BOARD OF CHOSEN FREEHOLDERS – JUNE 8, 2011

A regular meeting of The Board of Chosen Freeholders of the County of Morris, State of New Jersey, was held on June 8, 2011, in the Freeholders Public Meeting Room, Administration and Records Building, Morristown, New Jersey. The meeting began at 7:30 p.m. Clerk of the Board Diane M. Ketchum announced that adequate notice of this regular meeting held this 8th day of June, 2011 has been provided through resolution adopted by this Board at its Regular Meeting held at the Administration and Records Building on January 5, 2011, and by mailing the resolution to the Star Ledger, the Daily Record, and the Record and by filing a copy of same with the Clerk of the Town of Morristown and the Morris County Clerk. ROLL CALL PRESENT: Freeholders Douglas Cabana, Gene Feyl, Ann Grossi, John Murphy, Margaret Nordstrom, and Director William Chegwidden (6) Freeholder Thomas Mastrangelo (1)

ABSENT:

ALSO PRESENT:

County Counsel Dan O’Mullan, Assistant County Counsel Randy Bush, Administrator John Bonanni, Assistant County Administrator Tom Markt 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. --

EAGLE SCOUT RECOGNITION Zachary Jon Miller, Boy Scout Troop 312, Budd Lake Joseph Titterton, Boy Scout Troop 155, Hanover -MINUTES FOR APPROVAL All Meeting Minutes from May 25, 2011. On motion by Freeholder Murphy and seconded by Freeholder Nordstrom the meeting minutes were approved. -COMMUNICATIONS 1. The Rockaway Borough Police Department is asking permission to temporarily close portions of County Routes 513 and 644 (East/West Main St.) on Thursday, July 7 at 7:30 p.m. for the Rockaway Rotary/Pam Miller Scholarship 5K Run. The Township of Long Hill is asking permission to temporarily close a portion of Valley Road on July 16 from 6:00 p.m. to 1:00 a.m. for the annual Mount Carmel celebration.

2.

Request from Road Inspection Supervisor for the following road opening permits: 3. 11-05 – Lennar to open Littleton Road (Route 202) in Morris Plains for utility connections and curb reconstruction. 11-06 – MSP Construction Corp., to open Troy Hills Road in Hanover Twp., for water main improvements. 11-07 – Crisdel Group Inc., to open Park Ave. at Danforth for offsite traffic improvements for the Green at Florham Park. 11-08 - Crisdel Group Inc., to open Park Ave., at Punch Bowl for off-site traffic improvements for the Green at Florham Park. 11-09 - Crisdel Group Inc., to open Park Ave., at Florham Road for off-site traffic improvements for the Green at Florham Park.

4.

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6.

7.

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8. 11-10 – Crisdel Group Inc., to open Park Ave., at Columbia Turnpike for off-site traffic improvements for the Green at Florham Park.

On motion by Freeholder Murphy and seconded by Freeholder Nordstrom, the banner requests, road closing request and road opening permits were approved. -ORDINANCES SECOND READING/ADOPTION (1) Director Chegwidden stated: “We will now consider for final adoption the ordinance entitled ‘BOND ORDINANCE OF THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $13,000,000 AND AUTHORIZING THE ISSUANCE OF $12,380,000 BONDS OR NOTES OF THE COUNTY FOR THE REPLACEMENT OF THE COUNTY-WIDE TRUNKED RADIO SYSTEM, BY AND FOR THE COUNTY OF MORRIS, NEW JERSEY’”. Clerk Ketchum read the following ordinance:

BE IT ORDAINED BY THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF MORRIS, NEW JERSEY (not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS: Section 1. The improvements described in Section 3 of this bond ordinance are hereby respectively authorized as improvements to be made or acquired by the County of Morris, New Jersey (the “County”). For the said improvements or purposes stated in said Section 3, there is hereby appropriated the sum of $13,000,000, said sum being inclusive of all appropriations heretofore made therefor and including the sum of $620,000 as the down payment for said improvements or purposes required by law or more particularly described in said Section 3 and now available therefore by virtue of provision in the previously adopted budget or budgets of the County for down payments or for capital improvement purposes. Section 2. For the financing of said improvements or purposes and to meet the part of said $13,000,000 appropriation not provided for by application hereunder of said down payment, negotiable bonds of the County are hereby authorized to be issued in the principal amount of $12,380,000 pursuant to the Local Bond Law of New Jersey. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the County in the principal amount not exceeding $12,380,000 are hereby authorized to be issued pursuant to and within the limitations prescribed by said Law. Section 3. (a) The improvements hereby authorized and the purposes for the financing of which said obligations are to be issued are for the replacement of the existing Motorola County-wide 4.1 trunked radio system with an APCO Project 25 IP Standards based 7X trunked radio system which will provide enhanced technology, coverage and capacity, including all work, materials and equipment necessary therefor and incidental thereto (all as shown on and in accordance with the plans and specifications therefor on file in the office of the Clerk of the Board of Chosen Freeholders and hereby approved). (b) The estimated maximum amount of bonds or notes to be issued for said purposes is $12,380,000. (c) The estimated cost of said purposes is $13,000,000 which amount represents the initial appropriation made by the County. The excess of the appropriation of $13,000,000 over the estimated maximum amount of bonds or notes to be issued therefor being the amount of said $620,000 down payment for said purposes. Section 4. The following matters are hereby determined, declared, recited and stated: (a) The said purposes described in Section 3 of this bond ordinance are not current expenses and are each a property or improvement which the County may lawfully acquire or make as general improvements, and no part of the cost thereof has been or shall be specially benefited thereby.

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(b) The period of usefulness of said purposes within the limitations of said Local Bond Law and according to the reasonable life thereof computed from the date of said bonds authorized by this bond ordinance, is 15 years. (c) The supplemental debt statement required by said Law has been duly made and filed in the office of the Clerk of the Board of Chosen Freeholders and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs in the State of New Jersey (the “Division”), and such statement shows that the gross debt of the County as defined in said Law is increased by the authorization of the bonds and notes provided for in this bond ordinance by $12,380,000, and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Law. (d) An aggregate amount not exceeding $1,800,000 for interest on said obligations, costs of issuing said obligations, engineering costs and other items of expense listed in and permitted under Section 40A:2-20 of said Law is included in the estimated cost of said improvements. Section 5. Any funds from time to time received by the County as contributions-in-aid of financing the improvements or purposes described in Section 3 of this ordinance shall be used for financing said improvements or purposes by application thereof either to direct payment of the cost of said improvements or purposes, or to payment or reduction of the authorization of the obligations of the County authorized therefor by this bond ordinance. Any such funds so received may, and all such funds so received which are not required for direct payment of the cost of said improvements or purposes shall, be held and applied by the County as funds applicable only to the payment of obligations of the County authorized by this bond ordinance. Section 6. The full faith and credit of the County are hereby pledged to the punctual payment of the principal of and interest on the said obligations authorized by this bond ordinance. Said obligations shall be direct, unlimited obligations of the County, and the County shall be obligated to levy ad valorem taxes upon on all of the taxable property within the County for the payment of said obligations and interest thereon without limitation of rate or amount. Section 7. The capital budget of the County of Morris is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Clerk of the Board of Chosen Freeholders of the County of Morris and is available there for public inspection. Section 8. The County reasonably expects to finance the cost of the improvements described in Section 3 of this bond ordinance with the proceeds of its debt, including its bonds or notes. If the County pays such costs prior to the issuance of its debt, including bonds or notes, the County reasonably expects to reimburse such expenditures with the proceeds of its debt, including bonds or notes. The maximum principal amount of its debt, including bonds or notes, to be issued to finance the cost of the improvements described in Section 3 of this bond ordinance, including amounts to be used to reimburse the County for expenditures with respect to such costs which are paid prior to the issuance of its debt, including bonds or notes, is $12,380,000. Section 9. This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by said local 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 Nordstrom moved that the ordinance under consideration be adopted on the second and final reading. Freeholder Cabana seconded the motion. The Clerk called and recorded the following vote: YES: Freeholders Cabana, Feyl, Grossi, Murphy

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Nordstrom, and Director Chegwidden ABSENT: Freeholder Mastrangelo (6) (1)

Freeholder Nordstrom 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 Cabana seconded the motion, which passed with six YES votes. -(2) Director Chegwidden stated: “We will now consider for final adoption the ordinance entitled ‘GUARANTY ORDINANCE OF THE COUNTY OF MORRIS, NEW JERSEY, SECURING THE MORRIS COUNTY IMPROVEMENT AUTHORITY’S COUNTY OF MORRIS GUARANTEED POOLED PROGRAM BONDS AND NOTES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $30,000.000.’” Clerk Ketchum read the following ordinance: WHEREAS, The Morris County Improvement Authority (including any successors and assigns, the “Authority”) has been duly created by resolution no. 42 entitled “Resolution of the Board of Chosen Freeholders of Morris County, New Jersey creating the Morris County Improvement Authority” duly adopted by the Board of Chosen Freeholders (the “Board of Freeholders”) of the County of Morris (the “County”) in the State of New Jersey (the “State”) on April 10, 2002 as a public body corporate and politic of the Stare pursuant to and in accordance with the county improvement authorities law, constituting Chapter 183 of the Pamphlet Laws of 1960 of the State, and the acts amendatory thereof and supplemental thereto (the “Act”) and other applicable law;` WHEREAS, the Authority is authorized by law, to purchase, lease or otherwise acquire public facilities for the benefit of certain local governmental units located within and including the County; WHEREAS, the Authority is authorized by law to finance public facilities through the acquisition of debt, including without limitation (i) the general obligation bonds in an aggregate principal amount of approximately $6,000,000 (the “Borough of Rockaway Bond”) of the Borough of Rockaway, in the County of Morris, New Jersey (the “Borough of Rockaway” and together with the County, the “Local Units”) and (11) bonds of the Authority; WHEREAS, pursuant to the terms hereof and of the Act, the Authority intends to finance the acquisition and installation of certain capital equipment and the acquisition, construction, renovation and installation of certain property and infrastructure improvements (collectively, the “County Project”) as set forth on Exhibit A to the Property and Infrastructure Lease Purchase Agreement (including a Ground Lease if necessary) to be entered into between the Authority and the County as a Local Unit in connection herewith (collectively, the “Lease Agreement”), through the issuance of the Authority’s “Lease Revenue Bonds, Series 2011A” (the “Initial Lease Revenue Bonds”), the Authority’s “Lease Revenue Notes, Series 2011A (the “Initial Lease Revenue Notes”) the Authority’s “Lease Revenue Bonds, Series 2012 (the “Series 2012 Lease Revenue Bonds”) and any additional bonds or notes in an amount which together with the Initial Lease Revenue Bonds, Initial Lease Revenue Notes and the Series 2012 Lease Revenue Bonds does not exceed $30,000.00 (the “Additional Lease Revenue Bonds” and together with the Initial Lease Revenue Bonds, the Initial lease Revenue Notes, and the Series 2012 Lease Revenue Bonds, the “Authority Lease Revenue Bonds”); WHEREAS, the Authority Lease Revenue Bonds and the Borough of Rockaway Bonds shall be collectively referred to as the “Privately Placed Bonds”; WHEREAS, the Borough of Rockaway has (i) hereintofore issued bond anticipation notes for various projects as set forth in the several bond ordinances (the “Borough of Rockaway Prior Notes”) and now desires to refund the Borough of Rockaway Prior Notes and (ii) finally adopted two new bond ordinances for additional projects (collectively the “Borough of Rockaway Project” and together with the County Project, the “Projects”) all as set forth on Exhibit A to an agreement (the “Loan Agreement” and

