Board of County Commissioners - Regular Meeting - May 26 ...

BOARD OF COUNTY COMMISSIONERS – MAY 26, 2021 REGULAR MEETING

Generated 6/1/2021 2:55 PM

A regular meeting of the Board of County Commissioners of the County of Morris, State of New

Jersey, was held on May 26, 2021 via Cisco WebEx video conference. The meeting began at

7:02 p.m.

ANNOUNCEMENT

Clerk of the Board Debra L. Lynch read the following meeting announcement:

This meeting of the Board of County Commissioners of the County of Morris is being held

remotely and is being recorded due to the COVID-19 pandemic and is in compliance with the

provisions of Executive Orders 103 and 104, the Open Public Meetings Act, and N.J.A.C. 5:39-

1.1 to 1.7 and the standard protocols established by the County for conducting remote public

meetings.

Notice of this meeting has been provided through resolution adopted by this Board on January 4,

2021 at its Stated Annual Meeting held via WebEx and by electronic mailing to the Star Ledger,

the Daily Record and the Record, through posting on the County website and by filing a copy of

same with the Morris County Clerk and the Clerk of this Board. A copy of the agenda for this

meeting was made available on the County’s website near the posting of the meeting notice.

Later in the meeting during the public comment period, if you would like to make a public

comment, please press *3 for audio, or click on the appropriate “WebEx” video button to raise

your hand. A representative of the County will keep members of the public muted, except when

they are selected to speak during the public portion of the meeting or during any public hearing.

Members of the public may also mute themselves or discontinue their video through the

“WebEx” platform. A representative of the County will unmute your microphone. You must

state your name and address prior to making a public comment. You may also mute and unmute

yourself by pressing the microphone icon on WebEx or dialing *6 on your telephone keypad.

The representative of the County will not accept comments made through the “chat” feature

available on WebEx remote meetings.

Members of the public were also permitted to submit written comments prior to the meeting via

mail or email, which will be read during the public comment period. All public comments,

whether during the public portion of the meeting or submitted beforehand, shall be limited to no

greater than three (3) minutes in duration.

ROLL CALL

PRESENT: Commissioner Shaw, Commissioner Smith, Commissioner Cabana,

Commissioner DeFillippo, Commissioner Krickus, Commissioner Selen

ABSENT: Commissioner Mastrangelo

Commissioner Cabana had a power surge that kicked him out of the meeting at 7:44 p.m., but he

rejoined the meeting at 7:49 p.m.

OTHERS PRESENT

John Bonanni, County Administrator; Deena Leary, Assistant County Administrator; John

Napolitano, County Counsel; Staci Santucci, Assistant County Counsel; Debra L. Lynch, Clerk of

the Board; Brian Murray, Director of Communications

BOARD OF COUNTY COMMISSIONERS MAY 26, 2021 REGULAR MEETING

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PRAYER AND FLAG SALUTE

County Counsel Napolitano opened the meeting with a prayer and Commissioner Smith led the

salute to the flag.

PRESENTATION

Director Shaw stated that there was no formal presentation on the agenda, but he wanted to

highlight the ceremony we had today in front of the historic courthouse in Morristown in

recognition of Memorial Day where the county honored the over 1.3 million American men and

women who have given, as Lincoln termed it at Gettysburg, “the last full measure of devotion.”

Also recognized were six Morris County veterans, each of whom received a distinguished

military service medal, a practice the County has been doing since 2000. It was a great

ceremony with very good attendance and he wanted to thank all of those who made it possible.

MINUTES FOR APPROVAL

Commissioner Selen moved, and Commissioner Smith seconded the motion, to approve the May

12, 2021 Work Session Meeting Minutes, Executive Meeting Minutes and Regular Meeting

Minutes. All were in favor and the minutes were approved.

COMMUNICATIONS

1. The Borough of Mendham is requesting permission to hang a banner across Main

Street/Route 24 (CR 510) in Mendham Borough from June 7, 2021 through

June 21, 2021 to support the Mendham Business Association’s Annual Sidewalk Sale

Event.

2. The Borough of Mendham Recreation is requesting permission to hang a banner across

Main Street/Route 24 (CR 510) in Mendham Borough from September 17, 2021 through

October 2, 2021 to advertise the Food Truck Festival.

3. Boonton Main Street Inc. is requesting permission to close Main Street (CR 533)

Boonton, from Wootton Street to Hill Street, on Friday June 4, 2021 from 4:00 p.m. to

10:00 p.m. for Music on Main, for outdoor dining and outdoor shopping to encourage

commerce in Boonton's Historic Downtown.

4. Jefferson Township Fire Company #2 is requesting permission to hold a coin toss

fundraiser on June 5 2021 and August 28, 2021 on County Route 615 in front of both 3

Edison Road and 5 Edison Road, Jefferson, between 8:00 am and 3:00 pm.

5. Flanders Fire Company No. 1 and Rescue Squad is requesting permission to use Route

206 and Flanders-Bartley Road (CR 612) for a Boot Drop fundraiser June 5, June 6, July

10, July 11, August 7, August 8, September 4, September 5, October 2, and October 3

from 9:00 a.m. to 3:00 p.m.

Prior to taking a vote on the correspondence, Clerk Lynch stated that there was one correction to

item #3. Boonton Main Street Inc. is requesting to close Main Street, Boonton from Lathrop

Avenue to Hill Street, not Wootton Street to Hill Street.


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Commissioner Selen moved, and Commissioner Cabana seconded the motion, to approve the

requests, as modified by the Clerk. All were in favor and the requests were approved.

ORDINANCES: First Reading/Introduction - None

ORDINANCES: Second Reading/Public Hearing

ORD-2021-26 BOND ORDINANCE REAPPROPRIATING $154,790 OF THE PROCEEDS OF OBLIGATIONS

NOT NEEDED FOR THEIR ORIGINAL PURPOSE IN ORDER TO PROVIDE FOR THE

REPLACEMENT OF HEATING, VENTILATION AND AIR-CONDITIONING UNIT 6.1 FOR

THE MORRIS COUNTY VOCATIONAL SCHOOL IN AND BY THE COUNTY OF MORRIS,

NEW JERSEY. (ID #8039)

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE

COUNTY OF MORRIS, NEW JERSEY (not less than two-thirds of all members thereof

affirmatively concurring) AS FOLLOWS:

WHEREAS, by resolution adopted December 8, 2020, the Board of Education of the

Morris County Vocational School District (also known as the Morris County School of

Technology) (the "Board of Education") has decided that it is necessary to amend a 2019 bond

ordinance to include the funding necessary to offset the unanticipated difference in funding in the

amount of $154,790 for the purpose or improvement described in such resolution and further

described in Section 2 of this bond ordinance; and

WHEREAS, by resolution adopted March 24, 2021, the Board of School Estimate has

fixed and has determined that it is necessary to amend the 2019 bond ordinance to include the

$154,790 for the purpose or improvement described in such resolution and further described in

Section 2 of this bond ordinance; and

WHEREAS, the Board of County Commissioners desires to reappropriate the amount

certified therein of $154,790 for the purpose or improvement described in such resolutions and

further described in Section 2 of this bond ordinance.

