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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
A regular meeting of The Board of Chosen Freeholders of the County of
Morris, State of New Jersey, was held on November 28, 2012, in the Borough of
Wharton Municipal Building, 10 Robert Street, New Jersey. The meeting beganat 7:30 p.m.
Clerk of the Board Diane M. Ketchum announced that adequate notice of
this regular meeting held the 28th day of November, 2012 has been provided
through resolution adopted by this Board at its Regular Meeting held at the
Administration and Records Building on July 11, 2012, to the Star Ledger, the
Daily Record, and the Record through posting on the County website and by
filing a copy of same with the Morris County Clerk and the Clerk of this
Board.
ROLL CALL
PRESENT: Freeholders Douglas Cabana, John Cesaro, Ann Grossi,
Hank Lyon, Thomas Mastrangelo, John Murphy and
Director William Chegwidden (7)
ALSO PRESENT: County Administrator John Bonanni, County Counsel
Dan O’Mullan, Assistant County Counsel Randy Bush and
Clerk of the Board Diane M. Ketchum
PRAYER AND FLAG SALUTE
County Counsel Dan O’Mullan opened the meeting with a prayer and a
salute to the flag.
--
RESOLUTION OF APPRECIATION
Borough of Wharton Mayor and Council
--
MINUTES FOR APPROVAL
All Meeting Minutes for October 24 and November 12, 2012. On motion by
Freeholder Murphy and seconded by Freeholder Grossi, the meeting minutes were
approved.
--
COMMUNICATIONS
1. Confirming/ratifying the action of the Director to approve a request
from the Dover Renaissance Five-Kilometer Run group to close a portion
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
BY AND FOR THE COUNTY OF MORRIS, NEW JERSEY” is hereby amended to read as
follows:
Section 2. Section 3(a) of said Bond Ordinance number 953257 of the
County, finally adopted October 12, 2011, is hereby amended to include
various bridge, road and facility improvements related to Hurricane Sandy.
Therefore, Section 3(a) of said bond ordinance number 95325 shall read in its
entirety as follows:
“The improvements hereby authorized and the purposes for the financing
of which said obligations are to be issued are for various bridge, road
and facility improvements related to Hurricane Irene and/or Hurricane
Sandy, including all work, materials and equipment necessary therefore
and incidental thereto (all as shown on and in accordance with the
plans and specifications therefore on file in the office of the Clerk
of the Board of Chosen Freeholders and hereby approved).”
Section 3. All other details of the bond ordinance referred to in
Section 1 hereof shall remain the same.
Section 4. This bond ordinance shall take effect twenty (20) days
after the first publication thereof after final adoption, as provided by theLocal Bond Law.
Director Chegwidden stated: “The Public Hearing is now open.” There
were no public comments, and the Director declared the Public Hearing closed.
Freeholder Cesaro moved that the ordinance under consideration be
adopted on the second and final reading. Freeholder Mastrangelo seconded the
motion.
The Clerk called and recorded the following vote:
YES: Freeholders Cabana, Cesaro, Grossi, Lyon, Mastrangelo,
Murphy, and Director Chegwidden (7)
Freeholder Cesaro moved that the Clerk be authorized to publish the
Ordinance in summary form and notification of its passage in the local
newspaper in accordance with the law. Freeholder Mastrangelo seconded the
motion, which passed with seven YES votes.
--
PUBLIC PORTION
Joel Aronson, Borough of Wharton resident, thanked the Board for coming
to Wharton Borough this evening.
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
Freeholder Lyon said he can unequivocally state that he has not made up
his mind, and he has not influenced the two new freeholders in this matter.
Ms. Hrobuchak and Ms. Toriello thanked Director Chegwidden and
Freeholder Murphy for all they have done for the County.
Ms. Karen Kajdinyak, resident of Randolph Township, spoke about her
mother who is a patient at Morris View for the last seven years. Her mother
was unresponsive recently, and she was attended to immediately with oxygen
and a call to her doctor. Ms. Kajdinyak would hate to see anything happen to
this nursing home. Having her mother at Morris View gives her peace of mind.
She thanked both Director Chegwidden and Freeholder Murphy for supporting
Morris View over the years.
--
RESOLUTIONS
Freeholder Murphy introduced the following resolutions:
(1)
RESOLVED that the Director is hereby authorized to execute and theClerk shall attest and affix the seal to the Release of Receipt of Grant and
Lien in the matter of the client(s), and the Clerk shall deliver the same to
Community Development.
Henry Adamczyk
Joseph N & Lois M Baum
Rosalind J Bolan
Gerald A & Laura L Briant
Jean Bunkoski
Rodica Bush
Michael J & Margaret Campion
Katherine V Gray aka Eckert
Dorothy Mills
--
(2)
WHEREAS, per Road Opening Permit #10-16 issued to Rockaway Town Plaza,
the original amount was $117,565.22, comprising of $51,013.04 cash and
$66,552.18 Bond and;
WHEREAS, Rockaway Town Plaza has requested that $27,500.00 be returned
from Cash deposit portion of the permit.
NOW, THEREFORE BE IT RESOLVED by the Board of Chosen Freeholders that
the Freeholder Director is authorized to sign and the Clerk shall attest to
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
The Purchasing Agent is hereby authorized to execute said contract as
prepared by County Counsel.
The Treasurer is hereby authorized to issue a Certificate of Availability of
Funds.
This contract is awarded pursuant to a fair and open process in compliance
with N.J.S.A. 19:44A-20.1, et seq.
The resolution shall take effect immediately.
--
(5)
BE IT RESOLVED, by the Board of Chosen Freeholders of the County of
Morris in the State of New Jersey as follows:
1. That the County of Morris hereby awards a grant of $22,257 from the
FY 2012 Open Space and Farmland Preservation Trust Fund to Canal
Society of New Jersey for a project entitled Waterloo Village.
2. That the Director of the Board of Chosen Freeholders is hereby
authorized to sign and execute an agreement to expire on 9/24/2014 forthe aforesaid grant, and the Clerk to attest to the same, a copy of
which is on file in the office of the Department of Planning &
Development and made a part hereof by reference.
3. That the Treasurer issue a Certificate of Availability of Funds
indicating that funds are available from the Morris County Dedicated
Open Space Account #13-290-56-580-550-888 and process payment to the
grantee as directed by the office of the Department of Planning &
Development, all in accordance with this resolution.
--
(6)
WHEREAS, there exists a need from attorneys, licensed to practice in
the State of New Jersey, or retired law enforcement executives to serve as
hearing officers concerning disciplinary matters as needed within the
Sheriff’s Department in Morris County, New Jersey; and
WHEREAS, the contract was awarded as a “Professional Service” in
accordance with N.J.S.A. 40A:11-5(1)(a)(i) et seq. through a fair and openprocess, pursuant to N.J.S.A. 19:44A-20.4 et seq.;
NOW THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of the
County of Morris in the State of New Jersey as follows:
1. Agreements between the County of Morris and
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
4. Upon final adoption of the budget, a Certificate of Availability of
Funds shall be issued for the remaining balance subject to the
appropriation of sufficient funds.
5. A notice of this action will be published in accordance with the law.
6. This contract is awarded pursuant to a fair and open process in
compliance with N.J.S.A. 19:44A-20.4, et seq.
--
(7)
WHEREAS, there exists a need for TB Clinics Services to provide quality
of care to the residents of Morris County, New Jersey; and
WHEREAS, the New Jersey Department of Health (NJDOH) Tuberculosis (TB)
Program has designated Morristown Memorial Hospital as a member of the TB
Specialty Provider Network for such service; and
WHEREAS, the contract was awarded as a “Professional Service” in
accordance with N.J.S.A. 40A:11-5(1)(a)(i) et seq.,
NOW THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of theCounty of Morris in the State of New Jersey as follows:
1. The agreement between the County of Morris and
AHS Hospital Corp./Morristown Memorial Hospital
100 Madison Avenue
Morristown, New Jersey 07962
Amount: $120,000
Account #: 01-201-27-330100-079
Term: January 1, 2013 through December 31, 2013
Dept.: M.C. Health Management
for the aforesaid services, a copy of which is on file at the Morris
County Purchasing Division and is made a part hereof by reference, is
hereby approved and shall be entered into by this Board.
2. The Director of the Board of Chosen Freeholders is hereby authorized to
execute said agreement.
3. The Treasurer is hereby authorized to issue a Certificate of
Availability of Funds charging the appropriate account for amounts
reflecting all liabilities to be incurred through March 31, 2013, in
accordance with N.J.R. 3644, 5:34-5.3 (a) (2).
4. Upon final adoption of the budget, a Certificate of Availability of
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
the Morris County Division of Temporary Assistance for the month of October
2012.
