FH Minutes - 2012-06-13

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BOARD OF CHOSEN FREEHOLDERS – JUNE 13, 2012

A regular meeting of The Board of Chosen Freeholders of the County ofMorris, State of New Jersey, was held on June 13, 2012, in the FreeholderPublic Meeting Room, Administration & Records Building, Morristown, NewJersey. The meeting began at 7:30 p.m.

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

this regular meeting held the 13th day of June, 2012 has been providedthrough resolution adopted by this Board at its Regular Meeting held at theAdministration and Records Building on June 13 2012, to the Star Ledger, theDaily Record, and the Record through posting on the County website and byfiling a copy of same with the Morris County Clerk and the Clerk of thisBoard.

ROLL CALL

PRESENT: Freeholders Douglas Cabana, John Cesaro, Ann Grossi, HankLyon, Thomas Mastrangelo, John Murphy and DirectorWilliam Chegwidden (7)

ALSO PRESENT: County Counsel Dan O’Mullan, Assistant County Counsel Randy Bush,Administrator John Bonanni, Assistant County AdministratorMary 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 asalute to the flag.

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GIRL SCOUNT GOLD AWARD RECOGNITION

Christina Stellingwerf, Troop 1797, Roxbury--

MINUTES FOR APPROVAL

All Meeting Minutes from May 9, and May 23, 2012.

On motion by Freeholder Murphy and seconded by Freeholder Grossi themeeting minutes were approved.

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COMMUNICATIONS

1. The Lincoln Park Renaissance Rehab & Nursing Center is asking permissionto hang a banner over Route 202 (Main Street/Boonton Turnpike) from June20 to July 9 to announce the July 4 fireworks and carnival entertainment.

2. The Township of Mendham on behalf of the Brookside Community ClubParade Committee is asking permission to hang a banner across Route 510to announce the Fourth of July parade.

3. The Rockaway Borough Police Department is asking permission to closetemporarily portions of County Route 513/644 (East/West Main Street)for the Rockaway Rotary/Pam Miller Scholarship 5K Run on SaturdayJuly 7 at 10:00 a.m.

4. The Chester Long Valley Rotary Club is asking permission to hang a

banner across Main Street (County Route 513) from June 14 throughOctober 7 to advertise the Chester Farmers Market.

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

ordinance entitled, ‘CAPIAL SURPLUS ORDINANCE APPROPRIATING $76,000 FORVEHICLE REPLACEMENT AND RADIO UPGRADE FOR THE NUTRITIONAL PROGRAM IN THEDEPARTMENT OF HUMAN SERVICES.’”

Freeholder Cabana stated: “I second the motion.”

The Clerk called and recorded the following vote:

YES: Freeholders Cabana, Cesaro, Grossi, Lyon, Mastrangelo, Murphy,and Director Chegwidden (7)

Freeholder Grossi moved that the Clerk be authorized to publish the

Ordinance in summary form in the local newspaper together with the noticeof public hearing and consideration of final passage of this Ordinancewhich will take place at the Freeholder meeting to be held in the Boroughof Riverdale Municipal Building, 91 Newark-Pompton Turnpike, Riverdale,New Jersey, on June 27 at 7:30 p.m.

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

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(2)

Director Chegwidden stated: “We will now consider the introductionby title an ordinance.”

Freeholder Grossi stated: “I would like to introduce by title anordinance entitled, ‘BOND ORDINANCE OF THE COUNTY OF MORRIS, NEW JERSEY,APPROPRIATING $125,000 AND AUTHORIZING THE ISSUANCE OF $119,000 BONDS ORNOTES OF THE COUNTY FOR IMPROVEMENTS AT VARIOUS COUNTY FACILITIES, BY AND

FOR THE COUNTY OF MORRIS, NEW JERSEY.’”

Freeholder Cabana stated: “I second the motion.”



Freeholder Grossi moved that the Clerk be authorized to publish the

Ordinance in summary form in the local newspaper together with the noticeof public hearing and consideration of final passage of this Ordinancewhich will take place at the Freeholder meeting to be held in the Boroughof Riverdale Municipal Building, 91 Newark-Pompton Turnpike Riverdale, NewJersey, on June 27 at 7:30 p.m.

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

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SECOND READING/ADOPTION(1)

Director Chegwidden stated: “We will now consider for finaladoption the ordinance entitled ‘CAPITAL SURPLUS ORDINANCE APPROPRIATING$50,000 FOR PLUMBING FIXTURE REPLACEMENTS AT VARIOUS COUNTY BUILDINGS.’”

Clerk Ketchum read the following ordinance:

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appropriation for said purposes are in the best interest of the County ofMorris.

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

Director Chegwidden stated: “The Public Hearing is now open.” Therewere no public comments, and the Director declared the Public Hearingclosed.

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



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

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(2)Director Chegwidden stated: “We will now consider for final

adoption the ordinance entitled ‘CAPITAL IMPROVEMENT FUND ORDINANCEAPPROPRIATING $50,000 FOR THE REPLACEMENT OF MOTORS, FANS, AND PUMPS ATVARIOUS LOCATIONS.’”


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

Section 1. The purposes described in Section 2 of this CapitalImprovement Fund Ordinance are hereby authorized to be made by the County ofMorris, New Jersey. There is hereby appropriated from the CapitalImprovement Fund the sum of $50,000 for the hereinafter designated purposes.

