FH Minutes - 2011-09-26

8/3/2019 FH Minutes - 2011-09-26

http://slidepdf.com/reader/full/fh-minutes-2011-09-26 1/50

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011

A regular meeting of The Board of Chosen Freeholders of the County of

Morris, State of New Jersey, was held on September 26, 2011, in the Borough

of Mendham, Garabrant Center, 4 Wilson Street. The meeting began at

7:30 p.m.

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

this meeting held this 26

th

day of September has been provided throughresolution adopted by this Board at its regular meeting held at the

Administration and Records Building on June 8, 2011 to the Star Ledger, the

Daily Record and the Record, through posting on the County website and by

filing a copy of same with the Morris County Clerk and this Clerk of this

Board.

ROLL CALL

PRESENT: Freeholders Gene Feyl, Ann Grossi, Thomas Mastrangelo,

Margaret Nordstrom and Acting Director John Murphy (5)

ABSENT: Freeholder Cabana and Director William Chegwidden (2)

ALSO PRESENT: County Administrator John Bonanni, Assistant CountyAdministrator Mary Jo Buchanan, County Counsel Dan

O’Mullan. Assistant County Counsel Randy Bush, and

Clerk of the Board Diane M. Ketchum

PRAYER AND FLAG SALUTE

County Counsel Dan O’Mullan opened the meeting with a prayer and a

salute to the flag.

--

RESOLUTION OF APPRECIATION

Borough of Mendham Mayor and Council

--

MINUTES FOR APPROVAL

All September 14, 2011 Minutes of the Board of Chosen Freeholders

On motion by Freeholder Nordstrom and seconded by Freeholder Feyl the

meeting minutes were approved.

--

COMMUNICATIONS

1. The Dover Renaissance Five Kilometer Run group is asking permission to

close a portion of Blackwell Street and South Salem Street in Dover and

Rockaway Township from 8:30 a.m. to 9:45 a.m. on Saturday, December 3

for the 19th Annual Dover Renaissance 5K Run.

2. The New Jersey Center for Tourette Syndrome and Associated Disorders is

asking permission to hang a banner across Route 24/510 in Mendham

Township from October 24 to November 4 to publicize an upcoming

fundraiser “New Jersey Walks to Tourette Syndrome.”

Request from Road Inspection Supervisor for the following road opening

permit:

3. 11-17 - Public Service Electric and Gas to open Park Avenue in Florham

Park to relocate a gas main.

8/3/2019 FH Minutes - 2011-09-26



Freeholder Nordstrom stated: “I would like to introduce by title an

ordinance entitled, ‘BOND ORDINANCE OF THE COUNTY OF MORRIS, NEW JERSEY,

APPROPRIATING $2,000,000 AND AUTHORIZING THE ISSUANCE OF $1,900,000 BONDS OR

NOTES OF THE COUNTY FOR VARIOUS BRIDGE, ROAD AND FACILITY IMPROVEMENTS

RELATING TO HURRICANE IRENE, BY AND FOR THE COUNTY OF MORRIS, NEW JERSEY.’”

Freeholder Feyl stated: “I second the motion.”

The Clerk called and recorded the following vote:

YES: Freeholders Feyl, Grossi, Mastrangelo, Nordstrom

and Acting Director Murphy (5)

ABSENT: Freeholder Cabana and Director Chegwidden (2)

Freeholder Nordstrom moved that the Clerk be authorized to publish the

Ordinance in summary form in the local newspaper together with the notice of

public hearing and consideration of final passage of this Ordinance which

will take place at the Freeholder meeting to be held in the Administration

and Records Building, Fifth Floor, Court Street, Morristown, New Jersey, on

October 12 at 7:30 p.m.

Freeholder Feyl stated: “I second the motion,” which passed with five

YES votes.

--

(2)

Acting Director Murphy stated: “We will now consider the introduction

by title an ordinance.”

Freeholder Nordstrom stated: “I would like to introduce by title an

ordinance entitled, ‘GUARANTY ORDINANCE SECURING THE MORRIS COUNTY

IMPROVEMENT AUTHORITY’S COUNTY OF MORRIS GUARANTEED LOAN REVENUE REFUNDING

BONDS, SERIES 2011 (POOLED ERI UNFUNDED LIABILITY PROJECT) [Federally

Taxable] AND NOTES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED$7,000,000.’”

Freeholder Feyl stated: “I second the motion.”

The Clerk called and recorded the following vote:




Freeholder Nordstrom moved that the Clerk be authorized to publish the

Ordinance in summary form in the local newspaper together with the notice of

public hearing and consideration of final passage of this Ordinance whichwill take place at the Freeholder meeting to be held in the Administration

and Records Building, Fifth Floor, Court Street, Morristown, New Jersey, on

October 12 at 7:30 p.m.

Freeholder Feyl stated: “I second the motion,” which passed with five

YES votes.

--

PUBLIC PORTION

Liz Sutula, Wharton resident and employee of the County of Morris,

complimented the Morris View Healthcare Center for the excellent care they

are providing her mother. Ms. Sutula also thanked Frank Pinto and his familyfor taking care of the Morris View patients during Hurricane Irene and is

pleased with the cooperative spirit of the county. She is proud to be a

C f i l

8/3/2019 FH Minutes - 2011-09-26



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

Community Development.

Semoy E Freeman

--

(2) RESOLVED, that the Director is hereby authorized to execute and the

Clerk shall certify, attest and affix the seal to the Cancellation of

Mortgage in the matter of the following client and the Clerk shall deliver

the same to Community Development.

Charles Diaz

--

(3)

RESOLVED that the Director is hereby authorized to execute and the

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

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

Community Development.

Mary L Finnegan

Eleanor Arline Healion

Helen Yansa

--

(4)

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 County of Morris hereby awards a grant of $10,080 from the

FY 2011 Open Space and Farmland Preservation Trust Fund to Butler

Borough for a project entitled Butler Railroad Station.

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

authorized to sign and execute an agreement to expire on September 25,

2013 for the aforesaid grant, and the Clerk to attest to the same, a

copy of which is on file in the office of the Department of Planning &

Development and made a part hereof by reference.

3. That the Treasurer issue a Certificate of Availability of Funds

indicating that funds are available from the Morris County Dedicated

Open Space Account #13-290-56-580-552-888 and process payment to the

grantee as directed by the office of the Department of Planning &

Development, all in accordance with this resolution.

--

(5)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 County of Morris hereby awards a grant of $16,000 from the

FY 2011 Open Space and Farmland Preservation Trust Fund to St. Peter's

Episcopal Church for a project entitled St. Peter's Episcopal Church.


authorized to sign and execute an agreement to expire on September 25,

2013 for the aforesaid grant, and the Clerk to attest to the same, a

copy of which is on file in the office of the Department of Planning &

Development and made a part hereof by reference.

3. That the Treasurer issue a Certificate of Availability of Funds

indicating that funds are available from the Morris County Dedicated

#13 290 56 580 552 888 d h

8/3/2019 FH Minutes - 2011-09-26



$2,048,896 in Community Development Block Grant program funds

$ 99,417 in Emergency Shelter Grant program funds

$1,030,692 in HOME Investment Partnerships program funds, and,

WHEREAS, the U.S. Department of Housing and Urban Development requires

grant agreements and certifications to be executed prior to the release of

funds;

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

the County of Morris, in the State of New Jersey, being the governing body

thereof, as follows:

1. The action of the Freeholder Director of the County of Morris and such

other appropriate and responsible officials in authorizing and

executing the above grant agreements is hereby approved, ratified and

confirmed

2. The Director of the Board of Chosen Freeholders and such other

responsible and appropriate officials are hereby authorized to execute

such additional certifications relative to the above as may be required

under the Rules and Regulations of the U.S. Department of Housing andUrban Development.

3. The Director of Finance and County Treasurer is hereby authorized to

accept the above funds, crediting the appropriate accounts and issue

appropriate Certificates of Availability of Funds per this resolution.

--

(7)

BE IT RESOLVED, that the action of the Department of Law & Public

Safety in submitting a grant application to the National Association of

County and City Health Officials (NACCHO) for a 2011–2012 MRC Capacity

Building Award of $5,000.00 in support of Medical Reserve Corps volunteers,

is hereby approved, ratified and confirmed.

BE IT FURTHER RESOLVED, that the Director of Finance and County

Treasurer is hereby authorized to accept the aforesaid funds, crediting the

appropriate account.