DATE CHECK NO. PAYEE ACCOUNT TO BE CHARGED AMOUNT
10/01/2012 25632 K & A Associates 01-203-27-345100-365 1,050.00
10/03/2012 25633 JCP & L 01-201-27-345100-368 350.00
10/03/2012 25634 JCP & L 01-201-27-345100-368 350.00
10/03/2012 25635 JCP & L 01-201-27-345100-368 348.05
10/04/2012 25636 1 Jean St Building Assoc. 01-201-27-345100-365 1,465.50
10/04/2012 25637 Parsippany Inn 01-201-27-345100-368 775.00
10/04/2012 25638 Patricia Ort 01-201-27-345100-365 1,075.00
10/04/2012 25639 River Park Village 01-201-27-345100-365 1,015.00
10/04/2012 25640 Thomas Vara 01-201-27-345100-365 875.00
10/04/2012 25641 Thomas Vara 01-201-27-345100-368 875.00
10/05/2012 25642 Budd Lake Motel 01-201-27-345100-365
01-201-27-345100-368
200.00
700.0010/05/2012 25643 Housing Authority Town of
Dover
01-201-27-345100-365
01-201-27-345100-368
397.00
397.0010/05/2012 25644 JCP & L 01-201-27-345100-368 453.48
10/05/2012 25645 JCP & L 01-201-27-345100-368 172.46
10/05/2012 25646 JCP & L 01-201-27-345100-368 350.00
10/05/2012 25647 JCP & L 01-201-27-345100-368 180.90
10/05/2012 25648 JCP & L 01-201-27-345100-368 350.00
10/05/2012 25649 JCP & L 01-201-27-345100-368 326.30
10/05/2012 25650 Netcong Heights LLC 01-201-27-345100-365 1,425.00
10/05/2012 25651 New Jersey Natural Gas 01-201-27-345100-368 185.72
10/05/2012 25652 Southeast Morris Co.
Municipal
01-201-27-345100-368 455.12
10/05/2012 25653 Whippany Lodging LLC 01-201-27-345100-365 70.00
10/05/2012 25654 JCP & L 01-201-27-345100-368 158.87
10/05/2012 25655 New Jersey Natural Gas 01-201-27-345100-368 131.07
10/05/2012 25656 PSE & G 01-201-27-345100-368 138.81
10/05/2012 25657 Roxbury Circle Motel 01-201-27-345100-368
01-201-27-345100-365
465.00
235.0010/09/2012 25658 35-37 Fern LLC 01-201-27-345100-368
01-201-27-345100-365
366.67
550.0010/15/2012 25659 Borough of Butler Electric 01-201-27-345100-368 324.74
10/16/2012 25660 Postmaster 01-201-27-345100-068 800.00
10/16/2012 25661 Furniture House 01-201-27-345100-365 299.00
10/16/2012 25662 Glen Boyton 01-201-27-345100-365 1,000.00
10/16/2012 25663 Housing Authority of
Plainfield
01-201-27-345100-365 343.00
10/16/2012 25664 JCP & L 01-201-27-345100-365 205.25
10/16/2012 25665 PSE & G 01-201-27-345100-365 229.26
10/16/2012 25666 Rachel Affordable Housing 01-201-27-345100-365
01-201-27-345100-368
561.82
602.0810/16/2012 25667 Ro b r Circle Motel 01 201 27 345100 365 350 00
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
Paola A. Novillo De Vallejo and Xavier E. Vallejo
--
(11)
WHEREAS, the Board of Chosen Freeholders of the County of Morris has
reviewed, discussed and agrees to enter into a Grant of Bridge Maintenance
Easement Agreement by and between the Township of Montville, a municipal
corporation of the State of New Jersey, having offices located at
195 Changebridge Road, Montville, New Jersey 07045 (Grantor) and the County
of Morris, having offices at the Administration and Records Building, Court
Street, P.O. Box 900, Morristown, New Jersey 07963-0900 (Grantee) for
property known as Block 123, Lot 20, in the Township of Montville, County ofMorris, and State of New Jersey, more particularly described in the attached
Grant of Bridge Maintenance Easement Agreement, a copy of which is on file in
the Office of the Morris County Administrator.
NOW THEREFORE BE IT RESOLVED, by the Board of Chosen Freeholders of the
County of Morris, State of New Jersey as follows:
1. The Freeholder Director and the Clerk of the Board of Chosen
Freeholders be and they are hereby authorized to execute and attest,respectively, the Grant of Bridge Maintenance Easement Agreement by and
between the Township of Montville, a municipal corporation of the State
of New Jersey, having offices located at 195 Changebridge Road,
Montville, New Jersey 07045 (Grantor) and the County of Morris, having
offices at the Administration and Records Building, Court Street,
P.O. Box 900, Morristown, New Jersey 07963-0900 (Grantee) for property
known as Block 123, Lot 20, in the Township of Montville, County of
Morris, and State of New Jersey, more particularly described in the
attached Grant of Bridge Maintenance Easement Agreement, a copy of
which is on file in the Office of the Morris County Administrator.
2. The Clerk of the Board shall record the Grant of Bridge Maintenance
Easement Agreement with the Office of the Morris County Clerk.
3. The within resolution shall take effect immediately.
--
(12)
WHEREAS, there exists a need for General Engineering Assistance to theEngineering Division of the Morris County Public Works Department, on-site at
the Morris County Administration & Records Building in Morristown, on an as-
needed basis. Duties shall include reviewing land development applications to
include subdivisions, certain site plans, and bridge, drainage and roadway
project design reviews for various construction projects within Morris
County; and
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
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.
--
(13)
With respect to recent bidding for Medical Laboratory Diagnostic
Services for the Morris County Correctional Facility, New Jersey, a contract
is hereby awarded to the sole responsible bidder as follows:
Total
Bio-Reference Laboratories, Inc. $50,000 (not to exceed)
481 Edward H. Ross DriveElmwood Park, NJ 07407-3118
Vendor ID#: 6725
Term: Two years: January 1, 2013 through December 31, 2014
Budget: 01-201-25-280100-189
Dept: Jail
1. The Purchasing Agent is hereby authorized to execute said contract as
prepared by County Counsel.
2. The Treasurer is hereby authorized to issue a Certificate of
Availability of Funds charging the appropriate account for amounts
reflecting all liabilities to be incurred through March 31, 2013 and
2014, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2).
3. Upon final adoption of the budget, a Certificate of Availability of
Funds shall be issued for the remaining balance subject to the
appropriation of sufficient funds.
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.
--
(14)
With respect to recent bidding for On-Site Radiology Services to the
Morris County Correctional Facility, New Jersey, a contract is hereby awarded
to the sole responsible bidder as follows:
Total
Symphony Diagnostic Services No. 1, Inc.,
d/b/a MobilexUSA $40,000 (not to exceed)
101 Rock Road
Horsham, PA 19044
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
WHEREAS, to accomplish this work safely and efficiently the bridge must
be closed to all traffic, for a period of approximately three (3) weeks; and
WHEREAS, the Engineering Division of the Department of Public Works of
the County of Morris has provided an acceptable traffic detour, to the Police
Departments of the Townships of Jefferson and West Milford and will notify
the municipalities 72 hours in advance of the commencement of work;
NOW, THEREFORE BE IT RESOLVED by the Board of Chosen Freeholders of the
County of Morris in the State of New Jersey that the closing of County Bridge
No. 1400-323 on Cozy Lake Road over the Pequannock River in the Townships of
Jefferson, County of Morris and West Milford, County of Passaic to all
traffic for a period of approximately three (3) weeks from December 3, 2012through December 21, 2012 is hereby approved.
This resolution shall remain valid for one year after the date of
adoption. Copies of this resolution shall be sent to the Administrators of
the Townships of Jefferson and West Milford, and the County Engineer of the
County of Morris.
--
(16)WHEREAS, on December 14th, 2011 by Resolution #53 a contract for
Paving Markings for Various County Roads was awarded to the lowest
responsible bidder, Statewide Striping Corp and,
WHEREAS, the specifications provided an option for renewal for one year
and,
WHEREAS, it is in the best interest of the County to exercise said
option, now therefore,
BE IT RESOLVED that said contract with Statewide Striping Corp, be
renewed as follows:
Statewide Striping Corp
499 Pomeroy Road
Parsippany NJ 07054
Term: January 1st, 2013 thru December 31st, 2013
Amount: $262,225.00
Budget: 01-201-26-290100-221Dept: Roads Dept.
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,
2013, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2). Upon final
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
Harrisburg PA 17101 Amount: $4,331.21
NJSC#A66907
--
(18)
BE IT RESOLVED as follows:
1. The County of Morris wishes to purchase goods and services from the
following authorized vendors under the State of New Jersey Cooperative
Purchasing Program 1-NJCP, according to Local Public Contract Laws,
N.J.S. 40A:11-12.
Verizon Select Services Information Technologies500 Techonology Drive 04-216-55-962230-955
Weldon Springs MO 63304 Amount: $220,365.75
NJSC#A43338
2. The Treasurer is hereby authorized to issue Certificates of
Availability of Funds.
--
(19)BE IT RESOLVED as follows:
1. The County of Morris wishes to purchase goods and services from the
following authorized vendors under the State of New Jersey Cooperative
Purchasing Program 1-NJCP, according to Local Public Contract Laws,
N.J.S. 40A:11-12.
