fh meeting minutes - 2012-12-27

7/29/2019 FH Meeting Minutes - 2012-12-27

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BOARD OF CHOSEN FREEHOLDERS – DECEMBER 27, 2012

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

Morris, State of New Jersey, was held on December 27, 2012, in the Freeholder

Public Meeting Room, Administration & Records Building, Court Street,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 the 27th day of December, 2012 has been provided

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

Administration and Records Building on January 6, 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, Assistant County

Administrator Mary Jo Buchanan, County Counsel

Dan O’Mullan, Assistant County Counsel Randy Bush andClerk 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.

--

MINUTES FOR APPROVAL

All Meeting Minutes for December 12, 2012. On motion by Freeholder

Murphy and seconded by Freeholder Cabana, the meeting minutes were approved.

--

COMMUNICATIONS

1. The Chester Baseball and Softball Association is asking permission to

hang a banner across Main Street (CR 513) in Chester Borough the weeks

of January 3 and 10 to notify the public of registration for the

upcoming season.

On motion by Freeholder Murphy and seconded by Freeholder Cesaro, the




RESOLUTIONS

Freeholder Murphy introduced the following resolutions:

(1)

WHEREAS, a traffic control signal has been installed and placed into

service at the intersection of Morris Street (CR 510) and Elm

Street/Lackawanna Place in the Town of Morristown on December 17, 2012; and

WHEREAS, the traffic control signal installed must comply with the

provisions of the Manual on Uniform Traffic Control Devices and Title 39 of

the Re3vised Statutes and must conform to the design, dated February 17, 2012

entitled “Traffic Signal Plan, Morris Street/Elm Street/Lackawanna Place

Intersection Improvements, Town of Morristown,” and signal timing plan dated

February 17, 2012, shall be maintained in operation, as authorized by the

County of Morris; and

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. All prior ordinances or resolutions or portions thereof related to thesignal device of the Morris County Board of Chosen Freeholders

inconsistent herewith be and they are hereby repealed.

2. This resolution shall become effective upon adoption and publication as

required by law; and

3. That if any clause, section or provision of this resolution is declared

invalid by a Court of competent jurisdiction, such provision shall be

deemed a separate, distinct and independent provision and shall not

affect the validity of the remaining portion thereof; and

4. When the resolution is finally adopted, the Clerk to the Board is to

send a certified copy to the Town of Morristown.

--

(2)

WHEREAS, the original amount retained for Road Opening Permit #11-385

was $6,213.56 and

WHEREAS, Cary Miller has requested $4,970.85, which is 80%, be returned

to them and $1,242.71 which is 20% be retained in an interest bearing account

for three years.

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





Permit #12-304 with Reivax Contracting Corp. which Agreement is on file

in the Office of the County Engineer, Road Inspection and is made a

part hereof by reference is hereby approved and shall be entered intoby this Board.

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

affix the seal to same.

--

(4)


was $34,542.08 and

WHEREAS, Rock-GW, LLC has requested $27,633.66, which is 80%, be

returned to them and $6,908.42 which is 20% be retained in an interest

bearing account for three years.



1. The agreement dated December 27, 2012 between the County of Morris and

Rock-GW, LLC which allows the Morris County Treasurer to retain SixThousand Nine Hundred Eight Dollars and Forty Two Cents ($6,908.42) and

placed in an interest bearing account for three years on deposit for

Road Opening Permit #11-10 with Rock-GW, LLC which Agreement is on file

in the Office of the County Engineer, Road Inspection and is made a

part hereof by reference is hereby approved and shall be entered into

by this Board.



--

(5)


was $301,350.84 and







Rock-GW, LLC which allows the Morris County Treasurer to retain Sixty

Thousand Two Hundred Seventy Dollars and Seventeen Cents ($60,270.17)






--

(7)


was $161,825.53 and







Rock-GW, LLC which allows the Morris County Treasurer to retain Thirty

Two Thousand Three Hundred Sixty Five Dollars and Eleven Cents

($32,365.11) and placed in an interest bearing account for three years

on deposit for Road Opening Permit #11-07 with Rock-GW, LLC which

Agreement is on file in the Office of the County Engineer, Road

Inspection and is made a part hereof by reference is hereby approvedand shall be entered into by this Board.



--

(8)

WHEREAS, a contract was awarded on January 1, 2012 for records storage

services; and

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

contract to cover monthly billing;

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 Contract Regulations, contract modification as detailed on "Contract

Change Order Request" No. 1-49459 is hereby approved as follows:

1. Vendor: Cityside Archives Ltd499 Mill Road

Edison, NJ 08837

2. Item: Increase needed to cover monthly billing.

3. Increase in Cost: $ 600.86




2. Item: To close out construction.

3. Decrease in Cost: $-21,385.77

4. New Contract Total: $933,702.23

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 Account #04-216-55-953227-951 and

said account shall be credited.