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together with the Lease Agreement, the “Project Agreements”) by and between the Borough of Rockaway; WHEREAS, the Authority Lease Revenue Bonds will be issued pursuant to the terms of the Authority’s bond resolution entitled “RESOLUTION AUTHORIZING THE ISSUANCE OF LEASE REVENUE BONDS OF THE MORRIS COUNTY IMPROVEMENT AUTHORITY” (the “Lease Revenue Bond Resolution”), the Act and other applicable law; WHEREAS, the Borough of Rockaway Bonds will be issued pursuant to the several bond ordinances of the Borough of Rockaway and resolution of the Borough of Rockaway (the “Borough of Rockaway Bond Resolution”) and other applicable law; WHEREAS, pursuant to the terms of the Lease Agreement, the Authority contemplates taking nominal title to the County Project for the term set forth therein, then leasing the County Project to the County for the term set forth therein, at which time the Authority will convey all of its right, title and interest in and to the County Project to the County for nominal consideration; WHEREAS, the principal of, and interest on the Authority Lease Revenue Bonds shall be paid from certain rental payments made by the County in accordance with the terms of the Lease Agreement and as otherwise set forth herein; WHEREAS, pursuant to the terms of the Loan Agreement, the Borough of Rockaway acquires or retains, as the case may be, all right, title and interest to the Borough of Rockaway Project; and the Authority acquires no interest therein except as may be expressly set forth in the Loan Agreement; WHEREAS, the principal of, and interest on the Borough of Rockaway Bonds shall be paid from general obligation payments of the Borough of Rockaway; WHEREAS, the Authority shall deposit the proceeds of the Authority Lease Revenue Bonds issued under the Lease Revenue Bond Resolution with a trustee to be designated under the Lease Revenue Bond Resolution (the “Lease Revenue Trustee”) to pay the cost of: (i) the acquisition, construction, renovation or installation of the County Project; (ii) certain accrued interest to the extent set forth in the Lease Revenue Bond Resolution, (iii) certain costs of issuance to be identified in the Lease Revenue Bond Resolution; (iV) capitalized interest on the Authority Lease Revenue Bonds, if any and (v) such other items as shall be set forth in the Lease Revenue Bond Resolution; WHEREAS, stimultaneously with the issuance of the Authority Lease Revenue Bonds, the Authority shall deposit a portion of the proceeds of the Borough of Rockaway Bonds issued under the Borough of Rockaway Bond Resolution with the Trustee, as an equity contribution, to pay the cost of: (i) certain accrued interest attributable to the Borough of Rockaway Bonds to the extent set forth in the Lease Revenue Bond Resolution; (ii) certain costs of issuance attributable to the Borough of Rockaway Bonds to be identified in the Lease Revenue Bond Resolution; (iii) capitalized interest on the Borough of Rockaway Bonds, if any and (iv) such other items as shall be set forth in the Lease Revenue Bond Resolution; WHEREAS, (i) the Initial Lease Revenue Bonds and the Borough of Rockaway Bonds will be purchased with the proceeds from the Authority’s “County of Morris Guaranteed Pooled Program Bonds, Series 2011” (the “Initial Pooled Program Bonds”, (ii) the Initial Lease Revenue Notes will be purchased with the proceeds from the Authority’s “ County of Morris Guaranteed Pooled Program Notes, Series 2011” (the “Initial Pooled Program Notes”) and (iii) the Series, 2012 Lease Revenue Bonds will be purchased with the proceeds from the Authority’s “County of Morris Guaranteed Pooled Program Bonds, Series 2012” (the “Series 2012 Pooled Program Bonds” and together with the Initial Pooled Program Bonds and the Initial Pooled Program Notes, the “Pooled Program Bonds”) to be issued under the Authority bond resolution entitled “RESOLUTION AUTHORIZING THE ISSUANCE OF COUNTY OF MORRIS GUARANTEED POOLED PROGRAM BONDS OF THE MORRIS COUNTY IMPROVEMENT AUTHORITY” (the “Pooled Program Bond Resolution” and together with the Lease Revenue Bond Resolution, the “Bond Resolutions”); WHEREAS, the Pooled Program bonds and the Authority Lease Revenue Bonds shall be collectively referred to as, the “Bonds”;

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WHEREAS, any notes issued as Series 2011 Bonds may be refunded through the issuance of one or more series of notes or bonds, so long as (i) the principal amount of such notes or bonds, each issued and Outstanding in the aggregate at any one time under and as defined in the hereafter defined Bond Resolution, does not exceed $30,000.00 and (ii) the interest rates thereon do not exceed the maximum interest rates set forth in the Local Finance Board Application; WHEREAS, the issuance of the Pooled Program Bonds for the purpose of acquiring the Privately Placed Bonds to finance the Projects shall collectively be referred to as the “Project”); WHEREAS, the principal of redemption premium, if any, and interest on the Pooled Program Bonds shall be secured by the pledge of the Trust Estate as defined in the Pooled Program Bond Resolution by the Authority to the Trustee named therein (the “Pooled Trustee” and together with the Lease Revenue Trustee, the “Trustees”), which Trust Estate shall include, among other things, the Lease Agreement, the Loan Agreement, the principal of, redemption premium, if any, and interest on the Borough of Rockaway Bond, the payment on which shall be made by the Borough of Rockaway in accordance with the Local Bond Law or other law as applicable, and which shall be made from the levy of ad valorem taxes upon all the taxable property within the jurisdiction of the Borough of Rockaway, without limitation as to rate or amount, and which Borough of Rockaway Bond shall be assigned by the Authority to the Pooled Trustee as further security for the payment of the Initial Pooled Program Bonds in accordance with the terms of the Pooled Program Bond Resolution and the Loan Agreement and the principal of, redemption premium, if any, and interest on the Authority Lease Revenue Bonds and which Authority Lease Revenue Bonds shall be assigned by the Authority to the Pooled Trustee as further security for the payment of the Initial Pooled Program Bonds, the Initial Pooled Program Notes and the Series 2012 Pooled Program Bonds in accordance with the terms of the Pooled Program Bond Resolution and the Lease Agreement, which payments under the Lease Agreement shall be made from the levy of ad valorem taxes upon all the taxable property within the jurisdiction of the County, without limitation as to rate or amount; WHEREAS, payment of the principal of (including mandatory sinking fund installments, if any) and interest on the Pooled Program Bonds, to be issued in one or more series as bond and notes (including the Initial Pooled Program Bonds), shall be fully, unconditionally and irrevocably guaranteed in an aggregate principal amount not to exceed $30,000,000 in accordance with (i) the terms of a guaranty ordinance of the County to be finally adopted by the Board of Chosen Freeholders, (ii) by a guaranty certificate to be executed by an authorized officer of the County on the face of each Pooled Program Bond and (iii) as may be required by any rating agency, underwriter, Pooled Program Bond purchaser or other entity that will allow the Authority to sell the Pooled Program Bonds at the lowest possible cost to the Local Units, an agreement setting forth the County’s obligation to make any such guaranty payments in accordance with and within the parameters set forth in this ordinance (collectively, the “County Guaranty”), all pursuant to Section 37 (“Section 37”) of the Act (N.J.S.A. 40:37A-80) and other applicable law, which payments shall also be included as part of the Trust Estate applicable to the Pooled Program Bonds pledged by the Authority to the Trustees under the Bond Resolutions; WHEREAS, in accordance with the terms of the Lease Revenue Bond Resolution, the Pooled Program Bond Resolution, the County Guaranty, the Lease Agreement and the Loan Agreement, the Trustee shall not notify the County of the possible need for payments from the County under the County Guaranty to pay all of a portion of the principal of and interest on the Pooled Program Bonds when due until the respective payment dates for the Local Units under their Privately Placed Bonds, Lease Agreement and Loan Agreement shall have passed and the Local Units shall have failed to make their required payments thereunder in full; WHEREAS, pursuant to the terms of the Lease Agreement and the Loan Agreement, those Local Units constituting “materially obligated persons” within the meaning and for the purposes set forth in Rule 15c2-12 (“Rule 15c2-12”) promulgated by the Securities and Exchange Commission (the “SEC”) pursuant to the Securities and Exchange Act of 1934, as amended, will be required to enter into those certain “Local Unit Continuing Disclosure Agreements” to be dated as of the first day of the month of issuance of the Privately Placed Bonds (as the same may be amended and supplemented from time to time in accordance with their respective terms,