Emerald Professional Morris View Healthcare
285 Pierce St Split Account:
Somerset NJ 8873 Amount: $ 19,316.60HGP1111
01-201-27-350130-046 $6,380.00
01-201-27-350125-182 $12,936.60
D & B Auto Supply Motor Service Center
320 Lincoln Blvd 01-201-26-315100-291
Middlesex NJ 08846 Amount: $2,244.76
CC-0113-12
Schindler Elevator Corp. Morris View Healthcare
20 Whippany Road 01-201-27-350110-044
Morristown NJ 07960 Amount: $2,244.76
Leading Age
Staples Business Morris View Healthcare
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
Woodruff Energy Morris View Healthcare
73 Water Street 01-201-27-350110-141
Bridgeton NJ 08302*-0499 Amount: $13,867.13HGP1144
Inter City Tire Motor Service Center
777 Dowd Avenue 01-201-26-315100-245
Elizabeth NJ 07201 Amount: 4,127.00
NJSC#A82528
State Of NJ Morris View Healthcare
P O Box 234 01-201-27-350115-185
Trenton NJ 08625 Amount: $5,440.34
BFI MC Correctional
10 Lanidex Center W 01-201-25-280100-162
Parsippany NJ 07054 Amount: $20,834.34
NJSC#A81711
R.D. Sales Door Morris View Healthcare
220 West Parkway Unit #3 Split Accounts:
Pompton Plains NJ 07444 Amount: $58,380.00Leading Age
04-216-55-953132-956 $43,455.92
04-216-55-953181-951 $14,924.08
Verizon Information Technologies
303 Walnut Street 01-201-31-430100-146
Harrisburg PA 17101 Amount: $12,720.67
NJSCA#66907
--(20)
1. In accordance with N.J.S.A. 40A:11-15, a contract is hereby awarded,
for the provision of maintenance of proprietary computer software and
upgrade to the CADS system for the Law & Public Safety, to:
Keystone Public Safety
One Tall Oaks Corporate Center
1000 Lenola Road, Suite 101
Maple Shade NJ 08052Amount: $25,000.00
Term: November 1st, 2012 thru November 1st, 2013
Budget Line Item: 01-201-25-252100-059
Using Department: Law & Public Safety
2 The Treasurer is hereby authorized to issue a Certificate of
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
Silver Squeak Inc .
128 Whittlesey Avenue
West Orange NJ 07052Amount: $18,000.00
Budget: 01-201-26-310100-256
Dept: Buildings & Grounds
Term: January 1, 2013 thru December 31, 2013
L.B. Services LLC
403 Pigeon View Lane
Nw Castle, DE 19720
Amount: $5,000.00
Budget: 01-201-27-350110-256Dept: Morris View Healthcare Center
1. 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.
--
(22)
WHEREAS, on February 8th, 2012 by Resolution #35 a contract for Long
Distance Telephone Services for Morris County Facilities was awarded to the
lowest responsible bidder, A T & T and,
WHEREAS, the specifications provided an option for renewal for one year
and,
WHEREAS, it is in the best interest of the County to exercise said
option, now therefore,
BE IT RESOLVED that said contract with A T & T, be renewed as follows:
A T & T
1 A T & T Way Room-2C224E
Bedminster NJ 07921Term: January 1st, 2013 thru December 31st, 2013
Amount: $29,352.00
Split Budget:
Risk Management 70-201-23-212100-146-$ 240.00
Weights & Meas. 01-201-22-201100-146-$ 156.00
Road Repairs 01-201-26-290100-146-$ 156.00
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
provided by a Planning Incentive Grant from the NJ Department of
Environmental Protection; and
WHEREAS, the County Treasurer (“Treasurer”) has issued a Certificate of
Availability of Funds designated as #64803 (formerly #C-1226) for the
property; and
WHEREAS, Denville Township (“Grantee”) has provided the Board an
executed Grant Agreement and requests the 75% cost share in an amount not to
exceed $192,491.09 for the purchase of the property; and
WHEREAS, the Board desires to authorize the Treasurer to draw county
funds in the amount requested by the Grantee for the acquisition of saidparcel.
NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey as follows:
1. That the County of Morris hereby awards a grant not to exceed
$192,491.09 from the Morris County Open Space and Farmland Preservation
Trust Fund to the Township of Denville for the flood mitigation project
area entitled “Denville – Riverside Drive”, and specifically for theparcel located at 15 Riverside Drive, Block 50408, Lot 106.
2. That the Director of the Board of Chosen Freeholders is hereby
authorized to sign and execute an agreement for the aforesaid grant,
and the Clerk to attest to the same, a copy of which is on file in the
office of the Department of Planning & Development made a part hereof
by reference.
3. That the Board of Chosen Freeholders hereby accepts the dedication of
any facilities under County jurisdiction, including but not limited tosight triangle easements, bridge maintenance easements and roadway
dedications (per official map) as required by the grant agreement.
4. The Treasurer is hereby authorized to process payment to the Grantee or
its designated agent as directed by the office of the Department of
Planning & Development, all in accordance with this resolution.
5. This resolution shall take effect immediately.
--
(24)
WHEREAS, on April 25, 2012 in accordance with Resolution #27, the Board
of Chosen Freeholders (“Board”) granted Preliminary Approval for flood
mitigation acquisition funding to Denville Township’s Fast Track application
for national disaster #4021, Hurricane Irene, to cover 25% cost share and
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
office of the Department of Planning & Development made a part hereof
by reference.
3. That the Board of Chosen Freeholders hereby accepts the dedication of
any facilities under County jurisdiction, including but not limited to
sight triangle easements, bridge maintenance easements and roadway
dedications (per official map) as required by the grant agreement.
4. The Treasurer is hereby authorized to process payment to the Grantee or
its designated agent as directed by the office of the Department of
Planning & Development, all in accordance with this resolution.
5. This resolution shall take effect immediately.
--
(25)
WHEREAS, on April 25, 2012 in accordance with Resolution #27, the Board
of Chosen Freeholders (“Board”) granted Preliminary Approval for flood
mitigation acquisition funding to Denville Township’s Fast Track application
for national disaster #4021, Hurricane Irene, to cover 25% cost share and
soft cost reimbursement, including the parcel located at 18 Riverside Drive,
Block 50401, Lot 46 (“property”). The remaining 75% cost share will beprovided by a Hazard Mitigation Grant from the Federal Emergency Management
Agency (FEMA); and
WHEREAS, the County Treasurer (“Treasurer”) has issued a Certificate of
Availability of Funds designated as #64801 (formerly #C-1221) for the
property; and
WHEREAS, Denville Township (“Grantee”) has provided the Board an
executed Grant Agreement and requests the 25% cost share in an amount not to
exceed $77,633.60 for purchase of the property; and
WHEREAS, the Board desires to authorize the Treasurer to draw county
funds in the amount requested by the Grantee for the acquisition of said
parcel.
NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey as follows:
1. That the County of Morris hereby awards a grant not to exceed$77,633.60 from the Morris County Open Space and Farmland Preservation
Trust Fund to the Township of Denville for the flood mitigation project
area entitled Denville 4021, and specifically for the parcel located at
18 Riverside Drive, Block 50401, Lot 46.
2. That the Director of the Board of Chosen Freeholders is hereby
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
WHEREAS, the County Treasurer (“Treasurer”) has issued a Certificate of
Availability of Funds designated as #64803 (formerly #C-1226) for the
property; and
WHEREAS, Denville Township (“Grantee”) has provided the Board an
executed Grant Agreement and requests the 75% cost share in an amount not to
exceed $248,034.72 for the purchase of the property; and
WHEREAS, the Board desires to authorize the Treasurer to draw county
funds in the amount requested by the Grantee for the acquisition of said
parcel.
NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders ofthe County of Morris in the State of New Jersey as follows:
1. That the County of Morris hereby awards a grant not to exceed
$248,034.72 from the Morris County Open Space and Farmland Preservation
Trust Fund to the Township of Denville for the flood mitigation project
area entitled “Denville – Riverside Drive”, and specifically for the
parcel located at 19 Riverside Drive, Block 50408, Lot 108.
2. That the Director of the Board of Chosen Freeholders is herebyauthorized to sign and execute an agreement for the aforesaid grant,
and the Clerk to attest to the same, a copy of which is on file in the
office of the Department of Planning & Development made a part hereof
by reference.
3. That the Board of Chosen Freeholders hereby accepts the dedication of
any facilities under County jurisdiction, including but not limited to
sight triangle easements, bridge maintenance easements and roadway
dedications (per official map) as required by the grant agreement.
4. The Treasurer is hereby authorized to process payment to the Grantee or
its designated agent as directed by the office of the Department of
Planning & Development, all in accordance with this resolution.
5. This resolution shall take effect immediately.
--
(27)
WHEREAS, on April 25, 2012 in accordance with Resolution #27, the Boardof Chosen Freeholders (“Board”) granted Preliminary Approval for flood
mitigation acquisition funding to Denville Township’s Fast Track application
for national disaster #4021, Hurricane Irene, to cover 25% cost share and
soft cost reimbursement, including the parcel located at 20 Riverside Drive,
Block 50401, Lot 45 (“property”). The remaining 75% cost share will be
provided by a Hazard Mitigation Grant from the Federal Emergency Management
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
3. That the Board of Chosen Freeholders hereby accepts the dedication of
any facilities under County jurisdiction, including but not limited to
sight triangle easements, bridge maintenance easements and roadway
dedications (per official map) as required by the grant agreement.
4. The Treasurer is hereby authorized to process payment to the Grantee or
its designated agent as directed by the office of the Department of
Planning & Development, all in accordance with this resolution.
