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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
A regular meeting of The Board of Chosen Freeholders of the County of
Morris, State of New Jersey, was held on September 26, 2011, in the Borough
of Mendham, Garabrant Center, 4 Wilson Street. The meeting began at
7:30 p.m.
Clerk of the Board Diane M. Ketchum announced that adequate notice of
this meeting held this 26
th
day of September has been provided throughresolution adopted by this Board at its regular meeting held at the
Administration and Records Building on June 8, 2011 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 this Clerk of this
Board.
ROLL CALL
PRESENT: Freeholders Gene Feyl, Ann Grossi, Thomas Mastrangelo,
Margaret Nordstrom and Acting Director John Murphy (5)
ABSENT: Freeholder Cabana and Director William Chegwidden (2)
ALSO PRESENT: County Administrator John Bonanni, Assistant CountyAdministrator Mary Jo Buchanan, 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 Mendham Mayor and Council
--
MINUTES FOR APPROVAL
All September 14, 2011 Minutes of the Board of Chosen Freeholders
On motion by Freeholder Nordstrom and seconded by Freeholder Feyl the
meeting minutes were approved.
--
COMMUNICATIONS
1. The Dover Renaissance Five Kilometer Run group is asking permission to
close a portion of Blackwell Street and South Salem Street in Dover and
Rockaway Township from 8:30 a.m. to 9:45 a.m. on Saturday, December 3
for the 19th Annual Dover Renaissance 5K Run.
2. The New Jersey Center for Tourette Syndrome and Associated Disorders is
asking permission to hang a banner across Route 24/510 in Mendham
Township from October 24 to November 4 to publicize an upcoming
fundraiser “New Jersey Walks to Tourette Syndrome.”
Request from Road Inspection Supervisor for the following road opening
permit:
3. 11-17 - Public Service Electric and Gas to open Park Avenue in Florham
Park to relocate a gas main.
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
Freeholder Nordstrom stated: “I would like to introduce by title an
ordinance entitled, ‘BOND ORDINANCE OF THE COUNTY OF MORRIS, NEW JERSEY,
APPROPRIATING $2,000,000 AND AUTHORIZING THE ISSUANCE OF $1,900,000 BONDS OR
NOTES OF THE COUNTY FOR VARIOUS BRIDGE, ROAD AND FACILITY IMPROVEMENTS
RELATING TO HURRICANE IRENE, BY AND FOR THE COUNTY OF MORRIS, NEW JERSEY.’”
Freeholder Feyl stated: “I second the motion.”
The Clerk called and recorded the following vote:
YES: Freeholders Feyl, Grossi, Mastrangelo, Nordstrom
and Acting Director Murphy (5)
ABSENT: Freeholder Cabana and Director Chegwidden (2)
Freeholder Nordstrom moved that the Clerk be authorized to publish the
Ordinance in summary form in the local newspaper together with the notice of
public hearing and consideration of final passage of this Ordinance which
will take place at the Freeholder meeting to be held in the Administration
and Records Building, Fifth Floor, Court Street, Morristown, New Jersey, on
October 12 at 7:30 p.m.
Freeholder Feyl stated: “I second the motion,” which passed with five
YES votes.
--
(2)
Acting Director Murphy stated: “We will now consider the introduction
by title an ordinance.”
Freeholder Nordstrom stated: “I would like to introduce by title an
ordinance entitled, ‘GUARANTY ORDINANCE SECURING THE MORRIS COUNTY
IMPROVEMENT AUTHORITY’S COUNTY OF MORRIS GUARANTEED LOAN REVENUE REFUNDING
BONDS, SERIES 2011 (POOLED ERI UNFUNDED LIABILITY PROJECT) [Federally
Taxable] AND NOTES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED$7,000,000.’”
Freeholder Feyl stated: “I second the motion.”
The Clerk called and recorded the following vote:
YES: Freeholders Feyl, Grossi, Mastrangelo, Nordstrom
and Acting Director Murphy (5)
ABSENT: Freeholder Cabana and Director Chegwidden (2)
Freeholder Nordstrom moved that the Clerk be authorized to publish the
Ordinance in summary form in the local newspaper together with the notice of
public hearing and consideration of final passage of this Ordinance whichwill take place at the Freeholder meeting to be held in the Administration
and Records Building, Fifth Floor, Court Street, Morristown, New Jersey, on
October 12 at 7:30 p.m.
Freeholder Feyl stated: “I second the motion,” which passed with five
YES votes.
--
PUBLIC PORTION
Liz Sutula, Wharton resident and employee of the County of Morris,
complimented the Morris View Healthcare Center for the excellent care they
are providing her mother. Ms. Sutula also thanked Frank Pinto and his familyfor taking care of the Morris View patients during Hurricane Irene and is
pleased with the cooperative spirit of the county. She is proud to be a
C f i l
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
matter of the following client(s), and Clerk shall deliver the same to
Community Development.
Semoy E Freeman
--
(2) RESOLVED, that the Director is hereby authorized to execute and the
Clerk shall certify, attest and affix the seal to the Cancellation of
Mortgage in the matter of the following client and the Clerk shall deliver
the same to Community Development.
Charles Diaz
--
(3)
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.
Mary L Finnegan
Eleanor Arline Healion
Helen Yansa
--
(4)
BE IT RESOLVED, by the Board of Chosen Freeholders of the County of
Morris in the State of New Jersey as follows:
1. That the County of Morris hereby awards a grant of $10,080 from the
FY 2011 Open Space and Farmland Preservation Trust Fund to Butler
Borough for a project entitled Butler Railroad Station.
2. That the Director of the Board of Chosen Freeholders is hereby
authorized to sign and execute an agreement to expire on September 25,
2013 for the aforesaid grant, and the Clerk to attest to the same, a
copy of which is on file in the office of the Department of Planning &
Development and made a part hereof by reference.
3. That the Treasurer issue a Certificate of Availability of Funds
indicating that funds are available from the Morris County Dedicated
Open Space Account #13-290-56-580-552-888 and process payment to the
grantee as directed by the office of the Department of Planning &
Development, all in accordance with this resolution.
--
(5)BE IT RESOLVED, by the Board of Chosen Freeholders of the County of
Morris in the State of New Jersey as follows:
1. That the County of Morris hereby awards a grant of $16,000 from the
FY 2011 Open Space and Farmland Preservation Trust Fund to St. Peter's
Episcopal Church for a project entitled St. Peter's Episcopal Church.
2. That the Director of the Board of Chosen Freeholders is hereby
authorized to sign and execute an agreement to expire on September 25,
2013 for the aforesaid grant, and the Clerk to attest to the same, a
copy of which is on file in the office of the Department of Planning &
Development and made a part hereof by reference.
3. That the Treasurer issue a Certificate of Availability of Funds
indicating that funds are available from the Morris County Dedicated
#13 290 56 580 552 888 d h
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
$2,048,896 in Community Development Block Grant program funds
$ 99,417 in Emergency Shelter Grant program funds
$1,030,692 in HOME Investment Partnerships program funds, and,
WHEREAS, the U.S. Department of Housing and Urban Development requires
grant agreements and certifications to be executed prior to the release of
funds;
NOW THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders of
the County of Morris, in the State of New Jersey, being the governing body
thereof, as follows:
1. The action of the Freeholder Director of the County of Morris and such
other appropriate and responsible officials in authorizing and
executing the above grant agreements is hereby approved, ratified and
confirmed
2. The Director of the Board of Chosen Freeholders and such other
responsible and appropriate officials are hereby authorized to execute
such additional certifications relative to the above as may be required
under the Rules and Regulations of the U.S. Department of Housing andUrban Development.
3. The Director of Finance and County Treasurer is hereby authorized to
accept the above funds, crediting the appropriate accounts and issue
appropriate Certificates of Availability of Funds per this resolution.
--
(7)
BE IT RESOLVED, that the action of the Department of Law & Public
Safety in submitting a grant application to the National Association of
County and City Health Officials (NACCHO) for a 2011–2012 MRC Capacity
Building Award of $5,000.00 in support of Medical Reserve Corps volunteers,
is hereby approved, ratified and confirmed.
BE IT FURTHER RESOLVED, that the Director of Finance and County
Treasurer is hereby authorized to accept the aforesaid funds, crediting the
appropriate account.
