BOARD OF COUNTY COMMISSIONERS – MAY 26, 2021 REGULAR MEETING Generated 6/1/2021 2:55 PM A regular meeting of the Board of County Commissioners of the County of Morris, State of New Jersey, was held on May 26, 2021 via Cisco WebEx video conference. The meeting began at 7:02 p.m. ANNOUNCEMENT Clerk of the Board Debra L. Lynch read the following meeting announcement: This meeting of the Board of County Commissioners of the County of Morris is being held remotely and is being recorded due to the COVID-19 pandemic and is in compliance with the provisions of Executive Orders 103 and 104, the Open Public Meetings Act, and N.J.A.C. 5:39- 1.1 to 1.7 and the standard protocols established by the County for conducting remote public meetings. Notice of this meeting has been provided through resolution adopted by this Board on January 4, 2021 at its Stated Annual Meeting held via WebEx and by electronic mailing 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. A copy of the agenda for this meeting was made available on the County’s website near the posting of the meeting notice. Later in the meeting during the public comment period, if you would like to make a public comment, please press *3 for audio, or click on the appropriate “WebEx” video button to raise your hand. A representative of the County will keep members of the public muted, except when they are selected to speak during the public portion of the meeting or during any public hearing. Members of the public may also mute themselves or discontinue their video through the “WebEx” platform. A representative of the County will unmute your microphone. You must state your name and address prior to making a public comment. You may also mute and unmute yourself by pressing the microphone icon on WebEx or dialing *6 on your telephone keypad. The representative of the County will not accept comments made through the “chat” feature available on WebEx remote meetings. Members of the public were also permitted to submit written comments prior to the meeting via mail or email, which will be read during the public comment period. All public comments, whether during the public portion of the meeting or submitted beforehand, shall be limited to no greater than three (3) minutes in duration. ROLL CALL PRESENT: Commissioner Shaw, Commissioner Smith, Commissioner Cabana, Commissioner DeFillippo, Commissioner Krickus, Commissioner Selen ABSENT: Commissioner Mastrangelo Commissioner Cabana had a power surge that kicked him out of the meeting at 7:44 p.m., but he rejoined the meeting at 7:49 p.m. OTHERS PRESENT John Bonanni, County Administrator; Deena Leary, Assistant County Administrator; John Napolitano, County Counsel; Staci Santucci, Assistant County Counsel; Debra L. Lynch, Clerk of the Board; Brian Murray, Director of Communications
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BOARD OF COUNTY COMMISSIONERS – MAY 26, 2021 REGULAR MEETING
Generated 6/1/2021 2:55 PM
A regular meeting of the Board of County Commissioners of the County of Morris, State of New
Jersey, was held on May 26, 2021 via Cisco WebEx video conference. The meeting began at
7:02 p.m.
ANNOUNCEMENT
Clerk of the Board Debra L. Lynch read the following meeting announcement:
This meeting of the Board of County Commissioners of the County of Morris is being held
remotely and is being recorded due to the COVID-19 pandemic and is in compliance with the
provisions of Executive Orders 103 and 104, the Open Public Meetings Act, and N.J.A.C. 5:39-
1.1 to 1.7 and the standard protocols established by the County for conducting remote public
meetings.
Notice of this meeting has been provided through resolution adopted by this Board on January 4,
2021 at its Stated Annual Meeting held via WebEx and by electronic mailing 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. A copy of the agenda for this
meeting was made available on the County’s website near the posting of the meeting notice.
Later in the meeting during the public comment period, if you would like to make a public
comment, please press *3 for audio, or click on the appropriate “WebEx” video button to raise
your hand. A representative of the County will keep members of the public muted, except when
they are selected to speak during the public portion of the meeting or during any public hearing.
Members of the public may also mute themselves or discontinue their video through the
“WebEx” platform. A representative of the County will unmute your microphone. You must
state your name and address prior to making a public comment. You may also mute and unmute
yourself by pressing the microphone icon on WebEx or dialing *6 on your telephone keypad.
The representative of the County will not accept comments made through the “chat” feature
available on WebEx remote meetings.
Members of the public were also permitted to submit written comments prior to the meeting via
mail or email, which will be read during the public comment period. All public comments,
whether during the public portion of the meeting or submitted beforehand, shall be limited to no
Commissioner Cabana had a power surge that kicked him out of the meeting at 7:44 p.m., but he
rejoined the meeting at 7:49 p.m.
OTHERS PRESENT
John Bonanni, County Administrator; Deena Leary, Assistant County Administrator; John
Napolitano, County Counsel; Staci Santucci, Assistant County Counsel; Debra L. Lynch, Clerk of
the Board; Brian Murray, Director of Communications
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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PRAYER AND FLAG SALUTE
County Counsel Napolitano opened the meeting with a prayer and Commissioner Smith led the
salute to the flag.
PRESENTATION
Director Shaw stated that there was no formal presentation on the agenda, but he wanted to
highlight the ceremony we had today in front of the historic courthouse in Morristown in
recognition of Memorial Day where the county honored the over 1.3 million American men and
women who have given, as Lincoln termed it at Gettysburg, “the last full measure of devotion.”
Also recognized were six Morris County veterans, each of whom received a distinguished
military service medal, a practice the County has been doing since 2000. It was a great
ceremony with very good attendance and he wanted to thank all of those who made it possible.
MINUTES FOR APPROVAL
Commissioner Selen moved, and Commissioner Smith seconded the motion, to approve the May
12, 2021 Work Session Meeting Minutes, Executive Meeting Minutes and Regular Meeting
Minutes. All were in favor and the minutes were approved.
COMMUNICATIONS
1. The Borough of Mendham is requesting permission to hang a banner across Main
Street/Route 24 (CR 510) in Mendham Borough from June 7, 2021 through
June 21, 2021 to support the Mendham Business Association’s Annual Sidewalk Sale
Event.
2. The Borough of Mendham Recreation is requesting permission to hang a banner across
Main Street/Route 24 (CR 510) in Mendham Borough from September 17, 2021 through
October 2, 2021 to advertise the Food Truck Festival.
3. Boonton Main Street Inc. is requesting permission to close Main Street (CR 533)
Boonton, from Wootton Street to Hill Street, on Friday June 4, 2021 from 4:00 p.m. to
10:00 p.m. for Music on Main, for outdoor dining and outdoor shopping to encourage
commerce in Boonton's Historic Downtown.
4. Jefferson Township Fire Company #2 is requesting permission to hold a coin toss
fundraiser on June 5 2021 and August 28, 2021 on County Route 615 in front of both 3
Edison Road and 5 Edison Road, Jefferson, between 8:00 am and 3:00 pm.
5. Flanders Fire Company No. 1 and Rescue Squad is requesting permission to use Route
206 and Flanders-Bartley Road (CR 612) for a Boot Drop fundraiser June 5, June 6, July
10, July 11, August 7, August 8, September 4, September 5, October 2, and October 3
from 9:00 a.m. to 3:00 p.m.
Prior to taking a vote on the correspondence, Clerk Lynch stated that there was one correction to
item #3. Boonton Main Street Inc. is requesting to close Main Street, Boonton from Lathrop
Avenue to Hill Street, not Wootton Street to Hill Street.
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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Commissioner Selen moved, and Commissioner Cabana seconded the motion, to approve the
requests, as modified by the Clerk. All were in favor and the requests were approved.
ORDINANCES: First Reading/Introduction - None
ORDINANCES: Second Reading/Public Hearing
ORD-2021-26 BOND ORDINANCE REAPPROPRIATING $154,790 OF THE PROCEEDS OF OBLIGATIONS
NOT NEEDED FOR THEIR ORIGINAL PURPOSE IN ORDER TO PROVIDE FOR THE
REPLACEMENT OF HEATING, VENTILATION AND AIR-CONDITIONING UNIT 6.1 FOR
THE MORRIS COUNTY VOCATIONAL SCHOOL IN AND BY THE COUNTY OF MORRIS,
NEW JERSEY. (ID #8039)
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF MORRIS, NEW JERSEY (not less than two-thirds of all members thereof
affirmatively concurring) AS FOLLOWS:
WHEREAS, by resolution adopted December 8, 2020, the Board of Education of the
Morris County Vocational School District (also known as the Morris County School of
Technology) (the "Board of Education") has decided that it is necessary to amend a 2019 bond
ordinance to include the funding necessary to offset the unanticipated difference in funding in the
amount of $154,790 for the purpose or improvement described in such resolution and further
described in Section 2 of this bond ordinance; and
WHEREAS, by resolution adopted March 24, 2021, the Board of School Estimate has
fixed and has determined that it is necessary to amend the 2019 bond ordinance to include the
$154,790 for the purpose or improvement described in such resolution and further described in
Section 2 of this bond ordinance; and
WHEREAS, the Board of County Commissioners desires to reappropriate the amount
certified therein of $154,790 for the purpose or improvement described in such resolutions and
further described in Section 2 of this bond ordinance.
