fh minutes - 2012-02-08
TRANSCRIPT
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
A regular meeting of The Board of Chosen Freeholders of the County of
Morris, State of New Jersey, was held on February 8, 2012, in the Freeholders
Public Meeting Room, Administration and Records Building, Morristown, New
Jersey. The meeting began at 7:30 p.m.
Clerk of the Board Diane M. Ketchum announced that adequate notice of
this regular meeting held this 8th day of February, 2012 has been providedthrough resolution adopted by this Board at its Regular Meeting held at the
Administration and Records Building on January 6, 2012, to the Star Ledger,
the Daily Record, and the Record through a posting on the County website and
by filing a copy of same with the Morris County Clerk and this Clerk of the
Board.
ROLL CALL
PRESENT: Freeholders Douglas Cabana, Gene Feyl, Ann Grossi,
Thomas Mastrangelo, John Murphy, and Director William
Chegwidden (6)
ALSO PRESENT: County Counsel Dan O’Mullan, Assistant County Counsel Randy Bush,
Administrator John Bonanni, Assistant County Administrator
Mary 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 a
salute to the flag.
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PRESENTATION
Certificates of Appreciation
Presented to the following Girl Scouts for their Participation in the
2011 Back to School Supplies DriveSponsored by the Morris County Women’s Advisory Committee
Cara Minor, Cadette Girl Scout Troop 80415 Morristown
Juliet Minor, Cadette Girl Scout Troop 80415 Morristown
Gillian Goldberg, Cadette Girl Scout Troop 80415 Morristown
Jaclyn Ahrens, Junior Girl Scout Troop 1982 Chatham
Ella DuRie, Junior Girl Scout Troop 1982 Chatham
Zoe Iorizzo, Junior Girl Scout Troop 1982 Chatham
Calli Snyder, Junior Girl Scout Troop 1982 Chatham
Meghan Ward, Cadette Girl Scout Troop 1151 Parsippany
Laura Wald, Junior Girl Scout Troop 1949 Parsippany
Melyssa Pickett, Senior Girl Scout Troop 718, Rockaway
Kelley Buhler, Senior Girl Scout Troop 1806, Denville
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PRESENTATIONSResolution of Recognition
Celebrating the 100th Anniversary of the Girl Scouts of Northern New Jersey
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
entities.
2. The Mendham Township Library is requesting permission to hang a banner
across on Route 24/510 in Mendham Township from April 13-30 to
advertise Shredder Day on April 28.
On motion by Freeholder Murphy and seconded by Freeholder Cabana thebanner requests were approved.
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ORDINANCESPUBLIC HEARING/INTRODUCTION
Director Chegwidden stated: “We will now consider for final
adoption the ordinance entitled ‘GUARANTY ORDINANCE SECURING THE MORRIS
COUNTY IMPROVEMENT AUTHORITY’S COUNTY OF MORRIS GUARANTEED SCHOOL DISTRICT
REVENUE REFUNDING BONDS, SERIES 2012 (MORRIS HILLS REGIONAL DISTRICT
PROJECT) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $34,500,000.”
Clerk Ketchum read the following ordinance:
WHEREAS, The Morris County Improvement Authority (including anysuccessors and assigns the “Authority”) has been duly created by
resolution no. 42 entitled “Resolution of the Board of Chosen Freeholders
of Morris County, New Jersey creating the Morris County Improvement
Authority” duly adopted by the Board of Chosen Freeholders (the “Board of
Freeholders”) of the County of Morris (the “County”) in the State of New
Jersey (the” State”) on April 10, 2002 as a public body corporate and
politic of the State pursuant to and in accordance with the County
improvement authorities law, constituting Chapter 183 of the Pamphlet Laws
of 1960 of the State, and the acts amendatory thereof and supplemental
thereto (the “Act”) and other applicable law;
WHEREAS, the Authority is authorized by law to finance public
facilities through the acquisition of debt including without limitation
the general obligation school district bond of the Morris Hills Regional
District (the “Morris Hills Board” or the ‘Local Unit”);
WHEREAS, on March 31, 2004, the Authority issued its $43,092,000
original aggregate principal amount of County of Morris Guaranteed School
District Revenue Bonds, Series 2004 (Morris Hills Regional School District
Project)” (the “Series 2004 Bonds”) for the purpose, among other things,
of the purchase of a general obligation school district bond of the Morris
Hills Board in the original aggregate principal amount of $43,092,000 (the
“Series 2004 Morris Hills Board Bond”);
WHEREAS, the Series 2004 Morris Hills Board Bond was issued pursuant
to a proposal approved by the Morris Hills Board on February 3, 2003 and
by the legal voters of such school district on March 11, 2003 (the “Morris
Hills Board proposal”) and a resolution of the Morris Hills Board
authorizing the issuance by the Morris Hills Board and sale to the
Authority of the Series 2006 Morris Hills Board Bond (the “Series 2004
Morris Hills Board Bond Resolution”);
WHEREAS, the Authority financed the acquisition, construction,
renovation and installation of certain property and infrastructure
improvements that were the subject of the Morris Hills Board Proposal (the
“2004 Morris Hills Board Project”) as more fully set forth on Exhibit A to
an agreement dated March 1, 2003 (the “Series 2004 Loan Agreement”) withthe Morris Hills Board evidencing the purchase by the Authority of the
Series 2004 Morris Hills Board Bond (the “2004 Loan”);
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
as amended and supplemented by a Certificate of the Chairman of the
Authority dated March 31, 2004 issued pursuant to section 2.02(1)(e) of
the original bond resolution (collectivley, the “Series 2004 Bond
Resolution), (ii) the Act, and other applicable law;
WHEREAS, payment of the principal of (including mandatory sinking
fund installments, if any) and interest on the Series 2004 bonds wasfully, unconditionally and irrevocably guaranteed in an aggregate
principal amount not to exceed $45,000,000 in accordance with (i) the
terms of a guaranty ordinance of the County finally adopted by the Board
of Chosen Freeholders on February 11, 2004 and (ii) by a guaranty
certificate executed by an authorized officer of the County on the face of
each Series 2004 Bond (collectively, the “Series 2004 County Guaranty”),
all pursuant to section 37 (“Section 37”) of the Act (N.J.S.A. 40:37A-80)
and other applicable law, which payments are included as part of the Trust
Estate applicable to the Series 2004 Bonds pledged by the Authority to the
Trustee under the Series 2004 Bond Resolution;
WHEREAS, the Series 2004 Bonds are presently Outstanding (as such
term is defined in the Series 2004 Bond Resolution) in the aggregate
principal amount of $34,747,000, a portion of which is subject to
redemption on or after October 1, 2014, at the option of the Morris Hills
Board, upon notice to the Authority, at a redemption price equal to 100%
of the principal amount to be redeemed (the “Callable Series 2004 Bonds”);
WHEREAS, THE Morris Hills Board has notified the Authority or its
intention to advance refund all or a portion of the Callable Series 2004
Bonds (the “Series 2004 Bonds to be Refunded”),
WHEREAS, the Authority and the Morris Hills Board have determined
that there are debt service savings to be achieved through the advance
refunding of all or a portion of the Series 2004 Bonds to be Refunded (the
“Advance Refunding Project”);
WHEREAS, in order to implement the Advance Refunding Project, and to
pay the costs of issuance and fund any necessary reserves or other costs
related thereto (collectively the “Series 2012 Project”) the Authority
shall adopt a bond resolution entitled “SUPPLEMENTAL RESOLUTION
AUTHORIZING THE ISSUANCE OF COUNTY OF MORRIS GUARANTEED SCHOOL DISTRICT
REVENUE REFUNDING BONDS, SERIES 2012 (MORRIS HILLS REGIONAL DISTRICT
PROJECT) OF THE MORRIS COUNTY IMPROVEMENT AUTHORITY” (the “Series 2012
Supplemental Bond Resolution” and together with the Series 2004 Bond
Resolution, and any other further amendments thereof or supplements
thereto, the “Bond Resolution”);
WHEREAS, the Series 2012 Supplemental Bond Resolution shall
authorize the issuance of “County of Morris Guaranteed School District
Revenue Refunding Bonds, Series 2012 (Morris Hills Regional District
Project)” in the aggregate principal amount not to exceed $34,500,000 (the
“Series 2012 Refunding Bonds”);
WHEREAS, the Advanced Refunding Project shall be achieved through
the deposit of a portion of the proceeds of the Series 2012 Refunding
Bonds with the trustee authorized under the bond Resolution (the
“Trustee”) as escrow, agent (the “Escrow Agent”) pursuant to an “Escrow
Deposit Agreement” to be dated as of the first day of the month of
issuance of the Series 2012 Refunding Bonds (the ‘Escrow Deposit
Agreement”) between the Authority and the Escrow Agent;
WHEREAS, upon issuance of the Series 2012 Refunding Bonds, and the
deposits with the Escrow Agent of a portion of the proceeds thereof inaccordance with the terms of the Escrow Deposit Agreement, the Series 2004
Bonds to be Refunded shall no longer be Outstanding under the Bond
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
in an aggregate principal amount not to exceed $34,500,000 (the “Series
2012 Morris Hills Board Refunding Bond”), which Series 2012 Morris Hills
Board Refunding Bond shall be payable by the Morris Hills Board, if
necessary, From the levy of ad valorem taxes upon all the taxable property
within the jurisdiction of the Morris Hills Board, without limitation as
to rate or amount;
WHEREAS, the Series 2012 Morris Hills Board Refunding Bond shall be
authorized pursuant to:
(1) A resolution authorizing the Authority to include all of the
Morris Hills Board’s requirements with respect to the Advance
Refunding Project in the Authority’s Local Finance Board
Application (as hereinafter defined), and accordingly submit
the Local finance Board Application on behalf of the Morris
Board (the “Morris Hills Board Local Finance Board
Resolution”);
(ii) A refunding board ordinance adopted by the Morris Hills Board
(the“ Morris Hills Board Refunding bond Ordinance”);
(iii) A resolution authorizing the sale of the Series 2012 Morris
Hills Board Refunding Bond to the Authority (the “Morris Hills
Board Private Sale Resolution”; and together with the Morris
Hills Board Local Finance Board Resolution, the Morris Hills
Board Refunding Bond Ordinance, and any other resolutions of
the Morris Hills Board pertaining to the Series 2012 Project
