fh meeting minutes - 2012-11-28

7/30/2019 FH Meeting Minutes - 2012-11-28

http://slidepdf.com/reader/full/fh-meeting-minutes-2012-11-28 1/85

BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012

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

Morris, State of New Jersey, was held on November 28, 2012, in the Borough of

Wharton Municipal Building, 10 Robert Street, New Jersey. The meeting beganat 7:30 p.m.

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

this regular meeting held the 28th day of November, 2012 has been provided

through resolution adopted by this Board at its Regular Meeting held at the

Administration and Records Building on July 11, 2012, to the Star Ledger, the

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

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

Board.

ROLL CALL

PRESENT: Freeholders Douglas Cabana, John Cesaro, Ann Grossi,

Hank Lyon, Thomas Mastrangelo, John Murphy and

Director William Chegwidden (7)

ALSO PRESENT: County Administrator John Bonanni, County Counsel

Dan O’Mullan, Assistant County Counsel Randy Bush and

Clerk of the Board Diane M. Ketchum

PRAYER AND FLAG SALUTE

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

salute to the flag.

--

RESOLUTION OF APPRECIATION

Borough of Wharton Mayor and Council

--

MINUTES FOR APPROVAL

All Meeting Minutes for October 24 and November 12, 2012. On motion by

Freeholder Murphy and seconded by Freeholder Grossi, the meeting minutes were

approved.

--

COMMUNICATIONS

1. Confirming/ratifying the action of the Director to approve a request

from the Dover Renaissance Five-Kilometer Run group to close a portion




BY AND FOR THE COUNTY OF MORRIS, NEW JERSEY” is hereby amended to read as

follows:

Section 2. Section 3(a) of said Bond Ordinance number 953257 of the

County, finally adopted October 12, 2011, is hereby amended to include

various bridge, road and facility improvements related to Hurricane Sandy.

Therefore, Section 3(a) of said bond ordinance number 95325 shall read in its

entirety as follows:

“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 and/or Hurricane

Sandy, including all work, materials and equipment necessary therefore

and incidental thereto (all as shown on and in accordance with the

plans and specifications therefore on file in the office of the Clerk

of the Board of Chosen Freeholders and hereby approved).”

Section 3. All other details of the bond ordinance referred to in

Section 1 hereof shall remain the same.

Section 4. This bond ordinance shall take effect twenty (20) days

after the first publication thereof after final adoption, as provided by theLocal 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 Cesaro moved that the ordinance under consideration be

adopted on the second and final reading. Freeholder Mastrangelo seconded the

motion.

The Clerk called and recorded the following vote:

YES: Freeholders Cabana, Cesaro, Grossi, Lyon, Mastrangelo,

Murphy, and Director Chegwidden (7)

Freeholder Cesaro 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 Mastrangelo seconded the

motion, which passed with seven YES votes.

--

PUBLIC PORTION

Joel Aronson, Borough of Wharton resident, thanked the Board for coming

to Wharton Borough this evening.




Freeholder Lyon said he can unequivocally state that he has not made up

his mind, and he has not influenced the two new freeholders in this matter.

Ms. Hrobuchak and Ms. Toriello thanked Director Chegwidden and

Freeholder Murphy for all they have done for the County.

Ms. Karen Kajdinyak, resident of Randolph Township, spoke about her

mother who is a patient at Morris View for the last seven years. Her mother

was unresponsive recently, and she was attended to immediately with oxygen

and a call to her doctor. Ms. Kajdinyak would hate to see anything happen to

this nursing home. Having her mother at Morris View gives her peace of mind.

She thanked both Director Chegwidden and Freeholder Murphy for supporting

Morris View over the years.

--

RESOLUTIONS

Freeholder Murphy introduced the following resolutions:

(1)

RESOLVED that the Director is hereby authorized to execute and theClerk shall attest and affix the seal to the Release of Receipt of Grant and

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

Community Development.

Henry Adamczyk

Joseph N & Lois M Baum

Rosalind J Bolan

Gerald A & Laura L Briant

Jean Bunkoski

Rodica Bush

Michael J & Margaret Campion

Katherine V Gray aka Eckert

Dorothy Mills

--

(2)

WHEREAS, per Road Opening Permit #10-16 issued to Rockaway Town Plaza,

the original amount was $117,565.22, comprising of $51,013.04 cash and

$66,552.18 Bond and;

WHEREAS, Rockaway Town Plaza has requested that $27,500.00 be returned

from Cash deposit portion of the permit.

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

the Freeholder Director is authorized to sign and the Clerk shall attest to




The Purchasing Agent is hereby authorized to execute said contract as

prepared by County Counsel.

The Treasurer is hereby authorized to issue a Certificate of Availability of

Funds.

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

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

The resolution shall take effect immediately.

--

(5)

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

Morris in the State of New Jersey as follows:

1. That the County of Morris hereby awards a grant of $22,257 from the

FY 2012 Open Space and Farmland Preservation Trust Fund to Canal

Society of New Jersey for a project entitled Waterloo Village.

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

authorized to sign and execute an agreement to expire on 9/24/2014 forthe 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 #13-290-56-580-550-888 and process payment to the

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

Development, all in accordance with this resolution.

--

(6)

WHEREAS, there exists a need from attorneys, licensed to practice in

the State of New Jersey, or retired law enforcement executives to serve as

hearing officers concerning disciplinary matters as needed within the

Sheriff’s Department in Morris County, New Jersey; and

WHEREAS, the contract was awarded as a “Professional Service” in

accordance with N.J.S.A. 40A:11-5(1)(a)(i) et seq. through a fair and openprocess, pursuant to N.J.S.A. 19:44A-20.4 et seq.;

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. Agreements between the County of Morris and




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

Funds shall be issued for the remaining balance subject to the

appropriation of sufficient funds.

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

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

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

--

(7)

WHEREAS, there exists a need for TB Clinics Services to provide quality

of care to the residents of Morris County, New Jersey; and

WHEREAS, the New Jersey Department of Health (NJDOH) Tuberculosis (TB)

Program has designated Morristown Memorial Hospital as a member of the TB

Specialty Provider Network for such service; and


accordance with N.J.S.A. 40A:11-5(1)(a)(i) et seq.,

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

1. The agreement between the County of Morris and

AHS Hospital Corp./Morristown Memorial Hospital

100 Madison Avenue

Morristown, New Jersey 07962

Amount: $120,000

Account #: 01-201-27-330100-079

Term: January 1, 2013 through December 31, 2013

Dept.: M.C. Health Management

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

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

hereby approved and shall be entered into by this Board.

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

execute said agreement.

3. 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, 2013, in

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





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

2012.