Section 1. Pursuant to N.J.S.A. 40A:2-39, it is hereby determined that $154,790 of the
proceeds of obligations originally made available pursuant to Bond Ordinance #968538 of the
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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County of Morris, New Jersey (the “County”), finally adopted May 6, 2019, are no longer
necessary for various building projects for the Morris County Vocational School, including, but
not limited to, exterior security and façade upgrades, the replacement of skylights and the roof
and paving resurfacing, including all work and materials necessary therefor and incidental
thereto and further including all related costs and expenditures incidental thereto.
Section 2. The $154,790 described in Section 1 hereof and made available pursuant to
N.J.S.A. 40A:2-39 is hereby reappropriated to provide for the replacement of heating, ventilation
and air-conditioning Unit 6.1 for the Morris County Vocational School, including all work and
materials necessary therefor and incidental thereto and further including all related costs and
expenditures incidental thereto.
Section 3. The County hereby certifies that it has adopted a capital budget or a temporary
capital budget, as applicable. The capital or temporary capital budget of the County is hereby
amended to conform with the provisions of this bond ordinance to the extent of any
inconsistency herewith. To the extent that the purposes authorized herein
are inconsistent with the adopted capital or temporary capital budget, a revised capital or
temporary capital budget has been filed with the Division of Local Government Services.
Prior to the motion for the Bond Ordinance to be adopted, Director Shaw opened the meeting to the
public for the public hearing on the ordinance. There were no public comments, and the Director
declared the public hearing closed.
ORD-2021-27 BOND ORDINANCE AMENDING SECTION 6(D) OF BOND ORDINANCE NUMBERED
963571 OF THE COUNTY OF MORRIS, NEW JERSEY, FINALLY ADOPTED MARCH 11,
2020, IN ORDER TO INCREASE THE SECTION 20 COSTS. (ID #8040)
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF MORRIS, NEW JERSEY AS FOLLOWS:
Section One. Section 6(d) of Bond Ordinance numbered 963571 of the County of Morris,
New Jersey (the “County”), finally adopted March 11, 2020, is hereby amended to increase the
Section 20 costs by $488,201.23, from $1,000 to $489,201.23, and to read as follows:
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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“Section 6(d). An aggregate amount not exceeding $489,201.23 for items of
expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the
estimated cost indicated herein for the purpose or improvement.”
Section Two. The County hereby certifies that it has adopted a capital budget or a
temporary capital budget, as applicable. The capital or temporary capital budget of the County is
hereby amended to conform with the provisions of this bond ordinance to the extent of any
inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with
the adopted capital or temporary capital budget, a revised capital or temporary capital budget has
been filed with the Division of Local Government Services.
Section Three. This bond ordinance shall take effect 20 days after the first publication
thereof after final adoption, as provided by the Local Law.
Prior to the motion for the Bond Ordinance to be adopted, Director Shaw opened the meeting to the
public for the public hearing on the ordinance. There were no public comments, and the Director
declared the public hearing closed.
ORD-2021-28 AN ORDINANCE OF THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING THE
GUARANTY OF THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON NOT TO
EXCEED $15,000,000 AGGREGATE PRINCIPAL AMOUNT OF COUNTY OF MORRIS
GUARANTEED RENEWABLE ENERGY PROGRAM LEASE REVENUE REFUNDING
BONDS, SERIES 2021 ISSUED BY THE MORRIS COUNTY IMPROVEMENT AUTHORITY
FOR THE PURPOSE OF PROVIDING ADDITIONAL SECURITY THEREFOR AND
DETERMINING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH (ID #8041)
WHEREAS, the Morris County Improvement Authority (the "Authority") has been duly
created by resolution of the Board of County Commissioners (the "Board of County
Commissioners") of the County of Morris, New Jersey (the "County"), duly adopted April 10,
2002, as a public body corporate and politic of the State of New Jersey pursuant to and in
accordance with the County Improvement Authorities Law, N.J.S.A. 40:37A-44 et seq., as
amended and supplemented (the "Act"); and
WHEREAS, the County developed a renewable energy program (the "Renewable
Energy Program") for the financing, design, permitting, acquisition, construction, installation,
operation and maintenance of renewable energy capital equipment and facilities such as solar
panels, wind turbines, and hydro-electric, bio-diesel, geothermal, and bio-mass facilities,
including any related electrical modifications, work related to the maintenance of roof
warranties, or other work required, desirable or convenient for the installation of such systems
(collectively, the renewable energy capital equipment and facilities, the "Renewable Energy
Projects") for and on behalf of the County and its affiliates, and the local governmental units
within the County, including without limitation municipalities, boards of education for school
districts, local authorities and any other local government instrumentalities, public bodies or
other local government entities (collectively, including the County, the "Local Units"); and
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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WHEREAS, the Renewable Energy Projects procured under the Renewable Energy
Program were installed on, in, affixed or adjacent to and/or for any other Local Unit controlled
buildings, other structures, lands or other properties of the Local Units (collectively, the "Local
Unit Facilities"); and
WHEREAS, pursuant to that certain resolution entitled "RESOLUTION
AUTHORIZING THE ISSUANCE OF COUNTY OF MORRIS GUARANTEED
RENEWABLE ENERGY PROGRAM LEASE REVENUE NOTES AND BONDS, SERIES
2011 AND ADDITIONAL BONDS OF THE MORRIS COUNTY IMPROVEMENT
AUTHORITY" adopted by the governing body of the Authority on July 20, 2011, as amended
and supplemented from time to time in accordance with its terms (the "Original Bond
Resolution"), the Act and other applicable law and official action, the Authority issued its
"County of Morris Guaranteed Renewable Energy Program Lease Revenue Bonds, Series 2011A
(Federally Taxable)", in the aggregate principal amount of $33,100,000 (the "Series 2011A
Bonds") to finance the Renewable Energy Projects for the Series 2011 Local Units as set forth in
the various Program Documents in connection with the second tranche of the Authority’s
Renewable Energy Program ("Tranche II"); and
WHEREAS, pursuant to that certain guaranty ordinance finally adopted on May 11,
2011, as amended and supplemented, all in accordance with Section 37 of the Act (N.J.S.A.