the “Morris Hills Board official Action”), which Morris Hills
Board Private Sale Resolution may also provide for (x) a non-
conforming maturity schedule (e.g. level debt service) for the
Series 2012 Morris Hills Board refunding bond, and/or (y)
redemption premium, both of which would require Local Finance
Board (as hereinafter defined0 consent, and (z) authorization
for the Morris Hills Board to execute and deliver LoanAgreement Amendment No. 1 and the other Financing Documents)
(as such terms are hereinafter defined) applicable to the
Morris Hills Board;
WHEREAS, the Series 2004 Loan Agreement shall be amended to
implement the Series 2012 Project by revising the terms of the Series 2004
Loan (as amended, the “Loan”), including the Authority’s purchase of the
Series 2012 Morris Hills Board Refunding Bond and the revised debt service
schedule for the Loan and the Series 2012 Morris Hills Board Refunding
Bond to be set forth on a revised Exhibit B to the Series 2004 Loan
Agreement, all through that certain “Amendment No 1 to Loan Agreement” to
be dated as of the first day of the month of issuance of the Series 2012
Refunding Bonds (the “Amendment No. 1 to Loan Agreement”, and together
with the Series 2004 Loan Agreement, and as the same may be further
amended or supplemental in accordance with its terms from time to time,
the ‘Loan Agreement”);
WHEREAS, payment of the principal of (including mandatory sinking
fund installments, if any) and interest on the Series 2012 Refunding Bonds
shall be fully, unconditionally and irrevocably guaranteed in an aggregate
principal amount not to exceed $34,500,000 in accordance with (i) the
terms of a guaranty ordinance of the County to be finally adopted by the
Board of Freeholders, (ii) by a guaranty certificate to be executed by an
authorized officer of the county on the face of each Series 2012 Refunding
Bond and (iii) as nay be required by any rating agency, underwriter,
Series 2012 Refunding Bond purchaser or other entity that will allow the
Authority to sell the Series 2012 Refunding Bonds at he lowest possiblecost to the Morris Hills Board, an agreement setting forth the County’s
obligation to make any such guaranty payments in accordance with and
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
promulgated by the Securities and Exchange Commission pursuant to the
Securities and Exchange Act of 1934, as amended, will be required to enter
into those certain “Local Unit continuing Disclosure Agreement (Morris
Hills Regional District Project)” to be dated as of the first day of the
month of issuance of the Series 2012 Refunding Bonds (as the same may be
amended and supplemented from time to time in accordance with their
respective terms, the “Local Unit Contracting Disclosure Agreement”) withthe Authority and the Trustee, as dissemination agent (the “Dissemination
Agent”) in order to satisfy the secondary market disclosure requirements
of Rule 15c2-12;
WHEREAS, pursuant to the terms of the Bond Resolution, the Authority
(i) shall not be considered a “materially obligated person” within the
meaning and for the purposes set forth in Rule 15c2-12 and (ii) shall be
required to provide certain material events notices in accordance with Rule
15c2-12, and accordingly, the Authority (a) may be required to enter into a
separate continuing disclosure agreement, and (b) shall be required to
provide such material events notices under the terms of the Local Unit
Continuing Disclosure Agreement, all in order to satisfy the secondary market
disclosure requirements of Rule 15c2-12 (the “Authority Continuing Disclosure
Agreement” and together with the Local Unit Continuing Disclosure Agreements
and the County Continuing Disclosure Agreement, the “Continuing Disclosure
Agreements”);
WHEREAS, in order to market and sell the Series 2012 Refunding Bonds,
the Authority will have to (i) make an application (the “Local Finance Board
Application”) to, and seek, obtain, and officially recognize the findings
from the Local Finance Board (the “Local Finance Board”) in the Department of
Local Government Services of the State Department of Community Affairs, all
in accordance with N.J.S.A. 40A:5A-6, 7 and 8 of the Local Authorities Fiscal
Control Law, (ii) authorize the distribution of a preliminary official
statement “deemed final” within the meaning and for the purposes of Rule
15c2-12 describing the terms of the Series 2012 Refunding Bonds, the Series
2012 Project and the other transactions contemplated hereby (the “PreliminaryOfficial Statement”), (iii) enter into a bond purchase agreement with an
underwriter to be selected from the Authority’s qualified underwriter list
procured through a fair and open process (the “Underwriter”) by the Authority
(the “Bond Purchase Agreement”), (iv) execute and deliver a final Official
Statement incorporating the terms of the sale of the Series 2012 Refunding
Bonds and certain other information into the Preliminary Official Statement
(the “Official Statement” and together with the Preliminary Official
Statement, the Bond Purchase Agreement, the “Sale Documents”);
WHEREAS, the Authority shall have no obligation with respect to the
Series 2012 Project other than the financing thereof through the issuance of
the Series 2012 Refunding Bonds; accordingly, the payment of the principal of
and interest on the Outstanding Bonds shall remain the sole responsibility ofthe Morris Hills Board through their payment of the principal of and interest
on the Outstanding Morris Hills Board Bond, as guaranteed by the County under
the County Guaranty; and
WHEREAS, in accordance with Section 13 (“Section 13”) of the Act
(N.J.S.A. 40:37A-56), prior to the issuance of the Series 2012 Refunding
Bonds, the Authority will have made a detailed report of the Series 2012
Project to the Board of Freeholders, which report will include, without
limitation, descriptions of the Series 2012 Supplemental Bond Resolution, the
Series 2012 Morris Hills Board Authorizing Resolutions, the Series 2012
Refunding Bonds, the Series 2012 County Guaranty, the Amendment No. 1 to Loan
Agreement, the Escrow Deposit Agreement, the Continuing Disclosure
Agreements, and if necessary, desirable or convenient as determined by the
Authority, the County, and as applicable, the Local Unit, such other
applicable agreements that may include one or more of the Local Finance Board
Application or any Sale Documents (collectively the “Financing Documents”)
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
shall fully, unconditionally and irrevocably guarantee the punctual
payment of the principal, when due, of (including sinking fund
installments, if any) and interest on the Series 2012 Refunding bonds in
an aggregate principal amount not exceeding $34,500,000, which Series 2012
Refunding Bonds are to be issued to finance the Series 2012 Project as
described in he preambles hereof. Notwithstanding the provisions of any
other Financing Document, upon the endorsement of the Series 2012Refunding Bonds referred to in Section 3 below by an authorized officer of
the County, the County shall be unconditionally and irrevocably obligated
to pay, when due, the principal of (including sinking fund installments,
if any) and interest on the Series 2012 Refunding Bonds to the extent the
Trustee, for any reason, has insufficient monies on any such payment dates
to pay the principal of and interest on the Series 2012 Refunding Bonds in
full when due on any such payment dates, in the same manner and to the
same extent as in the case of bonds issued by the County and accordingly,
the County shall be unconditionally and irrevocably obligated to levy ad
valorem taxes upon all the taxable property within the County for the
payment thereof without limitations to rate or amount. This unconditional
and irrevocable guaranty of the County effected hereby to pay the
principal of (including sinking fund installments, if any) and interest on
the Series 2012 Refunding Bonds when due in accordance with the terms
hereof and of the Financing Documents may not be waived, setoff or
otherwise abrogated by action or inaction of the Authority, the County or
for any other reason.
Section 3. The Director of the Board of Chosen Freeholders (the”
Freeholder Director”) shall, by manual or facsimile signature, and is
hereby directed to execute an endorsement on each of the Series 2012
Refunding Bonds evidencing this guaranty by the County as to the punctual
payment of the principal of (including sinking fund installments, if any);
when due, and interest thereon. The endorsement on each Series 2012 Bond
shall be in substantially the following form, and absent the fully
executed endorsement in such following form on any such Series 2012 Bond,
such Series 2012 Bond shall not be entitled to the benefits of thisguaranty ordinance:
“GUARANTY OF THE COUNTY OF MORRIS, NEW JERSEY
The payment of the principal of (including sinking fund
installments, if any) and interest on the within Series 2012 Bond shall be
fully, irrevocably and unconditionally guaranteed by the County of Morris,
New Jersey (the “County”) in accordance with the provisions of N.J.S.A.
40:37A-80 and the guaranty ordinance of the County finally adopted
pursuant thereto and any guaranty agreement executed by the County in
connection therewith, and the County is fully, irrevocably and
unconditionally liable for the payment, when due, of the principal of
(including sinking fund installments, if any) and interest on this Series
2012 Bond, and if necessary the County shall levy ad valorem taxes upon
all the taxable property within the County without limitation as to rate
or amount in order to make such payments.
IN WITNESS WHEREOF, the County has caused this County Guaranty to be
executed by the manual or facsimile signature of its Freeholder Director.
COUNTY OF MORRIS, NEW JERSEY
By: ___________________
Freeholder Director”
The Freeholder Director is hereby further authorized to execute or
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
statutory debt or other limitations, including particularly
any limitation or requirement under or pursuant to the Local
Bond Law, but the aggregate principal amount of the Series
2012 Refunding Bonds which shall be entitled to the benefits
of this guaranty ordinance, being an amount not to exceed
$34,500,000, shall, after their issuance, be included in the
gross debt of the County for the purpose of determining theindebtedness of the county under or pursuant to the Local Bond
Law.