--

(8)

WHEREAS, on December 8, 1999, the County of Morris entered into a

Professional Services Agreement with Parsons Transportation Group dba Parsons

for $284,467.00 for the period January 3, 2000 through April 4, 2001, for

engineering services regarding a scoping study to replace County Bridge

#1400-073, the Landing Road Bridge in Roxbury Township; and,

WHEREAS, on July 12, 2006, the aforesaid agreement was modified byincreasing the amount of the agreement by $18,652.65 to $303,119.65 and

extending the term of the agreement to November 30, 2006; and,

WHEREAS, it has again become necessary to increase the dollar amount of

the aforesaid agreement by $93,948.15 to a new contract maximum of

$397,067.80, and to extend the term of the agreement to June 30, 2012; and,

WHEREAS, Parsons Transportation Group dba Parsons has agreed to perform

the aforesaid services; and,

WHEREAS, the Local Public Contracts Law [N.J.S.A. 40A: 11-5(1)(a)(i)]

requires that the resolution authorizing the award of contract for

“Professional Services” without competitive bidding, and the contract itself,must be available for public inspection;

b h d f h h ld f

8/3/2019 FH Minutes - 2011-09-26



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

Availability of Funds #20001401, increasing the C.A.F. by the aforesaid

amount and extending the term of the C.A.F. as above, charging account

#04-216-55-953225-909 for the increase.

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

the law.

--

(9)

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

State of New Jersey has authorized the Municipal Alliance funding allocation

from the Governor’s Council on Alcoholism and Drug Abuse to provide prevention

and education services on alcohol and drug abuse by the 29 Municipal Alliance

Committees representing 34 municipalities; and,

WHEREAS, a Request for Proposal Application for these funds has been

announced and distributed by the Morris County Department of Human Services;

and,

WHEREAS, the following Municipal Alliance Committees in the County ofMorris have been recommended by the Mental Health/Substance Abuse Advisory

Board for these funds:

Municipality Funding Amount

Boonton, Town of $ 11,535

Boonton, Township of 7,533

Butler Borough 9,057

Chatham, Borough/Township 17,942

Chester, Borough/Township 14,324

Denville, Township of 13,062

Dover/Victory Gardens 28,161

East Hanover, Township of 10,878

Hanover, Township of 11,172Harding, Township of 6,746

Jefferson, Township of 15,587

Kinnelon, Borough of 9,292

Lincoln Park, Borough of 11,064

Long Hill, Township of 8,519

Madison, Borough of 11,774

Mendham, Borough/Township 14,764

Montville, Township of 14,800

Morris Plains, Borough of 10,868

Morristown/Morris Township 44,079

Mount Olive, Township of 17,728

Netcong, Borough of 8,573

Parsippany/Troy Hills 28,901

Pequannock, Township of 12,182Randolph, Township of 18,005

Rockaway, Borough of 11,955

Rockaway, Township of 17,777

Roxbury, Township of 16,931

Washington, Township of 13,103

Wharton, Borough of 11,896

Countywide Training by DHS 38,120

Total $466,328

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

the County of Morris in the State of New Jersey that the aforesaid

recommendations are endorsed for review and approval by the Governor’sCouncil on Alcoholism and Drug Abuse.

8/3/2019 FH Minutes - 2011-09-26



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

the County of Morris, in the State of New Jersey, being the governing body

thereof, as follows:

1. The Freeholder Director of the County of Morris and such other

appropriate and responsible officials are hereby authorized and

directed to execute on behalf of the County of Morris such grantagreement as may be required under the Rules and Regulations of the

U.S. Department of Housing and Urban Development.

2. The Director of Finance and County Treasurer is hereby authorized to

accept the above funds, crediting the appropriate accounts and issue

appropriate Certificates of Availability of Funds per this resolution.

--

(11)

WHEREAS, on August 25th, 2010 by Resolution #39 a contract for Boiler

Services for Various County Buildings, for Buildings & Grounds was awarded to

the lowest responsible bidder, Manhattan Welding Inc. and,

WHEREAS, the specifications provided an option for renewal for one yearand,

WHEREAS, it is in the best interest of the County to exercise said

option, now therefore,

BE IT RESOLVED that said contract with, Manhattan Welding Inc. be

renewed as follows:

Manhattan Welding Inc.

1434 Chestnut Avenue

Hillside NJ 07205

Term: September 1st, 2011 thru August 31st, 2012

Budget: 01-201-26-310100-264Amount: $30,000.00

Dept: Buildings & Grounds

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

Availability of Funds charging the appropriate department account for

amounts reflecting all liabilities to be incurred through March 31,

2012, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2). Upon final

adoption of the budget, a Certificate of Availability of Funds shall be

issued for the remaining balance subject to the appropriation of

sufficient funds.

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

prepared by County Counsel.

3. This resolution shall take effect immediately.

--

(12)

WHEREAS, on November 10th, 2010 by Resolution #24 a contract for Ultra

Low Sulfur Diesel , for Motor Service Center was awarded to the lowest

responsible bidder, National Fuel Oil Inc. and,

WHEREAS, the specifications provided an option for renewal for one year

and,



BE IT RESOLVED that said contract with, National Fuel Oil Inc. be

d f ll

8/3/2019 FH Minutes - 2011-09-26







sufficient funds.

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


--

(13)

With respect to recent bidding for Plumbing Supplies for Buildings &

Grounds, a contract is hereby awarded to the lowest responsible bidder as

follows:

Interline Brands Inc.

701 San Marco Blvd.

Jacksonville FL 32207

Term: October 1st, 2011 thru September 30th, 2012Amount: $50,000.00

Dept: Buildings & Grounds

Split Budget Line Item: 01-201-26-310100-235







sufficient funds.

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




--

(14)

WHEREAS, a payment was made to NewBridge Services, Inc, and needs to be

reclassified;

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

the County of Morris in the State of New Jersey authorizes the CountyTreasurer to reclassify the following payment accordingly:

Vender Check # Date Amount

NewBridge Services, Inc. 334910 05/11/11 $2,419.00

From To

01-201-41-759000-063 01-201-27-342000-483

Vender Check # Date Amount

NewBridge Services, Inc. 339254 08/24/11 $1,111.00

From To

01-201-27-342000-483 01-201-41-759000-063

BE IT FURTHER RESOLVED, that Resolution #22, adopted at the Freeholder

M ti f A t 24 2011 i h b i d d

8/3/2019 FH Minutes - 2011-09-26



WHEREAS, the Morris County Board of Chosen Freeholders has submitted

the 2008 Human Services Transportation Coordination Plan to NJ Transit,

highlighting transportation coordination goals which includes the long term

goal;

NOW, THEREFORE, BE IT RESOLVED BY Morris County Board of Chosen

Freeholders:

1. The action of the Department of Human Services in submitting the

Veterans Transportation and Community Living Initiative grant

application to the Federal Transit Administration for a grant of

$543,000.00 with a local match of $135,750.00, is hereby approved,

ratified and confirmed.

2. That the action of Theresa A. Davis, Director, Morris County Division

on Aging, Disabilities and Veterans’ in submitting the application

electronically as specified in the Notice of Funding Availability, is

approved, ratified and confirmed and she is authorized to execute the

necessary contractual agreements on behalf of the County of Morris.

3. That the Director of Finance and County Treasurer is hereby authorizedto accept the aforesaid funds, crediting the appropriate account.

--

(16)

With respect to recent bidding for the provision of Laundry Services at

the Morris County Healthcare Facility in Morris County, New Jersey, a

contract is hereby awarded to the sole responsible bidder as follows:

Sodexo Operations, LLC

9801 Washingtonian Boulevard, Suite 434

Gaithersburg, MD 20878

Term: Two Years; January 1, 2012 through December 31, 2013

Total cost year 1 & 2: $2,460,000.00 (not to exceed)Account #: 01-201-27-350125-036

Dept: Morris View Healthcare Center


Availability of Funds charging the appropriate account for amounts

reflecting all liabilities to be incurred through March 31, 2012 and

2013, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2).

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

Funds shall be issued for the remaining balance subject to the

appropriation of sufficient funds.




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

--

(17)

WHEREAS, the County is cooperating with the New Jersey Department of

Transportation Planning Assistance Unit to perform a traffic corridor study

for East Hanover Avenue between Speedwell Avenue and Route 24 in the Borough

of Morris Plains and the Township of Hanover and Morris Township.

WHEREAS, the cost of this study is being bourne by the NJDOT at no cost

to the County, or Municipalities.

