FH Minutes - 2011-10-12

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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011

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

Morris, State of New Jersey, was held on October 12, 2011, in the Freeholders

Public Meeting Room, Administration and Records Building, Morristown, New

Jersey. The meeting began at 7:30 p.m.

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

this regular meeting held this 12th day of October, 2011 has been providedthrough resolution adopted by this Board at its Regular Meeting held at the

Administration and Records Building on January 5, 2011, and by mailing the

resolution to the Star Ledger, the Daily Record, and the Record and by filing

a copy of same with the Clerk of the Town of Morristown and the Morris County

Clerk.

ROLL CALL

PRESENT: Freeholders Douglas Cabana, Gene Feyl, Ann Grossi,

Thomas Mastrangelo, John Murphy, Margaret Nordstrom,

Director William Chegwidden (7)

ALSO PRESENT: County Counsel Dan O’Mullan, Assistant County Counsel Randy Bush,

Administrator John Bonanni, Assistant County Administrator

Mary Jo Buchanan 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.

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EAGLE SCOUT RECOGNITION

Tim Pilewski, Boy Scout Troop 111, Lake Hopatcong

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MINUTES FOR APPROVAL

All Meeting Minutes from September 26, 2011.

On motion by Freeholder Murphy and seconded by Freeholder Nordstrom the

meeting minutes were approved.

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COMMUNICATIONS

1. The Community Presbyterian Church is asking permission to hang a

banner over Main Street (Route 513) in the Borough of Chester

starting November 7 for two weeks to advertise the Holiday

Extravaganza and Luncheon.

2. The Borough of Wharton is asking permission to close a portion of

Main Street from 7:30 to 9:00 p.m. for the annual Veteran’s Eve

Memorial Parade and Service to take place on November 10.

On motion by Freeholder Murphy and seconded by Freeholder Nordstrom

the road closings were approved.

--

ORDINANCES

SECOND READING/ADOPTION

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

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

affirmatively concurring), AS FOLLOWS:

WHEREAS, THE COUNTY OF MORRIS, NEW JERSEY (the “County”) has heretofore

issued its $19,513,000 General Obligation Bonds of 2003, dated June 24, 2003

(the “Prior Bonds”); and

WHEREAS, the Prior Bonds were issued to finance and/or refinance (a)

various capital improvements for the County and (b) costs of issuance in

connection with the Prior Bonds; and

WHEREAS, the County desires to refund a portion of the Prior Bonds in

order to achieve debt service savings.

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

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

thereof affirmatively concurring), AS FOLLOWS:

Section 1. Pursuant to N.J.S.A. 40A:2-1 et seq. and 40A:2-51 et seq.

of the Local Bond Law of the State of New Jersey (the “State”), the County is

hereby authorized to refund a portion of the County’s outstanding Prior

Bonds.

Section 2. In order to finance the cost of the purpose described in

Section 1 hereof and the costs of issuance associated therewith, refunding

bonds of the County are hereby authorized to be issued in the aggregate

principal amount not exceeding $6,000,000 pursuant to N.J.S.A. 40A:2-51 et

seq. of the Local Bond Law of the State. All refunding bonds issued

hereunder shall be sold to such purchasers and in such manner and bear such

other details as determined by the Chief Financial Officer of the County.

Each bond shall contain the word “refunding” in its title, in accordance with

the provisions of the Local Bond Law of the State.

Section 3. An aggregate amount not to exceed $125,000 for items of

expense listed in and permitted under N.J.S.A. 40A:2-51(b), including,

without limitation, underwriter’s discount, original issue discount, if any,

and all legal, advertising, accounting, printing and fiduciary expenses, has

been included in the aggregate principal amount of refunding bonds authorized

herein.

Section 4. The purpose of the refunding is to reduce the annual debt

service expenses of the County.

Section 5. A certified copy of this refunding bond ordinance as

adopted on first reading has been filed with the Director of the Division of

Local Government Services in the Department of Community Affairs of the State

prior to final adoption, together with a complete statement in the form

prescribed by the Director and signed by the Chief Financial Officer of the

County as to the indebtedness to be financed by the issuance of the refunding

bonds authorized herein.

Section 6. The refunding bonds authorized by this bond ordinance will

recite that they are issued by the County pursuant to the provisions of Local

Bond Law and shall be direct, unlimited obligations of the County.

Section 7. This refunding bond ordinance shall take effect twenty (20)

days after the first publication thereof after final adoption, as provided by

said Local Bond Law.

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

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

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Freeholder Mastrangelo moved that the Clerk be authorized to publish

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

newspaper in accordance with the law. Freeholder Feyl seconded the

motion, which passed with seven YES votes.

--

(2)

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

the 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.’”

Clerk Ketchum read the following ordinance

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

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

affirmatively concurring), AS FOLLOWS:

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

ordinance are hereby respectively authorized as improvements to be made or

acquired by the County of Morris, New Jersey (the “County”). For the said

improvements or purposes stated in said Section 3, there is hereby

appropriated the sum of $2,000,000, said sum being inclusive of all

appropriations heretofore made therefor and including the sum of $100,000 as

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

particularly described in said Section 3 and now available therefore by

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

for down payments or for capital improvement purposes.

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

meet the part of said $2,000,000 appropriation not provided for byapplication hereunder of said down payment, negotiable bonds of the County

are hereby authorized to be issued in the principal amount of $1,900,000

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

issuance of said bonds and to temporarily finance said improvements or

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

exceeding $1,900,000 are hereby authorized to be issued pursuant to and

within the limitations prescribed by said Law.

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

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

bridge, road and facility improvements related to Hurricane Irene, including

all work, materials and equipment necessary therefor and incidental thereto

(all as shown on and in accordance with the plans and specifications thereforon file in the office of the Clerk of the Board of Chosen Freeholders and

hereby approved).

