You are on page 1of 50

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011

A regular meeting of The Board of Chosen Freeholders of the County of Morris, State of New Jersey, was held on September 26, 2011, in the Borough of Mendham, Garabrant Center, 4 Wilson Street. The meeting began at 7:30 p.m. Clerk of the Board Diane M. Ketchum announced that adequate notice of this meeting held this 26th day of September has been provided through resolution adopted by this Board at its regular meeting held at the Administration and Records Building on June 8, 2011 to the Star Ledger, the Daily Record and the Record, through posting on the County website and by filing a copy of same with the Morris County Clerk and this Clerk of this Board. ROLL CALL PRESENT: Freeholders Gene Feyl, Ann Grossi, Thomas Mastrangelo, Margaret Nordstrom and Acting Director John Murphy Freeholder Cabana and Director William Chegwidden County Administrator John Bonanni, Assistant County Administrator Mary Jo Buchanan, County Counsel Dan O’Mullan. Assistant County Counsel Randy Bush, and Clerk of the Board Diane M. Ketchum

(5) (2)

ABSENT: ALSO PRESENT:

PRAYER AND FLAG SALUTE County Counsel Dan O’Mullan opened the meeting with a prayer and a salute to the flag. -RESOLUTION OF APPRECIATION Borough of Mendham Mayor and Council -MINUTES FOR APPROVAL All September 14, 2011 Minutes of the Board of Chosen Freeholders On motion by Freeholder Nordstrom and seconded by Freeholder Feyl the meeting minutes were approved. -COMMUNICATIONS 1. The Dover Renaissance Five Kilometer Run group is asking permission to close a portion of Blackwell Street and South Salem Street in Dover and Rockaway Township from 8:30 a.m. to 9:45 a.m. on Saturday, December 3 for the 19th Annual Dover Renaissance 5K Run. The New Jersey Center for Tourette Syndrome and Associated Disorders is asking permission to hang a banner across Route 24/510 in Mendham Township from October 24 to November 4 to publicize an upcoming fundraiser “New Jersey Walks to Tourette Syndrome.” Request from Road Inspection Supervisor for the following road opening permit: 3. 11-17 - Public Service Electric and Gas to open Park Avenue in Florham Park to relocate a gas main.

2.

On motion by Freeholder Nordstrom and seconded by Freeholder Grossi, the requests were approved. -ORDINANCES FIRST READING/INTRODUCTION (1) Acting Director Murphy stated: by title an ordinance.” “We will now consider the introduction

474

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
Freeholder Nordstrom stated: “I would like to introduce by title an ordinance entitled, ‘BOND ORDINANCE OF THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $2,000,000 AND AUTHORIZING THE ISSUANCE OF $1,900,000 BONDS OR NOTES OF THE COUNTY FOR VARIOUS BRIDGE, ROAD AND FACILITY IMPROVEMENTS RELATING TO HURRICANE IRENE, BY AND FOR THE COUNTY OF MORRIS, NEW JERSEY.’” Freeholder Feyl stated: “I second the motion.”

The Clerk called and recorded the following vote: YES: Freeholders Feyl, Grossi, Mastrangelo, Nordstrom and Acting Director Murphy Freeholder Cabana and Director Chegwidden

(5) (2)

ABSENT:

Freeholder Nordstrom moved that the Clerk be authorized to publish the Ordinance in summary form in the local newspaper together with the notice of public hearing and consideration of final passage of this Ordinance which will take place at the Freeholder meeting to be held in the Administration and Records Building, Fifth Floor, Court Street, Morristown, New Jersey, on October 12 at 7:30 p.m. Freeholder Feyl stated: YES votes. (2) Acting Director Murphy stated: by title an ordinance.” “We will now consider the introduction “I second the motion,” which passed with five --

Freeholder Nordstrom stated: “I would like to introduce by title an ordinance entitled, ‘GUARANTY ORDINANCE SECURING THE MORRIS COUNTY IMPROVEMENT AUTHORITY’S COUNTY OF MORRIS GUARANTEED LOAN REVENUE REFUNDING BONDS, SERIES 2011 (POOLED ERI UNFUNDED LIABILITY PROJECT) [Federally Taxable] AND NOTES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $7,000,000.’” Freeholder Feyl stated: “I second the motion.”

The Clerk called and recorded the following vote: YES: Freeholders Feyl, Grossi, Mastrangelo, Nordstrom and Acting Director Murphy Freeholder Cabana and Director Chegwidden

(5) (2)

ABSENT:

Freeholder Nordstrom moved that the Clerk be authorized to publish the Ordinance in summary form in the local newspaper together with the notice of public hearing and consideration of final passage of this Ordinance which will take place at the Freeholder meeting to be held in the Administration and Records Building, Fifth Floor, Court Street, Morristown, New Jersey, on October 12 at 7:30 p.m. Freeholder Feyl stated: YES votes. “I second the motion,” which passed with five -PUBLIC PORTION Liz Sutula, Wharton resident and employee of complimented the Morris View Healthcare Center for are providing her mother. Ms. Sutula also thanked for taking care of the Morris View patients during pleased with the cooperative spirit of the county. County of Morris employee. -RESOLUTIONS Freeholder Feyl presented the following resolutions: (1) RESOLVED that the Director is hereby authorized to execute and the Clerk shall attest and affix the seal to the Postponement of Liens in the the County of Morris, the excellent care they Frank Pinto and his family Hurricane Irene and is She is proud to be a

475

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
matter of the following client(s), and Clerk shall deliver the same to Community Development. Semoy E Freeman -(2) RESOLVED, that the Director is hereby authorized to execute and the Clerk shall certify, attest and affix the seal to the Cancellation of Mortgage in the matter of the following client and the Clerk shall deliver the same to Community Development. Charles Diaz -(3) RESOLVED that the Director is hereby authorized to execute and the Clerk shall attest and affix the seal to the Release of Receipt of Grant and Lien in the matter of the client(s), and the Clerk shall deliver the same to Community Development. Mary L Finnegan Eleanor Arline Healion Helen Yansa -(4) BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris in the State of New Jersey as follows: 1. That the County of Morris hereby awards a grant of $10,080 from the FY 2011 Open Space and Farmland Preservation Trust Fund to Butler Borough for a project entitled Butler Railroad Station. That the Director of the Board of Chosen Freeholders is hereby authorized to sign and execute an agreement to expire on September 25, 2013 for the aforesaid grant, and the Clerk to attest to the same, a copy of which is on file in the office of the Department of Planning & Development and made a part hereof by reference. That the Treasurer issue a Certificate of Availability of Funds indicating that funds are available from the Morris County Dedicated Open Space Account #13-290-56-580-552-888 and process payment to the grantee as directed by the office of the Department of Planning & Development, all in accordance with this resolution. -(5) BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris in the State of New Jersey as follows: 1. That the County of Morris hereby awards a grant of $16,000 from the FY 2011 Open Space and Farmland Preservation Trust Fund to St. Peter's Episcopal Church for a project entitled St. Peter's Episcopal Church. That the Director of the Board of Chosen Freeholders is hereby authorized to sign and execute an agreement to expire on September 25, 2013 for the aforesaid grant, and the Clerk to attest to the same, a copy of which is on file in the office of the Department of Planning & Development and made a part hereof by reference. That the Treasurer issue a Certificate of Availability of Funds indicating that funds are available from the Morris County Dedicated Open Space Account #13-290-56-580-552-888 and process payment to the grantee as directed by the office of the Department of Planning & Development, all in accordance with this resolution. -(6) WHEREAS, the County is eligible to receive Federal funds available through the Department of Housing and Urban Development; and, WHEREAS, the 2011 awards that the county has been designated to receive from the Department of Housing and Urban Development include:

2.

3.

2.

3.

476

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
$2,048,896 in Community Development Block Grant program funds $ 99,417 in Emergency Shelter Grant program funds $1,030,692 in HOME Investment Partnerships program funds, and, WHEREAS, the U.S. Department of Housing and Urban Development requires grant agreements and certifications to be executed prior to the release of funds; NOW THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris, in the State of New Jersey, being the governing body thereof, as follows: 1. The action of the Freeholder Director of the County of Morris and such other appropriate and responsible officials in authorizing and executing the above grant agreements is hereby approved, ratified and confirmed The Director of the Board of Chosen Freeholders and such other responsible and appropriate officials are hereby authorized to execute such additional certifications relative to the above as may be required under the Rules and Regulations of the U.S. Department of Housing and Urban Development. The Director of Finance and County Treasurer is hereby authorized to accept the above funds, crediting the appropriate accounts and issue appropriate Certificates of Availability of Funds per this resolution. -(7) BE IT RESOLVED, that the action of the Department of Law & Public Safety in submitting a grant application to the National Association of County and City Health Officials (NACCHO) for a 2011–2012 MRC Capacity Building Award of $5,000.00 in support of Medical Reserve Corps volunteers, is hereby approved, ratified and confirmed. BE IT FURTHER RESOLVED, that the Director of Finance and County Treasurer is hereby authorized to accept the aforesaid funds, crediting the appropriate account. -(8) WHEREAS, on December 8, 1999, the County of Morris entered into a Professional Services Agreement with Parsons Transportation Group dba Parsons for $284,467.00 for the period January 3, 2000 through April 4, 2001, for engineering services regarding a scoping study to replace County Bridge #1400-073, the Landing Road Bridge in Roxbury Township; and, WHEREAS, on July 12, 2006, the aforesaid agreement was modified by increasing the amount of the agreement by $18,652.65 to $303,119.65 and extending the term of the agreement to November 30, 2006; and, WHEREAS, it has again become necessary to increase the dollar amount of the aforesaid agreement by $93,948.15 to a new contract maximum of $397,067.80, and to extend the term of the agreement to June 30, 2012; and, WHEREAS, Parsons Transportation Group dba Parsons has agreed to perform the aforesaid services; and, WHEREAS, the Local Public Contracts Law [N.J.S.A. 40A: 11-5(1)(a)(i)] requires that the resolution authorizing the award of contract for “Professional Services” without competitive bidding, and the contract itself, must be available for public inspection; 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 amendment to the agreement between the County of Morris and Parsons Transportation Group dba Parsons, 100 Broadway, New York, New York 10005, increasing the amount and extending the term as set forth above, a copy of which is on file in the Office of the County Purchasing Agent and made a part hereof by reference, is hereby approved and entered into by this Board. The Director of the Board of Chosen Freeholders is hereby authorized to sign and execute this amendment.