--
(8)
WHEREAS, on December 8, 1999, the County of Morris entered into a
Professional Services Agreement with Parsons Transportation Group dba Parsons
for $284,467.00 for the period January 3, 2000 through April 4, 2001, for
engineering services regarding a scoping study to replace County Bridge
#1400-073, the Landing Road Bridge in Roxbury Township; and,
WHEREAS, on July 12, 2006, the aforesaid agreement was modified byincreasing the amount of the agreement by $18,652.65 to $303,119.65 and
extending the term of the agreement to November 30, 2006; and,
WHEREAS, it has again become necessary to increase the dollar amount of
the aforesaid agreement by $93,948.15 to a new contract maximum of
$397,067.80, and to extend the term of the agreement to June 30, 2012; and,
WHEREAS, Parsons Transportation Group dba Parsons has agreed to perform
the aforesaid services; 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;
b h d f h h ld f
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
3. The Treasurer is hereby authorized to issue an amended Certificate of
Availability of Funds #20001401, increasing the C.A.F. by the aforesaid
amount and extending the term of the C.A.F. as above, charging account
#04-216-55-953225-909 for the increase.
4. An official notice of this action shall be published in accordance with
the law.
--
(9)
WHEREAS, the Board of Chosen Freeholders of the County of Morris in the
State of New Jersey has authorized the Municipal Alliance funding allocation
from the Governor’s Council on Alcoholism and Drug Abuse to provide prevention
and education services on alcohol and drug abuse by the 29 Municipal Alliance
Committees representing 34 municipalities; and,
WHEREAS, a Request for Proposal Application for these funds has been
announced and distributed by the Morris County Department of Human Services;
and,
WHEREAS, the following Municipal Alliance Committees in the County ofMorris have been recommended by the Mental Health/Substance Abuse Advisory
Board for these funds:
Municipality Funding Amount
Boonton, Town of $ 11,535
Boonton, Township of 7,533
Butler Borough 9,057
Chatham, Borough/Township 17,942
Chester, Borough/Township 14,324
Denville, Township of 13,062
Dover/Victory Gardens 28,161
East Hanover, Township of 10,878
Hanover, Township of 11,172Harding, Township of 6,746
Jefferson, Township of 15,587
Kinnelon, Borough of 9,292
Lincoln Park, Borough of 11,064
Long Hill, Township of 8,519
Madison, Borough of 11,774
Mendham, Borough/Township 14,764
Montville, Township of 14,800
Morris Plains, Borough of 10,868
Morristown/Morris Township 44,079
Mount Olive, Township of 17,728
Netcong, Borough of 8,573
Parsippany/Troy Hills 28,901
Pequannock, Township of 12,182Randolph, Township of 18,005
Rockaway, Borough of 11,955
Rockaway, Township of 17,777
Roxbury, Township of 16,931
Washington, Township of 13,103
Wharton, Borough of 11,896
Countywide Training by DHS 38,120
Total $466,328
NOW, THEREFORE BE IT RESOLVED, by the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey that the aforesaid
recommendations are endorsed for review and approval by the Governor’sCouncil on Alcoholism and Drug Abuse.
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
NOW THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders of
the County of Morris, in the State of New Jersey, being the governing body
thereof, as follows:
1. The Freeholder Director of the County of Morris and such other
appropriate and responsible officials are hereby authorized and
directed to execute on behalf of the County of Morris such grantagreement as may be required under the Rules and Regulations of the
U.S. Department of Housing and Urban Development.
2. The Director of Finance and County Treasurer is hereby authorized to
accept the above funds, crediting the appropriate accounts and issue
appropriate Certificates of Availability of Funds per this resolution.
--
(11)
WHEREAS, on August 25th, 2010 by Resolution #39 a contract for Boiler
Services for Various County Buildings, for Buildings & Grounds was awarded to
the lowest responsible bidder, Manhattan Welding Inc. and,
WHEREAS, the specifications provided an option for renewal for one yearand,
WHEREAS, it is in the best interest of the County to exercise said
option, now therefore,
BE IT RESOLVED that said contract with, Manhattan Welding Inc. be
renewed as follows:
Manhattan Welding Inc.
1434 Chestnut Avenue
Hillside NJ 07205
Term: September 1st, 2011 thru August 31st, 2012
Budget: 01-201-26-310100-264Amount: $30,000.00
Dept: Buildings & Grounds
1. The Treasurer is hereby authorized to issue a Certificate of
Availability of Funds charging the appropriate department account for
amounts reflecting all liabilities to be incurred through March 31,
2012, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2). 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.
2. The Purchasing Agent is hereby authorized to execute said contract as
prepared by County Counsel.
3. This resolution shall take effect immediately.
--
(12)
WHEREAS, on November 10th, 2010 by Resolution #24 a contract for Ultra
Low Sulfur Diesel , for Motor Service Center was awarded to the lowest
responsible bidder, National Fuel Oil Inc. 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, National Fuel Oil Inc. be
d f ll
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
amounts reflecting all liabilities to be incurred through March 31,
2012, 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.
2. The Purchasing Agent is hereby authorized to execute said contract asprepared by County Counsel.
3. This resolution shall take effect immediately.
--
(13)
With respect to recent bidding for Plumbing Supplies for Buildings &
Grounds, a contract is hereby awarded to the lowest responsible bidder as
follows:
Interline Brands Inc.
701 San Marco Blvd.
Jacksonville FL 32207
Term: October 1st, 2011 thru September 30th, 2012Amount: $50,000.00
Dept: Buildings & Grounds
Split Budget Line Item: 01-201-26-310100-235
1. The Treasurer is hereby authorized to issue a Certificate of
Availability of Funds charging the appropriate department account for
amounts reflecting all liabilities to be incurred through March 31,
2012, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2). 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.
2. The Treasurer is hereby authorized to issue a Certificate ofAvailability of Funds
3. The Purchasing Agent is hereby authorized to execute said contract as
prepared by County Counsel.
4. This resolution shall take effect immediately.
--
(14)
WHEREAS, a payment was made to NewBridge Services, Inc, and needs to be
reclassified;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey authorizes the CountyTreasurer to reclassify the following payment accordingly:
Vender Check # Date Amount
NewBridge Services, Inc. 334910 05/11/11 $2,419.00
From To
01-201-41-759000-063 01-201-27-342000-483
Vender Check # Date Amount
NewBridge Services, Inc. 339254 08/24/11 $1,111.00
From To
01-201-27-342000-483 01-201-41-759000-063
BE IT FURTHER RESOLVED, that Resolution #22, adopted at the Freeholder
M ti f A t 24 2011 i h b i d d
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
WHEREAS, the Morris County Board of Chosen Freeholders has submitted
the 2008 Human Services Transportation Coordination Plan to NJ Transit,
highlighting transportation coordination goals which includes the long term
goal;
NOW, THEREFORE, BE IT RESOLVED BY Morris County Board of Chosen
Freeholders:
1. The action of the Department of Human Services in submitting the
Veterans Transportation and Community Living Initiative grant
application to the Federal Transit Administration for a grant of
$543,000.00 with a local match of $135,750.00, is hereby approved,
ratified and confirmed.
2. That the action of Theresa A. Davis, Director, Morris County Division
on Aging, Disabilities and Veterans’ in submitting the application
electronically as specified in the Notice of Funding Availability, is
approved, ratified and confirmed and she is authorized to execute the
necessary contractual agreements on behalf of the County of Morris.
3. That the Director of Finance and County Treasurer is hereby authorizedto accept the aforesaid funds, crediting the appropriate account.
--
(16)
With respect to recent bidding for the provision of Laundry Services at
the Morris County Healthcare Facility in Morris County, New Jersey, a
contract is hereby awarded to the sole responsible bidder as follows:
Sodexo Operations, LLC
9801 Washingtonian Boulevard, Suite 434
Gaithersburg, MD 20878
Term: Two Years; January 1, 2012 through December 31, 2013
Total cost year 1 & 2: $2,460,000.00 (not to exceed)Account #: 01-201-27-350125-036
Dept: Morris View Healthcare Center
1. The Treasurer is hereby authorized to issue a Certificate of
Availability of Funds charging the appropriate account for amounts
reflecting all liabilities to be incurred through March 31, 2012 and
2013, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2).
2. Upon final adoption of the budget, a Certificate of Availability of
Funds shall be issued for the remaining balance subject to the
appropriation of sufficient funds.
3. The Purchasing Agent is hereby authorized to execute said contract as
prepared by County Counsel.
4. This resolution shall take effect immediately.
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
--
(17)
WHEREAS, the County is cooperating with the New Jersey Department of
Transportation Planning Assistance Unit to perform a traffic corridor study
for East Hanover Avenue between Speedwell Avenue and Route 24 in the Borough
of Morris Plains and the Township of Hanover and Morris Township.
WHEREAS, the cost of this study is being bourne by the NJDOT at no cost
to the County, or Municipalities.