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

said purposes is $1,900,000.

(c) The estimated cost of said purposes is $2,000,000 which amount

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

appropriation of $2,000,000 over the estimated maximum amount of bonds or

notes to be issued therefor being the amount of said $100,000 down payment

for said purposes.

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

recited and stated:

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

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

and such statement shows that the gross debt of the County as defined in said

Law is increased by the authorization of the bonds and notes provided for in

this bond ordinance by $1,900,000, and the said obligations authorized by

this bond ordinance will be within all debt limitations prescribed by said

Law.

(d) An aggregate amount not exceeding $100,000 for interest on said

obligations, costs of issuing said obligations, engineering costs and other

items of expense listed in and permitted under Section 40A:2-20 of said Law

is included in the estimated cost of said improvements.

Section 5. Any funds from time to time received by the County as

contributions-in-aid of financing the improvements or purposes described in

Section 3 of this ordinance shall be used for financing said improvements or

purposes by application thereof either to direct payment of the cost of said

improvements or purposes, or to payment or reduction of the authorization of

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

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

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

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

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

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

to the punctual payment of the principal of and interest on the said

obligations authorized by this bond ordinance. Said obligations shall be

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

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

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

limitation of rate or amount.

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

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

inconsistency herewith. The resolution in the form promulgated by the LocalFinance Board showing full detail of the amended capital budget and capital

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

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

County of Morris and is available there for public inspection.

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

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

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

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

reasonably expects to reimburse such expenditures with the proceeds of its

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

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

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

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

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

notes, is $1,900,000.

Section 9. This bond ordinance shall take effect twenty (20) days

after the first publication thereof after final adoption, as provided by said

Local Bond Law.



Hearing closed.

Freeholder Mastrangelo moved that the ordinance under consideration

be adopted on the second and final reading. Freeholder Feyl seconded the

motion

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(3)

Director Chegwidden stated: “We will now consider for final

adoption the 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 NOTTO EXCEED $7,000,000.’”

Clerk Ketchum read the following ordinance:

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 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 the present value of the Unfunded ERI Liability previously

granted by the state to such Municipal and County Local Units pursuant to

P.L. 1991, c.229, P.L. 1991, c.230, P.L. 1993, c.138, P.L. 1993, c.99, and

P.L. 1999, c.59 (the “Municipal and County Unfunded ERI Liability”);

WHEREAS, in particular, school district Local Units were authorized

under the ERI Refunding Law to issue Local Unit Refunding Bonds (the

“School District Refunding Bonds”) (i) for type I school districts, under

N.J.S.A. 18A:24-61.2 of the School Bond Law and other applicable

provisions of the School Bond Law and the Local Bond Law, and (ii) for

type II school districts, under N.J.S.A. 18A:24-61.2 of the School Bond

Law and other 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, were expanded 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 $16,890,000original aggregate principal amount of “County of Morris Guaranteed Loan

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

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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 bondresolution of the Authority entitled “Resolution Authorizing the Issuance

of County 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 on the 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 are after March 1, 2014 and are to berefunded (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 has 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 Morris Township and Mt. Olive Township (each a Series 2003

Local Unit and collectively, the “Outstanding Series 2003 Local Units”)

are small and have one or a few payments remaining and therefore Morris

Township and Mt. Olive Township shall continue to pay their Loans as they

shall become due, and the $705,000 aggregate principal amount of Series

2003 Bonds allocable to such Series 2003 Local Units shall remain

Outstanding under the Series 2003 Bond Resolution (the “Outstanding Series

2003 Bonds”), and (iii) the County, Mt. Olive Township Board of Education,

Roxbury Township and Roxbury Township Board of Education (each a Series

2003 Local Unit, and collectively, the “Series 2011 Local Units”, and

together with the Outstanding Series 2003 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 been

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 2011 Local Unit and their Series 2003 Local Unit RefundingBonds, all pursuant to the terms of the Series 2011 Refunding Agreement

(as hereinafter defined);

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any other 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 2011Refunding Bonds”),

WHEREAS, the Advanced 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 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

parity basis 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 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 the respective Outstanding Local Units, if necessary, from the levy of

ad valorem taxes upon all the taxable property within the jurisdiction of

the Outstanding Local Unit, without limitation as to rate or amount;

WHEREAS, simultaneously with the issuance of the Series 2011

Refunding Bonds, the Series 2011 Local Units shall enter into that certain

“Refunding Agreement (Pooled ERI Unfunded Liability Project”) (the “Series

2011 Refunding Agreement”) containing a revised Exhibit B to its 2003 Loan

Agreement evidencing the credit to debt service on its Series 2011 Local

Unit Refunding Bonds;

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”);

WHEREAS, payment of the principal of (including mandatory sinking

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

shall be fully, unconditionally and irrevocably guaranteed in an aggregate

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

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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 andExchange 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 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 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 ser 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 requiredto provide such material events notices under the terms of the Local Unit

Continuing Disclosure Agreement, all in order to satisfy the secondary

market disclosure market disclosure requirements of Rule 15c2-12 (the

“Authority Continuing Disclosure Agreement” and together with the Local

Unit continuing Disclosure Agreement, the “Continuing Disclosure

Agreement”);

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

Bonds, the Authority will have to (i) make an 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 the State Department of

Community Affairs, all in accordance with N.J.S.A. 40A:5A-6, 7 and 8 of

the Local Authorities Fiscal Control Law, (ii) authorize the distribution

of a preliminary official statement “deemed final” within the meaning and

for the purposes of Rule 15c2-12 describing the terms of the Series 2011

Refunding Bonds, the Series 2011 Project and the other transactions

contemplated hereby (the “Preliminary Official Statement” ), (iii) enter

into a bond purchase agreement with an underwriter to be selected from the

Authority’s qualified underwriter list 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