8/3/2019 FH Minutes - 2011-09-26



(18)

RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN NJDOT AND THE COUNTY

OF MORRIS FOR THE CONSTRUCTION OF BRIDGE NO. 1401-202 ON MIDDLE VALLEY ROAD

OVER THE SOUTH BRANCH OF THE RARITAN RIVER IN THE TOWNSHIP OF WASHINGTON

WHEREAS, Federal Funds are available for Local-Lead Transportation

Improvement Program Projects; and

WHEREAS, the New Jersey Department of Transportation has prepared a

Cost Reimbursement Agreement, No. 2011-DT-BLA1-11, for a total amount of Two

Million Three Hundred Thirty Two Thousand Three Hundred Thirty Dollars

($2,332,330.00); and

WHEREAS, the County of Morris has reviewed Agreement No. 2011-DT-BLA1-

11 and accepts the terms and conditions of the Agreement;

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

the County of Morris in the State of New Jersey does hereby authorize the

Director and the Clerk of the Board to execute Agreement No. 2011-DT-BLA1-11

with the New Jersey Department of Transportation.

--

(19)

WHEREAS, on December 8th, 2010 by Resolution #28 a contract for Rock

Salt, for Morris County Road was awarded to the lowest responsible bidder,

International Salt Co., LLC and,

WHEREAS, the specifications provided an option for renewal for one year

and,



BE IT RESOLVED that said contract with, International Salt Co., LLC berenewed as follows:

International Salt Co., LLC

655 Northern Blvd.

Clarks Summit PA 18411

Term: January 1st, 2012 thru December 31st, 2012

Budget: 01-201-26-290100-242

Amount: $999,189.00

Dept: Road Department




2012, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2). Upon finaladoption of the budget, a Certificate of Availability of Funds shall be


sufficient funds.




--

(20)

With respect to recent bidding for Labor Rates for Painting and Related

Work for Morris County Facilities, a contract is hereby awarded to the lowestresponsible bidder as follows:

h ’ i i

8/3/2019 FH Minutes - 2011-09-26







sufficient funds.

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




--

(21)

BE IT RESOLVED as follows:

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

following authorized vendors under the State of New Jersey Cooperative

Purchasing Program 1-NJCP, in accordance with Local Public ContractLaws, N.J.S.A 40A:11-11 and N.J.S.A40A: 11-12.

Stempler Drapery & Carpet Morris View Healthcare

500 Hillside Avenue 01-201-27-350110-038

Hillside NJ 07205 Amount: $14,744.16

NJSC#A67367

NETQ Buildings & Grounds

P O Box 1092 04-216-55-953226-951

Jackson NJ 08527 Amount:$ 5,533.00

NJSC#A42299

Consolidated Steel Buildings & Grounds316 North 12th Street 04-215-55-953052-951

Kenilworth NJ 07033 Amount: $16,591.00

NJSC#A74881

Goodyear Auto Service Motor Service Center

740 RT 46 01-201-26-315100-245

Parsippany NJ 07054 Amount: $2,976.38

NJSC#A71688

State of NJ Morris View Healthcare

P O Box 234 01-201-27-350115-185

Trenton NJ 08625 Amount: $3,950.78

T0038

Allstate Office Interior Buildings & Grounds

3836 Quakerbridge Rd 04-216-55-953241-951

Hamilton NJ 08619 Amount: $7,029.50

NJSC#A65752

Tilcon New York Inc. Road Division

P O Box 517 01-201-26-290100-222

Wharton NJ 07885 Amount: $2,547.81

Co-op#5

Kyocera /Mita America Inc. Morris View Healthcare

Electronic Systems Inc. 01-201-27-350100-164

Fairfield NJ 07004-0008 Amount: $5,157.46NJSC#a53090

S hi dl l C i i l h

8/3/2019 FH Minutes - 2011-09-26



Hillsborough NJ 08844 Amount: $99,477.43

NJSC#A67103

01-201-31-430100-140 $69,787.30

01-201-22-201100-140 $ 1,478.15

01-201-26-290100-140 $ 8,164.64

01-201-27-350100-140 $ 1,219.23

01-201-41-716100-140 $ 5,271.5602-213-41-786105-392 $13,388.34

02-213-41-742005-391 $ 168.21

--

(22)

WHEREAS, there exists a need for the provision of Social Work Services

for the residents of the Morris View Healthcare Facility, located at 540 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 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. An agreement between the County of Morris and

Family Service of Morris County

62 Elm Street

Morristown, NJ 07960

Amount: $521,000 (not to exceed)

Account #: 01-201-27-350100-036

Term: Two Years; September 1, 2011 through August 31, 2013

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

County 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 to

execute said agreement conditioned upon the contractor’s compliance

with the requirements set forth in paragraph 6 below.


Availability of Funds charging the appropriate account for amounts

reflecting all liabilities to be incurred through March 31, 2012 and

2013, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2).

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

Funds shall be issued for the remaining balance subject to the

appropriation of sufficient funds.

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


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

--

(23)

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

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

Freeholders is hereby authorized to sign and execute Modification #4 to

Subgrant Agreement #STASHUT-10M-JARC, on behalf of the Morris/Sussex/Warren

Employment & Training Services with State Shuttle, Inc., extending the enddate of the contract to September 1, 2011 and increasing the contract by

$2,320.79, from $349,170.34 to a new total of $351,491.13.

8/3/2019 FH Minutes - 2011-09-26




authorized to sign and execute Subgrant Agreement #STASHUT-12M-JARC on

behalf of the Morris/Sussex/Warren Employment & Training Services with

State Shuttle Inc., in the amount of $ 181,355.21 for the period 9/2/11

to 8/31/12.

2.

The Treasurer is hereby authorized to issue a Certificate ofAvailability of Funds by charging Employment & Training Services

Account No. 02-213-41-792210-391 the amount of $50,000.00, Account

No. 02-213-41-792310-391 the amount of $50,000.00, Account No. 02-213-

41-751205-392 the amount of $33,676.00, Account No. 02-213-41-741015-

392 the amount of $38,143.37 and Account No. 02-213-41-741020-392 the

amount of $9,535.84.

3. The award of this agreement is contingent upon the availability of

funds and their inclusion in the 2011 Morris County Budget.

--

(25)

WHEREAS, there exists a need for Engineering Design and Construction

Administration for the renovation of seven (7) existing Nursing Unittub/shower suites at the Morris View Healthcare Facility, located at 540 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 open

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

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

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

1. An agreement between the County of Morris and

The RBA Group7 Campus Drive, Suite 300

Parsippany, New Jersey 07054

Amount: $24,383.24 (not to exceed)

Term: One Hundred Eighty (180) calendar days after award of

contract

Account #: 04-216-55-955244-909

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

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

hereby approved and shall be entered into by this Board.

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

execute said agreement conditioned upon the contractor’s compliance

with the requirements set forth in paragraph 5 below.


Availability of Funds in accordance with the aforesaid agreement.

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


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

--

(26)

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 AMOUNT

09/02/11 339447 Lisa Ruck Centralized $ 224 00

8/3/2019 FH Minutes - 2011-09-26



741020 WFNJ/General Assistance 34,752.00

741050 WFNJ/Career Advancement Voucher 281.00

WHEREAS, it is necessary to formally cancel said balances,

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

from the Grant Agency if Morris County received funding in excess of therequirement of the program.

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

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

received be returned to the appropriate Grant Agency.

--

(28)

RESOLUTION PROVIDING FOR THE INSERTION OF ANY SPECIAL

ITEM 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 Division

of Local Government Services may approve the insertion of any special item ofrevenue in the budget of any county or municipality when such item shall have

been made available by law and the amount thereof was not determined at the

time of the adoption of the budget, and

WHEREAS, said Director may also approve the insertion of an item of

appropriation for equal amount,

WHEREAS, the Treasurer certifies that the County of Morris has realized

or is in receipt of written notification of the state or federal monies cited

in this resolution, which meets all statutory requirements and will be

included in the 2011 county budget,

NOW, THEREFORE, BE IT RESOLVED, that the Board of Chosen Freeholdershereby requests the Director of the Division of Local Government Services to

approve the insertion of an item of revenue and appropriation in the budget

of the year 2011 as referenced below:

Revenue Title: New Jersey Department of Labor Amount: $358,624.00

Appropriation Title: Work First New Jersey Amount: $358,624.00

Local Match - Source: Amount: $__________

BE IT FURTHER RESOLVED, that pursuant to N.J.S.A 40A:4-87 this

resolution has been duly adopted by the governing body of the County of

Morris and that one (1) certified copy of this resolution be forwarded to the

Division of Local Government Services.

--(29)





of Local Government Services may approve the insertion of any special item of

revenue in the budget of any county or municipality when such item shall have

been made available by law and the amount thereof was not determined at the





i i i f i ifi i f h f d l i i d

8/3/2019 FH Minutes - 2011-09-26



BE IT FURTHER RESOLVED, that pursuant to N.J.S.A 40A:4-87 this

resolution has been duly adopted by the governing body of the County of

Morris and that one (1) certified copy of this resolution be forwarded to the

Division of Local Government Services.

--(30)

In accordance with resolution #73 approved at the January 05, 2011

Reorganization Meeting, the following emergency checks have been issued by

the Morris County Division of Temporary Assistance for the month of August

2011.

