fh minutes - 2012-05-09

7/31/2019 FH Minutes - 2012-05-09

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BOARD OF CHOSEN FREEHOLDERS – May 9, 2012

A regular meeting of The Board of Chosen Freeholders of the County ofMorris, State of New Jersey, was held on May 9, 2012, in the FreeholderPublic Meeting Room, Administration & Records Building, Morristown, NewJersey. The meeting began at 7:30 p.m.

Clerk of the Board Diane M. Ketchum announced that adequate notice of

this regular meeting held this 9th day of May, 2012 has been provided throughresolution adopted by this Board at its Regular Meeting held at theAdministration and Records Building on May 9, 2012, to the Star Ledger, theDaily Record, and the Record through posting on the County website and byfiling a copy of same with the Morris County Clerk and the Clerk of thisBoard.

ROLL CALL

PRESENT: Freeholders Douglas Cabana, Gene Feyl, Ann Grossi, Hank Lyon,Thomas Mastrangelo, John Murphy and Director William Chegwidden

(7)

ALSO PRESENT: County Counsel Dan O’Mullan, Assistant County Counsel Randy Bush,Administrator John Bonanni, Assistant County AdministratorMary Jo Buchanan and Clerk of the Board Diane M. Ketchum

PRAYER AND FLAG SALUTE

County Counsel Dan O’Mullan opened the meeting with a prayer and asalute to the flag.

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RECOGNITION OF THE200 CLUB OF MORRIS COUNTY VALOR AND MERITORIOUS AWARD WINNERS

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MINUTES FOR APPROVAL

All Meeting Minutes from April 25, 2012.

On motion by Freeholder Murphy and seconded by Freeholder Feyl themeeting minutes were approved.

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COMMUNICATIONS

1. The Schooley’s Mountain Fire Dept. of Long Valley is asking permission touse the intersection of Schooley’s Mountain Road (CR517) and SpringtownRoad to hold a “coin drop” fund drive on Saturday, June 2 from 10:00 a.m.until 2:00 p.m.

2. The Mendham Township Recreation Committee is asking permission to hanga banner across County Route 510 from June 4 through June 25 toadvertise the annual Strawberry Festival and 5K Run.

3. The Township of Montville Police Dept. is asking permission to close aportion of Changebridge Road on Saturday, June 30 (rain date July 1)from 10:00 a.m. to 1:00 p.m. and then from 9:00 p.m. to midnight forthe annual Fourth of July Celebration. They are also asking permissionto hang two banners across Changebridge Road two weeks prior to the

event.

4. The Montville Township First Aid Squad is asking permission to use the

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On motion by Freeholder Murphy and seconded by Freeholder Cabana,the requests were approved.

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ORDINANCES

FIRST READING/INTRODUCTION

(1)Director Chegwidden stated: “We will now consider the introduction

by title an ordinance.”

Freeholder Murphy stated: “I would like to introduce by title anordinance entitled, ‘CAPIAL SURPLUS ORDINANCE APPROPRIATING $195,000 FORTHE REPLACEMENT OF OFFICE FURNITURE, FILING AND STORAGE FOR THE MORRISCOUNTY PROSECUTOR’S OFFICE.’”

Freeholder Cabana stated: “I second the motion.”

The Clerk called and recorded the following vote:

YES: Freeholders Cabana, Feyl, Grossi, Lyon, Mastrangelo, Murphy,and Director Chegwidden (7)

Freeholder Murphy moved that the Clerk be authorized to publish the

Ordinance in summary form in the local newspaper together with the noticeof public hearing and consideration of final passage of this Ordinancewhich will take place at the Freeholder meeting to be held in the Townshipof Hanover Municipal Building, 1000 Route 10, Whippany, New Jersey, onMay 23 at 7:30 p.m.

Freeholder Cabana stated: “I second the motion,” which passed withseven YES votes.

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Freeholder Murphy stated: “I would like to introduce by title anordinance entitled, ‘CAPIAL SURPLUS ORDINANCE APPROPRIATING $60,000 FORPROJECT MANAGEMENT SERVICES FOR THE VOIP PROJECT THROUGHOUT MORRISCOUNTY.’”







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Freeholder Murphy stated: “I would like to introduce by title anordinance entitled, ‘BOND ORDINANCE OF THE COUNTY OF MORRIS, NEW JERSEY,APPROPRIATING $60,000 AND AUTHORIZING THE ISSUANCE OF $57,000 BONDS ORNOTES OF THE COUNTY FOR THE REPLACEMENT OF ELEVATORS AT VARIOUS COUNTYFACILITIES, BY AND FOR THE COUNTY OF MORRIS, NEW JERSEY.’”







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Freeholder Murphy stated: “I would like to introduce by title anordinance entitled, ‘BOND ORDINANCE OF THE COUNTY OF MORRIS, NEW JERSEY,APPROPRIATING $50,000 AND AUTHORIZING THE ISSUANCE OF $47,000 BONDS ORNOTES OF THE COUNTY FOR THE UPGRADE OF HVAC BUILDING AUTOMATION SYSTEMS ATVARIOUS COUNTY FACILITIES, BY AND FOR THE COUNTY OF MORRIS, NEW JERSEY.’”



YES: Freeholders Cabana, Feyl, Grossi, Lyon, Mastrangelo, Murphy,

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(6)

Director Chegwidden stated: “We will now consider the introductionby title an ordinance.”

Freeholder Murphy stated: “I would like to introduce by title an

ordinance entitled, ‘BOND ORDINANCE OF THE COUNTY OF MORRIS, NEW JERSEY,APPROPRIATING $50,000 AND AUTHORIZING THE ISSUANCE OF $47,000 BONDS ORNOTES OF THE COUNTY FOR THE REPLACEMENT OF DOORS AT VARIOUS COUNTYFACILITIES, BY AND FOR THE COUNTY OF MORRIS, NEW JERSEY.’”




Freeholder Murphy moved that the Clerk be authorized to publish theOrdinance in summary form in the local newspaper together with the noticeof public hearing and consideration of final passage of this Ordinancewhich will take place at the Freeholder meeting to be held in the Townshipof Hanover Municipal Building, 1000 Route 10, Whippany, New Jersey, onMay 23 at 7:30 p.m.

Freeholder Cabana stated: “I second the motion,” which passed withven YES votes.se

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Freeholder Murphy stated: “I would like to introduce by title anordinance entitled, ‘BOND ORDINANCE OF THE COUNTY OF MORRIS, NEW JERSEYAPPROPRIATING $1,650,000 AND AUTHORIZING THE ISSUANCE OF $1,571,000 BONDSOR NOTES OF THE COUNTY FOR HVAC IMPROVEMENTS TO VARIOUS BUILDINGS AT THECOUNTY OF MORRIS, BY AND FOR THE COUNTY OF MORRIS, NEW JERSEY.”






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(8)

Director Chegwidden stated: “We will now consider the introductionby title an ordinance.”

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Freeholder Cabana stated: “I second the motion,” which passed withven YES votes.se

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SECOND READING/ADOPTION (1)

Director Chegwidden stated: “We will now consider for finaladoption the ordinance entitled ‘CAPITAL IMPROVEMENT FUND ORDINANCEAPPROPRIATING $125,000 FOR THE PURCHASE OF REPLACEMENT VEHICLES FOR THE

SHERIFF’S K-9 UNIT.’”

Clerk Ketchum read the following ordinance:

BE IT ORDAINED BY THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OFMORRIS, NEW JERSEY AS FOLLOWS:

Section 1. The purposes described in Section 2 of this CapitalImprovement Fund Ordinance are hereby authorized to be made by the County ofMorris, New Jersey. There is hereby appropriated from the CapitalImprovement Fund the sum of $125,000 for the hereinafter designated purposes.

Section 2. The purposes authorized herein are for the purchase ofreplacement vehicles for the Sheriff’s K-9 Unit.

Section 3. It is the opinion of this Board of Chosen Freeholders thatthe appropriation from the Capital Improvement Fund and the use of theappropriation for said purposes are in the best interest of the County ofMorris.

Section 4. This Capital Improvement Fund Ordinance shall take effect upon final passage in publication in accordance with the law.

Director Chegwidden stated: “The Public Hearing is now open.” Therewere no public comments, and the Director declared the Public Hearingclosed.

Freeholder Murphy moved that the ordinance under consideration beadopted on the second and final reading. Freeholder Cabana seconded themotion.



Freeholder Murphy moved that the Clerk be authorized to publish theOrdinance in summary form and notification of its passage in the localnewspaper in accordance with the law. Freeholder Cabana seconded themotion, which passed with seven YES votes

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Morris, New Jersey. There is hereby appropriated from the CapitalImprovement Fund the sum of $100,000 for the hereinafter designated purposes.

Section 2. The purposes authorized herein are for the purchase ofdigital in car video equipment for the Sheriff’s Department.

Section 3. It is the opinion of this Board of Chosen Freeholders thatthe appropriation from the Capital Improvement Fund and the use of theappropriation for said purposes are in the best interest of the County ofMorris.

Section 4. This Capital Improvement Fund Ordinance shall take effectupon final passage in publication in accordance with the law.

Director Chegwidden stated: “The Public Hearing is now open.” Therewere no public comments, and the Director declared the Public Hearingclosed.

Freeholder Murphy moved that the ordinance under consideration be

adopted on the second and final reading. Freeholder Cabana seconded themotion.



Freeholder Murphy moved that the Clerk be authorized to publish theOrdinance in summary form and notification of its passage in the localnewspaper in accordance with the law. Freeholder Cabana seconded themotion, which passed with seven YES votes.

--(3)

Director Chegwidden stated: “We will now consider for finaladoption the ordinance entitled ‘BOND ORDINANCE OF THE COUNTY OF MORRIS,NEW JERSEY, APPROPRIATING $125,000 AND AUTHORIZING THE ISSUANCE OF$119,000 BONDS OR NOTES OF THE COUNTY FOR THE REPLACEMENT OF CARPETING ANDWINDOW FIXTURES AT VARIOUS COUNTY FACILITIES, BY AND FOR THE COUNTY OFMORRIS, NEW JERSEY.’”


BE IT ORDAINED BY THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OFMORRIS, NEW JERSEY (not less than two-thirds of all the members thereof

affirmatively concurring), AS FOLLOWS:

Section 1. The improvements described in Section 3 of this bondordinance are hereby respectively authorized as improvements to be made oracquired by the County of Morris, New Jersey (the “County”). For the saidimprovements or purposes stated in said Section 3, there is herebyappropriated the sum of $125,000, said sum being inclusive of allappropriations heretofore made therefor and including the sum of $6,000 asthe down payment for said improvements or purposes required by law or moreparticularly described in said Section 3 and now available therefore byvirtue of provision in the previously adopted budget or budgets of the Countyfor down payments or for capital improvement purposes.

Section 2. For the financing of said improvements or purposes and tomeet the part of said $125,000 appropriation not provided for by applicationhereunder of said down payment, negotiable bonds of the County are herebyauthorized to be issued in the principal amount of $119,000 pursuant to the

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(b) The estimated maximum amount of bonds or notes to be issued for

said purposes is $119,000.

(c) The estimated cost of said purposes is $125,000 which amountrepresents the initial appropriation made by the County. The excess of the

appropriation of $125,000 over the estimated maximum amount of bonds or notesto be issued therefor being the amount of said $6,000 down payment for saidpurposes.

Section 4. The following matters are hereby determined, declared,recited and stated:

(a) The said purposes described in Section 3 of this bond ordinanceare not current expenses and are each a property or improvement which theCounty may lawfully acquire or make as general improvements, and no part ofthe cost thereof has been or shall be specially benefited thereby.

(b) The period of usefulness of said purposes within the limitationsof said Local Bond Law and according to the reasonable life thereof computedfrom the date of said bonds authorized by this bond ordinance, is 15 years.

(c) The supplemental debt statement required by said Law has beenduly made and filed in the office of the Clerk of the Board of ChosenFreeholders and a complete executed duplicate thereof has been filed in theoffice of the Director of the Division of Local Government Services in theDepartment of Community Affairs in the State of New Jersey (the “Division”),and such statement shows that the gross debt of the County as defined in saidLaw is increased by the authorization of the bonds and notes provided for inthis bond ordinance by $119,000, and the said obligations authorized by thisbond ordinance will be within all debt limitations prescribed by said Law.

(d) An aggregate amount not exceeding $25,000 for interest on said

obligations, costs of issuing said obligations, engineering costs and otheritems of expense listed in and permitted under Section 40A:2-20 of said Lawis included in the estimated cost of said improvements.

Section 5. Any funds from time to time received by the County ascontributions-in-aid of financing the improvements or purposes described inSection 3 of this ordinance shall be used for financing said improvements orpurposes by application thereof either to direct payment of the cost of saidimprovements or purposes, or to payment or reduction of the authorization ofthe obligations of the County authorized therefor by this bond ordinance.Any such funds so received may, and all such funds so received which are notrequired for direct payment of the cost of said improvements or purposesshall, be held and applied by the County as funds applicable only to thepayment of obligations of the County authorized by this bond ordinance.

Section 6. The full faith and credit of the County are hereby pledgedto the punctual payment of the principal of and interest on the saidobligations authorized by this bond ordinance. Said obligations shall bedirect, unlimited obligations of the County, and the County shall beobligated to levy ad valorem taxes upon on all of the taxable property withinthe County for the payment of said obligations and interest thereon withoutlimitation of rate or amount.

Section 7. The capital budget of the County of Morris is herebyamended to conform with the provisions of this ordinance to the extent of anyinconsistency herewith. The resolution in the form promulgated by the LocalFinance Board showing full detail of the amended capital budget and capital

program as approved by the Director of the Division of Local GovernmentServices is on file with the Clerk of the Board of Chosen Freeholders of theCounty of Morris and is available there for public inspection.

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Section 9. This bond ordinance shall take effect twenty (20) daysafter the first publication thereof after final adoption, as provided by saidLocal Bond Law.

Director Chegwidden stated: “The Public Hearing is now open.”

There were no public comments, and the Director declared the PublicHearing closed.