Section 1. Pursuant to N.J.S.A. 40A:2-39, it is hereby determined that $154,790 of the

proceeds of obligations originally made available pursuant to Bond Ordinance #968538 of the


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County of Morris, New Jersey (the “County”), finally adopted May 6, 2019, are no longer

necessary for various building projects for the Morris County Vocational School, including, but

not limited to, exterior security and façade upgrades, the replacement of skylights and the roof

and paving resurfacing, including all work and materials necessary therefor and incidental

thereto and further including all related costs and expenditures incidental thereto.

Section 2. The $154,790 described in Section 1 hereof and made available pursuant to

N.J.S.A. 40A:2-39 is hereby reappropriated to provide for the replacement of heating, ventilation

and air-conditioning Unit 6.1 for the Morris County Vocational School, including all work and

materials necessary therefor and incidental thereto and further including all related costs and

expenditures incidental thereto.

Section 3. The County hereby certifies that it has adopted a capital budget or a temporary

capital budget, as applicable. The capital or temporary capital budget of the County is hereby

amended to conform with the provisions of this bond ordinance to the extent of any

inconsistency herewith. To the extent that the purposes authorized herein

are inconsistent with the adopted capital or temporary capital budget, a revised capital or

temporary capital budget has been filed with the Division of Local Government Services.

Prior to the motion for the Bond Ordinance to be adopted, Director Shaw opened the meeting to the

public for the public hearing on the ordinance. There were no public comments, and the Director

declared the public hearing closed.

ORD-2021-27 BOND ORDINANCE AMENDING SECTION 6(D) OF BOND ORDINANCE NUMBERED

963571 OF THE COUNTY OF MORRIS, NEW JERSEY, FINALLY ADOPTED MARCH 11,

2020, IN ORDER TO INCREASE THE SECTION 20 COSTS. (ID #8040)

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE

COUNTY OF MORRIS, NEW JERSEY AS FOLLOWS:

Section One. Section 6(d) of Bond Ordinance numbered 963571 of the County of Morris,

New Jersey (the “County”), finally adopted March 11, 2020, is hereby amended to increase the

Section 20 costs by $488,201.23, from $1,000 to $489,201.23, and to read as follows:


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“Section 6(d). An aggregate amount not exceeding $489,201.23 for items of

expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the

estimated cost indicated herein for the purpose or improvement.”

Section Two. The County hereby certifies that it has adopted a capital budget or a

temporary capital budget, as applicable. The capital or temporary capital budget of the County is

hereby amended to conform with the provisions of this bond ordinance to the extent of any

inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with

the adopted capital or temporary capital budget, a revised capital or temporary capital budget has

been filed with the Division of Local Government Services.

Section Three. This bond ordinance shall take effect 20 days after the first publication

thereof after final adoption, as provided by the Local Law.

Prior to the motion for the Bond Ordinance to be adopted, Director Shaw opened the meeting to the

public for the public hearing on the ordinance. There were no public comments, and the Director

declared the public hearing closed.

ORD-2021-28 AN ORDINANCE OF THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING THE

GUARANTY OF THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON NOT TO

EXCEED $15,000,000 AGGREGATE PRINCIPAL AMOUNT OF COUNTY OF MORRIS

GUARANTEED RENEWABLE ENERGY PROGRAM LEASE REVENUE REFUNDING

BONDS, SERIES 2021 ISSUED BY THE MORRIS COUNTY IMPROVEMENT AUTHORITY

FOR THE PURPOSE OF PROVIDING ADDITIONAL SECURITY THEREFOR AND

DETERMINING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH (ID #8041)

WHEREAS, the Morris County Improvement Authority (the "Authority") has been duly

created by resolution of the Board of County Commissioners (the "Board of County

Commissioners") of the County of Morris, New Jersey (the "County"), duly adopted April 10,

2002, as a public body corporate and politic of the State of New Jersey pursuant to and in

accordance with the County Improvement Authorities Law, N.J.S.A. 40:37A-44 et seq., as

amended and supplemented (the "Act"); and

WHEREAS, the County developed a renewable energy program (the "Renewable

Energy Program") for the financing, design, permitting, acquisition, construction, installation,

operation and maintenance of renewable energy capital equipment and facilities such as solar

panels, wind turbines, and hydro-electric, bio-diesel, geothermal, and bio-mass facilities,

including any related electrical modifications, work related to the maintenance of roof

warranties, or other work required, desirable or convenient for the installation of such systems

(collectively, the renewable energy capital equipment and facilities, the "Renewable Energy

Projects") for and on behalf of the County and its affiliates, and the local governmental units

within the County, including without limitation municipalities, boards of education for school

districts, local authorities and any other local government instrumentalities, public bodies or

other local government entities (collectively, including the County, the "Local Units"); and


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WHEREAS, the Renewable Energy Projects procured under the Renewable Energy

Program were installed on, in, affixed or adjacent to and/or for any other Local Unit controlled

buildings, other structures, lands or other properties of the Local Units (collectively, the "Local

Unit Facilities"); and

WHEREAS, pursuant to that certain resolution entitled "RESOLUTION

AUTHORIZING THE ISSUANCE OF COUNTY OF MORRIS GUARANTEED

RENEWABLE ENERGY PROGRAM LEASE REVENUE NOTES AND BONDS, SERIES

2011 AND ADDITIONAL BONDS OF THE MORRIS COUNTY IMPROVEMENT

AUTHORITY" adopted by the governing body of the Authority on July 20, 2011, as amended

and supplemented from time to time in accordance with its terms (the "Original Bond

Resolution"), the Act and other applicable law and official action, the Authority issued its

"County of Morris Guaranteed Renewable Energy Program Lease Revenue Bonds, Series 2011A

(Federally Taxable)", in the aggregate principal amount of $33,100,000 (the "Series 2011A

Bonds") to finance the Renewable Energy Projects for the Series 2011 Local Units as set forth in

the various Program Documents in connection with the second tranche of the Authority’s

Renewable Energy Program ("Tranche II"); and

WHEREAS, pursuant to that certain guaranty ordinance finally adopted on May 11,

2011, as amended and supplemented, all in accordance with Section 37 of the Act (N.J.S.A.