40:37A-80) and other applicable law (the "Original Guaranty Ordinance"), the County agreed to
guarantee the timely payment of the principal of and interest due on the Series 2011A Bonds;
and
WHEREAS, the Original Bond Resolution was subsequently amended by that certain (i)
"Amendment and Consent No. 1 (Morris County Renewable Energy Program, Series 2011)"
dated as of December 1, 2012 ("Consent No. 1"), (ii) "Amendment and Consent No. 2
(Morris County Renewable Energy Program, Series 2011)" dated as of October 1, 2013
("Consent No. 2"), (iii) "Amendment and Consent No. 3 (Morris County Renewable Energy
Program, Series 2011)" dated as of March 3, 2015 ("Consent No. 3") and (iv) "Amendment
and Consent No. 4 (Morris County Renewable Energy Program, Series 2011)" dated as of
March 28, 2017 ("Consent No. 4" and, together with Consent No. 1, Consent No. 2 and
Consent No. 3, the "Prior Consents"; and, together with the Original Bond Resolution, the
"Bond Resolution"); and
WHEREAS, certain capitalized terms herein not otherwise defined herein relating to the
Series 2011A Bonds, for all purposes herein, shall have the meanings ascribed to such terms in
the Bond Resolution; and
WHEREAS, pursuant to Section 2.04(1) of the Original Bond Resolution, the Authority
is permitted to issue "Additional Bonds" to refund any Bonds (as defined in the Original Bond
Resolution), including the Series 2011A Bonds; and
WHEREAS, the Authority has determined to authorize the issuance and delivery of its
County of Morris Guaranteed Renewable Energy Program Lease Revenue Refunding Bonds,
Series 2021 (Federally Taxable) pursuant to and under the Bond Resolution in the aggregate
principal amount of not to exceed $15,000,000 (the "Refunding Bonds"), to provide for, among
other things, (i) the refunding of all or a portion of the outstanding Series 2011A Bonds (the
"Refunded Bonds") and (b) the payment of certain costs and expenses associated with the
authorization, sale and issuance of such Refunding Bonds (collectively, the "2021 Refunding
Project"); and
WHEREAS, on April 21, 2021, the Authority adopted a resolution entitled,
"SUPPLEMENTAL RESOLUTION AUTHORIZING THE ISSUANCE OF COUNTY OF
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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MORRIS GUARANTEED RENEWABLE ENERGY PROGRAM LEASE REVENUE
REFUNDING BONDS, SERIES 2021 AS ADDITIONAL BONDS OF THE MORRIS
COUNTY IMPROVEMENT AUTHORITY" (as the same may be amended and supplemented
from time to time, the "Supplemental Bond Resolution" and, together with the Bond Resolution,
the "Resolution") authorizing the sale and issuance of the Refunding Bonds and the undertaking
of the 2021 Refunding Project; and
WHEREAS, the Authority has requested that the County unconditionally guaranty the
payment of the principal of (including sinking fund installments, if any) and interest on the
Refunding Bonds; and
WHEREAS, to provide an inducement to the prospective purchasers of the Bonds to
purchase same and to provide additional security to the holders thereof, the County will, in
accordance with N.J.S.A. 40:37A-80, fully, unconditionally and irrevocably guaranty the
payment of the principal of (including sinking fund installments, if any) and interest on the
Refunding Bonds in an aggregate principal amount not to exceed $15,000,000 in accordance
with the terms of this guaranty ordinance of the County to be finally adopted by the Board of
County Commissioners as evidenced by a guaranty agreement by and among the County, the
trustee in connection with the Refunding Bonds and the Authority (the "County Guaranty
Agreement") and by a guaranty certificate (collectively, the "County Bond Guaranty") to be
executed by an authorized County representative on the face of the Refunding Bonds, all
pursuant to Section 37 of the Act (N.J.S.A. 40:37A-80).
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF MORRIS, NEW JERSEY (not less than two-
thirds of all members thereof affirmatively concurring), AS FOLLOWS:
Section 1. The recitals are fully incorporated herein by this reference.
Section 2. This guaranty ordinance shall be adopted by the Board of County
Commissioners in the manner provided for adoption of a bond ordinance as provided in the
Local Bond Law, N.J.S.A. 40A:2-1 et seq., as amended and supplemented (the "Local Bond
Law").
Section 3. Pursuant to and in accordance with the terms of the Act, specifically
Section 37 thereof (N.J.S.A. 40:37A-80), the County is hereby authorized to and hereby shall
fully, unconditionally and irrevocably guaranty the punctual payment of the principal of
(including sinking fund installments, if any) and interest on the Refunding Bonds, including
renewals/refundings, if any, in an aggregate principal amount not to exceed $15,000,000, which
Refunding Bonds are to be issued to finance the 2021 Refunding Project as described in the
recitals hereto, on such terms and conditions as may be agreed to by and between the County and
the Authority in the Resolution, in the County Bond Guaranty and in such other documents
related thereto and as are reflected in this guaranty ordinance and in the guaranty certificate on
the face of each Bond (collectively, the "Financing Documents"). Notwithstanding the
provisions of any other Financing Document, upon the endorsement of the Refunding Bonds
referred to in Section 4 below, the County shall be fully, unconditionally and irrevocably
obligated to pay the principal of (including sinking fund installments, if any) and interest on the
Refunding Bonds in the same manner and to the same extent as in the case of bonds issued by
the County and, accordingly, the County shall be unconditionally and irrevocably obligated to
levy ad valorem taxes upon all the taxable property within the County for the payment thereof
without limitation as to rate or amount when required under the provisions of applicable law.
This unconditional and irrevocable guaranty of the County effected hereby to pay the principal of
(including sinking fund installments, if any) and interest on the Refunding Bonds when due in
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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accordance with the terms hereof and of the Financing Documents prepared in connection with
the issuance of the Refunding Bonds may not be waived, set-off or otherwise abrogated by any
action or inaction of the Authority or the County or for any other reason. The full faith and
credit of the County are hereby pledged for the full and punctual performance of the County
Bond Guaranty.
Section 4. The Commissioner Director is hereby authorized and directed to execute
by manual or facsimile signature an endorsement on each of the Refunding Bonds evidencing the
County Bond Guaranty by the County as to the punctual payment of the principal of (including
sinking fund installments, if any) and interest on the Refunding Bonds. The endorsement on
each Bond shall be in substantially the following form, and absent the fully executed
endorsement in such following form on any such Bond, such Bond shall not be entitled to the
benefits of the County Bond Guaranty:
"GUARANTY OF THE COUNTY OF MORRIS, NEW JERSEY
The payment of the principal of (including sinking fund installments, if any) and interest
on the within Bond shall be fully, irrevocably and unconditionally guaranteed by the County of
Morris, New Jersey (the "County"), in accordance with the provisions of N.J.S.A. 40:37A-80 and
the guaranty ordinance of the County finally adopted pursuant thereto and any guaranty
agreement executed by the County in connection therewith, and the County is fully, irrevocably
and unconditionally liable for the payment, when due, of the principal of (including sinking fund
installments, if any) and interest on this Bond, and, if necessary, the County shall levy ad
valorem taxes upon all the taxable property within the County without limitation as to rate or
amount in order to make such payments.
IN WITNESS WHEREOF, the County has caused this County Bond Guaranty to be
executed by the manual or facsimile signature of its Commissioner Director, all as of the date of
the within Bond.
COUNTY OF MORRIS, NEW JERSEY
By:_______________________________
Commissioner Director"
The Commissioner Director is hereby further authorized to execute such other certificates
or agreements relating to the County Bond Guaranty that may be required by the Authority to
comply with the terms of the financing documents relating to the Refunding Bonds , including,
without limitation, (i) any agreements or certificates detailing the time and method that payment
under this guaranty ordinance shall be made by the County, (ii) any letters of representations or
similar undertakings to be executed in connection with the sale of the Refunding Bonds , setting
forth certain representations, warranties and covenants of the County as an inducement to the
purchaser of the Refunding Bonds , (iii) any certificates deeming "final" (for the purposes of
Rule 15c2-12 of the Securities and Exchange Commission) any preliminary or final Official
Statements of the Authority relating to the Refunding Bonds and (iv) any note/bond purchase
agreement executed in connection with the sale of the Refunding Bonds . Such further
agreements, instruments or certificates shall not abrogate the County's responsibilities hereunder.
Section 5. The following additional matters are hereby found, determined and
declared by the County:
(a) This guaranty ordinance may be adopted notwithstanding any statutory or other
debt limitations, including, particularly, any limitation or requirement under or pursuant to the
Local Bond Law, but the aggregate principal amount of the Refunding Bonds that shall be
entitled to the benefits of the County Bond Guaranty, being an amount not to exceed
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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$15,000,000, shall, after their issuance, be included in the gross debt of the County for the
purpose of determining the indebtedness of the County under or pursuant to the Local Bond Law.
(b) The principal amount of Refunding Bonds entitled to the benefits of the County
Bond Guaranty and included in the gross debt of the County shall be deducted, and is hereby
declared to be and to constitute a deduction, from such gross debt under and for all the purposes
of the Local Bond Law (i) from and after the time of issuance of the Refunding Bonds until the
end of the fiscal year beginning next after the completion of the 2021 Refunding Project, and (ii)
in any annual debt statement filed pursuant to the Local Bond Law as of the end of said fiscal
year or any subsequent fiscal year if the revenues or other receipts or moneys of the Authority
relative to the 2021 Refunding Project in such year are sufficient to pay its expenses of operation
and maintenance in such year and all amounts payable in such year on account of the principal of
(including sinking fund installments, if any) and interest on all such Refunding Bonds , all bonds
of the County issued as provided in Section 36 of the Act (N.J.S.A. 40:37A-79) and all bonds of
the Authority issued under the Act.