Section 2. The purposes authorized herein are for the replacement ofmotors, fans and pumps at various locations.

Section 3. It is the opinion of this Board of Chosen Freeholders thatthe appropriation from the Capital Improvement Fund and the use of theappropriation for said purposes are in the best interest of the County ofMorris.

Section 4. This Capital Improvement Fund Ordinance shall take effectupon final passage in publication in accordance with the law.

Director Chegwidden stated: “The Public Hearing is now open.” Therewere no public comments, and the Director declared the Public Hearingclosed.



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Director Chegwidden stated: “We will now consider for finaladoption the ordinance entitled ‘BOND ORDINANCE OF THE COUNTY OF MORRIS,NEW JERSEY, APPROPRIATING $100,000 AND AUTHORIZING THE ISSUANCE OF $95,000BONDS OR NOTES OF THE COUNTY FOR CAPITAL PROJECTS AT VARIOUS COUNTYFACILITIES, BY AND FOR THE COUNTY OF MORRIS, NEW JERSEY.’”


BE IT ORDAINED BY THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OFMORRIS, NEW JERSEY (not less than two-thirds of all the members thereofaffirmatively concurring), AS FOLLOWS:

Section 1. The improvements described in Section 3 of this bondordinance are hereby respectively authorized as improvements to be made oracquired by the County of Morris, New Jersey (the “County”). For the saidimprovements or purposes stated in said Section 3, there is herebyappropriated the sum of $100,000, said sum being inclusive of allappropriations heretofore made therefor and including the sum of $5,000 asthe down payment for said improvements or purposes required by law or moreparticularly described in said Section 3 and now available therefore byvirtue of provision in the previously adopted budget or budgets of the Countyfor down payments or for capital improvement purposes.

Section 2. For the financing of said improvements or purposes and tomeet the part of said $100,000 appropriation not provided for by applicationhereunder of said down payment, negotiable bonds of the County are herebyauthorized to be issued in the principal amount of $95,000 pursuant to theLocal Bond Law of New Jersey. In anticipation of the issuance of said bondsand to temporarily finance said improvements or purposes, negotiable notes ofthe County in the principal amount not exceeding $95,000 are herebyauthorized to be issued pursuant to and within the limitations prescribed bysaid Law.

Section 3. (a) The improvements hereby authorized and the purposesfor the financing of which said obligations are to be issued are for theCounty for the restoration of brick and masonry facades and the replacementof concrete sidewalks and curbs at various County facilities, including workand materials necessary therefor and incidental thereto (all as shown on andin accordance with the plans and specifications therefor on file in theoffice of the Clerk of the Board of Chosen Freeholders and hereby approved).

(b) The estimated maximum amount of bonds or notes to be issued forsaid purposes is $95,000.

(c) The estimated cost of said purposes is $100,000 which amountrepresents the initial appropriation made by the County. The excess of theappropriation of $100,000 over the estimated maximum amount of bonds or notesto be issued therefor being the amount of said $5,000 down payment for saidpurposes.

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

(a) The said purposes described in Section 3 of this bond ordinanceare not current expenses and are each a property or improvement which theCounty may lawfully acquire or make as general improvements, and no part ofthe cost thereof has been or shall be specially benefited thereby.

(b) The period of usefulness of said purposes within the limitationsof said Local Bond Law and according to the reasonable life thereof computed

from the date of said bonds authorized by this bond ordinance, is 10 years.

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

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

contributions-in-aid of financing the improvements or purposes described inSection 3 of this ordinance shall be used for financing said improvements orpurposes by application thereof either to direct payment of the cost of saidimprovements or purposes, or to payment or reduction of the authorization of

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 notrequired for direct payment of the cost of said improvements or purposesshall, be held and applied by the County as funds applicable only to thepayment of obligations of the County authorized by this bond ordinance.

Section 6. The full faith and credit of the County are hereby pledgedto the punctual payment of the principal of and interest on the saidobligations authorized by this bond ordinance. Said obligations shall bedirect, unlimited obligations of the County, and the County shall beobligated to levy ad valorem taxes upon on all of the taxable property withinthe County for the payment of said obligations and interest thereon withoutlimitation of rate or amount.

Section 7. The capital budget of the County of Morris is herebyamended to conform with the provisions of this ordinance to the extent of anyinconsistency herewith. The resolution in the form promulgated by the LocalFinance Board showing full detail of the amended capital budget and capitalprogram as approved by the Director of the Division of Local GovernmentServices is on file with the Clerk of the Board of Chosen Freeholders of theCounty of Morris and is available there for public inspection.

Section 8. The County reasonably expects to finance the cost of theimprovements described in Section 3 of this bond ordinance with the proceedsof its debt, including its bonds or notes. If the County pays such costsprior to the issuance of its debt, including bonds or notes, the Countyreasonably 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 theimprovements described in Section 3 of this bond ordinance, including amountsto be used to reimburse the County for expenditures with respect to suchcosts which are paid prior to the issuance of its debt, including bonds ornotes, is $95,000.

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

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

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




Freeholder Grossi moved that the Clerk be authorized to publish theOrdinance in summary form and notification of its passage in the local

newspaper in accordance with the law. Freeholder Cabana seconded themotion, which passed with seven YES votes.

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required for direct payment of the cost of said improvements or purposesshall, be held and applied by the County as funds applicable only to thepayment of obligations of the County authorized by this bond ordinance.