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(4)Director Chegwidden stated: “We will now consider for final

adoption the ordinance entitled ‘BOND ORDINANCE OF THE COUNTY OF MORRIS,NEW JERSEY, APPROPRIATING $100,000 AND AUTHORIZING THE ISSUANCE OF $95,000BONDS OR NOTES OF THE COUNTY FOR THE REPLACEMENT OF HVAC EQUIPMENT ATVARIOUS COUNTY FACILITIES, BY AND FOR THE COUNTY OF MORRIS, NEW JERSEY.’”


BE IT ORDAINED BY THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OFMORRIS, NEW JERSEY (not less than two-thirds of all the members thereofaffirmatively concurring), AS FOLLOWS:

Section 1. The improvements described in Section 3 of this bondordinance are hereby respectively authorized as improvements to be made oracquired by the County of Morris, New Jersey (the “County”). For the saidimprovements or purposes stated in said Section 3, there is herebyappropriated the sum of $100,000, said sum being inclusive of allappropriations heretofore made therefor and including the sum of $5,000 asthe down payment for said improvements or purposes required by law or moreparticularly described in said Section 3 and now available therefore byvirtue of provision in the previously adopted budget or budgets of the Countyfor down payments or for capital improvement purposes.

Section 2. For the financing of said improvements or purposes and tomeet the part of said $100,000 appropriation not provided for by applicationhereunder of said down payment, negotiable bonds of the County are herebyauthorized to be issued in the principal amount of $95,000 pursuant to theLocal Bond Law of New Jersey. In anticipation of the issuance of said bondsand to temporarily finance said improvements or purposes, negotiable notes ofthe County in the principal amount not exceeding $95,000 are herebyauthorized to be issued pursuant to and within the limitations prescribed bysaid Law.

Section 3. (a) The improvements hereby authorized and the purposes

for the financing of which said obligations are to be issued are for theCounty for the replacement of heating, ventilation and air conditioningequipment at various County facilities, including work and materials

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(a) The said purposes described in Section 3 of this bond ordinanceare not current expenses and are each a property or improvement which theCounty may lawfully acquire or make as general improvements, and no part of

the cost thereof has been or shall be specially benefited thereby.


(c) The supplemental debt statement required by said Law has beenduly made and filed in the office of the Clerk of the Board of ChosenFreeholders and a complete executed duplicate thereof has been filed in theoffice of the Director of the Division of Local Government Services in theDepartment of Community Affairs in the State of New Jersey (the “Division”),and such statement shows that the gross debt of the County as defined in saidLaw is increased by the authorization of the bonds and notes provided for in

this bond ordinance by $95,000, and the said obligations authorized by thisbond ordinance will be within all debt limitations prescribed by said Law.

(d) No appropriation for interest on said obligations, costs ofissuing said obligations, engineering costs and other items of expense listedin and permitted under Section 40A:2-20 of said Law is included in theestimated cost of said improvements.



Section 7. The capital budget of the County of Morris is herebyamended to conform with the provisions of this ordinance to the extent of anyinconsistency herewith. The resolution in the form promulgated by the LocalFinance Board showing full detail of the amended capital budget and capitalprogram as approved by the Director of the Division of Local GovernmentServices is on file with the Clerk of the Board of Chosen Freeholders of theCounty of Morris and is available there for public inspection.

Section 8. The County reasonably expects to finance the cost of theimprovements described in Section 3 of this bond ordinance with the proceedsof its debt, including its bonds or notes. If the County pays such costsprior to the issuance of its debt, including bonds or notes, the Countyreasonably expects to reimburse such expenditures with the proceeds of itsdebt, including bonds or notes. The maximum principal amount of its debt,including bonds or notes, to be issued to finance the cost of theimprovements described in Section 3 of this bond ordinance, including amountsto be used to reimburse the County for expenditures with respect to such

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(5)

Director Chegwidden stated: “We will now consider for finaladoption the ordinance entitled ‘BOND ORDINANCE OF THE COUNTY OF MORRIS,NEW JERSEY, APPROPRIATING $200,000 AND AUTHORIZING THE ISSUANCE OF$190,000 BONDS OR NOTES OF THE COUNTY FOR THE REPLACEMENT OF WINDOWS ATVARIOUS COUNTY FACILITIES, BY AND FOR THE COUNTY OF MORRIS, NEW JERSEY.’”



Section 1. The improvements described in Section 3 of this bondordinance are hereby respectively authorized as improvements to be made or

acquired by the County of Morris, New Jersey (the “County”). For the saidimprovements or purposes stated in said Section 3, there is herebyappropriated the sum of $200,000, said sum being inclusive of allappropriations heretofore made therefor and including the sum of $10,000 asthe down payment for said improvements or purposes required by law or moreparticularly described in said Section 3 and now available therefore byvirtue of provision in the previously adopted budget or budgets of the Countyfor down payments or for capital improvement purposes.

Section 2. For the financing of said improvements or purposes and tomeet the part of said $200,000 appropriation not provided for by applicationhereunder of said down payment, negotiable bonds of the County are herebyauthorized to be issued in the principal amount of $190,000 pursuant to theLocal Bond Law of New Jersey. In anticipation of the issuance of said bondsand to temporarily finance said improvements or purposes, negotiable notes ofthe County in the principal amount not exceeding $190,000 are herebyauthorized to be issued pursuant to and within the limitations prescribed bysaid Law.

Section 3. (a) The improvements hereby authorized and the purposes for the financing of which said obligations are to be issued are for theCounty for the replacement of windows at various County facilities,including, but not limited to, the Morris County Courthouse and 30 SchuylerBuilding, including work and materials necessary therefor and incidentalthereto (all as shown on and in accordance with the plans and specificationstherefor on file in the office of the Clerk of the Board of ChosenFreeholders and hereby approved).

(b) The estimated maximum amount of bonds or notes to be issued forsaid purposes is $190,000.

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County may lawfully acquire or make as general improvements, and no part ofthe cost thereof has been or shall be specially benefited thereby.


(c) The supplemental debt statement required by said Law has beenduly made and filed in the office of the Clerk of the Board of ChosenFreeholders and a complete executed duplicate thereof has been filed in theoffice of the Director of the Division of Local Government Services in theDepartment of Community Affairs in the State of New Jersey (the “Division”),and such statement shows that the gross debt of the County as defined in saidLaw is increased by the authorization of the bonds and notes provided for inthis bond ordinance by $190,000, and the said obligations authorized by thisbond ordinance will be within all debt limitations prescribed by said Law.

(d) No appropriation for interest on said obligations, costs of issuingsaid obligations, engineering costs and other items of expense listed in and

permitted under Section 40A:2-20 of said Law is included in the estimatedcost of said improvements.



Section 7. The capital budget of the County of Morris is herebyamended to conform with the provisions of this ordinance to the extent of anyinconsistency herewith. The resolution in the form promulgated by the LocalFinance Board showing full detail of the amended capital budget and capitalprogram as approved by the Director of the Division of Local Government

Services is on file with the Clerk of the Board of Chosen Freeholders of theCounty of Morris and is available there for public inspection.

Section 8. The County reasonably expects to finance the cost of theimprovements described in Section 3 of this bond ordinance with the proceedsof its debt, including its bonds or notes. If the County pays such costsprior to the issuance of its debt, including bonds or notes, the Countyreasonably expects to reimburse such expenditures with the proceeds of itsdebt, including bonds or notes. The maximum principal amount of its debt,including bonds or notes, to be issued to finance the cost of theimprovements described in Section 3 of this bond ordinance, including amountsto be used to reimburse the County for expenditures with respect to suchcosts which are paid prior to the issuance of its debt, including bonds ornotes, is $190,000.

Section 9. This bond ordinance shall take effect twenty (20) daysafter the first publication thereof after final adoption, as provided by said

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Freeholder Murphy moved that the Clerk be authorized to publish theOrdinance in summary form and notification of its passage in the localnewspaper in accordance with the law. Freeholder Cabana seconded the

motion, which passed with seven YES votes.

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adoption the ordinance entitled ‘BOND ORDINANCE OF THE COUNTY OF MORRIS,NEW JERSEY, APPROPRIATING $645,000 AND AUTHORIZING THE ISSUANCE OF$614,000 BONDS OR NOTES OF THE COUNTY FOR the ACQUISITION OF REPLACEMENTVEHICLES AND EQUIPMENT, BY AND FOR THE COUNTY OF MORRIS, NEW JERSEY.’”



Section 1. The improvements described in Section 3 of this bondordinance are hereby respectively authorized as improvements to be made oracquired by the County of Morris, New Jersey (the “County”). For the saidimprovements or purposes stated in said Section 3, there is herebyappropriated the sum of $645,000 said sum being inclusive of allappropriations heretofore made therefor and including the sum of $31,000 asthe down payment for said improvements or purposes required by law or moreparticularly described in said Section 3 and now available therefore byvirtue of provision in the previously adopted budget or budgets of the Countyfor down payments or for capital improvement purposes.

Section 2. For the financing of said improvements or purposes and tomeet the part of said $645,000 appropriation not provided for by applicationhereunder of said down payment, negotiable bonds of the County are herebyauthorized to be issued in the principal amount of $614,000 pursuant to theLocal Bond Law of New Jersey. In anticipation of the issuance of said bondsand to temporarily f inance said improvements or purposes, negotiable notes of theCounty in the principal amount not exceeding $614,000 are hereby authorized to beissued pursuant to and within the limitations prescribed by said Law.

Section 3. (a) The improvements hereby authorized and the purposesfor the financing of which said obligations are to be issued are for theacquisition of replacement and equipment for the Department of Public Works –Roads and Bridges, Motor Service Center, and Shade Tree Divisions, includingall work, materials and equipment necessary therefor and incidental thereto(all as shown on and in accordance with the plans and specifications thereforon file in the office of the Clerk of the Board of Chosen Freeholders andhereby approved).

(b) The estimated maximum amount of bonds or notes to be issued forsaid purposes is $614,000.

(c) The estimated cost of said purposes is $645,000 which amountrepresents the initial appropriation made by the County. The excess of theappropriation of $645,000 over the estimated maximum amount of bonds or notesto be issued therefor being the amount of said $31,000 down payment for saidpurposes.


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office of the Director of the Division of Local Government Services in theDepartment of Community Affairs in the State of New Jersey (the “Division”),and such statement shows that the gross debt of the County as defined in saidLaw is increased by the authorization of the bonds and notes provided for inthis bond ordinance by $614,000, and the said obligations authorized by thisbond ordinance will be within all debt limitations prescribed by said Law.

(d) No appropriation for interest on said obligations, costs of issuingsaid obligations, engineering costs and other items of expense listed in andpermitted under Section 40A:2-20 of said Law is included in the estimatedcost of said improvements.

Section 5. Any funds from time to time received by the County ascontributions-in-aid of financing the improvements or purposes described inSection 3 of this ordinance shall be used for financing said improvements orpurposes by application thereof either to direct payment of the cost of saidimprovements or purposes, or to payment or reduction of the authorization ofthe obligations of the County authorized therefor by this bond ordinance.Any such funds so received may, and all such funds so received which are not

required for direct payment of the cost of said improvements or purposesshall, be held and applied by the County as funds applicable only to thepayment of obligations of the County authorized by this bond ordinance.


Section 7. The capital budget of the County of Morris is herebyamended to conform with the provisions of this ordinance to the extent of anyinconsistency herewith. The resolution in the form promulgated by the LocalFinance Board showing full detail of the amended capital budget and capitalprogram as approved by the Director of the Division of Local GovernmentServices is on file with the Clerk of the Board of Chosen Freeholders of theCounty of Morris and is available there for public inspection.

Section 8. The County reasonably expects to finance the cost of theimprovements described in Section 3 of this bond ordinance with the proceedsof its debt, including its bonds or notes. If the County pays such costsprior to the issuance of its debt, including bonds or notes, the Countyreasonably expects to reimburse such expenditures with the proceeds of itsdebt, including bonds or notes. The maximum principal amount of its debt,including bonds or notes, to be issued to finance the cost of the

improvements described in Section 3 of this bond ordinance, including amountsto be used to reimburse the County for expenditures with respect to suchcosts which are paid prior to the issuance of its debt, including bonds ornotes, is $614,000.

Section 9. This bond ordinance shall take effect twenty (20) daysafter the first publication thereof after final adoption, as provided by saidLocal Bond Law.




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adoption the ordinance entitled ‘GUARANTY ORDINANCE SECURING THE MORRISCOUNTY IMPROVEMENT AUTHORITY’S COUNTY OF MORRIS GUARANTEED POOLED PROGRAMBONDS SERIES 2012 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED$30,200,000.’”