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

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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 ORDAINED BY THE BOARD OF CHOSEN FREEHOLDERSOF THE COUNTY OF MORRIS, NEW JERSEY, as follows;

Section 1. This guaranty ordinance shall be adopted by the governing

body of the County in the manner provided for adoption of a bond ordinance

as provided in the Local bond Law, constituting Chapter 169 of the

Pamphlet Laws of 1960 of the State, as amended (the “Local bond Law”)

Section 2. Pursuant to and in accordance with the terms of the

Act, specifically Section 37, the County is hereby authorized to and

hereby shall fully, unconditionally and irrevocably guarantee the punctual

payment of the principal, when due, of (including sinking fund

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

an aggregate principal amount not exceeding $7,000,000, which Series 2011

Refunding Bonds are to be issued to finance the Series 2011 Project as

described in the preambles hereof. Notwithstanding the provisions of any

other Financing Document, upon the endorsement of the Series 2011

Refunding Bonds referred to in Section 3 below by an authorized officer of

the County, the County shall be unconditionally and irrevocably obligated

to pay, when due, the principal of (including sinking fund installments,

if any) and interest on the Series 2011 Refunding Bonds to the extent the

Trustee, for any reason, has insufficient monies on any such payment dates

to pay the principal of and interest on the Series 2011 Refunding Bonds in

full when due on any such payment dates, in the same manner and to the

same extent as in the case of bonds issued by the County and accordingly,

the County shall be unconditionally and irrevocably obligated to levy ad

valorem taxes upon all the taxable property within the County for the

payment thereof without limitation as to rate or amount. Thisunconditional and irrevocable guaranty of the County effected hereby to

pay the principal of (including sinking fund installments, if any) and

interest on the Series 2011 Refunding Bonds when due in accordance with

the terms hereof and of the Financing Documents may not be waived, setoff

or otherwise abrogated by action or inaction of the Authority, the County

or for any other reason.

Section 3. The Director of the Board of Freeholders (the

“Freeholder Director”) shall, by manual or facsimile signature, and is

hereby directed to execute an endorsement on each of the Series 2011

Refunding Bonds evidencing this guaranty by the County as to the punctual

payment of the principal of (including sinking fund installments, if any),

when due, and interest thereon. The endorsement on each Series 2011 Bond

shall be in substantially the following form, and absent the fully

executed endorsement in such following form on any such Series 2011 Bond,

such Series 2011 Bond shall not be entitled to the benefits of this

guaranty ordinance:

“GUARANTY OF THE COUNTY OF MORRIS, NEW JERSEY”

The payment of the principal of (including sinking fund

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

be fully, irrevocably and unconditionally guaranteed by the County of

Morris, New Jersey (the “County”) in accordance with the provisions of

N.J.S.A. 40:37A-80 and the guaranty ordinance of the County finally

adopted pursuant thereto and any guaranty agreement executed by the County

in connection therewith, and the County is fully, irrevocably andunconditionally liable for the payment when due, of the principal of

(including sinking fund installments, if any) and interest on this Series

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The Freeholder Director is hereby further authorized to execute or

acknowledge such other certificates or agreement relating to this full,

irrevocable and unconditional guaranty that may be required by the

Authority to comply with the terms of the Financing Documents, including

without limitation, any agreement or certificate detailing the time and

method that payment under this guaranty shall be made by the County. Suchfurther agreement or certificate shall not in any manner relieve the

County from its obligations hereunder, and shall contain only such terms

as are consistent with or within the parameters herein set forth.

Section 4. It is hereby found, determined and declared by the

governing body of the County that:

(a) This guaranty ordinance may be adopted notwithstanding any

statutory debt or other limitations, including particularly any limitation

or requirement under or pursuant to the Local Bond Law, but the aggregate

principal amount of the Series 2011 Refunding Bonds which shall be

entitled to the benefits of this guaranty ordinance, being an amount not

to exceed $7,000,000, shall, after their issuance, be included in thegross debt of the County for the purpose of determining the indebtedness

of the County under or pursuant to the Local Bond Law.

(b) The principal amount of Series 2011 Refunding Bonds entitled

to the benefits of this guaranty ordinance and included in the gross debt

of the County shall be deducted and is hereby declared to be and to

constitute a deduction from such gross debt under and for all the purposes

of the Local Bond Law (i) from and after the time of issuance of the

Series 2011 Refunding Bonds until the end of the fiscal year beginning

next after the completion of acquisition, construction, installation or

renovation of Series 2011 Project, and (ii) in any annual debt statement

filed pursuant to the Local Bond Law as of the end of said fiscal year or

any subsequent fiscal year if the revenues or other receipts or moneys of

the Authority in such year (including amounts payable pursuant to theLocal Unit Bonds) are sufficient to pay its expenses of operation and

maintenance in such year and all amounts payable in such year on account

of the principal of and interest on all such guaranteed Series 2011

Refunding Bonds, all bonds of the County issued as provided in Section 36

of the Act (N.J.S.A. 40:37A-79) and all bonds of the Authority issued

under the Act.

Section 5. The following matters are hereby determined, declared,

recited and stated:

(a) The maximum principal amount of Series 2011 Refunding Bonds

(including one or more series of bonds and one or more series of bond

anticipation notes issued in anticipation thereof) of the Authority whichare hereby and hereunder fully unconditionally and irrevocably guaranteed

as to the punctual payment of the principal thereof (including sinking

fund installments, if any) and interest thereon is $7,000,000; the maximum

principal amount of Series 2011 Refunding Bonds (including one or more

series of bonds and one or more series of bond anticipation notes issued

in anticipation thereof) of the Authority that may be outstanding at any

one time is $7,000,000; and the maximum estimated cost of Series 2011

project to be financed in accordance with the transactions contemplated

hereby is $7,000,000.