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the “Local Unit Continuing Disclosure Agreements”) with the Authority and the Trustee, as dissemination agent (the “Dissemination Agent”) in order to order to satisfy the secondary market disclosure requirements of Rule 15c2-12; WHEREAS, pursuant to the term of the Pooled Program Bond Resolution, as a “materially obligated person” within the meaning and for the purposes set forth in Rule 15c2-12, the County will be required to enter into that certain “County Continuing Disclosure Agreement” to be dated as of the first day of the month of issuance of the Pooled Program Bonds (as the same may be amended and supplemented from time to time in accordance with its terms, the “County Continuing Disclosure Agreement”) with the Dissemination Agent in order to satisfy the secondary market disclosure requirements of Rule 13cs-12; WHEREAS, pursuant to the terms of the Pooled Program Bond Resolution, the Authority (i) shall not be considered a “materially obligated person” within the meaning and for the purposes set forth in Rule 15c2-12, and (ii) shall be required to provide certain material events notices in accordance with Rule 15c2-12, and accordingly, the Authority (a) may be required to enter into a separate continuing disclosure agreement, or alternatively, may need to execute the Local Unit Continuing Disclosure Agreements and/or the County Continuing Disclosure Agreement, and (b) shall be required to provide such material events notices under the terms of the Local Unit Discontinuing Agreements and the County Continuing Disclosure Agreement, all in order to satisfy the secondary market disclosure requirements of Rule 15c2-12 (the “Authority Continuing Disclosure Agreement” and together with the Local Unit continuing Disclosure Agreements and the County continuing Disclosure Agreement, the “Continuing Disclosure Agreements”); WHEREAS, in order to market and sell the Bonds in one or more series, the Authority will have to (i) make an application (the “Local Finance Board Application”) to, and seek, obtain and officially recognize the findings from the Local Finance Board (the “Local Finance Board”) in the Department of Local Government Services of the State Department of Community Affairs, all in accordance with N.J.S.A. 40A:5A-6,7 and 8 of the Local Authorities Fiscal Control Law and in connection with the Authority Lease Revenue Bonds and the Pooled Program Bonds, which Local Finance Board Application, hearing and process shall to the extent permitted by applicable law, incorporate the requests for approval by the Local Finance Board of certain matters related to the Borough of Rockaway Bonds, (ii) authorize the distribution of a preliminary official statement “deemed final” within the meaning and for the purposes of Rule 15c2-12 describing the terms of the Pooled Program bonds, the Project and the other transactions contemplated hereby (the “Preliminary Official Statement”), (iii) enter into one or more bond purchase agreements with one or more underwriters (the “Underwriter”) selected by the Authority in accordance with its policy for the selection of underwriters as established by Authority resolution no 02-10 adopted July 24, 2002 and entitled “RESOLUTION ADOPTING A POLICY FOR THE SELECTION OF UNDERWRITERS AND OTHER ANCILLARY SERVICE PROVIDERS IN CONNECTION WITH THE SALE SECURITIES” (the “Underwriter Selection Policy”) and a fair and open process for the sale of all of the Pooled Program Bonds (the “Bond Purchase Agreement”), (iv) execute and deliver a final Official Statement incorporating the terms of the sale of the Pooled Program Bonds, and certain other information into the Preliminary Official Statement (the “Official Statement”), (v) obtain the required resolutions and ordinances of the Local Units necessary in order to authorize the Projects and the financing of the Projects through the Project (the “Local Unit official Action”), (vi) cause the Local Units to make certain representations, warranties and covenants concerning the Projects, the Privately Placed Bonds and the other transactions contemplated hereby prior to their respective execution and delivery of the Lease Agreement and Loan Agreement, but no later than the execution and delivery of the Bond Purchase Agreement (the “Local Unit Letter of Representations”) and (vii) cause the Local Units to make certain representations, warranties and convenants concerning the applicable Projects and Privately Placed Bonds, the use of the funds attributable to the Projects and the transactions contemplated hereby prior to their respective execution and delivery of the Lease Agreement and Loan Agreement, but no later than the execution and delivery of the Bond Purchase Agreement, all in connection with preserving the exclusion of the interest of the Bonds from the gross income of the holders, thereof for federal income tax purposes (the “Local Unit Tax Letter of Representations” and together with the Preliminary Official Statement, the

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Bond Purchase Agreement, the official Statement and the Local Unit Letter of Representations, the “Sale Documents”); WHEREAS, the Authority shall have no obligation with respect to the Project other than the financing thereof; accordingly, the payment of the Privately Placed Bonds shall remain the sole responsibility of the respective Local Units; WHEREAS, to the extent that the Authority determines it is in the best interest of the Authority and the Borough of Rockaway and in order to achieve the greatest economies of scale, the Authority is hereby authorized to issue the Bonds in one or more series to accommodate separate purchases of the Authority Lease Revenue Bonds and the Borough of Rockaway Bonds at different times and in so doing make such changes, including all documentation in connection therewith, all as deemed necessary, convenient of desirable by any such Authorized Officer, in consultation with the Consultants including such modifications thereto as counsel and financial adviser to the Authority and the Borough of Rockaway may advise, such Authorized Officer’s execution and delivery thereof of all financing documents in connection with the combined of separate issuance shall be dispositive of any such changes thereto; and WHEREAS, in accordance with Section 13 (“Section 13”) of the Act (N.J.S.A. 40:37 A-56), prior to the issuance of the Bonds, the Authority will have made a detailed report of the Project to the Board of Freeholders, which report will include, without limitation, descriptions of the Pooled Program Bond Resolution, the Lease Revenue Bond Resolution, the Bonds, the form of the Lease Agreement, the form of the Ground Lease Agreement, the form of the Loan Agreement, the master forms of the Continuing Disclosure Agreements, and if necessary, desirable or convenient as determined by the Authority and the County, such other applicable agreements that may include one or more of the Local Finance Board Application or any State Documents (collectively, the “Financing Documents”). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF MORRIS, NEW JERSEY, as follows: Section 1. This guaranty ordinance shall be adopted by the governing body of the County in the manner provided for adoption of a bond ordinance as provided in the Local Bond Law, constituting Chapter 169 of the Pamphlet Laws of 1960 of the State, as amended (the "Local Bond Law"). Section 2. Pursuant to and in accordance with the terms of the Act, specifically Section 37, the County is hereby authorized to and hereby shall fully, unconditionally and irrevocably guarantee the punctual payment of the principal, when due, of (including sinking fund installments, if any) and interest on the Pooled Program Bonds in an aggregate principal amount not exceeding $30,000,000, which Pooled Program Bonds are to be issued to finance the Project as described in the preambles hereof. Notwithstanding the provisions of any other Financing Document, upon the endorsement of the Pooled Program Bonds referred to in Section 3 below by an authorized officer of the County, the County shall be unconditionally and irrevocably obligated to pay, when due, the principal of (including sinking fund installments, if any) and interest on the Pooled Program Bonds to the extent the Trustee, for any reason, has insufficient monies on any such payment dates to pay the principal of and interest on the Pooled Program Bonds in full when due on any such payment dates, 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. 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 Pooled Program Bonds when due in accordance with the terms hereof and of the Financing Documents may not be waived, setoff or otherwise abrogated by action or inaction of the Authority, the County or for any other reason. Section 3. The Director of the Board of Freeholders (the “Freeholder Director”) shall, by manual or facsimile signature, and is hereby directed to execute an endorsement on each of the Pooled Program Bonds evidencing this guaranty by the County as to the punctual payment

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of the principal of (including sinking fund installments, if any), when due, and interest thereon. The endorsement on each Pooled Program Bond shall be in substantially the following form, and absent the fully executed endorsement in such following form on any such Pooled Program Bond, such Pooled Program Bond Bond shall not be entitled to the benefits of this guaranty ordinance: “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 Pooled Program 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 Pooled Program 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 Guaranty to be executed by the manual or facsimile signature of its Freeholder Director. The Freeholder Director is hereby further authorized to execute or acknowledge such other certificates or agreement relating to this full, irrevocable and unconditional guaranty that may be required by the Authority to comply with the terms of the Financing Documents, including without limitation, any agreement or certificate detailing the time and method that payment under this guaranty shall be made by the County. Such further agreement or certificate shall not in any manner relieve the County from its obligations hereunder, and shall contain only such terms as are consistent with or within the parameters herein set forth. Section 4. It is hereby found, determined and declared by the governing the governing body of the County that: (a) This guaranty ordinance may be adopted notwithstanding any statutory debt or other limitations, including particularly any limitation or requirement under or pursuant to the Local Bond Law, but the aggregate principal amount of the Pooled Program Bonds which shall be entitled to the benefits of this guaranty ordinance, being an amount not to exceed $30,000,000, 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 Pooled Program Bonds entitled to the benefits of this guaranty ordinance 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 Pooled Program Bonds until the end of the fiscal year beginning next after the completion of acquisition, construction, installation or renovation of the 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 in such year (including amounts payable pursuant to the Local Unit Bonds) 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 and interest on all such guaranteed Pooled Program 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 5. The following matters are hereby determined, declared, recited and stated: (a) The maximum principal amount of Pooled Program Bonds (including one or more series of bonds and one or mores series of bond anticipation notes issued in anticipation thereof) of the Authority which 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 $30,000,000; the maximum principal amount of Pooled Program Bonds (including one or more series of bonds and one or more series of bond anticipation notes issued

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in anticipation thereof) of the Authority that may be outstanding at any one time is $30,000,000; and the maximum estimated cost of the Project to be financed in accordance with the transactions contemplated hereby is $30,000,000. (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) A supplemental debt statement of the County has been duly made and filed in the office of the Clerk of the Board, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State, 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 $30,000,000 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. (d) 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 Pooled Program Bonds hereby. Section 6. 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 Project as separate issues through one or more separate series of Pooled Program Bonds consisting of notes and bonds which in the aggregate shall not exceed $30,000,000. Such series of Pooled Program Bonds (consisting of notes and bonds) shall be entitled to the benefits of this County Guaranty in an aggregate amount not to exceed $30,000,000. Section 7. To the extent the Pooled Program Bonds (or any portion thereof) are not issued in 2011 or 2012, as the case may be, references herein to “2011” or “2012”, respectively, may without any further action be changed to the year of issuance of such Pooled Program Bonds and all dates related to such year of issuance shall be automatically adjusted. Section 8. If any part(s) of this ordinance shall be deemed invalid, such part(s) shall be severed and the invalidity thereby shall not affect the remaining parts of this ordinance. Section 9. This guaranty ordinance shall take effect at the time and in the manner provided by law. Section 10. A public hearing shall be held on this guaranty ordinance on June 8, 2011 at 7:30 p.m. in the Freeholder Meeting Room, 5th Floor, Administration and Records Building, Morristown, New Jersey. Section 11. The Clerk of the Board of Freeholders is hereby directed to publish and post notice of this guaranty ordinance as required by applicable law, including the Act and Local Bond Law. Section 12. Upon the adoption hereof, the Clerk of the Board of Chosen Freeholders shall forward certified copies of this resolution to John Bonanni, County Administrator and Chairman of the Authority, Daniel W. O’Mullan, Esq., County Counsel and Stephen B. Pearlman, Esq., Counsel to the Authority. Director Chegwidden stated: “The Public Hearing is now open.” There were no public comments, and the Director declared the Public Hearing closed. Freeholder Nordstrom moved that the ordinance under consideration be adopted on the second and final reading. Freeholder Cabana seconded the motion. The Clerk called and recorded the following vote: YES: Freeholders Cabana, Feyl, Grossi, Murphy,