2.

3.

2.

477

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
3. The Treasurer is hereby authorized to issue an amended Certificate of Availability of Funds #20001401, increasing the C.A.F. by the aforesaid amount and extending the term of the C.A.F. as above, charging account #04-216-55-953225-909 for the increase. An official notice of this action shall be published in accordance with the law. -(9) WHEREAS, the Board of Chosen Freeholders of the County of Morris in the State of New Jersey has authorized the Municipal Alliance funding allocation from the Governor’s Council on Alcoholism and Drug Abuse to provide prevention and education services on alcohol and drug abuse by the 29 Municipal Alliance Committees representing 34 municipalities; and, WHEREAS, a Request for Proposal Application for these funds has been announced and distributed by the Morris County Department of Human Services; and, WHEREAS, the following Municipal Alliance Committees in the County of Morris have been recommended by the Mental Health/Substance Abuse Advisory Board for these funds: Municipality Boonton, Town of Boonton, Township of Butler Borough Chatham, Borough/Township Chester, Borough/Township Denville, Township of Dover/Victory Gardens East Hanover, Township of Hanover, Township of Harding, Township of Jefferson, Township of Kinnelon, Borough of Lincoln Park, Borough of Long Hill, Township of Madison, Borough of Mendham, Borough/Township Montville, Township of Morris Plains, Borough of Morristown/Morris Township Mount Olive, Township of Netcong, Borough of Parsippany/Troy Hills Pequannock, Township of Randolph, Township of Rockaway, Borough of Rockaway, Township of Roxbury, Township of Washington, Township of Wharton, Borough of Countywide Training by DHS Total Funding Amount $ 11,535 7,533 9,057 17,942 14,324 13,062 28,161 10,878 11,172 6,746 15,587 9,292 11,064 8,519 11,774 14,764 14,800 10,868 44,079 17,728 8,573 28,901 12,182 18,005 11,955 17,777 16,931 13,103 11,896 38,120 $466,328

4.

NOW, THEREFORE BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris in the State of New Jersey that the aforesaid recommendations are endorsed for review and approval by the Governor’s Council on Alcoholism and Drug Abuse. -(10) WHEREAS, the County is eligible to receive Federal funds available through the Department of Housing and Urban Development; and, WHEREAS, the county has been designated to receive from the Department of Housing and Urban Development include: $88,560 in Shelter Plus Care program funds, and, WHEREAS, the U.S. Department of Housing and Urban Development requires grant agreements to be executed prior to the release of funds;

478

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
NOW THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris, in the State of New Jersey, being the governing body thereof, as follows: 1. The Freeholder Director of the County of Morris and such other appropriate and responsible officials are hereby authorized and directed to execute on behalf of the County of Morris such grant agreement as may be required under the Rules and Regulations of the U.S. Department of Housing and Urban Development. The Director of Finance and County Treasurer is hereby authorized to accept the above funds, crediting the appropriate accounts and issue appropriate Certificates of Availability of Funds per this resolution. -(11) WHEREAS, on August 25th, 2010 by Resolution #39 a contract for Boiler Services for Various County Buildings, for Buildings & Grounds was awarded to the lowest responsible bidder, Manhattan Welding Inc. and, WHEREAS, the specifications provided an option for renewal for one year and, WHEREAS, it is in the best interest of the County to exercise said option, now therefore, BE IT RESOLVED that said contract with, Manhattan Welding Inc. be renewed as follows: Manhattan Welding Inc. 1434 Chestnut Avenue Hillside NJ 07205 Term: September 1st, 2011 thru August 31st, 2012 Budget: 01-201-26-310100-264 Amount: $30,000.00 Dept: Buildings & Grounds 1. The Treasurer is hereby authorized to issue a Certificate of Availability of Funds charging the appropriate department account for amounts reflecting all liabilities to be incurred through March 31, 2012, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2). Upon final adoption of the budget, a Certificate of Availability of Funds shall be issued for the remaining balance subject to the appropriation of sufficient funds. The Purchasing Agent is hereby authorized to execute said contract as prepared by County Counsel. This resolution shall take effect immediately. -(12) WHEREAS, on November 10th, 2010 by Resolution #24 a contract for Ultra Low Sulfur Diesel , for Motor Service Center was awarded to the lowest responsible bidder, National Fuel Oil Inc. and, WHEREAS, the specifications provided an option for renewal for one year and, WHEREAS, it is in the best interest of the County to exercise said option, now therefore, BE IT RESOLVED that said contract with, National Fuel Oil Inc. be renewed as follows: National Fuel Oil, Inc. 175 Orange Street Newark NJ 07103 Term: January 1st, 2012 thru December 31st, 2012 Budget: 01-201-31-430100-136 Amount: $477,080.00 Dept: Motor Service Center 1. The Treasurer is hereby authorized to issue a Certificate of Availability of Funds charging the appropriate department account for

2.

2.

3.

479

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
amounts reflecting all liabilities to be incurred through March 31, 2012, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2). Upon final adoption of the budget, a Certificate of Availability of Funds shall be issued for the remaining balance subject to the appropriation of sufficient funds. 2. The Purchasing Agent is hereby authorized to execute said contract as prepared by County Counsel. This resolution shall take effect immediately. -(13) With respect to recent bidding for Plumbing Supplies for Buildings & Grounds, a contract is hereby awarded to the lowest responsible bidder as follows: Interline Brands Inc. 701 San Marco Blvd. Jacksonville FL 32207 Term: October 1st, 2011 thru September 30th, 2012 Amount: $50,000.00 Dept: Buildings & Grounds Split Budget Line Item: 01-201-26-310100-235 1. The Treasurer is hereby authorized to issue a Certificate of Availability of Funds charging the appropriate department account for amounts reflecting all liabilities to be incurred through March 31, 2012, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2). Upon final adoption of the budget, a Certificate of Availability of Funds shall be issued for the remaining balance subject to the appropriation of sufficient funds. 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. This resolution shall take effect immediately. -(14) WHEREAS, a payment was made to NewBridge Services, Inc, and needs to be reclassified; NOW, THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris in the State of New Jersey authorizes the County Treasurer to reclassify the following payment accordingly: Vender NewBridge Services, Inc. From 01-201-41-759000-063 Vender NewBridge Services, Inc. From 01-201-27-342000-483 Check # 334910 Date 05/11/11 Amount $2,419.00

3.

2.

3.

4.

To 01-201-27-342000-483 Check # 339254 Date 08/24/11 Amount $1,111.00

To 01-201-41-759000-063

BE IT FURTHER RESOLVED, that Resolution #22, adopted at the Freeholder Meeting of August 24, 2011 is hereby rescinded. -(15) WHEREAS, the Federal Transit Administration in conjunction with the Veterans Administration, has announced funding through the 5309 Bus and Bus Facilities grant to support the Veterans Transportation and Community Living Initiative; and, WHEREAS, the purpose of the Veterans Transportation Community Living Initiative is to finance capital costs needed to implement expand or increase access to local One-Call/One-Click Transportation Resource Centers; and,

480

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
WHEREAS, the Morris County Board of Chosen Freeholders has submitted the 2008 Human Services Transportation Coordination Plan to NJ Transit, highlighting transportation coordination goals which includes the long term goal; NOW, THEREFORE, BE IT RESOLVED BY Morris County Board of Chosen Freeholders: 1. The action of the Department of Human Services in submitting the Veterans Transportation and Community Living Initiative grant application to the Federal Transit Administration for a grant of $543,000.00 with a local match of $135,750.00, is hereby approved, ratified and confirmed. That the action of Theresa A. Davis, Director, Morris County Division on Aging, Disabilities and Veterans’ in submitting the application electronically as specified in the Notice of Funding Availability, is approved, ratified and confirmed and she is authorized to execute the necessary contractual agreements on behalf of the County of Morris. That the Director of Finance and County Treasurer is hereby authorized to accept the aforesaid funds, crediting the appropriate account. -(16) With respect to recent bidding for the provision of Laundry Services at the Morris County Healthcare Facility in Morris County, New Jersey, a contract is hereby awarded to the sole responsible bidder as follows: Sodexo Operations, LLC 9801 Washingtonian Boulevard, Suite 434 Gaithersburg, MD 20878 Term: Two Years; January 1, 2012 through December 31, 2013 Total cost year 1 & 2: $2,460,000.00 (not to exceed) Account #: 01-201-27-350125-036 Dept: Morris View Healthcare Center 1. The Treasurer is hereby authorized to issue a Certificate of Availability of Funds charging the appropriate account for amounts reflecting all liabilities to be incurred through March 31, 2012 and 2013, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2). Upon final adoption of the budget, a Certificate of Availability of Funds shall be issued for the remaining balance subject to the appropriation of sufficient funds. The Purchasing Agent is hereby authorized to execute said contract as prepared by County Counsel. 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-20.4 et seq -(17) WHEREAS, the County is cooperating with the New Jersey Department of Transportation Planning Assistance Unit to perform a traffic corridor study for East Hanover Avenue between Speedwell Avenue and Route 24 in the Borough of Morris Plains and the Township of Hanover and Morris Township. WHEREAS, the cost of this study is being bourne by the NJDOT at no cost to the County, or Municipalities. WHEREAS, the final report will detail existing & future roadway conditions due to local development and growth. Locations and extent of improvements will be investigated. WHEREAS, the New Jersey Department of Transportation has asked for a resolution of support for the project. NOW THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders supports the East Hanover Avenue Corridor Study. --

2.

3.

2.

3.

4. 5.