Section 6. The following matters are hereby determined, declared, recited and stated:
(a) The maximum principal amount of Refunding Bonds of the Authority that are
hereby and hereunder fully, unconditionally and irrevocably guaranteed as to the punctual
payment of the principal thereof (including sinking fund installments, if any) and interest thereon
is $15,000,000; the maximum principal amount of Refunding Bonds of the Authority that may be
outstanding at any one time is $15,000,000; and the maximum estimated cost of the 2021
Refunding Project to be financed in accordance with the transactions contemplated hereby is
$15,000,000.
(b) The purpose described in this guaranty ordinance is not a current expense of the
County, and no part of the cost thereof has been or shall be assessed on property specially
benefited thereby.
(c) The Refunding Bonds shall mature within thirty (30) years from the date of issue.
(d) A supplemental debt statement of the County has been duly made and filed in the
office of the Clerk of the Board of County Commissioners, and a complete executed duplicate
thereof has been filed in the office of the Director of the Division of Local Government Services
in the New Jersey Department of Community Affairs, and such debt statement shows that while
the gross debt of the County, as defined in the Local Bond Law, is increased by this guaranty
ordinance by the amount of the Refunding Bonds issued by the Authority, which amount shall
not exceed $15,000,000, upon the satisfaction of the conditions set forth in N.J.S.A. 40:37A-80,
in accordance with the provisions of the Act, the net debt of the County is not increased, and the
obligation of the County authorized by or incurred pursuant to the terms of this guaranty
ordinance is permitted by an exception to the debt limitations of the Local Bond Law, which
exception is contained in the Act, so long as the payment obligations of the County hereunder are
not called upon.
(e) Other than the publication requirements set forth below, all other items to be
contained in a bond ordinance adopted pursuant to the Local Bond Law are hereby determined to
be inapplicable to the County's guaranty of the Refunding Bonds hereby.
Section 7. To the extent the Authority determines that it is in the best interest of the
Authority and the County, the Authority is hereby authorized to finance the 2021 Refunding
Project as separate issues through one or more separate series of Refunding Bonds consisting of
project notes and bonds that in the aggregate shall not exceed $15,000,000. Such series of
Refunding Bonds (consisting of project notes and bonds) shall be entitled to the benefits of the
County Bond Guaranty in an aggregate amount not to exceed $15,000,000.
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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Section 8. The County hereby covenants and agrees to comply with the requirements
of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the
Securities Exchange Act of 1934, as amended and supplemented (the "Rule"), including the
secondary market disclosure requirements contained therein, and agrees to covenant to such
compliance in the County Guaranty Agreement. The Commissioner Director, the Director of
Finance and County Treasurer and any other authorized County representative are each hereby
authorized and directed to execute and deliver a continuing disclosure agreement to the
Authority and the other parties thereto (the "Continuing Disclosure Agreement"), to prepare
operating data and financial information for inclusion in the Authority's preliminary and final
Official Statements, to approve and "deem final" the Authority's preliminary and final Official
Statements (to the extent the information contained therein relates to the County), to execute and
deliver all certificates, documents and agreements to the Authority and any other applicable party
in connection therewith and to file budgetary, financial and operating data on an annual basis and
notices of certain enumerated events as required to comply with and in accordance with the
provisions of the Rule and the Continuing Disclosure Agreement.
Section 9. To the extent one or more series of the Refunding Bonds (or any portion
thereof) are not issued in 2021, references herein to "2021" may without any further action be
changed to the year of issuance of such Refunding Bonds and all dates related to such year of
issuance shall be automatically adjusted.
Section 10. The Clerk of the Board of County Commissioners is hereby directed to
publish and post notice of this guaranty ordinance as required by law.
Section 11. Upon the adoption hereof, the Clerk of the Board of County
Commissioners shall forward certified copies of this guaranty ordinance to the Commissioner
Director, County Counsel, the Chairman of the Authority and Bond Counsel to the Authority,
Matthew D. Jessup, Esq., of McManimon, Scotland & Baumann, LLC.
Section 12. If any part(s) of this guaranty ordinance shall be deemed invalid, such
part(s) shall be severed and the invalidity thereof shall not affect the remaining parts of this
guaranty ordinance.
Section 13. All capitalized words and terms used but not defined in this guaranty
ordinance shall have the meanings ascribed to such words and terms, respectively, in the
preambles hereto.
Section 14. This guaranty ordinance shall take effect at the time and in the manner
provided by applicable law.
Prior to the motion for the Guaranty Ordinance to be adopted, Director Shaw opened the meeting
to the public for the public hearing on the ordinance. There were no public comments, and the
Director declared the public hearing closed.
OPEN TO THE PUBLIC: PUBLIC COMMENTS
Before the Director opened the meeting to the public, he stated that there had been a number of
questions about this body meeting in person and inviting the public, and we are proposing to do
that at our June 23 meeting. It will be open to the public in the Administration Building on the
Fifth Floor; however, we are going to be working with a hybrid model where the public will still
be able to call in to the meeting. He noted that we have done a couple of trials with this and he
hopes everyone will bear with us, but he thinks it will work well.
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Director Shaw asked Clerk Lynch if she had received any written comments and the Clerk
responded that she had not. He then opened the meeting to the public.
Gabriela Brandeal, 61 North Main Street, Boonton Township had concerns with the
Reproductive Freedom Act and requested that the Board consider passing the same resolution
against it as was done in Sussex County. She also would like to see the County open up the
Library. With regard to the Center for Tech and Civic Life (CTCL), she asked that the County
Commissioners no longer take money from them, and then asked what the status of electronic
voting is and whether there has already been implemented a 10-day early voting in November.
Joe Ferrandino of Long Hill asked if the County had received money from the CTCL and if so,
where it was allocated.
Karen and Sal Toto, 4 Cromwell Drive, Morris Township. Sal addressed the Board, noting that
they are 14-year residents and wanted to know if the Board was aware of the problem the
residents are having with the Frelinghuysen Arboretum and the loud and offensive music coming
from an event tent on the weekends. A petition had been circulated and signed by about 70
residents and forwarded to the Board. He asked what the Board’s plans were to help resolve the
issue.
Barbara Eames, 6 Cove Lane Road, Whippany once again expressed her displeasure with the
way the public meetings have been held, and did not know why it would take another month to
open the meetings to the public. She made a formal request to have several commissioners
arrange a time when they could meet with several citizens, as that seems to her to be the only
way to have any meaningful conversation.
Dave Carver, 29 Belleau Avenue, Madison echoed previous comments regarding opening up the
county and concerns with the CTCL and encouraged the Board to take a close look at it and talk
to colleagues in other counties regarding the matter.
William Eames, 6 Cove Lane Road, Whippany expressed his concerns with the CTCL and how
it affects election activity across the country. He has already voiced his concerns to Dale Kramer
and Ann Grossi and urged the County Commissioners to pay attention to the issue and stay with
paper ballots. With regard to opening up the public meetings, he would like to see the first June
meeting open. He then thanked the Board for recognizing the veterans today. He is a veteran
himself and he appreciated it.
Dr. Kathleen Ruddy of Madison was concerned with the Reproductive Freedom Act, stating it is
being funded through a transfer of wealth through the insurance companies to the taxpayers, and
it will end up in the taxpayers’ insurance premiums.
No one else wished to be heard, and the Director closed the meeting to the public.
Director Shaw responded to the concerns as follows:
Relative to the Frelinghuysen Arboretum, that is operated by the Park Commission. Executive
Director Dave Helmer has represented to the Board that they will strictly comply with the
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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ordinances of Morris Township, including the noise ordinance, as any other resident or business
must do, and we will follow up to make sure that is done.
As far as the Library reopening, they have been going through a staged reopening process.
Regarding staff, any staff that was not needed during the pandemic was furloughed.
Administrator Bonanni stated that the Library should be opened fully at some point in June and
will comply with the regulations as directed by the Governor at that time.
As he stated earlier in the meeting, our June 23 meeting will be open to the public in person and
we are setting it up as a hybrid model which the Director feels will improve access to the public
since the public can still dial in. He noted that there is a tremendous amount of logistics to do
this, and eventually we do plan on further technological resources being put into the county to
make access to the public much better.