WHEREAS, The Morris County Improvement Authority (including anysuccessors and assigns, the "Authority") has been duly created by resolutionno. 42 entitled "Resolution of the Board of Chosen Freeholders of MorrisCounty, New Jersey creating the Morris County Improvement Authority" dulyadopted by the Board of Chosen Freeholders (the "Morris County Board ofFreeholders") of the County of Morris (the "County of Morris") in the Stateof New Jersey (the "State") on April 10, 2002 as a public body corporate andpolitic of the State pursuant to and in accordance with the countyimprovement authorities law, constituting Chapter 183 of the Pamphlet Laws of1960 of the State, and the acts amendatory thereof and supplemental thereto(the "Act") and other applicable law;

WHEREAS, the Authority is authorized by law, to purchase, lease orotherwise acquire public facilities for the benefit of certain localgovernmental units located within, without and including the County ofMorris;

WHEREAS, the Authority is authorized by law to finance publicfacilities through the acquisition of debt, including without limitation (i)the general obligation bonds in a not to exceed aggregate principal amount of

approximately $8,500,000 (the “County Chapter 12 Bonds”), (ii) the generalobligation bonds in an aggregate principal amount of approximately $5,200,000(the "Chester Bond") of the Borough of Chester, in the County of Morris (the“Borough of Chester” and together with the County of Morris, each a “LocalUnit” and collectively, the “Local Units”) and (iii) lease revenue bonds ofthe Authority;

WHEREAS, on August 30, 2011 the Authority issued its County of MorrisGuaranteed Pooled Program Bonds, Series 2011" (the "Series 2011 PooledProgram Bonds”) and “County of Morris Guaranteed Pooled Program Notes, Series2011” (the “Series 2011 Pooled Program Notes” and together with the Series2011 Pooled Program Bonds, the “Series 2011 Obligations”) for the acquisitionof, respectively, the Authority's "Lease Revenue Bonds, Series 2011A" (the

“Series 2011 Lease Revenue Bonds”) and the Authority’s “Lease Revenue Notes,Series 2011A (the “Series 2011 Lease Revenue Notes”) for the purpose of,among other local unit projects, a portion of the acquisition andinstallation of certain capital equipment and the acquisition, construction,renovation and installation of certain property and infrastructureimprovements (collectively, the "County of Morris Public Safety Project") atthe facility located in Parsippany-Troy Hills as Block 7, Lot 2 (the “ProjectProperty”), as more fully set forth on Exhibit A to that certain Property andInfrastructure Lease Purchase Agreement entered into between the Authorityand the County as a Local Unit in connection therewith (collectively, the"Original Lease Agreement");

WHEREAS, the County desires to (i) refund the Authority Series 2011Lease Revenue Note and finance the balance of the County of Morris PublicSafety Project (collectively, the “Series 2012 County Project”) through theissuance of Authority Lease Revenue Bonds, Series 2012 (the “Series 2012Lease Revenue Bonds” and together with the Series 2011 Authority Lease

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WHEREAS, the Borough of Chester has (i) heretofore issued bondanticipation notes for various projects as set forth in the several bondordinances (the “Borough of Chester Prior Notes”) and now desires to refundthe Borough of Chester Prior Notes and (ii) finally adopted a new bondordinance for additional projects (collectively, the "Borough of ChesterProject" and together with the Series 2012 County Project and the County

Chapter 12 Project, the “Series 2012 Projects”) all as set forth on Exhibit Ato an agreement (the "Borough of Chester Loan Agreement" and together with theCounty Loan Agreement, the “Loan Agreements”) by and between the Borough ofChester and the Authority;

WHEREAS, the Authority Series 2012 Lease Revenue Bonds will be issuedpursuant to the terms of the Authority's bond resolution entitled "RESOLUTIONAUTHORIZING THE ISSUANCE OF LEASE REVENUE BONDS OF THE MORRIS COUNTYIMPROVEMENT AUTHORITY" as amended and supplemented by a Certificate of anAuthorized Officer of the Authority dated August 30, 2011, as further amendedand supplemented by a Certificate of an Authorized Officer of the Authoritydated the date of issuance of the Series 2012 Lease Revenue Bonds(collectively, the “Lease Revenue Bone Resolution”, the Act and otherapplicable law;

WHEREAS, the Borough of Chester Bonds will be issued pursuant to theseveral bond ordinances of the Borough of Chester, a resolution of theBorough of Chester (the "Borough of Chester Bond Resolution") and otherapplicable law;

WHEREAS, the principal of, and interest on the Authority Series 2012Lease Revenue Bonds shall be paid from certain rental payments made by theCounty of Morris in accordance with the terms of the Original LeaseAgreement, as amended and supplemented by that certain Amendment No. 1 toLease Agreement (the “Lease Amendment No. 1” and together with the OriginalLease Agreement, the “Lease Agreement”) and as otherwise set forth in theLease Revenue Bond Resolution;

WHEREAS, pursuant to the terms of the Lease Agreement, the Authoritycontemplates taking nominal title to the County of Morris Public SafetyProject for the term set forth therein, then leasing the County of MorrisPublic Safety Project to the County for the term set forth therein, at whichtime the Authority will convey all of its right, title and interest in and tothe County of Morris Public Safety Project to the County for nominalconsideration;

WHEREAS, pursuant to the terms of the County Loan Agreement, the Countywill acquire or retain, as the case may be, all right, title and interest tothe County Chapter 12 Project, and the Authority acquires no interest thereinexcept as may be expressly set forth in the County Loan Agreement;

WHEREAS, the principal of, and interest on the County Chapter 12 Bondsshall be paid from general obligation payments of the County;

WHEREAS, pursuant to the terms of the Borough of Chester LoanAgreement, the Borough of Chester will acquire or retain, as the case may be,all right, title and interest to the Borough of Chester Project, and theAuthority acquires no interest therein except as may be expressly set forthin the Borough of Chester Loan Agreement;

WHEREAS, the principal of, and interest on the Borough of Chester Bondsshall be paid from general obligation payments of the Borough of Chester;

WHEREAS, the Authority shall deposit the proceeds of the AuthoritySeries 2012 Lease Revenue Bonds issued under the Lease Revenue BondResolution with U.S. Bank National Association, the trustee designated underthe Lease Revenue Bond Resolution (the "Lease Revenue Trustee") to pay the

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Bond Resolution with the Pooled Trustee, as an equity contribution, to paythe cost of: (i) certain accrued interest attributable to the Borough ofChester Bonds or the County Chapter 12 Bonds, as the case may be, to theextent set forth in the Pooled Program Bond Resolution; (ii) certain costs ofissuance attributable to the Borough of Chester Bonds and the County Chapter12 Bonds to be identified in the hereinafter defined Series 2012 Pooled

Program Bond Resolution; (iii) capitalized interest on the Borough of ChesterBonds and the County Chapter 12 Bonds, if any and (iv) such other items asshall be set forth in the Series 2012 Pooled Program Bond Resolution;

WHEREAS, (i) the Authority Series 2012 Lease Revenue Bonds and theBorough of Chester Bonds will be purchased with the proceeds from theAuthority's "County of Morris Guaranteed Pooled Program Bonds, Series 2012A"(the "Series 2012A Pooled Program Bonds" and (ii) the County Chapter 12 Bondswill be purchased with the proceeds from the Authority’s “County of MorrisGuaranteed Pooled Program Bonds, Series 2012B” (the “Series 2012B PooledProgram Bonds” and together with the Series 2012A Pooled Program Bonds, the“Series 2012 Pooled Program Bonds” to be issued under the Authority bondresolution entitled "RESOLUTION AUTHORIZING THE ISSUANCE OF COUNTY OF MORRISGUARANTEED POOLED PROGRAM BONDS OF THE MORRIS COUNTY IMPROVEMENT AUTHORITY"(the "Series 2012 Pooled Program Bond Resolution" and together with the LeaseRevenue Bond Resolution, the “Bond Resolutions”);

WHEREAS, the Series 2012A Bonds may be divided into two separate seriesshould the need arise due to structuring of Chester’s debt service;

WHEREAS, the Authority Series 2012 Pooled Program Bonds and theAuthority Series 2012 Lease Revenue Bonds shall be collectively referred toas, the "Bonds";

WHEREAS, the issuance of the Authority Series 2012 Pooled Program Bondsfor the purpose of acquiring the Privately Placed Bonds to finance the Series2012 Projects shall collectively be referred to as the "Project");

WHEREAS, the principal of, redemption premium, if any, and interest onthe Authority Series 2012A Pooled Program Bonds shall be secured by thepledge of the Series 2012A Trust Estate as defined in the Series 2012 PooledProgram Bond Resolution by the Authority to the U.S. Bank NationalAssociation, the Pooled Trustee named therein (the "Pooled Trustee" andtogether with the Lease Revenue Trustee, the “Trustees”), which Series 2012ATrust Estate shall include, among other things, the Lease Agreement; the LoanAgreement; the principal of, redemption premium, if any, and interest on theBorough of Chester Bond, the payment on which shall be made by the Borough ofChester in accordance with the Local Bond Law or other law as applicable, andwhich shall be made from the levy of ad valorem taxes upon all the taxableproperty within the jurisdiction of the Borough of Chester, without limitation

as to rate or amount, and which Borough of Chester Bond shall be assigned bythe Authority to the Pooled Trustee as further security for the payment ofthe Series 2012A Pooled Program Bonds in accordance with the terms of theSeries 2012 Pooled Program Bond Resolution and the Loan Agreement; and theprincipal of, redemption premium, if any, and interest on the AuthoritySeries 2012A Lease Revenue Bonds and which Authority Series 2012A LeaseRevenue Bonds shall be assigned by the Authority to the Pooled Trustee asfurther security for the payment of the Series 2012A Pooled Program Bonds inaccordance with the terms of the Series 2012 Pooled Program Bond Resolutionand the Lease Agreement, which payments under the Lease Agreement shall bemade from the levy of ad valorem taxes upon all the taxable property within thejurisdiction of the County of Morris, without limitation as to rate or amount;

WHEREAS, the principal of, redemption premium, if any, and interest onthe Authority Series 2012B Pooled Program Bonds shall be secured by thepledge of the Series 2012B Trust Estate as defined in the Series 2012 PooledProgram Bond Resolution by the Authority to the Pooled Trustee which Series

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Program Bonds, to be issued in two or more series as bond and/or notes(including the Series 2012A Pooled Program Bonds and the Series 2012B PooledProgram Bonds), shall be fully, unconditionally and irrevocably guaranteed inan aggregate principal amount not to exceed $30,200,000 in accordance with(i) the terms of one or more guaranty ordinances of the County (which shallin the aggregate total to $30,200,000) to be finally adopted by the Morris

County Board of Freeholders, (ii) by a guaranty certificate to be executed byan authorized officer of the County on the face of each Series 2012 PooledProgram Bond and (iii) as may be required by any rating agency, underwriter,Series 2012 Pooled Program Bond purchaser or other entity that will allow theAuthority to sell the Authority Series 2012 Pooled Program Bonds at thelowest possible cost to the Local Units, an agreement setting forth theCounty’s obligation to make any such guaranty payments in accordance with andwithin the parameters set forth in this ordinance (collectively, the "Series2012 County Guaranty"), all pursuant to Section 37 ("Section 37") of the Act(N.J.S.A. 40:37A-80) and other applicable law, which payments shall also beincluded as part of the Trust Estate (as defined in the Pooled BondResolution”) applicable to the Authority Series 2012 Pooled Program Bondspledged by the Authority to the Pooled Trustee under the Series 2012 PooledProgram Bond Resolution;

WHEREAS, a guaranty ordinance securing the payment of the principal of(including mandatory sinking fund installments, if any) and interest on theportion of the Series 2012A Pooled Program Bonds relating to the purchase ofSeries 2012 Lease Revenue Bond in a not to exceed amount of $37,700,000 waspreviously adopted on June 8, 2011, as amended on July 13, 2011 (the “Series2011 County Guaranty Ordinance”) to secure the Series 2011 Obligations;

WHEREAS, since the County has determined that for clarity purposes itis necessary to adopt the Series 2012 County Guaranty for the Series 2012Pooled Program Bonds, the portion of the Series 2011 County GuarantyOrdinance that has been authorized for the Series 2012 Project that remainsauthorized but unissued and deemed no longer necessary, after the issuance of

the Series 2012 Pooled Program Bonds, shall be removed from the books of theCounty;

WHEREAS, in accordance with the terms of the Lease Revenue BondResolution, the Series 2012 Pooled Program Bond Resolution, the Series 2012County Guaranty, the Lease Agreement and the Loan Agreements, the Trusteeshall not notify the County of the possible need for payments from the Countyunder the Series 2012 County Guaranty to pay all of a portion of theprincipal of and interest on the Authority Series 2012 Pooled Program Bondswhen due until the respective payment dates for the Local Units under theirPrivately Placed Bonds, Lease Agreement and Loan Agreements shall have passedand the Local Units shall have failed to make their required paymentsthereunder in full;

WHEREAS, pursuant to the terms of the Lease Agreement and the LoanAgreements, those Local Units constituting "materially obligated persons"within the meaning and for the purposes set forth in Rule 15c2-12 ("Rule15c2-12") promulgated by the Securities and Exchange Commission (the "SEC")pursuant to the Securities and Exchange Act of 1934, as amended, will berequired to enter into those certain "Local Unit Continuing DisclosureAgreements" to be dated as of the first day of the month of issuance of thePrivately Placed Bonds (as the same may be amended and supplemented from timeto time in accordance with their respective terms, the "Local Unit ContinuingDisclosure Agreements") with the Authority and the Trustee, as disseminationagent (the "Dissemination Agent") in order to satisfy the secondary marketdisclosure requirements of Rule 15c2-12;

WHEREAS, pursuant to the terms of the Series 2012 Pooled Program BondResolution, as a "materially obligated person" within the meaning and for thepurposes set forth in Rule 15c2-12, the County of Morris will be required to

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alternatively, may need to execute the Local Unit Continuing DisclosureAgreements and/or the County Continuing Disclosure Agreement, and (b) shallbe required to provide such material events notices under the terms of theLocal Unit Continuing Disclosure Agreements and the County ContinuingDisclosure Agreement, all in order to satisfy the secondary market disclosurerequirements of Rule 15c2-12 (the "Authority Continuing Disclosure Agreement"

and together with the Local Unit Continuing Disclosure Agreements and theCounty Continuing Disclosure Agreement, the "Continuing DisclosureAgreements");

WHEREAS, in order to market and sell the Bonds in one or more series,the Authority will have to (i) make an application (the "Local Finance BoardApplication") to, and seek, obtain, and officially recognize the findingsfrom the Local Finance Board (the "Local Finance Board") in the Department ofLocal Government Services of the State Department of Community Affairs, allin accordance with N.J.S.A. 40A:5A-6, 7 and 8 of the Local Authorities FiscalControl Law and in connection with the Authority Series 2012 Lease RevenueBonds and the Authority Series 2012 Pooled Program Bonds, which Local FinanceBoard Application, hearing and process shall to the extent permitted byapplicable law, incorporate the requests for approval by the Local FinanceBoard of certain matters related to the County Chapter 12 Bonds and theBorough of Chester Bonds, (ii) authorize the distribution of a preliminaryofficial statement "deemed final" within the meaning and for the purposes ofRule 15c2-12 describing the terms of the Authority Series 2012 Pooled ProgramBonds, the Project and the other transactions contemplated hereby (the"Preliminary Official Statement"), (iii) upon the direction of the Chairman,either sell the Series 2012 Pooled Bonds by competitive sale through a noticeof sale (“Notice of Sale”) or select an underwriter to purchase all of theSeries 2012 Pooled Bonds (the “Underwriter”) and enter into one or more bondpurchase agreements with one or more underwriters (the "Underwriter")selected by the Authority in accordance with its policy for the selection ofunderwriters as established by Authority resolution No 02-10 adopted July 24,2002 and entitled "RESOLUTION ADOPTING A POLICY FOR THE SELECTION OF