Section 6. The full faith and credit of the County are hereby pledgedto the punctual payment of the principal of and interest on the said

obligations authorized by this bond ordinance. Said obligations shall bedirect, unlimited obligations of the County, and the County shall beobligated to levy ad valorem taxes upon on all of the taxable property withinthe County for the payment of said obligations and interest thereon withoutlimitation of rate or amount.

Section 7. The capital budget of the County of Morris is herebyamended to conform with the provisions of this ordinance to the extent of anyinconsistency herewith. The resolution in the form promulgated by the LocalFinance Board showing full detail of the amended capital budget and capitalprogram as approved by the Director of the Division of Local GovernmentServices is on file with the Clerk of the Board of Chosen Freeholders of theCounty of Morris and is available there for public inspection.

Section 8. The County reasonably expects to finance the cost of theimprovements described in Section 3 of this bond ordinance with the proceedsof its debt, including its bonds or notes. If the County pays such costsprior to the issuance of its debt, including bonds or notes, the Countyreasonably expects to reimburse such expenditures with the proceeds of itsdebt, including bonds or notes. The maximum principal amount of its debt,including bonds or notes, to be issued to finance the cost of theimprovements described in Section 3 of this bond ordinance, including amountsto be used to reimburse the County for expenditures with respect to suchcosts which are paid prior to the issuance of its debt, including bonds ornotes, is $476,000.

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

after the first publication thereof after final adoption, as provided by saidLocal Bond Law.






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

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(5)

Director Chegwidden stated: “We will now consider for finaladoption the ordinance entitled ‘BOND ORDINANCE OF THE COUNTY OF MORRIS,NEW JERSEY, APPROPRIATING $1,300,000 AND AUTHORIZING THE ISSUANCE OF

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of 1946, as amended, were submitted to and approved by the voters of MorrisCounty at the general election held therein in November, 1989; and

WHEREAS, the provisions of an Act of the Legislature of the Stateentitled: “A Supplementing to ‘An Act concerning County Parks, Playgroundsand Recreation Places and Supplementing Chapter 37 of Title 40 of the Revised

Statues,’ approved May 3, 1946 (P.L. 1946, c.276),” constituting Chapter 121of the Pamphlet Laws of 1978 were submitted to and approved by the voters ofMorris County at the general election held therein in November, 1989; and

WHEREAS, these Acts, as the same may have heretofore been amended(herein collectively called the “Park Acts”), are operative in Morris County;and

WHEREAS, the Parks Acts authorized the Board of Chosen Freeholders ofMorris County to provide for the issuance of bonds or other obligations ofMorris County, in principal amount not to exceed $25,000,000 outstanding atany one time plus the amount of any funds on hand applicable to the paymentof the principal of such bonds or obligations, to provide funds foracquisition and improvement of park lands by the Morris County ParkCommission; and

WHEREAS, pursuant to the Park Acts, the total amount of bonds or otherobligations of Morris County heretofore issued or authorized to provide fundsfor land acquisition and improvements by the Morris County Park Commissionand not previously retired is $12,862,205.87; and

WHEREAS, the Morris County Park Commission by its resolution heretoforeadopted on May 21, 2012, has requested County funds for the improvement ofpark lands as hereinafter more specifically described, which amount will besufficient to provide for the cost of the improvements; and

WHEREAS, no bonds or notes have heretofore been authorized or issued or

funds appropriated in accordance with the aforesaid resolution, and it is nownecessary that funds be appropriated and bonds of the County be authorizedand issued, if necessary, in order to finance the purposes described inSection 3 hereof; now, therefore

ORDINANCE

BE IT ORDAINED BY THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OFMORRIS, NEW JERSEY (not less than two-thirds of all the members thereofaffirmatively concurring), AS FOLLOWS:

Section 1. The improvements described in Section 3 of this bondordinance are hereby respectively authorized as improvements to be made oracquired by the County of Morris, New Jersey (the “County”) pursuant to theResolution of the Morris County Park commission adopted May 21, 2012. For thepurpose described in said Section 3, there is hereby appropriated the sum of$1,300,000 said sum being inclusive of all appropriations heretofore madetherefor and including the sum of $62,000 as the down payment for saidimprovements or purposes required by law or more particularly described insaid Section 3 and now available therefore by virtue of provision in thepreviously adopted budget or budgets of the County for down payments or forcapital improvement purposes.

Section 2. For the financing of said improvements or purposes and tomeet the part of said $1,300,000 appropriation not provided for byapplication hereunder of said down payment, negotiable bonds of the County,

each to be known as a “Park Bond,” are hereby authorized to be issued onbehalf of the Morris County Park Commission in the principal amount of$1,238,000 pursuant to the Local Bond Law of New Jersey. In anticipation of

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including bonds or notes, to be issued to finance the cost of theimprovements described in Section 3 of this bond ordinance, including amountsto be used to reimburse the County for expenditures with respect to suchcosts which are paid prior to the issuance of its debt, including bonds ornotes, is $1,238,000.

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






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

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PUBLIC PORTION

Mark Stephenson, representing Employment Horizons of Cedar Knolls andParsippany Township resident, thanked the Freeholder Board for their supportof funding through the years. This funding has helped place over 250people in jobs throughout Morris County.

Joseph Connor, resident of 44 West Hanover Avenue, Morris Plains, saidhe wished to address the Board following the presentation of Morris Townshipconcerning West Hanover Avenue.