40:37A-80) and other applicable law (the "Original Guaranty Ordinance"), the County agreed to

guarantee the timely payment of the principal of and interest due on the Series 2011A Bonds;

and

WHEREAS, the Original Bond Resolution was subsequently amended by that certain (i)

"Amendment and Consent No. 1 (Morris County Renewable Energy Program, Series 2011)"

dated as of December 1, 2012 ("Consent No. 1"), (ii) "Amendment and Consent No. 2

(Morris County Renewable Energy Program, Series 2011)" dated as of October 1, 2013

("Consent No. 2"), (iii) "Amendment and Consent No. 3 (Morris County Renewable Energy

Program, Series 2011)" dated as of March 3, 2015 ("Consent No. 3") and (iv) "Amendment

and Consent No. 4 (Morris County Renewable Energy Program, Series 2011)" dated as of

March 28, 2017 ("Consent No. 4" and, together with Consent No. 1, Consent No. 2 and

Consent No. 3, the "Prior Consents"; and, together with the Original Bond Resolution, the

"Bond Resolution"); and

WHEREAS, certain capitalized terms herein not otherwise defined herein relating to the

Series 2011A Bonds, for all purposes herein, shall have the meanings ascribed to such terms in

the Bond Resolution; and

WHEREAS, pursuant to Section 2.04(1) of the Original Bond Resolution, the Authority

is permitted to issue "Additional Bonds" to refund any Bonds (as defined in the Original Bond

Resolution), including the Series 2011A Bonds; and

WHEREAS, the Authority has determined to authorize the issuance and delivery of its

County of Morris Guaranteed Renewable Energy Program Lease Revenue Refunding Bonds,

Series 2021 (Federally Taxable) pursuant to and under the Bond Resolution in the aggregate

principal amount of not to exceed $15,000,000 (the "Refunding Bonds"), to provide for, among

other things, (i) the refunding of all or a portion of the outstanding Series 2011A Bonds (the

"Refunded Bonds") and (b) the payment of certain costs and expenses associated with the

authorization, sale and issuance of such Refunding Bonds (collectively, the "2021 Refunding

Project"); and

WHEREAS, on April 21, 2021, the Authority adopted a resolution entitled,

"SUPPLEMENTAL RESOLUTION AUTHORIZING THE ISSUANCE OF COUNTY OF


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MORRIS GUARANTEED RENEWABLE ENERGY PROGRAM LEASE REVENUE

REFUNDING BONDS, SERIES 2021 AS ADDITIONAL BONDS OF THE MORRIS

COUNTY IMPROVEMENT AUTHORITY" (as the same may be amended and supplemented

from time to time, the "Supplemental Bond Resolution" and, together with the Bond Resolution,

the "Resolution") authorizing the sale and issuance of the Refunding Bonds and the undertaking

of the 2021 Refunding Project; and

WHEREAS, the Authority has requested that the County unconditionally guaranty the

payment of the principal of (including sinking fund installments, if any) and interest on the

Refunding Bonds; and

WHEREAS, to provide an inducement to the prospective purchasers of the Bonds to

purchase same and to provide additional security to the holders thereof, the County will, in

accordance with N.J.S.A. 40:37A-80, fully, unconditionally and irrevocably guaranty the

payment of the principal of (including sinking fund installments, if any) and interest on the

Refunding Bonds in an aggregate principal amount not to exceed $15,000,000 in accordance

with the terms of this guaranty ordinance of the County to be finally adopted by the Board of

County Commissioners as evidenced by a guaranty agreement by and among the County, the

trustee in connection with the Refunding Bonds and the Authority (the "County Guaranty

Agreement") and by a guaranty certificate (collectively, the "County Bond Guaranty") to be

executed by an authorized County representative on the face of the Refunding Bonds, all

pursuant to Section 37 of the Act (N.J.S.A. 40:37A-80).

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY

COMMISSIONERS OF THE COUNTY OF MORRIS, NEW JERSEY (not less than two-

thirds of all members thereof affirmatively concurring), AS FOLLOWS:

Section 1. The recitals are fully incorporated herein by this reference.

Section 2. This guaranty ordinance shall be adopted by the Board of County

Commissioners in the manner provided for adoption of a bond ordinance as provided in the

Local Bond Law, N.J.S.A. 40A:2-1 et seq., as amended and supplemented (the "Local Bond

Law").

Section 3. Pursuant to and in accordance with the terms of the Act, specifically

Section 37 thereof (N.J.S.A. 40:37A-80), the County is hereby authorized to and hereby shall

fully, unconditionally and irrevocably guaranty the punctual payment of the principal of

(including sinking fund installments, if any) and interest on the Refunding Bonds, including

renewals/refundings, if any, in an aggregate principal amount not to exceed $15,000,000, which

Refunding Bonds are to be issued to finance the 2021 Refunding Project as described in the

recitals hereto, on such terms and conditions as may be agreed to by and between the County and

the Authority in the Resolution, in the County Bond Guaranty and in such other documents

related thereto and as are reflected in this guaranty ordinance and in the guaranty certificate on

the face of each Bond (collectively, the "Financing Documents"). Notwithstanding the

provisions of any other Financing Document, upon the endorsement of the Refunding Bonds

referred to in Section 4 below, the County shall be fully, unconditionally and irrevocably

obligated to pay the principal of (including sinking fund installments, if any) and interest on the

Refunding Bonds in the same manner and to the same extent as in the case of bonds issued by

the County and, accordingly, the County shall be unconditionally and irrevocably obligated to

levy ad valorem taxes upon all the taxable property within the County for the payment thereof

without limitation as to rate or amount when required under the provisions of applicable law.

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 Refunding Bonds when due in


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accordance with the terms hereof and of the Financing Documents prepared in connection with

the issuance of the Refunding Bonds may not be waived, set-off or otherwise abrogated by any

action or inaction of the Authority or the County or for any other reason. The full faith and

credit of the County are hereby pledged for the full and punctual performance of the County

Bond Guaranty.

Section 4. The Commissioner Director is hereby authorized and directed to execute

by manual or facsimile signature an endorsement on each of the Refunding Bonds evidencing the

County Bond Guaranty by the County as to the punctual payment of the principal of (including

sinking fund installments, if any) and interest on the Refunding Bonds. The endorsement on

each Bond shall be in substantially the following form, and absent the fully executed

endorsement in such following form on any such Bond, such Bond shall not be entitled to the

benefits of the County Bond Guaranty:

"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 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 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 Bond Guaranty to be

executed by the manual or facsimile signature of its Commissioner Director, all as of the date of

the within Bond.