As far as setting up a meeting in person with the Commissioners, because of the Sunshine Laws,
only three Commissioners are permitted to be together at any given time to talk about policy
issues. He suggested that Ms. Eames reach out to the board members individually and maybe if
a group wants to get together, that could be arranged.
Once again about opening up the county, although it has been in a different format and most of
that is because of executive orders from our governor, the county has been open and operating as
far as delivering the critical services to the citizens of the county. He noted that we seem to be
getting more public input in this virtual setting, but he understands it has its limitations and he
does prefer to operate a meeting in person, and we will be doing that soon.
As far as the voting machines are concerned, we have a Request for Proposals going out because
of the new law with early voting, and that is not our choice, but is dictated by state legislation.
We are going to be, in an open and transparent manner, getting proposals for voting machines
that comply with state law and state directive. As for the 10-day early voting, that again is state
legislation, and that would be for this November’s election.
Regarding the dollars from the CTCL, that is a grant program. He noted that he had just received
a list of how the funds had been spent, and the items simply defray some costs that would usually
be borne by the taxpayer. He noted that anyone requesting the document should go through the
usual OPRA request, but since he has the list, he would be happy to share it upon request.
Relative to the Reproductive Freedom Act, that is a piece of state legislation and it is something
that the Commissioners do not have direct impact on as far as any ability to control it. Our
representatives in the state will look at it. He noted that we have a policy of focusing on the
issues that we have control over as a County Commissioner Board.
RESOLUTIONS
RES-2021-411 RESOLUTION AUTHORIZING THE PURCHASE OF MAINTENANCE RENEWAL FOR THE
CHECKPOINT DATA LOSS PREVENTION (DLP) & CLOUDGUARD SAAS FROM SHI
INTERNATIONAL CO., UNDER THE STATE OF NEW JERSEY COOPERATIVE
PURCHASING PROGRAM IN THE AMOUNT OF $328,969.63. (Department of Information
Technology) (ID #8049)
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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BE IT RESOLVED as follows:
The County of Morris wishes to purchase maintenance renewal for the Checkpoint Data
Loss Prevention (DLP) & CloudGuard SaaS 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.A. 40A: 11-12.
SHI International Co.
290 Davidson Avenue
Somerset NJ 08873
Term: 06/30/2020 through 05/31/2021
NJSC# M0003 / 89851
Vendor # 17726
Office of Information Technology
Account: 01-201-20-140100-078
Amount: $328,969.63
RES-2021-412 RESOLUTION AUTHORIZING THE PURCHASE OF NETWORK CORE INFRASTRUCTURE
ANNUAL MAINTENANCE RENEWAL FROM EXTREME NETWORKS UNDER THE STATE
OF NEW JERSEY COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF
$199,576.17. (Department of Information Technology) (ID #8050)
BE IT RESOLVED as follows:
The County of Morris wishes to purchase Network Core Infrastructure annual
maintenance renewal 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.A. 40A: 11-12.
Extreme Networks
6480 Via Del Oro
San Jose, CA 95119
Vendor: 27086
State Contract #M7000 / 87722
Office of Information Technology
Account: 01-201-20-140100-044
Amount: $199,576.17
RES-2021-413 RESOLUTION AUTHORIZING A CHANGE ORDER FOR SHI INTERNATIONAL
REQUESTING AN INCREASE TO THE CONTRACT IN THE AMOUNT OF $8,480.00 FOR
EXTRA WORK BY FUSION CAPITAL MANAGEMENT LLC D/B/A FUSION FOR THE
IMPLEMENTATION OF AN ELECTRONIC HEALTH RECORDS SYSTEM FOR THE MORRIS
COUNTY CORRECTIONAL FACILITY. THE NEW CONTRACT TOTAL WILL BE
$282,638.40. (Department of Information Technology) (ID #8036)
WHEREAS, the County of Morris awarded a contract via Resolution #43, December,
23rd 2019 to SHI International Co. (Vendor # 17726), in the amount of $260,908.40 to design
and implement an Electronic Health Records System for the Morris County Correctional Facility
from Fusion Capital Management LLC d/b/a Fusion; and
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WHEREAS, the County of Morris authorized a change order via Resolution RES-2020-
575 for additional services in the amount of $8,480.00 increasing the project total to
$269,388.40; and
WHEREAS, the reselling vendor for the design and implementation of this solution was
authorized 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.A 40A: 11-12; and
WHEREAS, the Morris County Correctional Facility has identified the need for
additional staff training; and
WHEREAS, the Morris County Correctional Facility has additional funding available in
account # 01-201-25-280100-044, thus increasing the project total to $282,638.40.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Morris in the State of New Jersey to increase the contract awarded to:
SHI International Co.
290 Davidson Avenue
Somerset NJ 08873
NJSC # M0003 / A89851
Vendor # 17726
Office of Information Technology
Account: 04-216-55-962496-955
Amount: $128,750.00
Account: 04-216-55-962496-909
Amount: $144.97
Account: 04-216-55-962521-909
Amount: $1,759.41
Account: 04-216-55-962533-909
Amount: $130,254.02
Morris County Correctional Facility
Account: 01-201-25-280100-044
Amount: $21,730.00
Total: $282,638.4
1. The Chief Financial Officer is hereby authorized to increase the Certificate of
Availability of Funds (# 210475) by $13,250.00 funded from MCCF Account 01-201-25-
280100-044.
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2. This resolution shall take effect immediately.
RES-2021-414 RESOLUTION AUTHORIZING THE CANCELLATION OF HOME MORTGAGE UNDER THE
HOME INVESTMENT PARTNERSHIP PROGRAM FOR JERSEY BATTERED WOMEN
SERVICE, INC. (Department of Human Services) (ID #8055)
WHEREAS, Jersey Battered Women Service, Inc. executed a Mortgage with the County
of Morris to receive HOME Investment Partnerships Program funds in the amount of $38,535.15
on August 1, 1989 for property located 79 Central Avenue in the Borough of Morris Plains, the
legal description of which is Block 00041.02, Lot 00039.04 and recorded on August 13, 1990.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, in
the County of Morris, State of New Jersey, being the governing body thereof, as follows:
That the Commissioner Director is hereby authorized to execute and the Clerk shall
certify, attest and affix the seal to the Cancellation of Mortgage under the HOME Investment
Partnerships Program in the matter of the following client and the Clerk shall deliver the same to
Community Development due to term expiration:
Jersey Battered Women Service, Inc.
RES-2021-415 RESOLUTION AUTHORIZING THE EXECUTION OF THE CORRECTIVE HUD SF-424-
APPLICATION FOR THE ANNUAL FEDERAL ASSISTANCE IN THE CDBG PROGRAM.
THIS AS A RESULT OF A MISCALCULATION OF THE 2021 CDBG FUNDING AMOUNT BY
HUD. (Department of Human Services) (ID #8060)
WHEREAS, the County receives a CDBG, HOME and ESG allocation from the U.S.
Department of Housing and Urban Development (HUD) on an annual basis; and
WHEREAS, by Resolution RES-2021-361 adopted on May 12, 2021, Morris County
accepted the Annual Action Plan and grant agreements from the U.S. Department of Housing
and Urban Development for CDBG, HOME & ESG funds for FY 2021; and
WHEREAS, HUD has issued a correction to the FY 2021 allocations increasing the
Community Development Block Grant (CDBG) by $28,762.00 from $1,951,795.00 to
$1,980,557.00; and
WHEREAS, budget for the grant funds must be revised to reflect the changing
allocation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Morris in the State of New Jersey that the Commissioner Director of Morris
County and other responsible and appropriate officials are hereby authorized and directed to
execute on behalf of the County of Morris an amended SF-424 agreement as may be required
under the Rules and Regulations of the U.S. Department of Housing and Urban Development.
RES-2021-416 RESOLUTION FOR PLANS & SPECS FOR REPLACEMENT OF MORRIS COUNTY BRIDGE
NO. 1400-672 ON WASHINGTON VALLEY ROAD IN MENDHAM TOWNSHIP, NEW
JERSEY ( B21-115 ) (Department of Public Works) (ID #8064)
BE IT RESOLVED by the Board of County Commissioners of the County of Morris in
the State of New Jersey as follows:
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1. That the Plans and Specifications for the Replacement of Morris County Bridge
No. 1400-672 on Washington Valley Road in Mendham Township, Morris County, New Jersey
(B21-115) are hereby approved.