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
(18)
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN NJDOT AND THE COUNTY
OF MORRIS FOR THE CONSTRUCTION OF BRIDGE NO. 1401-202 ON MIDDLE VALLEY ROAD
OVER THE SOUTH BRANCH OF THE RARITAN RIVER IN THE TOWNSHIP OF WASHINGTON
WHEREAS, Federal Funds are available for Local-Lead Transportation
Improvement Program Projects; and
WHEREAS, the New Jersey Department of Transportation has prepared a
Cost Reimbursement Agreement, No. 2011-DT-BLA1-11, for a total amount of Two
Million Three Hundred Thirty Two Thousand Three Hundred Thirty Dollars
($2,332,330.00); and
WHEREAS, the County of Morris has reviewed Agreement No. 2011-DT-BLA1-
11 and accepts the terms and conditions of the Agreement;
NOW, THEREFORE BE IT RESOLVED that the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey does hereby authorize the
Director and the Clerk of the Board to execute Agreement No. 2011-DT-BLA1-11
with the New Jersey Department of Transportation.
--
(19)
WHEREAS, on December 8th, 2010 by Resolution #28 a contract for Rock
Salt, for Morris County Road was awarded to the lowest responsible bidder,
International Salt Co., LLC 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, International Salt Co., LLC berenewed as follows:
International Salt Co., LLC
655 Northern Blvd.
Clarks Summit PA 18411
Term: January 1st, 2012 thru December 31st, 2012
Budget: 01-201-26-290100-242
Amount: $999,189.00
Dept: Road Department
1. The Treasurer is hereby authorized to issue a Certificate of
Availability of Funds charging the appropriate department account for
amounts reflecting all liabilities to be incurred through March 31,
2012, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2). Upon finaladoption of the budget, a Certificate of Availability of Funds shall be
issued for the remaining balance subject to the appropriation of
sufficient funds.
2. The Purchasing Agent is hereby authorized to execute said contract as
prepared by County Counsel.
3. This resolution shall take effect immediately.
--
(20)
With respect to recent bidding for Labor Rates for Painting and Related
Work for Morris County Facilities, a contract is hereby awarded to the lowestresponsible bidder as follows:
h ’ i i
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
amounts reflecting all liabilities to be incurred through March 31,
2012, 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.
2. The Treasurer is hereby authorized to issue a Certificate ofAvailability of Funds
3. The Purchasing Agent is hereby authorized to execute said contract as
prepared by County Counsel.
4. This resolution shall take effect immediately.
--
(21)
BE IT RESOLVED as follows:
1. The County of Morris wishes to purchase goods and services from the
following authorized vendors under the State of New Jersey Cooperative
Purchasing Program 1-NJCP, in accordance with Local Public ContractLaws, N.J.S.A 40A:11-11 and N.J.S.A40A: 11-12.
Stempler Drapery & Carpet Morris View Healthcare
500 Hillside Avenue 01-201-27-350110-038
Hillside NJ 07205 Amount: $14,744.16
NJSC#A67367
NETQ Buildings & Grounds
P O Box 1092 04-216-55-953226-951
Jackson NJ 08527 Amount:$ 5,533.00
NJSC#A42299
Consolidated Steel Buildings & Grounds316 North 12th Street 04-215-55-953052-951
Kenilworth NJ 07033 Amount: $16,591.00
NJSC#A74881
Goodyear Auto Service Motor Service Center
740 RT 46 01-201-26-315100-245
Parsippany NJ 07054 Amount: $2,976.38
NJSC#A71688
State of NJ Morris View Healthcare
P O Box 234 01-201-27-350115-185
Trenton NJ 08625 Amount: $3,950.78
T0038
Allstate Office Interior Buildings & Grounds
3836 Quakerbridge Rd 04-216-55-953241-951
Hamilton NJ 08619 Amount: $7,029.50
NJSC#A65752
Tilcon New York Inc. Road Division
P O Box 517 01-201-26-290100-222
Wharton NJ 07885 Amount: $2,547.81
Co-op#5
Kyocera /Mita America Inc. Morris View Healthcare
Electronic Systems Inc. 01-201-27-350100-164
Fairfield NJ 07004-0008 Amount: $5,157.46NJSC#a53090
S hi dl l C i i l h
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
Hillsborough NJ 08844 Amount: $99,477.43
NJSC#A67103
01-201-31-430100-140 $69,787.30
01-201-22-201100-140 $ 1,478.15
01-201-26-290100-140 $ 8,164.64
01-201-27-350100-140 $ 1,219.23
01-201-41-716100-140 $ 5,271.5602-213-41-786105-392 $13,388.34
02-213-41-742005-391 $ 168.21
--
(22)
WHEREAS, there exists a need for the provision of Social Work Services
for the residents of the Morris View Healthcare Facility, located at 540 West
Hanover Avenue, Morris Plains, 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 theCounty of Morris in the State of New Jersey as follows:
1. An agreement between the County of Morris and
Family Service of Morris County
62 Elm Street
Morristown, NJ 07960
Amount: $521,000 (not to exceed)
Account #: 01-201-27-350100-036
Term: Two Years; September 1, 2011 through August 31, 2013
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, ishereby 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 conditioned upon the contractor’s compliance
with the requirements set forth in paragraph 6 below.
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, 2012 and
2013, 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.
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.
--
(23)
BE IT RESOLVED, by the Board of Chosen Freeholders of the County of
Morris, in the State of New Jersey, that the Director of the Board of Chosen
Freeholders is hereby authorized to sign and execute Modification #4 to
Subgrant Agreement #STASHUT-10M-JARC, on behalf of the Morris/Sussex/Warren
Employment & Training Services with State Shuttle, Inc., extending the enddate of the contract to September 1, 2011 and increasing the contract by
$2,320.79, from $349,170.34 to a new total of $351,491.13.
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
1. That the Director of the Board of Chosen Freeholders is hereby
authorized to sign and execute Subgrant Agreement #STASHUT-12M-JARC on
behalf of the Morris/Sussex/Warren Employment & Training Services with
State Shuttle Inc., in the amount of $ 181,355.21 for the period 9/2/11
to 8/31/12.
2.
The Treasurer is hereby authorized to issue a Certificate ofAvailability of Funds by charging Employment & Training Services
Account No. 02-213-41-792210-391 the amount of $50,000.00, Account
No. 02-213-41-792310-391 the amount of $50,000.00, Account No. 02-213-
41-751205-392 the amount of $33,676.00, Account No. 02-213-41-741015-
392 the amount of $38,143.37 and Account No. 02-213-41-741020-392 the
amount of $9,535.84.
3. The award of this agreement is contingent upon the availability of
funds and their inclusion in the 2011 Morris County Budget.
--
(25)
WHEREAS, there exists a need for Engineering Design and Construction
Administration for the renovation of seven (7) existing Nursing Unittub/shower suites at the Morris View Healthcare Facility, located at 540 West
Hanover Avenue, Morris Plains, 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
County of Morris in the State of New Jersey as follows:
1. An agreement between the County of Morris and
The RBA Group7 Campus Drive, Suite 300
Parsippany, New Jersey 07054
Amount: $24,383.24 (not to exceed)
Term: One Hundred Eighty (180) calendar days after award of
contract
Account #: 04-216-55-955244-909
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 conditioned upon the contractor’s compliance
with the requirements set forth in paragraph 5 below.
3. The Treasurer is hereby authorized to issue a Certificate of
Availability of Funds in accordance with the aforesaid agreement.
4. A notice of this action will be published in accordance with the law.
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.
--
(26)
In accordance with the authorization to pay per Chapter 127 P.L. 1985,
the following checks have been issued by the County Treasurer:
DATE CHECK NO. PAYEE ACCOUNT AMOUNT
09/02/11 339447 Lisa Ruck Centralized $ 224 00
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
741020 WFNJ/General Assistance 34,752.00
741050 WFNJ/Career Advancement Voucher 281.00
WHEREAS, it is necessary to formally cancel said balances,
AND WHEREAS, it may be necessary to refund any excess funds received
from the Grant Agency if Morris County received funding in excess of therequirement of the program.
NOW, THEREFORE BE IT RESOLVED, by the Board of Chosen Freeholders that
the above listed balance in the grant fund be canceled and any excess funds
received be returned to the appropriate Grant Agency.
--
(28)
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 2011 county budget,
NOW, THEREFORE, BE IT RESOLVED, that the Board of Chosen Freeholdershereby requests the Director of the Division of Local Government Services to
approve the insertion of an item of revenue and appropriation in the budget
of the year 2011 as referenced below:
Revenue Title: New Jersey Department of Labor Amount: $358,624.00
Appropriation Title: Work First New Jersey Amount: $358,624.00
Local Match - Source: Amount: $__________
BE IT FURTHER RESOLVED, that pursuant to N.J.S.A 40A:4-87 this
resolution has been duly adopted by the governing body of the County of
Morris and that one (1) certified copy of this resolution be forwarded to the
Division of Local Government Services.
--(29)
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 of
revenue 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
i i i f i ifi i f h f d l i i d
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
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.
--(30)
In accordance with resolution #73 approved at the January 05, 2011
Reorganization Meeting, the following emergency checks have been issued by
the Morris County Division of Temporary Assistance for the month of August
2011.