DATE CHECK NO. PAYEE ACCOUNT TO BE CHARGED AMOUNT

08/02/2011 25214 JCP & L 02-213-41-734220-391 350.00

08/02/2011 25215 JCP & L 01-201-27-345100-339 188.00

08/02/2011 25216 New Jersey Natural Gas 02-213-41-734220-391 350.00

08/02/2011 25217 New Jersey Natural Gas 02-213-41-734220-391 373.45

08/02/2011 25218 Washington Township 02-213-41-734220-391 350.00

08/03/2011 25219 Pitney Bowes 01-201-27-345100-068 3,000.00

08/09/2011 25220 Alice Zampella 01-201-27-345100-339 560.00

08/09/2011 25221 Parsippany Inn 01-201-27-345100-339 200.00

08/09/2011 25222 Roger Gupta 01-201-27-345100-339 900.00

08/09/2011 25223 Netcong Heights 01-201-27-345100-339 1,500.50

08/09/2011 25224 Pernwil Associates 01-201-27-345100-368 1,000.00

08/10/2011 25225 Pitney Bowes 01-201-27-345100-068 5,000.00

08/15/2011 25226 JCP & L 02-213-41-734220-391 350.00

08/15/2011 25227 JCP & L 01-201-27-345100-339 357.89

08/15/2011 25228 M & M Fuel 01-201-27-345100-339 546.00

08/15/2011 25229 Sarita Gupta 02-213-41-734220-391

01-201-27-345100-368

900.00

300.00

08/24/2011 25230 Poatmaster 01-201-27-345100-068 800.0008/25/2011 25231 Eagle Rock Village 02-213-41-734220-391 1,212.50

08/25/2011 25232 Segal Realty Association 01-201-27-345100-339 1,000.00

08/29/2011 25233 Bisce Realty 02-213-41-734220-391 2,437.50

08/29/2011 25234 JCP & L 02-213-41-734220-391 350.00

08/29/2011 25235 JCP & L 02-213-41-734220-391 288.94

08/29/2011 25236 JCP & L 02-213-41-734220-391 350.00

08/29/2011 25237 JCP & L 02-213-41-734220-391 218.06

08/29/2011 25238 JCP & L 01-201-27-345100-339 474.07

08/29/2011 25239 JCP & L 01-201-27-345100-339 123.60

08/29/2011 25240 K & A Associates 02-213-41-734220-391 1,065.00

08/29/2011 25241 NR & R Realty LLC 02-213-41-734220-391 959.00

08/29/2011 25242 Parsippany Inn 01-201-27-345100-33901-201-27-345100-365

150.0030.00

08/29/2011 25243 Skytop Motel 01-201-27-345100-365 50.00

TOTAL 25,734.51

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

--

(31)

BE IT RESOLVED as follows:

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

following authorized vendors under the State of New Jersey Cooperative

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

Laws, N.J.S.A 40A:11-11 and N.J.S.A40A: 11-12.

8/3/2019 FH Minutes - 2011-09-26



(32)

In accordance with resolution #73 approved at the January 05, 2011

Reorganization Meeting, the following revolving fund checks have been issued

by the Morris County Division of Temporary Assistance for the month of August

2011.

DATE CHECK NO. PAYEE AMOUNT

08/15/2011 10228 Hassan Elrada 1,487.50

08/17/2011 10229 Furniture House 585.00

08/26/2011 10230 Void Check 0.00

08/29/2011 10231 Sean Vezina 315.36

TOTAL 2,387.86

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

--

(33)

WHEREAS, the local capital budget for the year 2011 was adopted on the

23rd day of March; and

WHEREAS, it is desired to amend said adopted capital budget section.

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

the County of Morris that the following amendment(s) to the adopted capital

budget section be made:

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

Amendment(s) is for Hurricane Irene Storm Ordinance Bridge, Road and Facility

Improvements.)

BE IT FURTHER RESOLVED that this complete amendment, in accordance with

the provisions of NJAC 5:30-4.4(e) be published in the Daily Record in theissue of October 3, 2011.

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

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

--

(34)





of Local Government Services may approve the insertion of any special item of

revenue in the budget of any county or municipality when such item shall havebeen made available by law and the amount thereof was not determined at the





or is in receipt of written notification of the state or federal monies cited

in this resolution, which meets all statutory requirements and will be

included in the 2011 county budget,

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

hereby requests the Director of the Division of Local Government Services toapprove the insertion of an item of revenue and appropriation in the budget

of the year 2011 as referenced below:

8/3/2019 FH Minutes - 2011-09-26



(35)

WHEREAS, that R & R Construction Co., 105B Parker Road, Chester, NJ

will be installing a water main and sanitary sewer across Littleton Road both

utilities connect to existing utilities located on the opposite side of

Littleton Road from the development located between Briarcliff Road and

Lealand Road.

WHEREAS, to accomplish this work safely and efficiently a portion of

Littleton Road from Briarcliff Road and Lealand Road in the Town of Morris

Plains will be closed from 9:00 a.m., Tuesday 9/27/2011 through 4:00 p.m.,

Wednesday 9/28/2011.

WHEREAS, an acceptable traffic detour has been approved by the Borough

of Morris Plains Police Department for the closure of Littleton Road. The

traffic will be detoured around the work area via Briarcliff Road, Greenwood

Road and Lealand Road; regarding the detour three police officers will be

stationed throughout the detour to assist with traffic control. Access for

resident and emergency vehicles will be maintained at all times.

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

County of Morris in the State of New Jersey that a portion of Littleton Roadfrom Briarcliff Road and Lealand Road in the Town of Morris Plains will be

closed from 9:00 a.m. Tuesday 9/27/2011 through 4:00 p.m. Wednesday 9/28/2011

to all traffic, except for one lane for emergency vehicles (police, fire,

ambulances, and local residents) in the Borough of Morris Plains is hereby

approved.

This resolution shall become effective immediately and a copy shall be

forwarded to the Borough of Morris Plains Police Department. Also a copy

shall be submitted to the Borough of Morris Plains Engineering Department.

--

(36)

RESOLUTION OF THE COUNTY OF MORRIS, NEW JERSEY AUTHORIZING THE EXECUTIONAND DELIVERY OF A REFUNDING AGREEMENT AND CERTAIN OTHER ACTIONS TO BE TAKEN

ALL IN CONNECTION WITH THE AUTHORITY’S COUNTY OF MORRIS GUARANTEED LOAN

REVENUE REFUNDING BONDS, SERIES 2011 (POOLED ERI UNFUNDED LIABILITY PROJECT)

IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $7,000,000 AND THE PROJECT

FINANCED THEREBY

WHEREAS, The Morris County Improvement Authority (including any

successors and assigns, the “Authority”) has been duly created by resolution

no. 42 entitled “Resolution of the Board of Chosen Freeholders of Morris

County, New Jersey creating the Morris County Improvement Authority” duly

adopted by the Board of Chosen Freeholders (the “Board of Freeholders”) of

the 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 State

pursuant to and in accordance with the county improvement authorities law,constituting Chapter 183 of the Pamphlet Laws of 1960 of the State, and the

acts amendatory thereof and supplemental thereto (the “Act”) and other

applicable law;

WHEREAS, on July 12, 2002, P.L. 2002, c. 42 (the “ERI Refunding Law”)

became the law of the State, by its terms authorizing municipalities,

counties, school districts and certain other local governmental units (“Local

Units”) to issue refunding bonds (the “Local Unit Refunding Bonds”) for the

purpose of retiring the present value of their unfunded liability (the

“Unfunded ERI Liability”) for early retirement incentive benefits previously

granted by the State to the Local Units pursuant to prior State law;

WHEREAS, in particular, municipal and county Local Units wereauthorized under the ERI Refunding Law to issue Local Unit Refunding Bonds

(the “Municipal and County Refunding Bonds”) under N.J.S.A. 40A:2-51.3 and

h li bl i i f h l d f h f i i

8/3/2019 FH Minutes - 2011-09-26



applicable provisions of the School Bond Law, all for the purpose of retiring

the present value of the Unfunded ERI Liability previously granted by the

State to such School District Local Units pursuant to P.L.1991, c.231 and

P.L.1993, c163 (the “School District Unfunded ERI Liability”);

WHEREAS, further pursuant to the ERI Refunding Law, which by its terms

also amended the Act, the Authority’s purposes under N.J.S.A. 40:37A-54 wereexpanded to allow for the issuance and pooling of loans by the Authority to

the Local Units secured by Local Unit Refunding Bonds in order to achieve

more favorable interest rates and terms for the Local Units;