DATE CHECK NO. PAYEE ACCOUNT TO BE CHARGED AMOUNT

10/01/2012 25632 K & A Associates 01-203-27-345100-365 1,050.00

10/03/2012 25633 JCP & L 01-201-27-345100-368 350.00

10/03/2012 25634 JCP & L 01-201-27-345100-368 350.00

10/03/2012 25635 JCP & L 01-201-27-345100-368 348.05

10/04/2012 25636 1 Jean St Building Assoc. 01-201-27-345100-365 1,465.50

10/04/2012 25637 Parsippany Inn 01-201-27-345100-368 775.00

10/04/2012 25638 Patricia Ort 01-201-27-345100-365 1,075.00

10/04/2012 25639 River Park Village 01-201-27-345100-365 1,015.00

10/04/2012 25640 Thomas Vara 01-201-27-345100-365 875.00

10/04/2012 25641 Thomas Vara 01-201-27-345100-368 875.00

10/05/2012 25642 Budd Lake Motel 01-201-27-345100-365

01-201-27-345100-368

200.00

700.0010/05/2012 25643 Housing Authority Town of

Dover

01-201-27-345100-365

01-201-27-345100-368

397.00

397.0010/05/2012 25644 JCP & L 01-201-27-345100-368 453.48

10/05/2012 25645 JCP & L 01-201-27-345100-368 172.46

10/05/2012 25646 JCP & L 01-201-27-345100-368 350.00

10/05/2012 25647 JCP & L 01-201-27-345100-368 180.90

10/05/2012 25648 JCP & L 01-201-27-345100-368 350.00

10/05/2012 25649 JCP & L 01-201-27-345100-368 326.30

10/05/2012 25650 Netcong Heights LLC 01-201-27-345100-365 1,425.00

10/05/2012 25651 New Jersey Natural Gas 01-201-27-345100-368 185.72

10/05/2012 25652 Southeast Morris Co.

Municipal

01-201-27-345100-368 455.12

10/05/2012 25653 Whippany Lodging LLC 01-201-27-345100-365 70.00

10/05/2012 25654 JCP & L 01-201-27-345100-368 158.87

10/05/2012 25655 New Jersey Natural Gas 01-201-27-345100-368 131.07

10/05/2012 25656 PSE & G 01-201-27-345100-368 138.81

10/05/2012 25657 Roxbury Circle Motel 01-201-27-345100-368

01-201-27-345100-365

465.00

235.0010/09/2012 25658 35-37 Fern LLC 01-201-27-345100-368

01-201-27-345100-365

366.67

550.0010/15/2012 25659 Borough of Butler Electric 01-201-27-345100-368 324.74

10/16/2012 25660 Postmaster 01-201-27-345100-068 800.00

10/16/2012 25661 Furniture House 01-201-27-345100-365 299.00

10/16/2012 25662 Glen Boyton 01-201-27-345100-365 1,000.00

10/16/2012 25663 Housing Authority of

Plainfield

01-201-27-345100-365 343.00

10/16/2012 25664 JCP & L 01-201-27-345100-365 205.25

10/16/2012 25665 PSE & G 01-201-27-345100-365 229.26

10/16/2012 25666 Rachel Affordable Housing 01-201-27-345100-365

01-201-27-345100-368

561.82

602.0810/16/2012 25667 Ro b r Circle Motel 01 201 27 345100 365 350 00




Paola A. Novillo De Vallejo and Xavier E. Vallejo

--

(11)

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

reviewed, discussed and agrees to enter into a Grant of Bridge Maintenance

Easement Agreement by and between the Township of Montville, a municipal

corporation of the State of New Jersey, having offices located at

195 Changebridge Road, Montville, New Jersey 07045 (Grantor) and the County

of Morris, having offices at the Administration and Records Building, Court

Street, P.O. Box 900, Morristown, New Jersey 07963-0900 (Grantee) for

property known as Block 123, Lot 20, in the Township of Montville, County ofMorris, and State of New Jersey, more particularly described in the attached

Grant of Bridge Maintenance Easement Agreement, a copy of which is on file in

the Office of the Morris County Administrator.

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

County of Morris, State of New Jersey as follows:

1. The Freeholder Director and the Clerk of the Board of Chosen

Freeholders be and they are hereby authorized to execute and attest,respectively, the Grant of Bridge Maintenance Easement Agreement by and

between the Township of Montville, a municipal corporation of the State

of New Jersey, having offices located at 195 Changebridge Road,

Montville, New Jersey 07045 (Grantor) and the County of Morris, having

offices at the Administration and Records Building, Court Street,

P.O. Box 900, Morristown, New Jersey 07963-0900 (Grantee) for property

known as Block 123, Lot 20, in the Township of Montville, County of

Morris, and State of New Jersey, more particularly described in the

attached Grant of Bridge Maintenance Easement Agreement, a copy of

which is on file in the Office of the Morris County Administrator.

2. The Clerk of the Board shall record the Grant of Bridge Maintenance

Easement Agreement with the Office of the Morris County Clerk.

3. The within resolution shall take effect immediately.

--

(12)

WHEREAS, there exists a need for General Engineering Assistance to theEngineering Division of the Morris County Public Works Department, on-site at

the Morris County Administration & Records Building in Morristown, on an as-

needed basis. Duties shall include reviewing land development applications to

include subdivisions, certain site plans, and bridge, drainage and roadway

project design reviews for various construction projects within Morris

County; and




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


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

--

(13)

With respect to recent bidding for Medical Laboratory Diagnostic

Services for the Morris County Correctional Facility, New Jersey, a contract

is hereby awarded to the sole responsible bidder as follows:

Total

Bio-Reference Laboratories, Inc. $50,000 (not to exceed)

481 Edward H. Ross DriveElmwood Park, NJ 07407-3118

Vendor ID#: 6725

Term: Two years: January 1, 2013 through December 31, 2014

Budget: 01-201-25-280100-189

Dept: Jail

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



Availability of Funds charging the appropriate account for amounts

reflecting all liabilities to be incurred through March 31, 2013 and

2014, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2).


Funds shall be issued for the remaining balance subject to the


4. This resolution shall take effect immediately.


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

--

(14)

With respect to recent bidding for On-Site Radiology Services to the

Morris County Correctional Facility, New Jersey, a contract is hereby awarded

to the sole responsible bidder as follows:

Total

Symphony Diagnostic Services No. 1, Inc.,

d/b/a MobilexUSA $40,000 (not to exceed)

101 Rock Road

Horsham, PA 19044




WHEREAS, to accomplish this work safely and efficiently the bridge must

be closed to all traffic, for a period of approximately three (3) weeks; and

WHEREAS, the Engineering Division of the Department of Public Works of

the County of Morris has provided an acceptable traffic detour, to the Police

Departments of the Townships of Jefferson and West Milford and will notify

the municipalities 72 hours in advance of the commencement of work;

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

County of Morris in the State of New Jersey that the closing of County Bridge

No. 1400-323 on Cozy Lake Road over the Pequannock River in the Townships of

Jefferson, County of Morris and West Milford, County of Passaic to all

traffic for a period of approximately three (3) weeks from December 3, 2012through December 21, 2012 is hereby approved.