481

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
(18) RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN NJDOT AND THE COUNTY OF MORRIS FOR THE CONSTRUCTION OF BRIDGE NO. 1401-202 ON MIDDLE VALLEY ROAD OVER THE SOUTH BRANCH OF THE RARITAN RIVER IN THE TOWNSHIP OF WASHINGTON WHEREAS, Federal Funds are available for Local-Lead Transportation Improvement Program Projects; and WHEREAS, the New Jersey Department of Transportation has prepared a Cost Reimbursement Agreement, No. 2011-DT-BLA1-11, for a total amount of Two Million Three Hundred Thirty Two Thousand Three Hundred Thirty Dollars ($2,332,330.00); and WHEREAS, the County of Morris has reviewed Agreement No. 2011-DT-BLA111 and accepts the terms and conditions of the Agreement; NOW, THEREFORE BE IT RESOLVED that the Board of Chosen Freeholders of the County of Morris in the State of New Jersey does hereby authorize the Director and the Clerk of the Board to execute Agreement No. 2011-DT-BLA1-11 with the New Jersey Department of Transportation. -(19) WHEREAS, on December 8th, 2010 by Resolution #28 a contract for Rock Salt, for Morris County Road was awarded to the lowest responsible bidder, International Salt Co., LLC and, WHEREAS, the specifications provided an option for renewal for one year and, WHEREAS, it is in the best interest of the County to exercise said option, now therefore, BE IT RESOLVED that said contract with, International Salt Co., LLC be renewed as follows: International Salt Co., LLC 655 Northern Blvd. Clarks Summit PA 18411 Term: January 1st, 2012 thru December 31st, 2012 Budget: 01-201-26-290100-242 Amount: $999,189.00 Dept: Road Department 1. The Treasurer is hereby authorized to issue a Certificate of Availability of Funds charging the appropriate department account for amounts reflecting all liabilities to be incurred through March 31, 2012, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2). Upon final adoption of the budget, a Certificate of Availability of Funds shall be issued for the remaining balance subject to the appropriation of sufficient funds. The Purchasing Agent is hereby authorized to execute said contract as prepared by County Counsel. This resolution shall take effect immediately. -(20) With respect to recent bidding for Labor Rates for Painting and Related Work for Morris County Facilities, a contract is hereby awarded to the lowest responsible bidder as follows: Anthony’s Custom Painting 145 S 13th Avenue Manville NJ 08835 Term: October 1st, 2011 thru September 30th, 2012 Amount: $25,000.00 Dept: Buildings & Grounds Split Budget Line Item: 01-201-26-310100-234 $10,000.00 01-201-26-310100-084 $15,000.00 1. The Treasurer is hereby authorized to issue a Certificate of Availability of Funds charging the appropriate department account for

2.

3.

482

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
amounts reflecting all liabilities to be incurred through March 31, 2012, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2). Upon final adoption of the budget, a Certificate of Availability of Funds shall be issued for the remaining balance subject to the appropriation of sufficient funds. 2. The Treasurer is hereby authorized to issue a Certificate of Availability of Funds The Purchasing Agent is hereby authorized to execute said contract as prepared by County Counsel. This resolution shall take effect immediately. -(21) BE IT RESOLVED as follows: 1. The County of Morris wishes to purchase goods and services from the following authorized vendors under the State of New Jersey Cooperative Purchasing Program 1-NJCP, in accordance with Local Public Contract Laws, N.J.S.A 40A:11-11 and N.J.S.A40A: 11-12. Stempler Drapery & Carpet 500 Hillside Avenue Hillside NJ 07205 NJSC#A67367 NETQ P O Box 1092 Jackson NJ 08527 NJSC#A42299 Consolidated Steel 316 North 12th Street Kenilworth NJ 07033 NJSC#A74881 Goodyear Auto Service 740 RT 46 Parsippany NJ 07054 NJSC#A71688 State of NJ P O Box 234 Trenton NJ 08625 T0038 Allstate Office Interior 3836 Quakerbridge Rd Hamilton NJ 08619 NJSC#A65752 Tilcon New York Inc. P O Box 517 Wharton NJ 07885 Co-op#5 Kyocera /Mita America Inc. Electronic Systems Inc. Fairfield NJ 07004-0008 NJSC#a53090 Schindler Elevator Corp 20 Whippany Road Morristown NJ 07960 Leading Age Penn-Jersey Paper 232 Solomone Avenue W Paterson NJ 07424 NJHA Allied Oil 25 Old Camplain Rd Morris View Healthcare 01-201-27-350110-038 Amount: $14,744.16

3.

4.

Buildings & Grounds 04-216-55-953226-951 Amount:$ 5,533.00

Buildings & Grounds 04-215-55-953052-951 Amount: $16,591.00

Motor Service Center 01-201-26-315100-245 Amount: $2,976.38

Morris View Healthcare 01-201-27-350115-185 Amount: $3,950.78

Buildings & Grounds 04-216-55-953241-951 Amount: $7,029.50

Road Division 01-201-26-290100-222 Amount: $2,547.81

Morris View Healthcare 01-201-27-350100-164 Amount: $5,157.46

Morris View Healthcare 01-201-27-350110-044 Amount: $2,150.00

Morris View Healthcare 01-201-27-350110-252 Amount: $7,196.70

County of Morris Split Accounts;

483

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
Hillsborough NJ 08844 NJSC#A67103 01-201-31-430100-140 $69,787.30 01-201-22-201100-140 $ 1,478.15 01-201-26-290100-140 $ 8,164.64 01-201-27-350100-140 $ 1,219.23 01-201-41-716100-140 $ 5,271.56 02-213-41-786105-392 $13,388.34 02-213-41-742005-391 $ 168.21 -(22) WHEREAS, there exists a need for the provision of Social Work Services for the residents of the Morris View Healthcare Facility, located at 540 West Hanover Avenue, Morris Plains, New Jersey; and WHEREAS, the contract was awarded as a “Professional Service” in accordance with N.J.S.A. 40A:11-5(1)(a)(i) et seq. through a fair and open process, pursuant to N.J.S.A. 19:44A-20.4 et seq.; NOW THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of the County of Morris in the State of New Jersey as follows: 1. An agreement between the County of Morris and Family Service of Morris County 62 Elm Street Morristown, NJ 07960 Amount: $521,000 (not to exceed) Account #: 01-201-27-350100-036 Term: Two Years; September 1, 2011 through August 31, 2013 for the aforesaid services, a copy of which is on file at the Morris County Purchasing Division and is made a part hereof by reference, is hereby approved and shall be entered into by this Board. 2. The Director of the Board of Chosen Freeholders is hereby authorized to execute said agreement conditioned upon the contractor’s compliance with the requirements set forth in paragraph 6 below. The Treasurer is hereby authorized to issue a Certificate of Availability of Funds charging the appropriate account for amounts reflecting all liabilities to be incurred through March 31, 2012 and 2013, in accordance with N.J.R. 3644, 5:34-5.3 (a) (2). Upon final adoption of the budget, a Certificate of Availability of Funds shall be issued for the remaining balance subject to the appropriation of sufficient funds. A notice of this action will be published in accordance with the law. This contract is awarded pursuant to a fair and open process in compliance with N.J.S.A. 19:44A-20.4, et seq. -(23) BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris, in the State of New Jersey, that the Director of the Board of Chosen Freeholders is hereby authorized to sign and execute Modification #4 to Subgrant Agreement #STASHUT-10M-JARC, on behalf of the Morris/Sussex/Warren Employment & Training Services with State Shuttle, Inc., extending the end date of the contract to September 1, 2011 and increasing the contract by $2,320.79, from $349,170.34 to a new total of $351,491.13. BE IT FURTHER RESOLVED, that the Director of Finance and County Treasurer is hereby authorized to issue an amended CAF # 4418, extending it to September 1, 2011 and charging the following accounts for the $2,320.79 increase: $1,856.63 to 02-213-41-741015-392 and $464.16 to 02-213-41-741020392, respectively. -(24) BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris in the State of New Jersey as follows: Amount: $99,477.43

3.

4.

5. 6.

484

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
1. That the Director of the Board of Chosen Freeholders is hereby authorized to sign and execute Subgrant Agreement #STASHUT-12M-JARC on behalf of the Morris/Sussex/Warren Employment & Training Services with State Shuttle Inc., in the amount of $ 181,355.21 for the period 9/2/11 to 8/31/12. The Treasurer is hereby authorized to issue a Certificate of Availability of Funds by charging Employment & Training Services Account No. 02-213-41-792210-391 the amount of $50,000.00, Account No. 02-213-41-792310-391 the amount of $50,000.00, Account No. 02-21341-751205-392 the amount of $33,676.00, Account No. 02-213-41-741015392 the amount of $38,143.37 and Account No. 02-213-41-741020-392 the amount of $9,535.84. The award of this agreement is contingent upon the availability of funds and their inclusion in the 2011 Morris County Budget. -(25) WHEREAS, there exists a need for Engineering Design and Construction Administration for the renovation of seven (7) existing Nursing Unit tub/shower suites at the Morris View Healthcare Facility, located at 540 West Hanover Avenue, Morris Plains, New Jersey; and WHEREAS, the contract was awarded as a “Professional Service” in accordance with N.J.S.A. 40A:11-5(1)(a)(i) et seq. through a fair and open process, pursuant to N.J.S.A. 19:44A-20.4 et seq.; NOW THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of the County of Morris in the State of New Jersey as follows: 1. An agreement between the County of Morris and The RBA Group 7 Campus Drive, Suite 300 Parsippany, New Jersey 07054 Amount: $24,383.24 (not to exceed) Term: One Hundred Eighty (180) calendar days after award of contract Account #: 04-216-55-955244-909 for the aforesaid services, a copy of which is on file at the Morris County Purchasing Division and is made a part hereof by reference, is hereby approved and shall be entered into by this Board. 2. The Director of the Board of Chosen Freeholders is hereby authorized to execute said agreement conditioned upon the contractor’s compliance with the requirements set forth in paragraph 5 below. The Treasurer is hereby authorized to issue a Certificate of Availability of Funds in accordance with the aforesaid agreement. A notice of this action will be published in accordance with the law. This contract is awarded pursuant to a fair and open process in compliance with N.J.S.A. 19:44A-20.4, et seq. -(26) In accordance with the authorization to pay per Chapter 127 P.L. 1985, the following checks have been issued by the County Treasurer:
DATE 09/02/11 CHECK NO. 339447 PAYEE Lisa Ruck ACCOUNT Centralized Disbursement Centralized Disbursement $ AMOUNT 224.00

2.

3.

3.

4. 5.