WHEREAS, on February 6, 2003, the Authority issued its $16,890,000

original aggregate principal amount of “County of Morris Guaranteed Loan

Revenue Bonds, Series 2003 (Pooled ERI Unfunded Liability Project” (the

“Series 2003 Bonds”) for the purpose, among other things, of the purchase of

Local Unit Refunding Bonds (the “ Series 2003 Local Unit Refunding Bonds”) of

(i) Chester Board of Education, (ii) the County, (iii) Morris Plains Borough,

(iv) Morris Township, (v) Mt. Olive Township, (vi) Mt. Olive Township Board

of Education, (vii) Roxbury Township and (viii) Roxbury Township Board of

Education (collectively, the “Series 2003 Local Units”) to finance their

Unfunded ERI Liability (collectively the “Series 2003 Loans”);

WHEREAS, the 2003 Loans were secured through those certain “Loan

Agreement (Pooled ERI Unfunded Liability Project)” dated as of February 1,

2003 (the “Series 2003 Loan Agreement”) between the Authority and each Series

2003 Local Unit, pursuant to which the Authority loaned the Series 2003 Local

Units a portion of the proceeds of the Series 2003 Bonds for the respective

Series 2003 Loans, which Series 2003 Loans were to be repaid by the Local

Units in accordance with a debt service schedule set forth in Exhibit B to

each Series 2003 Loan Agreement, as evidenced by each Series 2003 Local Unit

Refunding Bond;

WHEREAS, the Series 2003 Bonds were issued pursuant to (i) a bond

resolution of the Authority entitled “Resolution Authorizing the Issuance ofCounty of Morris Guaranteed Loan Revenue Bonds (Pooled ERI Unfunded Liability

Project) and Additional Bonds of the Morris County Improvement Authority”,

which was duly adopted by the Authority at a meeting thereof duly called and

held on December 11, 2002, as amended and supplemented by a Certificate of

the Executive Director of the Authority dated February 6, 2003 issued

pursuant to Section 2.02(1)(e) of the original bond resolution (collectively,

the “Series 2003 Bond Resolution), (ii) the Act, and other applicable law;

WHEREAS, payment of the principal of (including mandatory sinking fund

installments, if any) and interest on the Series 2003 Bonds was fully,

unconditionally and irrevocably guaranteed in an aggregate principal amount

not to exceed $16,890,000 in accordance with (i) the terms of a guaranty

ordinance of the County finally adopted by the Board of Freeholders and (ii)

by a guaranty certificate executed by an authorized officer of the County onthe face of each Series 2003 Bond (collectively, the “Series 2003 County

Guaranty”), all pursuant to Section 37 (“Section 37”) of the Act (N.J.S.A.

40:37A-80) and other applicable law, which payments are included as part of

the Trust Estate applicable to the Series 2003 Bonds pledged by the Authority

to the Trustee under the Series 2003 Bond Resolution;

WHEREAS, the Series 2003 Bonds are presently Outstanding (as such term

is defined in the Series 2003 Bond Resolution) in the aggregate principal

amount of $8,680,000, $6,005,000 aggregate principal amount of which are

scheduled to mature on or after March 1, 2014 and are to be refunded (the

“Series 2003 Bonds to be Refunded”);

WHEREAS, (i) the 2003 Loans to the Borough of Morris Plains and theChester Township Board of Education have been paid in full, and accordingly,

there are no Series 2003 Bonds Outstanding under the Series 2003 Bond

l i ll bl h i 2003 l i (ii) h 2003

8/3/2019 FH Minutes - 2011-09-26



Local Units, the “Outstanding Local Units”) each have loans Outstanding under

the Series 2003 Bond Resolution that are eligible to be refunded;

WHEREAS, the Authority and the Series 2011 Local Units have determined

that there are debt service savings to be achieved through the advance

refunding of all or a portion of their allocable share of the Series 2003

Bonds to be Refunded (the “Advance Refunding Project”), which net savingsshall in turn be passed on to the Series 2011 Local Units, through the

application of a debt service credit for the benefit of each such Series 2011

Local Unit and their Series 2003 Local Unit Refunding Bonds, all pursuant to

the terms of the Series 2011 Refunding Agreement (as hereinafter defined);

WHEREAS, pursuant to the terms of the Series 2003 Bond Resolution, the

earliest date the Series 2003 Bonds to be Refunded can be redeemed is

March 1, 2013 at par;

WHEREAS, in order to implement the Advance Refunding Project, and to

pay the costs of issuance and fund any necessary reserves or other costs

related thereto (collectively the “Series 2011 Project”), the Authority shall

adopt a bond resolution entitled "SUPPLEMENTAL RESOLUTION AUTHORIZING THE

ISSUANCE OF COUNTY OF MORRIS GUARANTEED LOAN REVENUE REFUNDING BONDS, SERIES2011 (POOLED ERI UNFUNDED LIABILITY PROJECT) OF THE MORRIS COUNTY IMPROVEMENT

AUTHORITY" (the “Series 2011 Supplemental Bond Resolution ” and together with

the Series 2003 Bond Resolution, and any further amendments thereof or

supplements thereto, the “Bond Resolution”);

WHEREAS, the Series 2011 Supplemental Bond Resolution shall authorize

the issuance of “County of Morris Guaranteed Loan Revenue Refunding Bonds,

Series 2011 (Pooled ERI Unfunded Liability Project)” in the aggregate

principal amount not to exceed $7,000,000 (the “Series 2011 Refunding

Bonds”);

WHEREAS, the Advance Refunding Project shall be achieved through the

deposit of a portion of the proceeds of the Series 2011 Refunding Bonds withthe trustee authorized under the Bond Resolution (the “Trustee”), as escrow

agent (the “Escrow Agent”) pursuant to an “Escrow Deposit Agreement” to be

dated as of the first day of the month of issuance of the Series 2011

Refunding Bonds (the “Escrow Deposit Agreement”) between the Authority and

the Escrow Agent;

WHEREAS, upon issuance of the Series 2011 Refunding Bonds, and the

deposits with the Escrow Agent of a portion of the proceeds thereof in

accordance with the terms of the Escrow Deposit Agreement, the Series 2003

Bonds to be Refunded shall no longer be Outstanding under the Bond

Resolution, and only the Outstanding Series 2003 Bonds and the Series 2011

Refunding Bonds shall be Outstanding under the Bond Resolution;

WHEREAS, the Series 2011 Refunding Bonds shall be secured on a paritybasis with the Outstanding Series 2003 Bonds, and any other Bonds issued

under and as defined in the Bond Resolution (collectively, the “Outstanding

Bonds”) , by the Trust Estate under and as defined in the Bond Resolution,

including the Series 2011 Supplemental Bond Resolution, which Trust Estate

shall consist, in material part, of the payment of the principal, redemption

premium, if any, and interest on (i) the Series 2003 Local Unit Refunding

Bonds of the Outstanding Series 2003 Local Units (the “Outstanding Series

2003 Local Unit Refunding Bonds”) and (ii) the Series 2003 Local Unit

Refunding Bonds of the Series 2011 Local Units (which, from this point

forward, after application of the debt service credit in accordance with the

Series 2011 Refunding Agreement, shall be collectively referred to as the

“Series 2011 Local Unit Refunding Bonds”; the Outstanding Series 2003 Local

Unit Refunding Bonds and the Series 2011 Local Unit Refunding Bonds may becollectively referred to as the “Outstanding Local Unit Refunding Bonds” of

the Outstanding Local Units);

8/3/2019 FH Minutes - 2011-09-26



WHEREAS, the Series 2011 Refunding Agreement shall be authorized by a

resolution of each Series 2011 Local Unit (the “Series 2011 Local Unit

Authorizing Resolution”);


installments, if any) and interest on the Series 2011 Refunding Bonds shallbe fully, unconditionally and irrevocably guaranteed in an aggregate

principal amount not to exceed $7,000,000 in accordance with (i) the terms of

a guaranty ordinance 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 on the face of each Series 2011 Refunding Bond and

(iii) as may be required by any rating agency, underwriter, Series 2011

Refunding Bond purchaser or other entity that will allow the Authority to

sell the Series 2011 Refunding Bonds at the lowest possible cost to the Local

Unit, an agreement setting forth the County’s obligation to make any such

guaranty payments in accordance with and within the parameters set forth in

such ordinance (collectively, the “Series 2011 County Guaranty”, and together

with the Series 2003 County Guaranty, the “County Guaranty”), all pursuant to

Section 37 of the Act and other applicable law;

WHEREAS, accordingly, the Trust Estate under the Bond Resolution shall

also include, (i) with respect to the Outstanding Series 2003 Bonds, the

Series 2003 County Guaranty, and (ii) with respect to the Series 2011

Refunding Bonds, the Series 2011 County Guaranty;