5. This resolution shall take effect immediately.
--
(28)WHEREAS, on April 25, 2012 in accordance with Resolution #27, the Board
of Chosen Freeholders (“Board”) granted Preliminary Approval for flood
mitigation acquisition funding to Denville Township’s Fast Track application
for national disaster #4021, Hurricane Irene, to cover 25% cost share and
soft cost reimbursement, including the parcel located at 22 Riverside Drive,
Block 50401, Lot 44 (“property”). The remaining 75% cost share will be
provided by a Hazard Mitigation Grant from the Federal Emergency Management
Agency (FEMA); and
WHEREAS, the County Treasurer (“Treasurer”) has issued a Certificate of
Availability of Funds designated as #64801 (formerly #C-1221) for this
purpose; and
WHEREAS, Denville Township (“Grantee”) has provided the Board an
executed Grant Agreement and requests the 25% cost share in an amount not to
exceed $78,889.35 for the purchase of the property; and
WHEREAS, the Board desires to authorize the Treasurer to draw county
funds in the amount requested by the Grantee for the acquisition of saidparcel.
NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey as follows:
1. That the County of Morris hereby awards a grant not to exceed
$78,889.35 from the Morris County Open Space and Farmland Preservation
Trust Fund to the Township of Denville for the flood mitigation project
area entitled Denville 4021, and specifically for the parcel located at22 Riverside Drive, Block 50401, Lot 44.
2. That the Director of the Board of Chosen Freeholders is hereby
authorized to sign and execute an agreement for the aforesaid grant,
and the Clerk to attest to the same, a copy of which is on file in the
office of the Department of Planning & Development made a part hereof
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
WHEREAS, Denville Township (“Grantee”) has provided the Board an
executed Grant Agreement and requests the 25% cost share in an amount not to
exceed $59,418.74 for the purchase of the property; and
WHEREAS, the Board desires to authorize the County to draw county funds
in the amount requested by the Grantee for the acquisition of said parcel.
NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey as follows:
1. That the County of Morris hereby awards a grant not to exceed
$59,418.74 from the Morris County Open Space and Farmland Preservation
Trust Fund to the Township of Denville for the flood mitigation projectarea entitled Denville 4021, and specifically for the parcel located at
23 Riverside Drive, Block 50408, Lot 113.
2. That the Director of the Board of Chosen Freeholders is hereby
authorized to sign and execute an agreement for the aforesaid grant,
and the Clerk to attest to the same, a copy of which is on file in the
office of the Department of Planning & Development made a part hereof
by reference.
3. That the Board of Chosen Freeholders hereby accepts the dedication of
any facilities under County jurisdiction, including but not limited to
sight triangle easements, bridge maintenance easements and roadway
dedications (per official map) as required by the grant agreement.
4. The Treasurer is hereby authorized to process payment to the Grantee or
its designated agent as directed by the office of the Department of
Planning & Development, all in accordance with this resolution.
5. This resolution shall take effect immediately.
--
(30)
WHEREAS, on April 25, 2012 in accordance with Resolution #27, the Board
of Chosen Freeholders (“Board”) granted Preliminary Approval for flood
mitigation acquisition funding to Denville Township’s Fast Track application
for national disaster #4021, Hurricane Irene, to cover 25% cost share and
soft cost reimbursement, including the parcel located at 24 Riverside Drive,
Block 50401, Lot 43 (“property”). The remaining 75% cost share will beprovided by a Hazard Mitigation Grant from the Federal Emergency Management
Agency (FEMA); and
WHEREAS, the County Treasurer (“Treasurer”) has issued a Certificate of
Availability of Funds designated as #64801 (formerly #C-1221) for the
property; and
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
4. The Treasurer is hereby authorized to process payment to the Grantee or
its designated agent as directed by the office of the Department of
Planning & Development, all in accordance with this resolution.
5. This resolution shall take effect immediately.
--
(31)
WHEREAS, on May 23, 2012 in accordance with Resolution #38, the Board
of Chosen Freeholders (“Board”) granted Preliminary Approval for flood
mitigation acquisition funding to Denville Township’s CORE application for
the Riverside Drive Project Area, to cover 75% cost share and soft cost
reimbursement, including the parcel located at 25 Riverside Drive,Block 50408, Lot 115 (“property”). The remaining 25% cost share will be
provided by a Planning Incentive Grant from the NJ Department of
Environmental Protection; and
WHEREAS, the County Treasurer (“Treasurer”) has issued a Certificate of
Availability of Funds designated as #64803 (formerly #C-1226) for this
purpose; and
WHEREAS, Denville Township (“Grantee”) has provided the Board an
executed Grant Agreement and requests the 75% cost share in an amount not to
exceed $220,736.32 for the purchase of the property; and
WHEREAS, the Board desires to authorize the Treasurer to draw county
funds in the amount requested by the Grantee for the acquisition of said
parcel.
NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey as follows:
1. That the County of Morris hereby awards a grant not to exceed
$220,736.32 from the Morris County Open Space and Farmland Preservation
Trust Fund to the Township of Denville for the flood mitigation project
area entitled “Denville – Riverside Drive”, and specifically for the
parcel located at 25 Riverside Drive, Block 50408, Lot 115.
2. That the Director of the Board of Chosen Freeholders is hereby
authorized to sign and execute an agreement for the aforesaid grant,
and the Clerk to attest to the same, a copy of which is on file in the
office of the Department of Planning & Development made a part hereof
by reference.
3. That the Board of Chosen Freeholders hereby accepts the dedication of
any facilities under County jurisdiction, including but not limited to
sight triangle easements, bridge maintenance easements and roadway
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
WHEREAS, the Board desires to authorize the Treasurer to draw county
funds in the amount requested by the Grantee for the acquisition of said
parcel.
NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey as follows:
1. That the County of Morris hereby awards a grant not to exceed
$176,012.26 from the Morris County Open Space and Farmland Preservation
Trust Fund to the Township of Denville for the flood mitigation project
area entitled “Denville – Riverside Drive”, and specifically for the
parcel located at 27 Riverside Drive, Block 50408, Lot 118.
2. That the Director of the Board of Chosen Freeholders is hereby
authorized to sign and execute an agreement for the aforesaid grant,
and the Clerk to attest to the same, a copy of which is on file in the
office of the Department of Planning & Development made a part hereof
by reference.
3. That the Board of Chosen Freeholders hereby accepts the dedication of
any facilities under County jurisdiction, including but not limited to
sight triangle easements, bridge maintenance easements and roadway
dedications (per official map) as required by the grant agreement.
4. The Treasurer is hereby authorized to process payment to the Grantee or
its designated agent as directed by the office of the Department of
Planning & Development, all in accordance with this resolution.
5. This resolution shall take effect immediately.
--
(33)WHEREAS, on May 23, 2012 in accordance with Resolution #38, the Board
of Chosen Freeholders (“Board”) granted Preliminary Approval for flood
mitigation acquisition funding to Denville Township’s CORE application for
the Riverside Drive Project Area, to cover 75% cost share and soft cost
reimbursement, including the parcel located at 33 Riverside Drive,
Block 50408, Lot 122 (“property”). The remaining 25% cost share will be
provided by a Planning Incentive Grant from the NJ Department of
Environmental Protection; and
WHEREAS, the County Treasurer (“Treasurer”) has issued a Certificate of
Availability of Funds designated as #64803 (formerly #C-1226) for the
property; and
WHEREAS, Denville Township (“Grantee”) has provided the Board an
executed Grant Agreement and requests the 75% cost share in an amount not to
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
5. This resolution shall take effect immediately.
--
(34)
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 $400,000 from the
Morris County Municipal Utilities Authority’s (hereinafter, MCMUA)
allocation from the Open Space and Farmland Preservation Trust Fund to
Harding Land Trust and the Township of Harding for their contribution
toward the purchase of the Primrose Farm Estates Property (Phase 1 andPhase 2) in the Township of Harding.
2. That the Treasurer issue a Certificate of Availability of Funds
indicating that funds are available from the Morris County Dedicated
Open Space Account #13-290-56-580550-888 and process payment to the
grantee as directed by the office of the Department of Planning &
Development, all in accordance with this resolution.
--
(35)
WHEREAS, on November 10, 2010, in accordance with Resolution #7, the
Morris County Board of Chosen Freeholders (“County”) approved a grant of
$2,450,000 to Harding Land Trust (“Grantee”, the “Assignor”) for a project
entitled “Primrose Farm Estates-Phase 1” (the “Project”); and
WHEREAS, on November 9, 2011, in accordance with Resolution #42, the
County approved a grant of $2,880,000 to the Grantee for Phase 2 of the
Project; and
WHEREAS, the terms and conditions of each grant are outlined under a
certain Grant Agreement (“Grant Agreement”) between the County and Grantee
and include the provision to assign the rights and obligations of the Grant
Agreement to another entity at the County’s sole discretion; and
WHEREAS, Grantee’s application for County funding in both years
identified the Township of Harding, Great Swamp Watershed Association and the
Trust for Public Land (“Assignees”) as funding partners on the Project; and
WHEREAS, Assignees will receive certain additional grant financing from
Green Acres which requires them to acquire a certain undivided interest in
the Project commensurate with the amount of said grant from that agency; and
WHEREAS, in order to conform to Green Acres guidelines, certain
undivided interests in the Project will be transferred to the Assignor and
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
WHEREAS, as a result of its October 4, 2012 meeting, the Morris County
Historic Preservation Trust Fund Review Board has recommended to the Morris
County Board of Chosen Freeholders rule changes regarding the Historic
Preservation Trust Fund grant applications.