2. That the Director is hereby authorized to sign the Plans.
3. That the County Purchasing Agent is hereby directed to advertise for bids for the
project forthwith.
4. That this resolution shall take effect immediately.
RES-2021-417 RESOLUTION AUTHORIZING THE EXECUTION OF A SERVICE AGREEMENT FOR FIRE
DISPATCHING SERVICES BETWEEN THE COUNTY OF MORRIS AND THE PARSIPPANY
FIRE DISTRICT 5 (Department of Law & Public Safety) (ID #8063)
BE IT RESOLVED, by the Board of County Commissioners of the County of Morris in
the State of New Jersey as follows:
1. The Director of the Board of County Commissioners is hereby authorized to sign
and execute an interlocal services agreement for fire dispatching services provided by the
County's Communication Division to Parsippany Fire District No. 5 in accordance with the terms
of the agreement, a copy of which is on file in the Office of the Department of Law and Public
Safety and made a part hereof by reference.
2. This resolution shall take effect in accordance with the law.
RES-2021-418 RESOLUTION AUTHORIZING A CONTRACT RENEWAL FOR MARKING PAVEMENT FOR
MC ROADS FROM DENVILLE LINE PAINTING INC., IN THE AMOUNT OF $589,026.00
(JUNE 1, 2021 THRU MAY 31, 2023) (Department of Public Works) (ID #8053) WHEREAS, the then Board of Chosen Freeholders of the County of Morris, by
Resolution No. 28 adopted May 22, 2019, awarded an as-needed contract to Denville Line Painting, Inc., for Bid No. B19-55R Pavement Markings for Morris County Roads; and
WHEREAS, the County of Morris and Denville Line Painting, Inc., agree to extend the terms and conditions of the existing contract for an additional twenty-four (24) month term from June 1, 2021 through May 31, 2023 reflecting a Consumer Price Index (CPI) of 1.6% as of December 2020; and
WHEREAS, the Chief Financial Officer has authorized the availability of funds and shall issue a Certificate of Availability of Funds for the account listed below.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Morris in the State of New Jersey as follows:
Denville Line Painting, Inc.
2 Green Pond Road
Rockaway, NJ 07866
Vendor #: 14267
Using Agency: Morris County
Amount not exceed $589,026.00
Budget Line Item: 01-201-26-290100-221
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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Term: extended from June 1, 2021 through May 31, 2023.
1. The Director of the Board of County Commissioners is hereby authorized to
execute said agreement as prepared by County Counsel.
2. This resolution shall take effect immediately.
RES-2021-419 RESOLUTION AUTHORIZING A PROPOSAL FOR MORRIS/SUSSEX/WARREN ONE STOP
OPERATOR AND CAREER SERVICE MANAGER IN RESPONSE TO WORKFORCE
DEVELOPMENT BOARD REQUEST FOR COMPETITIVE CONTRACT PROPOSAL
(Department of Human Services) (ID #8054)
WHEREAS, the Morris/Sussex/Warren Workforce Development Board (WDB) issued a
Request for Proposal (RFP) for a One-Stop Operator and Career Service Manager due May 27,
2021; and
WHEREAS, the Division of Employment and Training of the County of Morris plans to
respond to the RFP.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of
the County of Morris in the State of New Jersey as follows:
1. That Victoria Bollhardt, the Director of Employment and Training Services, is
authorized to submit a One-Stop Operator and Career Service Manager proposal to the WDB on
behalf of the County of Morris.
2. That Victoria Bollhardt is authorized to execute and file, on behalf of the County
of Morris, certifications, and assurances, and other documents required as part of the submission
of this proposal to the WDB.
3. This Resolution shall take effect immediately.
RES-2021-420 RESOLUTION AUTHORIZING A CHANGE ORDER WITH AMERICAN ASPHALT AND
MILLING SERVICES FOR MILLING AND RESURFACING OF LONG HILL ROAD IN THE
TOWNSHIP OF LONG HILL TO DECREASE THE CONTRACT BY $11,895.35 FOR FINAL AS
BUILT QUANTITIES TO CLOSE OUT PROJECT. THE NEW CONTRACT TOTAL IS
$198,922.25. (Department of Public Works) (ID #8059)
WHEREAS, a contract was awarded on August 12, 2020 to American Asphalt and
Milling Services, LLC for milling and resurfacing of Long Hill Road in the Township of Long
Hill; and
WHEREAS, it has been determined that it is necessary to decrease the contract for final
as built quantities to close out contracts.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Morris in the State of New Jersey that, pursuant to Local Public Contracts
Regulations, contract modification as detailed on "Contract Change Order Request" No. 1-
222892 is hereby approved as follows:
1. Vendor: American Asphalt and Milling Services, LLC
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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96 Midland Avenue
Kearny, NJ 07032
2. Item: Final as built quantities to close out the project
3. Decrease in Cost: $ 11,895.35
4. New Contract Total: $ 198,922.25
5. The necessary amended Certificate of Availability of Funds has been provided by
the County CFO and said amended Certificate indicates the availability of funds is as listed in
Account 04-216-55-953555-940; (-$1,635.53) and Account # 02-213-41-864095-391 (-
$10,259.82).
6. The Director of the Board of County Commissioners is hereby authorized to
execute said contract modification.
7. This resolution shall take effect immediately.
RES-2021-421 RESOLUTION TO RESCIND & RETURN DUPLICATE TRAIL GRANT AWARD FUNDS
(Park Commission) (ID #8061)
WHEREAS, the Board of County Commissioners of the County of Morris, authorized
funding from the Open Space, Recreation, Farmland and Historic Preservation Trust Fund for
Trail Construction Grant Program awards for 2020 as follows:
BE IT FURTHER RESOLVED, that pursuant to N.J.S.A. 40A:4-87 this resolution has
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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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.
Approval is hereby given to the cited resolution adopted by the governing body pursuant
to N.J.S.A. 40A:4-87.