WHEREAS, pursuant to the terms of the Loan Agreement, those Local Units

constituting “materially obligated persons” 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 the Securities and Exchange

Act of 1934, as amended, will be required to enter into those certain “Local

Unit Continuing Disclosure Agreements (Pooled Unfunded ERI Liability

Project)” to be dated as of the first day of the month of issuance of the

Series 2011 Refunding Bonds (as the same may be amended and supplemented fromtime to time in accordance with their respective terms, the “Local Unit

Continuing Disclosure Agreements”) with the Authority and the Trustee, as

dissemination agent (the “Dissemination Agent”) in order to satisfy the

secondary market disclosure requirements of Rule 15c2-12;

WHEREAS, pursuant to the terms of the Bond Resolution due to the County

Guaranty, as a “materially obligated person” within the meaning and for the

purposes set forth in Rule 15c2-12, the County shall be required to enter

into that certain “County Continuing Disclosure Agreement (Pooled Unfunded

ERI Liability Project)” to be dated as of the first day of the month of

issuance of the Series 2011 Refunding Bonds (as the same may be amended and

supplemented from time to time in accordance with its terms, the “County

Continuing Disclosure Agreement”) with the Authority and the Dissemination

Agent in order to satisfy the secondary market disclosure requirements ofRule 15c2-12;

WHEREAS, pursuant to the terms of the Bond Resolution, the Authority

(i) shall not be considered a “materially obligated person” within the

meaning and for the purposes set forth in Rule 15c2-12 and (ii) shall be

required to provide certain material events notices in accordance with Rule

15c2-12, and accordingly, the Authority (a) may be required to enter into a

separate continuing disclosure agreement, and (b) shall be required to

provide such material events notices under the terms of the Local Unit

Continuing Disclosure Agreement, all in order to satisfy the secondary market

disclosure requirements of Rule 15c2-12 (the “Authority Continuing Disclosure

Agreement” and together with the Local Unit Continuing Disclosure Agreements

and the County Continuing Disclosure Agreement, the “Continuing DisclosureAgreements”);

i d k d ll h i 2011 f di d

8/3/2019 FH Minutes - 2011-09-26



procured through a fair and open process (the “Underwriter”) by the Authority

(the “Bond Purchase Agreement”), (iv) execute and deliver a final Official

Statement incorporating the terms of the sale of the Series 2011 Refunding

Bonds and certain other information into the Preliminary Official Statement

(the “Official Statement” and together with the Preliminary Official

Statement, the Bond Purchase Agreement, the “Sale Documents”);

WHEREAS, the Authority shall have no obligation with respect to the

Series 2011 Project other than the financing thereof through the issuance of

the Series 2011 Refunding Bonds and the application of debt service credits

to the Outstanding Local Unit Bonds through the Series 2011 Refunding

Agreement; accordingly, the payment of the principal of and interest on the

Outstanding Bonds shall remain the sole responsibility of the Outstanding

Local Units through their payment of the principal of and interest on the

Outstanding Local Unit Refunding Bonds, as guaranteed by the County under the

County Guaranty;

WHEREAS, in accordance with Section 13 (“Section 13”) of the Act

(N.J.S.A. 40:37A-56), prior to the issuance of the Series 2011 Refunding

Bonds, the Authority will have made a detailed report of the Series 2011

Project to the Board of Freeholders, which report will include, withoutlimitation, descriptions of the Series 2011 Supplemental Bond Resolution, the

Series 2011 Local Unit Authorizing Resolutions, the Series 2011 Refunding

Bonds, the Series 2011 County Guaranty, the Refunding Agreement, the Escrow

Deposit Agreement, the Continuing Disclosure Agreements, and if necessary,

desirable or convenient as determined by the Authority, the County, and as

applicable, the Local Unit, such other applicable agreements that may include

one or more of the Local Finance Board Application or any Sale Documents

(collectively, the “Financing Documents”).

NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE COUNTY OF

MORRIS (THE “PARTICIPANT”), as follows:

Section 1. The Participant believes: (a) it is in the public interestto accomplish such purposes as set forth in the preambles hereof, including

the financing of the Series 2011 Project on behalf of the Participant; (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 or exorbitant; and (d) the proposal is an

efficient and feasible means of providing services for the needs of the

inhabitants of the Participant and will not create an undue financial burden

to be placed upon the Participant.

Section 2. The Participant’s participation in the Series 2011 Project

and the execution of the Refunding Agreement and the Local Unit Continuing

Disclosure Agreement in connection with the Advance Refunding Project is

hereby approved.

Section 3. The Freeholder-Director, County Administrator, and the

County Treasurer of the Participant (including their designees in writing,

each an “Authorized Officer”) are each hereby severally authorized to assist

the Authority with the preparation and submission of the Local Finance Board

Application for the purpose of financing the Participant’s portion of the

Series 2011 Project through the issuance of the Series 2011 Refunding Bonds,

and to take all action necessary, desirable, or convenient in connection

therewith. Accordingly, the Authorized Officers, and any consultants of

their choosing, shall, if necessary, represent the Participant at any public

hearing held by the Local Finance Board in connection with the Local Finance

Board Application.

Section 4. The Authorized Officers are hereby each severallyauthorized and directed to execute or acknowledge, as the case may be, and

deliver (i) the Refunding Agreement for the Participant in substantially the

f h d h hibi d h l i i l i

8/3/2019 FH Minutes - 2011-09-26



Section 5. The Secretary and any Assistant Secretary of the

Participant are each hereby severally authorized and directed, upon the

execution or acknowledgment of the documents set forth in Section 2 hereof:

to attest to the Authorized Officer's execution or acknowledgment of such

documents and is hereby further authorized and directed, when required by the

Authority, to thereupon affix the seal of the Participant to such documents.

Section 6. Upon the execution or acknowledgment and attestation of and

if required, the placing of the seal on the documents set forth in Section 2

hereof as contemplated by Sections 2 and 3 hereof the Authorized Officer is

hereby authorized and directed to (i) deliver such fully executed or

acknowledged, attested and sealed Refunding Agreement.

Section 7. The governing body of the Participant hereby authorizes the

performance of any act, the execution or acknowledgment and delivery of any

other document, instrument or Closing Certificates, which the Authorized

Officer deems necessary, desirable or convenient in connection with this

contemplated transaction, and the governing body of the Participant hereby

directs the Authorized Officer. to execute or acknowledge, attest and affix

(or cause the attestation or affixation of) the seal to any such documents,instruments or Closing Certificates, the authorization of which actions shall

be conclusively evidenced by the execution or acknowledgment, attestation,

affixation and delivery, as the case may be, thereof by such persons.

Section 8. This resolution shall take effect immediately.

Section 9. Upon the adoption hereof, the Participant shall forward

certified copies of this resolution to John Bonanni, Chairperson of the

Authority, and Stephen B. Pearlman, Esq., Inglesino, Pearlman, Wyciskala &

Taylor, LLC, Bond Counsel to the Authority.

--

(37)RESOLUTION PROVIDING MORRIS COUNTY'S CONSENT TO THE ISSUANCE BY THE

MORRIS COUNTY IMPROVEMENT AUTHORITY OF THE AUTHORITY’S COUNTY OF MORRIS

GUARANTEED LOAN REVENUE REFUNDING BONDS, SERIES 2011 (POOLED ERI UNFUNDED

LIABILITY PROJECT) [Federally Taxable] AND RELATED DOCUMENTS

WHEREAS, The Morris County Improvement Authority (including any

successors and assigns, the “Authority”) has been duly created by resolution

no. 42 entitled “Resolution of the Board of Chosen Freeholders of Morris

County, New Jersey creating the Morris County Improvement Authority” duly

adopted by the Board of Chosen Freeholders (the “Board of Freeholders”) of

the 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 State

pursuant to and in accordance with the county improvement authorities law,

constituting Chapter 183 of the Pamphlet Laws of 1960 of the State, and theacts amendatory thereof and supplemental thereto (the “Act”) and other

applicable law;

WHEREAS, on July 12, 2002, P.L. 2002, c. 42 (the “ERI Refunding Law”)

became the law of the State, by its terms authorizing municipalities,

counties, school districts and certain other local governmental units (“Local

Units”) to issue refunding bonds (the “Local Unit Refunding Bonds”) for the

purpose of retiring the present value of their unfunded liability (the

“Unfunded ERI Liability”) for early retirement incentive benefits previously

granted by the State to the Local Units pursuant to prior State law;