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. Section 5.3 of the Rules and Regulations of the Morris County Open
Space, Farmland and Historic Preservation Trust Fund is amended to have
paragraph 2 read as follows:
“There are three types of applications available. Projects that areprincipally construction-related should be detailed in the Construction
application. Grant requests for acquisition and preservation planning
documents should be completed on the Preservation Planning application.
Grant requests for the preparation of Construction Documents should be
completed on the Construction Documents application. All applications
should be submitted to the Morris County Department of Planning &
Development,…”
2. Section 5.7 of the Rules and Regulations of the Morris County Open
Space, Farmland and Historic Preservation Trust Fund is amended to have
paragraph 3 read as follows:
“3. For Preservation Planning and Construction Documents Grants: If the
applicant is not the owner or lessor with a 20 year unexpired lease
term, …”
3. Section 5.8 of the Rules and Regulations of the Morris County Open
Space, Farmland and Historic Preservation Trust Fund is amended to have
paragraphs 2 and 3 read as follows:
“Charitable Conservancies that plan to submit construction grant
requests exceeding $50,000 must have prepared a Preservation Plan and
obtained professional construction cost estimates based on construction
documents before they are eligible to apply for funding toward the
actual construction. Applicants may apply for a Non-Construction Grant
that includes the preparation of a Preservation Plan, construction
documents, construction cost estimates by a State of New Jersey-
certified professional cost estimator, and/or relevant reports or
analysis. The construction cost estimate must be escalated two (2)
years to the anticipated construction period.
After obtaining a professional construction cost estimate, the
applicant may apply for a Construction Grant that includes bidding,
construction, and construction administration.”
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
Freeholders approved, various grant awards since 2003 to certain
municipalities and charitable conservancies (hereinafter, the “grantees”);
and
WHEREAS, the grantees listed below have requested and the Committee
approved a one (1)-year extension to each due to the delay of certain
necessary tasks prior to project completion.
NOW THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of the
County of Morris in the State of New Jersey as follows:
1. The Board accepts the recommendation of the Committee to grant an
extension to each of the grantees below with the expiration date asshown:
Name of
Applicant
Name of
ProjectGrant
Year
Grant
Expiration
Date CAF #
Township of
Parsippany-
Troy Hills
Bowlsby-
DeGelleke
House
2010 Jan. 26, 2013 64617
Morris
County Park
Commission
Fosterfields
Barnyard
Complex
2010 Sept. 26, 2013 64616
Passaic
River
Coalition
Willow Hall 2010 Jan. 26, 2013 64623
2. The County Treasurer shall recertify the Certificate of Availability of
Funds for each project as listed above.
3. This resolution shall take effect immediately.
--
(38)
WHEREAS, the following Grant Fund budget appropriation balances remain
unexpended or have been reduced:
718205 Public Health Emergency Grant $288.96
864910 ARRA-Resurfacing Projects $148,652.51
WHEREAS, it is necessary to formally cancel said balances so that the
Grant programs may be closed out and removed from the open balances, and
WHEREAS, it may be necessary to refund any excess funds received from
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
11/09/12 355953 Editha Marquez 01-201-27-350100-
016
$274.75
11/09/12 355954 Evelyn Tolentino 01-201-27-350100-
016
$1,808.45
11/09/12 355955 Georgina Gray-Horsley 01-201-27-350100-
016
$1,120.00
11/09/12 355956 Harriet Vallecer RN 01-201-27-350100-
016
$560.00
11/09/12 355957 Illiene Charles, RN 01-201-27-350100-
016
$1,680.00
11/09/12 355958 Jessy Jacob 01-201-27-350100-
016
$840.00
11/09/12 355959 Joyce Reed 01-201-27-350100-016
$2,012.64
11/09/12 355960 Loreen Rafisura 01-201-27-350100-
016
$820.75
11/09/12 355961 Louise R. Macchia 01-201-27-350100-
016
$2,730.00
11/09/12 355962 Ma. Liza Imperial 01-201-27-350100-
016
$2,934.93
11/09/12 355963 Madukwe Imo Iboko, RN 01-201-27-350100-
016
$2,222.50
11/09/12 355964 Maria Campos 01-201-27-350100-
016
$14.00
11/09/12 355965 Martha Yaghi 01-201-27-350100-
016
$1,120.00
11/09/12 355966 Mary Jane M. Arcinas 01-201-27-350100-
016
$279.30
11/09/12 355967 Malojane Celestino 01-201-27-350100-
016
$840.00
11/09/12 355968 Michelle Capili 01-201-27-350100-
016
$840.00
11/09/12 355969 Rose Dumapit 01-201-27-350100-
016
$1,680.00
11/09/12 355970 Rosemary Batane
Cobcobo
01-201-27-350100-
016
$1,400.00
11/09/12 355971 Toyella E Gibson 01-201-27-350100-
016
$560.00
11/09/12 355972 Vivian Blandura 01-201-27-350100-
016
$1,400.00
11/19/12 356562 Motor Vehicle
Commission
01-201-26-315100-
098
$225.00
11/19/12 356563 Motor Vehicle
Commission
01-201-26-315100-
098
$275.00
THEREFORE, BE IT RESOLVED, that the above payments be confirmed.
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
01-201-41-716100-291 Vehicle Maintenance $6,545.03 Anticipated
April – June 2012 Revenue
Nutrition Public Works
--
(42)
WHEREAS, pursuant to (i) Section 510(c) of that certain Lease Purchase
Agreement dated as of August 1, 2011 (the “Lease Agreement”) by and between
The Morris County Improvement Authority (the “Authority”) and the County of
Morris, New Jersey, and (ii) Section 5.02 of the Authority’s bond resolution
entitled “Resolution Authorizing the Issuance of County of Morris Lease
Revenue Bonds of The Morris County Improvement Authority”, duly adopted bythe Authority on July 20, 2011, as amended and supplemented, U.S. Bank
National Association, as Trustee for the holders of the captioned bonds (the
“Bonds”), is authorized to pay from moneys on deposit in the Acquisition Fund
bills associated with the Public Safety Academy project
Block 7, Lot 2 in Parsippany-Troy Hills, New Jersey, and
WHEREAS, Requisition Number 13 in the amount of $1,204,708.43 payable
to APS Contracting, Inc. is being sent to U. S. Bank on November 29, 2012.
THEREFORE, BE IT RESOLVED that the action of the Treasurer in
submitting the bill for payment, to the Trustee U. S. Bank, as approved by
the Director of Engineering, is hereby approved.
--
(43)
BE IT RESOLVED, by the Board of Chosen Freeholders of the County of
Morris in the State of New Jersey that the Director of Finance & County
Treasurer is hereby authorized to reclassify the following payments as
follows:
CHECK # DATE PAYEE AMOUNT FROM TO
327426
(partial)
10/13/10 NISIVOCCIA LLP $1,130.22 02-213-41-864910-
391
01-204-55-135100
510
353754
(partial)
09/12/12 Avtech
Institute
$1,642.67 02-213-41-742010-
391
02-213-41-742135
391
353118
(partial)
08/22/12 Avtech
Institute
$1,706.67 02-213-41-742010-
391
02-213-41-742135
391
354455
(partial)
09/24/12 Avtech
Institute
$1,792.00 02-213-41-742010-
391
02-213-41-742135
391
351598 07/25/12 Clinical
Research
Academy of
America
$3,200.00 02-213-41-742010-
391
02-213-41-742135
391
351902 07/25/12 Rutgers The $3 200 00 02-213-41-742010- 02-213-41-742135
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
CHECK # DATE AMOUNT PAYEE ACCOUNT BANK
356559 11/15/12 $110,645.73 Witt Group
Holdings, LLC
Centralized
Disbursement
Bank of
America
THEREFORE, BE IT RESOLVED, that the above payment be confirmed.
--
(45)
WHEREAS, the County Treasurer has been advised that the following check
has been lost and payment has been stopped on same,
THEREFORE, BE IT RESOLVED, that the County Treasurer is hereby
authorized to reissue the same.
CHECK # DATE AMOUNT PAYEE ACCOUNT BANK
355710 10/24/12 $4,338.17 Major Police
Supply
Centralized
Disbursement
Bank of
America
--
(46)
WHEREAS, the County Treasurer has been advised that the following
checks are stale dated and payment have been stopped on same,
THEREFORE, BE IT RESOLVED, that the County Treasurer is hereby
authorized to reissue the same.
CHECK # DATE AMOUNT PAYEE ACCOUNT BANK
327086 10/13/10 $ 7.80 Barbara Jean
Ackerson
Centralized
Disbursement
Bank of
America
335458 05/25/11 $508.68 Media Supply Centralized
Disbursement
Bank of
America
--
(47)
WHEREAS, the County Treasurer has been advised that the following check
is stale dated and payment has been stopped on same,
THEREFORE, BE IT RESOLVED that the County Treasurer is hereby
authorized to redeposit the following check.
CHECK # DATE AMOUNT PAYEE ACCOUNT BANK
344598 01/25/12 $170.00 NJ Institute for
Continuing
Legal Education
Centralized
Disbursement
Bank of
America
--
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
BE IT FURTHER RESOLVED, that pursuant to N.J.S.A 40A:4-87 this
resolution has been duly adopted by the governing body of the County of
Morris and that one (1) certified copy of this resolution be forwarded to the
Division of Local Government Services.