This resolution shall remain valid for one year after the date of

adoption. Copies of this resolution shall be sent to the Administrators of

the Townships of Jefferson and West Milford, and the County Engineer of the

County of Morris.

--

(16)WHEREAS, on December 14th, 2011 by Resolution #53 a contract for

Paving Markings for Various County Roads was awarded to the lowest

responsible bidder, Statewide Striping 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 Statewide Striping Corp, be

renewed as follows:

Statewide Striping Corp

499 Pomeroy Road

Parsippany NJ 07054

Term: January 1st, 2013 thru December 31st, 2013

Amount: $262,225.00

Budget: 01-201-26-290100-221Dept: Roads Dept.


Availability of Funds charging the appropriate department account for

amounts reflecting all liabilities to be incurred through March 31,

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




Harrisburg PA 17101 Amount: $4,331.21

NJSC#A66907

--

(18)

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, according to Local Public Contract Laws,

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

Verizon Select Services Information Technologies500 Techonology Drive 04-216-55-962230-955

Weldon Springs MO 63304 Amount: $220,365.75

NJSC#A43338

2. The Treasurer is hereby authorized to issue Certificates of

Availability of Funds.

--

(19)BE IT RESOLVED as follows:




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

Emerald Professional Morris View Healthcare

285 Pierce St Split Account:

Somerset NJ 8873 Amount: $ 19,316.60HGP1111

01-201-27-350130-046 $6,380.00

01-201-27-350125-182 $12,936.60

D & B Auto Supply Motor Service Center

320 Lincoln Blvd 01-201-26-315100-291

Middlesex NJ 08846 Amount: $2,244.76

CC-0113-12

Schindler Elevator Corp. Morris View Healthcare

20 Whippany Road 01-201-27-350110-044

Morristown NJ 07960 Amount: $2,244.76

Leading Age

Staples Business Morris View Healthcare




Woodruff Energy Morris View Healthcare

73 Water Street 01-201-27-350110-141

Bridgeton NJ 08302*-0499 Amount: $13,867.13HGP1144

Inter City Tire Motor Service Center

777 Dowd Avenue 01-201-26-315100-245

Elizabeth NJ 07201 Amount: 4,127.00

NJSC#A82528

State Of NJ Morris View Healthcare

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

Trenton NJ 08625 Amount: $5,440.34

BFI MC Correctional

10 Lanidex Center W 01-201-25-280100-162

Parsippany NJ 07054 Amount: $20,834.34

NJSC#A81711

R.D. Sales Door Morris View Healthcare

220 West Parkway Unit #3 Split Accounts:

Pompton Plains NJ 07444 Amount: $58,380.00Leading Age

04-216-55-953132-956 $43,455.92

04-216-55-953181-951 $14,924.08

Verizon Information Technologies

303 Walnut Street 01-201-31-430100-146

Harrisburg PA 17101 Amount: $12,720.67

NJSCA#66907

--(20)

1. In accordance with N.J.S.A. 40A:11-15, a contract is hereby awarded,

for the provision of maintenance of proprietary computer software and

upgrade to the CADS system for the Law & Public Safety, to:

Keystone Public Safety

One Tall Oaks Corporate Center

1000 Lenola Road, Suite 101

Maple Shade NJ 08052Amount: $25,000.00

Term: November 1st, 2012 thru November 1st, 2013

Budget Line Item: 01-201-25-252100-059

Using Department: Law & Public Safety

2 The Treasurer is hereby authorized to issue a Certificate of




Silver Squeak Inc .

128 Whittlesey Avenue

West Orange NJ 07052Amount: $18,000.00

Budget: 01-201-26-310100-256

Dept: Buildings & Grounds

Term: January 1, 2013 thru December 31, 2013

L.B. Services LLC

403 Pigeon View Lane

Nw Castle, DE 19720

Amount: $5,000.00

Budget: 01-201-27-350110-256Dept: Morris View Healthcare Center


Funds shall be issued for the remaining balance, subject to the





--

(22)

WHEREAS, on February 8th, 2012 by Resolution #35 a contract for Long

Distance Telephone Services for Morris County Facilities was awarded to the

lowest responsible bidder, A T & T 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 A T & T, be renewed as follows:

A T & T

1 A T & T Way Room-2C224E

Bedminster NJ 07921Term: January 1st, 2013 thru December 31st, 2013

Amount: $29,352.00

Split Budget:

Risk Management 70-201-23-212100-146-$ 240.00

Weights & Meas. 01-201-22-201100-146-$ 156.00

Road Repairs 01-201-26-290100-146-$ 156.00




provided by a Planning Incentive Grant from the NJ Department of

Environmental Protection; and

WHEREAS, the County Treasurer (“Treasurer”) has issued a Certificate of

Availability of Funds designated as #64803 (formerly #C-1226) for the

property; and

WHEREAS, Denville Township (“Grantee”) has provided the Board an

executed Grant Agreement and requests the 75% cost share in an amount not to

exceed $192,491.09 for the purchase of the property; and

WHEREAS, the Board desires to authorize the Treasurer to draw county

funds in the amount requested by the Grantee for the acquisition of saidparcel.

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. That the County of Morris hereby awards a grant not to exceed

$192,491.09 from the Morris County Open Space and Farmland Preservation

Trust Fund to the Township of Denville for the flood mitigation project

area entitled “Denville – Riverside Drive”, and specifically for theparcel located at 15 Riverside Drive, Block 50408, Lot 106.


authorized to sign and execute an agreement for the aforesaid grant,

and the Clerk to attest to the same, a copy of which is on file in the

office of the Department of Planning & Development made a part hereof

by reference.

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

any facilities under County jurisdiction, including but not limited tosight triangle easements, bridge maintenance easements and roadway

dedications (per official map) as required by the grant agreement.

4. The Treasurer is hereby authorized to process payment to the Grantee or

its designated agent as directed by the office of the Department of

Planning & Development, all in accordance with this resolution.


--

(24)

WHEREAS, on April 25, 2012 in accordance with Resolution #27, the Board

of Chosen Freeholders (“Board”) granted Preliminary Approval for flood

mitigation acquisition funding to Denville Township’s Fast Track application

for national disaster #4021, Hurricane Irene, to cover 25% cost share and





by reference.


any facilities under County jurisdiction, including but not limited to

sight triangle easements, bridge maintenance easements and roadway






--

(25)





soft cost reimbursement, including the parcel located at 18 Riverside Drive,

Block 50401, Lot 46 (“property”). The remaining 75% cost share will beprovided by a Hazard Mitigation Grant from the Federal Emergency Management

Agency (FEMA); and



property; and



exceed $77,633.60 for purchase of the property; and


funds in the amount requested by the Grantee for the acquisition of said

parcel.