(b) The purpose described in this guaranty ordinance is not a

current expense of the County and no part of the cost thereof has been or

shall be assessed on property specially benefited thereby.

(c) A supplemental debt statement of the County has been duly made

and filed in the office of the Clerk of the Board and a complete executed

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(d) Other than the publication requirements set forth below, all

other items to be contained in a bond ordinance adopted pursuant to the

Local Bond Law are hereby determined to be inapplicable to the County's

guaranty of the Series 2011 Refunding Bonds hereby.

Section 6. To the extent the Authority determines that it is in the

best interest of the Authority and the County, the Authority is herebyauthorized to finance Series 2011 Project as separate issues through one

or more separate series of Series 2011 Refunding Bonds consisting of notes

and bonds which in the aggregate shall not exceed $7,000,000. Such series

of Series 2011 Refunding Bonds (consisting of notes and bonds) shall be

entitled to the benefits of this County Guaranty in an aggregate amount

not to exceed $7,000,000.

Section 7. To the extent the Series 2011 Refunding Bonds (or any

portion thereof) are not issued in 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 And all dates related to such year of issuance shall be

automatically adjusted.

Section 8. If any part(s) of this ordinance shall be deemed

invalid, such part(s) shall be severed and the invalidity thereby shall

not affect the remaining parts of this ordinance.

Section 9. This guaranty ordinance shall take effect at the time and

in the manner provided by law.

Section 10. A public hearing shall be held on this guaranty ordinance

on ____________, 2011 at 7:30 p.m. in the Freeholder Meeting Room, 5th floor,

Administration and Records Building, Morristown, New Jersey.

Section 11. The Clerk of the Board of Chosen Freeholders is hereby

directed to publish and post notice of this guaranty ordinance as required by

applicable law, including the Act and Local Bond Law.

Section 12. Upon the adoption hereof, the Clerk of the Board of

Chosen Freeholders shall forward certified copies of this resolution to

John Bonanni, County Administrator and Chairman of the Authority, Daniel

W. O’Mullan, esq., County counsel and Stephen B. Pearlman, Esq., Counsel

to the Authority.



Hearing closed.

Freeholder Mastrangelo moved that the ordinance under consideration

be adopted on the second and final reading. Freeholder Feyl seconded the

motion.

The Clerk called and recorded the following vote:

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

Nordstrom, and Director Chegwidden (7)

Freeholder Mastrangelo moved that the Clerk be authorized to publish

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

newspaper in accordance with the law. Freeholder Feyl seconded the

motion, which passed with seven YES votes.

--

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(1)

WHEREAS, a contract was awarded on May 12, 2010 for conversion of the

existing Morris County Law Library into a Non Jury Courtroom; and

WHEREAS, it has been determined that it is necessary to increase said

contract to provide for additional design and construction management

services due to additional time needed to complete the project;

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 Local

Public Contracts Regulations, contract modification as detailed on “Contract

Change Order Request” No. 2-16763 is hereby approved as follows:

1. Vendor: The Musial Group

191 Mill Lane

Mountainside, New Jersey 07092

2. Item: Provide for additional design and construction

management services

3. Increase in Cost: $ 15,000.00

4. New Contract Total: $ 50,235.00

5. The necessary amended Certificate of Availability of Funds has been

provided by the Treasurer and said amended Certificate indicates the

availability of funds is as listed in Budget Line Item #04-216-55-

953226-909 and said account shall be charged.

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

execute said contract modification.

7. This resolution shall take effect immediately.

--

(2)

WHEREAS, on April 13, 2011, the County of Morris entered into JJ-1111

subgrant modification with Morristown Memorial Hospital; and,

WHEREAS, the amount for the agreement was $5,000; and,

WHEREAS, it has become necessary to amend the aforesaid subgrant,

decreasing the subgrant amount by $1,600 from $5,000 to $3,400;

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

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

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

sign and execute this modification.

2. The Treasurer is hereby authorized to issue an amended CAF No.

35155, decreasing the amount of the CAF by $1,600, and credit

account #02-213-41-752-105-392, 2011 State/Community Partnership-

Program Services with the aforesaid $1,600.

--

(3) WHEREAS, the Board of Chosen Freeholders of the County of Morris is

interested in providing services to juveniles and their families; and,

WHEREAS, the State of New Jersey’s Juvenile Justice Commission

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program effectiveness, identify service gaps and recommend solutions that

confront juveniles and their families in Morris County;

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


1. The Director of the Board of Chosen Freeholders is authorized tosign and execute the aforesaid grant application and related

documents.

2. The Board of Chosen Freeholders hereby adopts this plan known as the

Year 2012-2014 Morris Comprehensive County Youth Services Plan and

related documents.

--

(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 $251,950 from the

FY 2011 Open Space and Farmland Preservation Trust Fund to

Morristown & Morris Township Library Foundation for a project

entitled Morristown & Morris Twp. Library.

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 thegrantee as directed by the office of the Department & Development,

all in accordance with this resolution.

--

(5)


Morris in the State of New Jersey, that the action of the Department of

Law & Public Safety in signing a facility use agreement with ROCK-GW, LLC

for utilization of certain parking areas to conduct Emergency Vehicle

Operation Training Exercises, a copy of which is on file in the Office of

the Department of Law and Public Safety, is hereby approved, ratified and

confirmed.

--

(6)

WHEREAS, a contract was awarded on December 9, 2010 for conversion

of the law library to a courtroom; and

WHEREAS, it has been determined that it is necessary to decrease

said contract to provide for a credit for reduction in contract work;

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 Local

Public Contracts Regulations; contract modification as detailed on

“Contract Change Order Request” No. 2-27484 is hereby approved as follows:

1. Vendor: Zinno Construction

P.O. Box 333

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

to execute said contract modification.