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

execute said contract modification.

7. This resolution shall take effect immediately.

--

(10)

BE IT RESOLVED as follows:

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

Purchasing Program 1-NJCP, according to Local Public Contract Laws,

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

LABRepCo

5 Paragon Dr.

Montvale NJ 07645

Vendor #: 25197

Total Amount: $44,374.00

Line Item #: 04-216-55-951249-951

Using Agency: Engineering

NJSC#A76309

2. The Treasurer is hereby authorized to issue Certificates of

Availability of Funds.

--

(11)

WHEREAS, the Board of Chosen Freeholders (hereinafter “Freeholders”)established the Morris County Flood Mitigation Committee (hereinafter

“Committee”) by resolution dated March 14, 2012; and

WHEREAS, the Committee reviewed and evaluated CORE applications from

the Town of Boonton (hereinafter “Boonton”), in the Project Area designated

as “Harrison Street”, that were a result of national disaster #4021 –




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

Freeholders accepts the recommendation and dollar amount submitted by theCommittee and directs the Treasurer to issue a Certificate of Availability of

Funds indicating that funds in the amount of $528,710 are available from the

Morris County Dedicated Open Space Account #13-290-56-580552-888 to preserve

the herein described parcels of property in Boonton.

--

(12)

RESOLVED that the Director is hereby authorized to execute and the

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

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

Community Development.

Timothy P & Lisa M Abline

Gabriel & Annie D Grossi

Lutfiye Hacili

John K & Debra Biarsky Karros

Lorraine Kennington

Robert J Mann

James M & Alice T. McKeeverJohn J Peterson

--

(13)

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 $79,800

from the FY12 Open Space and Farmland Preservation Trust Fund to the

Township of Washington for a project entitled Block 16 – Lot 22.01.

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

any facilities under County jurisdiction, including but not limited to

sight triangle easements, bridge maintenance easements and roadway

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

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

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

by reference.

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

indicating that funds are available from the Morris County Dedicated

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




(15)


Morris in the State of New Jersey that the Director of Finance & CountyTreasurer is hereby authorized to reclassify the following balances as

follows:

FROM:

WATER/SEWER IMPROVEMENTS (O3J)

Borough of Rockaway 05/10-1065 $985.94

TOTAL $985.94

TO:

COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS

RE-HAB – SINGLE UNIT RESIDENTIAL (14A)

COUNTY HOUSING REHABILITATION PROGRAM 02/12-1155 $985.94

TOTAL $985.94

--

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

reviewed and agrees to accept a Deed of Dedication for Roadway Right of Way

in the Township of Morris (“Deed”) between Karen Kitzis, married, whose

address is 2 Van Beuren Road, Morris Township, New Jersey 07960 (Grantor) and

the County of Morris, having its principal address at Court Street, P.O. Box

900, Morristown, New Jersey 07963-0900 (Grantee) which Deed conveys property

known as Tax Block No. 7602, Lot No. 4, located in the Township of Morris,

State of New Jersey, more particularly described in the attached Deed, 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 Deed of Dedication for Roadway Right of Way in the Township of

Morris (“Deed”) between Karen Kitzis, married, whose address is 2 Van

Beuren Road, Morris Township, New Jersey 07960 (Grantor) and the County

of Morris, having its principal address at Court Street, P.O. Box 900,

Morristown, New Jersey 07963-0900 (Grantee) which Deed conveys property

known as Tax Block No. 7602, Lot No. 4, located in the Township ofMorris, State of New Jersey, more particularly described in the

attached Deed, a copy of which is on file in the Office of the Morris

County, be and is herewith accepted.

2. The Clerk of the Board shall record the Deed with the Office of the

Morris County Clerk.




To

01-203-41-716110-090

2. Resolution Number 30, adopted by the Board of Chosen Freeholders at theDecember 12, 2012 Public Meeting, is hereby rescinded.

--

(18)

With respect to recent bidding for the provision of intermittent

nursing staff needs for the Morris County Healthcare Center in Morris County,

New Jersey, a contract is hereby awarded to the most responsible bidders as

follows:

BaronHR Healthcare LLC Aequor Healthcare/Kamal Virdi White Glove Placement, Inc.

147 Columbia Turnpike,

Suite 209

377 Hoes Lane, Suite 200 85 Bartlett Street

Florham Park, NJ 07932

Vendor ID #: 11400

Cost: $450,000 (year 2013)

$450,000 (year 2014)

Total: $900,000

Piscataway, NJ 08854

Vendor ID #: 25248

Cost: $125,000 (year 2013)

$125,000 (year 2014)

Total: $250,000

Brooklyn, NY 11206

Vendor ID #: 25249

Cost: $75,000 (year 2013)

$75,000 (year 2014)

Total: $150,000

Account to be charged: 01-201-27-350100—016

Term: (two years) January 1, 2013 through December 31, 2014

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

prepared by County Counsel.