1. That the County of Morris hereby awards a grant not to exceed$77,633.60 from the Morris County Open Space and Farmland Preservation


area entitled Denville 4021, and specifically for the parcel located at

18 Riverside Drive, Block 50401, Lot 46.







property; and






parcel.

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




area entitled “Denville – Riverside Drive”, and specifically for the

parcel located at 19 Riverside Drive, Block 50408, Lot 108.

2. That the Director of the Board of Chosen Freeholders is herebyauthorized to sign and execute an agreement for the aforesaid grant,



by reference.









--

(27)

WHEREAS, on April 25, 2012 in accordance with Resolution #27, the Boardof Chosen Freeholders (“Board”) granted Preliminary Approval for flood




Block 50401, Lot 45 (“property”). The remaining 75% cost share will be

provided by a Hazard Mitigation Grant from the Federal Emergency Management












--

(28)WHEREAS, on April 25, 2012 in accordance with Resolution #27, the Board






provided by a Hazard Mitigation Grant from the Federal Emergency Management

Agency (FEMA); and


Availability of Funds designated as #64801 (formerly #C-1221) for this

purpose; and





funds in the amount requested by the Grantee for the acquisition of saidparcel.






area entitled Denville 4021, and specifically for the parcel located at22 Riverside Drive, Block 50401, Lot 44.











WHEREAS, the Board desires to authorize the County to draw county funds

in the amount requested by the Grantee for the acquisition of said parcel.





Trust Fund to the Township of Denville for the flood mitigation projectarea entitled Denville 4021, and specifically for the parcel located at

23 Riverside Drive, Block 50408, Lot 113.





by reference.









--

(30)






Block 50401, Lot 43 (“property”). The remaining 75% cost share will beprovided by a Hazard Mitigation Grant from the Federal Emergency Management

Agency (FEMA); and



property; and








--

(31)

WHEREAS, on May 23, 2012 in accordance with Resolution #38, the Board


mitigation acquisition funding to Denville Township’s CORE application for

the Riverside Drive Project Area, to cover 75% cost share and soft cost

reimbursement, including the parcel located at 25 Riverside Drive,Block 50408, Lot 115 (“property”). The remaining 25% cost share will be




Availability of Funds designated as #64803 (formerly #C-1226) for this

purpose; and






parcel.












by reference.









parcel.












by reference.









--

(33)WHEREAS, on May 23, 2012 in accordance with Resolution #38, the Board


mitigation acquisition funding to Denville Township’s CORE application for

the Riverside Drive Project Area, to cover 75% cost share and soft cost

reimbursement, including the parcel located at 33 Riverside Drive,






property; and







--

(34)




Morris County Municipal Utilities Authority’s (hereinafter, MCMUA)

allocation from the Open Space and Farmland Preservation Trust Fund to

Harding Land Trust and the Township of Harding for their contribution

toward the purchase of the Primrose Farm Estates Property (Phase 1 andPhase 2) in the Township of Harding.



Open Space Account #13-290-56-580550-888 and process payment to the



--

(35)

WHEREAS, on November 10, 2010, in accordance with Resolution #7, the

Morris County Board of Chosen Freeholders (“County”) approved a grant of

$2,450,000 to Harding Land Trust (“Grantee”, the “Assignor”) for a project

entitled “Primrose Farm Estates-Phase 1” (the “Project”); and

WHEREAS, on November 9, 2011, in accordance with Resolution #42, the

County approved a grant of $2,880,000 to the Grantee for Phase 2 of the

Project; and

WHEREAS, the terms and conditions of each grant are outlined under a

certain Grant Agreement (“Grant Agreement”) between the County and Grantee

and include the provision to assign the rights and obligations of the Grant

Agreement to another entity at the County’s sole discretion; and

WHEREAS, Grantee’s application for County funding in both years

identified the Township of Harding, Great Swamp Watershed Association and the

Trust for Public Land (“Assignees”) as funding partners on the Project; and

WHEREAS, Assignees will receive certain additional grant financing from

Green Acres which requires them to acquire a certain undivided interest in

the Project commensurate with the amount of said grant from that agency; and

WHEREAS, in order to conform to Green Acres guidelines, certain

undivided interests in the Project will be transferred to the Assignor and




WHEREAS, as a result of its October 4, 2012 meeting, the Morris County

Historic Preservation Trust Fund Review Board has recommended to the Morris

County Board of Chosen Freeholders rule changes regarding the Historic

Preservation Trust Fund grant applications.



1. Section 5.3 of the Rules and Regulations of the Morris County Open

Space, Farmland and Historic Preservation Trust Fund is amended to have

paragraph 2 read as follows:

“There are three types of applications available. Projects that areprincipally construction-related should be detailed in the Construction

application. Grant requests for acquisition and preservation planning

documents should be completed on the Preservation Planning application.

Grant requests for the preparation of Construction Documents should be

completed on the Construction Documents application. All applications

should be submitted to the Morris County Department of Planning &

Development,…”



paragraph 3 read as follows:

“3. For Preservation Planning and Construction Documents Grants: If the

applicant is not the owner or lessor with a 20 year unexpired lease

term, …”



paragraphs 2 and 3 read as follows:

“Charitable Conservancies that plan to submit construction grant

requests exceeding $50,000 must have prepared a Preservation Plan and

obtained professional construction cost estimates based on construction

documents before they are eligible to apply for funding toward the

actual construction. Applicants may apply for a Non-Construction Grant

that includes the preparation of a Preservation Plan, construction

documents, construction cost estimates by a State of New Jersey-

certified professional cost estimator, and/or relevant reports or

analysis. The construction cost estimate must be escalated two (2)

years to the anticipated construction period.

After obtaining a professional construction cost estimate, the

applicant may apply for a Construction Grant that includes bidding,

construction, and construction administration.”




Freeholders approved, various grant awards since 2003 to certain

municipalities and charitable conservancies (hereinafter, the “grantees”);

and

WHEREAS, the grantees listed below have requested and the Committee

approved a one (1)-year extension to each due to the delay of certain

necessary tasks prior to project completion.



1. The Board accepts the recommendation of the Committee to grant an

extension to each of the grantees below with the expiration date asshown:

Name of

Applicant

Name of

ProjectGrant

Year

Grant

Expiration

Date CAF #

Township of

Parsippany-

Troy Hills

Bowlsby-

DeGelleke

House

2010 Jan. 26, 2013 64617

Morris

County Park

Commission

Fosterfields

Barnyard

Complex

2010 Sept. 26, 2013 64616

Passaic

River

Coalition

Willow Hall 2010 Jan. 26, 2013 64623

2. The County Treasurer shall recertify the Certificate of Availability of

Funds for each project as listed above.