(b) The principal amount of Series 2012 Refunding Bonds entitled
to the benefits of this guaranty ordinance and included in the
gross debt of the county shall be deducted and is hereby
declared to be and to constitute a deduction from such gross
debt under and for all the purpose of the Local Bond Law (i)
from and after the time of issuance of the Series 2012
Refunding Bonds until the end of the fiscal year beginning,
next after the completion of acquisition, construction,
installation or renovation of Series 2012 Project, and (ii) in
as of the end of said fiscal year or any subsequent fiscal
any annual debt statement filed pursuant to the Local Bond Law
year if the revenues or other receipts or moneys of the
Authority in such year(including amounts payable pursuant to
the Morris Hills Board Bonds) are sufficient to pay its
expenses of operation and maintenance in such year and all
amounts payable in such year on account of the County issued
as provided in Section 36 of the Act (N.J.S.A. 40:37A-79) and
all bonds of the Authority issued under the Act.
Section 5. The following maters are hereby determined, declared,
recited and stated:
(a) The maximum principal amount of Series 2012 Refunding Bonds
(including one or more series or bonds and one or more seriesor bond anticipation notes issued in anticipation thereof) of
the Authority which are hereby and hereunder fully,
unconditionally and irrevocably guaranteed as to the punctual
payment of the principal thereof (including sinking fund
installments, if any) and interest thereon Is $34,500,000; the
maximum principal amount of Series 2012 Refunding Bonds
(including one or more series of bonds and one or more series
of bond anticipation notes issued in anticipation thereof) of
the Authority that may be outstanding at any one time is
434,500,000; and the maximum estimated cost of Series 2012
Project to be financed in accordance with the transactions
contemplated hereby is $34,500,000;
(b) The purpose described in the guaranty ordinance is not a current
expense of the County and no part of the cost thereof has been
or shall be assessed on property specially benefited thereby.
(c) A supplemental debt statement of the County has been duly made
and filed in the office of the Clerk of the Board, and a complete
executed duplicate thereof has been filed in the office of the
Director of the Division of Local Government Services in the
Department of community Affairs of the State, and such debt
statement shows that while the gross debt of the county as
defined in the Local Bond Law, is increased by this guaranty
ordinance by $34,500,000 in accordance with the provisions of
the Act, the net debt of the County is not increased, and the
obligation of eh County authorized by or incurred pursuant to theterms of this guaranty ordinance is permitted by an exception to
the debt limitations of the Local Bond Law which exception is
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
Section 7. To the extent the Series 2012 Refunding Bonds (or any
portion thereof) are not issued in 2012 references herein to “2012” may
without any further action be changed to the year of issuance of such series
2012 refunding Bonds and all dates related to such year of issuance shall be
automatically adjusted.
Section 8. if any part (s) of this ordinance shall be deemed invalid,such part (s) shall be severed and the invalidity thereby shall not effect
the remaining parts of this ordinance.
Section 9. This guaranty ordinance shall take effect at the time and in
the manner provided by law.
Section 10. A public hearing shall be held on the guaranty ordinance on
February 8, 2012 at 7:30 p.m. in the freeholder Meeting Room, 5th Floor,
Administration and Records Building, Morristown, New Jersey.
Section 11. The Clerk of the Board of Freeholders is hereby directed to
publish and post notice of this guaranty ordinance as required by applicable
law, including the Act and Local Bond Law.
Section 12. Upon the adoption hereof, the Clerk of the Board of
Freeholders shall forward certified copies of this resolution to John
Bonanni, County Administrator and Chairman of the Authority, Daniel W.
O’Mullan, Esq., County Counsel and Stephen B. Pearlman, Esq., Counsel to the
Authority.
Director Chegwidden stated: “The Public Hearing is now open.”
There were no public comments, and the Director declared the Public
Hearing closed.
Freeholder Murphy moved that the ordinance under consideration be
adopted on the second and final reading. Freeholder Grossi seconded themotion.
The Clerk called and recorded the following vote:
YES: Freeholders Cabana, Feyl, Grossi, Mastrangelo, Murphy,
and Director Chegwidden (6)
Freeholder Murphy moved that the Clerk be authorized to publish the
Ordinance in summary form and notification of its passage in the local
newspaper in accordance with the law. Freeholder Grossi seconded the
motion, which passed with six YES votes.
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(2)
Director Chegwidden stated: “We will now consider for final
adoption the ordinance entitled ‘ORDINANCE OF THE COUNTY OF MORRIS NEW
JERSEY AUTHORIZING THE EXECUTION OR ACKNOWLEDGEMENT AND DELIVERRY OF
CERTAIN AGREEMENTS IN CONNECTION WITH THE MORRIS COUNTY IMPROVEMENT
AUTHORITY’S 2012 COUNTY GUARANTEED LEASING PROGRAM.”
Clerk Ketchum read the following ordinance:
WHEREAS, The Morris County Improvement Authority (including any
successors and assigns, the "Authority") has been duly created by resolution
no. 42 entitled "Resolution of the Board of Chosen Freeholders of Morris
County, New Jersey creating the Morris County Improvement Authority" dulyadopted by the Board of Chosen Freeholders (the "Board of Freeholders") of
the County of Morris (the "County") in the State of New Jersey (the "State")
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
District Local Units") and (iv) other local governmental units that provide
service to one or more Municipal Local Units, including County, municipal or
regional authorities (the "Other Local Units" and together with the County,
the Municipal Local Units and the School District Local Units, the "Local
Units");
WHEREAS, the Authority created a county guaranteed leasing program (the“County Guaranteed Leasing Program”, the “Program” or “CGLP”) whereby a Local
Unit can submit a request (the "Application") to the Authority to borrow
funds from or on behalf of the Authority under the Authority's CGLP to
finance or refinance the lease purchase of certain capital equipment and, if
applicable, other personal property (the "Equipment;" the financing of the
Equipment under the CGLP may be referred to herein as the "Project"),
pursuant to which Program the Authority can provide a low cost, efficient
means for financing Projects of the Local Unit;
WHEREAS, pursuant to the Act, specifically Section 34 thereof (N.J.S.A.
40:37A-77), a private lessor, including without limitation a leasing finance
company procured through a competitive process (the “Finance Company”), may
sell, lease, lend, grant or convey to the Authority or permit the Authorityor its Local Unit lessees to use, maintain or operate any real or personal
property, including without limitation the Equipment;
WHEREAS, pursuant to the Act, including without limitation Section 35
thereof (N.J.S.A. 40:37A-78), the Authority is authorized, without public
bidding, to enter into and perform any lease, sublease or other agreement
with, among others, a Local Unit, for the lease to or use by the Local Unit
of all or any part of any public facility or facilities as determined in
Section 11 of the Act (N.J.S.A. 40:37A-54(l)), including without limitation
the Equipment;
WHEREAS, the Authority created the CGLP to provide low cost, timely and
turnkey lease purchase financing to Local Units desiring to lease finance or
refinance their Equipment needs;
WHEREAS, under the CGLP, from time to time, as Local Units express the
desire to enter into the Program and take the required authorization actions
(the “Local Unit Official Action”) therefore, the Lessor provides funds, at
tax-exempt rates to the Local Units against purchase orders or other evidence
of such Local Units’ Equipment needs within the hereinafter defined Overall
Maximum Program Amount, whereupon the Equipment will be owned by the Finance
Company, leased to the Authority under the Master Lease (defined below), and
subleased by the Authority, as lessor, to the Local Unit, as lessee, which
Local Unit will have the right to quiet use of and be obligated to maintain,
the Equipment, all under a sublease purchase agreement (the “Sublease”) to be
entered into by the Authority and each such Local Unit in accordance with all
applicable law, including without limitation Section 35 of the Act (N.J.S.A.40:37A-78);
WHEREAS, upon expiration of the Sublease, the Equipment will be sold by
the Finance Company through the Authority to the Local Unit for nominal
consideration, which Local Unit will thereafter possess clear title to the
Equipment;
WHEREAS, under the Master Lease and the Sublease, (i) the County and
the Municipal Local Units make general obligation Sublease payments directly
to the Finance Company, as assignee under the Master Lease of such payments
otherwise due the Authority under the Sublease, and (ii) the School District
Local Units and the Other Local Units make contractually obligated, subject
to appropriation, Sublease payments directly to the Finance Company, as
assignee under the Master Lease of such payments otherwise due the Authority
under the Sublease;
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
Program Amount, which Original Bond was issued directly to the Finance
Company as sole Bondholder, and which Bond will be payable to the Finance
Company only upon a deficiency in Sublease payments due and owing by the
respective Local Units, in which case the County will have fully,
unconditionally and irrevocably guaranteed the payment of the principal of
the Original Bond up to the Original Maximum Program Amount, plus interest
thereon, through (i) the final adoption of a guaranty ordinance by the Boardof Freeholders, (ii) the execution by an authorized officer of the County of
a guaranty certificate on the face of each bond and (iii) as may be required
by any rating agency, Finance Company or other entity giving approval to the
CGLP, an agreement setting forth the County’s obligation to make any such
guaranty payments in accordance with and within the parameters set forth in
the guaranty ordinance, all in accordance with all applicable law, including
Section 37 of the Act (N.J.S.A. 40:37A-80), (collectively, the “Original