2. 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 and

2014, 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 theappropriation of sufficient funds.


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

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

--

(19)In accordance with resolution #70 approved at the January 06, 2012

Reorganization Meeting, the following emergency checks have been issued by

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

2012.

DATE CHECK NO. PAYEE ACCOUNT TO BE CHARGED AMOUNT




DATE CHECK NO. PAYEE ACCOUNT TO BE CHARGED AMOUNT

11/29/2012 25708 K & A Associates 01-201-27-345100-365 1,050.00

11/29/2012 25709 Montpelier Court Apts. LLC 01-201-27-345100-365 1,000.00

11/29/2012 25710 New Jersey Natural Gas 01-201-27-345100-368 180.56

11/29/2012 25711 Parsippany Inn 01-201-27-345100-365 150.00

11/29/2012 25712 Santos Oil 01-201-27-345100-368 537.00

11/29/2012 25713 Skytop Motel 01-201-27-345100-365 350.00

11/29/2012 25714 Starz Oil Co. 01-201-27-345100-365 613.50

11/30/2012 25715 Borough of Madison 01-201-27-345100-365 520.40

TOTAL 26,372.06

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

--

(20)

WHEREAS, the US Secretary of Transportation is authorized to make

grants for a general public transportation program of projects in other than

urbanized areas under Section 5311 of the Federal Transit Act, as amended;

WHEREAS, the Morris County Risk Management has submitted the current

“Alcohol and Drug Policy” as required by the FTA;

WHEREAS, the Morris County Board of the Chosen Freeholders approved and

signed the FTA Section 5311 application through Resolution on June 13, 2012.

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. Approve and sign the 2013 Federal Transit Administration Section 5311

contract and Addendum D “Annual Affidavit of Compliance”.

2. That the Director of Finance and County Treasurer is hereby authorized

to accept the aforesaid funds in the following accounts:

Federal $ 168,709.00 02-213-41-786315-391

State $ 84,354.50 02-213-41-786315-392

County $ 84,354.50 02-213-41-786315-394

on behalf of the County of Morris for provision of transportation

services for the rural residents of Morris County.

--

(21)

WHEREAS, the County of Morris wishes to participate in the Universal

Service Fund Program for qualified residents of Morris County; and,




BE IT RESOLVED that said contract with US Security Associates Inc., be

renewed as follows:

U.S. Security Associates Inc.

200 Masell Court

Roswell GA 30076

Term: January 1st, 2013 thru December 31st, 2014

Morris View Healthcare

Budget: 01-201-27-350100-266

Amount: $576,000.00

Dept: Sheriff’s Office

Budget: 01-201-25-270100-084

Amount: $250,000.00


Availability of Funds charging the appropriate department 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). 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.


Availability of Funds





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

--

(23)

With respect to recent bidding for pharmaceutical and related services

at the Morris County Correctional Facility, New Jersey, a contract is hereby

awarded to the most responsible bidder as follows:

Total

Contract Pharmacy Services, Inc. $700,000 (not to exceed)125 Titus Avenue

Warrington, Pennsylvania 18976

Vendor ID #: 8043

Term: January 1, 2013 through December 31, 2014

Budget: 01-201-25-280100-189

Dept: Jail




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

County of Morris in the State of New Jersey that the Director of the Boad ofChosen Freeholders as follows:


sign and execute the aforesaid Interlocal Services Agreement, a copy of

which is on file in the County Administrator’s Office and made a part

hereof by reference.

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

receive payments under the aforesaid agreement, crediting the

appropriate account.

3. This resolution shall take effect in accordance with the law.

--

(25)

With respect to recent bidding for Environmental Control and HVAC

Network 8000 Control System for Morris View Healthcare Center, a contract is

hereby awarded to the lowest bidder by negotiation as follows:

TBS Controls, LLC

6 Pearl Court Suite 6B

Allendale NJ 07401

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

Dept: Morris View Healthcare Center

Budget: 01-201-27-350110-044 – Maintenance $32,150.00

Budget: 01-201-27-350110-262 – Unanticipated $15,000.00


Availability of Funds charging the appropriate department account foramounts reflecting all liabilities to be incurred through March 31,

2013, in accordance with N.J.R. 3644, 5:34-5.3 (a) . 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 contract is awarded pursuant to a fair and open process in