--

(38)

WHEREAS, the following Grant Fund budget appropriation balances remain

unexpended or have been reduced:

718205 Public Health Emergency Grant $288.96

864910 ARRA-Resurfacing Projects $148,652.51

WHEREAS, it is necessary to formally cancel said balances so that the

Grant programs may be closed out and removed from the open balances, and

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




11/09/12 355953 Editha Marquez 01-201-27-350100-

016

$274.75

11/09/12 355954 Evelyn Tolentino 01-201-27-350100-

016

$1,808.45

11/09/12 355955 Georgina Gray-Horsley 01-201-27-350100-

016

$1,120.00

11/09/12 355956 Harriet Vallecer RN 01-201-27-350100-

016

$560.00

11/09/12 355957 Illiene Charles, RN 01-201-27-350100-

016

$1,680.00

11/09/12 355958 Jessy Jacob 01-201-27-350100-

016

$840.00

11/09/12 355959 Joyce Reed 01-201-27-350100-016

$2,012.64

11/09/12 355960 Loreen Rafisura 01-201-27-350100-

016

$820.75

11/09/12 355961 Louise R. Macchia 01-201-27-350100-

016

$2,730.00

11/09/12 355962 Ma. Liza Imperial 01-201-27-350100-

016

$2,934.93

11/09/12 355963 Madukwe Imo Iboko, RN 01-201-27-350100-

016

$2,222.50

11/09/12 355964 Maria Campos 01-201-27-350100-

016

$14.00

11/09/12 355965 Martha Yaghi 01-201-27-350100-

016

$1,120.00

11/09/12 355966 Mary Jane M. Arcinas 01-201-27-350100-

016

$279.30

11/09/12 355967 Malojane Celestino 01-201-27-350100-

016

$840.00

11/09/12 355968 Michelle Capili 01-201-27-350100-

016

$840.00

11/09/12 355969 Rose Dumapit 01-201-27-350100-

016

$1,680.00

11/09/12 355970 Rosemary Batane

Cobcobo

01-201-27-350100-

016

$1,400.00

11/09/12 355971 Toyella E Gibson 01-201-27-350100-

016

$560.00

11/09/12 355972 Vivian Blandura 01-201-27-350100-

016

$1,400.00

11/19/12 356562 Motor Vehicle

Commission

01-201-26-315100-

098

$225.00

11/19/12 356563 Motor Vehicle

Commission

01-201-26-315100-

098

$275.00

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




01-201-41-716100-291 Vehicle Maintenance $6,545.03 Anticipated

April – June 2012 Revenue

Nutrition Public Works

--

(42)

WHEREAS, pursuant to (i) Section 510(c) of that certain Lease Purchase

Agreement dated as of August 1, 2011 (the “Lease Agreement”) by and between

The Morris County Improvement Authority (the “Authority”) and the County of

Morris, New Jersey, and (ii) Section 5.02 of the Authority’s bond resolution

entitled “Resolution Authorizing the Issuance of County of Morris Lease

Revenue Bonds of The Morris County Improvement Authority”, duly adopted bythe Authority on July 20, 2011, as amended and supplemented, U.S. Bank

National Association, as Trustee for the holders of the captioned bonds (the

“Bonds”), is authorized to pay from moneys on deposit in the Acquisition Fund

bills associated with the Public Safety Academy project

Block 7, Lot 2 in Parsippany-Troy Hills, New Jersey, and

WHEREAS, Requisition Number 13 in the amount of $1,204,708.43 payable

to APS Contracting, Inc. is being sent to U. S. Bank on November 29, 2012.

THEREFORE, BE IT RESOLVED that the action of the Treasurer in

submitting the bill for payment, to the Trustee U. S. Bank, as approved by

the Director of Engineering, is hereby approved.

--

(43)


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

327426

(partial)

10/13/10 NISIVOCCIA LLP $1,130.22 02-213-41-864910-

391

01-204-55-135100

510

353754

(partial)

09/12/12 Avtech

Institute

$1,642.67 02-213-41-742010-

391

02-213-41-742135

391

353118

(partial)

08/22/12 Avtech

Institute

$1,706.67 02-213-41-742010-

391

02-213-41-742135

391

354455

(partial)

09/24/12 Avtech

Institute

$1,792.00 02-213-41-742010-

391

02-213-41-742135

391

351598 07/25/12 Clinical

Research

Academy of

America

$3,200.00 02-213-41-742010-

391

02-213-41-742135

391

351902 07/25/12 Rutgers The $3 200 00 02-213-41-742010- 02-213-41-742135




CHECK # DATE AMOUNT PAYEE ACCOUNT BANK

356559 11/15/12 $110,645.73 Witt Group

Holdings, LLC

Centralized

Disbursement

Bank of

America

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

--

(45)

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.


355710 10/24/12 $4,338.17 Major Police

Supply

Centralized

Disbursement

Bank of

America

--

(46)

WHEREAS, the County Treasurer has been advised that the following

checks are stale dated and payment have been stopped on same,

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

authorized to reissue the same.


327086 10/13/10 $ 7.80 Barbara Jean

Ackerson

Centralized

Disbursement

Bank of

America

335458 05/25/11 $508.68 Media Supply Centralized

Disbursement

Bank of

America

--

(47)

WHEREAS, the County Treasurer has been advised that the following check

is stale dated and payment has been stopped on same,

THEREFORE, BE IT RESOLVED that the County Treasurer is hereby

authorized to redeposit the following check.


344598 01/25/12 $170.00 NJ Institute for

Continuing

Legal Education

Centralized

Disbursement

Bank of

America

--




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.

--

(49)

RESOLUTION PROVIDING FOR THE INSERTION OF ANY SPECIAL

ITEM OF REVENUE IN THE BUDGET OF ANY COUNTY OR MUNICIPALITY

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

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division

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

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

time of the adoption of the budget, and

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

appropriation for equal amount,

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

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

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

included in the 2012 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 2012 as referenced below:

Revenue Title: New Jersey Department of Law and

Public Safety Amount: $6,979.86Appropriation Title: Body Armor – Prosecutor Amount: $6,979.86

Local Match - Source: Amount: $________





--

(50)








(51)





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

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













Revenue Title: New Jersey Office of Homeland Security

and Preparedness Amount: $298,000.00

Appropriation Title: FFY12 UASI (#EMW-2012-SS-00173-S01) Amount: $298,000.00

Local Match - Source: Amount: $__________



Morris and that one (1) certified copy of this resolution be forwarded to theDivision of Local Government Services.