WHEREAS, in particular, municipal and county Local Units were

authorized under the ERI Refunding Law to issue Local Unit Refunding Bonds(the “Municipal and County Refunding Bonds”) under N.J.S.A. 40A:2-51.3 and

other applicable provisions of the Local Bond Law for the purpose of retiring

h l f h f d d i bili i l d b h

8/3/2019 FH Minutes - 2011-09-26



the present value of the Unfunded ERI Liability previously granted by the

State to such School District Local Units pursuant to P.L. 1991, c.231 and

P.L. 1993, c163 (the “School District Unfunded ERI Liability”);

WHEREAS, further pursuant to the ERI Refunding Law, which by its terms

also amended the Act, the Authority’s purposes under N.J.S.A. 40:37A-54 were

expanded to allow for the issuance and pooling of loans by the Authority tothe Local Units secured by Local Unit Refunding Bonds in order to achieve

more favorable interest rates and terms for the Local Units;

WHEREAS, on February 6, 2003, the Authority issued its $16,890,000

original aggregate principal amount of “County of Morris Guaranteed Loan

Revenue Bonds, Series 2003 (Pooled ERI Unfunded Liability Project” (the

“Series 2003 Bonds”) for the purpose, among other things, of the purchase of

Local Unit Refunding Bonds (the “ Series 2003 Local Unit Refunding Bonds”) of

(i) Chester Board of Education, (ii) the County, (iii) Morris Plains Borough,

(iv) Morris Township, (v) Mt. Olive Township, (vi) Mt. Olive Township Board

of Education, (vii) Roxbury Township and (viii) Roxbury Township Board of

Education (collectively, the “Series 2003 Local Units”) to finance their

Unfunded ERI Liability (collectively the “Series 2003 Loans”);

WHEREAS, the 2003 Loans were secured through those certain “Loan

Agreement (Pooled ERI Unfunded Liability Project)” dated as of February 1,

2003 (the “Series 2003 Loan Agreement”) between the Authority and each Series

2003 Local Unit, pursuant to which the Authority loaned the Series 2003 Local

Units a portion of the proceeds of the Series 2003 Bonds for the respective

Series 2003 Loans, which Series 2003 Loans were to be repaid by the Local

Units in accordance with a debt service schedule set forth in Exhibit B to

each Series 2003 Loan Agreement, as evidenced by each Series 2003 Local Unit

Refunding Bond;

WHEREAS, the Series 2003 Bonds were issued pursuant to (i) a bond

resolution of the Authority entitled “Resolution Authorizing the Issuance of

County of Morris Guaranteed Loan Revenue Bonds (Pooled ERI Unfunded LiabilityProject) and Additional Bonds of the Morris County Improvement Authority”,

which was duly adopted by the Authority at a meeting thereof duly called and

held on December 11, 2002, as amended and supplemented by a Certificate of

the Executive Director of the Authority dated February 6, 2003 issued

pursuant to Section 2.02(1)(e) of the original bond resolution (collectively,

the “Series 2003 Bond Resolution), (ii) the Act, and other applicable law;


installments, if any) and interest on the Series 2003 Bonds was fully,

unconditionally and irrevocably guaranteed in an aggregate principal amount

not to exceed $16,890,000 in accordance with (i) the terms of a guaranty

ordinance of the County finally adopted by the Board of Freeholders and (ii)

by a guaranty certificate executed by an authorized officer of the County on

the face of each Series 2003 Bond (collectively, the “Series 2003 CountyGuaranty”), all pursuant to Section 37 (“Section 37”) of the Act (N.J.S.A.

40:37A-80) and other applicable law, which payments are included as part of

the Trust Estate applicable to the Series 2003 Bonds pledged by the Authority

to the Trustee under the Series 2003 Bond Resolution;

WHEREAS, the Series 2003 Bonds are presently Outstanding (as such term

is defined in the Series 2003 Bond Resolution) in the aggregate principal

amount of $8,680,000, $6,005,000 aggregate principal amount of which are

scheduled to mature on or after March 1, 2014 and are to be refunded (the

“Series 2003 Bonds to be Refunded”);

WHEREAS, (i) the 2003 Loans to the Borough of Morris Plains and the

Chester Township Board of Education have been paid in full, and accordingly,there are no Series 2003 Bonds Outstanding under the Series 2003 Bond

Resolution allocable to these Series 2003 Local Units; (ii) the 2003 Loans to

i hi d li hi ( h i 2003 l i d

8/3/2019 FH Minutes - 2011-09-26



WHEREAS, the Authority and the Series 2011 Local Units have determined

that there are debt service savings to be achieved through the advance

refunding of all or a portion of their allocable share of the Series 2003

Bonds to be Refunded (the “Advance Refunding Project”), which net savings

shall in turn be passed on to the Series 2011 Local Units, through the

application of a debt service credit for the benefit of each such Series 2011Local Unit and their Series 2003 Local Unit Refunding Bonds, all pursuant to

the terms of the Series 2011 Refunding Agreement (as hereinafter defined);

WHEREAS, pursuant to the terms of the Series 2003 Bond Resolution, the

earliest date the Series 2003 Bonds to be Refunded can be redeemed is March

1, 2013 at par;

WHEREAS, in order to implement the Advance Refunding Project, and to

pay the costs of issuance and fund any necessary reserves or other costs

related thereto (collectively the “Series 2011 Project”), the Authority shall

adopt a bond resolution entitled "SUPPLEMENTAL RESOLUTION AUTHORIZING THE

ISSUANCE OF COUNTY OF MORRIS GUARANTEED LOAN REVENUE REFUNDING BONDS, SERIES

2011 (POOLED ERI UNFUNDED LIABILITY PROJECT) OF THE MORRIS COUNTY IMPROVEMENT

AUTHORITY" (the “Series 2011 Supplemental Bond Resolution ” and together withthe Series 2003 Bond Resolution, and any further amendments thereof or

supplements thereto, the “Bond Resolution”);

WHEREAS, the Series 2011 Supplemental Bond Resolution shall authorize

the issuance of “County of Morris Guaranteed Loan Revenue Refunding Bonds,

Series 2011 (Pooled ERI Unfunded Liability Project)” in the aggregate

principal amount not to exceed $7,000,000 (the “Series 2011 Refunding

Bonds”);

WHEREAS, the Advance Refunding Project shall be achieved through the

deposit of a portion of the proceeds of the Series 2011 Refunding Bonds with

the trustee authorized under the Bond Resolution (the “Trustee”), as escrow

agent (the “Escrow Agent”) pursuant to an “Escrow Deposit Agreement” to bedated as of the first day of the month of issuance of the Series 2011

Refunding Bonds (the “Escrow Deposit Agreement”) between the Authority and

the Escrow Agent;

WHEREAS, upon issuance of the Series 2011 Refunding Bonds, and the

deposits with the Escrow Agent of a portion of the proceeds thereof in

accordance with the terms of the Escrow Deposit Agreement, the Series 2003

Bonds to be Refunded shall no longer be Outstanding under the Bond

Resolution, and only the Outstanding Series 2003 Bonds and the Series 2011

Refunding Bonds shall be Outstanding under the Bond Resolution;

WHEREAS, the Series 2011 Refunding Bonds shall be secured on a parity

basis with the Outstanding Series 2003 Bonds, and any other Bonds issued

under and as defined in the Bond Resolution (collectively, the “OutstandingBonds”) , by the Trust Estate under and as defined in the Bond Resolution,

including the Series 2011 Supplemental Bond Resolution, which Trust Estate

shall consist, in material part, of the payment of the principal, redemption

premium, if any, and interest on (i) the Series 2003 Local Unit Refunding

Bonds of the Outstanding Series 2003 Local Units (the “Outstanding Series

2003 Local Unit Refunding Bonds”) and (ii) the Series 2003 Local Unit

Refunding Bonds of the Series 2011 Local Units (which, from this point

forward, after application of the debt service credit in accordance with the

Series 2011 Refunding Agreement, shall be collectively referred to as the

“Series 2011 Local Unit Refunding Bonds”; the Outstanding Series 2003 Local

Unit Refunding Bonds and the Series 2011 Local Unit Refunding Bonds may be

collectively referred to as the “Outstanding Local Unit Refunding Bonds” of

the Outstanding Local Units);

WHEREAS, the Outstanding Local Unit Refunding Bonds shall be payable by

h i di l i if f h l f d

8/3/2019 FH Minutes - 2011-09-26



WHEREAS, the Series 2011 Refunding Agreement shall be authorized by a

resolution of each Series 2011 Local Unit (the “Series 2011 Local Unit

Authorizing Resolution”);


installments, if any) and interest on the Series 2011 Refunding Bonds shall

be fully, unconditionally and irrevocably guaranteed in an aggregateprincipal amount not to exceed $7,000,000 in accordance with (i) the terms of

a guaranty ordinance 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 on the face of each Series 2011 Refunding Bond and