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






Weldon Spring MO 63304 Amount: $11,752.52

NJSC#A43338

Verizon Information Technology

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

Harrisburg PA 17101 Amount: $12,720.67

NJSCA#66907

Atlantic Tactical Sheriff’s Office

14 Worlds Fair Drive 01-201-25-270100-059

Somerset NJ 08873 Amount: $4,454.00

NJSC#A73994

Direct Supply Inc. Morris View Healthcare

6767 N Industrial Road 04-216-55-955201-951

Milwaukee WI 53223 Amount: $5,939.99

HGP1149

Schindler Elevator Corp Morris View Healthcare

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

Morristown NJ 07960 Amount: $2,244.76

Leading Age

Emerald Professional Morris View Healthcare

285 Pierce St 01-201-27-350110-046

Somerset NJ 08873 Amount: $ 6,637.77

HGP1111

J A. Sexauer Morris View Healthcare

304 S. 20th St. 01-201-27-350110-204

Fairfield IA 52556 Amount: $1,321.78

Leading Age

Medline Industries Inc Morris View Healthcare

One Medline Place 01-201-27-350130-046

Mundeleil IL 60060 Amount: $1,401.00

BM07119

Medline Industries Inc Morris View Healthcare

One Medline Place 01-201-27-350130-046

Mundeleil IL 60060 Amount: $1,705.18BM07119

Penn-Jersey Paper Co. Morris View Healthcare

232 Solomone Avenue Split Accounts:

W Paterson NJ 07424 Amount: $8,492.89

NJHA




1. That the license agreement between the County of Morris and American

Towers LLC for the period January 1, 2013 through December 31, 2027,

for use of the Green Pond Tower site, located in Rockaway Township, NewJersey, by the County of Morris, a copy of which is on file in the

Department of Law & Public Safety and made a part hereof by reference,

is hereby approved and entered into by this Board.


sign and execute this agreement.

3. The Director of the Department of Finance and County Treasurer is

hereby authorized to make payments under the terms of the aforesaid

agreement, charging account number #01-201-25-252105-131.

--

(28)

WHEREAS, on August 13, 2008, the County of Morris entered into an

agreement with Malick & Scherer, P.C. for engineering services relative to

the replacement of County Bridges Nos. 1400-407 in Parsippany-Troy Hills Twp.

and 1400-696 in Mendham Twp; and,

WHEREAS, the original amount of the agreement was for $203,433.70 andthe term of the agreement was for the period August 13, 2008 through

February 12, 2009; and,

WHEREAS, additional work has resulted with respect to the replacement

of County Bridge No. 1400-696 in Mendham Twp due to historical issues; and,

WHEREAS, it has become necessary to amend the aforesaid agreement by

increasing the dollar amount by $30,622.00 to $234,055.70 and extending the

terms of the agreement to December 27, 2013 to cover the additional work;

and,

WHEREAS, Malick & Scherer, P.C. has agreed to perform the service; and,

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

requires that the resolution authorizing the award of contract for

“Professional Services” without competitive bidding, and the contract itself,

must be available for public inspection;

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

1. The amendment to the agreement between the County of Morris and Malick

& Scherer, P.C., One Salem Square, 295 Route 22 East, Whitehouse

Station, N.J. 08889, increasing the amount and extending the term as

set forth above, a copy of which is on file in the Office of the County




“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 14 in the amount of $864,619.38 payable to

APS Contracting, Inc. is being sent to U. S. Bank on December 28, 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.

--

(30)WHEREAS, the following Grant Fund budget appropriation balances remain

unexpended or have been reduced:

777205 Victim Witness Advocacy $ 45.15

784130 FFY08 UASI Grant Program $2,151.84

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

the Grant Agency if Morris County receives funding in excess of the

requirement of the program.

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

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

received be returned to the appropriate Grant Agency.

--

(31)WHEREAS, the below listed appropriation balance is in excess of the

requirements for 2012.

County Debt Service:

Bond Interest:

County of Morris $ .47

Park Commission $ 1.09

County College $ 1.74

State of NJ DEP Loan Payment $65,000.00Green Acres Loan Payment $ .36

Lease Note Interest $ 5.42

Lease Bond Interest $ 1.19

Total $65,010.27

BE IT HEREBY RESOLVED, that the above appropriation is hereby




(34)

BE IT RESOLVED, that in accordance with a resolution passed on

November 8, 1995, the following departments will be debited per journal entry

for the following expense.

DEPARTMENT TYPE OF DEPARTMENT

CHARGED EXPENSE AMOUNT CREDITED

01-201-27-345100-069 Printing $ 9.18 Anticipated Revenue

July – Office Services

September 2012

Temporary Assistance

01-201-22-201100-069 Printing $1,800.00 Anticipated Revenue

July – Office Services

September 2012

Weights & Measures

--

(35)

BE IT RESOLVED, that in accordance with a resolution passed on

November 8, 1995, the following departments will be debited per journal entryfor the following expenses.