Jim Slate, Morris Township Engineer and resident of 248 Glenn AlpinRoad, Harding, said that Morris Township has no control over development inHanover Township and that it is important that Morris County is involved.Mr. Slate would like the traffic study to include the area west of SpeedwellAvenue.

Bruce Sisler, resident of 82 Mill Road, Fairchild section of MorrisTownship, would like to have the traffic study extended to help avoid bottlenecks as well as potential accidents.

Scott Rosenbush, Councilman and resident of Morris Township, would likethe scope of this study extended to Burnham and Stiles to get the completepicture as to traffic issues in the area.

Joseph Connor, resident of Morris Township, said that Hanover Avenue ispart of Morris Township and Morris Plains. He would like to see the wideningof Hanover Avenue turned down.

Mac Holster, resident of Hanover Avenue, said the traffic is so badthat he cannot back out of his driveway and feels that expansion to four

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Carol McKinney, Volunteer Management Center, 280 West Hanover Avenue,

thanked the Freeholder Board for their support of this program. This centerhas helped many residents.

George Moken, resident of Morris Township, supports the traffic study

being extended. He commended the Freeholders for adopting Resolution No. 41,which urges the United States Senate to not support the United Nations Agenda21. Mr. Moken felt the Freeholder Board should be cautious regarding theadoption of Resolution No. 42 which would authorize the Freeholder Board tobecome a member of the Consortium Steering Committee and join the NorthJersey Sustainable Communities Consortium because he felt that more researchabout the organization should be done. Pertaining to shared services, Mr.Moken asked the Freeholder Board to pass a resolution in opposition to theshared services proposed legislation. He felt that these bills would forceshared services by the State of New Jersey and would take over local control.Mr. Moken is very concerned about solar subsidy bills and feels this is notthe time to support a technology that cannot sustain itself.

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Freeholder Murphy presented the following resolutions:(1)

WHEREAS, a contract was awarded on November 12, 2008 for drainageimprovements on Hanover Avenue in the vicinity of Horsehill Road; and,

WHEREAS, it has been determined that it is necessary to decrease saidcontract due to construction close out;

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

Change Order Request” No. 1-3499 is hereby approved as follows:

1. Vendor: Caro Construction Corp.70-76 Passaic AvenueFlorham Park, NJ 07932

2. Item: Construction Close Out

3. Decrease in Cost: $-35,378.83

4. New Contract Total: $284,632.70

5. The necessary amended Certificate of Availability of Funds has beenprovided by the Treasurer and said amended Certificate indicates theavailability of funds is as listed in Account #04-216-55-953098-940 andsaid account shall be credited.

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

7. This resolution shall take effect immediately.

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(2)WHEREAS, the County of Morris wishes to enter into a Shared Services

Agreement with the Township of Washington for Lead hazard Assessment toprovide expert lead hazard assessment services to the Township of Washingtonto assist in instances where elevated blood lead levels are detected; and,

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1. That an Agreement between the County of Morris and the Township of LongHill is on file in the Office of the County Engineer and whichAgreement will be made a part hereof by reference and is herebyapproved and shall be entered into by this Board.

2. That the Freeholder Director and Clerk of the Board of Chosen

Freeholders are hereby authorized to sign said Agreement.

3. The referenced Agreement between the Township of Long Hill and theCounty of Morris is attached herewith and made a part of thisresolution.


5. The County will undertake this work with no cost to Long Hill Township.

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(7)WHEREAS, there exists a need fro Professional Engineering Consultants,

licensed to practice in the State of New Jersey, to provide design andconstruction administration for Asbestos Abatement at the Morris CountyCourthouse. The Morris County Courthouse is located at Washington Street,Morristown, New Jersey; and

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

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

1. The agreements between the County of Morris and

Volker Architect Inc.111 Ford Road NorthDenville, New Jersey 07834Amount: $12,000.00Account: #04-216-55-953266-909Term: Should be completed within one hundred fifty (150) calendar days

after the award.

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

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

3. The Treasurer is hereby authorized to issue a Certificate ofAvailability of Funds in accordance with the aforesaid agreement.

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

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

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(8)WHEREAS, the Morris County Board of Chosen Freeholders has awarded

$72,500 in 2012 Supplemental Municipal Alliance funds to provide substance

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2. The County Treasurer is hereby authorized to issue Certificate ofAvailability of Funds charging account 02-213-41-758210-394, for thefollowing agencies:

Municipality Supplemental Award Vendor Code

Boonton, Town of $2,500 13419Butler, Borough of $2,500 2485Chatham, Borough/Township of $5,000 13777Chester, Borough/Township of $1,850 13793Dover/Victory Gardens $2,500 14394Hanover, Township of $2,500 15082Harding, Township of $2,500 15095Jefferson,Township of $2,500 19271Kinnelon, Borough of $2,500 15607Long Hill, Township of $700 18402Madison, Borough of $2,500 15946Mendham, Borough/Township of $5,000 18099Montville, Township of $2,500 18100Morris Plains, Borough of $2,500 16298Parsippany/Troy Hills $2,500 16890Pequannock, Township of $2,500 18102Rockaway, Township of $2,500 1905Washington, Township of $2,500 18398Countywide PreventionActivities $24,950TOTAL $72,500