UNDERWRITERS AND OTHER ANCILLARY SERVICE PROVIDERS IN CONNECTION WITH THESALE OF SECURITIES" (the “Underwriter Selection Policy”) and a fair and openprocess for the sale of all of the Authority’s Series 2012 Pooled ProgramBonds (the "Bond Purchase Agreement"), (iv) execute and deliver a finalOfficial Statement incorporating the terms of the sale of the AuthoritySeries 2012 Pooled Program Bonds and certain other information into thePreliminary Official Statement (the "Official Statement"), (v) obtain therequired resolutions and ordinances of the Local Units necessary in order toauthorize the Projects and the financing of the Projects through theAuthority Series 2012 Pooled Program Bonds (the "Local Unit OfficialAction"), (vi) cause the Local Units to make certain representations,warranties and covenants concerning the Projects, the Privately Placed Bondsand the other transactions contemplated hereby prior to their respectiveexecution and delivery of the Lease Agreement and Loan Agreements, but nolater than the execution and delivery of the Bond Purchase Agreement (the"Local Unit Letter of Representations") and (vii) cause the Local Units tomake certain representations, warranties and covenants concerning theapplicable Projects and Privately Placed Bonds, the use of the fundsattributable to the Projects and the transactions contemplated hereby priorto their respective execution and delivery of the Lease Agreement and LoanAgreements, but no later than the execution and delivery of the Bond PurchaseAgreement, all in connection with preserving the exclusion of the interest ofthe Bonds from the gross income of the holders thereof for federal income taxpurposes (the "Local Unit Tax Letter of Representations" and together withthe Preliminary Official Statement, the Bond Purchase Agreement, the OfficialStatement and the Local Unit Letter of Representations, the "SaleDocuments");

WHEREAS, the Authority shall have no obligation with respect to theProject other than the financing thereof; accordingly, the payment of the

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County and the Borough of Chester may advise, such Authorized Officer’sexecution and delivery thereof of all financing documents in connection withthe combined or separate issuance shall be dispositive of any such changesthereto; 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 Bonds, the Authority willhave made a detailed report of the Project to the Board of Freeholders, whichreport will include, without limitation, descriptions of the Series 2012Pooled Program Bond Resolution, the Series 2012 Supplemental Lease RevenueBond Resolution, the Bonds, the form of the Lease Agreement, the form of theGround Lease Agreement, the form of the Loan Agreement, the master forms ofthe Continuing Disclosure Agreements, and if necessary, desirable orconvenient as determined by the Authority and the County of Morris, suchother applicable agreements that may include one or more of the Local FinanceBoard Application or any Sale Documents (collectively, the "FinancingDocuments").

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF CHOSEN FREEHOLDERS OFTHE COUNTY OF MORRIS, NEW JERSEY, as follows:

Section 1. This guaranty ordinance shall be adopted by the governingbody of the County in the manner provided for adoption of a bond ordinance asprovided in the Local Bond Law, constituting Chapter 169 of the Pamphlet Lawsof 1960 of the State, as amended (the "Local Bond Law").

Section 2. Pursuant to and in accordance with the terms of the Act,specifically Section 37, the County is hereby authorized to and hereby shallfully, unconditionally and irrevocably guarantee the punctual payment of theprincipal, when due, of (including sinking fund installments, if any) andinterest on the Series 2012 Pooled Program Bonds in an aggregate principalamount not exceeding $30,200,000, which Series 2012 Pooled Program Bonds areto be issued to finance the Project as described in the preambles hereof.

Notwithstanding the provisions of any other Financing Document, upon theendorsement of the Series 2012 Pooled Program Bonds referred to in Section 3below by an authorized officer of the County, the County shall beunconditionally and irrevocably obligated to pay, when due, the principal of(including sinking fund installments, if any) and interest on the Series 2012Pooled Program Bonds to the extent the Trustee, for any reason, hasinsufficient monies on any such payment dates to pay the principal of andinterest on the Series 2012 Pooled Program Bonds in full when due on any suchpayment dates, in the same manner and to the same extent as in the case ofbonds issued by the County and accordingly, the County shall beunconditionally and irrevocably obligated to levy ad valorem taxes upon allthe taxable property within the County for the payment thereof withoutlimitation as to rate or amount. This unconditional and irrevocable guarantyof the County effected hereby to pay the principal of (including sinking fundinstallments, if any) and interest on the Series 2012 Pooled Program Bondswhen due in accordance with the terms hereof and of the Financing Documentsmay not be waived, setoff or otherwise abrogated by action or inaction of theAuthority, the County or for any other reason.

Section 3. The Director of the Board of Freeholders (the “FreeholderDirector”) shall, by manual or facsimile signature, and is hereby directed toexecute an endorsement on each of the Series 2012 Pooled Program Bondsevidencing this guaranty by the County as to the punctual payment of theprincipal of (including sinking fund installments, if any), when due, andinterest thereon. The endorsement on each Series 2012 Pooled Program Bondshall be in substantially the following form, and absent the fully executedendorsement in such following form on any such Series 2012 Pooled Program

Bond, such Series 2012 Pooled Program Bond shall not be entitled to thebenefits of this guaranty ordinance:

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and if necessary the County shall levy ad valorem taxes upon all the taxableproperty within the County without limitation as to rate or amount in orderto make such payments.

IN WITNESS WHEREOF, the County has caused this Series 2012 CountyGuaranty to be executed by the manual or facsimile signature of its

Freeholder Director.

COUNTY OF MORRIS, NEW JERSEY

By:____________________Freeholder Director”

The Freeholder Director is hereby further authorized to execute oracknowledge such other certificates or agreement relating to this full,

irrevocable and unconditional guaranty that may be required by the Authorityto comply with the terms of the Financing Documents, including withoutlimitation, any agreement or certificate detailing the time and method thatpayment under this guaranty shall be made by the County. Such furtheragreement or certificate shall not in any manner relieve the County from itsobligations hereunder, and shall contain only such terms as are consistentwith or within the parameters herein set forth.

Section 4. It is hereby found, determined and declared by thegoverning body of the County that:

(a) This guaranty ordinance may be adopted notwithstanding anystatutory debt or other limitations, including particularly any limitation orrequirement under or pursuant to the Local Bond Law, but the aggregateprincipal amount of the Series 2012 Pooled Program Bonds which shall beentitled to the benefits of this guaranty ordinance, being an amount not toexceed $30,200,000, shall, after their issuance, be included in the grossdebt of the County for the purpose of determining the indebtedness of theCounty under or pursuant to the Local Bond Law.

(b) The principal amount of Series 2012 Pooled Program Bonds entitledto the benefits of this guaranty ordinance and included in the gross debt ofthe County shall be deducted and is hereby declared to be and to constitute adeduction from such gross debt under and for all the purposes of the LocalBond Law (i) from and after the time of issuance of the Series 2012 PooledProgram Bonds until the end of the fiscal year beginning next after thecompletion of acquisition, construction, installation or renovation of the

Project, and (ii) in any annual debt statement filed pursuant to the LocalBond Law as of the end of said fiscal year or any subsequent fiscal year ifthe revenues or other receipts or moneys of the Authority in such year(including amounts payable pursuant to the Local Unit Bonds) are sufficientto pay its expenses of operation and maintenance in such year and all amountspayable in such year on account of the principal of and interest on all suchguaranteed Series 2012 Pooled Program Bonds, all bonds of the County issuedas provided in Section 36 of the Act (N.J.S.A. 40:37A-79) and all bonds ofthe Authority issued under the Act.


(a) The maximum principal amount of Series 2012 Pooled Program Bonds(including one or more series of bonds and one or mores series of bondanticipation notes issued in anticipation thereof) of the Authority which areh b d h d f ll diti ll d i bl t d t

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(c) A supplemental debt statement of the County has been duly made and

filed in the office of the Clerk of the Board, and a complete executedduplicate thereof has been filed in the office of the Director of theDivision of Local Government Services in the Department of Community Affairsof the State, and such debt statement shows that while the gross debt of the

County, as defined in the Local Bond Law, is increased by this guarantyordinance by $30,200,000 in accordance with the provisions of the Act, thenet debt of the County is not increased, and the obligation of the Countyauthorized by or incurred pursuant to the terms of this guaranty ordinance ispermitted by an exception to the debt limitations of the Local Bond Law whichexception is contained in the Act, so long as the payment obligations of theCounty hereunder are not called upon.

(d) Other than the publication requirements set forth below, allother items to be contained in a bond ordinance adopted pursuant to the LocalBond Law are hereby determined to be inapplicable to the County's guaranty ofthe Series 2012 Pooled Program Bonds hereby.

Section 6. To the extent the Authority determines that it is in thebest interest of the Authority and the County, the Authority is herebyauthorized to finance the Project as separate issues through one or moreseparate series of Series 2012 Pooled Program Bonds consisting of notes andbonds which in the aggregate shall not exceed $30,200,000. Such series ofSeries 2012 Pooled Program Bonds (consisting of notes and bonds) shall beentitled to the benefits of this Series 2012 County Guaranty in an aggregateamount not to exceed $30,200,000.

Section 7. To the extent the Series 2012 Pooled Program Bonds (or anyportion thereof) are not issued in 2012 references herein to “2012” maywithout any further action be changed to the year of issuance of such Series2012 Pooled Program Bonds and all dates related to such year of issuanceshall be automatically adjusted.

Section 8. If any part(s) of this ordinance shall be deemed invalid,such part(s) shall be severed and the invalidity thereby shall not affect theremaining parts of this ordinance.

Section 9. This guaranty ordinance shall take effect at the time andin the manner provided by law.

Section 10. A public hearing shall be held on this guaranty ordinanceon __________, 2012 at 7:30 p.m. in the Freeholder Meeting Room, 5 th Floor,Administration and Records Building, Morristown, New Jersey.

Section 11. The Clerk of the Board of Freeholders is hereby directed

to publish and post notice of this guaranty ordinance as required byapplicable law, including the Act and Local Bond Law.

Section 12. Upon the adoption hereof, the Clerk of the Board ofFreeholders shall forward certified copies of this resolution to JohnBonanni, County Administrator and Chairman of the Authority, Daniel W.O’Mullan, Esq., County Counsel and Stephen B. Pearlman, Esq., Counsel to theAuthority.



Freeholder Murphy moved that the ordinance under consideration beadopted on the second and final reading. Freeholder Cabana seconded themotion

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(8)

Director Chegwidden stated: “We will now consider for finaladoption the ordinance entitled ‘AN ORDINANCE AMENDING AN ORDINANCEENTITLED “AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITHTHE MORRIS COUNTY IMPROVEMENT AUTHORITY AND AUTHORIIZNG OTHER NECESSARY

ACTION IN CONNECTION WITH THE PROJECT FINANCED BY THE COUNTY OF MORRISGUARANTEED POOLED PROGRAM BONDS AND NOTES” ADOPTED JUNE 8, 2011 TOAUTHIORIZE THE EXECUTION OF AN AMENDMENT NO. 1 TO LEASE AGREEMENT WITH THEMORRIS COUNTY IMPROVEMENT AUTHORITY AND AUTHORIZING OTHER NECESSARY ACTIONIN CONNECTION WITH THE PROJECT FINANCED BY THE COUNTY OF MORRIS GUARANTEEDPOOLED PROGRAM BONDS, SERIES, 2012.’”


WHEREAS, The Morris County Improvement Authority (including anysuccessors and assigns, the "Authority") has been duly created by resolutionno. 42 entitled "Resolution of the Board of Chosen Freeholders of MorrisCounty, New Jersey creating the Morris County Improvement Authority" dulyadopted by the Board of Chosen Freeholders (the "Morris County Board ofFreeholders") of the County of Morris (the "County of Morris") in the Stateof New Jersey (the "State") on April 10, 2002 as a public body corporate andpolitic of the State pursuant to and in accordance with the countyimprovement authorities law, constituting Chapter 183 of the Pamphlet Laws of1960 of the State, and the acts amendatory thereof and supplemental thereto(the "Act") and other applicable law;

WHEREAS, the Authority is authorized by law, to purchase, lease orotherwise acquire public facilities for the benefit of certain localgovernmental units located within, without and including the County ofMorris;

WHEREAS, the Authority is authorized by law to finance public

facilities through the acquisition of debt, including without limitation (i)the general obligation bonds in a not to exceed aggregate principal amount ofapproximately $8,500,000 (the “County Chapter 12 Bonds”), (ii) the generalobligation bonds in an aggregate principal amount of approximately $5,200,000(the "Chester Bond") of the Borough of Chester, in the County of Morris (the“Borough of Chester” and together with the County of Morris, each a “LocalUnit” and collectively, the “Local Units”) and (iii) lease revenue bonds ofthe Authority;

WHEREAS, on August 30, 2011 the Authority issued its County of MorrisGuaranteed Pooled Program Bonds, Series 2011" (the "Series 2011 PooledProgram Bonds”) and “County of Morris Guaranteed Pooled Program Notes, Series2011” (the “Series 2011 Pooled Program Notes” and together with the Series

2011 Pooled Program Bonds, the “Series 2011 Obligations”) for the acquisitionof, respectively, the Authority's "Lease Revenue Bonds, Series 2011A" (the“Series 2011 Lease Revenue Bonds”) and the Authority’s “Lease Revenue Notes,Series 2011A (the “Series 2011 Lease Revenue Notes”) for the purpose of,among other local unit projects, a portion of the acquisition andinstallation of certain capital equipment and the acquisition, construction,renovation and installation of certain property and infrastructureimprovements (collectively, the "County of Morris Public Safety Project") atthe facility located in Parsippany-Troy Hills as Block 7, Lot 2 (the “ProjectProperty”), as more fully set forth on Exhibit A to that certain Property andInfrastructure Lease Purchase Agreement entered into between the Authorityand the County as a Local Unit in connection therewith (collectively, the"Original Lease Agreement");