--
(49)
RESOLUTION PROVIDING FOR THE INSERTION OF ANY SPECIAL
ITEM OF REVENUE IN THE BUDGET OF ANY COUNTY OR MUNICIPALITY
PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948)
WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division
of Local Government Services may approve the insertion of any special item ofrevenue in the budget of any county or municipality when such item shall have
been made available by law and the amount thereof was not determined at the
time of the adoption of the budget, and
WHEREAS, said Director may also approve the insertion of an item of
appropriation for equal amount,
WHEREAS, the Treasurer certifies that the County of Morris has realized
or is in receipt of written notification of the state or federal monies cited
in this resolution, which meets all statutory requirements and will be
included in the 2012 county budget,
NOW, THEREFORE, BE IT RESOLVED, that the Board of Chosen Freeholders
hereby requests the Director of the Division of Local Government Services to
approve the insertion of an item of revenue and appropriation in the budget
of the year 2012 as referenced below:
Revenue Title: New Jersey Department of Law and
Public Safety Amount: $6,979.86Appropriation Title: Body Armor – Prosecutor Amount: $6,979.86
Local Match - Source: Amount: $________
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.
--
(50)
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
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
(51)
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
or is in receipt of written notification of the state or federal monies cited
in this resolution, which meets all statutory requirements and will be
included in the 2012 county budget,
NOW, THEREFORE, BE IT RESOLVED, that the Board of Chosen Freeholders
hereby requests the Director of the Division of Local Government Services to
approve the insertion of an item of revenue and appropriation in the budget
of the year 2012 as referenced below:
Revenue Title: New Jersey Office of Homeland Security
and Preparedness Amount: $298,000.00
Appropriation Title: FFY12 UASI (#EMW-2012-SS-00173-S01) Amount: $298,000.00
Local Match - Source: Amount: $__________
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 theDivision of Local Government Services.
--
(52)
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
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
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 thetime of the adoption of the budget, and
WHEREAS, said Director may also approve the insertion of an item of
appropriation for equal amount,
WHEREAS, the Treasurer certifies that the County of Morris has realized
or is in receipt of written notification of the state or federal monies cited
in this resolution, which meets all statutory requirements and will be
included in the 2012 county budget,
NOW, THEREFORE, BE IT RESOLVED, that the Board of Chosen Freeholders
hereby requests the Director of the Division of Local Government Services to
approve the insertion of an item of revenue and appropriation in the budget
of the year 2012 as referenced below:
Revenue Title: New Jersey Department of Transportation Amount: $2,396,949.00
Appropriation Title: Newburgh Road Bridge/Musconetcong
River, STP-C00S(211) Amount: $2,396,949.00
Local Match - Source: Amount: $____________
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.
--
(54)
RESOLUTION PROVIDING FOR THE INSERTION OF ANY SPECIALITEM 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
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
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
(56)
BE IT RESOLVED as follows:
1. The County of Morris wishes to purchase goods and services from thefollowing authorized vendors under the State of New Jersey Cooperative
Purchasing Program 1-NJCP, according to Local Public Contract Laws,
N.J.S. 40A:11-12.
RT 23 Auto Mall LLC Law & Public Safety
1301 Route 23 02-213-41-784330-391
Butler NJ 07405 1 Amount: $45,120.06
Co-op#15-C
2. The Treasurer is hereby authorized to issue Certificates of
Availability of Funds.
--
(57)
1. The County of Morris wishes to purchase goods and services from the
following authorized vendors under the State of New Jersey Cooperative
Purchasing Program 1-NJCP, according to Local Public Contract Laws,
N.J.S. 40A:11-12.
SHI Law & Public Safety
290 Davidson Avenue 01-201-25-252105-078
Somerset NJ 08873 Amount: $75,000.00
NJSC#A77560
2. The Treasurer is hereby authorized to issue Certificates of
Availability of Funds.
--(58)
BE IT RESOLVED as follows:
1. The County of Morris wishes to purchase goods and services from the
following authorized vendors under the State of New Jersey Cooperative
Purchasing Program 1-NJCP, according to Local Public Contract Laws,
N.J.S. 40A:11-12.
Motorola Law & Public Safety
5 Paragon Dr. Split Account:
Montvale NJ 07645 Amount: $46,501.00
NJSC#A53804
02-213-41-784230-391 $45,237.00
01-201-25-252100-059 $1,264.00
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
Motorola Law & Public Safety
5 Paragon Dr. 04-216-55-963248-952
Montvale NJ 07645 Amount: $415,933.50NJSC#A53804
2. The Treasurer is hereby authorized to issue Certificates of
Availability of Funds.
--
(61)
BE IT RESOLVED as follows:
1. The County of Morris wishes to purchase goods and services from the
following authorized vendors under the State of New Jersey Cooperative
Purchasing Program 1-NJCP, according to Local Public Contract Laws,
N.J.S. 40A:11-12.
Tony Sanchez Ltd Law & Public Safety
1685 U.S. Rt 46 Split Account:
Ledgewood, NJ 07852 Amount: $26,780.00
Co-op#15-D
02-213-41-784215-391 $11,653.61
02-213-41-784330-391 $8,879.94
01-201-25-252100-059 $6,246.45
2. The Treasurer is hereby authorized to issue Certificates of
Availability of Funds.
--
(62)1. In accordance with N.J.S.A. 40A:11-15, a contract is hereby awarded,
for the provision of maintenance of proprietary computer software to
the Morris County Planning & Development, to:
Environmental Systems Research
380 New York Street
Redlands CA 92373-8100
Term: November 1st, 2012 thru November 1st, 2013
Amount: $32,201.00
Budget Line Item: 01-201-20-180115-078Using Department: Planning & Development
2. 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,
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
amounts reflecting all liabilities to be incurred through March 31,
2013, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2).
3. Upon final adoption of the budget, a Certificate of Availability ofFunds shall be issued for the remaining balance, subject to the
appropriation of sufficient funds.
4. The Purchasing Agent is hereby authorized to execute said contract as
prepared by County Counsel.
5. This resolution shall take effect immediately.
--(64)
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 $12,280 from the
FY 2012 Open Space and Farmland Preservation Trust Fund to Mine Hill
Township for a project entitled Bridget Smith House.
2. That the Director of the Board of Chosen Freeholders is hereby
authorized to sign and execute an agreement to expire on 9/24/2014 forthe aforesaid grant, and the Clerk to attest to the same, a copy of
which is on file in the office of the Department of Planning &
Development and made a part hereof by reference.
3. That the Treasurer issue a Certificate of Availability of Funds
indicating that funds are available from the Morris County Dedicated
Open Space Account #13-290-56-580-550-888 and process payment to the
grantee as directed by the office of the Department of Planning &
Development, all in accordance with this resolution.
--
(65)
WHEREAS, as of July 1, 2012, Catholic Social Services of Morris County
d/b/a Hope House, Federal Tax Payer I.D. #22-2921100, changed its name to
Catholic Family and Community Services d/b/a Hope House; and,
WHEREAS, at that time a new Vendor Code was issued reflecting the new
Federal Tax ID number for Catholic Family and Community Services d/b/a Hope
House: 22-1487121; and,
WHEREAS, it has become necessary to also change the information on the
Certificates of Availability of Funds attached to Hope House in order to
properly process payments;
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
10/11/2012 PO 66140 01-201-27-342000-480
CAF - Grant in Aid funding for 2012 GIA1221 $ 6,358.00
10/12/2012 PO 66253 01-201-41-716110-090
CAF - 2012 Funding through the Older Americans Act $ 3,117.00
10/12/2012 PO 66254 01-201-27-342000-480
CAF - Grant in Aid funding for 2012 $ 4,054.00
10/12/2012 PO 66255 01-201-41-716110-090
CAF - 2012 Funding through the Older Americans Act $ 672.00
10/24/2012 PO 66784 01-201-41-759000-063
CAF - 2012 Peer Grouping Initiative $ 5,962.00
11/08/2012 PO 67389 01-201-27-342000-480
CAF - Grant in Aid funding for 2012 The AIDS $ 2,591.00
--
(66)
BE IT RESOLVED as follows:
WHEREAS, the Board of Chosen Freeholders of the County of Morris, by
resolution adopted September 12th, 2012, awarded a contract to Bob Petrich of
Hopatcong, New Jersey to provide Snow Plowing and Ice Removal to Section #11
for the Morris County Road Department;
AND WHEREAS, Bob Petrich has been unable to fulfill the requirements of
the contract as specified in the bid specifications,
NOW, THEREFORE BE IT RESOLVED that the contract with Bob Petrich has
been rescinded, and will be cancelled and the contract for Section #11 has
been awarded to Tree King of Landing, New Jersey.
This resolution shall take effect immediately.
--
(67)
BE IT RESOLVED as follows:
1. With respect to recent bidding for Upgrades & Enhancements to the
Morris County Public Safety Training Academy Fire Trainer 0-250, a
contract is hereby awarded to the lowest, most responsible bidder as
follows:
Kidde Fire Trainers, Inc.
17 Philips Parkway
Montvale, NJ 07645
Vendor #: 17948
Total Amount: $205,000.00
Line Item #: 04-216-55-963176-909 ($ 5 000 00)
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
Line Item #: 04-216-55-964271-956
Using Agency: Juvenile Detention Facility
Terms: 30 days from notice of award.
1. The Treasurer is hereby authorized to issue a Certificate of
Availability of Funds.