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(9)With respect to recent bidding for Milling and Resurfacing of TroyHills Road in the Township of Hanover, and Milling and Resurfacing of

Sussex Turnpike- Section 2, Township of Morris & Town of Morristown,Morris County in New Jersey, each contract is hereby awarded to thelowest, most responsible bidder as follows:

Tilcon New York, Inc.625 Mt. Hope RoadWharton, New Jersey 07885VENDOR ID: 122

Troy Hills Road

Budgets: 02-213-41-864185-391 $456,585.9504-216-55-953165-951 $35,000.00

Amount: $491,585.95

Sussex Turnpike – Section 2Budget: 04-216-55-953165-951Amount: $675,603.15

Term: Shall be completed by August 1, 2012Dept: Engineering

1. The Treasurer is authorized to execute and the Clerk shall attest andaffix the seal to the contract as presented by County Counsel.

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


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(11)With respect to recent bidding for A.D.A. Handicap Ramp Improvements

AMENDED in Various Municipalities, County of Morris, New Jersey, a contract

is hereby awarded to the lowest most responsible bidder as follows:

DM Fernandes LLC90 Willow StreetCarteret, NJ 07008VENDOR ID#: 24394Total Amount: $199,204.50Term: Shall be completed by September 1, 2012Budget: 04-216-55-953165-951Dept: Engineering

1. The Director is authorized to execute and the Clerk shall attest andaffix the seal to the contract as presented by county Counsel.



4. This contract is awarded pursuant to a fair and open process incompliance with N.J.S.A. 19:44A-20.1, et seq.

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(12)

RESOLUTION PROVIDING FOR THE INSERTION OF ANY SPECIAL

ITEM OF REVENUE IN THE BUDGET OF ANY COUNTY OR MUNICIPALITYPURSUANT 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 theDivision of Local Government Services may approve the insertion of anyspecial item of revenue in the budget of any county or municipalitywhen such item shall have been made available by law and the amountthereof was not determined at the time of the adoption of the budget,and

WHEREAS, said Director may also approve the insertion of an itemof appropriation for equal amount,

WHEREAS, the Treasurer certifies that the County of Morris hasrealized or is in receipt of written notification of the state orfederal monies cited in this resolution, which meets all statutoryrequirements and will be included in the 2012 county budget,

NOW, THEREFORE, BE IT RESOLVED, that the Board of ChosenFreeholders hereby requests the Director of the Division of LocalGovernment Services to approve the insertion of an item of revenue andappropriation in the budget of the year 2012 as referenced below:

Revenue Title: New Jersey Dept. of Homeland Security and PreparednessAmount: $955,000.00

Appropriation Title: Urban Areas Security Initiative Amount: $955,000.00

Local Match – Source:________________________________ Amount: $___________

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

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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 AMOUNT05/22/12 349383 Commissioner of Labor 01-201-27-350100-046 $ 500.00

& Workforce Development

06/01/12 349897 MC Tourism Bureau 01-201-20-110100-079 $46,500.00

06/05/12 349898 Morristown Post Office 02-213-41-742010-391 $ 500.00

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

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

Morris in the State of New Jersey that the Director of Finance & CountyTreasurer is hereby authorized to reclassify the following payments asfollows:

CHECK # DATE PAYEE AMOUNT FROM TO94061 04/23/08 McCarter & $ 303.50 04-216-55-953107-909 04-216-55-963818-909(partial) English

306460 03/25/09 County of $ 593.13 04-216-55-953107-909 04-216-55-953818-909(partial) Morris

331232 02/09/11 Drinker, $ 300.00 04-216-55-953107-909 04-216-55-953818-909(partial) Biddle & Reath LLP

345267 02/08/12 State $2,700.00 02-213-41-751205-392 02-213-41-792210-393(partial) Shuttle

--(17)

WHEREAS, the County Treasurer has been advised that a tax lien has beenfiled against vendor number 5025 and whereas bills to this vendor have beensubmitted as follows:

DATE AMOUNT ACCOUNT BANK

05/23/12 $370.60 Centralized Bank of AmericaDisbursement

THEREFORE, BE IT RESOLVED by the governing body that the CountyTreasurer be authorized to process the above to the United States Treasury tosatisfy the lien.

AMOUNT PAYEE ACCOUNT BANK

$370.60 United States Centralized Bank of AmericaTreasury Disbursement

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(18)

WHEREAS, the County Treasurer has been advised that the following checkwas submitted incorrectly and has been voided:

CHECK# DATE AMOUNT PAYEE ACCOUNT BANK

349106 05/09/12 $475.00 Morris County Centralized Bank of America

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2. The Treasurer issue a Certificate of Availability of Fundsindicating that funds are available from the Morris Co8nty DedicatedOpen Space Account #13-290-56-580552-888 and process payment to thegrantee as directed by the office of the Department of planning &Development all in accordance with this resolution.