WHEREAS, the County desires to (i) refund the Authority Series 2011Lease Revenue Note and finance the balance of the County of Morris PublicSafety Project (collectively, the “Series 2012 County Project”) through the

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WHEREAS, the Borough of Chester has (i) heretofore issued bondanticipation notes for various projects as set forth in the several bondordinances (the “Borough of Chester Prior Notes”) and now desires to refundthe Borough of Chester Prior Notes and (ii) finally adopted a new bondordinance for additional projects (collectively, the "Borough of ChesterProject" and together with the Series 2012 County Project and the County

Chapter 12 Project, the “Series 2012 Projects”) all as set forth on Exhibit Ato an agreement (the "Borough of Chester Loan Agreement" and together withthe County Loan Agreement, the “Loan Agreements”) by and between the Boroughof Chester and the Authority;

WHEREAS, the Authority Series 2012 Lease Revenue Bonds will be issuedpursuant to the terms of the Authority's bond resolution entitled "RESOLUTIONAUTHORIZING THE ISSUANCE OF LEASE REVENUE BONDS OF THE MORRIS COUNTYIMPROVEMENT AUTHORITY" as amended and supplemented by a Certificate of anAuthorized Officer of the Authority dated August 30, 2011, as further amendedand supplemented by a Certificate of an Authorized Officer of the Authoritydated the date of issuance of the Series 2012 Lease Revenue Bonds(collectively, the “Lease Revenue Bone Resolution”, the Act and otherapplicable law;

WHEREAS, the Borough of Chester Bonds will be issued pursuant to theseveral bond ordinances of the Borough of Chester, a resolution of theBorough of Chester (the "Borough of Chester Bond Resolution") and otherapplicable law;

WHEREAS, the principal of, and interest on the Authority Series 2012Lease Revenue Bonds shall be paid from certain rental payments made by theCounty of Morris in accordance with the terms of the Original LeaseAgreement, as amended and supplemented by that certain Amendment No. 1 toLease Agreement (the “Lease Amendment No. 1” and together with the OriginalLease Agreement, the “Lease Agreement”) and as otherwise set forth in theLease Revenue Bond Resolution;

WHEREAS, pursuant to the terms of the Lease Agreement, the Authoritycontemplates taking nominal title to the County of Morris Public SafetyProject for the term set forth therein, then leasing the County of MorrisPublic Safety Project to the County for the term set forth therein, at whichtime the Authority will convey all of its right, title and interest in and tothe County of Morris Public Safety Project to the County for nominalconsideration;

WHEREAS, pursuant to the terms of the County Loan Agreement, the Countywill acquire or retain, as the case may be, all right, title and interest tothe County Chapter 12 Project, and the Authority acquires no interest thereinexcept as may be expressly set forth in the County Loan Agreement;

WHEREAS, the principal of, and interest on the County Chapter 12 Bondsshall be paid from general obligation payments of the County;

WHEREAS, pursuant to the terms of the Borough of Chester LoanAgreement, the Borough of Chester will acquire or retain, as the case may be,all right, title and interest to the Borough of Chester Project, and theAuthority acquires no interest therein except as may be expressly set forthin the Borough of Chester Loan Agreement;

WHEREAS, the principal of, and interest on the Borough of Chester Bondsshall be paid from general obligation payments of the Borough of Chester;

WHEREAS, the Authority shall deposit the proceeds of the AuthoritySeries 2012 Lease Revenue Bonds issued under the Lease Revenue BondResolution with U.S. Bank National Association, the trustee designated underthe Lease Revenue Bond Resolution (the "Lease Revenue Trustee") to pay the

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Bond Resolution with the Pooled Trustee, as an equity contribution, to pay thecost of: (i) certain accrued interest attributable to the Borough of ChesterBonds or the County Chapter 12 Bonds, as the case may be, to the extent setforth in the Pooled Program Bond Resolution; (ii) certain costs of issuanceattributable to the Borough of Chester Bonds and the County Chapter 12 Bondsto be identified in the hereinafter defined Series 2012 Pooled Program Bond

Resolution; (iii) capitalized interest on the Borough of Chester Bonds andthe County Chapter 12 Bonds, if any and (iv) such other items as shall be setforth in the Series 2012 Pooled Program Bond Resolution;

WHEREAS, (i) the Authority Series 2012 Lease Revenue Bonds and theBorough of Chester Bonds will be purchased with the proceeds from theAuthority's "County of Morris Guaranteed Pooled Program Bonds, Series 2012A"(the "Series 2012A Pooled Program Bonds" and (ii) the County Chapter 12 Bondswill be purchased with the proceeds from the Authority’s “County of MorrisGuaranteed Pooled Program Bonds, Series 2012B” (the “Series 2012B PooledProgram Bonds” and together with the Series 2012A Pooled Program Bonds, the“Series 2012 Pooled Program Bonds” to be issued under the Authority bondresolution entitled "RESOLUTION AUTHORIZING THE ISSUANCE OF COUNTY OF MORRISGUARANTEED POOLED PROGRAM BONDS OF THE MORRIS COUNTY IMPROVEMENT AUTHORITY"(the "Series 2012 Pooled Program Bond Resolution" and together with the LeaseRevenue Bond Resolution, the “Bond Resolutions”);

WHEREAS, the Series 2012A Bonds may be divided into two separate seriesshould the need arise due to structuring of Chester’s debt service;

WHEREAS, the Authority Series 2012 Pooled Program Bonds and theAuthority Series 2012 Lease Revenue Bonds shall be collectively referred toas, the "Bonds";

WHEREAS, the issuance of the Authority Series 2012 Pooled Program Bondsfor the purpose of acquiring the Privately Placed Bonds to finance the Series2012 Projects shall collectively be referred to as the "Project");

WHEREAS, the principal of, redemption premium, if any, and interest onthe Authority Series 2012A Pooled Program Bonds shall be secured by thepledge of the Series 2012A Trust Estate as defined in the Series 2012 PooledProgram Bond Resolution by the Authority to the U.S. Bank NationalAssociation, the Pooled Trustee named therein (the "Pooled Trustee" andtogether with the Lease Revenue Trustee, the “Trustees”), which Series 2012ATrust Estate shall include, among other things, the Lease Agreement; the LoanAgreement; the principal of, redemption premium, if any, and interest on theBorough of Chester Bond, the payment on which shall be made by the Borough ofChester in accordance with the Local Bond Law or other law as applicable, andwhich shall be made from the levy of ad valorem taxes upon all the taxableproperty within the jurisdiction of the Borough of Chester, without limitation

as to rate or amount, and which Borough of Chester Bond shall be assigned bythe Authority to the Pooled Trustee as further security for the payment ofthe Series 2012A Pooled Program Bonds in accordance with the terms of theSeries 2012 Pooled Program Bond Resolution and the Loan Agreement; and theprincipal of, redemption premium, if any, and interest on the AuthoritySeries 2012A Lease Revenue Bonds and which Authority Series 2012A LeaseRevenue Bonds shall be assigned by the Authority to the Pooled Trustee asfurther security for the payment of the Series 2012A Pooled Program Bonds inaccordance with the terms of the Series 2012 Pooled Program Bond Resolutionand the Lease Agreement, which payments under the Lease Agreement shall bemade from the levy of ad valorem taxes upon all the taxable property within thejurisdiction of the County of Morris, without limitation as to rate or amount;

WHEREAS, the principal of, redemption premium, if any, and interest onthe Authority Series 2012B Pooled Program Bonds shall be secured by thepledge of the Series 2012B Trust Estate as defined in the Series 2012 PooledProgram Bond Resolution by the Authority to the Pooled Trustee which Series

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Program Bonds, to be issued in two or more series as bond and/or notes(including the Series 2012A Pooled Program Bonds and the Series 2012B PooledProgram Bonds), shall be fully, unconditionally and irrevocably guaranteed inan aggregate principal amount not to exceed $30,200,000 in accordance with (i)the terms of one or more guaranty ordinances of the County (which shall inthe aggregate total to $30,200,000) to be finally adopted by the Morris

County Board of Freeholders, (ii) by a guaranty certificate to be executed byan authorized officer of the County on the face of each Series 2012 PooledProgram Bond and (iii) as may be required by any rating agency, underwriter,Series 2012 Pooled Program Bond purchaser or other entity that will allow theAuthority to sell the Authority Series 2012 Pooled Program Bonds at thelowest possible cost to the Local Units, an agreement setting forth theCounty’s obligation to make any such guaranty payments in accordance with andwithin the parameters set forth in this ordinance (collectively, the "Series2012 County Guaranty"), all pursuant to Section 37 ("Section 37") of the Act(N.J.S.A. 40:37A-80) and other applicable law, which payments shall also beincluded as part of the Trust Estate (as defined in the Pooled BondResolution”) applicable to the Authority Series 2012 Pooled Program Bondspledged by the Authority to the Pooled Trustee under the Series 2012 PooledProgram Bond Resolution;

WHERAS, a guaranty ordinance securing the payment of the principal of(including mandatory sinking fund installments, if any) and interest on theportion of the Series 2012A Pooled Program Bonds relating to the purchase ofSeries 2012 Lease Revenue Bond in a not to exceed amount of $37,700,000 waspreviously adopted on June 8, 2011, as amended on July 13, 2011 (the “Series2011 County Guaranty Ordinance”) to secure the Series 2011 Obligations;

WHEREAS, since the County has determined that for clarity purposes itis necessary to adopt the Series 2012 County Guaranty for the Series 2012Pooled Program Bonds, the portion of the Series 2011 County GuarantyOrdinance that has been authorized for the Series 2012 Project that remainsauthorized but unissued and deemed no longer necessary, after the issuance of

the Series 2012 Pooled Program Bonds, shall be removed from the books of theCounty;

WHEREAS, in accordance with the terms of the Lease Revenue BondResolution, the Series 2012 Pooled Program Bond Resolution, the Series 2012County Guaranty, the Lease Agreement and the Loan Agreements, the Trusteeshall not notify the County of the possible need for payments from the Countyunder the Series 2012 County Guaranty to pay all of a portion of theprincipal of and interest on the Authority Series 2012 Pooled Program Bondswhen due until the respective payment dates for the Local Units under theirPrivately Placed Bonds, Lease Agreement and Loan Agreements shall have passedand the Local Units shall have failed to make their required paymentsthereunder in full;

WHEREAS, pursuant to the terms of the Lease Agreement and the LoanAgreements, those Local Units constituting "materially obligated persons"within the meaning and for the purposes set forth in Rule 15c2-12 ("Rule15c2-12") promulgated by the Securities and Exchange Commission (the "SEC")pursuant to the Securities and Exchange Act of 1934, as amended, will berequired to enter into those certain "Local Unit Continuing DisclosureAgreements" to be dated as of the first day of the month of issuance of thePrivately Placed Bonds (as the same may be amended and supplemented from timeto time in accordance with their respective terms, the "Local Unit ContinuingDisclosure Agreements") with the Authority and the Trustee, as disseminationagent (the "Dissemination Agent") in order to satisfy the secondary marketdisclosure requirements of Rule 15c2-12;

WHEREAS, pursuant to the terms of the Series 2012 Pooled Program BondResolution, as a "materially obligated person" within the meaning and for thepurposes set forth in Rule 15c2-12, the County of Morris will be required to

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alternatively, may need to execute the Local Unit Continuing DisclosureAgreements and/or the County Continuing Disclosure Agreement, and (b) shallbe required to provide such material events notices under the terms of theLocal Unit Continuing Disclosure Agreements and the County ContinuingDisclosure Agreement, all in order to satisfy the secondary market disclosurerequirements of Rule 15c2-12 (the "Authority Continuing Disclosure Agreement"

and together with the Local Unit Continuing Disclosure Agreements and theCounty Continuing Disclosure Agreement, the "Continuing DisclosureAgreements");

WHEREAS, in order to market and sell the Bonds in one or more series,the Authority will have to (i) make an application (the "Local Finance BoardApplication") to, and seek, obtain, and officially recognize the findingsfrom the Local Finance Board (the "Local Finance Board") in the Department ofLocal Government Services of the State Department of Community Affairs, allin accordance with N.J.S.A. 40A:5A-6, 7 and 8 of the Local Authorities FiscalControl Law and in connection with the Authority Series 2012 Lease RevenueBonds and the Authority Series 2012 Pooled Program Bonds, which Local FinanceBoard Application, hearing and process shall to the extent permitted byapplicable law, incorporate the requests for approval by the Local FinanceBoard of certain matters related to the County Chapter 12 Bonds and theBorough of Chester Bonds, (ii) authorize the distribution of a preliminaryofficial statement "deemed final" within the meaning and for the purposes ofRule 15c2-12 describing the terms of the Authority Series 2012 Pooled ProgramBonds, the Project and the other transactions contemplated hereby (the"Preliminary Official Statement"), (iii) upon the direction of the Chairman,either sell the Series 2012 Pooled Bonds by competitive sale through a noticeof sale (“Notice of Sale”) or select an underwriter to purchase all of theSeries 2012 Pooled Bonds (the “Underwriter”) and enter into one or more bondpurchase agreements with one or more underwriters (the "Underwriter")selected by the Authority in accordance with its policy for the selection ofunderwriters as established by Authority resolution No 02-10 adopted July 24,2002 and entitled "RESOLUTION ADOPTING A POLICY FOR THE SELECTION OF