--

(7)

WHEREAS, on November 10, 2010 by Resolution #31 a contract relative

to Third Party Administrator (TPA) to provide services to the Fund for its

Multi-Line insurance program was awarded to PMA Management Corp., and

WHEREAS, the specifications provided an option for renewal for one

year and,

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

option, now therefore,

BE IT RESOLVED that said contract with PMA management Corp., be

renewed as follows:

PMA Management Corp.

380 Sentry Parkway

Blue Bell, PA 19422

Amount: $141,558 (Workers’ Compensation Fund)

$ 21,942 (Insurance Fund)

Total: $163,500

Term: January 1, 2012 through December 31, 2012

Dept: Administration

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

Availability of Funds.

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

as prepared by County Counsel.

2. The resolution shall take effect immediately.

--

(8)

RESOLVED, that the Director is hereby authorized to execute and the

Clerk shall certify, attest and affix the seal to the Release of Receipt

of Grant and Lien in the matter of the following client(s) and the Clerk

shall deliver the same to community Development.

Diane Acciavatti

--

(9)

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

Resolution #25 adopted January 12, 2011, awarded a contract to RHM

Benefits, Inc., of Hackettstown, New Jersey to provide Administrative and

Consulting Services to the Morris County Employee Health Benefits Program

and,

WHEREAS, the contract provides an option for renewal for one year

and;

WHEREAS, it is in the best interest of the County of Morris to

exercise the option to extend the contract for additional one year

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Be renewed for additional one year periods.


to execute said agreement conditioned upon the contractor’s

compliance with the requirements set forth in paragraph 6 below.

2 The Treasurer is hereby authorized to issue a Certificate ofAvailability of Funds charging the appropriate 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).

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

Funds shall be issued for the remaining balance subject to the

appropriation of sufficient funds.

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

law.


6. This contract was awarded pursuant to a fair and open process in

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

--

(10)

WHEREAS, on December 8, 2010 by Resolution #36 a contract relative

to Toxicological Testing Services from forensic laboratories qualified to

provide legally defensible forensic toxicology analysis on death

investigation cases to the Morris County Medical Examiner’s Office in New

Jersey was awarded to NMS Labs, and

WHEREAS, the specifications provided an option for renewal for one

year and,

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

option, now therefore,

BE IT RESOLVED that said contract with NMS Labs, be renewed as

follows:

NMS Labs

3701 Welsh Road

Willow Grove, PA 19090

Amount: $40,000.00

Account #: 01-201-25-254100-084

Term: January 1, 2012 through December 31, 2012

Dept: Law Enforcement & Public Safety

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

Availability of Funds charging the appropriate 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).

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.

3. The Purchasing Agent is hereby authorized to execute said contract.


4. The resolution shall take effect immediately.

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

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

Director of the Human Services in signing and executing the aforesaid

agreement, a copy of which is on file in the Office of the Department of

Human Services and made a part hereof by reference, 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.

--

(12)

WHEREAS, the County Treasurer has been advised that the following

check has been damaged and will be voided;

THEREFORE, BE IT RESOLVED, that the County Treasurer is hereby

authorized to reissue the same.

CHECK# DATE AMOUNT PAYEE ACCOUNT BANK

337068 07/13/11 $67.90 Michael Rogers Centralized Bank of America

Disbursement

--

(13)


check has been lost and payment has been stopped on same,

THEREFORE BE IT RESOLVED, that the County Treasurer is hereby

authorized to reissue the same.


337585 07/27/11 $7,362.00 El Primer Paso Centralized Bank of America

Disbursement

--

(14)


check is no longer needed and will be voided;

THEREFORE, BE IT RESOLVED that the County Treasurer is hereby

authorized to redeposit the following check.


339772 09/14/11 $425.00 New York Centralized Bank of America

Microscopical Disbursement

Society, Inc.

--

(15)


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

Treasurer is hereby authorized to reclassify the following payments as

follows:

CHECK# DATE PAYEE AMOUNT FROM To

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(partial)

330523 01/26/11 Allied Oil $ 521.66 02-213-41-786010-392 02-213-41-786115-392

(partial)

330523 01/26/11 Allied Oil $ 521.66 02-213-41-786010-392 02-213-41-786115-394

(partial)

331917 02/23/11 Allied Oil $ 625.76 02-213-41-786105-392 02-213-41-786115-391

(partial)

331917 02/23/11 Allied Oil $ 312.89 02-213-41-786105-392 02-213-41-786115-392

(partial)

331917 02/23/11 Allied Oil $ 312.89 02-213-41-786105-392 02-213-41-786115-394

(partial)

333440 03/29/11 Allied Oil $1,060.18 02-213-41-786105-392 02-213-41-786115-391

(partial)

333440 03/29/11 Allied Oil $ 530.09 02-213-41-786105-392 02-213-41-786115-392

(partial)

333440 03/29/11 Allied Oil $ 530.09 02-213-41-786105-392 02-213-41-786115-394

(partial)

334088 04/27/11 Allied Oil $1,359.92 02-213-41-786105-392 02-213-41-786115-391

(partial)

334088 04/27/11 Allied Oil $ 679.96 02-213-41-786105-392 02-213-41-786115-392

(partial)

334088 04/27/11 Allied Oil $ 669.96 02-213-41-786105-392 02-213-41-786115-394

(partial)

335142 05/25/11 Allied Oil $ 138.25 02-213-41-786105-392 02-213-41-786115-391

(partial)

335142 05/25/11 Allied Oil $ 69.13 02-213-41-786105-392 02-213-41-786115-392

(partial)