--

(52)
















been made available by law and the amount thereof was not determined at thetime of the adoption of the budget, and











Revenue Title: New Jersey Department of Transportation Amount: $2,396,949.00

Appropriation Title: Newburgh Road Bridge/Musconetcong

River, STP-C00S(211) Amount: $2,396,949.00

Local Match - Source: Amount: $____________





--

(54)

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















(56)


1. The County of Morris wishes to purchase goods and services from thefollowing authorized vendors under the State of New Jersey Cooperative


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

RT 23 Auto Mall LLC Law & Public Safety

1301 Route 23 02-213-41-784330-391

Butler NJ 07405 1 Amount: $45,120.06

Co-op#15-C



--

(57)




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

SHI Law & Public Safety

290 Davidson Avenue 01-201-25-252105-078

Somerset NJ 08873 Amount: $75,000.00

NJSC#A77560



--(58)





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

Motorola Law & Public Safety

5 Paragon Dr. Split Account:

Montvale NJ 07645 Amount: $46,501.00

NJSC#A53804

02-213-41-784230-391 $45,237.00

01-201-25-252100-059 $1,264.00




Motorola Law & Public Safety

5 Paragon Dr. 04-216-55-963248-952

Montvale NJ 07645 Amount: $415,933.50NJSC#A53804



--

(61)





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

Tony Sanchez Ltd Law & Public Safety

1685 U.S. Rt 46 Split Account:

Ledgewood, NJ 07852 Amount: $26,780.00

Co-op#15-D

02-213-41-784215-391 $11,653.61

02-213-41-784330-391 $8,879.94

01-201-25-252100-059 $6,246.45



--

(62)1. In accordance with N.J.S.A. 40A:11-15, a contract is hereby awarded,

for the provision of maintenance of proprietary computer software to

the Morris County Planning & Development, to:

Environmental Systems Research

380 New York Street

Redlands CA 92373-8100

Term: November 1st, 2012 thru November 1st, 2013

Amount: $32,201.00

Budget Line Item: 01-201-20-180115-078Using Department: Planning & Development


Availability of Funds charging the appropriate department account for






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

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





--(64)




FY 2012 Open Space and Farmland Preservation Trust Fund to Mine Hill

Township for a project entitled Bridget Smith House.


authorized to sign and execute an agreement to expire on 9/24/2014 forthe 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.



Open Space Account #13-290-56-580-550-888 and process payment to the



--

(65)

WHEREAS, as of July 1, 2012, Catholic Social Services of Morris County

d/b/a Hope House, Federal Tax Payer I.D. #22-2921100, changed its name to

Catholic Family and Community Services d/b/a Hope House; and,

WHEREAS, at that time a new Vendor Code was issued reflecting the new

Federal Tax ID number for Catholic Family and Community Services d/b/a Hope

House: 22-1487121; and,

WHEREAS, it has become necessary to also change the information on the

Certificates of Availability of Funds attached to Hope House in order to

properly process payments;




10/11/2012 PO 66140 01-201-27-342000-480

CAF - Grant in Aid funding for 2012 GIA1221 $ 6,358.00

10/12/2012 PO 66253 01-201-41-716110-090

CAF - 2012 Funding through the Older Americans Act $ 3,117.00

10/12/2012 PO 66254 01-201-27-342000-480

CAF - Grant in Aid funding for 2012 $ 4,054.00

10/12/2012 PO 66255 01-201-41-716110-090

CAF - 2012 Funding through the Older Americans Act $ 672.00

10/24/2012 PO 66784 01-201-41-759000-063

CAF - 2012 Peer Grouping Initiative $ 5,962.00

11/08/2012 PO 67389 01-201-27-342000-480

CAF - Grant in Aid funding for 2012 The AIDS $ 2,591.00

--

(66)


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

resolution adopted September 12th, 2012, awarded a contract to Bob Petrich of

Hopatcong, New Jersey to provide Snow Plowing and Ice Removal to Section #11

for the Morris County Road Department;

AND WHEREAS, Bob Petrich has been unable to fulfill the requirements of

the contract as specified in the bid specifications,

NOW, THEREFORE BE IT RESOLVED that the contract with Bob Petrich has

been rescinded, and will be cancelled and the contract for Section #11 has

been awarded to Tree King of Landing, New Jersey.

This resolution shall take effect immediately.

--

(67)


1. With respect to recent bidding for Upgrades & Enhancements to the

Morris County Public Safety Training Academy Fire Trainer 0-250, a

contract is hereby awarded to the lowest, most responsible bidder as

follows:

Kidde Fire Trainers, Inc.

17 Philips Parkway

Montvale, NJ 07645

Vendor #: 17948

Total Amount: $205,000.00

Line Item #: 04-216-55-963176-909 ($ 5 000 00)




Line Item #: 04-216-55-964271-956

Using Agency: Juvenile Detention Facility

Terms: 30 days from notice of award.





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.


--

(69)

WHEREAS, on January 1, 2012, the County of Morris entered into CH51-

1221 Subgrant with Morristown Medical Center in the amount of $49,222; and,

WHEREAS, it has become necessary to amend the aforesaid subgrant

decreasing the subgrant amount by $12,000 from $49,222 to $37,222; and


1218 Subgrant with New Hope Foundation in the amount of $12,689; and

WHEREAS, it is necessary to increase the subgrant with New Hope

Foundation by $5,555 to $18,244; and


1203 Subgrant with NewBridge Services in the amount of $45,994; and

WHEREAS, it is necessary to increase the subgrant with NewBridge

Services by $6,445 to $51,994;

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


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

sign and execute this subgrant modification.

2. The Treasurer is hereby authorized to issue an amended Certificate ofAvailability of Funds #54834 decreasing the amount of the C.A.F. by

$12,000 in Account #02-213-41-757205-392.

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

Availability of Funds #54843 increasing the amount of the C.A.F. by




VENDOR #: 21791

Amount: $4,976.54

Said payments shall be charged to appropriate emergency accounts as

determined by the Morris County Treasurer.


--

(71)


WHEREAS, an emergency condition exists affecting the health and safety

of the citizens of the County of Morris, and

WHEREAS, the performance of emergency food service due to the recent

damage caused by Hurricane Sandy needs to be undertaken;

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

County of Morris as follows:

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

is hereby approved, ratified and confirmed.

2. The Treasurer is authorized to issue payment to the following Vendor:

Apple Spice Junction

1259 Route 46 East, Building 4E

Parsippany, New Jersey 07054

VENDOR #: 25111Amount: $8,007.16




--

(72)


WHEREAS, an emergency condition exists affecting the health and safety

of the citizens of the County of Morris, and

WHEREAS, the performance of emergency repairs to various County




WHEREAS, the performance of emergency repairs to various County

buildings due to the recent damage caused by Hurricane Sandy needs to be

undertaken;

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

County of Morris as follows:

1. The action of the Purchasing Agent, in authorizing the performance of

the work during this emergency condition pursuant to N.J.S.A. 40A:11-6,

is hereby approved, ratified and confirmed.

2. The Treasurer is authorized to issue payment to the following Vendor:

Stoltzfus Structures, LLC

5075 Lower Valley Road

Atglen, Pennsylvania 19310

VENDOR #: 21084

Amount: $7,620




--

(74)

WHEREAS, there exists a need for a third party administrator (TPA) to

provide Professional Services to the Fund for its Multi-Line insurance

program to the County of Morris, New Jersey for calendar year 2013 with an

option to renew for a one year term; and


accordance with N.J.S.A. 40A:11-5(1)(a)(i) et seq. through a fair and open

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



1. An agreement between the County of Morris and

Inservco Insurance Services, Inc.Two North Second St.