DATE CHECK NO. PAYEE ACCOUNT TO BE CHARGED AMOUNT
08/02/2011 25214 JCP & L 02-213-41-734220-391 350.00
08/02/2011 25215 JCP & L 01-201-27-345100-339 188.00
08/02/2011 25216 New Jersey Natural Gas 02-213-41-734220-391 350.00
08/02/2011 25217 New Jersey Natural Gas 02-213-41-734220-391 373.45
08/02/2011 25218 Washington Township 02-213-41-734220-391 350.00
08/03/2011 25219 Pitney Bowes 01-201-27-345100-068 3,000.00
08/09/2011 25220 Alice Zampella 01-201-27-345100-339 560.00
08/09/2011 25221 Parsippany Inn 01-201-27-345100-339 200.00
08/09/2011 25222 Roger Gupta 01-201-27-345100-339 900.00
08/09/2011 25223 Netcong Heights 01-201-27-345100-339 1,500.50
08/09/2011 25224 Pernwil Associates 01-201-27-345100-368 1,000.00
08/10/2011 25225 Pitney Bowes 01-201-27-345100-068 5,000.00
08/15/2011 25226 JCP & L 02-213-41-734220-391 350.00
08/15/2011 25227 JCP & L 01-201-27-345100-339 357.89
08/15/2011 25228 M & M Fuel 01-201-27-345100-339 546.00
08/15/2011 25229 Sarita Gupta 02-213-41-734220-391
01-201-27-345100-368
900.00
300.00
08/24/2011 25230 Poatmaster 01-201-27-345100-068 800.0008/25/2011 25231 Eagle Rock Village 02-213-41-734220-391 1,212.50
08/25/2011 25232 Segal Realty Association 01-201-27-345100-339 1,000.00
08/29/2011 25233 Bisce Realty 02-213-41-734220-391 2,437.50
08/29/2011 25234 JCP & L 02-213-41-734220-391 350.00
08/29/2011 25235 JCP & L 02-213-41-734220-391 288.94
08/29/2011 25236 JCP & L 02-213-41-734220-391 350.00
08/29/2011 25237 JCP & L 02-213-41-734220-391 218.06
08/29/2011 25238 JCP & L 01-201-27-345100-339 474.07
08/29/2011 25239 JCP & L 01-201-27-345100-339 123.60
08/29/2011 25240 K & A Associates 02-213-41-734220-391 1,065.00
08/29/2011 25241 NR & R Realty LLC 02-213-41-734220-391 959.00
08/29/2011 25242 Parsippany Inn 01-201-27-345100-33901-201-27-345100-365
150.0030.00
08/29/2011 25243 Skytop Motel 01-201-27-345100-365 50.00
TOTAL 25,734.51
THEREFORE, BE IT RESOLVED, that the above payments be confirmed.
--
(31)
BE IT RESOLVED as follows:
1. The County of Morris wishes to purchase goods and services from the
following authorized vendors under the State of New Jersey Cooperative
Purchasing Program 1-NJCP, in accordance with Local Public Contract
Laws, N.J.S.A 40A:11-11 and N.J.S.A40A: 11-12.
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(32)
In accordance with resolution #73 approved at the January 05, 2011
Reorganization Meeting, the following revolving fund checks have been issued
by the Morris County Division of Temporary Assistance for the month of August
2011.
DATE CHECK NO. PAYEE AMOUNT
08/15/2011 10228 Hassan Elrada 1,487.50
08/17/2011 10229 Furniture House 585.00
08/26/2011 10230 Void Check 0.00
08/29/2011 10231 Sean Vezina 315.36
TOTAL 2,387.86
THEREFORE, BE IT RESOLVED, that the above payments be confirmed.
--
(33)
WHEREAS, the local capital budget for the year 2011 was adopted on the
23rd day of March; and
WHEREAS, it is desired to amend said adopted capital budget section.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders of
the County of Morris that the following amendment(s) to the adopted capital
budget section be made:
(Body of Capital Budget Amendment is on file in the Treasurer’s Office.
Amendment(s) is for Hurricane Irene Storm Ordinance Bridge, Road and Facility
Improvements.)
BE IT FURTHER RESOLVED that this complete amendment, in accordance with
the provisions of NJAC 5:30-4.4(e) be published in the Daily Record in theissue of October 3, 2011.
BE IT FURTHER RESOLVED that two certified copies of this resolution be
filed forthwith in the Office of the Director of Local Government Services.
--
(34)
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 of
revenue in the budget of any county or municipality when such item shall havebeen 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 2011 county budget,
NOW, THEREFORE, BE IT RESOLVED, that the Board of Chosen Freeholders
hereby requests the Director of the Division of Local Government Services toapprove the insertion of an item of revenue and appropriation in the budget
of the year 2011 as referenced below:
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
(35)
WHEREAS, that R & R Construction Co., 105B Parker Road, Chester, NJ
will be installing a water main and sanitary sewer across Littleton Road both
utilities connect to existing utilities located on the opposite side of
Littleton Road from the development located between Briarcliff Road and
Lealand Road.
WHEREAS, to accomplish this work safely and efficiently a portion of
Littleton Road from Briarcliff Road and Lealand Road in the Town of Morris
Plains will be closed from 9:00 a.m., Tuesday 9/27/2011 through 4:00 p.m.,
Wednesday 9/28/2011.
WHEREAS, an acceptable traffic detour has been approved by the Borough
of Morris Plains Police Department for the closure of Littleton Road. The
traffic will be detoured around the work area via Briarcliff Road, Greenwood
Road and Lealand Road; regarding the detour three police officers will be
stationed throughout the detour to assist with traffic control. Access for
resident and emergency vehicles will be maintained at all times.
NOW THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of the
County of Morris in the State of New Jersey that a portion of Littleton Roadfrom Briarcliff Road and Lealand Road in the Town of Morris Plains will be
closed from 9:00 a.m. Tuesday 9/27/2011 through 4:00 p.m. Wednesday 9/28/2011
to all traffic, except for one lane for emergency vehicles (police, fire,
ambulances, and local residents) in the Borough of Morris Plains is hereby
approved.
This resolution shall become effective immediately and a copy shall be
forwarded to the Borough of Morris Plains Police Department. Also a copy
shall be submitted to the Borough of Morris Plains Engineering Department.