County Guaranty”);
WHEREAS, the Original Bond was authorized by the Act, all other
applicable law, and a bond resolution (the “Original Bond Resolution”) of the
Authority adopted pursuant to N.J.S.A. 40:37A-60 and -62 of the Act;
WHEREAS, on June 14, 2006 the Authority obtained the approval of the
Local Finance Board for (i) the extension of the Program until July 31, 2007
and (ii) an additional $10,000,000 authorization thereby increasing the
Original Maximum Program Amount (until further increased or renewed by the
Authority, the County and the Local Finance Board, the “2006 Increased
Program Amount”) in an amount not to exceed $20,000,000;
WHEREAS, the Authority, entered into an amendment No. 1 to Master Lease
(the “Amendment No. 1 to Master Lease”) with the Finance Company for the
lease of Equipment to be determined in accordance with each Sublease entered
into with Local Units under the Program, in the 2006 Increased Program Amount
in an amount not to exceed $20,000,000;
WHEREAS, the Authority issued to the Finance Company a performance bond(the “2006 Amended Bond”) in a principal amount up to the 2006 Increased
Program Amount, which 2006 Amended Bond was issued directly to the Finance
Company as sole Bondholder, and which 2006 Amended Bond was payable to the
Finance Company only upon a deficiency in Sublease payments due and owing by
the respective Local Units, in which case the County will have fully,
unconditionally and irrevocably guaranteed the payment of the principal of
the Revised Bond up to the 2006 Increased Program Amount, plus interest
thereon, through (i) the final adoption of an amendment to the original
guaranty ordinance by the Board of Freeholders, and (ii) the execution by an
authorized officer of the County of a guaranty certificate on the face of the
Amended Bond, all in accordance with all applicable law, including Section 37
of the Act (N.J.S.A. 40:37A-80), (collectively, the “2006 Amended County
Guaranty”);
WHEREAS, the 2006 Amended Bond was authorized by the Act, all other
applicable law, and a supplemental bond resolution amended and supplementing
the terms of the Original Bond Resolution (the “2006 Supplemental Bond
Resolution”) of the Authority adopted pursuant to N.J.S.A. 40:37A-60 and -62
of the Act;
WHEREAS, on June 13, 2007 the Authority obtained the approval of the
Local Finance Board for (i) the extension of the Program until July 31, 2008
and (ii) an additional $10,000,000 authorization thereby increasing the
Original Maximum Program Amount (until further increased or renewed by the
Authority, the County and the Local Finance Board, the “Overall Maximum
Program Amount”) in an amount not to exceed $30,000,000;
WHEREAS, the Authority, entered into an amendment No. 2 to Master Lease
(the “Amendment No 2 to Master Lease”) with the Finance Company for the
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
thereon, through (i) the final adoption of an amendment to the original
guaranty ordinance by the Board of Freeholders and (ii) the execution by an
authorized officer of the County of a guaranty certificate on the face of the
Amended Bond, all in accordance with all applicable law, including Section 37
of the Act (N.J.S.A. 40:37A-80), (collectively, the “2007 Amended County
Guaranty”);
WHEREAS, the 2007 Amended Bond was authorized by the Act, all other
applicable law, and a supplemental bond resolution amended and supplementing
the terms of the Original Bond Resolution (the “2007 Supplemental Bond
Resolution”) of the Authority adopted pursuant to N.J.S.A. 40:37A-60 and -62
of the Act;
WHEREAS, the Program has been successful in lending the proceeds of a
portion of the Overall Maximum Program Amount to Local Units;
WHEREAS, the Authority made an application to the Local Finance Board
for the extension of the Program until July 31, 2009 (the “2008 Program
Extension”);
WHEREAS, the Local Finance Board, at a meeting held on June 9, 2008 did
issue favorable Findings with respect to the 2008 Program Extension;
WHEREAS, the Authority made an application to the Local Finance Board
for the extension of the Program until July 31, 2010 (the “2009 Program
Extension”);
WHEREAS, the Local Finance Board, at a meeting held on August 12, 2009
did issue favorable Findings with respect to the 2009 Program Extension;
WHEREAS, the Authority made an application to the Local Finance Board
for the extension of the Program until July 31, 2011 (the “2010 Program
Extension”);
WHEREAS, the Local Finance Board, at a meeting held on June 9, 2010 did
issue favorable Findings with respect to the 2010 Program Extension;
WHEREAS, the Authority made an application to the Local Finance Board
for the extension of the Program until July 31, 2012 (the “2011 Program
Extension”);
WHEREAS, the Local Finance Board, at a meeting held on May 11, 2011 did
issue favorable Findings with respect to the 2011 Program Extension;
WHEREAS, the County of Morris, New Jersey (the “Participant”), has
submitted a request to finance the Equipment set forth on Exhibit A attached
hereto; and
WHEREAS, in order to participate in the Program, the Participant shall
enter into a Sublease in substantially the form attached hereto as Exhibit B.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE COUNTY OF
MORRIS, NEW JERSEY (not less than two-thirds of all members thereof
affirmatively concurring), AS FOLLOWS:
Section 1. The Participant’s Project and the financing of the
Participant’s Project through the Financing Documents are hereby approved.
Section 2. The Freeholder Director, the County Administrator, the
Clerk and the Treasurer/Chief Financial Officer of the Participant
(collectively, the “Authorized Officer”) are hereby each severally authorizedand directed, upon the satisfaction of all the legal conditions precedent to
the execution or acknowledgment and delivery by the Participant of the
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Sublease that will result from the negotiation with the Authority as approved
by the Consultants, so long as such final financing terms are within the
parameters of those listed in the Application and the Findings.
Section 3. Each of the Clerk and the Chief Financial Officer of the
Participant is hereby authorized and directed, upon the execution or
acknowledgment of the documents set forth in Section 2 hereof in accordancewith the terms of Section 2 hereof, to attest to the Authorized Officer's
execution or acknowledgment of such documents, and each is hereby further
authorized and directed, when required by the Authority, to thereupon affix
the seal of the Participant to such documents.
Section 4. Upon the execution or acknowledgment and attestation of
and, if required, the placing of the seal on the documents set forth in
Section 2 hereof as contemplated by Sections 2 and 3 hereof, the Authorized
Officer is hereby authorized and directed to (i) deliver such fully executed
or acknowledged, attested and sealed Financing Documents to the other parties
thereto and (ii) perform such other actions as the Authorized Officer deems
necessary, desirable or convenient in relation to the execution and delivery
thereof or in order to effect the transaction contemplated thereby.
Section 5. The governing body of the Participant hereby (i) ratifies
all actions taken by any Authorized Officer of the Participant, (ii)
authorizes the performance of any act and the execution or acknowledgment and
delivery of any other document, instrument or closing certificates that the
Authorized Officer, after consultation with the Consultants, deems necessary,
desirable or convenient in connection with this contemplated transaction, and
(iii) hereby directs the Authorized Officer to execute or acknowledge, attest
and affix the seal to any such documents, instruments or closing
certificates, the authorization of which actions shall be conclusively
evidenced by the execution or acknowledgment, attestation, affixation and
delivery, as the case may be, thereof by such persons.
Section 6. This ordinance shall constitute an appropriation for thepurposes of N.J.S.A. 40A:4-57 and all other applicable law.
Section 7. This ordinance shall take effect at the time and in the
manner prescribed by law.
Section 8. Upon the adoption hereof, the Clerk of the Participant
shall forward certified copies of this ordinance to the Authorized Officer,
John Bonanni, Chairman of the Authority, and Stephen B. Pearlman, Esq.,
Inglesino, Pearlman, Wyciskala & Taylor, LLC, bond counsel to the Authority.
Director Chegwidden stated: “The Public Hearing is now open.”
There were no public comments, and the Director declared the Public
Hearing closed.
Freeholder Murphy moved that the ordinance under consideration be
adopted on the second and final reading. Freeholder Grossi seconded the
motion.
The Clerk called and recorded the following vote:
YES: Freeholders Cabana, Feyl, Grossi, Mastrangelo, Murphy,
and Director Chegwidden (6)
Freeholder Murphy moved that the Clerk be authorized to publish the
Ordinance in summary form and notification of its passage in the local
newspaper in accordance with the law. Freeholder Grossi seconded themotion, which passed with six YES votes.
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
concerns about the formation of a commission. Freeholder Grossi encouraged
Mr. Moken to attend the February 27th meeting at the Frelinghuysen Arboretum
which will address the public’s questions and concerns.
--
RESOLUTIONS
Freeholder Murphy presented the following resolutions:
(1)
WHEREAS, a contract was awarded on July 14, 2010 for intersection
improvements to East Main Street and Franklin Avenue, Rockaway Borough; and
WHEREAS, it has been determined that it is necessary to increase said
contract to conform to “as-built” quantities and cover non-reimbursable
Police Traffic Directors;
NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey that pursuant to Local Public
Contracts Regulations, contract modification as detailed on “Contract Change
Order Request” No. 1-19955 is hereby approved as follows:
1. Vendor: Tilcon New York, Inc.
625 Mount Hope Road
Wharton, NJ 07885
2. Item: Conform to “as built” quantities
3. Increase in Cost: $26,775.87
4. New Contract Total: $510,109.20
5. The necessary amended Certificate of Availability of Funds has been
provided by the Treasurer and said amended Certificate indicates theavailability of funds is as listed in Account #02-213-41-864075-391
($6,315.33) and account #04-216-55-953165-951 ($20,480.00) and said
accounts shall be charged.
6. The Director of the Board of Chosen Freeholders is hereby authorized to
execute said contract modification.