Harrisburg, PA 17101

VENDOR ID #: 2460

Amount: $141,000.00

Account to be charged: Workers Comp. Fund:




WHEREAS, the Committee carefully reviewed, evaluated and visited 10

projects submitted by municipalities and charitable conservancies for

approximately 45% of trust fund dollars for fiscal year 2012; and

WHEREAS, the Committee recommended the following applications and

dollar amounts to the Morris County Board of Chosen Freeholders for final

approval:

River Road Lots, submitted by Passaic River Coalition $ 155,000

Jersey City Property, submitted by Denville Twp. $ 10,000

Valva Property, submitted by Denville Twp. $ 300,000

Frelinghuysen Fields - 2, submitted by Harding Land Trust $2,075,000

Early Street Garden, submitted by Town of Morristown $1,575,000King of Kings Back Acreage, submitted by Mountain Lakes Boro. $ 110,000

Speciale Tract, submitted by Passaic River Coalition $ 28,200

Block 16 – Lot 22.01, submitted by Washington Twp. $ 79,800

Drakestown Addition – Biggiani J, submitted

by NJ Conservation Foundation $ 96,000

NOW THEREFORE, BE IT RESOLVED that the Morris County Board of Chosen

Freeholders accepts the recommendations and dollar amounts submitted by the

Committee and instructs the Director of the Department of Planning

&Development to draft grant agreements with each grantee.

--

(76)

RESOLUTION PROVIDING CONSENT OF THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY

OF MORRIS TO THE EXECUTION AND DELIVERY OF AMENDMENT AND CONSENT NO. 1 IN

CONNECTION WITH THE MORRIS COUNTY IMPROVEMENT AUTHORITY’S

SUSSEX COUNTY RENEWABLE ENERGY PROGRAM

WHEREAS, the County of Sussex, New Jersey, a political subdivision ofthe State (the “County”) developed a renewable energy program (the “Renewable

Energy Program”) for the financing, design, permitting, acquisition,

construction, installation, operation and maintenance of renewable energy

capital equipment and facilities such as solar panels, wind turbines, and

hydro-electric, bio-diesel, geothermal, and bio-mass facilities, including

any related electrical modifications, work related to the maintenance of roof

warranties, or other work required, desirable or convenient for the

installation of such systems (collectively, the renewable energy capital

equipment and facilities, the “Renewable Energy Projects”) for and on behalf

of the County and its affiliates, and the local governmental units within theCounty, including without limitation municipalities, boards of education for

school districts, local authorities and any other local government

instrumentalities, public bodies or other local government entities

(collectively, including the County, the “Local Units”);

BOARD OF CHOSEN FREEHOLDERS NOVEMBER 28 2012




ENERGY PROGRAM LEASE REVENUE NOTES AND BONDS, SERIES 2011 AND ADDITIONAL

BONDS OF THE MORRIS COUNTY IMPROVEMENT AUTHORITY” adopted by the governing

body of the Authority on September 28, 2011, as amended and supplemented from

time to time in accordance with its terms, including by a Certificate of anAuthorized Officer of the Authority dated December 14, 2011 (collectively,

and as the same may be further amended or supplemented in accordance with its

terms, including by this Consent No. 1, the “Bond Resolution”), 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

(as codified at N.J.S.A. 40:37A-44 et seq., the “Act”) and other applicable

law and official action, the Authority issued its (i) “County of Sussex

Guaranteed Renewable Energy Program Lease Revenue Bonds, Series 2011A

(Federally Taxable)” dated December 14, 2011, in the aggregate principal

amount of $26,715,000 (the “Series 2011A Bonds”) and its (ii) “County of

Sussex Guaranteed Renewable Energy Program Lease Revenue Note, Series 2011B

(Federally Taxable)” dated December 14, 2011, in the aggregate principal

amount of $985,000 (the “Series 2011B Note”, and together with the Series

2011A Bonds, the “Series 2011 Bonds”) to finance the Series 2011 Projects (as

all such terms, and any capitalized terms herein not otherwise defined in

Section 1 below, for all purposes of this Consent No. 1, shall have the

meanings ascribed to such terms in the Bond Resolution) for the Series 2011

Local Units as set forth in the various Program Documents; and

WHEREAS, the Parties, as hereinafter defined, desire to amend the

Program Documents to effect certain changes as set forth in that certain

“Amendment and Consent No. 1” to be executed (the “Consent No. 1”), a form of

which is attached hereto as Exhibit A, by and among the Authority, the

County, the Series 2011 Local Units, U.S. Bank National Association (the

“Trustee”), Sunlight General NJC Solar, LLC, Sunlight General Sussex

Holdings, LLC and Sunlight General Sussex Solar, LLC (collectively, the

“Company”); and

WHEREAS, such changes include:

to provide for additional Project Fund requisition and payment

direction procedures;

to authorize an anticipated investment in the Company Parties by

Firstar (as defined in the Consent No. 1);

to revise the list of, and respective Project Completion Dates for, the

participating Series 2011 Local Units;

to clarify certain definitions and the application of the Draw Paper

Ratio to Soft Costs;

to provide for Additional Subcontractors;





any such documents, instruments or closing certificates, the authorization of

which actions shall be conclusively evidenced by the execution or

acknowledgment, attestation, affixation and delivery, as the case may be,

thereof by such persons.

Section 3. The Authorized Officers are hereby severally authorized to

take such other actions, and execute such other certificates, documents, and

instruments, as such Authorized Officers shall deem to be necessary,

desirable, or convenient to assist the Authority in connection with the

Program Document Changes, or any other action related to the Renewable Energy

Program for the Series 2011A Local Units.

Section 4. All actions taken to date in connection with the Consent

No. 1 by the Authority and the Authority’s counsel, Inglesino, Pearlman,

Wyciskala & Taylor, LLC (the “Consultants”), including the adoption of the

First Supplemental Bond Resolution, are hereby ratified, confirmed and

approved.

Section 5. This resolution shall take effect immediately.

Section 6. Upon the adoption hereof, the Clerk of the Morris County

Board of Freeholders shall forward certified copies of this resolution to

John H. Eskilson, County Administrator, John Bonanni, Morris CountyAdministrator and Chairperson of the Authority, Dennis R. McConnell, Esq.,

County Counsel and Stephen B. Pearlman, Esq., Counsel to the Authority, all

of which may be sent as a single certified copy to the offices of Authority

Counsel, to the attention of Annie Collart, Law Clerk at

[email protected] followed by the original to Annie Collart at Inglesino,

Pearlman, Wyciskala & Taylor, LLC, 600 Parsippany Road, Suite 204,

Parsippany, New Jersey 07054-3715.