--
(36)
RESOLUTION OF THE COUNTY OF MORRIS, NEW JERSEY AUTHORIZING THE EXECUTIONAND DELIVERY OF A REFUNDING AGREEMENT AND CERTAIN OTHER ACTIONS TO BE TAKEN
ALL IN CONNECTION WITH THE AUTHORITY’S COUNTY OF MORRIS GUARANTEED LOAN
REVENUE REFUNDING BONDS, SERIES 2011 (POOLED ERI UNFUNDED LIABILITY PROJECT)
IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $7,000,000 AND THE PROJECT
FINANCED THEREBY
WHEREAS, The Morris County Improvement Authority (including any
successors and assigns, the “Authority”) has been duly created by resolution
no. 42 entitled “Resolution of the Board of Chosen Freeholders of Morris
County, New Jersey creating the Morris County Improvement Authority” duly
adopted by the Board of Chosen Freeholders (the “Board of Freeholders”) of
the County of Morris (the “County”) in the State of New Jersey (the “State”)
on April 10, 2002 as a public body corporate and politic of the State
pursuant to and in accordance with the county improvement authorities law,constituting Chapter 183 of the Pamphlet Laws of 1960 of the State, and the
acts amendatory thereof and supplemental thereto (the “Act”) and other
applicable law;
WHEREAS, on July 12, 2002, P.L. 2002, c. 42 (the “ERI Refunding Law”)
became the law of the State, by its terms authorizing municipalities,
counties, school districts and certain other local governmental units (“Local
Units”) to issue refunding bonds (the “Local Unit Refunding Bonds”) for the
purpose of retiring the present value of their unfunded liability (the
“Unfunded ERI Liability”) for early retirement incentive benefits previously
granted by the State to the Local Units pursuant to prior State law;
WHEREAS, in particular, municipal and county Local Units wereauthorized under the ERI Refunding Law to issue Local Unit Refunding Bonds
(the “Municipal and County Refunding Bonds”) under N.J.S.A. 40A:2-51.3 and
h li bl i i f h l d f h f i i
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
applicable provisions of the School Bond Law, all for the purpose of retiring
the present value of the Unfunded ERI Liability previously granted by the
State to such School District Local Units pursuant to P.L.1991, c.231 and
P.L.1993, c163 (the “School District Unfunded ERI Liability”);
WHEREAS, further pursuant to the ERI Refunding Law, which by its terms
also amended the Act, the Authority’s purposes under N.J.S.A. 40:37A-54 wereexpanded to allow for the issuance and pooling of loans by the Authority to
the Local Units secured by Local Unit Refunding Bonds in order to achieve
more favorable interest rates and terms for the Local Units;
WHEREAS, on February 6, 2003, the Authority issued its $16,890,000
original aggregate principal amount of “County of Morris Guaranteed Loan
Revenue Bonds, Series 2003 (Pooled ERI Unfunded Liability Project” (the
“Series 2003 Bonds”) for the purpose, among other things, of the purchase of
Local Unit Refunding Bonds (the “ Series 2003 Local Unit Refunding Bonds”) of
(i) Chester Board of Education, (ii) the County, (iii) Morris Plains Borough,
(iv) Morris Township, (v) Mt. Olive Township, (vi) Mt. Olive Township Board
of Education, (vii) Roxbury Township and (viii) Roxbury Township Board of
Education (collectively, the “Series 2003 Local Units”) to finance their
Unfunded ERI Liability (collectively the “Series 2003 Loans”);
WHEREAS, the 2003 Loans were secured through those certain “Loan
Agreement (Pooled ERI Unfunded Liability Project)” dated as of February 1,
2003 (the “Series 2003 Loan Agreement”) between the Authority and each Series
2003 Local Unit, pursuant to which the Authority loaned the Series 2003 Local
Units a portion of the proceeds of the Series 2003 Bonds for the respective
Series 2003 Loans, which Series 2003 Loans were to be repaid by the Local
Units in accordance with a debt service schedule set forth in Exhibit B to
each Series 2003 Loan Agreement, as evidenced by each Series 2003 Local Unit
Refunding Bond;
WHEREAS, the Series 2003 Bonds were issued pursuant to (i) a bond
resolution of the Authority entitled “Resolution Authorizing the Issuance ofCounty of Morris Guaranteed Loan Revenue Bonds (Pooled ERI Unfunded Liability
Project) and Additional Bonds of the Morris County Improvement Authority”,
which was duly adopted by the Authority at a meeting thereof duly called and
held on December 11, 2002, as amended and supplemented by a Certificate of
the Executive Director of the Authority dated February 6, 2003 issued
pursuant to Section 2.02(1)(e) of the original bond resolution (collectively,
the “Series 2003 Bond Resolution), (ii) the Act, and other applicable law;
WHEREAS, payment of the principal of (including mandatory sinking fund
installments, if any) and interest on the Series 2003 Bonds was fully,
unconditionally and irrevocably guaranteed in an aggregate principal amount
not to exceed $16,890,000 in accordance with (i) the terms of a guaranty
ordinance of the County finally adopted by the Board of Freeholders and (ii)
by a guaranty certificate executed by an authorized officer of the County onthe face of each Series 2003 Bond (collectively, the “Series 2003 County
Guaranty”), all pursuant to Section 37 (“Section 37”) of the Act (N.J.S.A.
40:37A-80) and other applicable law, which payments are included as part of
the Trust Estate applicable to the Series 2003 Bonds pledged by the Authority
to the Trustee under the Series 2003 Bond Resolution;
WHEREAS, the Series 2003 Bonds are presently Outstanding (as such term
is defined in the Series 2003 Bond Resolution) in the aggregate principal
amount of $8,680,000, $6,005,000 aggregate principal amount of which are
scheduled to mature on or after March 1, 2014 and are to be refunded (the
“Series 2003 Bonds to be Refunded”);
WHEREAS, (i) the 2003 Loans to the Borough of Morris Plains and theChester Township Board of Education have been paid in full, and accordingly,
there are no Series 2003 Bonds Outstanding under the Series 2003 Bond
l i ll bl h i 2003 l i (ii) h 2003
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
Local Units, the “Outstanding Local Units”) each have loans Outstanding under
the Series 2003 Bond Resolution that are eligible to be refunded;
WHEREAS, the Authority and the Series 2011 Local Units have determined
that there are debt service savings to be achieved through the advance
refunding of all or a portion of their allocable share of the Series 2003
Bonds to be Refunded (the “Advance Refunding Project”), which net savingsshall in turn be passed on to the Series 2011 Local Units, through the
application of a debt service credit for the benefit of each such Series 2011
Local Unit and their Series 2003 Local Unit Refunding Bonds, all pursuant to
the terms of the Series 2011 Refunding Agreement (as hereinafter defined);
WHEREAS, pursuant to the terms of the Series 2003 Bond Resolution, the
earliest date the Series 2003 Bonds to be Refunded can be redeemed is
March 1, 2013 at par;
WHEREAS, in order to implement the Advance Refunding Project, and to
pay the costs of issuance and fund any necessary reserves or other costs
related thereto (collectively the “Series 2011 Project”), the Authority shall
adopt a bond resolution entitled "SUPPLEMENTAL RESOLUTION AUTHORIZING THE
ISSUANCE OF COUNTY OF MORRIS GUARANTEED LOAN REVENUE REFUNDING BONDS, SERIES2011 (POOLED ERI UNFUNDED LIABILITY PROJECT) OF THE MORRIS COUNTY IMPROVEMENT
AUTHORITY" (the “Series 2011 Supplemental Bond Resolution ” and together with
the Series 2003 Bond Resolution, and any further amendments thereof or
supplements thereto, the “Bond Resolution”);
WHEREAS, the Series 2011 Supplemental Bond Resolution shall authorize
the issuance of “County of Morris Guaranteed Loan Revenue Refunding Bonds,
Series 2011 (Pooled ERI Unfunded Liability Project)” in the aggregate
principal amount not to exceed $7,000,000 (the “Series 2011 Refunding
Bonds”);
WHEREAS, the Advance Refunding Project shall be achieved through the
deposit of a portion of the proceeds of the Series 2011 Refunding Bonds withthe trustee authorized under the Bond Resolution (the “Trustee”), as escrow
agent (the “Escrow Agent”) pursuant to an “Escrow Deposit Agreement” to be
dated as of the first day of the month of issuance of the Series 2011
Refunding Bonds (the “Escrow Deposit Agreement”) between the Authority and
the Escrow Agent;
WHEREAS, upon issuance of the Series 2011 Refunding Bonds, and the
deposits with the Escrow Agent of a portion of the proceeds thereof in
accordance with the terms of the Escrow Deposit Agreement, the Series 2003
Bonds to be Refunded shall no longer be Outstanding under the Bond
Resolution, and only the Outstanding Series 2003 Bonds and the Series 2011
Refunding Bonds shall be Outstanding under the Bond Resolution;
WHEREAS, the Series 2011 Refunding Bonds shall be secured on a paritybasis with the Outstanding Series 2003 Bonds, and any other Bonds issued
under and as defined in the Bond Resolution (collectively, the “Outstanding
Bonds”) , by the Trust Estate under and as defined in the Bond Resolution,
including the Series 2011 Supplemental Bond Resolution, which Trust Estate
shall consist, in material part, of the payment of the principal, redemption
premium, if any, and interest on (i) the Series 2003 Local Unit Refunding
Bonds of the Outstanding Series 2003 Local Units (the “Outstanding Series
2003 Local Unit Refunding Bonds”) and (ii) the Series 2003 Local Unit
Refunding Bonds of the Series 2011 Local Units (which, from this point
forward, after application of the debt service credit in accordance with the
Series 2011 Refunding Agreement, shall be collectively referred to as the
“Series 2011 Local Unit Refunding Bonds”; the Outstanding Series 2003 Local
