined Local Finance BoardApplication or otherwise, collectively, the “Series 2011 Local Units”),through the issuance by the Authority of one or more series of Series 2011Bonds, (i) one series of either bond or notes entitled “County of MorrisGuaranteed Renewable Energy Program Lease Revenue [Notes] Bonds, Series 2011A(Federally Taxable)” dated their date of delivery (the “Series 2011A Bonds”),by either a competitive process or by negotiated sale after a competitiveprocess to an Underwriter (as defined herein) the terms of which sale shallbe as set forth in a bond purchase agreement between an underwriter and theAuthority and (ii) one or more series of notes entitled “County of MorrisGuaranteed Renewable Energy Program Lease Revenue Notes, Series 2011B(Federally Taxable)” dated their date of delivery (the “Series 2011B Notes”

and together with the Series 2011A Bonds, the “Series 2011 Bonds”) by eithera competitive process or by negotiated sale after a competitive process;provided, however that the aggregate principal amount of the Series 2011ABonds and the Series 2011B Notes together with any other bonds issued underthe Bond Resolution shall not exceed $60,000,000;

WHEREAS, prior to the issuance of the Series 2011 Bonds and inaccordance with N.J.S.A. 40:37A:54(l) of the Act and N.J.S.A. 40A:5A-6, 7 and8 of the Local Authorities Fiscal Control Law, the Authority shall have madean application (the “Local Finance Board Application”) to, and seek, obtain,and officially recognize the findings from, the Local Finance Board (the“Local Finance Board”) in the Department of Local Government Services of theState Department of Community Affairs;

WHEREAS, the governing body of the Series 2011 Local Unit adopting thisresolution (the “Participant”) desires to authorize the Authority and itsconsultants to submit the Local Finance Board Application on their behalf tofinance the proposed Renewable Energy Project(s) for the Participant (the“Participant Project”) set forth in Schedule A to Exhibit A attached hereto(it being understood that the Participant is taking no action in connectionwith the other Renewable Energy Projects of the other Series 2011 Local Unitsas set forth on Schedule A to Exhibit A hereto and further that a finaldetailed Participant Project list will be sent to each Series 2011 Local Unitprior to their signing the certificate attached hereto as Exhibit A);

WHEREAS, upon or prior to the issuance of the Series 2011 Bonds, and inaccordance with (i) N.J.S.A. 40A:11-4.1(k) of the Local Public Contracts Law,

(ii) Local Finance Board Notice 2008-20, December 3, 2008, Contracting forRenewable Energy Services, (iii) the State Board of Public Utilities (“BPU”)protocol for measuring energy savings in PPA agreements dated February 20,

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such Series 2011 Local Units, with such Program terms to be set forth in thefollowing Company Documents to be entered into between the Company and, at aminimum, the Authority, or acknowledged by the Company, as applicable:

WHEREAS, the pricing terms for the purchase of renewable energygenerated electricity produced from the Participant Project and sold through

the Authority to the Participant, and bought by the Participant at an agreedupon price lower than that presently being paid by the Participant forelectricity from its local utility, which pricing terms shall becompetitively procured through the Company RFP process and the CompanyProposal, shall be established under the Authority’s Series 2011 Local UnitRenewable Energy Program for an initial term no greater than 15 years,simultaneously with, or prior to the issuance of the Series 2011 Bonds;

WHEREAS, the Participant understands and acknowledges that by takingthis official action, the Participant intends to participate in theAuthority’s Series 2011 Local Unit Renewable Energy Program to fund theParticipant Project, and that the Authority is taking several actions inreliance upon such action, including without limitation seeking the requiredapprovals from the Local Finance Board to issue the Series 2011 Bonds, as setforth in the Local Finance Board Application, and proceeding with theissuance of the Company RFP, the selection of the Company, the establishmentof the renewable energy pricing under the Company Proposal, and themarketing, sale and issuance of the Series 2011 Bonds; and

WHEREAS, the Participant believes: (i) it is in the public interest toaccomplish such purposes as set forth in the preambles hereof, including thefinancing of the Participant Project; (ii) said purpose is for the health,wealth, convenience or betterment of the inhabitants of the Participant;(iii) the amounts to be expended for said purpose are not unreasonable orexorbitant; and (iv) the proposal is an efficient and feasible means ofproviding services for the needs of the inhabitants of the Participant andwill not create an undue financial burden to be placed upon the Participant.

NOW THEREFORE BE IT RESOLVED by the governing body of the Participantas follows:

Section 1. The Participant believes: (a) it is in the public interestto accomplish such purposes as set forth in the preambles hereof, includingthe financing of the Participant Project; (b) said purpose is for the health,wealth, convenience or betterment of the inhabitants of the Participant;(c) the amounts to be expended for said purpose are not unreasonable orexorbitant; and (d) the proposal is an efficient and feasible means ofproviding services for the needs of the inhabitants of the Participant andwill not create an undue financial burden to be placed upon the Participant.