7. This resolution shall take effect immediately.
--
(2)
WHEREAS, a contract was awarded on July 27, 2011 Milling and
Resurfacing of Berkshire Valley Road in Jefferson; and
WHEREAS, it has been determined that it is necessary to decrease said
contract to conform to as-built quantities;
NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey that pursuant to Local Public
Contracts Regulations, contract modification as detailed on “Contract Change
Order Request” No. 1-41182 is hereby approved as follows:
1. Vendor: Tilcon New York, Inc.
625 Mount Hope Road
Wharton, NJ 07885
2. Item: To Conform to As Built Quantities
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
7. This resolution shall take effect immediately.
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(3)
WHEREAS, at the January 25, 2012 meeting of the Board of Chosen
Freeholders of the County of Morris (“the Board”) adopted Resolution #44entitled “SUPPLEMENTAL RESOLUTION AUTHORIZING THE ISSUANCE OF COUNTY OF
MORRIS GUARANTEED SCHOOL DISTRICT REVENUE REFUNDING BONDS, SERIES 2012
(MORRIS HILLS REGIONAL DISTRICT PROJECT) OF THE MORRIS COUNTY IMPROVEMENT
AUTHORITY”;
WHEREAS, the Board is desirous of rescinding the adoption of Resolution
#44;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CHOSEN FREEHOLDERS OF
THE COUNTY OF MORRIS, NEW JERSEY as follows:
1. The Board rescinds Resolution #44 adopted at the January 25, 2012
Board meeting.
2. This resolution shall take effect immediately.
--
(4)
RESOLUTION PROVIDING MORRIS COUNTY'S CONSENT TO THE ISSUANCE BY THE
MORRIS COUNTY IMPROVEMENT AUTHORITY OF THE AUTHORITY’S COUNTY OF MORRIS
GUARANTEED SCHOOL DISTRICT REVENUE REFUNDING BONDS,
SERIES 2012 (MORRIS HILLS REGIONAL DISTRICT
PROJECT) AND RELATED DOCUMENTS
WHEREAS, The Morris County Improvement Authority (including anysuccessors and assigns, the “Authority”) has been duly created by resolution
no. 42 entitled “Resolution of the Board of Chosen Freeholders of Morris
County, New Jersey creating the Morris County Improvement Authority” duly
adopted by the Board of Chosen Freeholders (the “Board of Freeholders”) of
the County of Morris (the “County”) in the State of New Jersey (the “State”)
on April 10, 2002 as a public body corporate and politic of the State
pursuant to and in accordance with the county improvement authorities law,
constituting Chapter 183 of the Pamphlet Laws of 1960 of the State, and the
acts amendatory thereof and supplemental thereto (the “Act”) and other
applicable law;
WHEREAS, the Authority is authorized by law to finance public
facilities through the acquisition of debt including without limitation thegeneral obligation school district bond of the Morris Hills Regional District
(the “Morris Hills Board” or the “Local Unit”);
WHEREAS, on March 31, 2004, the Authority issued its $43,092,000
original aggregate principal amount of “County of Morris Guaranteed School
District Revenue Bonds, Series 2004 (Morris Hills Regional District Project)”
(the “Series 2004 Bonds”) for the purpose, among other things, of the
purchase of a general obligation school district bond of the Morris Hills
Board in the original aggregate principal amount of $43,092,000 (the “Series
2004 Morris Hills Board Bond”);
WHEREAS, the Series 2004 Morris Hills Board Bond was issued pursuant to
a proposal approved by the Morris Hills Board on February 3, 2003 and by the
legal voters of such school district on March 11, 2003 (the “Morris Hills
Board Proposal”) and a resolution of the Morris Hills Board authorizing the
issuance by the Morris Hills Board and sale to the Authority of the Series
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
WHEREAS, the 2004 Loan was secured through the Morris Hills Board Bond
and the Original Loan Agreement which 2004 Loan was to be repaid by the
Morris Hills Board in accordance with a debt service schedule set forth in
Exhibit A to the Morris Hills Board Bond and Exhibit B to the Series 2004
Loan Agreement;
WHEREAS, the Series 2004 Bonds were issued pursuant to (i) a bondresolution of the Authority entitled “Resolution Authorizing the Issuance of
County of Morris Guaranteed School District Revenue Bonds, Series 2004 (Morris
Hills Regional District Project) and Additional Bonds of the Morris County
Improvement Authority”, which was duly adopted by the Authority at a meeting
thereof duly called and held on February 11, 2004, as amended and supplemented
by a Certificate of the Chairman of the Authority dated March 31, 2004 issued
pursuant to Section 2.02(1)(e) of the original bond resolution (collectively,
the “Series 2004 Bond Resolution), (ii) the Act, and other applicable law;
WHEREAS, payment of the principal of (including mandatory sinking fund
installments, if any) and interest on the Series 2004 Bonds was fully,
unconditionally and irrevocably guaranteed in an aggregate principal amount
not to exceed $45,000,000 in accordance with (i) the terms of a guaranty
ordinance of the County finally adopted by the Board of Freeholders on
February 11, 2004 and (ii) by a guaranty certificate executed by an
authorized officer of the County on the face of each Series 2004 Bond
(collectively, the “Series 2004 County Guaranty”), all pursuant to Section 37
(“Section 37”) of the Act (N.J.S.A. 40:37A-80) and other applicable law,
which payments are included as part of the Trust Estate applicable to the
Series 2004 Bonds pledged by the Authority to the Trustee under the Series
2004 Bond Resolution;
WHEREAS, the Series 2004 Bonds are presently Outstanding (as such term
is defined in the Series 2004 Bond Resolution) in the aggregate principal
amount of $34,747,000, a portion of which is subject to redemption on or
after October 1, 2014, at the option of the Morris Hills Board, upon notice
to the Authority, at a redemption price equal to 100% of the principal amountto be redeemed (the “Callable Series 2004 Bonds”);
WHREAS, the Morris Hills Board has notified the Authority of its
intention to advance refund all or a portion of the Callable Series 2004 Bonds
(the “Series 2004 Bonds to be Refunded”);
WHEREAS, the Authority and the Morris Hills Board have determined that
there are debt service savings to be achieved through the advance refunding
of all or a portion of the Series 2004 Bonds to be Refunded (the “Advance
Refunding Project”);
WHEREAS, in order to implement the Advance Refunding Project, and to
pay the costs of issuance and fund any necessary reserves or other costsrelated thereto (collectively the “Series 2012 Project”), the Authority shall
adopt a bond resolution entitled "SUPPLEMENTAL RESOLUTION AUTHORIZING THE
ISSUANCE OF COUNTY OF MORRIS GUARANTEED SCHOOL DISTRICT REVENUE REFUNDING
BONDS, SERIES 2012 (MORRIS HILLS REGIONAL DISTRICT PROJECT) OF THE MORRIS
COUNTY IMPROVEMENT AUTHORITY" (the “Series 2012 Supplemental Bond Resolution
” and together with the Series 2004 Bond Resolution, and any further
amendments thereof or supplements thereto, the “Bond Resolution”);
WHEREAS, the Series 2012 Supplemental Bond Resolution shall authorize
the issuance of “County of Morris Guaranteed School District Revenue
Refunding Bonds, Series 2012 (Morris Hills Regional District Project)” in the
aggregate principal amount not to exceed $34,500,000 (the “Series 2012
Refunding Bonds”);
WHEREAS, the Advance Refunding Project shall be achieved through the
deposit of a portion of the proceeds of the Series 2012 Refunding Bonds with
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
Refunding Project (the “Outstanding Series 2004 Bonds”) and the Series 2012
Refunding Bonds shall be Outstanding under the Bond Resolution;
WHEREAS, the Series 2012 Refunding Bonds shall be secured on a parity
basis with the Outstanding Series 2004 Bonds, and any other Bonds issued
under and as defined in the Bond Resolution (collectively, the “Outstanding
Bonds”), by the Series 2012 Trust Estate under and as defined in the BondResolution, including the Series 2012 Supplemental Bond Resolution, which
Series 2012 Trust Estate shall consist, in material part, of the payment of
the principal, redemption premium, if any, and interest on the general
obligation school district bond of the Morris Hills Board in an aggregate
principal amount not to exceed $34,500,000 (the “Series 2012 Morris Hills
Board Refunding Bond”), which Series 2012 Morris Hills Board Refunding Bond
shall be payable by the Morris Hills Board, if necessary, from the levy of ad
valorem taxes upon all the taxable property within the jurisdiction of the
Morris Hills Board, without limitation as to rate or amount;
WHEREAS, the Series 2012 Morris Hills Board Refunding Bond shall be
authorized pursuant to:
(i) A resolution authoring the Authority to include all of the Morris Hill
Board’s requirements with respect to the Advance Refunding Project in the
Authority’s Local Finance Board Application (as hereinafter defined), and
accordingly submit the Local Finance Board Application on behalf of the Morris
Hills Board (the “Morris Hills Board Local Finance Board Resolution”);
(Ii) A refunding bond ordinance adopted by the Morris Hills Board (the “Morris
Hills Board Refunding Bond Ordinance”);
(III) A resolution authorizing the sale of the Series 2012 Morris Hills Board
Refunding Bond to the Authority (the “Morris Hills Board Private Sale
Resolution”, and together with the Morris Hills Board Local Finance Board
Resolution, the Morris Hills Board Refunding Bond Ordinance, and any other
resolutions of the Morris Hills Board pertaining to the Series 2012 Project,the “Morris Hills Board Official Action”), which Morris Hills Board Private
Sale Resolution may also provide for (x) a non-conforming maturity schedule
(e.g., level debt service) for the Series 2012 Morris Hills Board Refunding
Bond, and/or (y) redemption premium, both of which would require Local Finance
Board (as hereinafter defined) consent, and (z) authorization for the Morris
Hills Board to execute and deliver Loan Agreement Amendment No. 1 and the other
Financing Documents (as such terms are hereinafter defined) applicable to the
Morris Hills Board;
WHEREAS, the Series 2004 Loan Agreement shall be amended to implement
the Series 2012 Project by revising the terms of the Series 2004 Loan (as
amended, the “Loan”), including the Authority’s purchase of the Series 2012
Morris Hills Board Refunding Bond and the revised debt service schedule forthe Loan and the Series 2012 Morris Hills Board Refunding Bond to be set
forth on a revised Exhibit B to the Series 2004 Loan Agreement, all through