DEPARTMENT TYPE OF DEPARTMENT

CHARGED EXPENSE AMOUNT CREDITED

01-201-22-201100-291 Vehicle Maintenance $1,264.45 Anticipated Revenue

July – September 2012 Public Works

Weights & Measures

01-201-41-716100-291 Vehicle Maintenance $8,449.31 Anticipated Revenue


Nutrition

01-201-27-345100-291 Vehicle Maintenance $ 128.29 Anticipated Revenue


Temporary Assistance

--(36)

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.




348200

(partial)

04/25/12 Allied Oil $1,187.37 02-213-41-

786205-392

02-213-41-

786215-391

347181

(partial)

03/28/12 Allied Oil $2,485.51 02-213-41-

786205-392

02-213-41-

786215-391

349393

(partial)

05/23/12 Allied Oil $1,913.14 02-213-41-

786205-392

02-213-41-

786215-391

350571

(partial)

06/27/12 Allied Oil $2,379.15 02-213-41-

786205-392

02-213-41-

786215-391

351531

(partial)

07/25/12 Allied Oil $1,292.25 02-213-41-

786205-392

02-213-41-

786215-391

349580

(partial)

05/23/12 Inglesino,

Pearlman,

Wyciskala &

Taylor, LLC

$1,033.90 01-201-20-

155100-051

01-201-27-

345100-325

350745

(partial)

06/27/12 Inglesino,

Pearlman,

Wyciskala &

Taylor, LLC

$1,033.90 01-201-20-

155100-051

01-201-27-

345100-325

352461 08/08/12 Inglesino,

Pearlman,

Wyciskala &

Taylor, LLC

$7,132.72 01-201-20-

155100-051

01-201-27-

345100-325

354593 09/24/12 Inglesino,

Pearlman,

Wyciskala &

Taylor, LLC

$8,895.81 01-201-20-

155100-051

01-201-27-

345100-325

--(38)


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

Treasurer is hereby authorized to reclassify the following payment as

follows:




Budget Line Item: 01-201-25-252105-078

Using Department: Law & Public Safety


Availability of Funds charging the appropriate department account

for amounts reflecting all liabilities to be incurred through March

31st, 2013, in accordance with N.J.R. 3644, 5:34-5.3(a) (2).

3. Upon final adoption of the 2013 budget, a Certificate of Availability

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

appropriation of sufficient funds.

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



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

--

(40)

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.

Route 23 Truck Center Youth Shelter

1301 Route 23 01-201-20-331110-167

Butler NJ 07405 Amount: $22,315.00Co-op#15-C Item #1A

Route 23 Truck Center Law & Public Safety

1301 Route 23 13-290-56-575801-888

Butler NJ 07405 Amount: $103,188.00

Co-op#15-C

Carman Law & Public Safety

196 S. DuPont Hwy 13-290-56-575801-888New Castle DE 19720 Amount: $54,410.00

NJSC#A82927

Day Administration

1600 Golden Mile Hwy 01-201-20-100100-167

Monroeville PA 15146 Amount: $33,322.36




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

CH51-1204 Subgrant with New Hope Foundation in the amount of $99,627; and

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

Foundation by $17,000 to $116,627;



1. The action of the Department of Human Services in executing a Subgrant

Modification Request to Subgrant #CH51-1219 (Adolescent Residential

Treatment Program) and to Subgrant #CH51-1204 (Adult Inpatient

Treatment), is hereby approved, ratified and confirmed.

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

sign and execute Subgrant Renewal Amendments to Subgrants #CH51-1219

and #CH51-1204.

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

Availability of Funds #54835 decreasing the amount of the C.A.F. by

$17,000 and crediting Account #02-213-41-757205-392 with the aforesaid

amount.


Availability of Funds #54831 increasing the amount of the C.A.F. by

$17,000, and charging Account #02-213-41-757205-392 for the increase.

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(42)

WHEREAS, there exists a need for a Nutritionist to deliver services

under the Nutrition Project; and

WHEREAS, Barbara W. Gibbons, Dietician, 20 Hillside Drive, Totowa, NJ

07512 has applied to deliver the mandated services for the County of Morris

Nutrition Project from December 31, 2012 through December 31, 2013.

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

Freeholders as follows:

That the Director of the Board of Chosen Freeholders is hereby

authorized to sign and execute the Affiliation Agreement with the above

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

Human Services and made part hereof by reference.

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






sign and execute the aforesaid grant application and contract,

including the Document Verification, Standardized Board Resolution

Form, Source Disclosure Certification and Business Associate Agreement.

2. The County Treasurer is hereby authorized to sign the aforesaid grant

application and contract and accept the aforesaid funds, crediting

account 02-213-41-754310-392.

3. The Director of Human Services is hereby authorized to sign related

grant contract documents as required.