(iii) as may be required by any rating agency, underwriter, Series 2011

Refunding Bond purchaser or other entity that will allow the Authority to

sell the Series 2011 Refunding Bonds at the lowest possible cost to the Local

Unit, an agreement setting forth the County’s obligation to make any such

guaranty payments in accordance with and within the parameters set forth in

such ordinance (collectively, the “Series 2011 County Guaranty”, and together

with the Series 2003 County Guaranty, the “County Guaranty”), all pursuant to

Section 37 of the Act and other applicable law;

WHEREAS, accordingly, the Trust Estate under the Bond Resolution shallalso include, (i) with respect to the Outstanding Series 2003 Bonds, the

Series 2003 County Guaranty, and (ii) with respect to the Series 2011

Refunding Bonds, the Series 2011 County Guaranty;

WHEREAS, pursuant to the terms of the Loan Agreement, those Local Units

constituting “materially obligated persons” 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 the Securities and Exchange

Act of 1934, as amended, will be required to enter into those certain “Local

Unit Continuing Disclosure Agreements (Pooled Unfunded ERI Liability

Project)” to be dated as of the first day of the month of issuance of the

Series 2011 Refunding Bonds (as the same may be amended and supplemented from

time to time in accordance with their respective terms, the “Local UnitContinuing Disclosure Agreements”) with the Authority and the Trustee, as

dissemination agent (the “Dissemination Agent”) in order to satisfy the

secondary market disclosure requirements of Rule 15c2-12;

WHEREAS, pursuant to the terms of the Bond Resolution due to the County

Guaranty, as a “materially obligated person” within the meaning and for the

purposes set forth in Rule 15c2-12, the County shall be required to enter

into that certain “County Continuing Disclosure Agreement (Pooled Unfunded

ERI Liability Project)” to be dated as of the first day of the month of

issuance of the Series 2011 Refunding Bonds (as the same may be amended and

supplemented from time to time in accordance with its terms, the “County

Continuing Disclosure Agreement”) with the Authority and the Dissemination

Agent in order to satisfy the secondary market disclosure requirements of

Rule 15c2-12;

WHEREAS, pursuant to the terms of the Bond Resolution, the Authority

(i) shall not be considered a “materially obligated person” within the

meaning and for the purposes set forth in Rule 15c2-12 and (ii) shall be

required to provide certain material events notices in accordance with Rule

15c2-12, and accordingly, the Authority (a) may be required to enter into a

separate continuing disclosure agreement, and (b) shall be required to

provide such material events notices under the terms of the Local Unit

Continuing Disclosure Agreement, all in order to satisfy the secondary market

disclosure requirements of Rule 15c2-12 (the “Authority Continuing Disclosure

Agreement” and together with the Local Unit Continuing Disclosure Agreements

and the County Continuing Disclosure Agreement, the “Continuing Disclosure

Agreements”);

WHEREAS, in order to market and sell the Series 2011 Refunding Bonds,

h h i ill h (i) k li i ( h “ l i d

8/3/2019 FH Minutes - 2011-09-26



(the “Bond Purchase Agreement”), (iv) execute and deliver a final Official

Statement incorporating the terms of the sale of the Series 2011 Refunding

Bonds and certain other information into the Preliminary Official Statement

(the “Official Statement” and together with the Preliminary Official

Statement, the Bond Purchase Agreement, the “Sale Documents”);

WHEREAS, the Authority shall have no obligation with respect to theSeries 2011 Project other than the financing thereof through the issuance of

the Series 2011 Refunding Bonds and the application of debt service credits

to the Outstanding Local Unit Bonds through the Series 2011 Refunding

Agreement; accordingly, the payment of the principal of and interest on the

Outstanding Bonds shall remain the sole responsibility of the Outstanding

Local Units through their payment of the principal of and interest on the

Outstanding Local Unit Refunding Bonds, as guaranteed by the County under the

County Guaranty; and

WHEREAS, in accordance with Section 13 (“Section 13”) of the Act

(N.J.S.A. 40:37A-56), prior to the issuance of the Series 2011 Refunding

Bonds, the Authority will have made a detailed report of the Series 2011

Project to the Board of Freeholders, which report will include, without

limitation, descriptions of the Series 2011 Supplemental Bond Resolution, theSeries 2011 Local Unit Authorizing Resolutions, the Series 2011 Refunding

Bonds, the Series 2011 County Guaranty, the Refunding Agreement, the Escrow

Deposit Agreement, the Continuing Disclosure Agreements, and if necessary,

desirable or convenient as determined by the Authority, the County, and as

applicable, the Local Unit, such other applicable agreements that may include

one or more of the Local Finance Board Application or any Sale Documents

(collectively, the “Financing Documents”).

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CHOSEN FREEHOLDERS OF

THE COUNTY OF MORRIS, NEW JERSEY, as follows:

Section 1. In accordance with Section 13 and all other applicable law,

the County of Morris Board of Freeholders hereby consent to (i) Series 2011Project and the financing of same on behalf of the Series 2011 Local Units

through the Financing Documents, (ii) the execution or acknowledgment and

delivery by the Authority of the Refunding Agreement and the Continuing

Disclosure Agreements in substantially the forms attached hereto as Exhibits

A and B, respectively (iii) the adoption by the Authority of the Series 2011

Supplemental Bond Resolution in substantially the form attached hereto as

Exhibit C, (iv) the issuance, sale and delivery of the Series 2011 Refunding

Bonds to effect such purpose and (v) the adoption and execution and delivery

of the Series 2011 County Guaranty as further security for the Series 2011

Refunding Bonds. The County's consent hereto to the Financing Documents

contemplates the insertion of the final financing terms therein that will

result from the sale of the Series 2011 Refunding Bonds, which financing

terms shall be limited only by those financing term parameters set forth in

the Local Finance Board Application of the Authority filed with the LocalFinance Board (and on file with the County Administrator) relating to the

Series 2011 Refunding Bonds and the findings related thereto and the

parameters set forth herein.

Section 2. To the extent the Series 2011 Refunding Bonds are issued in

any year other than 2011 or 2012, as the case may be, references herein to

“2011” or “2012” respectively, may without any further action be changed to

the year of issuance of such Series 2011 Refunding Bonds.

Section 3. This resolution shall take effect immediately.

Section 4. Upon the adoption hereof, the Clerk of the Board of

Freeholders shall forward certified copies of this resolution to JohnBonanni, County Administrator and Chairman of the Authority, Daniel W.

O’Mullan, Esq., County Counsel, and Stephen B. Pearlman, Esq., counsel to the

h i

8/3/2019 FH Minutes - 2011-09-26



Motorola Communications & Law & Public Safety

Electronics Inc Split Account:

P O Box 305 Amount: $12,786,453.90

Bordentown NJ 08505-0305

NJSC#A53804

04-216-55-963248-909 $ 1,047,889.00

04-216-55-963248-952 $11,140,848.5304-216-55-963144-909 $ 47,718.68

04-216-55-963144-951 $ 328,167.00

04-216-55-963142-909 $ 5,549.66

04-216-55-963142-952 $ 71,791.03

04-216-55-963143-909 $ 14,490.00

04-216-55-963143-950 $ 130,000.00

--

Freeholder Feyl made a motion to adopt Resolution Nos. 1 through 38.

This was seconded by Freeholder Mastrangelo. The Clerk called and recorded

the following vote:

YES: Freeholders Feyl, Grossi, Mastrangelo, Nordstrom (except toABSTAIN on No. 18), and Acting Director Murphy (5)


--

FREEHOLDER COMMENTS

Freeholder Grossi said that $5,000 of Community Development Block Grant

funds has been spent to assist homeowners through the Morris County Housing

Rehabilitation Program in Mendham Borough. The Planning Board staff has

worked closely with Mendham Borough officials in developing the draftWastewater Management Plan. The County’s undertaking of this project will

likely save the Borough in excess of $50,000. Concerning Preservation Trust,

Mendham Borough, to date, has seen roughly $6.4 million of the county trust

fund invested helping preserve five Open Space/Farmland preservation projects

totaling almost 150 acres as well as one historic site and one historic

district (Register Nomination). Municipal payment into the Trust Fund has

totaled about $5.8 million.

--

BILL RESOLUTION

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

Warrants all having been approved by the proper committees of officials wherelegally required, be and the same are hereby authorized to be paid. The

Schedule of Warrants designated as Bill Resolution #18-11 totals

$3,751,842.85 dated and made a part hereof by reference.

Freeholder Nordstrom moved the adoption of the Bill Resolution. The

motion was seconded by Freeholder Mastrangelo, and the following vote was

recorded:




--

ADJOURNMENT

8/3/2019 FH Minutes - 2011-09-26


FH Minutes - 2011-09-26

Documents

Transcript of FH Minutes - 2011-09-26