2. The Purchasing Agent is hereby authorized to execute said contract as
prepared by County Counsel.
3. The contract is awarded pursuant to a fair and open process in
compliance with N.J.S.A. 19:44A-20.1, et. seq.
4. This resolution shall take effect immediately.
--
(69)
WHEREAS, on January 1, 2012, the County of Morris entered into CH51-
1221 Subgrant with Morristown Medical Center in the amount of $49,222; and,
WHEREAS, it has become necessary to amend the aforesaid subgrant
decreasing the subgrant amount by $12,000 from $49,222 to $37,222; and
WHEREAS, on January 1, 2012, the County of Morris entered into CH51-
1218 Subgrant with New Hope Foundation in the amount of $12,689; and
WHEREAS, it is necessary to increase the subgrant with New Hope
Foundation by $5,555 to $18,244; and
WHEREAS, on January 1, 2012, the County of Morris entered into CH51-
1203 Subgrant with NewBridge Services in the amount of $45,994; and
WHEREAS, it is necessary to increase the subgrant with NewBridge
Services by $6,445 to $51,994;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey as follows:
1. The Director of the Board of Chosen Freeholders is hereby authorized to
sign and execute this subgrant modification.
2. The Treasurer is hereby authorized to issue an amended Certificate ofAvailability of Funds #54834 decreasing the amount of the C.A.F. by
$12,000 in Account #02-213-41-757205-392.
3. The Treasurer is hereby authorized to issue an amended Certificate of
Availability of Funds #54843 increasing the amount of the C.A.F. by
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
VENDOR #: 21791
Amount: $4,976.54
Said payments shall be charged to appropriate emergency accounts as
determined by the Morris County Treasurer.
3. This resolution shall take effect immediately.
--
(71)
BE IT RESOLVED as follows:
WHEREAS, an emergency condition exists affecting the health and safety
of the citizens of the County of Morris, and
WHEREAS, the performance of emergency food service due to the recent
damage caused by Hurricane Sandy needs to be undertaken;
NOW THEREFORE BE IT RESOLVED by the Board of Chosen Freeholders of the
County of Morris as follows:
1. The action of the Purchasing Agent, in authorizing the performance ofthe work during this emergency condition pursuant to N.J.S.A. 40A:11-6,
is hereby approved, ratified and confirmed.
2. The Treasurer is authorized to issue payment to the following Vendor:
Apple Spice Junction
1259 Route 46 East, Building 4E
Parsippany, New Jersey 07054
VENDOR #: 25111Amount: $8,007.16
Said payments shall be charged to appropriate emergency accounts as
determined by the Morris County Treasurer.
3. This resolution shall take effect immediately.
--
(72)
BE IT RESOLVED as follows:
WHEREAS, an emergency condition exists affecting the health and safety
of the citizens of the County of Morris, and
WHEREAS, the performance of emergency repairs to various County
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
WHEREAS, the performance of emergency repairs to various County
buildings due to the recent damage caused by Hurricane Sandy needs to be
undertaken;
NOW THEREFORE BE IT RESOLVED by the Board of Chosen Freeholders of the
County of Morris as follows:
1. The action of the Purchasing Agent, in authorizing the performance of
the work during this emergency condition pursuant to N.J.S.A. 40A:11-6,
is hereby approved, ratified and confirmed.
2. The Treasurer is authorized to issue payment to the following Vendor:
Stoltzfus Structures, LLC
5075 Lower Valley Road
Atglen, Pennsylvania 19310
VENDOR #: 21084
Amount: $7,620
Said payments shall be charged to appropriate emergency accounts as
determined by the Morris County Treasurer.
3. This resolution shall take effect immediately.
--
(74)
WHEREAS, there exists a need for a third party administrator (TPA) to
provide Professional Services to the Fund for its Multi-Line insurance
program to the County of Morris, New Jersey for calendar year 2013 with an
option to renew for a one year term; and
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
Inservco Insurance Services, Inc.Two North Second St.
Harrisburg, PA 17101
VENDOR ID #: 2460
Amount: $141,000.00
Account to be charged: Workers Comp. Fund:
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
WHEREAS, the Committee carefully reviewed, evaluated and visited 10
projects submitted by municipalities and charitable conservancies for
approximately 45% of trust fund dollars for fiscal year 2012; and
WHEREAS, the Committee recommended the following applications and
dollar amounts to the Morris County Board of Chosen Freeholders for final
approval:
River Road Lots, submitted by Passaic River Coalition $ 155,000
Jersey City Property, submitted by Denville Twp. $ 10,000
Valva Property, submitted by Denville Twp. $ 300,000
Frelinghuysen Fields - 2, submitted by Harding Land Trust $2,075,000
Early Street Garden, submitted by Town of Morristown $1,575,000King of Kings Back Acreage, submitted by Mountain Lakes Boro. $ 110,000
Speciale Tract, submitted by Passaic River Coalition $ 28,200
Block 16 – Lot 22.01, submitted by Washington Twp. $ 79,800
Drakestown Addition – Biggiani J, submitted
by NJ Conservation Foundation $ 96,000
NOW THEREFORE, BE IT RESOLVED that the Morris County Board of Chosen
Freeholders accepts the recommendations and dollar amounts submitted by the
Committee and instructs the Director of the Department of Planning
&Development to draft grant agreements with each grantee.
--
(76)
RESOLUTION PROVIDING CONSENT OF THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY
OF MORRIS TO THE EXECUTION AND DELIVERY OF AMENDMENT AND CONSENT NO. 1 IN
CONNECTION WITH THE MORRIS COUNTY IMPROVEMENT AUTHORITY’S
SUSSEX COUNTY RENEWABLE ENERGY PROGRAM
WHEREAS, the County of Sussex, New Jersey, a political subdivision ofthe State (the “County”) developed a renewable energy program (the “Renewable
Energy Program”) for the financing, design, permitting, acquisition,
construction, installation, operation and maintenance of renewable energy
capital equipment and facilities such as solar panels, wind turbines, and
hydro-electric, bio-diesel, geothermal, and bio-mass facilities, including
any related electrical modifications, work related to the maintenance of roof
warranties, or other work required, desirable or convenient for the
installation of such systems (collectively, the renewable energy capital
equipment and facilities, the “Renewable Energy Projects”) for and on behalf
of the County and its affiliates, and the local governmental units within theCounty, including without limitation municipalities, boards of education for
school districts, local authorities and any other local government
instrumentalities, public bodies or other local government entities
(collectively, including the County, the “Local Units”);
BOARD OF CHOSEN FREEHOLDERS NOVEMBER 28 2012
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
ENERGY PROGRAM LEASE REVENUE NOTES AND BONDS, SERIES 2011 AND ADDITIONAL
BONDS OF THE MORRIS COUNTY IMPROVEMENT AUTHORITY” adopted by the governing
body of the Authority on September 28, 2011, as amended and supplemented from
time to time in accordance with its terms, including by a Certificate of anAuthorized Officer of the Authority dated December 14, 2011 (collectively,
and as the same may be further amended or supplemented in accordance with its
terms, including by this Consent No. 1, the “Bond Resolution”), the county
improvement authorities law, constituting Chapter 183 of the Pamphlet Laws of
1960 of the State, and the acts amendatory thereof and supplemental thereto
(as codified at N.J.S.A. 40:37A-44 et seq., the “Act”) and other applicable
law and official action, the Authority issued its (i) “County of Sussex
Guaranteed Renewable Energy Program Lease Revenue Bonds, Series 2011A
(Federally Taxable)” dated December 14, 2011, in the aggregate principal
amount of $26,715,000 (the “Series 2011A Bonds”) and its (ii) “County of
Sussex Guaranteed Renewable Energy Program Lease Revenue Note, Series 2011B
(Federally Taxable)” dated December 14, 2011, in the aggregate principal
amount of $985,000 (the “Series 2011B Note”, and together with the Series
2011A Bonds, the “Series 2011 Bonds”) to finance the Series 2011 Projects (as
all such terms, and any capitalized terms herein not otherwise defined in
Section 1 below, for all purposes of this Consent No. 1, shall have the
meanings ascribed to such terms in the Bond Resolution) for the Series 2011
Local Units as set forth in the various Program Documents; and
WHEREAS, the Parties, as hereinafter defined, desire to amend the
Program Documents to effect certain changes as set forth in that certain
“Amendment and Consent No. 1” to be executed (the “Consent No. 1”), a form of
which is attached hereto as Exhibit A, by and among the Authority, the
County, the Series 2011 Local Units, U.S. Bank National Association (the
“Trustee”), Sunlight General NJC Solar, LLC, Sunlight General Sussex
Holdings, LLC and Sunlight General Sussex Solar, LLC (collectively, the
“Company”); and
WHEREAS, such changes include:
to provide for additional Project Fund requisition and payment
direction procedures;
to authorize an anticipated investment in the Company Parties by
Firstar (as defined in the Consent No. 1);
to revise the list of, and respective Project Completion Dates for, the
participating Series 2011 Local Units;
to clarify certain definitions and the application of the Draw Paper
Ratio to Soft Costs;
to provide for Additional Subcontractors;
BOARD OF CHOSEN FREEHOLDERS NOVEMBER 28 2012
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
any such documents, instruments or closing certificates, the authorization of
which actions shall be conclusively evidenced by the execution or
acknowledgment, attestation, affixation and delivery, as the case may be,
thereof by such persons.