that certain “Amendment No. 1 to Loan Agreement” to be dated as of the first
day of the month of issuance of the Series 2012 Refunding Bonds (the
“Amendment No. 1 to Loan Agreement”, and together with the Series 2004 Loan
Agreement, and as the same may be further amended or supplemented in
accordance with its terms from time to time, the “Loan Agreement”);
WHEREAS, payment of the principal of (including mandatory sinking fund
installments, if any) and interest on the Series 2012 Refunding Bonds shall
be fully, unconditionally and irrevocably guaranteed in an aggregate
principal amount not to exceed $34,500,000 in accordance with (i) the terms
of a guaranty ordinance of the County to be finally adopted by the Board of
Freeholders, (ii) by a guaranty certificate to be executed by an authorized
officer of the County on the face of each Series 2012 Refunding Bond and
(iii) as may be required by any rating agency, underwriter, Series 2012
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
WHEREAS, pursuant to the terms of the Loan Agreement, the Morris Hills
Board constitutes a “materially obligated person” within the meaning and for
the purposes set forth in Rule 15c2-12 (“Rule 15c-12”) promulgated by the
Securities and Exchange Commission pursuant to the Securities and Exchange
Act of 1934, as amended, will be required to enter into those certain “Local
Unit Continuing Disclosure Agreement (Morris Hills Regional District
Project)” to be dated as of the first day of the month of issuance of theSeries 2012 Refunding Bonds (as the same may be amended and supplemented from
time to time in accordance with their respective terms, the “Local Unit
Continuing Disclosure Agreement”) with the Authority and the Trustee, as
dissemination agent (the “Dissemination Agent”) in order to satisfy the
secondary market disclosure requirements of Rule 15c2-12;
WHEREAS, pursuant to the terms of the Bond Resolution due to the County
Guaranty, as a “materially obligated person” within the meaning and for the
purposes set forth in Rule 15c2-12, the County shall be required to enter
into that certain “County Continuing Disclosure Agreement (Pooled Unfunded
ERI Liability Project)” to be dated as of the first day of the month of
issuance of the Series 2012 Refunding Bonds (as the same may be amended and
supplemented from time to time in accordance with its terms, the “CountyContinuing Disclosure Agreement”) with the Authority and the Dissemination
Agent in order to satisfy the secondary market disclosure requirements of
Rule 15c2-12;
WHEREAS, pursuant to the terms of the Bond Resolution, the Authority
(i) shall not be considered a “materially obligated person” within the
meaning and for the purposes set forth in Rule 15c2-12 and (ii) shall be
required to provide certain material events notices in accordance with Rule
15c2-12, and accordingly, the Authority (a) may be required to enter into a
separate continuing disclosure agreement, and (b) shall be required to
provide such material events notices under the terms of the Local Unit
Continuing Disclosure Agreement, all in order to satisfy the secondary market
disclosure requirements of Rule 15c2-12 (the “Authority Continuing Disclosure
Agreement” and together with the Local Unit Continuing Disclosure Agreementsand the County Continuing Disclosure Agreement, the “Continuing Disclosure
Agreements”);
WHEREAS, in order to market and sell the Series 2012 Refunding Bonds,
the Authority will have to (i) make an application (the “Local Finance Board
Application”) to, and seek, obtain, and officially recognize the findings
from the Local Finance Board (the “Local Finance Board”) in the Department of
Local Government Services of the State Department of Community Affairs, all
in accordance with N.J.S.A. 40A:5A-6, 7 and 8 of the Local Authorities Fiscal
Control Law, (ii) authorize the distribution of a preliminary official
statement “deemed final” within the meaning and for the purposes of Rule
15c2-12 describing the terms of the Series 2012 Refunding Bonds, the Series
2012 Project and the other transactions contemplated hereby (the “PreliminaryOfficial Statement”), (iii) enter into a bond purchase agreement with an
underwriter to be selected from the Authority’s qualified underwriter list
procured through a fair and open process (the “Underwriter”) by the Authority
(the “Bond Purchase Agreement”), (iv) execute and deliver a final Official
Statement incorporating the terms of the sale of the Series 2012 Refunding
Bonds and certain other information into the Preliminary Official Statement
(the “Official Statement” and together with the Preliminary Official
Statement, the Bond Purchase Agreement, the “Sale Documents”);
WHEREAS, the Authority shall have no obligation with respect to the
Series 2012 Project other than the financing thereof through the issuance of
the Series 2012 Refunding Bonds; accordingly, the payment of the principal of
and interest on the Outstanding Bonds shall remain the sole responsibility of
the Morris Hills Board through their payment of the principal of and interest
on the Outstanding Morris Hills Board Bond, as guaranteed by the County under
the County Guaranty; and
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
applicable agreements that may include one or more of the Local Finance Board
Application or any Sale Documents (collectively, the “Financing Documents”).
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CHOSEN FREEHOLDERS OF
THE COUNTY OF MORRIS, NEW JERSEY, as follows:
Section 1. In accordance with Section 13 and all other applicable law,the County of Morris Board of Freeholders hereby consent to (i) Series 2012
Project and the financing of same on behalf of the Morris Hills Board through
the Financing Documents, (ii) the execution or acknowledgment and delivery by
the Authority of the Amendment No. 1 to Loan Agreement and the Continuing
Disclosure Agreements in substantially the forms attached hereto as Exhibits
A and B, respectively (iii) the adoption by the Authority of the Series 2012
Supplemental Bond Resolution in substantially the form attached hereto as
Exhibit C, (iv) the issuance, sale and delivery of the Series 2012 Refunding
Bonds to effect such purpose and (v) the adoption and execution and delivery
of the Series 2012 County Guaranty as further security for the Series 2012
Refunding Bonds. The County's consent hereto to the Financing Documents
contemplates the insertion of the final financing terms therein that will
result from the sale of the Series 2012 Refunding Bonds, which financingterms shall be limited only by those financing term parameters set forth in
the Local Finance Board Application of the Authority filed with the Local
Finance Board (and on file with the County Administrator) relating to the
Series 2012 Refunding Bonds and the findings related thereto and the
parameters set forth herein.
Section 2. To the extent the Series 2012 Refunding Bonds are issued in
any year other than 2012 references herein to “2012” may without any further
action be changed to the year of issuance of such Series 2012 Refunding
Bonds.
Section 3. This resolution shall take effect immediately.
Section 4. Upon the adoption hereof, the Clerk of the Board ofFreeholders shall forward certified copies of this resolution to John
Bonanni, County Administrator and Chairman of the Authority, Daniel W.
O’Mullan, Esq., County Counsel, and Stephen B. Pearlman, Esq., counsel to the
Authority.
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(5)
WHEREAS, there exists the need for eleven (11) Congregate Nutrition
Sites,
NOW, THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey as follows;
The Director of the Board of chosen freeholders is hereby authorized to
sign and execute the lease agreements with the following parties, copies of
which are on file in the division on Aging, Disabilities and Veterans and
made a part hereof by reference.
The County Treasurer is hereby authorized to issue Certificates of
Availability of Funds charging Nutrition FMS Account#01-201-41-716100-148 as
follows:
Chatham
Church of Christ $2,400.00
ChesterPresbyterian Community Church $ -0-
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
Morris County Housing Authority $-0-
Morristown
Housing Authority of Town of Morristown $1,000.00
ParsippanyParsippany Community Center $-0-
Rockaway
Morris County Housing Authority $-0-
Roxbury
Roxbury Community Center $2,400.00
--
(6)
BE IT RESOLVED, by the Board of Chosen Freeholders of the County of
Morris in the State of New Jersey that the Director of the Board of Chosen
Freeholders is hereby authorized to sign and execute a Memorandum of
Understanding between the County of Morris and the Butler Fire Department for
the use and sharing of certain decontamination equipment and supplies, a copy
of which is on file in the Office of the Director of the Department of Law
and Public Safety and made a part hereof by reference.
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(7)
WHEREAS, there exists a need for the provision of Engineering
Consulting Services for the Morris County’s MUTCD Retro-Reflectivity TrafficSign Inventory and Assessment FY12; and
WHEREAS, the contract was awarded as a “Professional Service” in
accordance with N.J.S.A. 40A:11-5 (1)(a)(i) et seq. through a fair and open
process, pursuant to N.J.S.A. 19:44A-20.4 et seq.;
NOW THEREFORE BE IT RESOLVED by the Board of Chosen Freeholders of the
County of Morris in the State of New Jersey as follows:
1. The agreements between the County of Morris and
Greenman-Pedersen, Inc.
100 Corporate Drive, Suite 301
Lebanon, NJ 08833
Amount: $109,905.18
Term: Shall be completed by June 30, 2012
Account#:02-213-41-864205-391
for the aforesaid services, a copy of which is on file at the Morris
County Purchasing Division and is made a part hereof by reference, is
hereby approved and shall be entered into by this Board.
2. The Director of the Board of Chosen Freeholders is hereby authorized to
execute said agreement conditioned upon the contractor’s compliance
with the requirements set forth in paragraph 5 below.
3. The Treasurer is hereby authorized to issue a Certificate ofAvailability of Funds in accordance with the aforesaid agreement.
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey that pursuant to Local Public
Contracts Regulations, contract modification as detailed on “Contract Change
Order Request” No. 1-45143 is hereby approved as follows:
1. Vendor: Tilcon New York, Inc.625 Mount Hope Road
Wharton, NJ 07885
2. Item: Conform to “as-built” quantities
3.