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Nordstrom, and Director Chegwidden ABSENT: Freeholder Mastrangelo (6) (1)

Freeholder Nordstrom 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 Cabana seconded the motion, which passed with six YES votes. -(3) Director Chegwidden stated: “We will now consider for final adoption the ordinance entitled ‘ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE MORRIS COUNTY IMPROVEMENT AUTHORITY AND AUTHORIZING OTHER NECESSARY ACTION IN CONNECTION WITH THE PROJECT FINANCED BY THE COUNTY OF MORRIS GUARANTEED POOLED PROGRAM BONDS AND NOTES.’” Clerk Ketchum read the following ordinance: WHEREAS, The Morris County Improvement Authority (including any successors and assigns, the “Authority”) has been duly created by the resolution no. 42 entitled “Resolution of the Board of Chosen Freeholders of Morris County, New Jersey creating the Morris County Improvement Authority” duly adopted by the Board of Chosen Freeholders (the “Board of Freeholders”) of the County of Morris (the “County”) in the State of New Jersey (the “State”) on April 10, 2002 as a public body corporate and politic of the State pursuant to and in accordance with the county improvement authorities law, constituting Chapter 183 of the Pamphlet Laws of 1960 of the State, and the acts amendatory thereof and supplemental thereto (the “Act”) and other applicable law; WHEREAS, the Authority is authorized by law, to purchase, lease or otherwise acquire public facilities for the benefit of certain local governmental units located within and including the County; WHEREAS, the Authority is authorized by law to finance public facilities through the acquisition of debt, including without limitation (i) the general obligation bonds in an aggregate principal amount of approximately $6,000,000 (the “Borough of Rockaway Bond”) of the Borough of Rockaway, in the County of Morris, New Jersey (the “Borough of Rockaway” and together with the County, the “Local Units”) and (11) bonds of the Authority; WHEREAS, pursuant to the terms hereof and of the Act, the Authority intends to finance the acquisition and installation of certain capital equipment and the acquisition, construction, renovation and installation of certain property and infrastructure improvements (collectively, the “County Project”) as set forth on Exhibit A to the Property and Infrastructure Lease Purchase Agreement (including a Ground Lease if necessary) to be entered into between the Authority and the County as a Local Unit in connection herewith (collectively, the “Lease Agreement”), through the issuance of the Authority’s “Lease Revenue Bonds, Series 2011A” (the “Initial Lease Revenue Bonds”), the Authority’s “Lease Revenue Notes, Series 2011A (the “Initial Lease Revenue Notes”) the Authority’s “Lease Revenue Bonds, Series 2012 (the “Series 2012 Lease Revenue Bonds”) and any additional bonds or notes in an amount which together with the Initial Lease Revenue Bonds, Initial Lease Revenue Notes and the Series 2012 Lease Revenue Bonds does not exceed $30,000.00 (the “Additional Lease Revenue Bonds” and together with the Initial Lease Revenue Bonds, the Initial lease Revenue Notes, and the Series 2012 Lease Revenue Bonds, the “Authority Lease Revenue Bonds”); WHEREAS, the Authority Lease Revenue Bonds and the Borough of Rockaway Bonds shall be collectively referred to as the ‘rivately Placed Bonds”; WHEREAS, the Borough of Rockaway has (i) hereintofore issued bond anticipation notes for various projects as set forth in the several bond ordinances (the “Borough of Rockaway Prior Notes”) and now desires to refund the Borough of Rockaway Prior Notes and (ii) finally adopted two new bond ordinances for additional projects (collectively the “Borough of Rockaway Project” and together with the County Project, the “Projects”) all as set forth on Exhibit A to an agreement (the “Loan Agreement” and together with the Lease Agreement, the “Project Agreements”) by and between the Borough of Rockaway;

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WHEREAS, the Authority Lease Revenue Bonds will be issued pursuant to the terms of the Authority’s bond resolution entitled “RESOLUTION AUTHORIZING THE ISSUANCE OF LEASE REVENUE BONDS OF THE MORRIS COUNTY IMPROVEMENT AUTHORITY” (the “Lease Revenue Bond Resolution”), the Act and other applicable law; WHEREAS, the Borough of Rockaway Bonds will be issued pursuant to the several bond ordinances of the Borough of Rockaway and resolution of the Borough of Rockaway (the “Borough of Rockaway Bond Resolution”) and other applicable law; WHEREAS, pursuant to the terms of the Lease Agreement, the Authority contemplates taking nominal title to the County Project for the term set forth therein, then leasing the County Project to the County for the term set forth therein, at which time the Authority will convey all of its right, title and interest in and to the County Project to the County for nominal consideration; WHEREAS, the principal of, and interest on the Authority Lease Revenue Bonds shall be paid from certain rental payments made by the County in accordance with the terms of the Lease Agreement and as otherwise set forth herein; WHEREAS, pursuant to the terms of the Loan Agreement, the Borough of Rockaway acquires or retains, as the case may be, all right, title and interest to the Borough of Rockaway Project; and the Authority acquires no interest therein except as may be expressly set forth in the Loan Agreement; WHEREAS, the principal of, and interest on the Borough of Rockaway Bonds shall be paid from general obligation payments of the Borough of Rockaway; WHEREAS, the Authority shall deposit the proceeds of the Authority Lease Revenue Bonds issued under the Lease Revenue Bond Resolution with a trustee to be designated under the Lease Revenue Bond Resolution (the “Lease Revenue Trustee”) to pay the cost of: (i) the acquisition, construction, renovation or installation of the County Project; (ii) certain accrued interest to the extent set forth in the Lease Revenue Bond Resolution, (iii) certain costs of issuance to be identified in the Lease Revenue Bond Resolution; (iV) capitalized interest on the Authority Lease Revenue Bonds, if any and (v) such other items as shall be set forth in the Lease revenue Bond Resolution; WHEREAS, stimultaneously with the issuance of the Authority Lease Revenue Bonds, the Authority shall deposit a portion of the proceeds of the Borough of Rockaway Bonds issued under the Borough of Rockaway Bond Resolution with the Trustee, as an equity contribution, to pay the cost of: (i) certain accrued interest attributable to the Borough of Rockaway Bonds to the extent set forth in the Lease Revenue Bond Resolution; (ii) certain costs of issuance attributable to the Borough of Rockaway Bonds to be identified in the Lease Revenue Bond Resolution; (iii) capitalized interest on the Borough of Rockaway Bonds, if any and (iv) such other items as shall be set forth in the Lease Revenue Bond Resolution; WHEREAS, (i) the Initial Lease Revenue Bonds and the Borough of Rockaway Bonds will be purchased with the proceeds from the Authority’s “County of Morris Guaranteed Pooled Program Bonds, Series 2011” (the “Initial Pooled Program Bonds”, (ii) the Initial Lease Revenue Notes will be purchased with the proceeds from the Authority’s “ County of Morris Guaranteed Pooled Program Notes, Series 2011” (the “Initial Pooled Program Notes”) and (iii) the Series, 2012 Lease Revenue Bonds will be purchased with the proceeds from the Authority’s “County of Morris Guaranteed Pooled Program Bonds, Series 2012” (the “Series 2012 Pooled Program Bonds” and together with the Initial Pooled Program Bonds and the Initial Pooled Program Notes, the “Pooled Program Bonds”) to be issued under the Authority bond resolution entitled “RESOLUTION AUTHORIZING THE ISSUANCE OF COUNTY OF MORRIS GUARANTEED POOLED PROGRAM BONDS OF THE MORRIS COUNTY IMPROVEMENT AUTHORITY” (the “Pooled Program Bond Resolution” and together with the Lease Revenue Bond Resolution, the “Bond Resolutions”); WHEREAS, the Pooled Program bonds and the Authority Lease Revenue Bonds shall be collectively referred to as, the “Bonds”;

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WHEREAS, any notes issued as Series 2011 Bonds may be refunded through the issuance of one or more series of notes or bonds, so long as (i) the principal amount of such notes or bonds, each issued and Outstanding in the aggregate at any one time under and as defined in the hereafter defined Bond Resolution, does not exceed $30,000.00 and (ii) the interest rates thereon do not exceed the maximum interest rates set forth in the Local Finance Board Application; WHEREAS, the issuance of the Pooled Program Bonds for the purpose of acquiring the Privately Placed Bonds to finance the Projects shall collectively be referred to as the “Project”); WHEREAS, the principal of redemption premium, if any, and interest on the Pooled Program Bonds shall be secured by the pledge of the Trust Estate as defined in the Pooled Program Bond Resolution by the Authority to the Trustee named therein (the “Pooled Trustee” and together with the Lease Revenue Trustee, the “Trustees”), which Trust Estate shall include, among other things, the Lease Agreement, the Loan Agreement, the principal of, redemption premium, if any, and interest on the Borough of Rockaway Bond, the payment on which shall be made by the Borough of Rockaway in accordance with the Local Bond Law or other law as applicable, and which shall be made from the levy of ad valorem taxes upon all the taxable property within the jurisdiction of the Borough of Rockaway, without limitation as to rate or amount, and which Borough of Rockaway Bond shall be assigned by the Authority to the Pooled Trustee as further security for the payment of the Initial Pooled Program Bonds in accordance with the terms of the Pooled Program Bond Resolution and the Loan Agreement and the principal of, redemption premium, if any, and interest on the Authority Lease Revenue Bonds and which Authority Lease Revenue Bonds shall be assigned by the Authority to the Pooled Trustee as further security for the payment of the Initial Pooled Program Bonds, the Initial Pooled Program Notes and the Series 2012 Pooled Program Bonds in accordance with the terms of the Pooled Program Bond Resolution and the Lease Agreement, which payments under the Lease Agreement shall be made from the levy of ad valorem taxes upon all the taxable property within the jurisdiction of the County, without limitation as to rate or amount; WHEREAS, payment of the principal of (including mandatory sinking fund installments, if any) and interest on the Pooled Program Bonds, to be issued in one or more series as bond and notes (including the Initial Pooled Program Bonds), shall be fully, unconditionally and irrevocably guaranteed in an aggregate principal amount not to exceed $30,000,000 in accordance with (i) the terms of a guaranty ordinance of the County to be finally adopted by the Board of Chosen Freeholders, (ii) by a guaranty certificate to be executed by an authorized officer of the County on the face of each Pooled Program Bond and (iii) as may be required by any rating agency, underwriter, Pooled Program Bond purchaser or other entity that will allow the Authority to sell the Pooled Program Bonds at the lowest possible cost to the Local Units, an agreement setting forth the County’s obligation to make any such guaranty payments in accordance with and within the parameters set forth in this ordinance (collectively, the “County Guaranty”), all pursuant to Section 37 (“Section 37”) of the Act (N.J.S.A. 40:37A-80) and other applicable law, which payments shall also be included as part of the Trust Estate applicable to the Pooled Program Bonds pledged by the Authority to the Trustees under the Bond Resolutions; WHEREAS, in accordance with the terms of the Lease Revenue Bond Resolution, the Pooled Program Bond Resolution, the County Guaranty, the Lease Agreement and the Loan Agreement, the Trustee shall not notify the County of the possible need for payments from the County under the County Guaranty to pay all of a portion of the principal of and interest on the Pooled Program Bonds when due until the respective payment dates for the Local Units under their Privately Placed Bonds, Lease Agreement and Loan Agreement shall have passed and the Local Units shall have failed to make their required payments thereunder in full; WHEREAS, pursuant to the terms of the Lease Agreement and the Loan Agreement, those Local Units constituting “materially obligated persons” within the meaning and for the purposes set forth in Rule 15c2-12 (“Rule 15c2-12”) promulgated by the Securities and Exchange Commission (the “SEC”) pursuant to the Securities and Exchange Act of 1934, as amended, will be required to enter into those certain “Local Unit Continuing Disclosure Agreements” to be dated as of the first day of the month of issuance of the Privately Placed Bonds (as the same may be amended and supplemented from time to time in accordance with their respective terms, the “Local Unit Continuing Disclosure Agreements”) with the Authority and

