fh minutes - 2011-10-12
TRANSCRIPT
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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.
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ORDINANCES
SECOND READING/ADOPTION
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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
BE IT ORDAINED BY THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF
MORRIS, NEW JERSEY (not less than two-thirds of all the members thereof
affirmatively concurring), AS FOLLOWS:
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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
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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(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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
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.
Director Chegwidden stated: “The Public Hearing is now open.”
There were no public comments, and the Director declared the Public
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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
(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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
(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.
Director Chegwidden stated: “The Public Hearing is now open.”
There were no public comments, and the Director declared the Public
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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
(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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
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
the County of Morris in the State of New Jersey as follows:
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)
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 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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
6. The Director of the Board of Chosen Freeholders is hereby authorized
to execute said contract modification.
7. This resolution shall take effect immediately.
--
(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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
Be renewed for additional one year periods.
1. The Director of the Board of Chosen Freeholders is hereby authorized
to execute said agreement conditioned upon the contractor’s
compliance with the requirements set forth in paragraph 6 below.
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.
5. This resolution shall take effect immediately.
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.
as prepared by County Counsel.
4. The resolution shall take effect immediately.
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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
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)
WHEREAS, the County Treasurer has been advised that the following
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.
CHECK# DATE AMOUNT PAYEE ACCOUNT BANK
337585 07/27/11 $7,362.00 El Primer Paso Centralized Bank of America
Disbursement
--
(14)
WHEREAS, the County Treasurer has been advised that the following
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.
CHECK# DATE AMOUNT PAYEE ACCOUNT BANK
339772 09/14/11 $425.00 New York Centralized Bank of America
Microscopical Disbursement
Society, Inc.
--
(15)
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 & County
Treasurer is hereby authorized to reclassify the following payments as
follows:
CHECK# DATE PAYEE AMOUNT FROM To
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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
(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)
WHEREAS, the County Treasurer has been advised that the following
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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
212878 11/12/10 60.00 Jason Campbell M.C. Payroll TD
213028 11/12/10 119.61 Eileen Specchio M.C. Payroll TD
213644 11/26/10 56.94 Eileen Specchio M.C. Payroll TD
214287 12/10/10 56.95 Eileen Specchio M.C. Payroll TD
214348 12/10/10 135.46 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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
2. This resolution shall take effect immediately.
--
(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
Tilcon New York Inc. Road Division
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
Tilcon New York Inc. Road Division
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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
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 Director of the Board of Chosen Freeholders is hereby
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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
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.
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(25)
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 $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.
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 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
Morris in the State of New Jersey as follows:
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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
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.
--
(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
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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(28)
With respect to recent bidding for Milling and Resurfacing of East
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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
1. The Director is authorized to execute and the Clerk shall attest and
affix the seal to the contract as presented by County Counsel.
2. The Treasurer is hereby authorized to issue a Certificate of
Availability of Funds.
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.
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(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
1. The Director is authorized to execute and the Clerk shall attest and
affix the seal to the contract as presented by County Counsel.
2. The Director is hereby authorized to issue a Certificate of
Availability of Funds.
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.
--
(30)
With respect to recent bidding for Guiderail Installations
throughout Morris County, New Jersey a contract is hereby awarded to the
lowest, most responsible bidder as follows:
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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
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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
lowest, most responsible bidder as follows:
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.
1. The Treasurer is hereby authorized to issue a Certificate of
Availability of Funds.
2. The Purchasing Agent is hereby authorized to execute said contract
as prepared by County Counsel.
3. The contract is awarded pursuant to a fair and open process in
compliance with N.J.S.A. 19:44A-20.1, et seq.
4. This resolution shall take effect immediately.
--
(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
1. The Director is authorized to execute and the Clerk shall attest and
affix the seal to the contract as prepared by County Counsel.
2. The Treasurer is hereby authorized to issue a Certificate of
Availability of Funds.
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.
--
(33)
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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
Open Space Account #13-290-56-580552-888 and process payment to the
grantee as directed by the office of the Department of Planning &
Development, all in accordance with this resolution.
--
(34)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 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;
NOW, THEREFORE BE IT RESOLVED, by the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey as follows:
1. The Agreement between the County of Morris and 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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
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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BOARD OF CHOSEN FREEHOLDERS – OCTOBER 12, 2011
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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