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(28)

BE IT RESOLVED as follows:

With respect to recent bidding for the Operation of the County ownedRailroads (three branches: Dover & Rockaway, Chester Branch, andHigh Bridge Branch), a contract is hereby awarded to the mostresponsible bidder as follows:

Morristown & Erie Railway, Inc.49 Abbett AvenueMorristown, New Jersey 07960

Vendor#: 24439Amount to be paid annually to Morris County: $1,520.00Terms: (Five Years) July 1, 2012 through June 30, 2017Using Department: Planning and Development

1. The Purchasing Agent is hereby authorized to execute said contractsas prepared by County counsel.


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(29)WHEREAS, on October 27 th , 2010 by Resolution #22 a contract for Labor

Rates Concrete Replacement for Buildings & Grounds was awarded to thelowest responsible bidder, Panciello Constructions and,

WHEREAS, the specifications provided an option for renewal for tenmonths and,

WHEREAS, it is in the best interest of the County to exercise saidoption, now therefore;

BE IT RESOVED that said contract with, Panciello Construction berenewed as follows:

Panciello Construction206 S Hillside AvenueSuccasunna, New Jersey 07876Term: January 1 st , 2012 thru November 1 st , 2012Amount: $40,000.00Budget: 04-216-55-953215-951Dept: Buildings & Grounds


1. Upon final adoption of the budget, a Certificate of Availability ofFunds 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

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WHEREAS, on August 10 th, 2011 by Resolution #14 a contract for LaborRates On-Site Electric Motor and Pump Repair, for Buildings & Grounds wasawarded to the lowest responsible bidder Speedwell Electric Motors and,

WHEREAS, the specifications provided an option for renewal for oneyear and;

WHEREAS, it is in the best interest of the County to exercise saidoption, now therefore,

BE IT RESOLVED that said contract with Speedwell Electric Motors berenewed as follows:

Speedwell Electric Motors131 Washington StreetMorristown, NJ 07960Term: June 1 st , 2012 thru May 31 st , 2013Split Account:Budget: 01-201-26-310100-262 $10,000.00

04-216-55-953212-951 $15,000.00Dept: Buildings & Grounds


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

3. The Purchasing Agent is hereby authorized to execute said contractas prepared by County Counsel.


5. This contract is awarded pursuant to a fair and open process incompliance with N.J.S.A. 19:44A-20.1, et seq.

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(33)

1. The County of Morris wishes to purchase goods and services from thefollowing authorized vendors under the State of New Jersey CooperativePurchasing Program 1-NJCP, in accordance with Local Public ContractLaws, N.J.S.A 40A:11-11 and N.J.S.A40A: 11-12.

Tilcon New York Inc. Road Division625 Mt Hope Rd. 01-201-26-290100-222Wharton NJ 07885 Amount: $3,530.43Co-op#5

L-3 Communications Sheriff’s Office90 Fanny Road 01-203-25-270100-258Boonton NJ 07005 Amount: $9,912.50Co-op #41

L-3 Communications Sheriff’s Office90 Fanny Road 04-216-55-954279-956Boonton NJ 07005 Amount: $12,217.60Co-op #41

Schindler Elevator Co. Morris View Healthcare20 Whippany Road 01-201-27-350110-262

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Schindler Elevator Co. Morris View Healthcare20 Whippany Road 04-216-55-955268-951Morristown NJ 07960 Amount: $19,800.00Leading Age

Campbell Foundry Road Division

800 Bergen Street 01-201-26-290100-235Harrison NJ 07029 Amount: $7,611.00Co-op#14

RouteMatch Veteran’s Services1180 West Peach Tree Street 02-213-41-786805-394Atlanta GA 30309 Amount: $20,500.00

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(34)

WHEREAS, Assembly Bill 3018, was signed into law in 1984,authorizing and funding the Senior Citizen and Disabled ResidentTransportation Assistance Program (SCADRTAP) Act through Casino RevenueFunds; and,

WHEREAS, under this law Casino Tax Revenues may be utilized for theprovision of elderly (60+) and disabled transportation; and,

WHEREAS, the County of Morris must submit an application to NJTransit Corporation to obtain funding in amount of $1,110,198 for periodcovering January 1, 2013 to December 31, 2013;

NOW, THEREFORE BE IT RESOLVED BY Morris County Board of ChosenFreeholders:

1. That the Director of the Board of Chosen Freeholders is herebyauthorized to sign the 2013 SCADRTAP Application cover letter.

2. The Morris Area Paratransit System shall forward one (1) originalapplication together with one (1) certified copy of the resolutionto:

NJ TRANSITService Planning and DevelopmentLocal Programs & Minibus SupportOne Penn Plaza East 4 th FloorNewark, NJ 07105-2246; and,

3. BE IT FURTHER RESOLVED, that Theresa A. Davis, Director, MorrisCounty Division on Aging, Disabilities and Veterans is herebyauthorized to execute the necessary contractual agreements on behalfof the County of Morris.

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(35)BE IT RESOLVED as follows:

1. The County of Morris wishes to purchase goods and services from thefollowing authorized vendors under the State of New JerseyCooperative Purchasing Program 1-NJCP, in accordance with Local

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

Intech Corporation Law & Public Safety

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(39)

WHEREAS, a contract was awarded for Emergency Management HomelandSecurity Technical Assistance; and

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

contract due to insufficient time to initiate and complete new tasks within2009 UASI grant period (grant expires 7/31/12);

NOW THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of theCounty of Morris in the State of New Jersey that pursuant to Local PublicContract regulations, contract modification as detailed on “Contract ChangeOrder Request” No. 1-54813 is hereby approved as follows:

1. Vendor: Multi-Vendor

2. Item: Cancel unencumbered balance of contract

3. Decrease in Cost: $-231,146.44

4. New Contract Total: $768,853.56

5. The necessary amended Certificate of Availability of Funds has beenprovided by the Treasurer and said amended Certificate indicates theavailability of funds is as listed in Account #02-213-41-784230-391(2009 UASI Grant) and said account shall be credited.