For Director, Division of Local Government Services
by:
Duly Appointed Designee Date Certified
RES-2021-446 RESOLUTION APPROVING THE SETTLEMENT OF THE ACQUISITION OF A FEE TAKING
OF TAX BLOCK 10905, LOT 1 IN THE TOWNSHIP OF ROXBURY MORE COMMONLY
KNOWN AS 104 LANDING ROAD AND TAX BLOCK 10904, LOT 3 IN THE TOWNSHIP OF
ROXBURY MORE COMMONLY KNOWN AS 105 LAKESIDE BOULEVARD IN
CONJUNCTION WITH A PROJECT FOR THE REPLACEMENT OF THE LANDING ROAD
BRIDGE (BRIDGE NUMBER 1400-073) AND APPROPRIATING THE ADDITIONAL SUM OF
$250,000.00 THEREFOR FROM GRANT ACCOUNT NUMBER 02-213-41-864250-392
(County Counsel) (ID #8089)
WHEREAS, as part of a project (hereinafter “Project”) involving the replacement of the
Landing Road (Bridge No.1400-073) in the Townships of Roxbury, the Board of County
Commissioners of the County of Morris in the State of New Jersey, by Resolution dated May 12,
2021 determined that the acquisition of fee takings are necessary for public purposes and that the
County must acquire a fee interest in real property described as Tax Block 10905, Lot1 1, more
commonly knowns as 104 Landing Road on the Tax Map of the Township of Roxbury and Tax
Block 10904, Lot 3, more commonly knowns as 105 Lakeside Boulevard on the Tax Map of the
Township of Roxbury (hereinafter “Subject Properties”); and
WHEREAS. the County of Morris’s (hereinafter “County”) Resolution of May 12, 2021
approved an offer of $1,565,000.00 for the necessary order of taking to acquire the Subject
Properties; and
WHEREAS, the owner of the Subject Properties, 4C’s Lakefront Lodging, LLC, has
agreed to settle the needed acquisition of the Subject Properties for an additional $250,000.00,
with $239,084.00 of the settlement monies put in an escrow for environmental remediation
according to the Environmental Escrow Agreement (hereinafter “Escrow Agreement”) which is
on file in the Morris County Engineer’s Office and available for inspection upon request, subject
to the approval of the Board of County Commissioners of the County of Morris; and
WHEREAS, Special Counsel for Morris County has recommended settlement of the
matter as proposed herein, in order to avoid the costs of litigation and a possible immediate cost
recovery action; and
WHEREAS, Robert Schwarz, MAI, Harry L. Schwarz and Company, the appraiser for
Morris County, has recommended approval of the proposed settlement, as set forth in his letter of
May 21, 2021, due to the cost of litigation and the possible need to litigate an immediate cost
recovery action; and
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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WHEREAS, Morris County’s environmental consultant has discovered environmental
contamination on the Subject Properties at 105 Lakeside Boulevard, and, as noted in his letter of
May 20, 2021, has estimated $239,084.00 as the cost to remediate the contamination; and
WHEREAS, Morris County has a qualified immunity pursuant to the New Jersey Spill
Compensation and Control Act, N.J.S.A. 58:10-23.11(g) for environmental contamination
discovered on property acquired by government using the power of eminent domain; and
WHEREAS, the New Jersey Supreme Court, in Housing Authority of the City of New
Brunswick v. Suydam, 177 N.J. 2 (2003) and New Jersey Transit v. Cat in the Hat, 177 N.J. 28
(2003) set forth a procedure for addressing contamination discovered on properties acquired by
government via eminent domain through the creation of a “trust escrow;” and
WHEREAS, in accordance with the methodology adopted by the New Jersey Supreme
Court in the foregoing cases, the acquiring entity investigates the property to be acquired in
eminent domain for environmental contamination, and if such contamination is discovered and
there is not an active remediation, the estimated cost of remediation is taken from the just
compensation for the property being acquired in eminent domain, that amount is held in a trust
escrow and used to remediate the contamination, with any monies left over from the trust escrow
after the site is remediated, returned to the owner, and with the owner responsible for the
additional cost if the remediation costs more than the estimated cost of remediation; and
WHEREAS, the owner of the Subject Properties has agreed to overall settlement of the
acquisition of the Subject Properties for $1,815,000.00 and has also agreed to the $239,084.00
trust escrow, and has executed the Escrow Agreement, which provides a process under which the
escrow funds will be used to remediate the Subject Properties.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Morris, in the State of New Jersey having determined in its resolution of May 12,
2021 that it is necessary, required, desirable, in the public interest and in the best interests of the
County that it acquire the Subject Properties, and taking into consideration the recitals above,
including the advice and recommendation of Special Counsel; the settlement of the acquisition of
the Subject Properties for a total of $1,815,000.00, with an escrow of $239,084.00 subject to the
terms of the escrow agreement, is hereby approved.
BE IT FURTHER RESOLVED that the Escrow Agreement is approved and the County
Administrator is hereby authorized to execute the Escrow Agreement for and on behalf of the
County of Morris.
BE IT FURTHER RESOLVED that in the event that County Counsel is unable to close
with the owner(s) of the aforementioned real property as to the compensation to be paid
therefore, free and clear of all liens of lienholders, and with an escrow for environmental
contamination, then said Counsel is hereby authorized to institute condemnation proceedings in
the name and for the benefit of the County in accordance with the eminent domain laws of the
State of New Jersey for the acquisition of the real property hereinabove described, and to
institute such proceedings at the cost and expense of the County.
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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BE IT FURTHER RESOLVED that there is hereby authorized the sum of Two
Hundred Fifty Thousand ($250,000.00) Dollars for the necessary order of taking to be added to
the One Million Five Hundred Sixty Five Thousand ($1,565,000.00) Dollars to settle the
acquisition of the said property, for a total acquisition price of One Million Eight Hundred
Fifteen Thousand ($1,815,000.00) Dollars from Grant Account Number 02-213-41-864250-392.
The Treasurer is hereby authorized to remit a check in the sum of Two Hundred Fifty Thousand
($250,000.00) Dollars made payable to the firm of Waters, McPherson, McNeill, P.C. Trust
Account.
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately and
be in full force from and after its passage.
RES-2021-447 RESOLUTION AUTHORIZING THE PURCHASE OF MAINTENANCE RENEWAL FOR THE
FUSION ELECTRONIC HEALTH RECORDS SYSTEM IN USE BY THE MORRIS COUNTY
CORRECTIONAL FACILITY FROM SHI INTERNATIONAL CO., UNDER THE STATE
OF NEW JERSEY COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF
$127,428.17 (Department of Information Technology) (ID #8066)
BE IT RESOLVED as follows:
1. The County of Morris wishes to purchase a maintenance renewal for the Fusion
Electronic Health Records System in use by the Morris County Correctional Facility 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.
SHI International Co.
290 Davidson Avenue
Somerset NJ 08873
Term: 05/07/2021 - 05/06/2022
NJSC #: M0003 / A89851
Vendor #: 17726
Morris County Correctional Facility
Account: 01-201-25-280100-044
Amount: $127,428.17
RES-2021-448 RESOLUTION FOR THE EXECUTION OF AGREEMENT BETWEEN COUNTY OF MORRIS
& TOWN OF MORRISTOWN PROVIDING OWNERSHIP OF ROUNDABOUT
INTERSECTION OF MORRIS STREET & SPRING STREET/WILMOT STREET IN TOWN
OF MORRISTOWN, NEW JERSEY (Department of Public Works) (ID #8062)
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE
COUNTY OF MORRIS AND THE TOWN OF MORRISTOWN PROVIDING
JURISDICTIONAL OWNERSHIP OF A ROUNDABOUT CONSTRUCTED AT THE
INTERSECTION OF MORRIS STREET (CR 510) AND SPRING STREET/WILMOT
STREET IN THE TOWN OF MORRISTOWN, COUNTY OF MORRIS
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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WHEREAS, Morris Street (CR 510) is the responsibility of the County; Spring Street
and Wilmot Street are the responsibility of the Town of Morristown; and
WHEREAS, a traffic roundabout will be constructed at the intersection of Morris Street
(CR 510) and Spring Street and the existing traffic signal will be removed; and
WHEREAS, the County of Morris has requested that an Agreement be entered between
the County of Morris and the Town of Morristown, which would allocate the Jurisdiction
responsibilities for roadway maintenance and control in an equitable manner as required by
N.J.S.A. 27:7-1 et seq. between the County of Morris and the Town of Morristown with
reference to the roundabout; and
WHEREAS, the Jurisdictional Limit Map entitled, Jurisdiction Map Morris Street (CR
510) and Spring Street/Wilmot Street, Town of Morristown, dated November 23, 2020 has been
reviewed and approved by the County; and
WHEREAS, the Roadway Maintenance Map entitled, Snow and Ice Removal Map
Morris Street (CR 510) and Spring Street/Wilmot Street, Town of Morristown, dated November
23, 2020 has been reviewed and approved by the County; and
WHEREAS, the Town of Morristown has passed a municipal resolution R-64-202 on
March 23, 2021.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of
the County of Morris in the State of New Jersey are hereby authorized to execute Jurisdictional
Agreement.
BE IT FURTHER RESOLVED, upon adoption, the County Engineering Department
will send a certified copy to the Town of Morristown.