--

(77)

RESOLUTION PROVIDING CONSENT OF THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY

OF MORRIS TO THE EXECUTION AND DELIVERY OF AMENDMENT AND CONSENT NO. 1 IN

CONNECTION WITH TRANCHE II OF THE MORRIS COUNTY IMPROVEMENT AUTHORITY’S

RENEWABLE ENERGY PROGRAM

WHEREAS, the Morris County Improvement Authority (including any

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

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”) 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;





in accordance with its terms, including by the Consent No. 1, the “Bond

Resolution”), 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 (as codified at N.J.S.A. 40:37A-44 et seq.,the “Act”) and other applicable law and official action, the Authority issued

its (i) “County of Morris Guaranteed Renewable Energy Program Lease Revenue

Bonds, Series 2011A (Federally Taxable)” dated December 8, 2011, in the

aggregate principal amount of $33,100,000 (the “Series 2011A Bonds”) and its

(ii) “County of Morris Guaranteed Renewable Energy Program Lease Revenue

Bonds, Series 2011B (Federally Taxable)” dated March 15, 2012, in the

aggregate principal amount of $1,200,000 (the “Series 2011B Note”, and

together with the Series 2011A Bonds, the “Series 2011 Bonds”), which Series

2011B Note is held in its entirety by the County, to finance the Series 2011

Projects (as all such terms, and any capitalized terms herein not otherwise

defined herein, for all purposes of this Resolution, shall have the meanings

ascribed to such terms in the Bond Resolution) for the Series 2011 Local

Units as set forth in the various Program Documents;

WHEREAS, the Parties, as hereinafter defined, desire to amend the

Program Documents to effect certain changes as set forth in that certain

“Amendment and Consent No. 1” to be executed (the “Consent No. 1”), a form of

which is attached hereto as Exhibit A, by and among the Authority, the

County, the Series 2011 Local Units, U.S. Bank National Association (the“Trustee”), Sunlight General NJC Solar, LLC, Sunlight General Morris

Holdings, LLC and Sunlight General Morris Solar, LLC (collectively, the

“Company”);

WHEREAS, such changes include:

to provide for the extension of the final maturity date of the Series

2011B Note from January 15, 2013 to January 15, 2014 and certain

related matters;

to provide for additional Project Fund requisition and payment

direction procedures;

to authorize an anticipated investment in the Company Parties by

Firstar (as defined in the Consent No. 1);

to revise the list of, and respective Project Completion Dates for, the

participating Series 2011 Local Units;

to clarify certain definitions and the application of the Draw Paper

Ratio to Soft Costs;

to provide for Additional Subcontractors;

BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28 2012




by the Authority of the First Supplemental Bond Resolution in substantially

the form attached hereto as Exhibit B. The County's consent hereto to the

Consent No. 1 contemplates the insertion of the final terms therein that will

result from the negotiation set forth in Section 2 hereof.

Section 2. The Freeholder Director, the County Administrator and the

County Chief Financial Officer (including their designees, each an

“Authorized Officer”) are each hereby severally authorized and directed to

negotiate, execute and deliver the Consent No. 1 on behalf of the County,

acting as (i) guarantor of the Series 2011A Bonds, (ii) sole holder of the

Series 2011B Note, and (iii) a Series 2011A Local Unit participant, with such

final form to be determined by the Authorized Officer, after due diligence

and consultation with counsel, to be in the best interests of the County,

which execution thereof shall conclusively evidence the Authorized Officer’s

approval of any changes to the forms and acceptance of the terms thereof.

Section 3. The Clerk of the Board of Freeholders is hereby authorized

and directed, upon the execution or acknowledgment of the documents set forth

in Section 2 hereof in accordance with the terms of Section 2 hereof, to

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

documents and is hereby further authorized and directed to thereupon affix

the seal of the County to such documents.

Section 4. The Board of Freeholders of the County hereby authorize the

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

any other document, instrument or certificates, which the Authorized Officer,

after consultation with the Consultants, as defined herein, deems necessary,

desirable or convenient in connection with this contemplated transaction, and

the Board of Freeholders hereby directs the Authorized Officer to execute or

acknowledge, attest and affix the seal to any such documents, instruments or

closing certificates, the authorization of which actions shall be

conclusively evidenced by the execution or acknowledgment, attestation,

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

Section 5. The Authorized Officers are hereby severally authorized to

take such other actions, and execute such other certificates, documents, and

instruments, as such Authorized Officers shall deem to be necessary,

desirable, or convenient to assist the Authority in connection with the

Program Document Changes, or any other action related to the Renewable Energy

Program for the Series 2011A Local Units.

Section 6. Upon the execution or acknowledgment of the Consent No. 1as contemplated by Section 2 hereof, the Authorized Officer is hereby

authorized and directed to (i) deliver such fully executed documents to the

other parties thereto and (ii) perform such other actions as the Authorized

Officer deems necessary, desirable or convenient in relation to the execution

and delivery thereof.




BOARD OF CHOSEN FREEHOLDERS NOVEMBER 28, 2012

FREEHOLDER COMMENTS

Freeholder Murphy thanked Director Chegwidden for his years of service.

He has been a true public servant, and the public has been well served.

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 #22-12 totals

$7,398,849.69 dated and made a part hereof by reference.

Freeholder Murphy moved the adoption of the Bill Resolution. The motion

was seconded by Freeholder Cabana, and the following vote was recorded:

YES: Freeholders Cabana, Cesaro, Grossi, Lyon, Mastrangelo, Murphy

and Director Chegwidden (7)

--

PUBLIC HEARING – 8:30 PM

Consideration of the Matter of the Appeal to the Board of Chosen Freeholders

Pursuant to NJSA 40:27-6.9 Concerning the Application of Hanover and Horsehill Development, L.L.C., Morris County Planning Board, File No. 2011-

12-4-SP-7 by Stop and Shop’s Supermarket Company, L.L.C., Block 701, Lots 1,2 and 3, Northwest Corner of Hanover Avenue and Horsehill Road, Township of

Hanover, Morris County, New Jersey

Director Chegwidden stated, “The Board will now conduct a hearing

pursuant to N.J.S.A. 40:27-6.9 to consider the appeal to the Freeholders by

the Stop and Shop Supermarket Company, L.L.C. of the Morris County Planning

Board Action designated as File Number 2011-12-4-SP-7.”

Director Chegwidden stated, “All comments will be directed through the

Chair. This hearing is limited to comments on the appeal by the Stop and

Shop Supermarket Company, L.L.C. of the Morris County Planning Board

designated as File Number 2011-12-4-SP-7. This is an appeal on the Recordbelow. The Board will not be taking any new testimony. Initially the Board

will hear the argument of Appellant Stop & Shop followed by the argument of

Applicant Hanover Horsehill Development.”

Director Chegwidden stated, “Parties need to limit their argument to