UNDERWRITERS AND OTHER ANCILLARY SERVICE PROVIDERS IN CONNECTION WITH THESALE OF SECURITIES" (the “Underwriter Selection Policy”) and a fair and openprocess for the sale of all of the Authority’s Series 2012 Pooled ProgramBonds (the "Bond Purchase Agreement"), (iv) execute and deliver a finalOfficial Statement incorporating the terms of the sale of the AuthoritySeries 2012 Pooled Program Bonds and certain other information into thePreliminary Official Statement (the "Official Statement"), (v) obtain therequired resolutions and ordinances of the Local Units necessary in order toauthorize the Projects and the financing of the Projects through theAuthority Series 2012 Pooled Program Bonds (the "Local Unit OfficialAction"), (vi) cause the Local Units to make certain representations,warranties and covenants concerning the Projects, the Privately Placed Bondsand the other transactions contemplated hereby prior to their respectiveexecution and delivery of the Lease Agreement and Loan Agreements, but nolater than the execution and delivery of the Bond Purchase Agreement (the"Local Unit Letter of Representations") and (vii) cause the Local Units tomake certain representations, warranties and covenants concerning theapplicable Projects and Privately Placed Bonds, the use of the fundsattributable to the Projects and the transactions contemplated hereby priorto their respective execution and delivery of the Lease Agreement and LoanAgreements, but no later than the execution and delivery of the Bond PurchaseAgreement, all in connection with preserving the exclusion of the interest ofthe Bonds from the gross income of the holders thereof for federal income taxpurposes (the "Local Unit Tax Letter of Representations" and together withthe Preliminary Official Statement, the Bond Purchase Agreement, the OfficialStatement and the Local Unit Letter of Representations, the "SaleDocuments");

WHEREAS, the Authority shall have no obligation with respect to theProject other than the financing thereof; accordingly, the payment of the

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County and the Borough of Chester may advise, such Authorized Officer’sexecution and delivery thereof of all financing documents in connection withthe combined or separate issuance shall be dispositive of any such changesthereto; 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 Bonds, the Authority willhave made a detailed report of the Project to the Board of Freeholders, whichreport will include, without limitation, descriptions of the Series 2012Pooled Program Bond Resolution, the Series 2012 Supplemental Lease Revenue Bond Resolution, the Bonds, the form of the Lease Agreement, the form of theGround Lease Agreement, the form of the Loan Agreement, the master forms ofthe Continuing Disclosure Agreements, and if necessary, desirable orconvenient as determined by the Authority and the County of Morris, suchother applicable agreements that may include one or more of the Local FinanceBoard Application or any Sale Documents (collectively, the "FinancingDocuments").

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF CHOSEN FREEHOLDERS OF THECOUNTY OF MORRIS, NEW JERSEY (NOT LESS THAN TWO-THIRDS OF THE MEMBERS THEREOFAFFIRMATIVELY CONCURRING), AS FOLLOWS:

Section 1. The Amendment No. 1 to Lease Agreement heretofore prepared orto be prepared in connection with the Series 2012A Pooled Program Bonds, in theform attached hereto as Exhibit A with such changes as may be recommended bycounsel to the County, is hereby authorized and approved.

Section 2. The aggregate outstanding principal amount of all PooledProgram Bonds (Series 2011 Pooled Program Bonds, Series 2012 Pooled ProgramBonds and any notes issued in anticipation thereof) secured by the LeaseAgreement shall in no event exceed $24,000,000.

Section 3. The full faith and credit of the County are irrevocablypledged to the punctual payment of all amounts due and owing under theAmendment No. 1 to Lease Agreement authorized by this Ordinance, and to theextent payment is not otherwise provided, the County shall levy ad valoremtaxes on all taxable real property without limitation as to rate or amount forthe payment thereof.

Section 4. As no additional debt has been authorized, no supplementaldebt statement provided for in Section 10 of the Local Bond Law, N.J.S.A.40A:2-10, was filed. The gross debt of the County, as defined in Section 43of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this OrdinanceAmendment by $0.

Section 5. The Freeholder Director and Treasurer/Chief Financial Officer

are hereby severally authorized to execute the Amendment No. 1 to LeaseAgreement on behalf of the County. The Clerk of the Board of ChosenFreeholders is hereby authorized to attest said signatures and to affix theseal of the County unto the same. The execution of Amendment No. 1 to LeaseAgreement by the Freeholder Director or Treasurer/Chief Financial Officer shallconclusively evidence the County's approval of the terms thereof and no furtheraction shall be required.

Section 6. All actions heretofore taken and documents prepared orexecuted by or on behalf of the County by the Freeholder Director,Treasurer/Chief Financial Officer, Clerk of the Board of Chosen Freeholders,other County officers and officials or by the County's professional advisors,in connection with the Project, and matters related thereto, and the issuanceof Bonds or Notes are hereby authorized, approved, ratified and confirmed.

Section 7. The Freeholder Director, Treasurer/Chief Financial Officerand Clerk of the Board of Chosen Freeholders are each hereby authorized to

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Section 10. The Clerk of the Board of Freeholders is hereby directed topublish and post notice of this guaranty ordinance as required by applicablelaw, including the Act and Local Bond aw.

Section 11. Upon the adoption hereof, the Clerk of the Board of ChosenFreeholders 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 theAuthority.

Section 12. This ordinance shall take effect at the time and in themanner provided by applicable law.







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PUBLIC PORTION

Ms. Valerie Fox, resident of Morristown, thanked the Freeholder Boardfor their support of the mentally ill. Being diagnosed with schizophrenia,Ms. Fox received excellent treatment from the mental health services inMorris County.

Ms. Kathleen Gronet, Director of St. Clarie’s Hospital OutpatientHealth Services, thanked the Board for their relationship with St. Clare’sand hopes that the County continues to support their mental health funding.

Mr. Paul Kane thanked the Board and Administrator Bonanni for not onlytheir guidance in helping him find a location for his new company, BootstrapIndustries, but also in moving his project forward.

Mr. Robert Parker, Morristown resident, thanked the Board for theirProclamation for Mental Health Month which was presented to him at themorning Freeholder Conference Meeting. Concerning housing, Mr. Parker askedthe Board to please review Senator Bucco’s Bill. The Housing Alliance issupporting this bill.

Jeff Gilman, Board Member of New Bridge Services for 40 years, thankedthe Freeholders for the resolution for Mental Health Month and all their pastsupport.

Charles LaRussa, member of the Morris County Human Services Advisory

Council, thanked the Freeholders for their support.

Ms. Betsy Hall, President of Homeless Solutions, asked the Board to

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Freeholder Cabana presented the following resolutions:(1)

WHEREAS, the Board of Chosen Freeholders of the County of Morris hasrecognized the need to support various non-profit social services andadvisory bodies which directly benefit residents of Morris County; and,

WHEREAS, a total of $405,092.00 has been budget in the 2012 MorrisCounty Budget for this purpose under ‘Freeholder Special projects”;construction close out;

NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders ofthe County of Morris in the State of New Jersey as follows:

1. That the above amount be supported as provided below among the saidagencies and advisory bodies for the 2012 fiscal year:

Agency Amount

EMERGENCY/MEDICAL Morris Minute Men Rescue $ 26,000.00

ECONOMIC AND COMMUNITY DEVELOPMENTEconomic Development Corporation $110,000.00Human Relations Commission 1,800.00Morristown Partnership 7,500.00TransOptions 26,025.00Visitors Center/Tourism Bureau 186,000.00

Subtotal $333,500.00

PLANNING/ENVIRONMENTALLake Musconetcong Regional Planning Authority $ 4,792.00Whippany River Watershed 9,000.00Rockaway River Watershed 3,500.00

Subtotal $ 17,292.00

ARTS/CULTURALCommunity Theatre $ 10,000.00

ARTS/COUNCILMorris View $ 5,500.00Atrium Art Gallery (2007 L. Piervincenzi) 5,750.00Annual Contribution 9,000.00

Subtotal $ 30,250.00

Grand Total $405,092.00

2. The County Treasurer is hereby authorized to issue Certificate ofAvailability of Funds charging account No. 01-201-20-110100-079 for theabove amounts respectively.

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(2)

WHEREAS, the Engineering Division of the Department of Public Works ofthe county of Morris has to perform the Replacement of County Bridge No.1400-386 on County Route 622 (Whippany River) over the Whippany River in the

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Bridge No. 1400-386 on County Route 622 (Whippany Road) over the WhippanyRiver in the Township of Hanover, County of Morris to all traffic for aperiod of approximately eight (8) months from May 9, 2012 through December31, 2012 is hereby approved.

This resolution shall remain valid for one year after the date of

adoption. Copies of this resolution shall be sent to the Administrator of theTownship of Hanover and the County Engineer of the County of Morris.

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(3)RESOLUTION AUTHORIZING THE COUNTY OF MORRIS TO ENTER

INTO AN INTERLOCAL SERVICE AGREEMENT WITH THE COUNTY OF ESSEX FOR THESUPERSTRUCTURE REPLACEMETN OF MORRIS COUNTY BRIDGE NO. 1400-443 (ESSEX COUNTY

BRIDGE NO. 0700006) ON COUNTY ROUTE 661 (EAGLE ROCK AVENUE) IN THE TOWNSHIPOF EAST HANOVER, COUNTY OF MORRIS AND THE BOROUGH OF ROSELAND,

COUNTY OF ESSEX, NJ

WHEREAS, the Bu-County bridge known as Morris County Bridge No. 1400-443/Essex County Bridge No. 0700006 crossing the Passaic River on CountyRoute 661 (Eagle Rock Avenue) in the Township of East Hanover, county ofMorris and the Borough of Roseland, county of Essex is in need ofsuperstructure replacement due to its deteriorated condition; and

WHEREAS, the county of Morris and the County of Essex have deemed it intheir best interest to enter into an Inter-Local Agreement in order toprovide for the superstructure replacement of the county Route 661 (EagleRock Avenue) over the Passaic River in the Township of East Hanover, Countyof Morris and the Borough of Roseland, County of Essex; and

WHEREAS, the County of Morris and the County of Essex have agreed toequally contribute toward the cost of engineering design for the

superstructure replacement of the bridge and will equally split such designcosts; and

WHEREAS, in order to undertake this project, the Morris County Engineerwill advertise and receive bids for construction, review bid qualifications,and recommend a contractor to the Essex County Engineer; and

WHEREAS, upon final review and approval, in accordance with New jerseyLocal Public Contracts law, the County of Morris will enter into an agreementwith the selected contractor, the cost of which will be shared on a 50% basiswith the County of Essex, which will be invoiced for the expense by theCounty of Morris monthly for work performed by the contractor; and

WHEREAS, the County of Morris will also retain the professionalservices of a duly licensed engineering firm to perform constructionadministration and inspection, the cost of which will be shared on a 50%basis with the County of Essex, which will be invoiced for this expense bythe County of Morris upon completion of the project; and

WHEREAS, as project manager, the Morris County Engineer will provide tothe Essex County Engineer all necessary documentation, required by the Newjersey Department of Transportation – Local Government Services, which willinclude, but not limited to: bid tabulation, design certification, plans andspecifications, materials questionnaires, engineer certification, and DS-8’s.The County of Morris will also provide the county of Essex with a copy of theas-built drawings upon completion of the project.

NOW THEREFORE, BE IT RESOLVED by the Board of chosen Freeholders of thecounty of Morris in the State of New Jersey that the Agreement between theBoards of Chosen Freeholders of the Counties of Morris and Essex for the

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WHEREAS, on June 20, 2011 a contract was awarded for intersectionimprovements on Blackwell Street, Dover, NJ; and

WHEREAS, it has been determined that it is necessary to increase saidcontract to provide for changes in the State of New jersey that pursuant toLocal Public Contracts Regulations, contract modification as detailed on

“Contract Change Order Request” No. 1-38171 is hereby approved as follows:

1. Vendor: Tiffany Electric3 Edison PlaceFairfield, NJ 07004

2. Item: Changes t0 contract to match as-built quantities

3. Increase in Cost: $ 735.25

4. New Contract Total: $ 128,668.30

5. The necessary amended Certificates of Availability of Funds has beenprovided by the Treasurer and said amended Certificate indicates theavailability of funds is as listed in Account #02-213-41-864170-391 (-$14,320.85) and Account #04-216-55-953165-951 (-$15,056.10) and saidaccount shall be charged.

6. The Director of the Board of Chosen Freeholders is hereby authorizedexecute said contract modification to.

7. This resolution shall take effect immediately.

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(5)BE IT HEREBY RESOLVED, that the following Capital Improvement Balance

be, and is hereby cancelled:

ACCOUNT# ACCOUNT DESCRIPTION AMOUNT

951851 Pigeon Hill Wetland Mitigation $60,000.00

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(6)

In accordance with the authorization to pay per Chapter 127 P.L. 1985,the following checks have been issued by the County Treasurer:

DATE CHECK NO. PAYEE ACCOUNT AMOUNT

01/27/12 348769 Morristown 02-213-41-742010-391 $795.00Post Office

04/27/12 348770 Motor Vehicle 01-201-26-315100-098 $250.00Commission

THEREFORE, BE IT RESOLVED, that the above payment be confirmed.

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(7)WHEREAS, the County Treasurer has been advised that the following

checks are no longer needed and payment has been stopped on same,

THEREFORE, BE IT RESOLVED that the County Treasurer is hereby

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(8)WHEREAS, the County Treasurer has been advised that the following

checks have been lost and payment has been stopped on same;

THEREFORE, BE IT RESOLVED, that the County Treasurer is herebyauthorized to reissue the same.

CHECK# DATE AMOUNT PAYEE ACCOUNT BANK

341837 11/09/11 $ 100.00 Bonnie-Lynn Nadzeika Centralized Bank of AmericaDisbursement

343235 12/14/11 $ 460.43 Ricoh Americas Centralized Bank of AmericaCorporation Disbursement

343238 12/14/11 $1,566.42 Ricoh Americas Centralized Bank of AmericaCorporation Disbursement

343239 12/14/11 $2,149.67 Ricoh Americas Centralized Bank of AmericaCorporation Disbursement

348366 04/25/12 $ 177.70 Elizabeth A. Centralized Bank of AmericaJacobson Disbursement

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(9)WHEREAS, the County of Morris has had a banking relationship with the

Bank of America, 750 Walnut Street, Cranford, NJ 07016 and continues with

that relationship.

AND WHEREAS, the County Treasurer’s Office has requested the Bank ofAmerica to formalize their charges through a letter agreement for the oneyear period of April 1, 2012 through March 31, 2013.