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


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(40)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 ChosenFreeholders is hereby authorized to sign and execute a Memorandum ofUnderstanding between the County of Morris and the Morris County Chamber ofCommerce relative to the preservation of Picatinny Arsenal, a copy of whichis on file in eh Office of the County Administrator and made a part hereof byreference.

BE IT FURTHER RESOLVED that the Director of Finance and CountyTreasurer is hereby authorized to issue payment of $5,000.00 in accordancewith the terms of the aforesaid Memorandum of Understanding.

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(41)WHEREAS, citizens across the United States and Morris County have

raised concerns that the United Nations Agenda 21 is a comprehensive plan ofextreme environmentalism, social engineering and global political controlindicated at the United Nations Conference on Environment and Development(UNCED) held in Rio de Janeiro, Brazil in 1992; and

WHEREAS, these citizens are concerned that the United Nations Agenda 21is being covertly pushed into local communities throughout the United Statesthrough the International Council of Local Environmental Initiatives (ICLEI);

and

WHEREAS, these citizens are concerned that Agenda 21 attempts to erode

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WHEREAS, these citizens are concerned that according to the United

Nations Agenda 21 policy, national sovereignty is deemed a social injustice;and

WHEREAS, these citizens are concerned that critical issues such as the

environment and green energy, should remain in the preview of the localgovernments of the United States, elected by the people, with a strongknowledge of local concerns and issues, not within the confines of abureaucratic international treaty developed by the United Nations; and

WHEREAS, planning in Morris County is a voluntary, interactive processwith municipalities and other stakeholders that identifies needs and arrivesat agreed upon strategies to promote economic development, protect vitalresources, preserve farmland, improve transportation, protect communitycharacter as well as property values and enhance the quality of life in outCounty; and

WHEREAS, planning in Morris County has taken place since the inceptionof Morris County and is not in any way tied to Agenda 21.

NOW THEREFORE BE IT RESOLVED, by the Board of Chosen Freeholders of theCounty of Morris in the State of New Jersey that the Board recognizes theconcerns of these citizens and urges the U.S. Senate to abandon any potentialconsideration to ratifying any such plan;

BE IT FURTHER RESOLVED, that Morris County will continue to plancomprehensively using an inclusive planning process that involvesmunicipalities, residents and other stakeholders.

BE IT FURTHER RESOLVED, that the federal, state and local governmentsacross the country be well informed of the implementation of United NationsAgenda 21.

BE IT FURTHER RESOLVED, that the Clerk forward certified copies of thisResolution to the President Barack Obama, Governor Christopher Christie andthe New Jersey U.S. Senators and Congressmen.

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(42)WHEREAS, in June 2009 the U.S. Department of Housing and Urban

Development (HUD) joined with the U.S. Department of Transportation, and theEnvironmental Protection Agency to create an Interagency Partnership forSustainable Communities. In the context of the federal partnership, HUDcreated the Sustainable Communities Regional Planning Grant Program in aneffort to support metropolitan and multijurisdictional planning efforts thatintegrate housing, land use, economic and workforce development,transportation, infrastructure plans and to empower jurisdictions to considerthe interdependent challenges of economic growth and revitalization, accessto opportunity, public health, and environmental impact simultaneously; and

WHEREAS, in November 2011 a group consisting of Rutgers University, theNorth Jersey Transportation Authority (NJTPA), NJ TRANSIT, the office forPlanning Advocacy and others received a $5 million grant from the USDepartment of Housing and Urban Development to create the North JerseySustainable Communities Consortium (“Consortium”) which will guide thedevelopment of a Regional Plan for Sustainable Development (“RPSD”) for the13-county NJTPA region; and

WHEREAS, the purpose of this planning effort is to enhance,coordinate, and expand existing planning work being conducted at the local,county, regional, and state level to address economic growth, development,

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Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, ocean,Passaic, Somerset, Sussex, Union and Warren counties; and

WHEREAS, the counties of Bergen, Essex, Hudson, Hunterdon, Middlesex,Monmouth, Morris, Ocean, Passiac, Somerset, Sussex, Union and Warren and thecities of Elizabeth, Newark, New Brunswick, Jersey City and Paterson are

eligible to serve on the Consortium Steering Committee if they elect tobecome a member of the Consortium; and

WHEREAS, local government participation in this effort is critical forits success;

NOW THEREFORE BE IT RESOLVED THAT, the Morris County Board of ChosenFreeholders agrees to:

1. Join the North Jersey Sustainable Communities Consortium and become amember of the Consortium Steering Committee;

2. Authorize signature of the Consortium Memorandum of Understanding; and

3. Work collaboratively with the other members of the Consortium andthe public to: a) create a comprehensive and balanced vision for theregion’s future in which the economy, housing market, transportationand infrastructure systems advance and sustain a high quality oflife for all the region’s residents and ensure the competitiveness ofour businesses and industries without endangering natural resources;and b) develop a plan that makes the region attractive to both public-and private sector investment that encourages residential and businessgrowth in areas that can support growth and choose to do so.