09/02/11

339448

Morristown Memorial Hospital

$33,048.10

THEREFORE, BE IT RESOLVED, that the above payments be confirmed. -(27) WHEREAS, the following Grant Fund budget appropriations have been reduced: 741015 WFNJ/TANF $ 2,032.00

485

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
741020 741050 WFNJ/General Assistance WFNJ/Career Advancement Voucher 34,752.00 281.00

WHEREAS, it is necessary to formally cancel said balances, AND WHEREAS, it may be necessary to refund any excess funds received from the Grant Agency if Morris County received funding in excess of 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 funds received be returned to the appropriate Grant Agency. -(28) RESOLUTION PROVIDING FOR THE INSERTION OF ANY SPECIAL ITEM OF REVENUE IN THE BUDGET OF ANY COUNTY OR MUNICIPALITY PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948) WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item 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 Labor Appropriation Title: Work First New Jersey Local Match - Source: Amount: Amount: Amount: $358,624.00 $358,624.00 $__________

BE IT FURTHER RESOLVED, that pursuant to N.J.S.A 40A:4-87 this resolution has been duly adopted by the governing body of the County of Morris and that one (1) certified copy of this resolution be forwarded to the Division of Local Government Services. -(29) RESOLUTION PROVIDING FOR THE INSERTION OF ANY SPECIAL ITEM OF REVENUE IN THE BUDGET OF ANY COUNTY OR MUNICIPALITY PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948) WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget, and WHEREAS, said Director may also approve the insertion of an item of appropriation for equal amount, WHEREAS, the Treasurer certifies that the County of Morris has realized 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 Human Services Appropriation Title: Reach Program Local Match - Source: Amount: $343,638.00 Amount: $343,638.00 Amount: $__________

486

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
BE IT FURTHER RESOLVED, that pursuant to N.J.S.A 40A:4-87 this resolution has been duly adopted by the governing body of the County of Morris and that one (1) certified copy of this resolution be forwarded to the Division of Local Government Services. -(30) In accordance with resolution #73 approved at the January 05, 2011 Reorganization Meeting, the following emergency checks have been issued by the Morris County Division of Temporary Assistance for the month of August 2011.
DATE 08/02/2011 08/02/2011 08/02/2011 08/02/2011 08/02/2011 08/03/2011 08/09/2011 08/09/2011 08/09/2011 08/09/2011 08/09/2011 08/10/2011 08/15/2011 08/15/2011 08/15/2011 08/15/2011 08/24/2011 08/25/2011 08/25/2011 08/29/2011 08/29/2011 08/29/2011 08/29/2011 08/29/2011 08/29/2011 08/29/2011 08/29/2011 08/29/2011 08/29/2011 08/29/2011 CHECK NO. 25214 25215 25216 25217 25218 25219 25220 25221 25222 25223 25224 25225 25226 25227 25228 25229 25230 25231 25232 25233 25234 25235 25236 25237 25238 25239 25240 25241 25242 25243 PAYEE JCP & L JCP & L New Jersey Natural Gas New Jersey Natural Gas Washington Township Pitney Bowes Alice Zampella Parsippany Inn Roger Gupta Netcong Heights Pernwil Associates Pitney Bowes JCP & L JCP & L M & M Fuel Sarita Gupta Poatmaster Eagle Rock Village Segal Realty Association Bisce Realty JCP & L JCP & L JCP & L JCP & L JCP & L JCP & L K & A Associates NR & R Realty LLC Parsippany Inn Skytop Motel ACCOUNT TO BE CHARGED 02-213-41-734220-391 01-201-27-345100-339 02-213-41-734220-391 02-213-41-734220-391 02-213-41-734220-391 01-201-27-345100-068 01-201-27-345100-339 01-201-27-345100-339 01-201-27-345100-339 01-201-27-345100-339 01-201-27-345100-368 01-201-27-345100-068 02-213-41-734220-391 01-201-27-345100-339 01-201-27-345100-339 02-213-41-734220-391 01-201-27-345100-368 01-201-27-345100-068 02-213-41-734220-391 01-201-27-345100-339 02-213-41-734220-391 02-213-41-734220-391 02-213-41-734220-391 02-213-41-734220-391 02-213-41-734220-391 01-201-27-345100-339 01-201-27-345100-339 02-213-41-734220-391 02-213-41-734220-391 01-201-27-345100-339 01-201-27-345100-365 01-201-27-345100-365 TOTAL AMOUNT 350.00 188.00 350.00 373.45 350.00 3,000.00 560.00 200.00 900.00 1,500.50 1,000.00 5,000.00 350.00 357.89 546.00 900.00 300.00 800.00 1,212.50 1,000.00 2,437.50 350.00 288.94 350.00 218.06 474.07 123.60 1,065.00 959.00 150.00 30.00 50.00 25,734.51

THEREFORE, BE IT RESOLVED, that the above payments be confirmed. -(31) BE IT RESOLVED as follows: 1. The County of Morris wishes to purchase goods and services from the following authorized vendors under the State of New Jersey Cooperative Purchasing Program 1-NJCP, in accordance with Local Public Contract Laws, N.J.S.A 40A:11-11 and N.J.S.A40A: 11-12. SHI 33 Knightsbridge Road Piscataway NJ 08854 NJSC#A77560 04-216-55-954252-888 $ 125,000.00 01-201-25-270100-161 $ 450.00 2. The Treasurer is hereby Availability of Funds. authorized Sheriff’s Office Split Account: Amount: $125,450.00

to

issue

a

Certificate

of

--

487

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
(32) In accordance with resolution #73 approved at the January 05, 2011 Reorganization Meeting, the following revolving fund checks have been issued by the Morris County Division of Temporary Assistance for the month of August 2011. DATE 08/15/2011 08/17/2011 08/26/2011 08/29/2011 CHECK NO. 10228 10229 10230 10231 PAYEE Hassan Elrada Furniture House Void Check Sean Vezina TOTAL AMOUNT 1,487.50 585.00 0.00 315.36 2,387.86

THEREFORE, BE IT RESOLVED, that the above payments be confirmed. -(33) WHEREAS, the local capital budget for the year 2011 was adopted on the 23rd day of March; and WHEREAS, it is desired to amend said adopted capital budget section. NOW, THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Morris that the following amendment(s) to the adopted capital budget section be made: (Body of Capital Budget Amendment is on file in the Treasurer’s Office. Amendment(s) is for Hurricane Irene Storm Ordinance Bridge, Road and Facility Improvements.) BE IT FURTHER RESOLVED that this complete amendment, in accordance with the provisions of NJAC 5:30-4.4(e) be published in the Daily Record in the issue of October 3, 2011. BE IT FURTHER RESOLVED that two certified copies of this resolution be filed forthwith in the Office of the Director of Local Government Services. -(34) RESOLUTION PROVIDING FOR THE INSERTION OF ANY SPECIAL ITEM OF REVENUE IN THE BUDGET OF ANY COUNTY OR MUNICIPALITY PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948) WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall 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 Transportation Appropriation Title: JARC Grant Local Match - Source: Amount: $50,000.00 Amount: $50,000.00 Amount: $_________

BE IT FURTHER RESOLVED, that pursuant to N.J.S.A 40A:4-87 this resolution has been duly adopted by the governing body of the County of Morris and that one (1) certified copy of this resolution be forwarded to the Division of Local Government Services. --

488

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
(35) WHEREAS, that R & R Construction Co., 105B Parker Road, Chester, NJ will be installing a water main and sanitary sewer across Littleton Road both utilities connect to existing utilities located on the opposite side of Littleton Road from the development located between Briarcliff Road and Lealand Road. WHEREAS, to accomplish this work safely and efficiently a portion of Littleton Road from Briarcliff Road and Lealand Road in the Town of Morris Plains will be closed from 9:00 a.m., Tuesday 9/27/2011 through 4:00 p.m., Wednesday 9/28/2011. WHEREAS, an acceptable traffic detour has been approved by the Borough of Morris Plains Police Department for the closure of Littleton Road. The traffic will be detoured around the work area via Briarcliff Road, Greenwood Road and Lealand Road; regarding the detour three police officers will be stationed throughout the detour to assist with traffic control. Access for resident and emergency vehicles will be maintained at all times. NOW THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of the County of Morris in the State of New Jersey that a portion of Littleton Road from Briarcliff Road and Lealand Road in the Town of Morris Plains will be closed from 9:00 a.m. Tuesday 9/27/2011 through 4:00 p.m. Wednesday 9/28/2011 to all traffic, except for one lane for emergency vehicles (police, fire, ambulances, and local residents) in the Borough of Morris Plains is hereby approved. This resolution shall become effective immediately and a copy shall be forwarded to the Borough of Morris Plains Police Department. Also a copy shall be submitted to the Borough of Morris Plains Engineering Department. -(36) RESOLUTION OF THE COUNTY OF MORRIS, NEW JERSEY AUTHORIZING THE EXECUTION AND DELIVERY OF A REFUNDING AGREEMENT AND CERTAIN OTHER ACTIONS TO BE TAKEN ALL IN CONNECTION WITH THE AUTHORITY’S COUNTY OF MORRIS GUARANTEED LOAN REVENUE REFUNDING BONDS, SERIES 2011 (POOLED ERI UNFUNDED LIABILITY PROJECT) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $7,000,000 AND THE PROJECT FINANCED THEREBY WHEREAS, The Morris County Improvement Authority (including any successors and assigns, the “Authority”) has been duly created by resolution no. 42 entitled “Resolution of the Board of Chosen Freeholders of Morris County, New Jersey creating the Morris County Improvement Authority” duly adopted by the Board of Chosen Freeholders (the “Board of Freeholders”) of the County of Morris (the “County”) in the State of New Jersey (the “State”) on April 10, 2002 as a public body corporate and politic of the State pursuant to and in accordance with the county improvement authorities law, constituting Chapter 183 of the Pamphlet Laws of 1960 of the State, and the acts amendatory thereof and supplemental thereto (the “Act”) and other applicable law; WHEREAS, on July 12, 2002, P.L. 2002, c. 42 (the “ERI Refunding Law”) became the law of the State, by its terms authorizing municipalities, counties, school districts and certain other local governmental units (“Local Units”) to issue refunding bonds (the “Local Unit Refunding Bonds”) for the purpose of retiring the present value of their unfunded liability (the “Unfunded ERI Liability”) for early retirement incentive benefits previously granted by the State to the Local Units pursuant to prior State law; WHEREAS, in particular, municipal and county Local Units were authorized under the ERI Refunding Law to issue Local Unit Refunding Bonds (the “Municipal and County Refunding Bonds”) under N.J.S.A. 40A:2-51.3 and other applicable provisions of the Local Bond Law for the purpose of retiring the present value of the Unfunded ERI Liability previously granted by the State to such Municipal and County Local Units pursuant to P.L. 1991, c.229, P.L.1991, c.230, P.L.1993, c.138, P.L. 1993, c181, P.L.1993, c.99, and P.L.1999, c.59 (the “Municipal and County Unfunded ERI Liability”); WHEREAS, in particular, school district Local Units were authorized under the ERI Refunding Law to issue Local Unit Refunding Bonds (the “School District Refunding Bonds”), (i) for type I school districts, under N.J.S.A. 18A:24-61.2 of the School Bond Law and other applicable provisions of the School Bond Law and the Local Bond Law, and (ii) for type II school districts, under N.J.S.A. 18A:24-61.2 of the School Bond Law and other