COUNTY OF MORRIS, NEW JERSEY

By:_______________________________

Commissioner Director"

The Commissioner Director is hereby further authorized to execute such other certificates

or agreements relating to the County Bond Guaranty that may be required by the Authority to

comply with the terms of the financing documents relating to the Refunding Bonds , including,

without limitation, (i) any agreements or certificates detailing the time and method that payment

under this guaranty ordinance shall be made by the County, (ii) any letters of representations or

similar undertakings to be executed in connection with the sale of the Refunding Bonds , setting

forth certain representations, warranties and covenants of the County as an inducement to the

purchaser of the Refunding Bonds , (iii) any certificates deeming "final" (for the purposes of

Rule 15c2-12 of the Securities and Exchange Commission) any preliminary or final Official

Statements of the Authority relating to the Refunding Bonds and (iv) any note/bond purchase

agreement executed in connection with the sale of the Refunding Bonds . Such further

agreements, instruments or certificates shall not abrogate the County's responsibilities hereunder.

Section 5. The following additional matters are hereby found, determined and

declared by the County:

(a) This guaranty ordinance may be adopted notwithstanding any statutory or other

debt limitations, including, particularly, any limitation or requirement under or pursuant to the

Local Bond Law, but the aggregate principal amount of the Refunding Bonds that shall be

entitled to the benefits of the County Bond Guaranty, being an amount not to exceed


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$15,000,000, shall, after their issuance, be included in the gross debt of the County for the

purpose of determining the indebtedness of the County under or pursuant to the Local Bond Law.

(b) The principal amount of Refunding Bonds entitled to the benefits of the County

Bond Guaranty and included in the gross debt of the County shall be deducted, and is hereby

declared to be and to constitute a deduction, from such gross debt under and for all the purposes

of the Local Bond Law (i) from and after the time of issuance of the Refunding Bonds until the

end of the fiscal year beginning next after the completion of the 2021 Refunding Project, and (ii)

in any annual debt statement filed pursuant to the Local Bond Law as of the end of said fiscal

year or any subsequent fiscal year if the revenues or other receipts or moneys of the Authority

relative to the 2021 Refunding Project in such year are sufficient to pay its expenses of operation

and maintenance in such year and all amounts payable in such year on account of the principal of

(including sinking fund installments, if any) and interest on all such Refunding Bonds , all bonds

of the County issued as provided in Section 36 of the Act (N.J.S.A. 40:37A-79) and all bonds of

the Authority issued under the Act.

Section 6. The following matters are hereby determined, declared, recited and stated:

(a) The maximum principal amount of Refunding Bonds of the Authority that 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 $15,000,000; the maximum principal amount of Refunding Bonds of the Authority that may be

outstanding at any one time is $15,000,000; and the maximum estimated cost of the 2021

Refunding Project to be financed in accordance with the transactions contemplated hereby is

$15,000,000.

(b) The purpose described in this guaranty ordinance is not a current expense of the

County, and no part of the cost thereof has been or shall be assessed on property specially

benefited thereby.

(c) The Refunding Bonds shall mature within thirty (30) years from the date of issue.

(d) A supplemental debt statement of the County has been duly made and filed in the

office of the Clerk of the Board of County Commissioners, and a complete executed duplicate

thereof has been filed in the office of the Director of the Division of Local Government Services

in the New Jersey Department of Community Affairs, 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 the amount of the Refunding Bonds issued by the Authority, which amount shall

not exceed $15,000,000, upon the satisfaction of the conditions set forth in N.J.S.A. 40:37A-80,

in accordance with the provisions of the Act, the net debt of the County is not increased, and the

obligation of the County authorized by or incurred pursuant to the terms of this guaranty

ordinance is permitted by an exception to the debt limitations of the Local Bond Law, which

exception is contained in the Act, so long as the payment obligations of the County hereunder are

not called upon.

(e) Other than the publication requirements set forth below, all other items to be

contained in a bond ordinance adopted pursuant to the Local Bond Law are hereby determined to

be inapplicable to the County's guaranty of the Refunding Bonds hereby.

Section 7. To the extent the Authority determines that it is in the best interest of the

Authority and the County, the Authority is hereby authorized to finance the 2021 Refunding

Project as separate issues through one or more separate series of Refunding Bonds consisting of

project notes and bonds that in the aggregate shall not exceed $15,000,000. Such series of

Refunding Bonds (consisting of project notes and bonds) shall be entitled to the benefits of the

County Bond Guaranty in an aggregate amount not to exceed $15,000,000.


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Section 8. The County hereby covenants and agrees to comply with the requirements

of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the

Securities Exchange Act of 1934, as amended and supplemented (the "Rule"), including the

secondary market disclosure requirements contained therein, and agrees to covenant to such

compliance in the County Guaranty Agreement. The Commissioner Director, the Director of

Finance and County Treasurer and any other authorized County representative are each hereby

authorized and directed to execute and deliver a continuing disclosure agreement to the

Authority and the other parties thereto (the "Continuing Disclosure Agreement"), to prepare

operating data and financial information for inclusion in the Authority's preliminary and final

Official Statements, to approve and "deem final" the Authority's preliminary and final Official

Statements (to the extent the information contained therein relates to the County), to execute and

deliver all certificates, documents and agreements to the Authority and any other applicable party

in connection therewith and to file budgetary, financial and operating data on an annual basis and

notices of certain enumerated events as required to comply with and in accordance with the

provisions of the Rule and the Continuing Disclosure Agreement.

Section 9. To the extent one or more series of the Refunding Bonds (or any portion

thereof) are not issued in 2021, references herein to "2021" may without any further action be

changed to the year of issuance of such Refunding Bonds and all dates related to such year of

issuance shall be automatically adjusted.

Section 10. The Clerk of the Board of County Commissioners is hereby directed to

publish and post notice of this guaranty ordinance as required by law.

Section 11. Upon the adoption hereof, the Clerk of the Board of County

Commissioners shall forward certified copies of this guaranty ordinance to the Commissioner

Director, County Counsel, the Chairman of the Authority and Bond Counsel to the Authority,

Matthew D. Jessup, Esq., of McManimon, Scotland & Baumann, LLC.

Section 12. If any part(s) of this guaranty ordinance shall be deemed invalid, such

part(s) shall be severed and the invalidity thereof shall not affect the remaining parts of this

guaranty ordinance.

Section 13. All capitalized words and terms used but not defined in this guaranty

ordinance shall have the meanings ascribed to such words and terms, respectively, in the

preambles hereto.

Section 14. This guaranty ordinance shall take effect at the time and in the manner

provided by applicable law.