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the Trustee, as dissemination agent (the “Dissemination Agent”) in order to satisfy the secondary market disclosure requirements of Rule 15c2-12; WHEREAS, pursuant to the terms of the Pooled Program Bond Resolution, as a “materially obligated person” within the meaning and for the purpose set forth in Rule 15c2-12, the County will be required to enter into that certain “County Continuing Disclosure Agreement” to be dated as of the first day of the month of issuance of the Series 2011 Bonds (as the same may be amended and supplemented from time to time in accordance with its terms, the “County Continuing Disclosure Agreement”) with the Dissemination Agent in order to satisfy the secondary market disclosure requirements of Rule 15c2-12; WHEREAS, pursuant to the terms of the Pooled Program Bond Resolution, the Authority (i) shall not be considered a “materially obligated person” within the meaning and for the purposes set forth in Rule 15c2-12, and (ii) shall be required to provide certain material events notices in accordance with Rule 15c2-12, and accordingly, the Authority (a) may be required to enter into a separate continuing disclosure agreement, or alternatively, may need to execute the Local Unit Continuing Disclosure Agreements and/or the County Continuing Disclosure Agreement, and (b) shall be required to provide such material events notices under the terms of the Local Unit Discontinuing Agreements and the County Continuing Disclosure Agreement, all in order to satisfy the secondary market disclosure requirements of Rule 15c2-12 (the “Authority Continuing Disclosure Agreement” and together with the Local Unit continuing Disclosure Agreements and the County continuing Disclosure Agreement, the “Continuing Disclosure Agreements”); WHEREAS, in order to market and sell the Bonds in one or more series, the Authority will have to (i) make an application (the “Local Finance Board Application”) to, and seek, obtain and officially recognize the findings from the Local Finance Board (the “Local Finance Board”) in the Department of Local Government Services of the State Department of Community Affairs, all in accordance with N.J.S.A. 40A:5A-6,7 and 8 of the Local Authorities Fiscal Control Law and in connection with the Authority Lease Revenue Bonds and the Pooled Program Bonds, which Local Finance Board Application, hearing and process shall to the extent permitted by applicable law, incorporate the requests for approval by the Local Finance Board of certain matters related to the Borough of Rockaway Bonds, (ii) authorize the distribution of a preliminary official statement “deemed final” within the meaning and for the purposes of Rule 15c2-12 describing the terms of the Pooled Program bonds, the Project and the other transactions contemplated hereby (the “Preliminary Official Statement”) (iii) enter into one or more bond purchase agreements with one or more underwriters (the “Underwriter”) selected by the Authority in accordance with its policy for the selection of underwriters as established by Authority resolution no 02-10 adopted July 24, 2002 and entitled “RESOLUTION ADOPTING A POLICY FOR THE SELECTION OF UNDERWRITERS AND OTHER ANCILLARY SERVICE PROVIDERS IN CONNECTION WITH THE SALE SECURITIES” (the “Underwriter Selection Policy”) and a fair and open process for the sale of all of the Pooled Program Bonds (the “Bond Purchase Agreement”), (iv) execute and deliver a final Official Statement incorporating the terms of the sale of the Pooled Program Bonds, and certain other information into the Preliminary Official Statement (the “Official Statement”), (v) obtain the required resolutions and ordinances of the Local Units necessary in order to authorize the Projects and the financing of the Projects through the Project (the “Local Unit official Action”), (vi) cause the Local Units to make certain representations, warranties and covenants concerning the Projects, the Privately Placed Bonds and the other transactions contemplated hereby prior to their respective execution and delivery of the Lease Agreement and Loan Agreement, but no later than the execution and delivery of the Bond Purchase Agreement (the “Local Unit Letter of Representations”) and (vii) cause the Local Units to make certain representations, warranties and convenants concerning the applicable Projects and Privately Placed Bonds, the use of the funds attributable to the Projects and the transactions contemplated hereby prior to their respective execution and delivery of the Lease Agreement and Loan Agreement, but no later than the execution and delivery of the Bond Purchase Agreement, all in connection with preserving the exclusion of the interest of the Bonds from the gross income of the holders, thereof for federal income tax purposes (the “Local Unit Tax Letter of Representations” and together with the Preliminary Official Statement, the Bond Purchase Agreement, the official Statement and the Local Unit Letter of Representations, the “Sale Documents”);

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WHEREAS, the Authority shall have no obligation with respect to the Project other than the financing thereof; accordingly, the payment of the Privately Placed Bonds shall remain the sole responsibility of the respective Local Units; WHEREAS, to the extent that the Authority determines it is in the best interest of the Authority and the Borough of Rockaway and in order to achieve the greatest economies of scale, the Authority is hereby authorized to issue the Bonds in one or more series to accommodate separate purchases of the Authority Lease Revenue Bonds and the Borough of Rockaway Bonds at different times and in so doing make such changes, including all documentation in connection therewith, all as deemed necessary, convenient of desirable by any such Authorized Officer, in consultation with the Consultants including such modifications thereto as counsel and financial adviser to the Authority and the Borough of Rockaway may advise, such Authorized Officer’s execution and delivery thereof of all financing documents in connection with the combined of separate issuance shall be dispositive of any such changes thereto; and WHEREAS, in accordance with Section 13 (“Section 13”) of the Act (N.J.S.A. 40:37 A-56), prior to the issuance of the Bonds, the Authority will have made a detailed report of the Project to the Board of Freeholders, which report will include, without limitation, descriptions of the Pooled Program Bond Resolution, the Lease Revenue Bond Resolution, the Bonds, the form of the Lease Agreement, the form of the Ground Lease Agreement, the form of the Loan Agreement, the master forms of the Continuing Disclosure Agreements, and if necessary, desirable or convenient as determined by the Authority and the County, such other applicable agreements that may include one or more of the Local Finance Board Application or any State Documents (collectively, the “Financing Documents”). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF MORRIS, NEW JERSEY (NOT LESS THAN TWO-THIRDS OF THE MEMBERS THEREOF AFFIRMATIVELY CONCURRING); AS FOLLOWS: Section 1. The Lease Agreement heretofore prepared or to be prepared in connection with the Pooled Program Bonds, in the form attached as Exhibit A with such changes as may be recommended by counsel to the County, is hereby authorized and approved. Section 2. The aggregate outstanding principal amount of all Pooled Program Bonds (including notes) secured by the Lease Agreement shall in no event exceed $24,000,000. Section 3. The full faith and credit of the County are irrevocably pledged to the punctual payment of all amounts due and owing under the Lease Agreement authorized by this Ordinance, and to the extent payment is not otherwise provided, the County shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof. Section 4. The supplemental debt statement provided for in Section 10 of the Local Bond Law N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk of the Board of Chosen Freeholders prior to the passage of this Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the County, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Ordinance by $24,000,000. Section 5. The Freeholder Director and Treasurer/Chief Financial Officer are hereby severally authorized to execute the Lease Agreement on behalf of the County. The Clerk of the Board of Chosen Freeholders is hereby authorized to attest said signatures and to affix the seal of the County unto the same. The execution of the Lease Agreement by the Freeholder Director or Treasurer/Chief Financial Officer shall conclusively evidence the County’s approval of the terms thereof and no further action shall be required. Section 6. All actions heretofore taken and documents prepared or executed by or on behalf of the County by the Freeholder Director, Treasurer/Chief Financial Officer, Clerk of the Board of Chosen Freeholders, other County officers and officials or by the County’s professional advisors, in connection with the Project, and matters related

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thereto, and the issuance of Bonds or Notes are hereby authorized, approved, ratified and confirmed. Section 7. The Freeholder Director, Treasurer/Chief Financial Officer and Clerk of the Board of Chosen Freeholders are each hereby authorized to execute such closing certificates and other documents and instruments as may be necessary or desirable for the issuance by the Authority or Bonds or Notes and related to the financing or refinancing of the Project and all matters related thereto. Section 8. All ordinances, or parts thereof, inconsistent herewith are hereby rescinded and repealed to the extent of any such inconsistency. Section 9. A public hearing shall be held on this guaranty ordinance on June 8, 2011 at 7:30 p.m. in the Freeholder Meeting Room, 5th Floor, Administration and Records Building, Morristown, New Jersey. Section 10. The Clerk of the Board of Freeholders is hereby directed to publish and post notice of this guaranty ordinance as required by applicable law, including the Act and Local Bond Law. Section 11. Upon the adoption hereof, the Clerk of the Board of Chosen Freeholders shall forward certified copies of this resolution to John Bonanni, County Administrator and Chairman of the Authority, Daniel W. O’Mullan, Esq., County Counsel and Stephen B. Pearlman, Esq., Counsel to the Authority. Section 12. This ordinance shall take effect at the time and in the manner provided by applicable law. Director Chegwidden stated: “The Public Hearing is now open.” There were no public comments, and the Director declared the Public Hearing closed. Freeholder Nordstrom moved that the ordinance under consideration be adopted on the second and final reading. Freeholder Cabana seconded the motion. The Clerk called and recorded the following vote: YES: Freeholders Cabana, Feyl, Grossi, Murphy, Nordstrom, and Director Chegwidden