489

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
applicable provisions of the School Bond Law, all for the purpose of retiring the present value of the Unfunded ERI Liability previously granted by the State to such School District Local Units pursuant to P.L.1991, c.231 and P.L.1993, c163 (the “School District Unfunded ERI Liability”); WHEREAS, further pursuant to the ERI Refunding Law, which by its terms also amended the Act, the Authority’s purposes under N.J.S.A. 40:37A-54 were expanded to allow for the issuance and pooling of loans by the Authority to the Local Units secured by Local Unit Refunding Bonds in order to achieve more favorable interest rates and terms for the Local Units; WHEREAS, on February 6, 2003, the Authority issued its $16,890,000 original aggregate principal amount of “County of Morris Guaranteed Loan Revenue Bonds, Series 2003 (Pooled ERI Unfunded Liability Project” (the “Series 2003 Bonds”) for the purpose, among other things, of the purchase of Local Unit Refunding Bonds (the “ Series 2003 Local Unit Refunding Bonds”) of (i) Chester Board of Education, (ii) the County, (iii) Morris Plains Borough, (iv) Morris Township, (v) Mt. Olive Township, (vi) Mt. Olive Township Board of Education, (vii) Roxbury Township and (viii) Roxbury Township Board of Education (collectively, the “Series 2003 Local Units”) to finance their Unfunded ERI Liability (collectively the “Series 2003 Loans”); WHEREAS, the 2003 Loans were secured through those certain “Loan Agreement (Pooled ERI Unfunded Liability Project)” dated as of February 1, 2003 (the “Series 2003 Loan Agreement”) between the Authority and each Series 2003 Local Unit, pursuant to which the Authority loaned the Series 2003 Local Units a portion of the proceeds of the Series 2003 Bonds for the respective Series 2003 Loans, which Series 2003 Loans were to be repaid by the Local Units in accordance with a debt service schedule set forth in Exhibit B to each Series 2003 Loan Agreement, as evidenced by each Series 2003 Local Unit Refunding Bond; WHEREAS, the Series 2003 Bonds were issued pursuant to (i) a bond resolution of the Authority entitled “Resolution Authorizing the Issuance of County of Morris Guaranteed Loan Revenue Bonds (Pooled ERI Unfunded Liability Project) and Additional Bonds of the Morris County Improvement Authority”, which was duly adopted by the Authority at a meeting thereof duly called and held on December 11, 2002, as amended and supplemented by a Certificate of the Executive Director of the Authority dated February 6, 2003 issued pursuant to Section 2.02(1)(e) of the original bond resolution (collectively, the “Series 2003 Bond Resolution), (ii) the Act, and other applicable law; WHEREAS, payment of the principal of (including mandatory sinking fund installments, if any) and interest on the Series 2003 Bonds was fully, unconditionally and irrevocably guaranteed in an aggregate principal amount not to exceed $16,890,000 in accordance with (i) the terms of a guaranty ordinance of the County finally adopted by the Board of Freeholders and (ii) by a guaranty certificate executed by an authorized officer of the County on the face of each Series 2003 Bond (collectively, the “Series 2003 County Guaranty”), all pursuant to Section 37 (“Section 37”) of the Act (N.J.S.A. 40:37A-80) and other applicable law, which payments are included as part of the Trust Estate applicable to the Series 2003 Bonds pledged by the Authority to the Trustee under the Series 2003 Bond Resolution; WHEREAS, the Series 2003 Bonds are presently Outstanding (as such term is defined in the Series 2003 Bond Resolution) in the aggregate principal amount of $8,680,000, $6,005,000 aggregate principal amount of which are scheduled to mature on or after March 1, 2014 and are to be refunded (the “Series 2003 Bonds to be Refunded”); WHEREAS, (i) the 2003 Loans to the Borough of Morris Plains and the Chester Township Board of Education have been paid in full, and accordingly, there are no Series 2003 Bonds Outstanding under the Series 2003 Bond Resolution allocable to these Series 2003 Local Units; (ii) the 2003 Loans to Morris Township and Mt. Olive Township (each a Series 2003 Local Unit, and collectively, the “Outstanding Series 2003 Local Units”) are small and have one or a few payments remaining and therefore Morris Township and Mt. Olive Township shall continue to pay their Loans as they shall become due, and the $705,000 aggregate principal amount of Series 2003 Bonds allocable to such Series 2003 Local Units shall remain Outstanding under the Series 2003 Bond Resolution (the “Outstanding Series 2003 Bonds”), and (iii) the County, Mt. Olive Township Board of Education, Roxbury Township and Roxbury Township Board of Education (each a Series 2003 Local Unit, and collectively, the “Series 2011 Local Units”, and together with the Outstanding Series 2003

490

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
Local Units, the “Outstanding Local Units”) each have loans Outstanding under the Series 2003 Bond Resolution that are eligible to be refunded; WHEREAS, the Authority and the Series 2011 Local Units have determined that there are debt service savings to be achieved through the advance refunding of all or a portion of their allocable share of the Series 2003 Bonds to be Refunded (the “Advance Refunding Project”), which net savings shall in turn be passed on to the Series 2011 Local Units, through the application of a debt service credit for the benefit of each such Series 2011 Local Unit and their Series 2003 Local Unit Refunding Bonds, all pursuant to the terms of the Series 2011 Refunding Agreement (as hereinafter defined); WHEREAS, pursuant to the terms of the Series 2003 Bond Resolution, the earliest date the Series 2003 Bonds to be Refunded can be redeemed is March 1, 2013 at par; WHEREAS, in order to implement the Advance Refunding Project, and to pay the costs of issuance and fund any necessary reserves or other costs related thereto (collectively the “Series 2011 Project”), the Authority shall adopt a bond resolution entitled "SUPPLEMENTAL RESOLUTION AUTHORIZING THE ISSUANCE OF COUNTY OF MORRIS GUARANTEED LOAN REVENUE REFUNDING BONDS, SERIES 2011 (POOLED ERI UNFUNDED LIABILITY PROJECT) OF THE MORRIS COUNTY IMPROVEMENT AUTHORITY" (the “Series 2011 Supplemental Bond Resolution ” and together with the Series 2003 Bond Resolution, and any further amendments thereof or supplements thereto, the “Bond Resolution”); WHEREAS, the Series 2011 Supplemental Bond Resolution shall authorize the issuance of “County of Morris Guaranteed Loan Revenue Refunding Bonds, Series 2011 (Pooled ERI Unfunded Liability Project)” in the aggregate principal amount not to exceed $7,000,000 (the “Series 2011 Refunding Bonds”); WHEREAS, the Advance Refunding Project shall be achieved through the deposit of a portion of the proceeds of the Series 2011 Refunding Bonds with the trustee authorized under the Bond Resolution (the “Trustee”), as escrow agent (the “Escrow Agent”) pursuant to an “Escrow Deposit Agreement” to be dated as of the first day of the month of issuance of the Series 2011 Refunding Bonds (the “Escrow Deposit Agreement”) between the Authority and the Escrow Agent; WHEREAS, upon issuance of the Series 2011 Refunding Bonds, and the deposits with the Escrow Agent of a portion of the proceeds thereof in accordance with the terms of the Escrow Deposit Agreement, the Series 2003 Bonds to be Refunded shall no longer be Outstanding under the Bond Resolution, and only the Outstanding Series 2003 Bonds and the Series 2011 Refunding Bonds shall be Outstanding under the Bond Resolution; WHEREAS, the Series 2011 Refunding Bonds shall be secured on a parity basis with the Outstanding Series 2003 Bonds, and any other Bonds issued under and as defined in the Bond Resolution (collectively, the “Outstanding Bonds”) , by the Trust Estate under and as defined in the Bond Resolution, including the Series 2011 Supplemental Bond Resolution, which Trust Estate shall consist, in material part, of the payment of the principal, redemption premium, if any, and interest on (i) the Series 2003 Local Unit Refunding Bonds of the Outstanding Series 2003 Local Units (the “Outstanding Series 2003 Local Unit Refunding Bonds”) and (ii) the Series 2003 Local Unit Refunding Bonds of the Series 2011 Local Units (which, from this point forward, after application of the debt service credit in accordance with the Series 2011 Refunding Agreement, shall be collectively referred to as the “Series 2011 Local Unit Refunding Bonds”; the Outstanding Series 2003 Local Unit Refunding Bonds and the Series 2011 Local Unit Refunding Bonds may be collectively referred to as the “Outstanding Local Unit Refunding Bonds” of the Outstanding Local Units); WHEREAS, the Outstanding Local Unit Refunding Bonds shall be payable by the respective Outstanding Local Units, if necessary, from the levy of ad valorem taxes upon all the taxable property within the jurisdiction of the Outstanding Local Unit, without limitation as to rate or amount; WHEREAS, simultaneously with the issuance of the Series 2011 Refunding Bonds, the Series 2011 Local Units shall enter into that certain “Refunding Agreement (Pooled ERI Unfunded Liability Project”) (the “Series 2011 Refunding Agreement”) containing a revised Exhibit B to its 2003 Loan Agreement evidencing the credit to debt service on its Series 2011 Local Unit Refunding Bonds;