Section 2. The Freeholder-Director, County Administrator, and theCounty Treasurer of the Participant (including their designees in writing,each an “Authorized Officer”) are each hereby severally authorized to assistthe Authority with the preparation and submission of the Local Finance BoardApplication for the purpose of financing the Participant Project through theissuance of the Series 2011 Bonds, and to take all action necessary,desirable, or convenient in connection therewith. Accordingly, theAuthorized Officers, and any consultants of their choosing, shall, ifnecessary, represent the Participant at any public hearing held by the LocalFinance Board in connection with the Local Finance Board Application.

Section 3. Upon a date to be selected by the Authority and uponreceipt of a finalized Participant Project, but in no event later than thesale date of the Series 2011 Bonds, the Authorized Officers shall deliver to

the Authority a fully executed certificate, substantially in the formattached hereto as Exhibit A, evidencing the proper officials approval of thesubstance and scope of the Participant Project.

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for the benefit of the Participant and the other Series 2011 Local Units.Therefore, the Participant covenants to the Authority that: (i) except forextraordinary circumstances not presently contemplated, the Participantintends to participate in the Authority’s Series 2011 Local Unit RenewableEnergy Program, so long as the Company Proposal results in a savings to theParticipant, and further, this official action authorizes the Authority to

take all such actions contemplated above in order to develop the ParticipantProject and to provide the Participant with such savings and (ii) prior tothe sale of the Series 2011 Bonds, the Series 2011 Local Unit shall (a), ifthe Participant is a board of education, obtain any and all approvals fromthe State Department of Education with respect to the Participant Project,and (b) adopt a resolution authorizing, among other things, the Series 2011Local Unit to enter into that certain “License and Access Agreement (MorrisCounty Renewable Energy Program, Series 2011)” to be dated as of the firstday of the month of issuance of the Series 2011 Bonds in such form as shallbe presented to the Series 2011 Local Unit prior to adoption of thesupplemental resolution (the “Local Unit License Agreement”).

Section 5. The Authorized Officer shall direct the Participantofficial in charge of the officially adopted resolutions of the governingbody of the Participant to (a) prepare an official, certified copy of thisresolution, as adopted, and (b) deliver such certified copy in accordancewith Section 10 below. Further, the Participant hereby consents to suchcertified copy of the resolution, and any further information regarding theParticipant and/or the Participant Project, as the Authorized Officer shalldetermine to be necessary, desirable or convenient in connection with theLocal Finance Board Application, to be submitted as part of, or pursuant tothe Local Finance Board Application.

Section 6. The Authorized Officers are hereby severally authorized totake such other actions, and execute such other certificates, documents, andinstruments, as such Authorized Officers shall deem to be necessary,desirable, or convenient to assist the Authority in developing the

Participant Project, producing the contemplated energy savings for theParticipant, issuing the Company RFP and selecting the Company through themost desirable Company Proposal in accordance with the terms of the CompanyRFP and applicable law, marketing, selling, and issuing the Series 2011Bonds, procuring the final terms of the Renewable Energy Program documents,or any other action related to the implementation of the Renewable EnergyProgram for the Series 2011 Local Units.

Section 7. The Local Finance Board is hereby respectfully requested toconsider the Local Finance Board Application as the means to finance theParticipant Project and record its findings and recommendations as providedby N.J.S.A. 40A:5A-7 of the Local Authorities Fiscal Control Law.

Section 8. To the extent the Series 2011 Bonds are issued in any yearother than 2011, references herein to “2011” may without any further actionbe changed to the year of issuance of such Series 2011 Bonds.

Section 9. All actions of the Authorized Officers or Participantconsultants taken prior to the date of adoption hereof in connection with theSeries 2011 Bonds, the Participant Project or any of the foregoingtransactions contemplated by this resolution, are hereby ratified andapproved.

Section 10. Upon the adoption hereof, a certified copy of thisresolution shall be forwarded to John Bonanni , County Administrator andChairman of the Authority, Daniel O’Mullan, County Counsel and AuthorityCounsel, Stephen B. Pearlman, Esq., all of which may be sent as a single

certified copy to the offices of Authority Counsel, attention David Wainger,Paralegal at [email protected] followed by the original to David Waingerat Inglesino, Pearlman, Wyciskala & Taylor, LLC, 600 Parsippany Road,

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BILL RESOLUTION

BE IT HEREBY RESOLVED that the bills as shown on the Schedule ofWarrants all having been approved by the proper committees of officials wherelegally required, be and the same are hereby authorized to be paid. The

Schedule of Warrants designated as Bill Resolution #08-11 totals$6,732,865.47 dated and made a part hereof by reference.

Freeholder Cabana moved the adoption of the Bill Resolution. Themotion was seconded by Freeholder Nordstrom, and the following vote wasrecorded:


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ADJOURNMENT

There was no further business. On motion by Freeholder Feyl andseconded by Freeholder Grossi, the meeting was adjourned at 7:40 p.m.

Respectfully submitted,

Diane M. KetchumClerk of the Board

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FH Minutes 2011-04-27

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Transcript of FH Minutes 2011-04-27