(6) (1)

ABSENT: Freeholder Mastrangelo

Freeholder Nordstrom 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 Cabana seconded the motion, which passed with six YES votes. --

PUBLIC PORTION Ms. Virginia Lyttle, Morris County Advisory Committee on Women member and Morris Plains resident, asked the Board if they has any questions or comments concerning their 2010 Annual Report which they recently sent to the Freeholder Board. Freeholder Grossi commended the committee for this study. Ms. Lyttle thanked the Board for creating this worthwhile committee. --

Freeholder Cabana presented the following resolutions: (1) WHEREAS, the Board of Chosen Freeholders of the County of Morris has reviewed and agrees to accept a Corrective Deed (“Deed”) between Fairleigh Dickinson University, a not-for-profit New Jersey corporation, whose address is 1000 River Road, Mail Stop H-DH3-04, Teaneck, New Jersey 07666 ( Grantor) and the County of Morris, having its principal address at Court Street, PO Box 900, Morristown, New Jersey 07963-0900 (Grantee) which Deed conveys property known as Tax Block No. 1301, a portion of Lot No. 1, located in the

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Municipality of the Borough of Florham Park, and State of New Jersey, more particularly described in the attached Deed, a copy of which is on file in the Office of the Morris County Administrator. NOW THEREFORE BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris, State of New Jersey as follows: 1. The Deed between Fairleigh Dickinson University, a not-for-profit New Jersey corporation, whose address is 1000 River Road, Mail Stop H-DH304, Teaneck, New Jersey 07666 (Grantor) and the County of Morris, having its principal address at Court Street, P.O. Box 900, Morristown, New Jersey 07963-0900 (Grantee) which Deed conveys property known as Tax Block No. 1301, a portion of Lot No. 1, located in the Municipality of the Borough of Florham Park, and State of New Jersey more particularly described in the attached Deed, a copy of which is on file in the Office of the Morris County Administrator, be and is herewith accepted. The Clerk of the Board shall record the Deed with the Office of the Morris County Clerk. The within resolution shall take effect immediately. -(2) WHEREAS, the Board of Chosen Freeholders of the County of Morris has reviewed and agrees to accept a Deed between Turker Akcay, married, whose address is 510 Washington Street, Boonton, New Jersey 07005 (Grantor) and the County of Morris, having its principal address at Court Street, P.O. Box 900, Morristown, New Jersey 07963-0900 (Grantee) which Deed conveys property known as Tax Block No. 450, Lot No. 13, located in the Municipality of Parsippany-Troy Hills, Morris County, and State of New Jersey, more particularly described in the attached Deed, a copy of which is on file in the Office of the Morris County Administrator. NOW THEREFORE BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris, State of New Jersey as follows: 1. The Deed between Turker Akcay, married, whose address is 510 Washington Street, Boonton, New Jersey 07005 (Grantor) and the County of Morris, having its principal address at Court Street, P.O. Box 900, Morristown, New Jersey 07963-0900 (Grantee) which Deed conveys property known as Tax Block No. 450, Lot No. 13, located in the Municipality of Parsippany-Troy Hills, Morris County, and State of New Jersey, more particularly described in the attached Deed, a copy of which is on file in the Office of the Morris County Administrator, be and is herewith accepted. The Clerk of the Board shall record the Deed with the Office of the Morris County Clerk. The within resolution shall take effect immediately. -(3) WHEREAS, on February 23, 2011, the County of Morris submitted a grant application for a 2011 Universal Service Agreement #2011-0229-00 for $3,603.00 to the New Jersey Division of community Resources, Department of Community Affairs; and, WHEREAS, the County of Morris has received notice of award for both of the aforesaid grant; NOW, THEREFORE the County of Morris and County Treasurer funds, crediting the BE IT RESOLVED, by the Board of Chosen Freeholders of in State of New Jersey that the Director of Finance is hereby authorized to accept the aforesaid grant appropriate account. -(4) WHEREAS, the Morris Automated Information Network (M.A.I.N., Inc.) and the County of Morris Department of Information Services/Personnel,

2.

3.

2.

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289

BOARD OF CHOSEN FREEHOLDERS – JUNE 8, 2011
Office of Library Information Services have entered into an Agreement as to funding and services to be provided by the County of Morris; and WHEREAS, this agreement shall be for a one (1) year term; BE IT RESOLVED, by the Board of Chosen Freeholder of the County of Morris in the State of New Jersey that, the Agreement with the Morris Automated Information Network (M.A.I.N., Inc.) is hereby approved and entered into by this Board. BE IT FURTHER RESOLVED, that the Director shall execute the Agreement. -(5) BE IT FURTHER RESOLVED, by the Board of Chosen Freeholders of the County of Morris in the State of New Jersey as follows: 1. That the Director of the Board of Chosen Freeholders and the Director of Finance and county Treasurer are hereby authorized to sign and execute a contract# TS12014 for the fiscal year 2012, on behalf of the Morris/Sussex/Warren Employment and Training Services, with the New Jersey Department of Human Services in the amount of $343,638.00 for the period July 1, 2011 through June 30, 2012, for the operation of the Work First New Jersey Program in Morris County. That the Director of Finance and County Treasurer is hereby authorized to accept the funds, crediting the appropriate account. -(6) WHEREAS, the Bridge Maintenance Division of the Department of Public Works of the County of Morris has to perform Repairs to County Bridge No. 1400-978 on Fox Hill Road over a Tributary to Peck Meadow Brook in the Township of Denville, County of Morris, to preserve its structural integrity; and WHEREAS, to accomplish this work safely and efficiently the bridge must be closed to all traffic, for a period of approximately one (1) week; and WHEREAS, the Engineering Division of the Department of Public Works of the County of Morris has provided an acceptable traffic control plan, to the Police Department of the Townships of Denville and Parsippany-Troy Hills and will notify the municipalities 48 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. 1400-978 on Fox Hill Road over a tributary to Peck Meadow Brook in the Township of Denville, County of Morris to all traffic for a period of approximately one (1) week from June 23, 2011 through July 1, 2011 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 Administratiors of the Townships of Denville and Parsippany-Troy Hills, and the County Engineer of the County of Morris. -(7) BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris as follows: 1. The location of the formal meeting of the Board of Chosen Freeholders of the County of Morris scheduled for Wednesday, July 27, 2011 at 7:30 p.m. has been changed from the Administration and Records Building, Court Street, Morristown, New Jersey to take place in the Borough of Chester Municipal Building, 50 North Road, Chester, New Jersey at 7:30 p.m. at which time formal action may be taken. The Clerk of the Board of Chosen Freeholders of the County of Morris

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290

BOARD OF CHOSEN FREEHOLDERS – JUNE 8, 2011
shall post a certified copy of this resolution in the Clerk’s Office and the Office of the Morris County Clerk and send a copy to the Daily Record and to the Star Ledger. 3. This resolution shall take effect immediately. -(8) BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris as follows: 1. The location of the formal meeting of the Board of Chosen Freeholders of the County of Morris scheduled for Wednesday, August 24, 2011 at 7:30 p.m. has been changed from the Administration and Records Building, Court Street, Morristown, New Jersey to take place in the Borough of Mountain Lakes Municipal Building, 400 Boulevard, Mountain Lakes, New Jersey at 7:30 p.m. at which time formal action may be taken. The Clerk of the Board of Chosen Freeholders of the County of Morris shall post a certified copy of this resolution in the Clerk’s Office and the Office of the Morris County Clerk and send a copy to the Daily Record and to the Star Ledger. This resolution shall take effect immediately. -(9) BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris as follows: 1. The location of the formal meeting of the Board of Chosen Freeholders of the County of Morris scheduled for Monday September 26, 2011 at 7:30 p.m. has been changed from the Administration and Records Building, Court Street, Morristown, New Jersey to take place at the Garabrant Center, 4 Wilson Street, in the Borough of Mendham, New Jersey at 7:30 p.m. at which time formal action may be taken. The Clerk of the Board of Chosen Freeholders of the County of Morris shall post a certified copy of this resolution in the Clerk’s office and the Office of the Morris County Clerk and send a copy to the Daily Record and to the Star Ledger. This resolution shall take effect immediately. -(10) WHEREAS, the following Grant Fund budget appropriation balance remain unexpended; 784030 FFY07 UASI $14.73

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WHEREAS, it is necessary to formally cancel said balance so that the Grant program may be closed out and removed from the open balance, and WHEREAS, it may be necessary to refund any excess fund received from the Grant Agency if we received funding in excess of the requirement of the program. NOW, THEREFORE BE IT RESOLVED by the Board of Chosen Freeholders that the above listed balance in the grant fund be canceled and any excess fund received be returned to the appropriate Grant Agency. -(11) 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

291

BOARD OF CHOSEN FREEHOLDERS – JUNE 8, 2011
329612 12/20/10 $25.00 American Public Centralized Works Assoc. Disbursement -(12) 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 2011 county budget. NOW, THEREFORE BE IT RESOLVED, that the Board of Chosen Freeholders hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue and appropriation in the budget of the year 2011 as referenced below: Revenue Title: New Jersey Department of Community Affairs Amount: $3,603.00 Appropriation Title: 2011 Universal Service Fund CWA Administration Amount: $3,603.00 Local Match – Source: Amount: $____________ Bank of America

BE IT FURTHER RESOLVED, that pursuant to N.J.S.A. 40A:4-87 this resolution has been duly adopted by the governing body of the County of Morris and that one (1) certified copy of this resolution be forwarded to the Division of Local Government Services. -(13) WHEREAS, the County of Morris has a PCARD program with Bank of America and WHEREAS, transactions were processed through the program during the month of May 2011, as per the attached documentation. NOW, THEREFORE BE IT RESOLVED that authorization is hereby given to the Treasurers office to process payment to Bank of America by the due date of 6/25/11 in the total amount of $96.15. -(14) WHEREAS, the Morris County Board of Chosen Freeholders has been awarded $72,500 in 2011 Supplemental Municipal Alliance funds to provide substance abuse prevention programs in the Morris County community; and, WHEREAS, 19 Alliances have applied and been approved for this funding; NOW, THEREFORE BE IT RESOLVED by the Board of Chosen Freeholders of the County of Morris in the Stare of New Jersey as follows: 1. The Freeholder Director is hereby authorized to sign and execute the following Supplemental Letters of Agreement for the period of January 1, 2011 through December 31, 2011, copies of which are on file in the Department of Human Services and made part hereof by