Decrease in Cost: $ 5,071.49
4. New Contract Total: $ 363,730.48
5. The necessary amended Certificate of Availability of Funds has been
provided by the Treasurer and said amended Certificate indicates the
availability of funds is as listed in Account #02-213-41-864185-391 ($-
$760.23) and Account #04-216-55-953165-951 (-$4,291.26), and said
accounts shall be credited.
6. The Director of the Board of Chosen Freeholders is hereby authorized to
execute said contract modification.
7. This resolution shall take effect immediately.
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(9)
RESOLUTION AUTHORIZING EXECUTION OF MODIFCATION NO. 1
TO THE FEDERAL AID AGREEMENT NO. 2009-DT-BLA1-30
BETWEEN NJDOT AND THE COUNTY OF MORRIS FOR THE WESTHANOVER AVENUS AND BURNHAM ROAD INTERSECTION
IMPROVEEMENTS IN THE BOROUGH OF MORRIS PLAINS AND THE
TOWNSHIP OF MORRIS
WHEREAS, Federal Funds are available for Transportation Improvement
Program Projects; and
WHEREAS, the New Jersey Department of Transportation has prepared
Federal Aid Agreement No. 2009-DT-BLA1-30, a cost reimbursement agreement,
which is established under and constitutes a part of the Basic Agreement
signed on February 25, 2010;
WHEREAS, it has become necessary to reduce the authorized amount to
meet the bid prices. As a result the reimbursed cost to Morris County for the
project will be $178,819.00.
NOW, THEREFORE BE IT RESOLVED that the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey does hereby authorize the
Director and the Clerk of the Board to execute Modification No. 1 to Federal
Aid Agreement No. 2009-DT-BLA1-30 with the New Jersey Department of
Transportation.
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(10)
RESOLUTION AUTHORIZING EXECUTION OF MODIFCATION NO. 1TO THE FEDERAL AID AGREEMENT NO. 2009-DT-BLA1-31
BETWEEN NJDOT AND THE COUNTY OF MORRIS FOR THE RIDGEDALE
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
WHEREAS, it has become necessary to reduce the authorized amount to
meet the bid prices. As a result the reimbursed cost to the Morris County for
the project will be $262,561.00.
NOW, THEREFORE BE IT RESOLVED that the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey does hereby authorize the
Director and the Clerk of the Board to execute Modification No. 1 to FederalAid Agreement No. 2009-Dt-BLA1-31 with the New Jersey Department of
Transportation.
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(11)
RESOLUTION AUTHORIIZNG THE COUNTY OF MORRIS TO ENTER INTO AN
INTER-LOCAL SERVICE AGREEMENT WITH THE SOUTHEAST
MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY
FOR THE RELOCATION OF AN EXISTING 12” WATER MAIN
IN CONJUNCTION WITH THE REPLACEMENT OF BRIDGE NO. 1400-386
ON COUNTY ROUTE 622 (WHIPPANY ROAD) OVER THE
WHIPPANY RIVER IN THE TOWNSHIP OH HANOVER
WHEREAS, there exists a need for the relocation of an existing 8-inch
diameter cast iron water main in conjunction with the replacement of Bridge
No. 1400-386 on County Route 622 (Whippany Road) over the Whippany River in
the Township of Hanover; and
WHEREAS, the existing cast iron water main is owned by the Southeast
Morris County Municipal Utilities Authority and has to be relocated as it
interferes with the construction of the proposed bridge; and
WHEREAS, the work involved in the relocation of the ductile iron water
main is to be incorporated into the County’s Contract to replace Bridge No.
1400-386; and
WHEREAS, the cost associated with this work is estimated to be
approximately Forty Eight Thousand Eight Hundred Twenty Dollars ($48,820.00);
and
WHEREAS, the Southeast Morris County Municipal Utilities Authority will
reimburse the County for all costs associated with this work, including
additional work resulting from any field conditions not forseen at the time
the Contract is awarded.
NOW THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of the
County of Morris in the State of New Jersey as follows:
1. An agreement between the County of Morris and the Southeast Morris
County Municipal utilities Authority which Agreement is on file in the
Office of the County Engineer and will be made a part thereof by
reference, is hereby approved and shall be entered into by this Board.
2. That the Freeholder Director and the Clerk of the Board of Chosen
Freeholders of the County of Morris are hereby authorized to sign the
Agreement between the County of Morris and the Southeast Morris County
Municipal Utilities Authority.
3. The referenced Southeast Morris County Municipal Utilities Authority/
County of Morris Agreement is attached hereto and made a part of this
resolution.
4. This resolution shall take effect immediately.
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
Dept: Engineering
1. The Director is authorized to execute and the Clerk shall attest and
affix the seal to the contract as prepared by County Counsel.
2. The Treasurer is hereby authorized to issue a Certificate of
Availability of Funds.
3. This resolution shall take effect immediately.
4. This contract is awarded pursuant to a fair and open process in
compliance with N.J.S.A. 19:44A-20.1, et seq.
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(15)
WHEREAS, on December 8, 2010, by Resolution #36, a contract was entered
into with NMS Labs for professional toxicological testing services to provide
legally defensible forensic toxicology analysis on death investigation cases
for the Morris County Medical Examiner’s Office for the calendar year 2011for $40,000.00; and,
WHEREAS, on December 14, 2011 an amendment to the above was approved,
increasing the contract amount by $12,000.00 to $52,000.00 to cover
additional services provided under a Tri-County Medical Services Agreement;
and,
WHEREAS, it is again necessary to increase the contract amount by
$6,000.00 to $58,000.00 to cover additional services provided under a Tri-
County Medical Services Agreement; and,
WHEREAS, NMS Labs has agreed to perform the service; and,
WHEREAS, the Local Public Contracts Law {N.J.S.A. 40A:11-
5(1)(a)(i)}requires that the resolution authorizing the award of contract
for “Professional Services” without competitive bidding, and the contract
itself must be available for public inspection;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey as follows:
1. The amendment to the agreement between the County of Morris and NMS
Labs, 3701 Welsh Road, Willow Grove, PA, 19090, increasing the amount
as set forth above, a copy of which is on file in the Office of the
County Purchasing Agent and made a part hereof by reference is hereby
approved and entered into by this Board.
2. The Director of the Board of Chosen Freeholders is hereby authorized to
sign 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 Certificate of
Availability of Funds #29239, reflecting the increase in the amount of
the aforesaid agreement to $58,000.00 and charging account number 01-
203-25-254100-084 for the increase.
4. This contract is awarded pursuant to a fair and open process in
compliance with N.J.S.A. 19:44A-20.1, et seq.
5. An official notice of this action shall be published in accordance with
the law.
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(21)
WHEREAS, the County of Morris wishes to participate in the LIHEAP (Low
Income Home Energy Assistance Program) for qualified residents of Morris
County; and,
WHEREAS, a grant of $3,760.00 is available to provide funds for
administrative costs of the above program.
NOW,THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey that the Director of the
Board of Chosen Freeholders is hereby authorized to sign and execute
Resolution authorizing the execution of a Universal Service Fund CWA
Administration 2012 GA#2012-05134-0149-00 grant for the LIHEAP (Low Income
Home Energy Assistance Program) for $3,760.00, a copy of which is on file in
the Office of Temporary Assistance and made a part hereof by reference.
BE IT FURTHER RESOLVED, that the Director of the Department of Finance
and County Treasurer is hereby authorized to accept the aforesaid funds,
crediting the appropriate account.
--
(22)
BE IT RESOLVED as follows:
1. The County of Morris wishes to purchase goods and services from the
following authorized vendors under the State of New Jersey cooperative
Purchasing Program 1-NJCP, according to Local Public Contracts Laws.
N.J.S. 40A:11-12.
Motorola Communications & Electronics Inc. Law & Public Safety PO Box 305 02-213-41-784215-391
Bordentown NJ 08505-0305 Amount: $334,679.25
NJSC#A53804
Motorola Communications & Electronics Inc. Law & Public Safety
PO Box 305 02-213-41-784215-391
Bordentown, NJ 08505-0305 Amount: $54,312.00
NJSC#A53804
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(23)
BE IT RESOLVED as follows:
1. The County of Morris wishes to purchase goods and services from the
following authorized vendors under the State of New Jersey Cooperative
Purchasing Program 1-NJCP, according to Local Public Contracts Laws
N.J.S. 40A:11-12.
Motorola Communications & Law & Public Safety
Electronics Inc. 02-213-41-784315-391
PO Box 305 Amount: $132,385.50
Bordentown, NJ 08505-0305
NJSC#A53804
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(24)
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
2. Item: Additional records storage services
3. Increase in Cost: $ 10,050.00
4. New Contract Total: $ 38,576.00
5. The necessary amended Certificate of Availability of Funds has been
provided by the Treasurer and said amended Certificate indicates the
availability of funds is as listed in Account #01-203-20-140100-073 and
said account shall be charged.
6. The Director of the Board of Chosen Freeholders is hereby authorized to
execute said contract modification.
7. This resolution shall take effect immediately.
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(25)
WHEREAS, a contract was awarded for fire sprinkler maintenance and
inspection; and
WHEREAS, it has been determined that it is necessary to increase said
contract for payment of 2011 outstanding unanticipated repairs for which
payment cannot be made due to insufficient funds $22,000.00, additionally, an
increase of $10,000.00 for 2012 repair bills due to advance of this amount
last year to pay for unanticipated repairs;
NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey that pursuant to Local Public
Contracts Regulations, contract modification as detailed on “Contract Change
Order Request” No. 3-29345 is hereby approved as follows:
1. Vendor: S.A. Comunale Co., Inc.
2900 Newpark Drive
Barberton, OH 44203
2. Item: Unanticipated repairs
3. Increase in Cost: $ 32,000.00
4. New Contract Total: $ 207,125.75
5. The necessary amended Certificate of Availability of Funds has been
provided by the Treasurer and said amended Certificate indicates the
availability of funds is as listed in Account #70-201-23-212100-442,
CAF #29345 ($22,000.00-2011) and Account #70-201-23-212100-223, CAF
#49515 ($10,000.00 –2012) and said account shall be charged.