Unit Refunding Bonds and the Series 2011 Local Unit Refunding Bonds may becollectively referred to as the “Outstanding Local Unit Refunding Bonds” of
the Outstanding Local Units);
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
WHEREAS, the Series 2011 Refunding Agreement shall be authorized by a
resolution of each Series 2011 Local Unit (the “Series 2011 Local Unit
Authorizing Resolution”);
WHEREAS, payment of the principal of (including mandatory sinking fund
installments, if any) and interest on the Series 2011 Refunding Bonds shallbe fully, unconditionally and irrevocably guaranteed in an aggregate
principal amount not to exceed $7,000,000 in accordance with (i) the terms of
a guaranty ordinance of the County to be finally adopted by the Board of
Freeholders, (ii) by a guaranty certificate to be executed by an authorized
officer of the County on the face of each Series 2011 Refunding Bond and
(iii) as may be required by any rating agency, underwriter, Series 2011
Refunding Bond purchaser or other entity that will allow the Authority to
sell the Series 2011 Refunding Bonds at the lowest possible cost to the Local
Unit, an agreement setting forth the County’s obligation to make any such
guaranty payments in accordance with and within the parameters set forth in
such ordinance (collectively, the “Series 2011 County Guaranty”, and together
with the Series 2003 County Guaranty, the “County Guaranty”), all pursuant to
Section 37 of the Act and other applicable law;
WHEREAS, accordingly, the Trust Estate under the Bond Resolution shall
also include, (i) with respect to the Outstanding Series 2003 Bonds, the
Series 2003 County Guaranty, and (ii) with respect to the Series 2011
Refunding Bonds, the Series 2011 County Guaranty;
WHEREAS, pursuant to the terms of the Loan Agreement, those Local Units
constituting “materially obligated persons” within the meaning and for the
purposes set forth in Rule 15c2-12 (“Rule 15c-12”) promulgated by the
Securities and Exchange Commission pursuant to the Securities and Exchange
Act of 1934, as amended, will be required to enter into those certain “Local
Unit Continuing Disclosure Agreements (Pooled Unfunded ERI Liability
Project)” to be dated as of the first day of the month of issuance of the
Series 2011 Refunding Bonds (as the same may be amended and supplemented fromtime to time in accordance with their respective terms, the “Local Unit
Continuing Disclosure Agreements”) with the Authority and the Trustee, as
dissemination agent (the “Dissemination Agent”) in order to satisfy the
secondary market disclosure requirements of Rule 15c2-12;
WHEREAS, pursuant to the terms of the Bond Resolution due to the County
Guaranty, as a “materially obligated person” within the meaning and for the
purposes set forth in Rule 15c2-12, the County shall be required to enter
into that certain “County Continuing Disclosure Agreement (Pooled Unfunded
ERI Liability Project)” to be dated as of the first day of the month of
issuance of the Series 2011 Refunding Bonds (as the same may be amended and
supplemented from time to time in accordance with its terms, the “County
Continuing Disclosure Agreement”) with the Authority and the Dissemination
Agent in order to satisfy the secondary market disclosure requirements ofRule 15c2-12;
WHEREAS, pursuant to the terms of the Bond Resolution, the Authority
(i) shall not be considered a “materially obligated person” within the
meaning and for the purposes set forth in Rule 15c2-12 and (ii) shall be
required to provide certain material events notices in accordance with Rule
15c2-12, and accordingly, the Authority (a) may be required to enter into a
separate continuing disclosure agreement, and (b) shall be required to
provide such material events notices under the terms of the Local Unit
Continuing Disclosure Agreement, all in order to satisfy the secondary market
disclosure requirements of Rule 15c2-12 (the “Authority Continuing Disclosure
Agreement” and together with the Local Unit Continuing Disclosure Agreements
and the County Continuing Disclosure Agreement, the “Continuing DisclosureAgreements”);
i d k d ll h i 2011 f di d
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
procured through a fair and open process (the “Underwriter”) by the Authority
(the “Bond Purchase Agreement”), (iv) execute and deliver a final Official
Statement incorporating the terms of the sale of the Series 2011 Refunding
Bonds and certain other information into the Preliminary Official Statement
(the “Official Statement” and together with the Preliminary Official
Statement, the Bond Purchase Agreement, the “Sale Documents”);
WHEREAS, the Authority shall have no obligation with respect to the
Series 2011 Project other than the financing thereof through the issuance of
the Series 2011 Refunding Bonds and the application of debt service credits
to the Outstanding Local Unit Bonds through the Series 2011 Refunding
Agreement; accordingly, the payment of the principal of and interest on the
Outstanding Bonds shall remain the sole responsibility of the Outstanding
Local Units through their payment of the principal of and interest on the
Outstanding Local Unit Refunding Bonds, as guaranteed by the County under the
County Guaranty;
WHEREAS, in accordance with Section 13 (“Section 13”) of the Act
(N.J.S.A. 40:37A-56), prior to the issuance of the Series 2011 Refunding
Bonds, the Authority will have made a detailed report of the Series 2011
Project to the Board of Freeholders, which report will include, withoutlimitation, descriptions of the Series 2011 Supplemental Bond Resolution, the
Series 2011 Local Unit Authorizing Resolutions, the Series 2011 Refunding
Bonds, the Series 2011 County Guaranty, the Refunding Agreement, the Escrow
Deposit Agreement, the Continuing Disclosure Agreements, and if necessary,
desirable or convenient as determined by the Authority, the County, and as
applicable, the Local Unit, such other applicable agreements that may include
one or more of the Local Finance Board Application or any Sale Documents
(collectively, the “Financing Documents”).
NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE COUNTY OF
MORRIS (THE “PARTICIPANT”), as follows:
Section 1. The Participant believes: (a) it is in the public interestto accomplish such purposes as set forth in the preambles hereof, including
the financing of the Series 2011 Project on behalf of the Participant; (b)
said purpose is for the health, wealth, convenience or betterment of the
inhabitants of the Participant; (c) the amounts to be expended for said
purpose are not unreasonable or exorbitant; and (d) the proposal is an
efficient and feasible means of providing services for the needs of the
inhabitants of the Participant and will not create an undue financial burden
to be placed upon the Participant.
Section 2. The Participant’s participation in the Series 2011 Project
and the execution of the Refunding Agreement and the Local Unit Continuing
Disclosure Agreement in connection with the Advance Refunding Project is
hereby approved.
Section 3. The Freeholder-Director, County Administrator, and the
County Treasurer of the Participant (including their designees in writing,
each an “Authorized Officer”) are each hereby severally authorized to assist
the Authority with the preparation and submission of the Local Finance Board
Application for the purpose of financing the Participant’s portion of the
Series 2011 Project through the issuance of the Series 2011 Refunding Bonds,
and to take all action necessary, desirable, or convenient in connection
therewith. Accordingly, the Authorized Officers, and any consultants of
their choosing, shall, if necessary, represent the Participant at any public
hearing held by the Local Finance Board in connection with the Local Finance
Board Application.
Section 4. The Authorized Officers are hereby each severallyauthorized and directed to execute or acknowledge, as the case may be, and
deliver (i) the Refunding Agreement for the Participant in substantially the
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Section 5. The Secretary and any Assistant Secretary of the
Participant are each hereby severally authorized and directed, upon the
execution or acknowledgment of the documents set forth in Section 2 hereof:
to attest to the Authorized Officer's execution or acknowledgment of such
documents and is hereby further authorized and directed, when required by the
Authority, to thereupon affix the seal of the Participant to such documents.
Section 6. Upon the execution or acknowledgment and attestation of and
if required, the placing of the seal on the documents set forth in Section 2
hereof as contemplated by Sections 2 and 3 hereof the Authorized Officer is
hereby authorized and directed to (i) deliver such fully executed or
acknowledged, attested and sealed Refunding Agreement.
Section 7. The governing body of the Participant hereby authorizes the
performance of any act, the execution or acknowledgment and delivery of any
other document, instrument or Closing Certificates, which the Authorized
Officer deems necessary, desirable or convenient in connection with this
contemplated transaction, and the governing body of the Participant hereby
directs the Authorized Officer. to execute or acknowledge, attest and affix
(or cause the attestation or affixation of) 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 8. This resolution shall take effect immediately.
Section 9. Upon the adoption hereof, the Participant shall forward
certified copies of this resolution to John Bonanni, Chairperson of the
Authority, and Stephen B. Pearlman, Esq., Inglesino, Pearlman, Wyciskala &
Taylor, LLC, Bond Counsel to the Authority.