491

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
WHEREAS, the Series 2011 Refunding Agreement shall be authorized by a resolution of each Series 2011 Local Unit (the “Series 2011 Local Unit Authorizing Resolution”); WHEREAS, payment of the principal of (including mandatory sinking fund installments, if any) and interest on the Series 2011 Refunding Bonds shall be fully, unconditionally and irrevocably guaranteed in an aggregate principal amount not to exceed $7,000,000 in accordance with (i) the terms of a guaranty ordinance of the County to be finally adopted by the Board of Freeholders, (ii) by a guaranty certificate to be executed by an authorized officer of the County on the face of each Series 2011 Refunding Bond and (iii) as may be required by any rating agency, underwriter, Series 2011 Refunding Bond purchaser or other entity that will allow the Authority to sell the Series 2011 Refunding Bonds at the lowest possible cost to the Local Unit, an agreement setting forth the County’s obligation to make any such guaranty payments in accordance with and within the parameters set forth in such ordinance (collectively, the “Series 2011 County Guaranty”, and together with the Series 2003 County Guaranty, the “County Guaranty”), all pursuant to Section 37 of the Act and other applicable law; WHEREAS, accordingly, the Trust Estate under the Bond Resolution shall also include, (i) with respect to the Outstanding Series 2003 Bonds, the Series 2003 County Guaranty, and (ii) with respect to the Series 2011 Refunding Bonds, the Series 2011 County Guaranty; WHEREAS, pursuant to the terms of the Loan Agreement, those Local Units constituting “materially obligated persons” within the meaning and for the purposes set forth in Rule 15c2-12 (“Rule 15c-12”) promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934, as amended, will be required to enter into those certain “Local Unit Continuing Disclosure Agreements (Pooled Unfunded ERI Liability Project)” to be dated as of the first day of the month of issuance of the Series 2011 Refunding Bonds (as the same may be amended and supplemented from time to time in accordance with their respective terms, the “Local Unit Continuing Disclosure Agreements”) with the Authority and the Trustee, as dissemination agent (the “Dissemination Agent”) in order to satisfy the secondary market disclosure requirements of Rule 15c2-12; WHEREAS, pursuant to the terms of the Bond Resolution due to the County Guaranty, as a “materially obligated person” within the meaning and for the purposes set forth in Rule 15c2-12, the County shall be required to enter into that certain “County Continuing Disclosure Agreement (Pooled Unfunded ERI Liability Project)” to be dated as of the first day of the month of issuance of the Series 2011 Refunding Bonds (as the same may be amended and supplemented from time to time in accordance with its terms, the “County Continuing Disclosure Agreement”) with the Authority and the Dissemination Agent in order to satisfy the secondary market disclosure requirements of Rule 15c2-12; WHEREAS, pursuant to the terms of the Bond Resolution, the Authority (i) shall not be considered a “materially obligated person” within the meaning and for the purposes set forth in Rule 15c2-12 and (ii) shall be required to provide certain material events notices in accordance with Rule 15c2-12, and accordingly, the Authority (a) may be required to enter into a separate continuing disclosure agreement, and (b) shall be required to provide such material events notices under the terms of the Local Unit Continuing Disclosure Agreement, all in order to satisfy the secondary market disclosure requirements of Rule 15c2-12 (the “Authority Continuing Disclosure Agreement” and together with the Local Unit Continuing Disclosure Agreements and the County Continuing Disclosure Agreement, the “Continuing Disclosure Agreements”); WHEREAS, in order to market and sell the Series 2011 Refunding Bonds, 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, (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 Series 2011 Refunding Bonds, the Series 2011 Project and the other transactions contemplated hereby (the “Preliminary Official Statement”), (iii) enter into a bond purchase agreement with an underwriter to be selected from the Authority’s qualified underwriter list

492

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
procured through a fair and open process (the “Underwriter”) by the Authority (the “Bond Purchase Agreement”), (iv) execute and deliver a final Official Statement incorporating the terms of the sale of the Series 2011 Refunding Bonds and certain other information into the Preliminary Official Statement (the “Official Statement” and together with the Preliminary Official Statement, the Bond Purchase Agreement, the “Sale Documents”); WHEREAS, the Authority shall have no obligation with respect to the Series 2011 Project other than the financing thereof through the issuance of the Series 2011 Refunding Bonds and the application of debt service credits to the Outstanding Local Unit Bonds through the Series 2011 Refunding Agreement; accordingly, the payment of the principal of and interest on the Outstanding Bonds shall remain the sole responsibility of the Outstanding Local Units through their payment of the principal of and interest on the Outstanding Local Unit Refunding Bonds, as guaranteed by the County under the County Guaranty; WHEREAS, in accordance with Section 13 (“Section 13”) of the Act (N.J.S.A. 40:37A-56), prior to the issuance of the Series 2011 Refunding Bonds, the Authority will have made a detailed report of the Series 2011 Project to the Board of Freeholders, which report will include, without limitation, descriptions of the Series 2011 Supplemental Bond Resolution, the Series 2011 Local Unit Authorizing Resolutions, the Series 2011 Refunding Bonds, the Series 2011 County Guaranty, the Refunding Agreement, the Escrow Deposit Agreement, the Continuing Disclosure Agreements, and if necessary, desirable or convenient as determined by the Authority, the County, and as applicable, the Local Unit, such other applicable agreements that may include one or more of the Local Finance Board Application or any Sale Documents (collectively, the “Financing Documents”). NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE COUNTY OF MORRIS (THE “PARTICIPANT”), as follows: Section 1. The Participant believes: (a) it is in the public interest to accomplish such purposes as set forth in the preambles hereof, including the financing of the Series 2011 Project on behalf of the Participant; (b) said purpose is for the health, wealth, convenience or betterment of the inhabitants of the Participant; (c) the amounts to be expended for said purpose are not unreasonable or exorbitant; and (d) the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the Participant and will not create an undue financial burden to be placed upon the Participant. Section 2. The Participant’s participation in the Series 2011 Project and the execution of the Refunding Agreement and the Local Unit Continuing Disclosure Agreement in connection with the Advance Refunding Project is hereby approved. Section 3. The Freeholder-Director, County Administrator, and the County Treasurer of the Participant (including their designees in writing, each an “Authorized Officer”) are each hereby severally authorized to assist the Authority with the preparation and submission of the Local Finance Board Application for the purpose of financing the Participant’s portion of the Series 2011 Project through the issuance of the Series 2011 Refunding Bonds, and to take all action necessary, desirable, or convenient in connection therewith. Accordingly, the Authorized Officers, and any consultants of their choosing, shall, if necessary, represent the Participant at any public hearing held by the Local Finance Board in connection with the Local Finance Board Application. Section 4. The Authorized Officers are hereby each severally authorized and directed to execute or acknowledge, as the case may be, and deliver (i) the Refunding Agreement for the Participant in substantially the form attached hereto as Exhibit A and the Local Unit Disclosure Agreement in substantially the form attached hereto as Exhibit B, with such changes thereto as the Authorized Officer deems in their sole discretion to be necessary, desirable or convenient for the execution thereof and to consummate the transactions contemplated hereby, which execution thereof shall conclusively evidence the Authorized Officer's approval of any changes to the form. The Authorized Officer is hereby further authorized and directed to execute such other closing certificates (the “Closing Certificate”) deemed necessary, desirable or convenient for the execution thereof and to consummate the transactions contemplated hereby, which execution thereof shall conclusively evidence the Authorized Officer's approval of the provisions and form of such Closing Certificate.

493

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
Section 5. The Secretary and any Assistant Secretary of the Participant are each hereby severally authorized and directed, upon the execution or acknowledgment of the documents set forth in Section 2 hereof: to attest to the Authorized Officer's execution or acknowledgment of such documents and is hereby further authorized and directed, when required by the Authority, to thereupon affix the seal of the Participant to such documents. Section 6. Upon the execution or acknowledgment and attestation of and if required, the placing of the seal on the documents set forth in Section 2 hereof as contemplated by Sections 2 and 3 hereof the Authorized Officer is hereby authorized and directed to (i) deliver such fully executed or acknowledged, attested and sealed Refunding Agreement. Section 7. The governing body of the Participant hereby authorizes the performance of any act, the execution or acknowledgment and delivery of any other document, instrument or Closing Certificates, which the Authorized Officer deems necessary, desirable or convenient in connection with this contemplated transaction, and the governing body of the Participant hereby directs the Authorized Officer. to execute or acknowledge, attest and affix (or cause the attestation or affixation of) the seal to any such documents, instruments or Closing Certificates, the authorization of which actions shall be conclusively evidenced by the execution or acknowledgment, attestation, affixation and delivery, as the case may be, thereof by such persons. Section 8. This resolution shall take effect immediately.