4. Resolution Number 32, adopted by the Board of Chosen Freeholders at theDecember 12, 2012 Public meeting, is hereby rescinded.

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(44)

WHEREAS, a contract was awarded on February 22, 2012 for election

ballot design, printing and machine certification for the Superintendent of

Elections Office; and


contract to provide for setup and certification of voting machines for the

School Board Election, which was not provided for under the current contract

for the November General Election;



Public Contracts Regulations, contract modification as detailed on "Contract


1. Vendor: Election Graphics, Inc.9242 Kennedy Boulevard

North Bergen, NJ 07047

2. Item: Setup and certification of voting machines for the School

Board Election

3. Increase in Cost: $ 17,339.40





said account shall be charged.




1. The amendment to the agreement between the County of Morris and

Nisivoccia and Company, LLP, 200 Valley Road, Suite 300, Mt. Arlington,

N.J. 07856, increasing the amount as set forth above, a copy of which

is on file in the Office of the County Purchasing Agent and made a part

hereof by reference, is hereby approved and entered into by this Board.


sign and execute this amendment, conditioned upon the contractor’s

compliance with the requirements set forth in paragraph 4 below.


Availability of Funds #49511, reflecting the increase in the amount of

the aforesaid agreement to $259,652.00 and charging the accounts asfollows for the respective amounts:

02-213-41-742005-391 $ 5,366.83

02-213-41-742020-391 $ 5,560.79

02-213-41-742010-391 $ 14,372.38

15-290-56-582000-888 $ 8,600.00

16-290-56-583000-888 $ 8,500.00

01-203-41-716110-391 $ 1,850.00

01-203-20-135100-024 $ 8,990.00


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

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

the law.

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(46)

BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morristhat the following noted amounts be and they are hereby transferred from the 2011

Appropriation Reserve Budget to:

2011 Contracts Payable

Group Insurance, Other Expenses $1,150,000.00

Salary Adjustment 275,000.00

County Library, Other Expenses 217.51

County Jail, Salaries & Wages 125,000.00

County Jail, Other Expenses 441.00

County Counsel, Other Expenses 150.00

Communication Center, Other Expenses 1,870.00

Total $1,552,678.51

Accumulated Absence Account as dedicated under the provisions of N.J.A.C. 5:30-15,




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

contract to reduce CAF to make funds available for other payments to me made

through December 2012 (diapers);





1. Vendor: Sodexo, Inc.

86 Hopmeadow Street

Simsbury, CT 06089

2. Item: Make funds available for other payments through

December 2012 (diapers).

3. Decrease in Cost: $ -30,000.00

4. New Contract Total: $2,430,000.00




said account shall be credited.




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(48)WHEREAS, a contract was awarded on January 1, 2012 for laundry

services; and

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

contract to reduce CAF to make funds available for other payments to me made

through December 2012;





1. Vendor: Sodexo, Inc.

86 Hopmeadow Street

Simsbury, CT 06089




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

requires that the resolution authorizing the award of contract for

“Professional Services” without competitive bidding, and the contract itself,

must be available for public inspection;



1. The amendment to the agreement between the County of Morris and Classic

Hair Care, LLC, 3 Eves Drive, Suite 305, Marlton, New Jersey 08053,

increasing the amount as set forth above, a copy of which is on file in

the Office of the County Purchasing Agent and made a part hereof byreference, is hereby approved and entered into by this Board.


sign and execute this amendment, conditioned upon the contractor’s

compliance with the requirements set forth in paragraph 4 below.


Availability of Funds #65954, reflecting the increase in the amount of

the aforesaid agreement to $82,000.00 and charging account #01-201-27-

350135-036 for the increase.



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

the law.

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(50)WHEREAS, a contract was awarded on January 1, 2012 for kitchen

equipment repair; and


contract to cover costs to repair kitchen meal production equipment;





1. Vendor: ACME American Repairs, Inc.

99 Scott Avenue

Brooklyn, NY 11237




1. Vendor: Cablevision of Morris

200 Jericho Quadrangle

Jericho, New York 11753

2. Item: Digital Broadcast Services

3. Increase in Cost: $ 12,000.00




availability of funds is as listed in Account #01-201-27-350135-036 andsaid account shall be credited.




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(52)

In accordance with N.J.S.A. 40A:11-5, a contract is hereby awarded, for

the provision of maintenance to proprietary computer software for the Tax

Board, to:

Microsystems-NJ Com, LLC

985 Route 202-206

Bridgewater, NJ 08807

Vendor ID: 14544

Amount: $32,000.00

Budget Line Item: 01-203-20-150100-040 ($ 7,183.84)01-201-20-150100-040 ($24,816.16)

Using Department: Tax Board

Terms: Support through December 2012.