Prior to the motion for the Guaranty Ordinance to be adopted, Director Shaw opened the meeting

to the public for the public hearing on the ordinance. There were no public comments, and the

Director declared the public hearing closed.

OPEN TO THE PUBLIC: PUBLIC COMMENTS

Before the Director opened the meeting to the public, he stated that there had been a number of

questions about this body meeting in person and inviting the public, and we are proposing to do

that at our June 23 meeting. It will be open to the public in the Administration Building on the

Fifth Floor; however, we are going to be working with a hybrid model where the public will still

be able to call in to the meeting. He noted that we have done a couple of trials with this and he

hopes everyone will bear with us, but he thinks it will work well.


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Director Shaw asked Clerk Lynch if she had received any written comments and the Clerk

responded that she had not. He then opened the meeting to the public.

Gabriela Brandeal, 61 North Main Street, Boonton Township had concerns with the

Reproductive Freedom Act and requested that the Board consider passing the same resolution

against it as was done in Sussex County. She also would like to see the County open up the

Library. With regard to the Center for Tech and Civic Life (CTCL), she asked that the County

Commissioners no longer take money from them, and then asked what the status of electronic

voting is and whether there has already been implemented a 10-day early voting in November.

Joe Ferrandino of Long Hill asked if the County had received money from the CTCL and if so,

where it was allocated.

Karen and Sal Toto, 4 Cromwell Drive, Morris Township. Sal addressed the Board, noting that

they are 14-year residents and wanted to know if the Board was aware of the problem the

residents are having with the Frelinghuysen Arboretum and the loud and offensive music coming

from an event tent on the weekends. A petition had been circulated and signed by about 70

residents and forwarded to the Board. He asked what the Board’s plans were to help resolve the

issue.

Barbara Eames, 6 Cove Lane Road, Whippany once again expressed her displeasure with the

way the public meetings have been held, and did not know why it would take another month to

open the meetings to the public. She made a formal request to have several commissioners

arrange a time when they could meet with several citizens, as that seems to her to be the only

way to have any meaningful conversation.

Dave Carver, 29 Belleau Avenue, Madison echoed previous comments regarding opening up the

county and concerns with the CTCL and encouraged the Board to take a close look at it and talk

to colleagues in other counties regarding the matter.

William Eames, 6 Cove Lane Road, Whippany expressed his concerns with the CTCL and how

it affects election activity across the country. He has already voiced his concerns to Dale Kramer

and Ann Grossi and urged the County Commissioners to pay attention to the issue and stay with

paper ballots. With regard to opening up the public meetings, he would like to see the first June

meeting open. He then thanked the Board for recognizing the veterans today. He is a veteran

himself and he appreciated it.

Dr. Kathleen Ruddy of Madison was concerned with the Reproductive Freedom Act, stating it is

being funded through a transfer of wealth through the insurance companies to the taxpayers, and

it will end up in the taxpayers’ insurance premiums.

No one else wished to be heard, and the Director closed the meeting to the public.

Director Shaw responded to the concerns as follows:

Relative to the Frelinghuysen Arboretum, that is operated by the Park Commission. Executive

Director Dave Helmer has represented to the Board that they will strictly comply with the


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ordinances of Morris Township, including the noise ordinance, as any other resident or business

must do, and we will follow up to make sure that is done.

As far as the Library reopening, they have been going through a staged reopening process.

Regarding staff, any staff that was not needed during the pandemic was furloughed.

Administrator Bonanni stated that the Library should be opened fully at some point in June and

will comply with the regulations as directed by the Governor at that time.

As he stated earlier in the meeting, our June 23 meeting will be open to the public in person and

we are setting it up as a hybrid model which the Director feels will improve access to the public

since the public can still dial in. He noted that there is a tremendous amount of logistics to do

this, and eventually we do plan on further technological resources being put into the county to

make access to the public much better.

As far as setting up a meeting in person with the Commissioners, because of the Sunshine Laws,

only three Commissioners are permitted to be together at any given time to talk about policy

issues. He suggested that Ms. Eames reach out to the board members individually and maybe if

a group wants to get together, that could be arranged.

Once again about opening up the county, although it has been in a different format and most of

that is because of executive orders from our governor, the county has been open and operating as

far as delivering the critical services to the citizens of the county. He noted that we seem to be

getting more public input in this virtual setting, but he understands it has its limitations and he

does prefer to operate a meeting in person, and we will be doing that soon.

As far as the voting machines are concerned, we have a Request for Proposals going out because

of the new law with early voting, and that is not our choice, but is dictated by state legislation.

We are going to be, in an open and transparent manner, getting proposals for voting machines

that comply with state law and state directive. As for the 10-day early voting, that again is state

legislation, and that would be for this November’s election.

Regarding the dollars from the CTCL, that is a grant program. He noted that he had just received

a list of how the funds had been spent, and the items simply defray some costs that would usually

be borne by the taxpayer. He noted that anyone requesting the document should go through the

usual OPRA request, but since he has the list, he would be happy to share it upon request.

Relative to the Reproductive Freedom Act, that is a piece of state legislation and it is something

that the Commissioners do not have direct impact on as far as any ability to control it. Our

representatives in the state will look at it. He noted that we have a policy of focusing on the

issues that we have control over as a County Commissioner Board.

RESOLUTIONS

RES-2021-411 RESOLUTION AUTHORIZING THE PURCHASE OF MAINTENANCE RENEWAL FOR THE

CHECKPOINT DATA LOSS PREVENTION (DLP) & CLOUDGUARD SAAS FROM SHI

INTERNATIONAL CO., UNDER THE STATE OF NEW JERSEY COOPERATIVE

PURCHASING PROGRAM IN THE AMOUNT OF $328,969.63. (Department of Information

Technology) (ID #8049)


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BE IT RESOLVED as follows:

The County of Morris wishes to purchase maintenance renewal for the Checkpoint Data

Loss Prevention (DLP) & CloudGuard SaaS from the following authorized vendors under the

State of New Jersey Cooperative Purchasing Program 1-NJCP, in accordance with Local Public

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

SHI International Co.

290 Davidson Avenue

Somerset NJ 08873

Term: 06/30/2020 through 05/31/2021

NJSC# M0003 / 89851

Vendor # 17726

Office of Information Technology

Account: 01-201-20-140100-078

Amount: $328,969.63

RES-2021-412 RESOLUTION AUTHORIZING THE PURCHASE OF NETWORK CORE INFRASTRUCTURE

ANNUAL MAINTENANCE RENEWAL FROM EXTREME NETWORKS UNDER THE STATE

OF NEW JERSEY COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF

$199,576.17. (Department of Information Technology) (ID #8050)


The County of Morris wishes to purchase Network Core Infrastructure annual

maintenance renewal from the following authorized vendors under the State of New Jersey

Cooperative Purchasing Program 1-NJCP, in accordance with Local Public Contract Laws,

N.J.S.A 40A:11-11 and N.J.S.A. 40A: 11-12.