335142 05/25/11 Allied Oil $ 69.13 02-213-41-786105-392 02-213-41-786115-394

(partial)

336135 06/22/11 Allied Oil $1,187.13 02-213-41-786105-392 02-213-41-786115-391

(partial)

336135 06/22/11 Allied Oil $ 593.57 02-213-41-786105-392 02-213-41-786115-392

(partial)

336135 06/22/11 Allied Oil $ 593.57 02-213-41-786105-392 02-213-41-786115-394

(partial)

337350 07/27/11 Allied Oil $1,162.88 02-213-41-786105-392 02-213-41-786115-391

(partial)

337350 07/27/11 Allied Oil $ 581.45 02-213-41-786105-392 02-213-41-786115-392

(partial)

337350 07/27/11 Allied Oil $ 581.45 02-213-41-786105-392 02-213-41-786115-394

(partial)

--

(16)


Payroll checks are stale dated, and payment has been stopped on the same,

THEREFORE BE IT RESOLVED that the County Treasurer is hereby

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212878 11/12/10 60.00 Jason Campbell M.C. Payroll TD

213028 11/12/10 119.61 Eileen Specchio M.C. Payroll TD




215916 01/21/11 62.47 Rebecca Kieb M.C. Payroll TD

218074 03/04/11 192.59 Stephen Hetzog M.C. Payroll TD218994 04/01/11 3,191.94 Joan Bramhall M.C. Payroll TD

220988 05/13/11 181.44 Christine Kelly M.C. Payroll TD

221266 05/27/11 226.27 Garie Caprino M.C. Payroll TD

222143 06/10/11 96.53 Kenneth McConnell M.C. Payroll TD

222522 06/24/11 264.72 Cecilia Ghanbari M.C. Payroll TD

222836 06/24/11 401.43 Deborah Dray M.C. Payroll TD

--

(17)

BE IT HEREBY RESOLVED, that the following Capital Improvement

Balance be, and is hereby cancelled:

ACCOUNT# ACCOUNT DESCRIPTION AMOUNT

953115 Replacement of Co Bridge No. 1400-900 $745,093.65

on Green Pond Rd. over Hibernia Brook

in the Twp. Of Rockaway

BE IT FURTHER RESOLVED, that Resolution #2, adopted at the

Freeholder Meeting of September 14, 2011 is hereby rescinded.

--

(18)

WHEREAS, the County of Morris has a PCARD program with Bank of

America and

WHEREAS, transactions were processed through the program during the

month of September 2011, as per the attached documentation.

NOW, THEREFORE BE IT RESOLVED that the authorization is hereby given

to the Treasurers office to process payment to Bank of America by the due

date of 10/25/11 in the total amount of $66.75.

--

(19)

In accordance with the authorization to pay per Chapter 127 P.L.

1985, the following check has been issued by the County Treasurer:

DATE CHECK NO. PAYEE ACCOUNT AMOUNT

09/19/11 339966 Pamela S Poff Esq. Centralized $1,200.00

Disbursement

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

--

(20)

WHEREAS, the original amount placed on deposit by Klein Florham

Park, LLC (“Klein”) for Road Opening Permit #10-07 was $29,202.92 and

WHEREAS, Klein has requested $23,362.34, which is 80%, be returnedto them and $5,840.58 which is 20% be retained for a three (3) years as

maintenance:

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--

(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 Contract

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

Atlantic Tactical of NJ Inc Prosecutor’s Office

14 Worlds Fair Drive 01-203-25-275100-118

Somerset NJ 08873 Amount: $8,301.90

NJSC#A73994

Tilcon New York Inc. Road Division

P O Box 517 01-201-26-290100-244

Wharton NJ 07885 Amount: $9,893.48

Co-op#9

Kyocera /Mita America Inc. MC Correctional

Electronic Systems Inc. 01-201-25-280100-164

Fairfield NJ 07004-0008 Amount: $11,771.10

NJSC#A53090

Gen-El Safety & Industrial MC Law & Public

961 Route 10 East Suite 2M 13-290-56-578901-888

Randolph NJ 07869 Amount: $9,488.10

Co-op#40

Route 23 Auto Mall LLC Motor Service Center

1301 Route 23 01-201-26-315100-291Butler NJ 07405-1797 Amount: $3,310.09

NJSC#A79167

Emerald Professional Morris View Healthcare

285 Pierce St 01-201-27-350125-182

Somerset NJ 08873 Amount: $16,974.65

HGP1111

Trane Morris View Healthcare

4 Wood Hollow Rd 04-216-55-955201-951

Parsippany NJ 07054 Amount: $16,578.88

NJSC#A60315


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

Wharton NJ 07885 Amount: $4,695.41

Co-op#5

Dell Marketing LP Sheriff’s Office

One Dell Way 04-216-55-962182-955

Round Rock TX 78682 Amount: $7,514.46

NJSC#A70256


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

Wharton NJ 07885 Amount: $2,047.47Co-op#5

Kyocera /Mita America Inc Sheriff’s Office

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authorized to sign and execute Modification #1 to Subgrant Agreement

#SCVOTE-12Y-WIA, on behalf of the Morris/Sussex/Warren Employment &

Training Services, between the County of Morris and Sussex CountyTechnical School which increases the contract amount from $36,872 to

$41,751.

2. The Treasurer is hereby authorized to issue an Amendment to

Certificate of Availability of Funds #40204 increasing it by

$4,879.00 and charging Account No. 02-213-41-742020-391 for the

aforesaid increase.