292

BOARD OF CHOSEN FREEHOLDERS – JUNE 8, 2011
reference. 2. The County Treasurer is hereby authorized to issue Certificates of Availability of Funds charging account 02-213-41-758110-334, for the following agreements: Supplemental Award $2,500 $2,500 $5,000 $2,500 $2,500 $2,500 $2,500 $2,500 $2,500 $2,500 $4,950 $2,500 $2,500 $5,000 $2,500 $2,500 $2,500 $2,500 $2,500 $17,550 $72,500 -(15) WHEREAS, on January 26, 2011, the Board of Chosen Freeholders adopted Resolution Number 35, authorizing the execution of subgrant agreements with various non-profit agencies to provide funding for programs under the Older Americans Act; and, WHEREAS, one of the aforesaid agencies, the Visiting Nurse Association of Northern New Jersey/Affiliated Health Services, Caregivers Initiative; was awarded $79,000.00 under the said resolution; and, WHEREAS, the aforesaid resolution authorized the issuance of a Certificate of Availability of Funds to the Visiting Nurse Association of Northern New Jersey/Affiliated Health Services, Caregivers Initiative; and, WHEREAS, in actuality only $31,235.00 of the aforesaid $79,000.00 should be awarded under a Certificate of Availability of Funds, and the balance of $47,765.00 is to be held and disbursed, on an as needed basis, as directed by the Visiting Nurses Association of Northern New Jersey/Affiliated Health Services, Caregivers Initiative. NOW THEREFORE BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris, State of New Jersey The Director of Finance and County Treasurer is hereby authorized to issue an amended Certificate of Availability of Funds Number 30239, crediting Account #01-201-41-716110090, with the balance of $47,765.00, to be disbursed, as directed by the Visiting Nurses Association of Northern New Jersey/Affiliated Health Services, Caregivers initiative, on an as needed basis. -(16) WHEREAS, on June 23, 2010 by Resolution #37 a contract relative to Safety and Loss Prevention Services to the Morris County Division of Risk Management in the overall administration of its Safety and Loss Program, including support of the County Risk Manager and the programs that currently fall under the direction of that office was awarded to sole bidder, Birdsall Services Group formerly PMK Group, 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, Vendor Code 13419 2485 133777 14258 14394 15082 15095 19271 15607 15946 18099 18100 16298 1122 16385 16890 18102 1905 18452

Municipality

Boonton, Town of Butler, Borough of Chatham Borough/Township Denville, Township of Dover/Victory Gardens Hanover, Township of Harding, Township of Jefferson, Township of Kinnelon, Borough of Madison, Borough of Mendham Borough/Township Montville, Township of Morris Plains, Borough of Morristown/Morris Township Mt. Olive, Township of Parsippany/Troy Hills Pequannock, Township of Rockaway, Township of Washington, Township of Countywide Prevention Activities TOTAL

293

BOARD OF CHOSEN FREEHOLDERS – JUNE 8, 2011
BE IT RESOLVED that said contract with Birdsall Services Group, be renewed as follows: Birdsall Services Group 2100 Highway 35 Old Mill Plaza, Building 28 Sea Girt, NJ 08750 Amount: $184,800.00 Account#: 70-201-23-212100-084 Term: July 1, 2011 through June 30, 2012 Dept: Administration 1. The Treasurer is hereby authorized to issue a Certificate of Availability of Funds. The Purchasing Agent is hereby authorized to execute said contract as prepared by County Counsel. The resolution shall take effect immediately. -(17) With respect to recent bidding for the Intersection Improvements on Blackwell Street (CR 513) between Prospect Street and Bergen Street, Town of Dover, Morris County New Jersey, a contract is hereby awarded to the lowest, most responsible bidder as follows: Tifffany Electric, Inc. 3 Edison Place Fairfield, New Jersey 07004 VENDOR ID: 10477 Term: One Hundred Eighty (180) days Amount: $127,933.05 Account#: 02-213-41-864170-391 Dept: Engineering 1. The Director is authorized to execute and the Clerk shall attest and affix the seal to the contract as presented by County Counsel. The Treasurer is hereby authorized to issue a Certificate of Availability of Funds. This resolution shall take effect immediately. This contract is awarded pursuant to a fair and open process in compliance with N.J.S.A. 19:44A-20.1, et seq. -(18) 1.

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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 Morris View Healthcare Center, to: Optimus EMR Inc. 17802 Sky Park Circle Ste 105 Irvine CA 92614 Amount: $13,635.96 Term: January 1st, 2011 thru December 31st, 2011 Budget Line Item: 01-201-27-350100-040 Using Department: Morris View Healthcare Center

2.

The Purchasing Agent is hereby authorized to execute said contract as prepared by County Counsel. This resolution shall take effect immediately. --

3.

(19) With respect to recent bidding for Labor Rates for Electrical and Related Work, a contract is hereby awarded to the lowest responsible bidder as follows:

294

BOARD OF CHOSEN FREEHOLDERS – JUNE 8, 2011
Vanore Electric Inc. 375 North St. Unit Q Teterboro, NJ 07608 Contract Term: June 1st, 2011 thru May 31st, 2012 Amount: $20,000.00 Budget Line Item: 01-201-26-310100-262 Using Dept: Buildings & Grounds 1. The Treasurer is hereby authorized to issue a Certificate of Availability of Funds. The Purchasing Agent is hereby authorized to execute said contract as prepared by County Counsel. The contract is awarded pursuant to a fair and open process in compliance with N.J.S.A. 19:44A-20.1, et seq. This resolution shall take effect immediately. -(20) WHEREAS, the State of New Jersey Department of Health and Senior Services (NJDHSS) was selected by the U.S. Department of Health and Human Services to develop and maintain a program to help seniors and injured veterans, of all ages, at risk of nursing home placement to remain independent in their homes and communities; and WHEREAS, NJDHSS and its federal, state and county partners in the VD-HCBS project have developed a consumer-directed, cash and counseling services for seniors and veterans residing in Morris, Somerset and Bergen Counties who are in need of long-term care services and are at risk of spending down their assets to the Medicaid eligibility level; and WHEREAS, the partners in this effort include NJDHHS, the New Jersey Department of Human Services (DHS) and Military and veterans Affairs (DMAVA), the U.S. Lyons Veterans Administration Healthcare System (VISN3), and the Morris County Division on Aging, Disabilities and Veterans; and WHEREAS, the VA desires to purchase a set of homes and communitybased services (HCBS) from Area Agencies on Aging that will enable veterans of all ages to receive needed services in the community and to remain safely in their homes as long as possible. NOW, THEREFORE, BE IT RESOLVED, by tee 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 an application, on behalf of the County of Morris, to the Veterans Health Administration for participation as a provider in the Veterans Directed Home and Community Based Services Program. The Director of the Department of Finance and County Treasurer is hereby authorized to accept payments from the Veterans Health Administration as reimbursement for the above mentioned services provided by the Division on Aging, Disabilities & Veterans, crediting the appropriate account. -(21) BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris in the State of New Jersey that the Director of the Board of Chosen Freeholders is hereby authorized to sign and execute Modification #3 extending the end date of the contract to August 31, 2011 for Subgrant Agreement #STASHUT-TOM-JARC between the Morris/Sussex/Warren Employment & Training Services and State Shuttle, Inc., a copy of which is on file in the Office of Employment & Training. BE IT FURTHER RESOLVED, that the Director of Finance and County Treasurer is hereby authorized to issue an amended CAF #4418, extending it to August 31, 2011. The contract amount will remain the same at $349,170.34. --

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295

BOARD OF CHOSEN FREEHOLDERS – JUNE 8, 2011
(22) 1. The County of Morris wishes to purchase goods and services from the following authorized vendors under the State of New Jersey Cooperative Purchasing Program 1-NJCP, in accordance with Local Public Contract Law, N.J.S.A. 40A:11-11 and N.J.S.A:11-12. Tilcon New York Inc. PO Box 517 Wharton, NJ 07885-0517 Co-op#5 D&B Supply 320 Lincoln Blvd. Middlesex, NJ 08846 CC-48-10 Bayway Lumber 400 Ashton Avenue Linden, NJ 07036 SOCCP 49-10 Bayway Lumber 400 Ashton Avenue Linden, NJ 07036 NJSC# A56184 D&N Animal Recovery PO Box 205 Long Valley, NJ 07853 Co-op#51 Ricoh Americas Corp. 5 Dedrick Place, PO Box 12 West Caldwell, NJ 07006 GSO3F0085U General Plumbing Supply Inc. PO Box 980 Edison, NJ 08818-0980 NJSC# A53165 Harrison Supply PO Box 160 Sparta, NJ 07871 Co-op#19 Schindler Elevator Corp. 20 Whippany Road Morristown, NJ 07960 AAHSA 01-201-27-350110-044 $2,150.00 01-201-27-350110-262 $ 739.75 RD Sales LLC 220 W Parkway Pompton Plains, NJ 07444 AAHSA Penn-Jersey Paper Co. 232 Solomone Avenue W Paterson, NJ 07424 WB Mason Co 535 Secaucus Road Secaucus, NJ 07094 Tilcon New York Inc. PO Box 517 Wharton, NJ 07885-0517 Co-op#5 All State Office Interior 10 Jefferson Plaza Princeton, NJ 08540 Road Division 01-201-26-290100-222 Amount: $4,193.91

Motor Service Center 01-201-26-315100-291 Amount: $2,030.12

Buildings & Grounds 04-216-55-953216-951 Amount: $5,473.70

Morris View Healthcare 01-201-350110-204 Amount: $5,837.53

Road Division 01-201-26-290100-036 Amount: $4,360.00

Law & Public Safety 02-213-41-718105-391 Amount: $14,431.00

Morris View Healthcare 01-201-27-350110-204 Amount: $2,699.14

Road Division 01-201-26-290-100-224 Amount: $3,802.94

Morris View Healthcare Split Account: Amount: $2,889.75

Morris View Healthcare 04-216-55-959244-951 Amount: $79,350.00

Morris View Healthcare 01-201-27-350110-252 Amount: $6,360.61 OTA 01-201-27-345100-058 Amount: $2,780.20 Road Division 01-201-26-290100-222 Amount: $2,805.30

Buildings & Grounds 04-216-55-953204-951 Amount: $14,040.00

296

BOARD OF CHOSEN FREEHOLDERS – JUNE 8, 2011
SC-65752 Sprint-Nextel 707 17th Street Denver CO 80202 NJSC# A64429 Extel Communications 830 Belmont Avenue North Haledon, NJ 07508 Dell Marketing One Dell Way Round Rock, TX NJSC# A70256 Prosecutor’s Office 01-201-25-275100-031 Amount: $6,290.63