NOW, THEREFORE BE IT RESOLVED that the letter agreement dated April 20,2012 between the County of Morris and the Bank of America is hereby approved.

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(10)RESOLVED, that the Director is hereby authorized to execute and the

Clerk shall certify, attest and affix the seal to the Cancellation ofMortgage in the matter of the following clients and the Clerk shall deliverthe same to Community Development.

Joyce KnightVirgilio Vasquez and Kim Vasquez

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(11)WHEREAS, N.J.S.A.40A:5-4 requires the governing body of every local

unit to have made an annual audit of its books, accounts and financialtransactions, and

WHEREAS, the annual Report of Audit for the year 2011 has been filed bya registered Municipal Accountant with the Clerk of the Board of ChosenFreeholders pursuant to N.J.S.A. 40A:5-6, and a copy has been received by

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Recommendations

and

WHEREAS, the members of the governing body have personally reviewed asa minimum the Annual Report of Audit, and specifically the sections of the

Annual Audit entitled:

Comments andRecommendations

as evidenced by the group affidavit form of the governing body attachedhereto, and

WHEREAS, such resolution of certification shall be adopted by thegoverning body no later than forty-five days after the receipt of the annualaudit, pursuant to N.J.A.C. 5:30-6.5, and

WHEREAS, all members of the governing body have received and havefamiliarized themselves with at least, the minimum requirements of the LocalFinance Board of the State of New Jersey, as stated aforesaid and havesubscribed to the affidavit, as provided by the Local Finance Board, and

WHEREAS, failure to comply with the regulations of the Local FinanceBoard of the State of New Jersey may subject the members of the localgoverning body to the penalty provisions of R.S. 52:27BB-52, to wit:

“R.S. 52:27BB-52 – “A local officer or member of a local governing body who,after a date fixed for compliance, fails or refuses to obey an order of thedirector (Director of Local Government Services), under the provisions ofthis Article, shall be guilty of a misdemeanor and, upon conviction, may befined not more than one thousand dollars ($1,000.00) or imprisoned for notmore than one year, or both, in addition, shall forfeit his office.”

NOW, THEREFORE, BE IT RESOLVED that the Board of Chosen Freeholders ofthe County of Morris, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and therequired affidavit to said Board to show evidence of said compliance.

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(12)RESOLVED that the Director is hereby authorized to execute and the

Clerk shall attest and affix the seal to the Release of Grant and Lien in thematter of the client(s), and the Clerk shall deliver the same to CommunityDevelopment.

Nicole M. LosonczyBarbara McDonald

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(13)WHEREAS, applications have been solicited for consideration of grant

funding through the 2012 Morris Aid to Museums program; and,

WHEREAS, based upon a thorough review of the grant applications, atotal funding of $21,600.00 has been recommended for the following Museums:

The Morris Museum $14,000.00

Museum of Early Trades and Crafts $ 4,600.00Morris County Historical Society $ 3,000.00

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amounts, charging “Aid to Museums” account #01-201-29-403100-090.

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(14)Whereas, the Board of Chosen Freeholders of the County of Morris, by

resolution #11 adopted January 25th

2012, awarded a contract to InterfaithCouncil for Homeless Families to provide Homeless Funds to the residents ofthe Morris County, New Jersey; and

Whereas, effective January, 2012 said Company has been merged withFamily Promises of Morris County and operated under the new name, inaccordance with letters from both dated January, 2012, copies of which are onfile at the Morris County Purchasing Division and are made a part hereof byreference.

Now Therefore, Be It Resolved, by the Board of Chosen Freeholders ofthe County of Morris in the State of New Jersey that the Treasurer is herebyauthorized to issue an amended Certificate of Availability of Fund #54826relative to the account #: 02-213-41-754210-392 reflecting said change.

This resolution shall take effect immediately.

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(15)1. In accordance with N.J.S.A. 40A:11-15, a contract is hereby awarded, for

the provision of proprietary software systems licenses for the Law &Public Safety, to:

Lieca Geosystems, Inc.5051 Peachtree Corners CircleSte 250

Norcross, GA 30092Term: January 1 st , 2012 thru December 31 st , 2012Amount: $26,329.45Budget line item: 02-213-41-784430-391Using Department: Law & Public Safety

2. The Treasurer is hereby authorized to issue a Certificate ofAvailability of Funds.

3. The Purchasing Agent is hereby authorized to execute said contract asprepared by County Counsel.


5. This contract is awarded pursuant to a fair and open process incompliance with N.J.S.A. 19:44A-20.1, et seq.

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(16)WHEREAS, on June 22, 2011 a contract was entered into with Keller &

Kirkpatrick, Inc. for professional engineering services related toreplacement of County Bridge No. 1401-107 in Mount Olive Township for$104,599.00; and,

WHEREAS, it has become necessary to amend the aforesaid agreement byincreasing it by $12,333.00 to a new total of $116,932.00, and extending

the term of the agreement to December 31, 2012; and,

WHEREAS, Keller & Kirkpatrick, Inc, has agreed to perform the

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as set forth above, a copy of which is on file in the Office of theCounty Purchasing Agent and made a part hereof by reference, ishereby approved and entered into by this Board.

2. The Director of the Board of Chosen Freeholders is hereby authorized tosign and execute this amendment, conditioned upon the contractor’s

compliance with the requirements set forth in paragraph 4 below.

3. The Treasurer is hereby authorized to issue an amended Certificateof Availability of Funds #38964, reflecting the increase in theamount of the aforesaid agreement to $116,932.00, and chargingaccount number 04-216-55-953225-909 for the increase.


5. An official notice of this actions shall be published in accordancewith the law.

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(17)WHEREAS, there exists a need for Professional Engineering Services

for Construction Inspection Services for the Phase 2 Rehabilitation of theCentral Avenue Complex Building, located at the Central Park of MorrisCounty property in Parsippany-Troy Hills, New Jersey; and

WHEREAS, the contract was awarded as a “Professional Service” inaccordance with N.J.S.A. 40A:11-5 (1)(a)(i) et seq. through a fair andopen process, pursuant to N.J.S.A. 19:44A-20.4 et seq.;

NOW THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders ofthe County of Morris in the State of New Jersey as follows:

1. The agreement between the County of Morris and

The Musial Group, pa architecture191 Mill LaneMountainside, NJ 07092Amount: $120,000 (not to exceed)Account#: 04-216-55-953146-909Completion: May 14, 2012 through February 15, 2013

for the aforesaid service, a copy of which is on file at theMorris County Purchasing Division and is made a part hereof byreference, is hereby approved and shall be entered into by thisBoard.

2. The Director of the Board of Chosen Freeholders is hereby authorizedto execute said agreement conditioned upon the contractor’scompliance with the requirements set forth in paragraph 5 below.

3. The Treasurer is hereby authorized to issue a Certificate ofAvailability of Funds in accordance with the aforesaid agreement.

4. A notice of this action will be published in accordance with thelaw.


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(18)

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BE IT RESOLVED, by the Board of Chosen Freeholders of the County ofMorris in the State of New Jersey that the action of the MorristownMemorial Hospital in applying for a Highway Traffic Safety Grant FED-2013-Morris County-00239 for $126,698.00 for a Northern New Jersey SafeCommunities Grant, is hereby approved, ratified and confirmed.

BE IT FURTHER RESOLVED, that the Director of Finance and CountyTreasurer is hereby authorized to accept the aforesaid funds, creditingthe appropriate account.

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(20)With respect to recent bidding for the Emergency Services Repairs to

County Route 517 (Schooley’s Mountain Road) Embankment in the Township ofWashington, County of Morris, New Jersey, caused by Tropical Storm Leeeroded the entire embankment; a contract is hereby awarded to the mostresponsible bidder as follows:

H & G Contractors, Inc.489 Fairway RoadRidgewood, NJ 07450Vendor#: 15048Amount: $244,852.00Account#: 04-216-55-953165-951Time: Work will commence on or about May 21, 2012 and be completedon or before June 29, 2012.Dept: Engineering

1. The Director is authorized to execute and the Clerk shall attest andaffix the seal to the contract as presented by County Counsel.

2. The Treasurer is hereby authorized to issue a Certificate of

Availability of Funds.



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(21)BE IT RESOLVED as follows:

1. The County of Morris wishes to purchase goods and services from thefollowing authorized vendors under the State of New JerseyCooperative Purchasing Program 1-NJCP, in accordance with LocalPublic Contracts Laws, N.J.S.A. 40A:11-11 and N.J.S.A. 40A: 11-12.

SHI Law & Public Safety 290 Davidson Avenue 01-201-20-25-252100-059Somerset, NJ 08873 Amount: $144,999.00NJSCA77560

2. The Treasurer is hereby authorized to issue a Certificate ofAvailability of Funds.

--(22)

BE IT RESOLVED as follows:

1. The County of Morris wishes to purchase goods and services from the

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(23)

BE IT RESOLVED as follows:

1. The County of Morris wishes to purchase goods and services from thePurchasing Program 1-NJCP, in accordance with Local Public Contract

Laws, N.J.S.A 40A:11-11 and N.J.S.A40A: 11-12.

Tilcon New York Inc. Road Division625 Mt Hope Rd. 01-201-26-290100-222Wharton NJ 07885 Amount: $2,258.77Co-op#5

Atlantic Tomorrows Office Purchasing Division134 W 26 th Street 01-201-20-130105-044New York NY 10001-6803 Amount: $18,105.67NJSC#A64367

Train’s Towers Inc. Law & Public Safety

P O Box 16 04-216-55-963248-909Haddon Heights NJ 08035 Amount: $10,436.00NJSC#A76212

Dell Marketing L.P. County ClerkOne Dell Way Bldg 8M S 16 13-290-56-578401-888Round Rock TX 78682 Amount: $5,348.04NJSC#A72056

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(24)WHEREAS, the Board of Chosen Freeholders of the County of Morris

resolved on January 13, 2010 that the County enter into a CommunityDevelopment Block Grant-Recovery Subgrant Agreement with the Borough ofLincoln Park to upgrade the Borough’s Water Booster Station; and

WHEREAS, additional funding in the amount of $22,757.24 is necessaryand available for this project; and

WHEREAS, this revised contract differs in the aforesaid $22,757.24contract amount increase and the nature of the grant by virtue ofeliminating the water booster station and connecting the water system tothe Township of Montville’s; and

WHEREAS, County Counsel has already reviewed and approved theaforesaid contract.


1. The Director is hereby authorized to sign and execute theaforementioned amended contract with the Borough of Lincoln Park,reflecting the aforesaid increase, a copy of which is on file in theOffice of the Division of Community Development.

2. The County Treasurer and Director of Finance is hereby authorized toissue a Certificate of Availability of Funds to the Borough ofLincoln Park in the amount of $22,757.24 and charge account #06/09-1033 for the operational period of 02/01/10-06/30/12.


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WHEREAS, additional funding in the amount of $5.200 is necessary andavailable for this project; and

WHEREAS, this revised contract differs in the aforesaid $5,200contract amount increase and the extent of grant by virtue ofreconstructing curb ramps along with the adjacent Briarwood Road; and


NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders ofthe County of Morris in the State of new Jersey as follows:

1. The Director is hereby authorized to sign and execute theaforementioned amended contract with the Borough of Florham Park,reflecting the aforementioned increase, a copy of which is on filein the Office of the Division of Community Development.

2. The County Treasurer and Director of Finance is hereby authorized toissue a Certificate of Availability of Funds to the Borough ofFlorham Park in the amount of $5,200 and charge account #08/09-1034for the operational period of 07/18/11-06/30/12.


--(26)

WHEREAS, the Board of Chosen Freeholders of the County of Morrisresolved on December 31, 2009 that the County enter into a CommunityDevelopment Block Grant-Recovery Subgrant Agreement with InterfaithCouncil for Homeless Families (now known as Family Promise of MorrisCounty), with an award of $20,200 to pave their headquarters parking lot

and front entrance; and

WHEREAS, a grant amendment was executed July 13, 2011 for anadditional award of $6,057; and

WHEREAS, additional funding in the amount of $1,000 is necessary andavailable for this project; and

WHEREAS, this revised contract differs only in the aforesaid $1,000contract amount increase; and


NOW THEREFOR BE IT RESOLVED by the Board of Chosen Freeholders ofthe County of Morris in the State of New jersey as follows:

1. The Director is hereby authorized to sign and execute theaforementioned amended contract with Family Promise of Morris Countyreflecting the aforesaid increase, a copy of which is on file in theoffice of the Division of Community Development.

2. The County Treasurer and Director of Finance is hereby authorized toissue a Certificate of Availability of Funds to Family Promise ofMorris County in the amount of $1,000 and charge account #19/09-1032for the operational period of 7/18/11-06/30/12.


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acreage to be retained by the Township of Jefferson and the amended grantaward to $800,000; and

WHEREAS, the grant amendment resulted from the proposed use of NewJersey’s Highlands Conservation Act (HCA) funding on the project,resulting in amendments to the overall project financing and acreage to

retained by each agency; and

WHEREAS, due to the HCA funding a further amendment to the grantagreement is necessary regarding deed restrictions on the preserved landswhich will alter the acreage of lands subject to the grant agreement; and

WHEREAS, the terms and conditions of the grant agreement will applyto approximately 190 acres to the Township of Jefferson; and

WHEREAS, the Open Space Trust Fund Committee recommend this actionat their meeting of April 26, 2012.


1. The grant agreement dated January 25, 2012 and amended April 11,2012 to the Township of Jefferson is hereby amended to revise theacreage subject to the agreement to approximately 190 acres to beretained by the Township of Jefferson.

2. Schedule B of the grant agreement will be amended to reflect theaforementioned changes.


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(28)WHEREAS, the Morris County Open Space & Farmland Preservation Trust

Fund Committee (hereinafter, the “Committee”) recommended, and the Boardof Chosen Freeholders approved, six (6) grant awards in 2010 to certainmunicipalities and non-profits (hereinafter, the “grantees”); and

WHEREAS, each grantee listed below has requested and the Committeeapproves a six month extension to each due to the complexity ofnegotiations and the delay of certain necessary tasks prior toacquisition.