--

(23)

WHEREAS, Lightower Fiber Long Island, L.L.C., d/b/a/ Lightower Fiber

Networks (“Lightower”), a Delaware limited liability company and public

utility and telecommunications center, whose address is 1377 Motor

Parkway, Suite 206, Islandia, New York 11749, is authorized to provide

local exchange and inter-exchange telecommunication services through the

State of New Jersey pursuant to an Order and Approval issued by the New

Jersey Board of Public Utilities (“NJBPU”) in Docket No. TE04020089 dated

September 14, 2004; and

WHEREAS, Lightower has requested the consent of the County of Morris

(“County”) permission to occupy public rights of way within the County for

the purpose of constructing, installing, operating, repairing and

maintaining a telecommunications system; and

WHEREAS, it is deemed to be in the interest of the County and itscitizenry, particularly including the commercial and industrial citizens

for the County to grant municipal consent to Lightower to use the public

rights-of-way within the County for this purpose; and

WHEREAS, the granting of such consent is and shall be conditioned

upon the continued compliance by Lightower with all existing and future

regulations and requirements of the County and its entering into the

attached written agreement with the County to, inter alia, indemnify and

hold the County harmless as to all claims and liability resulting from any

injury or damage which may arise from the construction, installation,

operation, repair, maintenance, disconnect, replacement and removal of its

telecommunications system within certain public rights-of-way and provide

liability insurance coverage for personal injury and property damage.

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

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

1. That non-exclusive consent is hereby granted to Lightower to use the

public right-of-way within the County for the purpose of

construction, installation, operation, repair, maintenance and

replacement of a telecommunications system.

2. The within granted permission is conditioned upon Lightower entering

into the attached Agreement with the County and providing the

required liability and property damage insurance coverage.

3. The Freeholder Director and the Clerk of the Board of ChosenFreeholders of the County of Morris be and they are hereby

authorized to execute and attest, respectively, the Agreement, a

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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 of revenue in the budget or 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 approved 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 Freeholders

hereby 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 Transportation

Amount: $2,332,330.00

Appropriation Title: Middle Valley Road Bridge STP-C00S (210)

Amount: $2,332,330.00

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.

--

(25)



1. That the County of Morris hereby awards a grant of $174,402 from the

FY 2011 Open Space and Farmland Preservation Trust Fund to Riverdale

Borough for a project entitled Glenburn House-Phase 2b

Rehabilitation.


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 form 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.

--

(26)BE IT RESOLVED, by the Board of Chosen Freeholders of the County of


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



--

(27)WHEREAS, the Mental Health Substance Abuse Advisory Board has

recommended the following agencies for Chapter 51 funding for the Year

2012:

Amount Agency

$60,000 ALFRE, Mrs. Wilson’s Halfway House for Women

$77,564 AHS Hospital Corporation – Morristown Memorial – Center

For Addictive Illnesses (CAI)

$49,222 AHS Hospital Corporation – Morristown Memorial – Co-

occurring Disorders Intensive Outpatient Program

$28,187 CURA, Inc. – Inpatient Billingual

$44,520 Daytop, NJ – Adolescent Services

$52,209 Freedom House – Halfway House for Men

$51,287 Hope House – Adolescent Services

$45,994 NewBridge Services – Substance Abuse Alternative

$99,627 New Hope Foundation – Adult Inpatient

$33,030 Turning Point – Adult Inpatient Services

$20,802 Family Service of Morris County – “Now You Know”

$16,600 Family Service of Morris County – First Step, Alcohol &

Drug Outreach/Case Management

$60,000 St. Clare’s Hospital – Detoxification Services

$25,500 Turning Point- Detoxification Services

$19,150 New Hope Foundation - Detoxification Services

$12,689 New Hope Foundation - Halfway House for Men

$43,667 New Hope Foundation - Adolescent Residential Program

$39,443 NewBridge Services – Co-occurring Disorders Intensive

Outpatient Program

$779,491 TOTAL


the County of Morris in the State of New Jersey that these recommendations

are approved and adopted.

--

(28)

With respect to recent bidding for Milling and Resurfacing of East

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1. The Director is authorized to execute and the Clerk shall attest and

affix the seal to the contract as presented by County Counsel.



3 This resolution shall take effect immediately.

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

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

--

(29)

With respect to recent bidding for Milling and Resurfacing of Green

Pond Road and Village Road in the Township of Harding and Township of

Chatham, and Milling and Resurfacing of Sussex Turnpike in the Township of

Morris, Morris County in New Jersey, each contract is hereby awarded to the

lowest, most responsible bidder as follows:

Tilcon New York, Inc.

625 Mt. Hope Road

Wharton, New Jersey 07885

VENDOR ID: 122

Green Village Road and Village Road

Budgets: 04-216-55-953165-951 $ 18,000.00

02-213-41-864185-391 $350,801.97

Amount: $368,801.97

Sussex Turnpike

Budget: 04-216-55-953165-951

Amount: $434,740.55

Term: Shall be completed by December 1, 2011

Dept: Engineering


affix the seal to the contract as presented by County Counsel.

2. The Director is hereby authorized to issue a Certificate of





--

(30)

With respect to recent bidding for Guiderail Installations

throughout Morris County, New Jersey a contract is hereby awarded to the


Road Safety Systems, LLC

1 Linda Lane, Suite D

Vincentown, NJ 08088

VENDOR ID: 21788

Budgets: 04-216-55-953114-951 $ 91,505.6004-216-55-953165-951 $222,476.40

Total Amount: $313,982.00

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--

(31)

BE IT RESOLVED as follows:

With respect to recent bidding for the Boiler Plant Replacement at

the Morris County Courthouse, a contract is hereby awarded to the


DeSesa Engineering Company, Inc.

83 Dorsa Avenue

Livingston, New Jersey 07039

Vendor#: 12003

Total Amount: $238,700.00

Line Item#: 02-213-41-864905-391

Using Agency: Engineering

Terms: Completion within 60 Calendar days from notification of award

of contract.