Section 9. Upon the adoption hereof, the Participant shall forward certified copies of this resolution to John Bonanni, Chairperson of the Authority, and Stephen B. Pearlman, Esq., Inglesino, Pearlman, Wyciskala & Taylor, LLC, Bond Counsel to the Authority. -(37) RESOLUTION PROVIDING MORRIS COUNTY'S CONSENT TO THE ISSUANCE BY THE MORRIS COUNTY IMPROVEMENT AUTHORITY OF THE AUTHORITY’S COUNTY OF MORRIS GUARANTEED LOAN REVENUE REFUNDING BONDS, SERIES 2011 (POOLED ERI UNFUNDED LIABILITY PROJECT) [Federally Taxable] AND RELATED DOCUMENTS WHEREAS, The Morris County Improvement Authority (including any successors and assigns, the “Authority”) has been duly created by resolution no. 42 entitled “Resolution of the Board of Chosen Freeholders of Morris County, New Jersey creating the Morris County Improvement Authority” duly adopted by the Board of Chosen Freeholders (the “Board of Freeholders”) of the County of Morris (the “County”) in the State of New Jersey (the “State”) on April 10, 2002 as a public body corporate and politic of the State pursuant to and in accordance with the county improvement authorities law, constituting Chapter 183 of the Pamphlet Laws of 1960 of the State, and the acts amendatory thereof and supplemental thereto (the “Act”) and other applicable law; WHEREAS, on July 12, 2002, P.L. 2002, c. 42 (the “ERI Refunding Law”) became the law of the State, by its terms authorizing municipalities, counties, school districts and certain other local governmental units (“Local Units”) to issue refunding bonds (the “Local Unit Refunding Bonds”) for the purpose of retiring the present value of their unfunded liability (the “Unfunded ERI Liability”) for early retirement incentive benefits previously granted by the State to the Local Units pursuant to prior State law; WHEREAS, in particular, municipal and county Local Units were authorized under the ERI Refunding Law to issue Local Unit Refunding Bonds (the “Municipal and County Refunding Bonds”) under N.J.S.A. 40A:2-51.3 and other applicable provisions of the Local Bond Law for the purpose of retiring the present value of the Unfunded ERI Liability previously granted by the State to such Municipal and County Local Units pursuant to P.L. 1991, c.229, P.L. 1991, c.230, P.L. 1993, c.138, P.L. 1993, c181, P.L. 1993, c.99, and P.L. 1999, c.59 (the “Municipal and County Unfunded ERI Liability”); WHEREAS, in particular, school district Local Units were authorized under the ERI Refunding Law to issue Local Unit Refunding Bonds (the “School District Refunding Bonds”), (i) for type I school districts, under N.J.S.A. 18A:24-61.2 of the School Bond Law and other applicable provisions of the School Bond Law and the Local Bond Law, and (ii) for type II school districts, under N.J.S.A. 18A:24-61.2 of the School Bond Law and other applicable provisions of the School Bond Law, all for the purpose of retiring

494

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
the present value of the Unfunded ERI Liability previously granted by the State to such School District Local Units pursuant to P.L. 1991, c.231 and P.L. 1993, c163 (the “School District Unfunded ERI Liability”); WHEREAS, further pursuant to the ERI Refunding Law, which by its terms also amended the Act, the Authority’s purposes under N.J.S.A. 40:37A-54 were expanded to allow for the issuance and pooling of loans by the Authority to the Local Units secured by Local Unit Refunding Bonds in order to achieve more favorable interest rates and terms for the Local Units; WHEREAS, on February 6, 2003, the Authority issued its $16,890,000 original aggregate principal amount of “County of Morris Guaranteed Loan Revenue Bonds, Series 2003 (Pooled ERI Unfunded Liability Project” (the “Series 2003 Bonds”) for the purpose, among other things, of the purchase of Local Unit Refunding Bonds (the “ Series 2003 Local Unit Refunding Bonds”) of (i) Chester Board of Education, (ii) the County, (iii) Morris Plains Borough, (iv) Morris Township, (v) Mt. Olive Township, (vi) Mt. Olive Township Board of Education, (vii) Roxbury Township and (viii) Roxbury Township Board of Education (collectively, the “Series 2003 Local Units”) to finance their Unfunded ERI Liability (collectively the “Series 2003 Loans”); WHEREAS, the 2003 Loans were secured through those certain “Loan Agreement (Pooled ERI Unfunded Liability Project)” dated as of February 1, 2003 (the “Series 2003 Loan Agreement”) between the Authority and each Series 2003 Local Unit, pursuant to which the Authority loaned the Series 2003 Local Units a portion of the proceeds of the Series 2003 Bonds for the respective Series 2003 Loans, which Series 2003 Loans were to be repaid by the Local Units in accordance with a debt service schedule set forth in Exhibit B to each Series 2003 Loan Agreement, as evidenced by each Series 2003 Local Unit Refunding Bond; WHEREAS, the Series 2003 Bonds were issued pursuant to (i) a bond resolution of the Authority entitled “Resolution Authorizing the Issuance of County of Morris Guaranteed Loan Revenue Bonds (Pooled ERI Unfunded Liability Project) and Additional Bonds of the Morris County Improvement Authority”, which was duly adopted by the Authority at a meeting thereof duly called and held on December 11, 2002, as amended and supplemented by a Certificate of the Executive Director of the Authority dated February 6, 2003 issued pursuant to Section 2.02(1)(e) of the original bond resolution (collectively, the “Series 2003 Bond Resolution), (ii) the Act, and other applicable law; WHEREAS, payment of the principal of (including mandatory sinking fund installments, if any) and interest on the Series 2003 Bonds was fully, unconditionally and irrevocably guaranteed in an aggregate principal amount not to exceed $16,890,000 in accordance with (i) the terms of a guaranty ordinance of the County finally adopted by the Board of Freeholders and (ii) by a guaranty certificate executed by an authorized officer of the County on the face of each Series 2003 Bond (collectively, the “Series 2003 County Guaranty”), all pursuant to Section 37 (“Section 37”) of the Act (N.J.S.A. 40:37A-80) and other applicable law, which payments are included as part of the Trust Estate applicable to the Series 2003 Bonds pledged by the Authority to the Trustee under the Series 2003 Bond Resolution; WHEREAS, the Series 2003 Bonds are presently Outstanding (as such term is defined in the Series 2003 Bond Resolution) in the aggregate principal amount of $8,680,000, $6,005,000 aggregate principal amount of which are scheduled to mature on or after March 1, 2014 and are to be refunded (the “Series 2003 Bonds to be Refunded”); WHEREAS, (i) the 2003 Loans to the Borough of Morris Plains and the Chester Township Board of Education have been paid in full, and accordingly, there are no Series 2003 Bonds Outstanding under the Series 2003 Bond Resolution allocable to these Series 2003 Local Units; (ii) the 2003 Loans to Morris Township and Mt. Olive Township (each a Series 2003 Local Unit, and collectively, the “Outstanding Series 2003 Local Units”) are small and have one or a few payments remaining and therefore Morris Township and Mt. Olive Township shall continue to pay their Loans as they shall become due, and the $705,000 aggregate principal amount of Series 2003 Bonds allocable to such Series 2003 Local Units shall remain Outstanding under the Series 2003 Bond Resolution (the “Outstanding Series 2003 Bonds”), and (iii) the County, Mt. Olive Township Board of Education, Roxbury Township and Roxbury Township Board of Education (each a Series 2003 Local Unit, and collectively, the “Series 2011 Local Units”, and together with the Outstanding Series 2003 Local Units, the “Outstanding Local Units”) each have loans Outstanding under the Series 2003 Bond Resolution that are eligible to be refunded;

495

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
WHEREAS, the Authority and the Series 2011 Local Units have determined that there are debt service savings to be achieved through the advance refunding of all or a portion of their allocable share of the Series 2003 Bonds to be Refunded (the “Advance Refunding Project”), which net savings shall in turn be passed on to the Series 2011 Local Units, through the application of a debt service credit for the benefit of each such Series 2011 Local Unit and their Series 2003 Local Unit Refunding Bonds, all pursuant to the terms of the Series 2011 Refunding Agreement (as hereinafter defined); WHEREAS, pursuant to the terms of the Series 2003 Bond Resolution, the earliest date the Series 2003 Bonds to be Refunded can be redeemed is March 1, 2013 at par; WHEREAS, in order to implement the Advance Refunding Project, and to pay the costs of issuance and fund any necessary reserves or other costs related thereto (collectively the “Series 2011 Project”), the Authority shall adopt a bond resolution entitled "SUPPLEMENTAL RESOLUTION AUTHORIZING THE ISSUANCE OF COUNTY OF MORRIS GUARANTEED LOAN REVENUE REFUNDING BONDS, SERIES 2011 (POOLED ERI UNFUNDED LIABILITY PROJECT) OF THE MORRIS COUNTY IMPROVEMENT AUTHORITY" (the “Series 2011 Supplemental Bond Resolution ” and together with the Series 2003 Bond Resolution, and any further amendments thereof or supplements thereto, the “Bond Resolution”); WHEREAS, the Series 2011 Supplemental Bond Resolution shall authorize the issuance of “County of Morris Guaranteed Loan Revenue Refunding Bonds, Series 2011 (Pooled ERI Unfunded Liability Project)” in the aggregate principal amount not to exceed $7,000,000 (the “Series 2011 Refunding Bonds”); WHEREAS, the Advance Refunding Project shall be achieved through the deposit of a portion of the proceeds of the Series 2011 Refunding Bonds with the trustee authorized under the Bond Resolution (the “Trustee”), as escrow agent (the “Escrow Agent”) pursuant to an “Escrow Deposit Agreement” to be dated as of the first day of the month of issuance of the Series 2011 Refunding Bonds (the “Escrow Deposit Agreement”) between the Authority and the Escrow Agent; WHEREAS, upon issuance of the Series 2011 Refunding Bonds, and the deposits with the Escrow Agent of a portion of the proceeds thereof in accordance with the terms of the Escrow Deposit Agreement, the Series 2003 Bonds to be Refunded shall no longer be Outstanding under the Bond Resolution, and only the Outstanding Series 2003 Bonds and the Series 2011 Refunding Bonds shall be Outstanding under the Bond Resolution; WHEREAS, the Series 2011 Refunding Bonds shall be secured on a parity basis with the Outstanding Series 2003 Bonds, and any other Bonds issued under and as defined in the Bond Resolution (collectively, the “Outstanding Bonds”) , by the Trust Estate under and as defined in the Bond Resolution, including the Series 2011 Supplemental Bond Resolution, which Trust Estate shall consist, in material part, of the payment of the principal, redemption premium, if any, and interest on (i) the Series 2003 Local Unit Refunding Bonds of the Outstanding Series 2003 Local Units (the “Outstanding Series 2003 Local Unit Refunding Bonds”) and (ii) the Series 2003 Local Unit Refunding Bonds of the Series 2011 Local Units (which, from this point forward, after application of the debt service credit in accordance with the Series 2011 Refunding Agreement, shall be collectively referred to as the “Series 2011 Local Unit Refunding Bonds”; the Outstanding Series 2003 Local Unit Refunding Bonds and the Series 2011 Local Unit Refunding Bonds may be collectively referred to as the “Outstanding Local Unit Refunding Bonds” of the Outstanding Local Units); WHEREAS, the Outstanding Local Unit Refunding Bonds shall be payable by the respective Outstanding Local Units, if necessary, from the levy of ad valorem taxes upon all the taxable property within the jurisdiction of the Outstanding Local Unit, without limitation as to rate or amount; WHEREAS, simultaneously with the issuance of the Series 2011 Refunding Bonds, the Series 2011 Local Units shall enter into that certain “Refunding Agreement (Pooled ERI Unfunded Liability Project”) (the “Series 2011 Refunding Agreement”) containing a revised Exhibit B to its 2003 Loan Agreement evidencing the credit to debt service on its Series 2011 Local Unit Refunding Bonds;