RES-2021-449 RESOLUTION AUTHORIZING THE EXECUTION OF A DEVELOPER'S AGREEMENT BY
AND BETWEEN THE COUNTY OF MORRIS AND M-STATION EAST URBAN RENEWAL
ASSOCIATES, LLC (County Counsel) (ID #8091)
WHEREAS, M-Station East Urban Renewal Associates, LLC (the “Developer”) is
constructing a project known as M-Station located at 74 Morris Street, Morristown, New Jersey,
more specifically and originally known as Block 4901, Lots 7-8, Block 3505, Lots 1-2, 10,
10.01, 11-14 and 15.01 (hereinafter "Development") and for consolidated lots which are now
designated as Block 2505, Lot 1.01 (East Lot) and Block 3505, Lot 1.02 (West Lot) collectively
known as the “Project”; and
WHEREAS, Developer applied for final County subdivision and site plan approval for
certain improvements to be constructed on the County right-of-way; and
WHEREAS, Developer received final subdivision and site plan approval from the
Morris County Planning Board (the “Board”) in connection with the Project located at the
northern corner of the Morris Street (CR510)/Spring Street Intersection; and
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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WHEREAS, as part of the Project, Developer will reconfigure a portion of Morris Street,
which is a County road, specifically County Road #510 and will require County improvements to
be constructed pursuant to the Site Plan consisting of physical improvements along Morris Street
(Morris County Road #510) and within the County roadway and County right-of-way, including
the construction of a new roundabout at the intersection of Morris and Spring Streets; and
WHEREAS, site plan approval required the Developer to enter into a developer’s
agreement with the County of Morris in connection with the Project to ensure compliance with
the conditions of approval; and
WHEREAS, the parties have determined that entering into the Developer’s Agreement is
desirable to confirm the parties’ agreement with respect to the Developer’s construction of
improvements and operation of the Project; and
WHEREAS, Morris County Board of County Commissioners desire to enter into the
Developer’s Agreement with M-Station East Urban Renewal Associates, LLC.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners in
the County of Morris, in the State of New Jersey, as follows:
1. The Morris County Board of County Commissioners authorizes the execution of
a Developer’s Agreement between the County of Morris and the M-Station East Urban Renewal
Associates, LLC.
2. The Morris County Board of County Commissioner Director is hereby authorized
to execute the Developer’s Agreement after review by the County Administration and County
Counsel.
RES-2021-450 RESOLUTION AUTHORIZING A CONTRACT RENEWAL FOR LABOR RATES MASONRY
SERVICES FROM PANCIELLO CONSTRUCTIONS, LLC IN THE AMOUNT OF $101,600.00
(JUNE 1, 2021 THRU MAY 31, 2022) (Department of Public Works) (ID #8065) WHEREAS, the then Board of Chosen Freeholders of the County of Morris, by
Resolution No. 26 adopted May 22, 2019, awarded an as-needed contract to Panciello Constructions, LLC for Bid No. B19-93 Labor Rates for Masonry Services for Morris County Departments; and
WHEREAS, the County of Morris and Panciello Construction, LLC agree to extend the terms and conditions of the existing contract for an additional twelve (12) month term from June 1, 2021 through May 31, 2022 reflecting a Consumer Price Index (CPI) of 1.6% as of December 2020; and
WHEREAS, the availability of funds is certified by the Certifying Officer through the budgetary accounting encumbrance process as set forth in N.J.A.C. 5:30-5:3(c) and 5:30-5.4(b) and shall take place of the written certification of available funds; and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Morris in the State of New Jersey as follows:
Panciello Construction, LLC 206 S Hillside Avenue
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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Succasunna, NJ 07876
Vendor #13009
Using Agency: Morris County
Budget Line Item: 04-216-55-953490-951
Amount not to exceed: $101,600.00 Term: extended from June 1, 2021 through May 31, 2022
1. The Director of the Board of County Commissioners is hereby authorized to
execute said agreement as prepared by County Counsel.
2. This resolution shall take effect immediately.
RES-2021-451 RESOLUTION AUTHORIZING THE PURCHASE OF A RENEWAL OF THE MAINTENANCE
CONTRACT FOR OUR KRONOS SOFTWARE, SERVICES AND EQUIPMENT SUPPORT, FOR
THE TERM OF THREE (3) YEARS WITH ANNUALIZED PAYMENTS, FROM SHI
INTERNATIONAL, UNDER THE STATE OF NEW JERSEY COOPERATIVE PURCHASING
PROGRAM IN THE AMOUNT OF $678,834.95. (Department of Information Technology)
(ID #8052)
BE IT RESOLVED as follows:
1. The County of Morris wishes to purchase a renewal of the maintenance contract
for our Kronos software, services and equipment support, for the term of three (3) years with
annualized payments, 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.A. 40A: 11-12.
SHI INTERNATIONAL
290 Davidson Ave
Somerset, NJ 08873
NJSC#: M0003 / A89851
Vendor #17726
Contract Term: June 2021 – June 2024
Office of Information Technology
Account: 01-201-20-140100-078
Total Amount: $678,834.95
Annual Payments:
2021: $226,247.94
2022: $226,247.94
2023: $226,339.07
RES-2021-452 RESOLUTION APPOINTING MARTHA E. WELLS TO THE HERITAGE COMMISSION
(Clerk of the Board) (ID #7987)
BE IT RESOLVED by the Board of County Commissioners of the County of Morris
and State of New Jersey that Martha E. Wells be and is hereby appointed to the HERITAGE
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COMMISSION to serve an unexpired five-year term, which will expire on December 31, 2023,
without salary.
RES-2021-453 RESOLUTION APPOINTING XIOMARA GUEVARA TO THE ADVISORY COMMITTEE ON
WOMEN (Clerk of the Board) (ID #8095)
BE IT RESOLVED by the Board of County Commissioners of the County of Morris in
the State of New Jersey that Xiomara Guevara be and is hereby appointed to the MORRIS
COUNTY ADVISORY COMMITTEE ON WOMEN to serve a one (1) year term to expire on
December 31, 2021, without salary.
RES-2021-454 RESOLUTION APPOINTING HEATHER DIAMOND TO THE MENTAL HEALTH ADVISORY
BOARD (Clerk of the Board) (ID #8096)
BE IT RESOLVED by the Board of County Commissioners of the County of Morris in
the State of New Jersey that Heather Diamond be and is hereby appointed to the MENTAL
HEALTH ADVISORY BOARD to serve a three (3) year term to expire on June 30, 2024,
without salary.
RES-2021-455 RESOLUTION AUTHORIZING APPOINTMENTS TO THE ADVISORY COUNCIL ON AGING,
DISABILITIES AND VETERANS (Clerk of the Board) (ID #8097)
BE IT RESOLVED by the Board of County Commissioners of the County of Morris in
the State of New Jersey that Christina Brino and Debra Eckert-Casha are hereby appointed to
the ADVISORY COUNCIL ON AGING, DISABILITIES AND VETERANS, without salary,
for a term to expire on December 31, 2021.
PAYMENT OF BILLS
BE IT HEREBY RESOLVED that the bills as shown on the “SCHEDULE OF WARRANTS”
all having been approved by the proper committees of officials where legally required, be and the
same are hereby authorized to be paid. The “SCHEDULE OF WARRANTS” designated as Bill
Resolution No. 10-21 totals $3,643,592.10 dated and made a part hereof by reference.
Commissioner DeFillippo made a motion, and Commissioner Selen seconded the motion, to
adopt the Bill Resolution.
The Clerk called the roll and recorded the vote:
BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING
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YES: Commissioners Cabana, DeFillippo, Krickus, Selen, Smith and Director Shaw
NO: None
ABSENT: Commissioner Mastrangelo
The Bill Resolution was adopted by a vote of 6-0.
COMMISSIONER COMMENTS
Deputy Director Smith wished everyone a safe and enjoyable Memorial Day weekend, noting
that a lot of restraints have been loosened. She hoped everyone will enjoy the weekend and that
the weather will improve, but also to remember it is Memorial Day and remember what we are
celebrating.
Commissioner Krickus wanted to make a few comments, the first being that we need to make
sure to follow up on the resident issue involving noise, stating that we are known to be very
responsive to our residents and hopes that we can resolve the issue for the residents. The second
comment was to say that over the past year Morris County has led the way in urging the
reopening. We were the first county last year to call for the reopening. Finally, he commented
on the Memorial Day ceremony that we had today and he appreciates all the effort that went into
it. He also noted that last year a couple of members of the administration, he and the sheriff
observed Memorial Day, noting that even with the constraints of the pandemic, we were not
going to let Memorial Day go by without it being observed in Morristown.
Commissioner Cabana stated that he had had a power surge that knocked him off temporarily
and wanted to make sure his vote on the resolution and bills was recorded. He voted yes to all
on the resolutions and yes to the bill resolution. The Clerk recorded his votes.
Commissioner Cabana also echoed the comments about today’s Memorial Day Service, where
we honored those that have made the ultimate sacrifice in preserving our liberty. Now more than
ever, we need to really look at that and appreciate it. He wished everyone a happy Memorial
Day weekend.
ADJOURNMENT
There was no further business. On motion by Commissioner Selen and seconded by
Commissioner Cabana, the Board unanimously agreed to adjourn the meeting at 7:50 p.m.