1 The Treasurer is hereby authorized to issue a Certificate of










Line Item #: 01-201-26-310100-299

Using Agency: Buildings & Grounds

Terms: 90 days, from May 6th, 2013 through August 3rd.








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(55)

WHEREAS, a number of Hurricane Irene storm expenses were originally

charged to the Morris County Insurance Fund while the expenses were reviewed

for coverage from either FEMA or third party insurance policies , and

WHEREAS a number of expenses have been found not to be eligible for

coverage and must be charged to the County budget


Morris, New Jersey, that a check be processed from the County of Morris to

the County of Morris Insurance Fund charging the following departmental

budgets, the detail of which is on file in the Treasurer’s office

Departmental Budget Amount

2011 Buildings and Grounds O/E $ 14,449.462011 Emergency Management O/E 4,464.44

2011 Sheriff O/E 4,100.75

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(56)

WHEREAS, there exists a need for Registered Municipal and Certified

Public Accountants to practice in the State of New Jersey, to provide

professional auditing services for 2013 and 2014 and on an as needed basis

for the County of Morris, New Jersey; and

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

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

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

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




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.


execute said agreement conditioned upon the contractor’s compliance

with the requirements set forth in paragraph 6 below.


Availability of Funds charging the appropriate account for amounts

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

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

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

Funds shall be issued for the remaining balance subject to the

appropriation of sufficient funds.

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



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(57)

WHEREAS, there exists a need to provide General Counsel/Litigation

Management Services on an as-needed basis to the Morris County Insurance Fund

(MCIF); and

WHEREAS, the estimated amount of the contract to be awarded shall be at

the rate of $120.00 per hour; and

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

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

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

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


1. An agreement between the County of Morris and

John P. Inglesino, Esq.

Inglesino, Pearlman, Wyciskala & Taylor, LLC

600 Parsippany Road, Suite 204

Parsippany, NJ 07054

Account to be charged: Insurance Fund

Term: January 1, 2013 through December 31, 2013




consider Stop and Shop’s appeal of the September 25, 2012 Morris County

Planning Board (“Planning Board”) report designated DR 2011-12-4-SP-7 which

granted site plan approval for Hanover and Horsehill Development, L.L.C.

(“ShopRite”) concerning a project at the north west corner of County

Route 650 (“East Hanover Avenue”) and Horsehill Road, Hanover Township,

Morris County, New Jersey; and

WHEREAS, pursuant to N.J.S.A. 40:27-6.9 the Freeholders gave notice

pursuant to the statute and the Board scheduled a hearing to consider the

Stop and Shop appeal during the Board’s Wednesday, November 28, 2012 regular

Freeholder meeting; and

WHEREAS, during the Board’s November 28, 2012 regular meeting, theFreeholders conducted a public hearing pursuant to the foregoing statute; and

WHEREAS, the November 28, 2012 public hearing conducted by the

Freeholders was transcribed, which includes the following information:

APPEARANCES:

GIBBONS, P.C., One Gateway Center, Newark, New Jersey 07102-5310

BY: NANCY A LOTTINVILLE, ESQ.

Attorney for the Appellant, Stop and Shop Supermarket Company, L.L.C.

INGLESINO, PEARLMAN, WYCISKALA & TAYLOR, L.L.C.

600 Parsippany Road, Suite 204, Parsippany, New Jersey 07054-3715

BY: JOHN P. WYCISKALA, ESQ.

Attorney for the Applicant, Hanover and Horsehill Development, L.L.C.

INDEX OF RECORD/EXHIBITS/TRANSCRIPT

NUMBER DESCRIPTION

C-1 Index of Documents marked 1-103 with Addendum (white binder

and box with oversized exhibits). Posted on the Morris County

Website on Friday, 11/16/12, and distributed to the Board of

Chosen Freeholders on Wednesday, 11/21/12.

C-2 Friday, 11/9/12 email of W. Randall Bush establishing the time

schedule and procedure of this appeal.

C-3 11/14/12 Certification of Service prepared by Shona Reid.

C-4 11/16/12 Affidavit of Publication.

C-5 11/16/12 correspondence and attached Memorandum of Law by

Howard Geneslaw, Gibbons, P.C. Distributed to the Board of




retail use of this magnitude will cause an overall intensification of

use of the property (C-1.1)1

2. On July 22, 2011 an application was filed by ShopRite with the Planning

Board (C-1.1). The Planning Board’s review of the ShopRite application

spanned fifteen months from July 22, 2011 through October 18, 2012

(C-1.89). During the fifteen month review process ShopRite submitted a

series of revised plans to the Planning Board in response to the

ongoing Planning Board staff review. The Planning Board issued six (6)

reports which withheld Morris County Site Plan approval to the ShopRite

application (C-1.8, C-1.12, C-1.27, C-1.34, C-1.56, C-1.70).