Extreme Networks

6480 Via Del Oro

San Jose, CA 95119

Vendor: 27086

State Contract #M7000 / 87722


Account: 01-201-20-140100-044

Amount: $199,576.17

RES-2021-413 RESOLUTION AUTHORIZING A CHANGE ORDER FOR SHI INTERNATIONAL

REQUESTING AN INCREASE TO THE CONTRACT IN THE AMOUNT OF $8,480.00 FOR

EXTRA WORK BY FUSION CAPITAL MANAGEMENT LLC D/B/A FUSION FOR THE

IMPLEMENTATION OF AN ELECTRONIC HEALTH RECORDS SYSTEM FOR THE MORRIS

COUNTY CORRECTIONAL FACILITY. THE NEW CONTRACT TOTAL WILL BE

$282,638.40. (Department of Information Technology) (ID #8036)

WHEREAS, the County of Morris awarded a contract via Resolution #43, December,

23rd 2019 to SHI International Co. (Vendor # 17726), in the amount of $260,908.40 to design

and implement an Electronic Health Records System for the Morris County Correctional Facility

from Fusion Capital Management LLC d/b/a Fusion; and


14 | P a g e

WHEREAS, the County of Morris authorized a change order via Resolution RES-2020-

575 for additional services in the amount of $8,480.00 increasing the project total to

$269,388.40; and

WHEREAS, the reselling vendor for the design and implementation of this solution was

authorized under the State of New Jersey Cooperative Purchasing Program 1-NJCP, in

accordance with Local Public Contract Laws, N.J.S.A 40A:11-11 and N.J.S.A 40A: 11-12; and

WHEREAS, the Morris County Correctional Facility has identified the need for

additional staff training; and

WHEREAS, the Morris County Correctional Facility has additional funding available in

account # 01-201-25-280100-044, thus increasing the project total to $282,638.40.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of

the County of Morris in the State of New Jersey to increase the contract awarded to:


290 Davidson Avenue

Somerset NJ 08873

NJSC # M0003 / A89851

Vendor # 17726


Account: 04-216-55-962496-955

Amount: $128,750.00

Account: 04-216-55-962496-909

Amount: $144.97

Account: 04-216-55-962521-909

Amount: $1,759.41

Account: 04-216-55-962533-909

Amount: $130,254.02

Morris County Correctional Facility

Account: 01-201-25-280100-044

Amount: $21,730.00

Total: $282,638.4

1. The Chief Financial Officer is hereby authorized to increase the Certificate of

Availability of Funds (# 210475) by $13,250.00 funded from MCCF Account 01-201-25-

280100-044.


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2. This resolution shall take effect immediately.

RES-2021-414 RESOLUTION AUTHORIZING THE CANCELLATION OF HOME MORTGAGE UNDER THE

HOME INVESTMENT PARTNERSHIP PROGRAM FOR JERSEY BATTERED WOMEN

SERVICE, INC. (Department of Human Services) (ID #8055)

WHEREAS, Jersey Battered Women Service, Inc. executed a Mortgage with the County

of Morris to receive HOME Investment Partnerships Program funds in the amount of $38,535.15

on August 1, 1989 for property located 79 Central Avenue in the Borough of Morris Plains, the

legal description of which is Block 00041.02, Lot 00039.04 and recorded on August 13, 1990.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, in

the County of Morris, State of New Jersey, being the governing body thereof, as follows:

That the Commissioner Director is hereby authorized to execute and the Clerk shall

certify, attest and affix the seal to the Cancellation of Mortgage under the HOME Investment

Partnerships Program in the matter of the following client and the Clerk shall deliver the same to

Community Development due to term expiration:

Jersey Battered Women Service, Inc.

RES-2021-415 RESOLUTION AUTHORIZING THE EXECUTION OF THE CORRECTIVE HUD SF-424-

APPLICATION FOR THE ANNUAL FEDERAL ASSISTANCE IN THE CDBG PROGRAM.

THIS AS A RESULT OF A MISCALCULATION OF THE 2021 CDBG FUNDING AMOUNT BY

HUD. (Department of Human Services) (ID #8060)

WHEREAS, the County receives a CDBG, HOME and ESG allocation from the U.S.

Department of Housing and Urban Development (HUD) on an annual basis; and

WHEREAS, by Resolution RES-2021-361 adopted on May 12, 2021, Morris County

accepted the Annual Action Plan and grant agreements from the U.S. Department of Housing

and Urban Development for CDBG, HOME & ESG funds for FY 2021; and

WHEREAS, HUD has issued a correction to the FY 2021 allocations increasing the

Community Development Block Grant (CDBG) by $28,762.00 from $1,951,795.00 to

$1,980,557.00; and

WHEREAS, budget for the grant funds must be revised to reflect the changing

allocation.


the County of Morris in the State of New Jersey that the Commissioner Director of Morris

County and other responsible and appropriate officials are hereby authorized and directed to

execute on behalf of the County of Morris an amended SF-424 agreement as may be required

under the Rules and Regulations of the U.S. Department of Housing and Urban Development.

RES-2021-416 RESOLUTION FOR PLANS & SPECS FOR REPLACEMENT OF MORRIS COUNTY BRIDGE

NO. 1400-672 ON WASHINGTON VALLEY ROAD IN MENDHAM TOWNSHIP, NEW

JERSEY ( B21-115 ) (Department of Public Works) (ID #8064)

BE IT RESOLVED by the Board of County Commissioners of the County of Morris in

the State of New Jersey as follows:


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1. That the Plans and Specifications for the Replacement of Morris County Bridge

No. 1400-672 on Washington Valley Road in Mendham Township, Morris County, New Jersey

(B21-115) are hereby approved.

2. That the Director is hereby authorized to sign the Plans.

3. That the County Purchasing Agent is hereby directed to advertise for bids for the

project forthwith.

4. That this resolution shall take effect immediately.

RES-2021-417 RESOLUTION AUTHORIZING THE EXECUTION OF A SERVICE AGREEMENT FOR FIRE

DISPATCHING SERVICES BETWEEN THE COUNTY OF MORRIS AND THE PARSIPPANY

FIRE DISTRICT 5 (Department of Law & Public Safety) (ID #8063)

BE IT RESOLVED, by the Board of County Commissioners of the County of Morris in

the State of New Jersey as follows:

1. The Director of the Board of County Commissioners is hereby authorized to sign

and execute an interlocal services agreement for fire dispatching services provided by the

County's Communication Division to Parsippany Fire District No. 5 in accordance with the terms

of the agreement, a copy of which is on file in the Office of the Department of Law and Public

Safety and made a part hereof by reference.