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(43) RESOLUTION APPROVING A FEE ACQUISIITON AND A RIGHT OF ENTRY

AGREEMENT OVER A PORTION OF TAX BLOCK 1104, LOT 1IN THE TOWNSHIP OF MANSFIELD, AND APPROPRIATING THE SUM OF

$440.00 THEREFORE FROM CAPITAL ACCOUNT NUMBER 04-216-55-953225-951

WHEREAS, the Board of Chosen Freeholders of the County of Morris in theState of New Jersey has determined that a fee simple acquisition and Right ofEntry Agreement are necessary for public purposes and that the County mustacquire a portion of the real property described as Tax Block 1104, Lot 1 onthe Tax Map of the Township of Mansfield, commonly known as 610 Newburgh Roadover the Musconetcong River.

NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders ofthe County of Morris in the State of New Jersey that it is necessary,required, desirable, in the public interest and in the best interests of theCounty that it acquire a fee simple interest acquisition and Right of WayAgreement over a portion of the property herein described as Tax Block 1104,Lot 1, in the Township of Mansfield, commonly known as Newburgh Road over theMusconetcong River, and more particularly described in the metes and boundsdescription attached hereto as Exhibit A, and on the map titled “Replacementof Morris County Bridge No. 1401-196, Newburg Road over Musconetcong River,Parcel 2, Mansfield Township, Morris County, New Jersey” attached as ExhibitB, both prepared by Cherry, Weber & Associates, dated June 3, 2011.

SUBJECT, HOWEVER, to easements of the Township of Mansfield and theCounty of Morris and all other public and utility easements, recorded orunrecorded, affecting the herein described premises.

BE IT FURTHER RESOLVED that the appraisal report, with a valuation dateof January 19, 2012, prepared by Izenberg Appraisal, as supplemented by a

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all other County Boards of Chosen Freeholders and that they be asked to joinin opposition to the proposed Commuter Tax.

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(48)

RESOLUTION SUPPORTING FUNDING FORLAKE HOPATCONG AND LAKE MUSCONETCONG

WHEREAS, the Lake Hopatcong Commission (hereinafter “LHC”) was createdpursuant to the “Lake Hopatcong Protection Act” N.J.S.A. 58:4B-1 et seq.; and

WHEREAS, Lake Hopatcong was found under the Lake Hopatcong ProtectionAct to be “…(a) natural resource worthy of special attention, consideration,and protection by all levels of government” [N.J.S.A. 58:4b-21]; and

WHEREAS, the LHC is charged under the Lake Hopatcong Protection Act tocontrol the growth of aquatic weeds within the lake and engage in storm watermanagement activities among other things;

WHEREAS, the Lake Musconetcong Regional Planning Board (hereinafter“LMRPB”) was organized by 1989 by Ordinances from Byram, Netcong, Roxbury andStanhope and by Resolutions from the Counties of Morris and Sussex accordingto Article 10 of the New Jersey Municipal Land Use Law of 1975 Chapter 291N.J.S.A. 40:55D-77 et seq. and is represented by those entities plus arepresentative from the State of New Jersey; and

WHEREAS, Lake Musconetcong and Lake Hopatcong, both State lakes in theState of New Jersey, are greatly impacted by invasive vegetative species,including milfoil and water chestnut; and

WHEREAS, Lake Musconetcong and Lake Hopatcong have been beset for many

years with inadequate and irregular funding for lake management and aquaticvegetation control; and

WHEREAS, healthy and navigable lakes are vital to the importance to theeconomies of Sussex and Morris Counties and, in particular the municipalitiesthat borders these State lakes; and

WHEREAS, these lakes are vital resources for the residents of theregion and of New Jersey.

NOW, THEREFORE BE IT RESOLVED by the Board of Chosen Freeholders of theCounty of Morris that the Legislature of the State of New Jersey isrespectfully urged to give special consideration to S-495, which would, if

enacted, establish the Lake Hopatcong Fund and provide the consistent andadequate funding that is needed for Lake Hopatcong; and

BE IT FURTHER RESOLVED that special consideration also be given tofunding for similar lake maintenance for Lake Musconetcong at a proportionatelevel; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution beforwarded to Governor Chris Christie, State of New Jersey, State House, P.O.Box 001, Trenton, New Jersey 08625; Legislators from Morris and SussexCounties; Freeholder Board of Sussex County, County Administration Center,One Spring Street, Newton, New Jersey 07860; Ms. Lori Harvin, Township Clerk,Township of Jefferson, 1033 Weldon Road, Lake Hopatcong, New Jersey 07849;Ms. Linda DeSantis, Borough Clerk, Borough of Mount Arlington, 419 HowardBoulevard, Mount Arlington, New Jersey 07856; Ms. Amy Rhead, Acting TownshipClerk, Township of Roxbury, 1715 Rt. 46, Ledgewood, New Jersey 07852; Ms.Donna Macalle-Holly, Administrator, Lake Hopatcong Commission, P.O. Box 8515,

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BILL RESOLUTION

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

designated as Bill Resolution #11-12 is detailed below and totals$8,226,526.16 dated this date and made a part hereof by reference.

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

YES: Freeholders Cabana, Cesaro, Grossi, Lyon, Mastrangelo, Murphyand Director Chegwidden (7)

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ADJOURNMENT

There was no further business. On motion by Freeholder Murphy andseconded by Freeholder Cabana, the meeting was adjourned at 8:40 p.m.

Respectfully submitted,

Diane M. KetchumClerk of the Board

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FH Minutes - 2012-06-13

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Transcript of FH Minutes - 2012-06-13