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


3. The contract is awarded pursuant to a fair and open process in



--

(32)

With respect to recent bidding for the Traffic Signal Improvements

on Ridgedale Avenue (CR632) and Eagle Rock Avenue (CR611) in the

Township of East Hanover, Morris County, New Jersey, a contract is hereby

awarded to the lowest most responsible bidder as follows:

Tiffany Electric, Inc.

3 Edison Place

Fairfield, New Jersey 07004

VENDOR ID: 10477

Term: Shall be completed by February 22, 2012

Amount: $218,775.62

Account#: 04-216-55-953165-951

Dept: Engineering


affix the seal to the contract as prepared by County Counsel.






--

(33)

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



--

(34)BE IT RESOLVED, by the Board of Chosen Freeholders of the County of



to sign and execute a Shared Services Agreement for Local Health

Officer Services, provided by the County’s Department of Law and

Public Safety, to the Township of Denville for the period October

17, 2011 thru December 31, 2016, a copy of which is on file in the

Office of the Department of Law and Public Safety and made a part

hereof by reference.

2. The Township of Denville shall reimburse the Court for this service

each year in accordance with the terms of the agreement as follows:

2011 $21,270.00 prorated from the execution date of this agreement

2012 $21,721.00

2013 $21,747.00

2014 $21,772.00

2015 $21,798.00

2016 $21,823.00

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

accept the aforesaid payments, crediting the appropriate account.

--

(35)

WHEREAS, there exists a need for pathology services for the inmates

of the Morris County Correctional Facility while being treated at Atlantic

Health Systems/Morristown Memorial Hospital; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.)

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;



1. The Agreement between the County of Morris and Morristown Pathology

Association, which is on file in the Office of the County

Administrator and 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 to sign

and execute this agreement.

3. This contract is awarded without competitive bidding as a

“professional service” under the provisions of the Local Public

Contracts Law because it is for services to be rendered by a person

or persons whose practice is regulated by law.

4. All charges for services will be calculated at a 20% discount on itsreasonable and customary fees and charged to the appropriate Account

#01-201-25-280100-189.

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core services/service agreements to maintain and expand youth services in

the Year 2012; and,

WHEREAS, the Board of Chosen Freeholders has submitted the 2012

contract application to the New Jersey Juvenile Justice commission for the

aforementioned funds; and,

WHEREAS, the Youth Services Advisory Committee has recommended the

following agencies for State/Community Partnership Grant and Core Services

funding for the Year 2012:

Amount Agency

$35,000 Arts Council of the Morris Area, Telling Our Stories

$ 8,750 Big Brothers Big Sister of Morris County, School Based Mentoring

$ 8,459 Collinsville Child Care Center/Collinsville Teen/Tot Learning

Project

$ 4,000 Jersey Battered Women’s Services, Inc., Choices

$ 6,750 Morris County Prevention id Key, Touch Choices Beyond Anger

Management

$ 9,600 Morris County Prevention is Key, Pathways to Independence Life

Skills/Mentoring

$10,200 Morristown Neighborhood House, K.O. Boxing Program

$29,128 Morristown Neighborhood House, Rites of Passage

$15,442 Morristown Neighborhood House, Social and Educational Program

$38,400 Newbridge Services, Inc., Summer Employment for Youth

$77,917 The Educational Center, ESCUCHA Youth Mentorship Program

$20,000 Juvenile Review Committee, Core Services

Service NewBridge Services, Inc., Project 70,001 Jobs PLUS

Agreement

Service New Hope Foundation, Inc., Adolescent Juvenile Justice

Agreement

Service The Educational Center, Career Way Mentorship Program

AgreementService Vantage Health System, Touchstone Hall

Agreement

$263,646 TOTAL

WHEREAS, the Youth Services Advisory committee has recommended

the following agencies for Family Court funding for the Year 2012;

Amount Agency

$188,728 Family Intervention Services, Inc., Family Crisis Intervention

Unit

$188,728 TOTAL

WHEREAS, the Youth Services Advisory Committee has recommended the

following agencies for Juvenile Accountability Block Grant Funding for the

Year 2012:

Amount Agency

$16,967 Morris County Juvenile Detention Center, Juvenile Supervision

$ 5,000 Twp. Of Parsippany - Troy Hills Police Department, Juvenile

Accountability Leadership Program

$21,967 TOTAL

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

the County of Morris in the State of New Jersey, that these

recommendations are approved and adopted.

--

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Joseph L. Ricca, Jr., Ed.D. 10/31/15

5 Center Avenue, Unit 8

Morristown, New Jersey 07960

Cynthia E. Samuel, RN, MS 10/31/13

48 Lord Stirling Drive (unexpired term of A. Gordon)Parsippany, New Jersey 07054

Joseph S. Weisberg, Ed.D. 10/31/15

4 Camelot Way

Parsippany, New Jersey 07054

--

(38)

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

Morris in the State of New Jersey that the following individual is hereby

appointed to the Morris County Housing Authority, to serve without salary:

NAME TERM

Richard Tappen 10/10/16

89 Gaston Road

Morristown, NJ 07960

--

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

38. This was seconded by Freeholder Nordstrom. The Clerk called and

recorded the following vote:

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

Nordstrom and Freeholder Director William Chegwidden(7)

--

BILL RESOLUTION

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

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

legally required, be and the same are hereby authorized to be paid. The

Schedule of Warrants designated as Bill Resolution #19-11 is detailed below

and totals $4,014,716.32 dated this date and made a part hereof by reference.

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

recorded:

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

Nordstrom and Freeholder Director Chegwidden (7)

--

ADJOURNMENT

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

seconded by Freeholder Cabana, the meeting was adjourned at 7:37 p.m.

Respectfully submitted,

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FH Minutes - 2011-10-12

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