2. This resolution shall take effect in accordance with the law.

RES-2021-418 RESOLUTION AUTHORIZING A CONTRACT RENEWAL FOR MARKING PAVEMENT FOR

MC ROADS FROM DENVILLE LINE PAINTING INC., IN THE AMOUNT OF $589,026.00

(JUNE 1, 2021 THRU MAY 31, 2023) (Department of Public Works) (ID #8053) WHEREAS, the then Board of Chosen Freeholders of the County of Morris, by

Resolution No. 28 adopted May 22, 2019, awarded an as-needed contract to Denville Line Painting, Inc., for Bid No. B19-55R Pavement Markings for Morris County Roads; and

WHEREAS, the County of Morris and Denville Line Painting, Inc., agree to extend the terms and conditions of the existing contract for an additional twenty-four (24) month term from June 1, 2021 through May 31, 2023 reflecting a Consumer Price Index (CPI) of 1.6% as of December 2020; and

WHEREAS, the Chief Financial Officer has authorized the availability of funds and shall issue a Certificate of Availability of Funds for the account listed below.


the County of Morris in the State of New Jersey as follows:

Denville Line Painting, Inc.

2 Green Pond Road

Rockaway, NJ 07866

Vendor #: 14267

Using Agency: Morris County

Amount not exceed $589,026.00

Budget Line Item: 01-201-26-290100-221


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Term: extended from June 1, 2021 through May 31, 2023.

1. The Director of the Board of County Commissioners is hereby authorized to

execute said agreement as prepared by County Counsel.


RES-2021-419 RESOLUTION AUTHORIZING A PROPOSAL FOR MORRIS/SUSSEX/WARREN ONE STOP

OPERATOR AND CAREER SERVICE MANAGER IN RESPONSE TO WORKFORCE

DEVELOPMENT BOARD REQUEST FOR COMPETITIVE CONTRACT PROPOSAL

(Department of Human Services) (ID #8054)

WHEREAS, the Morris/Sussex/Warren Workforce Development Board (WDB) issued a

Request for Proposal (RFP) for a One-Stop Operator and Career Service Manager due May 27,

2021; and

WHEREAS, the Division of Employment and Training of the County of Morris plans to

respond to the RFP.

NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of


1. That Victoria Bollhardt, the Director of Employment and Training Services, is

authorized to submit a One-Stop Operator and Career Service Manager proposal to the WDB on

behalf of the County of Morris.

2. That Victoria Bollhardt is authorized to execute and file, on behalf of the County

of Morris, certifications, and assurances, and other documents required as part of the submission

of this proposal to the WDB.

3. This Resolution shall take effect immediately.

RES-2021-420 RESOLUTION AUTHORIZING A CHANGE ORDER WITH AMERICAN ASPHALT AND

MILLING SERVICES FOR MILLING AND RESURFACING OF LONG HILL ROAD IN THE

TOWNSHIP OF LONG HILL TO DECREASE THE CONTRACT BY $11,895.35 FOR FINAL AS

BUILT QUANTITIES TO CLOSE OUT PROJECT. THE NEW CONTRACT TOTAL IS

$198,922.25. (Department of Public Works) (ID #8059)

WHEREAS, a contract was awarded on August 12, 2020 to American Asphalt and

Milling Services, LLC for milling and resurfacing of Long Hill Road in the Township of Long

Hill; and

WHEREAS, it has been determined that it is necessary to decrease the contract for final

as built quantities to close out contracts.


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-

222892 is hereby approved as follows:

1. Vendor: American Asphalt and Milling Services, LLC


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96 Midland Avenue

Kearny, NJ 07032

2. Item: Final as built quantities to close out the project

3. Decrease in Cost: $ 11,895.35

4. New Contract Total: $ 198,922.25

5. The necessary amended Certificate of Availability of Funds has been provided by

the County CFO and said amended Certificate indicates the availability of funds is as listed in

Account 04-216-55-953555-940; (-$1,635.53) and Account # 02-213-41-864095-391 (-

$10,259.82).


execute said contract modification.


RES-2021-421 RESOLUTION TO RESCIND & RETURN DUPLICATE TRAIL GRANT AWARD FUNDS

(Park Commission) (ID #8061)

WHEREAS, the Board of County Commissioners of the County of Morris, authorized

funding from the Open Space, Recreation, Farmland and Historic Preservation Trust Fund for

Trail Construction Grant Program awards for 2020 as follows:

1. Resolution 2021-287, dated April 14, 2021 – BEE MEADOW POND

NATURE TRAIL-PHASE 4 (Hanover Township), $224,840.00

2. Resolution 2021-288, dated April 14, 2021 – WHARTON BOROUGH

TRAILS-PHASE 2 (Wharton Borough), $154,398.13

3. Resolution 2021-328, dated April 28, 2021 – VETERANS PARK TO

EMMANS GREENWAY TRAIL (Roxbury Township), $239,820.40

WHEREAS, the above resolutions were incorrectly issued and funding encumbered

twice as grant application/award.

NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of

the County of Morris approves the above resolutions to be rescinded, and authorizes the Chief

Financial Officer to return grant awards for the above resolutions for amounts as shown above to

Account No. 13-290-56-580561-888.

This resolution shall take effect immediately.

RES-2021-422 RESOLUTION AUTHORIZING THE PURCHASE OF MICROSOFT ADVANCED UNIFIED

SUPPORT & SERVICES (ANNUAL RENEWAL) FROM DELL MARKETING L.P., UNDER

THE STATE OF NEW JERSEY COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT

OF $74,784.00 (Department of Information Technology) (ID #8067)


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1. The County of Morris wishes to purchase Microsoft Advanced Unified Support &

Services (Annual Renewal) from the following authorized vendor under the State of New Jersey

Cooperative Purchasing Program 1 - NJCP, according to Local Public Contract Laws, N.J.S.A.

40A:11-12.

Dell Marketing L.P.