Section 3. The Authorized Officers are hereby severally authorized to
take such other actions, and execute such other certificates, documents, and
instruments, as such Authorized Officers shall deem to be necessary,
desirable, or convenient to assist the Authority in connection with the
Program Document Changes, or any other action related to the Renewable Energy
Program for the Series 2011A Local Units.
Section 4. All actions taken to date in connection with the Consent
No. 1 by the Authority and the Authority’s counsel, Inglesino, Pearlman,
Wyciskala & Taylor, LLC (the “Consultants”), including the adoption of the
First Supplemental Bond Resolution, are hereby ratified, confirmed and
approved.
Section 5. This resolution shall take effect immediately.
Section 6. Upon the adoption hereof, the Clerk of the Morris County
Board of Freeholders shall forward certified copies of this resolution to
John H. Eskilson, County Administrator, John Bonanni, Morris CountyAdministrator and Chairperson of the Authority, Dennis R. McConnell, Esq.,
County Counsel and Stephen B. Pearlman, Esq., Counsel to the Authority, all
of which may be sent as a single certified copy to the offices of Authority
Counsel, to the attention of Annie Collart, Law Clerk at
[email protected] followed by the original to Annie Collart at Inglesino,
Pearlman, Wyciskala & Taylor, LLC, 600 Parsippany Road, Suite 204,
Parsippany, New Jersey 07054-3715.
--
(77)
RESOLUTION PROVIDING CONSENT OF THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY
OF MORRIS TO THE EXECUTION AND DELIVERY OF AMENDMENT AND CONSENT NO. 1 IN
CONNECTION WITH TRANCHE II OF THE MORRIS COUNTY IMPROVEMENT AUTHORITY’S
RENEWABLE ENERGY PROGRAM
WHEREAS, the Morris County Improvement Authority (including any
successors and assigns, the “Authority”) has been duly created by resolution
duly adopted by the Board of Chosen Freeholders (the “Board of Freeholders”)
of the County of Morris (the “County”) in the State of New Jersey (the“State”) as a public body corporate and politic of the State pursuant to and
in accordance with the county improvement authorities law, constituting
Chapter 183 of the Pamphlet Laws of 1960 of the State, and the acts
amendatory thereof and supplemental thereto (the “Act”), and other applicable
law;
BOARD OF CHOSEN FREEHOLDERS NOVEMBER 28 2012
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
in accordance with its terms, including by the Consent No. 1, the “Bond
Resolution”), the county improvement authorities law, constituting Chapter
183 of the Pamphlet Laws of 1960 of the State, and the acts amendatory
thereof and supplemental thereto (as codified at N.J.S.A. 40:37A-44 et seq.,the “Act”) and other applicable law and official action, the Authority issued
its (i) “County of Morris Guaranteed Renewable Energy Program Lease Revenue
Bonds, Series 2011A (Federally Taxable)” dated December 8, 2011, in the
aggregate principal amount of $33,100,000 (the “Series 2011A Bonds”) and its
(ii) “County of Morris Guaranteed Renewable Energy Program Lease Revenue
Bonds, Series 2011B (Federally Taxable)” dated March 15, 2012, in the
aggregate principal amount of $1,200,000 (the “Series 2011B Note”, and
together with the Series 2011A Bonds, the “Series 2011 Bonds”), which Series
2011B Note is held in its entirety by the County, to finance the Series 2011
Projects (as all such terms, and any capitalized terms herein not otherwise
defined herein, for all purposes of this Resolution, shall have the meanings
ascribed to such terms in the Bond Resolution) for the Series 2011 Local
Units as set forth in the various Program Documents;
WHEREAS, the Parties, as hereinafter defined, desire to amend the
Program Documents to effect certain changes as set forth in that certain
“Amendment and Consent No. 1” to be executed (the “Consent No. 1”), a form of
which is attached hereto as Exhibit A, by and among the Authority, the
County, the Series 2011 Local Units, U.S. Bank National Association (the“Trustee”), Sunlight General NJC Solar, LLC, Sunlight General Morris
Holdings, LLC and Sunlight General Morris Solar, LLC (collectively, the
“Company”);
WHEREAS, such changes include:
to provide for the extension of the final maturity date of the Series
2011B Note from January 15, 2013 to January 15, 2014 and certain
related matters;
to provide for additional Project Fund requisition and payment
direction procedures;
to authorize an anticipated investment in the Company Parties by
Firstar (as defined in the Consent No. 1);
to revise the list of, and respective Project Completion Dates for, the
participating Series 2011 Local Units;
to clarify certain definitions and the application of the Draw Paper
Ratio to Soft Costs;
to provide for Additional Subcontractors;
BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28 2012
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BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
by the Authority of the First Supplemental Bond Resolution in substantially
the form attached hereto as Exhibit B. The County's consent hereto to the
Consent No. 1 contemplates the insertion of the final terms therein that will
result from the negotiation set forth in Section 2 hereof.
Section 2. The Freeholder Director, the County Administrator and the
County Chief Financial Officer (including their designees, each an
“Authorized Officer”) are each hereby severally authorized and directed to
negotiate, execute and deliver the Consent No. 1 on behalf of the County,
acting as (i) guarantor of the Series 2011A Bonds, (ii) sole holder of the
Series 2011B Note, and (iii) a Series 2011A Local Unit participant, with such
final form to be determined by the Authorized Officer, after due diligence
and consultation with counsel, to be in the best interests of the County,
which execution thereof shall conclusively evidence the Authorized Officer’s
approval of any changes to the forms and acceptance of the terms thereof.
Section 3. The Clerk of the Board of Freeholders is hereby authorized
and directed, upon the execution or acknowledgment of the documents set forth
in Section 2 hereof in accordance with the terms of Section 2 hereof, to
attest to the Authorized Officer’s execution or acknowledgment of such
documents and is hereby further authorized and directed to thereupon affix
the seal of the County to such documents.
Section 4. The Board of Freeholders of the County hereby authorize the
performance of any act, and the execution or acknowledgment and delivery of
any other document, instrument or certificates, which the Authorized Officer,
after consultation with the Consultants, as defined herein, deems necessary,
desirable or convenient in connection with this contemplated transaction, and
the Board of Freeholders hereby directs the Authorized Officer to execute or
acknowledge, attest and affix the seal to any such documents, instruments or
closing certificates, the authorization of which actions shall be
conclusively evidenced by the execution or acknowledgment, attestation,
affixation and delivery, as the case may be, thereof by such persons.
Section 5. The Authorized Officers are hereby severally authorized to
take such other actions, and execute such other certificates, documents, and
instruments, as such Authorized Officers shall deem to be necessary,
desirable, or convenient to assist the Authority in connection with the
Program Document Changes, or any other action related to the Renewable Energy
Program for the Series 2011A Local Units.
Section 6. Upon the execution or acknowledgment of the Consent No. 1as contemplated by Section 2 hereof, the Authorized Officer is hereby
authorized and directed to (i) deliver such fully executed documents to the
other parties thereto and (ii) perform such other actions as the Authorized
Officer deems necessary, desirable or convenient in relation to the execution
and delivery thereof.
BOARD OF CHOSEN FREEHOLDERS – NOVEMBER 28, 2012
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BOARD OF CHOSEN FREEHOLDERS NOVEMBER 28, 2012
FREEHOLDER COMMENTS
Freeholder Murphy thanked Director Chegwidden for his years of service.
He has been a true public servant, and the public has been well served.
BILL RESOLUTION
BE IT HEREBY RESOLVED that the bills as shown on the Schedule of
Warrants all having been approved by the proper committees of officials where
legally required, be and the same are hereby authorized to be paid. The
Schedule of Warrants designated as Bill Resolution #22-12 totals
$7,398,849.69 dated and made a part hereof by reference.
Freeholder Murphy moved the adoption of the Bill Resolution. The motion
was seconded by Freeholder Cabana, and the following vote was recorded:
YES: Freeholders Cabana, Cesaro, Grossi, Lyon, Mastrangelo, Murphy
and Director Chegwidden (7)
--
PUBLIC HEARING – 8:30 PM
Consideration of the Matter of the Appeal to the Board of Chosen Freeholders
Pursuant to NJSA 40:27-6.9 Concerning the Application of Hanover and Horsehill Development, L.L.C., Morris County Planning Board, File No. 2011-
12-4-SP-7 by Stop and Shop’s Supermarket Company, L.L.C., Block 701, Lots 1,2 and 3, Northwest Corner of Hanover Avenue and Horsehill Road, Township of
Hanover, Morris County, New Jersey
Director Chegwidden stated, “The Board will now conduct a hearing
pursuant to N.J.S.A. 40:27-6.9 to consider the appeal to the Freeholders by
the Stop and Shop Supermarket Company, L.L.C. of the Morris County Planning
Board Action designated as File Number 2011-12-4-SP-7.”
Director Chegwidden stated, “All comments will be directed through the
Chair. This hearing is limited to comments on the appeal by the Stop and
Shop Supermarket Company, L.L.C. of the Morris County Planning Board
designated as File Number 2011-12-4-SP-7. This is an appeal on the Recordbelow. The Board will not be taking any new testimony. Initially the Board
will hear the argument of Appellant Stop & Shop followed by the argument of
Applicant Hanover Horsehill Development.”
Director Chegwidden stated, “Parties need to limit their argument to
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