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(37)RESOLUTION PROVIDING MORRIS COUNTY'S CONSENT TO THE ISSUANCE BY THE
MORRIS COUNTY IMPROVEMENT AUTHORITY OF THE AUTHORITY’S COUNTY OF MORRIS
GUARANTEED LOAN REVENUE REFUNDING BONDS, SERIES 2011 (POOLED ERI UNFUNDED
LIABILITY PROJECT) [Federally Taxable] AND RELATED DOCUMENTS
WHEREAS, The Morris County Improvement Authority (including any
successors and assigns, the “Authority”) has been duly created by resolution
no. 42 entitled “Resolution of the Board of Chosen Freeholders of Morris
County, New Jersey creating the Morris County Improvement Authority” duly
adopted by the Board of Chosen Freeholders (the “Board of Freeholders”) of
the County of Morris (the “County”) in the State of New Jersey (the “State”)
on April 10, 2002 as a public body corporate and politic of the State
pursuant to and in accordance with the county improvement authorities law,
constituting Chapter 183 of the Pamphlet Laws of 1960 of the State, and theacts amendatory thereof and supplemental thereto (the “Act”) and other
applicable law;
WHEREAS, on July 12, 2002, P.L. 2002, c. 42 (the “ERI Refunding Law”)
became the law of the State, by its terms authorizing municipalities,
counties, school districts and certain other local governmental units (“Local
Units”) to issue refunding bonds (the “Local Unit Refunding Bonds”) for the
purpose of retiring the present value of their unfunded liability (the
“Unfunded ERI Liability”) for early retirement incentive benefits previously
granted by the State to the Local Units pursuant to prior State law;
WHEREAS, in particular, municipal and county Local Units were
authorized under the ERI Refunding Law to issue Local Unit Refunding Bonds(the “Municipal and County Refunding Bonds”) under N.J.S.A. 40A:2-51.3 and
other applicable provisions of the Local Bond Law for the purpose of retiring
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
the present value of the Unfunded ERI Liability previously granted by the
State to such School District Local Units pursuant to P.L. 1991, c.231 and
P.L. 1993, c163 (the “School District Unfunded ERI Liability”);
WHEREAS, further pursuant to the ERI Refunding Law, which by its terms
also amended the Act, the Authority’s purposes under N.J.S.A. 40:37A-54 were
expanded to allow for the issuance and pooling of loans by the Authority tothe Local Units secured by Local Unit Refunding Bonds in order to achieve
more favorable interest rates and terms for the Local Units;
WHEREAS, on February 6, 2003, the Authority issued its $16,890,000
original aggregate principal amount of “County of Morris Guaranteed Loan
Revenue Bonds, Series 2003 (Pooled ERI Unfunded Liability Project” (the
“Series 2003 Bonds”) for the purpose, among other things, of the purchase of
Local Unit Refunding Bonds (the “ Series 2003 Local Unit Refunding Bonds”) of
(i) Chester Board of Education, (ii) the County, (iii) Morris Plains Borough,
(iv) Morris Township, (v) Mt. Olive Township, (vi) Mt. Olive Township Board
of Education, (vii) Roxbury Township and (viii) Roxbury Township Board of
Education (collectively, the “Series 2003 Local Units”) to finance their
Unfunded ERI Liability (collectively the “Series 2003 Loans”);
WHEREAS, the 2003 Loans were secured through those certain “Loan
Agreement (Pooled ERI Unfunded Liability Project)” dated as of February 1,
2003 (the “Series 2003 Loan Agreement”) between the Authority and each Series
2003 Local Unit, pursuant to which the Authority loaned the Series 2003 Local
Units a portion of the proceeds of the Series 2003 Bonds for the respective
Series 2003 Loans, which Series 2003 Loans were to be repaid by the Local
Units in accordance with a debt service schedule set forth in Exhibit B to
each Series 2003 Loan Agreement, as evidenced by each Series 2003 Local Unit
Refunding Bond;
WHEREAS, the Series 2003 Bonds were issued pursuant to (i) a bond
resolution of the Authority entitled “Resolution Authorizing the Issuance of
County of Morris Guaranteed Loan Revenue Bonds (Pooled ERI Unfunded LiabilityProject) and Additional Bonds of the Morris County Improvement Authority”,
which was duly adopted by the Authority at a meeting thereof duly called and
held on December 11, 2002, as amended and supplemented by a Certificate of
the Executive Director of the Authority dated February 6, 2003 issued
pursuant to Section 2.02(1)(e) of the original bond resolution (collectively,
the “Series 2003 Bond Resolution), (ii) the Act, and other applicable law;
WHEREAS, payment of the principal of (including mandatory sinking fund
installments, if any) and interest on the Series 2003 Bonds was fully,
unconditionally and irrevocably guaranteed in an aggregate principal amount
not to exceed $16,890,000 in accordance with (i) the terms of a guaranty
ordinance of the County finally adopted by the Board of Freeholders and (ii)
by a guaranty certificate executed by an authorized officer of the County on
the face of each Series 2003 Bond (collectively, the “Series 2003 CountyGuaranty”), all pursuant to Section 37 (“Section 37”) of the Act (N.J.S.A.
40:37A-80) and other applicable law, which payments are included as part of
the Trust Estate applicable to the Series 2003 Bonds pledged by the Authority
to the Trustee under the Series 2003 Bond Resolution;
WHEREAS, the Series 2003 Bonds are presently Outstanding (as such term
is defined in the Series 2003 Bond Resolution) in the aggregate principal
amount of $8,680,000, $6,005,000 aggregate principal amount of which are
scheduled to mature on or after March 1, 2014 and are to be refunded (the
“Series 2003 Bonds to be Refunded”);
WHEREAS, (i) the 2003 Loans to the Borough of Morris Plains and the
Chester Township Board of Education have been paid in full, and accordingly,there are no Series 2003 Bonds Outstanding under the Series 2003 Bond
Resolution allocable to these Series 2003 Local Units; (ii) the 2003 Loans to
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WHEREAS, the Authority and the Series 2011 Local Units have determined
that there are debt service savings to be achieved through the advance
refunding of all or a portion of their allocable share of the Series 2003
Bonds to be Refunded (the “Advance Refunding Project”), which net savings
shall in turn be passed on to the Series 2011 Local Units, through the
application of a debt service credit for the benefit of each such Series 2011Local Unit and their Series 2003 Local Unit Refunding Bonds, all pursuant to
the terms of the Series 2011 Refunding Agreement (as hereinafter defined);
WHEREAS, pursuant to the terms of the Series 2003 Bond Resolution, the
earliest date the Series 2003 Bonds to be Refunded can be redeemed is March
1, 2013 at par;
WHEREAS, in order to implement the Advance Refunding Project, and to
pay the costs of issuance and fund any necessary reserves or other costs
related thereto (collectively the “Series 2011 Project”), the Authority shall
adopt a bond resolution entitled "SUPPLEMENTAL RESOLUTION AUTHORIZING THE
ISSUANCE OF COUNTY OF MORRIS GUARANTEED LOAN REVENUE REFUNDING BONDS, SERIES
2011 (POOLED ERI UNFUNDED LIABILITY PROJECT) OF THE MORRIS COUNTY IMPROVEMENT
AUTHORITY" (the “Series 2011 Supplemental Bond Resolution ” and together withthe Series 2003 Bond Resolution, and any further amendments thereof or
supplements thereto, the “Bond Resolution”);
WHEREAS, the Series 2011 Supplemental Bond Resolution shall authorize
the issuance of “County of Morris Guaranteed Loan Revenue Refunding Bonds,
Series 2011 (Pooled ERI Unfunded Liability Project)” in the aggregate
principal amount not to exceed $7,000,000 (the “Series 2011 Refunding
Bonds”);
WHEREAS, the Advance Refunding Project shall be achieved through the
deposit of a portion of the proceeds of the Series 2011 Refunding Bonds with
the trustee authorized under the Bond Resolution (the “Trustee”), as escrow
agent (the “Escrow Agent”) pursuant to an “Escrow Deposit Agreement” to bedated as of the first day of the month of issuance of the Series 2011
Refunding Bonds (the “Escrow Deposit Agreement”) between the Authority and
the Escrow Agent;
WHEREAS, upon issuance of the Series 2011 Refunding Bonds, and the
deposits with the Escrow Agent of a portion of the proceeds thereof in
accordance with the terms of the Escrow Deposit Agreement, the Series 2003
Bonds to be Refunded shall no longer be Outstanding under the Bond
Resolution, and only the Outstanding Series 2003 Bonds and the Series 2011
Refunding Bonds shall be Outstanding under the Bond Resolution;
WHEREAS, the Series 2011 Refunding Bonds shall be secured on a parity
basis with the Outstanding Series 2003 Bonds, and any other Bonds issued
under and as defined in the Bond Resolution (collectively, the “OutstandingBonds”) , by the Trust Estate under and as defined in the Bond Resolution,
including the Series 2011 Supplemental Bond Resolution, which Trust Estate
shall consist, in material part, of the payment of the principal, redemption
premium, if any, and interest on (i) the Series 2003 Local Unit Refunding
Bonds of the Outstanding Series 2003 Local Units (the “Outstanding Series
2003 Local Unit Refunding Bonds”) and (ii) the Series 2003 Local Unit
Refunding Bonds of the Series 2011 Local Units (which, from this point
forward, after application of the debt service credit in accordance with the
Series 2011 Refunding Agreement, shall be collectively referred to as the
“Series 2011 Local Unit Refunding Bonds”; the Outstanding Series 2003 Local
Unit Refunding Bonds and the Series 2011 Local Unit Refunding Bonds may be
collectively referred to as the “Outstanding Local Unit Refunding Bonds” of
the Outstanding Local Units);
WHEREAS, the Outstanding Local Unit Refunding Bonds shall be payable by
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
WHEREAS, the Series 2011 Refunding Agreement shall be authorized by a
resolution of each Series 2011 Local Unit (the “Series 2011 Local Unit
Authorizing Resolution”);
WHEREAS, payment of the principal of (including mandatory sinking fund