496

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
WHEREAS, the Series 2011 Refunding Agreement shall be authorized by a resolution of each Series 2011 Local Unit (the “Series 2011 Local Unit Authorizing Resolution”); WHEREAS, payment of the principal of (including mandatory sinking fund installments, if any) and interest on the Series 2011 Refunding Bonds shall be fully, unconditionally and irrevocably guaranteed in an aggregate principal amount not to exceed $7,000,000 in accordance with (i) the terms of a guaranty ordinance of the County to be finally adopted by the Board of Freeholders, (ii) by a guaranty certificate to be executed by an authorized officer of the County on the face of each Series 2011 Refunding Bond and (iii) as may be required by any rating agency, underwriter, Series 2011 Refunding Bond purchaser or other entity that will allow the Authority to sell the Series 2011 Refunding Bonds at the lowest possible cost to the Local Unit, an agreement setting forth the County’s obligation to make any such guaranty payments in accordance with and within the parameters set forth in such ordinance (collectively, the “Series 2011 County Guaranty”, and together with the Series 2003 County Guaranty, the “County Guaranty”), all pursuant to Section 37 of the Act and other applicable law; WHEREAS, accordingly, the Trust Estate under the Bond Resolution shall also include, (i) with respect to the Outstanding Series 2003 Bonds, the Series 2003 County Guaranty, and (ii) with respect to the Series 2011 Refunding Bonds, the Series 2011 County Guaranty; WHEREAS, pursuant to the terms of the Loan Agreement, those Local Units constituting “materially obligated persons” within the meaning and for the purposes set forth in Rule 15c2-12 (“Rule 15c-12”) promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934, as amended, will be required to enter into those certain “Local Unit Continuing Disclosure Agreements (Pooled Unfunded ERI Liability Project)” to be dated as of the first day of the month of issuance of the Series 2011 Refunding Bonds (as the same may be amended and supplemented from time to time in accordance with their respective terms, the “Local Unit Continuing Disclosure Agreements”) with the Authority and the Trustee, as dissemination agent (the “Dissemination Agent”) in order to satisfy the secondary market disclosure requirements of Rule 15c2-12; WHEREAS, pursuant to the terms of the Bond Resolution due to the County Guaranty, as a “materially obligated person” within the meaning and for the purposes set forth in Rule 15c2-12, the County shall be required to enter into that certain “County Continuing Disclosure Agreement (Pooled Unfunded ERI Liability Project)” to be dated as of the first day of the month of issuance of the Series 2011 Refunding Bonds (as the same may be amended and supplemented from time to time in accordance with its terms, the “County Continuing Disclosure Agreement”) with the Authority and the Dissemination Agent in order to satisfy the secondary market disclosure requirements of Rule 15c2-12; WHEREAS, pursuant to the terms of the Bond Resolution, the Authority (i) shall not be considered a “materially obligated person” within the meaning and for the purposes set forth in Rule 15c2-12 and (ii) shall be required to provide certain material events notices in accordance with Rule 15c2-12, and accordingly, the Authority (a) may be required to enter into a separate continuing disclosure agreement, and (b) shall be required to provide such material events notices under the terms of the Local Unit Continuing Disclosure Agreement, all in order to satisfy the secondary market disclosure requirements of Rule 15c2-12 (the “Authority Continuing Disclosure Agreement” and together with the Local Unit Continuing Disclosure Agreements and the County Continuing Disclosure Agreement, the “Continuing Disclosure Agreements”); WHEREAS, in order to market and sell the Series 2011 Refunding Bonds, 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, (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 Series 2011 Refunding Bonds, the Series 2011 Project and the other transactions contemplated hereby (the “Preliminary Official Statement”), (iii) enter into a bond purchase agreement with an underwriter to be selected from the Authority’s qualified underwriter list procured through a fair and open process (the “Underwriter”) by the Authority

497

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
(the “Bond Purchase Agreement”), (iv) execute and deliver a final Official Statement incorporating the terms of the sale of the Series 2011 Refunding Bonds and certain other information into the Preliminary Official Statement (the “Official Statement” and together with the Preliminary Official Statement, the Bond Purchase Agreement, the “Sale Documents”); WHEREAS, the Authority shall have no obligation with respect to the Series 2011 Project other than the financing thereof through the issuance of the Series 2011 Refunding Bonds and the application of debt service credits to the Outstanding Local Unit Bonds through the Series 2011 Refunding Agreement; accordingly, the payment of the principal of and interest on the Outstanding Bonds shall remain the sole responsibility of the Outstanding Local Units through their payment of the principal of and interest on the Outstanding Local Unit Refunding Bonds, as guaranteed by the County under the County Guaranty; and WHEREAS, in accordance with Section 13 (“Section 13”) of the Act (N.J.S.A. 40:37A-56), prior to the issuance of the Series 2011 Refunding Bonds, the Authority will have made a detailed report of the Series 2011 Project to the Board of Freeholders, which report will include, without limitation, descriptions of the Series 2011 Supplemental Bond Resolution, the Series 2011 Local Unit Authorizing Resolutions, the Series 2011 Refunding Bonds, the Series 2011 County Guaranty, the Refunding Agreement, the Escrow Deposit Agreement, the Continuing Disclosure Agreements, and if necessary, desirable or convenient as determined by the Authority, the County, and as applicable, the Local Unit, such other applicable agreements that may include one or more of the Local Finance Board Application or any Sale Documents (collectively, the “Financing Documents”). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF MORRIS, NEW JERSEY, as follows: Section 1. In accordance with Section 13 and all other applicable law, the County of Morris Board of Freeholders hereby consent to (i) Series 2011 Project and the financing of same on behalf of the Series 2011 Local Units through the Financing Documents, (ii) the execution or acknowledgment and delivery by the Authority of the Refunding Agreement and the Continuing Disclosure Agreements in substantially the forms attached hereto as Exhibits A and B, respectively (iii) the adoption by the Authority of the Series 2011 Supplemental Bond Resolution in substantially the form attached hereto as Exhibit C, (iv) the issuance, sale and delivery of the Series 2011 Refunding Bonds to effect such purpose and (v) the adoption and execution and delivery of the Series 2011 County Guaranty as further security for the Series 2011 Refunding Bonds. The County's consent hereto to the Financing Documents contemplates the insertion of the final financing terms therein that will result from the sale of the Series 2011 Refunding Bonds, which financing terms shall be limited only by those financing term parameters set forth in the Local Finance Board Application of the Authority filed with the Local Finance Board (and on file with the County Administrator) relating to the Series 2011 Refunding Bonds and the findings related thereto and the parameters set forth herein. Section 2. To the extent the Series 2011 Refunding Bonds are issued in any year other than 2011 or 2012, as the case may be, references herein to “2011” or “2012” respectively, may without any further action be changed to the year of issuance of such Series 2011 Refunding Bonds. Section 3. This resolution shall take effect immediately.

Section 4. Upon the adoption hereof, the Clerk of the Board of Freeholders shall forward certified copies of this resolution to 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. -(38) BE IT RESOLVED as follows: 1. The County of Morris wishes to purchase goods and services from the following authorized vendors under the State of New Jersey Cooperative Purchasing Program 1-NJCP, according to Local Public Contract Laws, N.J.S. 40A:11-12.

498

BOARD OF CHOSEN FREEHOLDERS – SEPTEMBER 26, 2011
Motorola Communications & Electronics Inc P O Box 305 Bordentown NJ 08505-0305 NJSC#A53804 04-216-55-963248-909 $ 1,047,889.00 04-216-55-963248-952 $11,140,848.53 04-216-55-963144-909 $ 47,718.68 04-216-55-963144-951 $ 328,167.00 04-216-55-963142-909 $ 5,549.66 04-216-55-963142-952 $ 71,791.03 04-216-55-963143-909 $ 14,490.00 04-216-55-963143-950 $ 130,000.00 -Freeholder Feyl made a motion to adopt Resolution Nos. 1 through 38. This was seconded by Freeholder Mastrangelo. The Clerk called and recorded the following vote: YES: Freeholders Feyl, Grossi, Mastrangelo, Nordstrom (except to ABSTAIN on No. 18), and Acting Director Murphy Freeholder Cabana and Director Chegwidden Law & Public Safety Split Account: Amount: $12,786,453.90

(5) (2)

ABSENT:

-FREEHOLDER COMMENTS Freeholder Grossi said that $5,000 of Community Development Block Grant funds has been spent to assist homeowners through the Morris County Housing Rehabilitation Program in Mendham Borough. The Planning Board staff has worked closely with Mendham Borough officials in developing the draft Wastewater Management Plan. The County’s undertaking of this project will likely save the Borough in excess of $50,000. Concerning Preservation Trust, Mendham Borough, to date, has seen roughly $6.4 million of the county trust fund invested helping preserve five Open Space/Farmland preservation projects totaling almost 150 acres as well as one historic site and one historic district (Register Nomination). Municipal payment into the Trust Fund has totaled about $5.8 million. -BILL RESOLUTION BE IT HEREBY RESOLVED that the bills as shown on the Schedule of Warrants all having been approved by the proper committees of officials where legally required, be and the same are hereby authorized to be paid. The Schedule of Warrants designated as Bill Resolution #18-11 totals $3,751,842.85 dated and made a part hereof by reference. Freeholder Nordstrom moved the adoption of the Bill Resolution. The motion was seconded by Freeholder Mastrangelo, and the following vote was recorded: YES: Freeholders Feyl, Grossi, Mastrangelo, Nordstrom and Acting Director Murphy Freeholder Cabana and Director Chegwidden -ADJOURNMENT There was no further business. On motion by Freeholder Nordstrom and seconded by Freeholder Feyl, the meeting was adjourned at 7:40 p.m. Respectfully submitted,

(5) (2)

ABSENT:

Diane M. Ketchum Clerk of the Board

499