Information Technology 04-216-55-952182-955 Amount: $14,685.00 Information Technology 02-213-41-806815-391 Amount: $4,464.58

78682

-(23) WHEREAS, the County Treasurer has been advised that the following checks are no longer needed and payment has been voided on same, THEREFORE BE IT RESOLVED, that the County Treasurer is hereby authorized to redeposit the following checks. CHECK# 334763 DATE AMOUNT PAYEE ACCOUNT BANK

05/11/11 $395.00

Foster & Company, Centralized Bank of America Inc. Disbursement Pest Healthcare Centralized Bank of America Disbursement

334941

05/11/11

$378.00

-(24) RESOLVED, that the Director is hereby authorized to execute and the Clerk shall certify, attest and affix the seal to the Cancellation of Mortgage in the matter of the following clients and the Clerk shall deliver the same to Community Development. Kim Faure Sandra Goodman Margaret Rizzo -(25) RESOLVED, that the Director is hereby authorized to execute and the Clerk shall attest and affix the seal to the Release of Grant and Lien in the matter of the clients (s) and the Clerk shall deliver the same to Community Development. Henry J. & Mary Jane Mason -(26) WHEREAS, a contract was awarded on January 21, 2011 for the replacement of lighting fixtures in three (3) County parking garages; and WHEREAS, it has been determined that it is necessary to increase said contract to provide for additional labor and equipment; NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of the County of Morris in the State of New Jersey that, pursuant to Local Public Contract Regulations, contract modifications as detailed on “Contract Change Order Request” No. 1-29387 is hereby approved as follows: 1. Vendor: VA Electrical Contractor, LLC 1 Haviland Drive Millstone Township, NJ 08535 Item: Additional labor and materials for the replacement of lighting fixtures in three (3) County parking garages.

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297

BOARD OF CHOSEN FREEHOLDERS – JUNE 8, 2011
3. 4. 5. Increase in Cost: New Contract Total: $ 3,483.70

$ 121,283.70

The necessary amended Certificate of Funds has been provided by the Treasurer and said amended Certificate indicates the availability of funds is as listed in Account #02-213-41-864905-391 and said account shall be charged. The Director of the Board of Chosen Freeholders is hereby authorized to execute said contract modification. This resolution shall take effect immediately. --

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(27) WHEREAS, the County is eligible to receive Federal funds available through the Department of Housing and Urban Development; and WHEREAS, in order to receive funding for fiscal year 2011, a One Year Action Plan was developed in compliance with 24 CFR Parts 91,92,570,574,576 and 968; and WHEREAS, the U.S. Department of Housing and Urban Development requires certain certifications to be submitted along with and no part of the One Year Action Plan Submission; and WHEREAS, pursuant to government regulations the County has prepared a Consolidated Submission to apply for Community Development Block Grant funds, Emergency Solutions Grant funds, and funds available through the Home Investment Partnerships Program for fiscal 2011; NOW THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris in the State of New Jersey, bringing the governing body thereof, as follows; 1. The Freeholder Director of the County of Morris is hereby authorized to submit the One Year Action Plan including all understandings and assurances contained therein, to utilize to the fullest extent of funding allowed and determined by the Department of Housing and Urban Development, under the Housing and Community Development Act of 1974, as amended; the Stewart B. McKinney Homeless Assistance Act, as amended; the Cranston-Gonzalez National Affordable Housing Act and the American Dream Downpayment Act of 2003 and to act as the authorized representative of the County of Morris and to provide such additional information as may be required. The Director and such other appropriate and responsible officials are hereby authorized and directed to execute on behalf of the County of Morris such certification or certifications as may be of required under the Rules and Regulations of the U.S. Department of Housing and Urban Development. -(28) WHEREAS, there exists a need for professional medical treatment services for the inmates of the Morris County Correctional Facility; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of contract for “professional services” without competitive bidding and the contract itself must be available for public inspection; NOW, THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris in the State of New Jersey as follows: 1. The agreement between the County of Morris and Atlantic Health System/Morristown Memorial Hospital, which is on file in the Office of the County Administrator and made a part hereof by reference, is hereby approved and shall be entered into by this Board. The Director of the Board of Chosen Freeholders is hereby authorized to sign and execute this agreement.

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298

BOARD OF CHOSEN FREEHOLDERS – JUNE 8, 2011
3. This contract is awarded without competitive bidding as a “professional service” under the provisions of the Local Public Contracts Law because it is for services to be rendered by a person or persons whose practice is regulated by law. All charges for services will be calculated in accordance with the effective rate schedule and charged to the appropriate Account #01201-25-280100-189. An official notice of this action shall be published in accordance with the law. -(29) RESOLVED, that the Director is hereby authorized to execute and the Clerk shall certify, attest and affix the seal to the Postponement of Lien in the matter of the following client(s), and the Clerk shall deliver the same to Community Development. Norman H Ressler -(30) RESOLUTION AUTHORIZING THE EXECUTION OF THE STATE/COUNTY AGREEMENT FOR FY 2011 FUNDS UNDER THE STATE AID FOR LOCAL BRIDGES, FUTURE NEEDS PROGRAM OF THE TRANSPORTATION TRUST FUND

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BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris in the State of New Jersey as follows: 1. That William J. Chegwidden, Freeholder Director and Diane M. Ketchum, Clerk of the Board of Chosen Freeholders, of the County of Morris are hereby authorized to sign the agreements between the Department of Transportation of the State of New Jersey and the County of Morris for funds under the FY2011 State Aid for Local Bridges, Future Needs Program for the following bridge project. Replacement of Bridge No. 1400-629 on County Route 510 (Mendham Road) over a Tributary to Burnett Brook in the Townships of Chester and Mendham. 2. The referenced State/County Agreement is attached hereto and made a part of this resolution by reference. That copies of this Resolution and Agreement be forwarded to the District Engineer, Division of Local Aid and Economic Development, Mount Arlington by the Morris County Engineer. This resolution shall take effect immediately. -(31) RESOLUTION AUTHORIZING THE EXECUTION OF THE STATE/COUNTY AGREEMENT FOR FY 2011 FUNDS UNDER THE STATE AID FOR LOCAL BRIDGES, FUTURE NEEDS PROGRAM OF THE TRANSPORTATION TRUST FUND

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4.

BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris in the State of New Jersey as follows: 1. That William J. Chegwidden, Freeholder Director and Diane M. Ketchum, Clerk of the Board of Chosen Freeholders, of the County of Morris are hereby authorized to sign the agreements between the Department of Transportation of the State of New Jersey and the County of Morris for funds under the FY2011 State Aid for Local Bridges, Future Needs Program for the following bridge project: Superstructure Replacement of Bi-County Bridge No. 1400-443 on Eagle Rock Avenue over the Passaic River in the Township of East Hanover and Borough of Roseland.

299

BOARD OF CHOSEN FREEHOLDERS – JUNE 8, 2011
2. The referenced State/County Agreement is attached hereto and made a part of this resolution by reference. That copies of this Resolution and Agreement be forwarded to the District Engineer, Division of Local Aid and Economic Development, Mount Arlington by the Morris County Engineer. This resolution shall take effect immediately. -(32) RESOLUTION ACCEPTING THE CONVEYANVE OF A RIGHT-OF-WAY AND A DRAINAGE EASEMENT FROM WILLIAM P. HAMMOND FOR THE NORTH MAIN STREET EXTENSION PROJECT IN THE BOROUGH OF WHARTON, COUNTY OF MORRIS, STATE OF NEW JERSEY FOR NOMINAL CONSIDERATION. WHEREAS, William P. Hammond is the owner of certain property in the Borough of Wharton, County of Morris, State of New Jersey, designated as Block 301, Lot 2.01, as shown on the current Tax Maps of the Borough of Wharton (“Property”); and WHEREAS, in order for the County of Morris to construct the North Main Street Extension in the Borough of Wharton, the County requires access to the Property for a Right-of-Way and a Drainage Easement; and WHEREAS, William P. Hammond has offered to convey a portion of the Property to the County for a Right-of-Way and a Drainage Easement for nominal consideration; and WHEREAS, the County desires to accept the Right-of-Way and Drainage Easement for $1.00 and other good and valuable consideration; and WHEREAS, William P. Hammond has signed a Deed of Dedication and Drainage Easement, dated May 24, 2011, for the conveyance of the Right-ofWay and Drainage Easement to the County of Morris; and WHEREAS, the County is, pursuant to the Local Lands and Buildings Law, specifically N.J.S.A. 40A:12-5, authorized to accept the Property by Resolution subject to lawful conditions; and WHEREAS, the Board of Chosen Freeholders believes that it is in the best interests of the residents of the County to accept the Property and, on behalf of the County residents, expresses its gratitude to William P. Hammond. ` NOW THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of the County of Morris in the State of New Jersey that it hereby accepts a portion of the Property from William P. Hammond for the construction of the North Main Street Extension Project; and BE IT FURTHER RESOLVED that: 1. County Counsel through Special Counsel is hereby authorized to take those steps necessary to close on the conveyance. The Clerk is hereby directed to forward a copy of this resolution to William P. Hammond, as an expression of the County’s gratitude. This resolution shall take effect immediately and be in full force from and after its passage. -Freeholder Cabana made a motion to adopt Resolution Nos. 1 through 32. This was seconded by Freeholder Murphy. The Clerk called and recorded the following vote: YES: Freeholders Cabana, Feyl, Grossi, Murphy, Nordstrom and Director Chegwidden (except to ABSTAIN on No. 32) (6) ABSENT: Freeholder Mastrangelo (1)

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300

BOARD OF CHOSEN FREEHOLDERS – JUNE 8, 2011
-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 paid. The Schedule of Warrants designated as Bill Resolution #11-11 is detailed below and totals $5,591,659.36 dated this date and made a part hereof by reference. Freeholder Murphy moved the adoption of the Bill Resolution. The motion was seconded by Freeholder Nordstrom, and the following vote was recorded: YES: Freeholders Cabana, Feyl, Grossi, Murphy, Nordstrom, and Director Chegwidden

(6)

ABSENT: Freeholder Mastrangelo -ADJOURNMENT

(1)

There was no further business. On motion by Freeholder Nordstrom and seconded by Freeholder Murphy, the meeting was adjourned at 7:45 p.m. Respectfully submitted,

Diane M. Ketchum Clerk of the Board

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BOARD OF CHOSEN FREEHOLDERS – JUNE 8, 2011

302

BOARD OF CHOSEN FREEHOLDERS – JUNE 8, 2011

303