3. There are currently two driveways proposed from ShopRite’s site ontoEast Hanover Avenue. On August 22, 2011 the County issued a review

letter to ShopRite to prohibit left turns out of the main driveway of

the site (C-1.8). As result of C-1.8, ShopRite amended its plans to

prohibit left turns out of the main driveway (eastern) of the site.

Left turns from the westernmost driveway were approved by the County

pursuant to the September 27, 2011 Land Development Review (“LDR”)

letter (C-1.12) and pursuant to the September 28, 2011 email from

Assistant Morris County Engineer Christopher Vitz (C-1.13). Exhibit

C-1.12 states the reasons for allowing left hand turns at the site.

4. The East Hanover Avenue Corridor Traffic Study (“Study”) is

investigating transportation improvements on East Hanover Avenue,

including the intersection at the ShopRite site (C-1.95 through C-

1.103). Members of the Study include Steven Hammond, County Engineer,

and Christine Marion, Morris County Planning Director. As part of the

ongoing Study, the ShopRite traffic plan was specifically included in

the Study and discussed at Technical Meeting No. 3 on May 3, 2012

(C-1.101).

5. The ShopRite traffic plan included in the Study reveals that the

current intersection at the site operates at the lowest traffic service

level F (C-1.3). The ShopRite traffic improvements proposed will

enhance the safety and efficiency at the site with an improved level of

service. One hundred percent (100%) of the cost of the traffic

improvements will be paid by ShopRite at no cost to Morris County.

Stop and Shop did not dispute ShopRite’s traffic improvement

contribution and improved level of service (T-33 through T-34).

6. The February 2012 Draft Report of the Study (C-1.103) specifically

addresses the ShopRite traffic improvements at pages 23 and 41 of the

report.

7. Pursuant to N.J.S.A. 40:27-6.6, the Planning Board was precluded from

withholding approval of ShopRite’s application pending completion of




10. The Planning Board’s staff and the Morris County Land Development

Review Committee (“LDRC”) received and reviewed significant information

from Stop and Shop for consideration prior to the issuance of the

September 25, 2012 site plan approval. Specifically, on June 12, 2012the LDRC considered Stop and Shop’s professional presentation (C-1.37).

On June 12, 2012, Stop and Shop’s traffic consultant submitted data for

consideration (C-1.37a). On June 28, 2012, Christine Marion

corresponded with Nancy Lottinville, Esq. and addressed a number of

items raised by Ms. Lottinville (C-1.44). The July 19, 2012 Planning

Board meeting minutes recite that Stop and Shop’s presentation to the

LDRC on June 12, 2012 (C-1.93c). The June 12, 2012 LDRC meeting notes

specifically refer to the Stop and Shop presentation (C-1.94b). Stop

and Shop was afforded the opportunity to present information,documentation and input which was received and responded to by the

Planning Board as recognized in the foregoing items of the Record.

11. Given the proposed multiple uses of the site, the ShopRite project was

classified as a shopping center by the applicant, which was accepted by

Hanover Township and the County for traffic generation and roadway

improvements (C-1.1i) The proposed right of way with improvements

submitted by ShopRite meet the requirements of the County Engineer and

County Land Development Standards as depicted on C-1.74 and C-1.75.

The ShopRite right of way with improvements were approved and reflected

in the September 25, 2012 Planning Board site plan approval (C-1.83).

12. The Planning Board accomplished the review of the ShopRite application

pursuant to the County Planning Act (N.J.S.A. 40:27-6). The Township

of Hanover and its Planning Board has no jurisdiction over County

roadway improvements. Therefore, the review of improvements to East

Hanover Avenue is exclusively under the jurisdiction of Morris County.

13. Pursuant to N.J.S.A. 40:27-6.6(c) entitled “Site Plan Standards”,ShopRite’s construction plans were exclusively within the review and

authority of the Morris County Engineer as a coordinated review with

the Planning Board. Since the applicant has met all of the

requirements of the Morris County Land Development Standards pursuant

to (C-1.83), the Planning Board was required to approve the ShopRite

plan pursuant to N.J.S.A. 40:27-6.7.

BE IT FURTHER RESOLVED based on the foregoing determinations, the

Freeholders, on a de novo review of the record, exhibits and transcript of

the Stop and Shop appeal, hereby affirms the September 25, 2012 Planning

Board Report 2011-12-4-SP-7 granting site plan approval to the ShopRite

project which determined that the plan complies with Morris County Land

Development Review standards; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be




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, Murphyand Director Chegwidden (7)

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ADJOURNMENT

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

seconded by Freeholder Cesaro the meeting was adjourned at 7:45 p.m.

Respectfully submitted,

Diane M. Ketchum

Clerk of the Board