NOW THEREFORE BE IT RESOLVED by the Board of Chosen Freeholders ofthe County of Morris in the State of New Jersey as follows:

1. The Board accepts the recommendations of the Committee to grant asix month extension to each of the grantees below with theexpiration date as listed:

Township of Chatham/”Fornaro Property” (to expire 10-01-12 CAf#1104-1)

Township of East Hanover/”Froling Estate” (to expire 10-01-12, CAF#C1107-1)

Borough of Mountain Lakes/”King of Kings Back Acreage Acquisition”(to expire 10-01-12, CAF#1115-1)Town of Morristown/”Acquisition and Preservation of 20 Hillcrest

Avenue” (to expire 10-01-12, CAF#1120-01)

Township of Pequannock/”Pompton Riverwalk-Phase IV (Da Costa)” (to

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WHEREAS, on January 26, 2011 in accordance with resolution #29, theBoard of Chosen Freeholders entered into a grant agreement in the amountof $4,017,000 with Schiff National Lands Trust for a project entitled“Pleasant Valley Mills Farm-Wilmerding;” and

WHEREAS, preservation is proposed through a combination of fee

simple purchase and a farmland/conservation easement to help complete anopen space and farmland preservation greenway stretching from McVicker’sPreserve to Burnett Brook Natural Area and Mount Paul County Park; and

WHEREAS, the application listed Schiff Natural Lands Trust as thefinal owner of the entire property; and

WHEREAS, since the time of application it has been determined thatNew Jersey Conservation Foundation will hold and monitor thefarmland/conservation easement instead of Schiff Natural Lands Trust; and

WHEREAS, due to the complexity of the project and the delay ofcertain necessary tasks prior to acquisition Schiff Natural Lands Trusthas requested an additional six month grant extension for the project; and

WHEREAS, the Open Space Trust Fund Committee recommended theseactions of their meeting of April 26, 2012.


1. The Board accepts the recommendation of the Committee to grant a sixmonth extension to Schiff Natural Lands Trust for the project, toexpire October 1, 2012.

2. The grant agreement dated January 26, 2011 to Schiff Natural LandsTrust is hereby amended to revise the final owner of the

farmland/conservation easement portion as New Jersey ConservationFoundation.

3. The Treasurer shall recertify the Certificate of Availability ofFunds #1108-1 for the project.


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(30)With respect to recent Morris County bidding for Milling and

Resurfacing 2011 Various Paving Projects: Ridgedale Avenue in the Townshipof East Hanover, and Paterson Hamburg turnpike in the Borough ofRiverdale, a contract is hereby awarded to the lowest, most responsiblebidder as follows:

Tilcon New York, Inc.625 Mt. Hope RoadWharton, New Jersey 07885VENDOR ID: 122Budgets: 04-216-55-953165-951 $ 35,000.00

02-213-41-864185-391 $745,318.50Amount: $780,318.50Term: Shall be completed within thirty (30) calendar days

after the award of contract, but in total shall notexceed forty five (45) days.

Dept: Engineering

1. The Director is authorized to execute and the Clerk shall attest and

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RESOLUTION OF THE COUNTY OF MORRIS, NEW JERSEY AUTHORIZINGTHE PURCHASE OF THE MORRIS COUNTY IMPROVEMENT AUTHORITY“COUNTY OF MORRIS GUARANTEED RENEWABLE ENERGY PROGRAM

LEASE REVENUE NOTE, SERIES 2011B {FEDERALLY TAXABLE}IN CONNECTION WITH THE AUTHORITY’S RENEWABLE ENERGY PROGRAM

WHEREAS, The Morris County Improvement Authority (including anysuccessors and assigns, the "Authority") has been duly created byresolution no. 42 entitled "Resolution of the Board of Chosen Freeholdersof Morris County, New Jersey creating the Morris County ImprovementAuthority" duly adopted by the Board of Chosen Freeholders (the "Board ofFreeholders") of the County of Morris (the "County") in the State of NewJersey (the "State") on April 10, 2002 as a public body corporate andpolitic of the State pursuant to and in accordance with the countyimprovement authorities law, constituting Chapter 183 of the Pamphlet Lawsof 1960 of the State, and the acts amendatory thereof and supplementalthereto (the "Act") and other applicable law;

WHEREAS, the Authority has developed a program (the “Renewable Energy

Program”) for the financing, design, permitting, acquisition, construction,installation, operation and maintenance of renewable energy capital equipmentand facilities such as solar panels, wind turbines, and hydro-electric, bio-diesel, geothermal, and bio-mass facilities, including any related electricalmodifications, work related to the maintenance of roof warranties, or otherwork required, desirable or convenient for the installation of such systems(collectively, the renewable energy capital equipment and facilities, the“Renewable Energy Projects”) for and on behalf of the County and localgovernmental units within the County, including without limitationmunicipalities, boards of education for school districts, local authoritiesand any other local government instrumentalities, public bodies or otherlocal government entities; collectively, including the County, the “LocalUnits”);

WHEREAS, on February 18, 2010 the Authority issued its $21,600,000aggregate principal amount of “County of Morris Guaranteed Renewable EnergyProgram Lease Revenue Bonds, Series 2009A [Federally Taxable]”, to financethe initial tranche (the “Initial Tranche”) of the Authority’s RenewableEnergy Program;

WHEREAS, on December 8, 2011 (the “Series 2011A Date of Issuance”) theAuthority issued its $33,100,000 aggregate principal amount of “County ofMorris Guaranteed Renewable Energy Program Lease Revenue Bonds, Series 2011A[Federally Taxable]” (the “Series 2011A Bonds”), to finance the secondtranche (the “Second Tranche”) of the Authority’s Renewable Energy Program;

WHEREAS, the Series 2011A Bonds that were issued for the Second Tranche

of the Authority’s Renewable Energy Program were issued pursuant to the termsof that certain “RESOLUTION AUTHORIZING THE ISSUANCE OF COUNTY OF MORRISGUARANTEED RENEWABLE ENERGY PROGRAM LEASE REVENUE NOTES AND BONDS, SERIES2011 AND ADDITIONAL BONDS OF THE MORRIS COUNTY IMPROVEMENT AUTHORITY”adopted by the governing body of the Authority on July 20, 2011, as amendedand supplemented from time to time in accordance with its terms, including byone or more Certificates of an Authorized Officer of the Authority, eachdated the date of issuance of the respective series of Series 2011 Bonds (the“Second Tranche Bond Resolution”; capitalized terms used herein and nototherwise defined herein shall have the meanings ascribed to such terms inthe Second Tranche Bond Resolution), all in accordance with Sections 17-19 ofthe Act (N.J.S.A. 40:37A-60, 61 and 62) and all other applicable law;

WHEREAS, although the first principal payment on the Series 2011A Bondsdoes not come due until June 15, 2013 (the “Series 2011A Initial PrincipalPayment Date”), eighteen (18) months from the Series 2011A Date of Issuance,a date purposely selected as the date that (i) falls due after the Renewable

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avoiding artificially inflated Series 2011A Bond interest rates), prior tothe Series 2011A Initial Principal Payment Date, the Authority determined toissue a short term note in the aggregate par amount of $1,200,000 (the“Series 2011B Note”) to provide capitalized interest for the interest due onthe Series 2011A Bonds due June 15, 2012 and December 15, 2012 (the “Series2011A Bonds Capitalized Interest”);

WHEREAS, the interest rate on the Series 2011B Note of 1.062% (the“Series 2011B Note Interest Rate”) was determined at the time of sale of theSeries 2011A Bonds in order to lock in the costs of and savings from theRenewable Energy Projects to the Series 2011 Local Units; and

WHEREAS, since the Series 2011B Note Interest Rate is higher thaninterest rates the County can achieve through customary investments, theCounty desires to invest $1,200,000 through the acquisition of the Series2011B Note at the Series 2011B Note Interest Rate.

NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of theAuthority as follows:

Section 1. The Treasurer of the County is hereby authorized to invest$1,200,000 of the County’s available funds on May 15, 2012 (or such date asdetermined by the Treasurer of the County prior to June 1, 2012) for thepurchase of the Series 2011B Note at the rate of 1.062%, the Series 2011BNote Interest Rate. The Series 2011B Note matures, in full, on January 15,2013, with interest thereon payable on such date.

Section 2. The Treasurer of the County is hereby further authorizedand directed, as purchaser of the Series 2011B Note, to wire $1,200,000 inimmediately available funds to U.S. Bank National Association, as trustee forthe Series 2011A Bonds, for the purchase of the Series 2011B Note on its dateof issuance.

Section 3. The Freeholder-Director, County Administrator, and theCounty Treasurer (including their designees in writing, each an “AuthorizedOfficer”) are hereby each severally authorized and directed to execute oracknowledge, as the case may be, and deliver such documents and closingcertificates (the “Closing Certificates”), if any, deemed necessary by bondcounsel to the Authority, with such changes thereto as the Authorized Officerdeems in their sole discretion to be necessary, desirable or convenient forthe execution thereof and to consummate the transactions contemplated hereby,which execution thereof shall conclusively evidence the Authorized Officer'sapproval of any changes to the forms.

Section 4. All actions taken to date by the Authority, the Authorized

Officers and the Authority’s renewable energy consultants, including counsel,with respect to the matters set forth in or contemplated by this resolution,are hereby ratified and approved.

Section 5. This resolution shall be effective immediately.

Section 6. Copies of this resolution, shall be forwarded to StephenB. Pearlman, Esq. of Inglesino, Pearlman, Wyciskala & Taylor, LLC, to theattention of Annie Collart, Law Clerk at [email protected] followed bythe original to Annie Collart at Inglesino, Pearlman, Wyciskala & Taylor,LLC, 600 Parsippany Road, Suite 204, Parsippany, New Jersey 07054-3715.

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(32)WHEREAS the local capital budget for the year 2012 was adopted on the

mailto:[email protected]

mailto:[email protected]

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BE IT FURTHER RESOLVED that this complete amendment, in accordance with

the provisions of NJAC 5:30-4.4 (e) be published in the Daily Record in theissue of May 15, 2012.

BE IT FURTHER RESOLVED that two certified copies of this resolution befiled forthwith in the Office of Director of Local Government Services.

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(33)

WHEREAS, a US Department of Transportation study states that thenumber one cause of injury to passengers in wheelchairs is impropersecurement while engaged in motor vehicle transport; and,

WHEREAS, the Morris Area Paratransit System (MAPS), a transportationprogram run by the Morris County Board of Chosen Freeholders for the elderlyand persons with disabilities over the age of 18, already uses the four point

securement system that includes a chair to floor and lap/shoulder/waistseatbelts in the safe transport of the riders who use a wheelchair assistivedevice; and,

WHEREAS, the North Jersey Planning Transportation Authority (NJTPA)urges that all members support bills S715 and A2036 which would require allvehicles providing transportation to individuals using wheelchair assistivedevices to follow a securement standard of the same four point securementsystem used by the MAPS program;

NOW, THEREFORE, BE IT RESOLVED that the Morris County Board of ChosenFreeholders supports NJ Legislative Bill numbers A2036 and S715 which requirestandard four point wheelchair securement for all transportation passengers.

BE IT FURTHER RESOLVED that a certified copy of this Resolution beforwarded to the Honorable Governor of the State of New Jersey, ChrisChristie, all our local State Representatives, the New Jersey Association ofCounties (NJAC), the State Human Services Advisory Council (SHSAC), thebill’s sponsors, the President of the State Senate, the Chairman of theSenate Transportation Committee and the Boards of Chosen Freeholders of theother Counties in the State of New Jersey, requesting they adopt similarresolutions.

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(34)BE IT RESOLVED, by the Board of Chosen Freeholders of the County of

Morris of the State of New Jersey that Ann Grossi is hereby appointed amember of the North Jersey Transportation Planning Authority (NJTPA),replacing Gene Feyl, to serve at the Pleasure of the Board without salary.

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(35)BE IT RESOLVED, by the Board of Chosen Freeholders of the County of

Morris of the State of New Jersey that Hank Lyon is hereby appointed tothe Morris County Mosquito Extermination Commission to serve withoutsalary, the unexpired term of Gene Feyl, 12/31/14;

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Freeholder Cabana made a motion to adopt Resolution Nos. 1 through35 This was seconded by Freeholder Murphy The Clerk called and recorded

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BE IT HEREBY RESOLVED that the bills as shown on the Schedule of

Warrants all having been approved by the proper committees of officials wherelegally required, be and the same are hereby paid. The Schedule of Warrantsdesignated as Bill Resolution #09-12 is detailed below and totals$7,470,038.56 dated this date and made a part hereof by reference.

Freeholder Murphy moved the adoption of the Bill Resolution. Themotion was seconded by Freeholder Cabana, and the following vote wasrecorded:

YES: Freeholders Cabana, Feyl, Grossi, Lyon, Mastrangelo, Murphyand Director Chegwidden (7)

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At 8:31 p.m. Director Chegwidden stated that the Board would gointo closed session and the following statement was read:

WHEREAS, pursuant to P.L. 1975 Ch. 231, the Open Public MeetingsAct, the Board may exclude the public to discuss matters as are providedunder the Act; and

WHEREAS, said Act provides that this Board exclude the public fromthe discussion of such matters,

NOW THEREFORE, BE IT RESOLVED, that this Board hereby excludes thepublic in order to discuss such matters. The general nature of thesubject to be discussed Is attorney client privilege.

Those present were Freeholder Director Chegwidden, FreeholdersCabana, Feyl, Grossi, Lyon, Mastrangelo, and Murphy. Also present wereJohn Bonanni, County Administrator; Dan O’Mullan, County Counsel; Mary JoBuchanan, Assistant Administrator; Randy Bush, Assistant County Counseland Clerk of the Board, Diane M. Ketchum.

The meeting returned to open session at 8:54 p.m. Freeholder Grossimade a motion to adjourn at 8:55 p.m. and Freeholder Murphy seconded themotion. All unanimously agreed.

Respectfully submitted,

Diane M. KetchumClerk of the Board

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