6. The Director of the Board of Chosen Freeholders is hereby authorized to
execute said contract modification.
7. This resolution shall take effect immediately.
--
(26)
WHEREAS, on February 14, 2001 an agreement was entered into between the
County of Morris (County) and TKR Cable Inc. 5619 DTC Parkway, Edgewood, CO
80111-3000, which allowed the Director of Finance/County Treasurer(treasurer) to retain twenty (20%) percent of Seven Thousand Dollars
($7,000.00) to be placed on deposit in an interest bearing account with the
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
($1,400.00) together with accrued interest to CSC TKR Cable LLC dba
Cablevision of Morris 1111 Stewart Avenue, Bethpage N.Y. 11714.
--
(27)
WHEREAS, on February 14, 2001 an agreement was entered into between the
County of Morris (County) and TKR Cable Inc. 5619 DTC Parkway, Edgewood, CO
80111-3000, which allowed the Director of Finance/County Treasurer
(treasurer) to retain twenty (20%) percent of Forty Thousand Four Hundred
Twenty Dollars ($40,420.00) to be placed on deposit in an interest bearing
account with the County through its Road Inspection Office (Engineering) in
lieu of a Maintenance Bond for Road Opening permit #96-474 for work and
construction done on 663 Blue Mill Road, Harding Township.
WHEREAS, Engineering has requested that the County through it Treasurer
release the sum of Eight Thousand Eighty Four Dollars ($8,084.00) together
with accrued interest on said amount to CSC TKR Cable LLC dba Cablevision of
Morris the assignee of TKR Cable Inc., 1111 Stewart Avenue, Bethpage, NY
11714.
NOW THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of the
County of Morris that the Director of Finance/County Treasurer be and is
hereby authorized to release the sum of Eight Thousand Eighty Four Dollars
($8,084.00) together with accrued interest to CSC TKR Cable LLC dba
Cablevision of Morris 1111 Stewart Avenue, Bethpage N.Y. 11714.
--
(28)
BE IT RESOLVED as follows:
1. The County of Morris wishes to purchase goods and services from the
following authorized vendors under the State of New Jersey cooperative
Purchasing Program 1-NJCP, in accordance with Local Public Contracts
Laws, N.J.S.A. 40A:11-11 and N.J.S.A. 40A:11-12
Tilcon New York Inc. Road Division
Po Box 517 01-201-26-290100-222
Wharton, NJ 07885 Amount: $2,089.57
Co-op#5
Tilcon New York Inc. Road Division
PO Box 517 01-201-26-290100-244
Wharton, NJ 07885 Amount: $1,313.80
Co-op#9
Dell Marketing LP ITD
One Dell Way 04-216-55-962182-955
Round Rock, TX 78682 Amount: $3,621.56
NJSC#A77003
Dell Marketing LP Administration
One Dell Way 13-290-56-578401-888
Round Rock, TX 78082 Amount: $7,363.84
NJSC#A70256
Enterasys/Cabletron Systems ITD
50 Minutes Road 04-216-55-962231-909Andover, MA 01810 Amount: $10,687.50
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
200 Keystone Drive
Teford, PA 18969
Amount: $45,502.50
Vendor#21363
Said amount shall be charged to Account: 04-216-55-953257-951
4. This resolution shall take effect immediately.
--
(30)
This resolution was tabled.
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(31)
BE IT RESOLVED, by the Board of Chosen Freeholders of the County of
Morris in the State of New Jersey as follows:
1. That the Director of the Board of Chosen Freeholders is hereby
authorized to sign and execute Subgrant Agreement #PSS3316-12Y-WIA
between the County of Morris and Project Self Sufficiency on behalf of
the Morris/Sussex/Warren Employment & Training Services in the amount
of $70,000 and the associated transportation addendum in the amount of
$28,200 for the period 02/01/12 to 12/31/12.
2. The Treasurer is hereby authorized to issue a Certificate of
Availability of Funds charging Employment & Training Services Account
No. 02-213-41-742020-391 in the amount of $70,000 and a Certificate of
Availability of Funds charging Employment & Training Services Account
No. 02-213-41-742010-391 in the amount of $28,200, in accordance with
the above.
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(32)
WHEREAS, on April 13th 2011 by Resolution #32 a contract for Can Liners,
for Various Morris County departments was awarded to the lowest responsible
bidder, Central Poly Corp. and,
WHEREAS, the specifications provided an option for renewal for one year
and,
WHEREAS, it is in the best interest of the County to exercise said
option, now therefore,
BE IT RESOLVED, that said contract with, Central Poly Corp. be renewed
as follows:
Central Poly Corp. $34,922.68
18 Donaldson Place
PO Box 4097
Linden, NJ 07036
Term: January 1, 2012 through December 31, 2012
Budget: 01-201-26-310100-252 Bldgs. & Grounds
Amount: $6,980.25
Budget: 01-201-25-280100-252 MC Correctional
Amount: $7,008.95
Budget: 60-201-84-PKM140-666 Park Commission
Amount: $18,042.56
Budget: 01-201-25-281100-252 Juvenile DetentionAmount: $612.95
Budget: 01-201-27-331110-252 Youth Shelter
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
Green Pond Road/ a. Between the northerly Rockaway
Hibernia Avenue/ Borough/Rockaway Township Line
Halsey Avenue/ and Wall Street/Main Street -
Church Street/ a stop sign to be installed on
Wall Street/West southbound Wall Street at Main
Street (CR #513) Street.
b. Between Wall Street and West Main
Street (the southerly Rockaway
Borough/Rockaway Township Line)
2. Regulatory and Warning signs shall be erected and maintained to effect
the above designated Through Street Designation as authorized by the
Department of Transportation.
(a) Regulatory and Warning signs required because of the physical
features of the road are to be installed and maintained by the
County of Morris.
3. That all ordinances and/or resolutions or portions thereof inconsistent
with this resolution are hereby repealed.
4. That a certified copy of this resolution bearing the Morris County seal
shall be forwarded each of the following:
(a) Township of Rockaway (b) Morris County Engineer
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(35)
With respect to recent bidding for Long distance Telephone Services for
Morris County Facilities, a contract is hereby awarded to the lowest
responsible bidder as follows:
AT&T Total
AT&T Way Room-2C224E $21,926.76
Bedminster, NJ 07921
Term: 01/01/12 through 12/31/12
Split Budget:
Risk Management 70-201-23-212100-146 - $160.00
Weights & Measures 01-201-22-201100-146 – $140.00
Road Repairs 01-201-26-290100-146 - $150.00
OTA 01-201-27-345100-146 - $1,725.00
Morris View 01-201-27-350100-146 - $1,825.00
Util/telephone 01-201-31-430100-146 - $18,000.00
1. The Treasurer is hereby authorized to issue a Certificate of Availability
of Funds charging the appropriate department account for amounts
reflecting all liabilities to be incurred through March 31, 2012, in
accordance with N.J.R. 3644, 5:34-5.3 (a) (2).
2. Upon final adoption of the budget, a Certificate of Availability of Funds
shall be issued for the remaining balance subject to the appropriation of
sufficient funds.
3. The Purchasing Agent is hereby authorized to execute said contract as
prepared by County Counsel.
4. This resolution shall take effect immediately.
5. This contract is awarded pursuant to fair and open process in compliance
with N.J.S.A. 19:44A-20.1 et seq.
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BOARD OF CHOSEN FREEHOLDERS – FEBRUARY 8, 2012
NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of
the County of Morris in the State of New Jersey that pursuant to Local Public
Contracts Regulations, contract modification as detailed on “Contract Change
Order Request” No. 1-48783 is hereby approved as follows:
1. Vendor: Complete Security Systems, Inc.94 Vanderburg Road
Marlboro, NJ 07746
2. Items: Additional Equipment Required
3. Increase: $ 3,180.00
4. New Contract Total: $ 25,070.00
5. The necessary amended Certificate of Availability of Funds has been
provided by the Treasurer and said amended Certificate indicates the
availability of funds is as listed in Capital Account #01-201-27-
345100-336 and said account shall be charged.
6. The Director of the Board of Chosen Freeholders is hereby authorized to
execute said contract modification.
7. This resolution shall take effect immediately.
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(43)
With respect to recent bidding for the provision of Morris County
Information Technology Operational and Management Assessment for the Phase I
and Phase II only, a contract is hereby awarded to the most responsible
bidder as follows:
Total
$198,840.32 (not to exceed)
Dell Marketing, L.P.
One Dell Way, RR8-06
Round Rock, TX 78682
Term: Not to exceed fifteen (15) months from the award
Budget: 01-201-20-100100-084
Dept: County Administrator
1. The Treasurer is hereby authorized to issue a Certificate of
Availability of Funds charging the appropriate account for amounts
reflecting all liabilities to be incurred through March 31, 2012, in
accordance with N.J.R. 3644, 5:34-5.3 (a) (2).
2. Upon final adoption of the budget, a Certificate of Availability of
Funds shall be issued for the remaining balance subject to the
appropriation of sufficient funds.
3. The Purchasing Agent is hereby authorized to execute said contract as
prepared by County Counsel.
4. This resolution shall take effect immediately.
5. This contract is awarded pursuant to a fair and open process in
compliance with N.J.S.A. 19”44A-20.4 et seq.
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