installments, if any) and interest on the Series 2011 Refunding Bonds shall
be fully, unconditionally and irrevocably guaranteed in an aggregateprincipal amount not to exceed $7,000,000 in accordance with (i) the terms of
a guaranty ordinance of the County to be finally adopted by the Board of
Freeholders, (ii) by a guaranty certificate to be executed by an authorized
officer of the County on the face of each Series 2011 Refunding Bond and
(iii) as may be required by any rating agency, underwriter, Series 2011
Refunding Bond purchaser or other entity that will allow the Authority to
sell the Series 2011 Refunding Bonds at the lowest possible cost to the Local
Unit, an agreement setting forth the County’s obligation to make any such
guaranty payments in accordance with and within the parameters set forth in
such ordinance (collectively, the “Series 2011 County Guaranty”, and together
with the Series 2003 County Guaranty, the “County Guaranty”), all pursuant to
Section 37 of the Act and other applicable law;
WHEREAS, accordingly, the Trust Estate under the Bond Resolution shallalso include, (i) with respect to the Outstanding Series 2003 Bonds, the
Series 2003 County Guaranty, and (ii) with respect to the Series 2011
Refunding Bonds, the Series 2011 County Guaranty;
WHEREAS, pursuant to the terms of the Loan Agreement, those Local Units
constituting “materially obligated persons” within the meaning and for the
purposes set forth in Rule 15c2-12 (“Rule 15c-12”) promulgated by the
Securities and Exchange Commission pursuant to the Securities and Exchange
Act of 1934, as amended, will be required to enter into those certain “Local
Unit Continuing Disclosure Agreements (Pooled Unfunded ERI Liability
Project)” to be dated as of the first day of the month of issuance of the
Series 2011 Refunding Bonds (as the same may be amended and supplemented from
time to time in accordance with their respective terms, the “Local UnitContinuing Disclosure Agreements”) with the Authority and the Trustee, as
dissemination agent (the “Dissemination Agent”) in order to satisfy the
secondary market disclosure requirements of Rule 15c2-12;
WHEREAS, pursuant to the terms of the Bond Resolution due to the County
Guaranty, as a “materially obligated person” within the meaning and for the
purposes set forth in Rule 15c2-12, the County shall be required to enter
into that certain “County Continuing Disclosure Agreement (Pooled Unfunded
ERI Liability Project)” to be dated as of the first day of the month of
issuance of the Series 2011 Refunding Bonds (as the same may be amended and
supplemented from time to time in accordance with its terms, the “County
Continuing Disclosure Agreement”) with the Authority and the Dissemination
Agent in order to satisfy the secondary market disclosure requirements of
Rule 15c2-12;
WHEREAS, pursuant to the terms of the Bond Resolution, the Authority
(i) shall not be considered a “materially obligated person” within the
meaning and for the purposes set forth in Rule 15c2-12 and (ii) shall be
required to provide certain material events notices in accordance with Rule
15c2-12, and accordingly, the Authority (a) may be required to enter into a
separate continuing disclosure agreement, and (b) shall be required to
provide such material events notices under the terms of the Local Unit
Continuing Disclosure Agreement, all in order to satisfy the secondary market
disclosure requirements of Rule 15c2-12 (the “Authority Continuing Disclosure
Agreement” and together with the Local Unit Continuing Disclosure Agreements
and the County Continuing Disclosure Agreement, the “Continuing Disclosure
Agreements”);
WHEREAS, in order to market and sell the Series 2011 Refunding Bonds,
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
(the “Bond Purchase Agreement”), (iv) execute and deliver a final Official
Statement incorporating the terms of the sale of the Series 2011 Refunding
Bonds and certain other information into the Preliminary Official Statement
(the “Official Statement” and together with the Preliminary Official
Statement, the Bond Purchase Agreement, the “Sale Documents”);
WHEREAS, the Authority shall have no obligation with respect to theSeries 2011 Project other than the financing thereof through the issuance of
the Series 2011 Refunding Bonds and the application of debt service credits
to the Outstanding Local Unit Bonds through the Series 2011 Refunding
Agreement; accordingly, the payment of the principal of and interest on the
Outstanding Bonds shall remain the sole responsibility of the Outstanding
Local Units through their payment of the principal of and interest on the
Outstanding Local Unit Refunding Bonds, as guaranteed by the County under the
County Guaranty; and
WHEREAS, in accordance with Section 13 (“Section 13”) of the Act
(N.J.S.A. 40:37A-56), prior to the issuance of the Series 2011 Refunding
Bonds, the Authority will have made a detailed report of the Series 2011
Project to the Board of Freeholders, which report will include, without
limitation, descriptions of the Series 2011 Supplemental Bond Resolution, theSeries 2011 Local Unit Authorizing Resolutions, the Series 2011 Refunding
Bonds, the Series 2011 County Guaranty, the Refunding Agreement, the Escrow
Deposit Agreement, the Continuing Disclosure Agreements, and if necessary,
desirable or convenient as determined by the Authority, the County, and as
applicable, the Local Unit, such other applicable agreements that may include
one or more of the Local Finance Board Application or any Sale Documents
(collectively, the “Financing Documents”).
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CHOSEN FREEHOLDERS OF
THE COUNTY OF MORRIS, NEW JERSEY, as follows:
Section 1. In accordance with Section 13 and all other applicable law,
the County of Morris Board of Freeholders hereby consent to (i) Series 2011Project and the financing of same on behalf of the Series 2011 Local Units
through the Financing Documents, (ii) the execution or acknowledgment and
delivery by the Authority of the Refunding Agreement and the Continuing
Disclosure Agreements in substantially the forms attached hereto as Exhibits
A and B, respectively (iii) the adoption by the Authority of the Series 2011
Supplemental Bond Resolution in substantially the form attached hereto as
Exhibit C, (iv) the issuance, sale and delivery of the Series 2011 Refunding
Bonds to effect such purpose and (v) the adoption and execution and delivery
of the Series 2011 County Guaranty as further security for the Series 2011
Refunding Bonds. The County's consent hereto to the Financing Documents
contemplates the insertion of the final financing terms therein that will
result from the sale of the Series 2011 Refunding Bonds, which financing
terms shall be limited only by those financing term parameters set forth in
the Local Finance Board Application of the Authority filed with the LocalFinance Board (and on file with the County Administrator) relating to the
Series 2011 Refunding Bonds and the findings related thereto and the
parameters set forth herein.
Section 2. To the extent the Series 2011 Refunding Bonds are issued in
any year other than 2011 or 2012, as the case may be, references herein to
“2011” or “2012” respectively, may without any further action be changed to
the year of issuance of such Series 2011 Refunding Bonds.
Section 3. This resolution shall take effect immediately.
Section 4. Upon the adoption hereof, the Clerk of the Board of
Freeholders shall forward certified copies of this resolution to JohnBonanni, County Administrator and Chairman of the Authority, Daniel W.
O’Mullan, Esq., County Counsel, and Stephen B. Pearlman, Esq., counsel to the
h i
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BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
Motorola Communications & Law & Public Safety
Electronics Inc Split Account:
P O Box 305 Amount: $12,786,453.90
Bordentown NJ 08505-0305
NJSC#A53804
04-216-55-963248-909 $ 1,047,889.00
04-216-55-963248-952 $11,140,848.5304-216-55-963144-909 $ 47,718.68
04-216-55-963144-951 $ 328,167.00
04-216-55-963142-909 $ 5,549.66
04-216-55-963142-952 $ 71,791.03
04-216-55-963143-909 $ 14,490.00
04-216-55-963143-950 $ 130,000.00
--
Freeholder Feyl made a motion to adopt Resolution Nos. 1 through 38.
This was seconded by Freeholder Mastrangelo. The Clerk called and recorded
the following vote:
YES: Freeholders Feyl, Grossi, Mastrangelo, Nordstrom (except toABSTAIN on No. 18), and Acting Director Murphy (5)
ABSENT: Freeholder Cabana and Director Chegwidden (2)
--
FREEHOLDER COMMENTS
Freeholder Grossi said that $5,000 of Community Development Block Grant
funds has been spent to assist homeowners through the Morris County Housing
Rehabilitation Program in Mendham Borough. The Planning Board staff has
worked closely with Mendham Borough officials in developing the draftWastewater Management Plan. The County’s undertaking of this project will
likely save the Borough in excess of $50,000. Concerning Preservation Trust,
Mendham Borough, to date, has seen roughly $6.4 million of the county trust
fund invested helping preserve five Open Space/Farmland preservation projects
totaling almost 150 acres as well as one historic site and one historic
district (Register Nomination). Municipal payment into the Trust Fund has
totaled about $5.8 million.
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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 wherelegally required, be and the same are hereby authorized to be paid. The
Schedule of Warrants designated as Bill Resolution #18-11 totals
$3,751,842.85 dated and made a part hereof by reference.
Freeholder Nordstrom moved the adoption of the Bill Resolution. The
motion was seconded by Freeholder Mastrangelo, and the following vote was
recorded:
YES: Freeholders Feyl, Grossi, Mastrangelo, Nordstrom
and Acting Director Murphy (5)
ABSENT: Freeholder Cabana and Director Chegwidden (2)
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ADJOURNMENT
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