One Dell Way

Round Rock, TX 78682

Vendor ID: 14228

NJSC# M0003 / 89850

Term: 06/08/2021 - 06/07/2022


Account: 01-201-20-140100-036

Amount: $74,785.00

RES-2021-423 RESOLUTION AUTHORIZING A CHANGE ORDER WITH GRADE CONSTRUCTION FOR

DRAINAGE IMPROVEMENTS TO MAIN ROAD (RT. 202) IN THE TOWNSHIP OF

MONTVILLE TO DECREASE THE CONTRACT BY $20,498.23 FOR FINAL QUANTITIES TO

CLOSE OUT PROJECT. THE NEW CONTRACT TOTAL IS $92,714.22. (Department of

Public Works) (ID #8074)

WHEREAS, a contract was awarded on October 26, 2020 to Grade Construction for

drainage improvements to Main Road (Rt. 202) in the Township of Montville; and

WHEREAS, it has been determined that it is necessary to decrease the contract for final

quantities to close out project.


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-

226303 is hereby approved as follows:

1. Vendor: Grade Construction

110 Pennsylvania Avenue

Paterson, NJ 07503

2. Item: Final quantities to close out the project

3. Decrease in Cost: $ 20,498.23

4. New Contract Total: $ 92,714.22


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5. The necessary amended Certificate of Availability of Funds has been provided by

the County CFO and said amended Certificate indicates the availability of funds is as listed in

Account 04-216-55-953498-940; (-$20,498.23).


execute said contract modification.


RES-2021-424 RESOLUTION PROCLAIMING MAY 2021 ASIAN/PACIFIC AMERICAN HERITAGE

MONTH IN MORRIS COUNTY (Clerk of the Board) (ID #8077)

WHEREAS, Asian/Pacific American Heritage Month is observed during the Month of

May to celebrate and pay tribute to the contributions of Asian and Pacific American history,

culture and achievements; and

WHEREAS, this important observance began with a campaign waged by Jeanie Jew, a

former Capitol Hill staffer and member of the Organization of Chinese Americans, who

approached U.S. Rep. Frank Horton (R-NY) in 1977 to introduce a House resolution to establish

a week of observance of contributions made by Asian and Pacific Americans; and

WHEREAS, on March 28, 1979, President Jimmy Carter acted on a joint House and

Senate resolution to proclaim the nation’s first Asian/Pacific American Heritage Week and

recognize the significant role Asian and Pacific Americans have played in the creation of a

dynamic and pluralistic American society; and

WHEREAS, again at the request of Congress, President George H.W. Bush issued a

proclamation on May 7, 1990 designating May 1990 to be the first Asian/Pacific American

Heritage Month and, following a subsequent bill introduced again by U.S. Rep. Horton and

championed again by Jeanie Jew, the annual monthly observance was made permanent in 1992;

and

WHEREAS, Asian Americans and Pacific Islanders comprise many ethnicities and

languages; their many achievements embody the American experience, and by recognizing their

contributions we celebrate the importance our nation’s rich diversity plays in building a brighter

future; and

WHEREAS, Asian American and Pacific Islander men and women are leaders in all

aspects of Morris County and American life, from industry, science and medicine to education,

sports, the arts, government and the Armed Forces.

NOW, THEREFORE, BE IT RESOLVED, by the Morris County Board of County

Commissioners, that May 2021 be proclaimed Asian/Pacific American Heritage Month in Morris

County and that all residents dedicate themselves to celebrating the significant contributions

Asian/Pacific Americans continue to make in our communities.

RES-2021-425 RESOLUTION APPROVING THE ACQUISITION OF A FEE TAKING OF TAX BLOCK

10903, LOT 2 (119 LAKESIDE BOULEVARD) IN THE TOWNSHIP OF ROXBURY FOR THE

REPLACEMENT OF THE LANDING ROAD BRIDGE (BRIDGE NO. 1400-073) AND


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APPROPRIATING THE SUM OF $180,000 THEREFOR FROM GRANT ACCOUNT NUMBER

02-213-41-864250-392 (County Counsel) (ID #8078)

WHEREAS, as part of a project involving the replacement of the Landing Road Bridge,

Bridge No.1400-073, in the Township of Roxbury, and in order to construct the aforesaid

Project, the Board of County Commissioners of the County of Morris in the State of New Jersey,

has determined that the acquisition of a fee taking is necessary for public purposes and that the

County must acquire real property described as Tax Block 10903, Lot 2, on the Tax Map of the

Township of Roxbury more commonly known as 119 Lakeside Boulevard.


the County of Morris, in the State of New Jersey that it is necessary, required, desirable, in the

public interest and in the best interests of the County that it acquire real property in fee described

as Tax Block 10903, Lot 2, on the Tax Map of the Township of Roxbury more commonly

known as 119 Lakeside Boulevard in the Township of Roxbury, currently owned by Sofiley

LLC, which is more particularly described on the attached description at Exhibit A, and the map

set forth at Exhibit B, which are annexed hereto and made a part hereof.

SUBJECT, HOWEVER, to easements of the Township of Roxbury, if any, and the

County of Morris and all other public and utility easements, recorded or unrecorded, affecting

the herein described premises.

BE IT FURTHER RESOLVED that the appraisal report dated March 29, 2021, with a

value date of March 18, 2021, prepared by Robert G. Schwarz, MAI, and Dawn McDermott,

SCGREA, Harry L. Schwarz and Company, valuing the property more commonly known as 119

Lakeside Boulevard in the Township of Roxbury at $180,000.00, and the appraisal review report

prepared by Michael Holenstein, MAI, Holzhauer and Holenstein, LLC dated May 13, 2021, are

hereby approved.

BE IT FURTHER RESOLVED that, in accordance with law, the offer of compensation

to the owner shall be subject to a trust escrow for the costs of any necessary environmental

remediation, if any, in an amount to be established by the County’s environmental consultant and

approved by County Counsel.

BE IT FURTHER RESOLVED that the Morris County Counsel or such person(s) as

directed by him, be and is hereby authorized, empowered and directed to negotiate for and on

behalf of the County with the owner(s) of the hereinabove described real property for the

acquisition thereof by the County.

BE IT FURTHER RESOLVED that in the event that such Counsel is unable to agree

with the owner(s) of the aforementioned real property as to the compensation to be paid

therefore, free and clear of all liens of lienholders, then said Counsel is hereby authorized to

institute condemnation proceedings in the name and for the benefit of the County in accordance

with the eminent domain laws of the State of New Jersey for the acquisition of the real property

hereinabove described, and to institute such proceedings at the cost and expense of the County.

BE IT FURTHER RESOLVED that there is hereby authorized the sum of One

Hundred Eighty Thousand Dollars ($180,000.00) for the necessary order of taking to acquire the


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said properties from Grant Account Number 02-213-41-864250-392. The Treasurer is hereby

authorized to remit a check in the sum of One Hundred Eighty Thousand Dollars ($180,000.00)

made payable to the firm of Waters, McPherson, McNeill, P.C. Trust Account.

BE IT FURTHER RESOLVED that this Resolution shall take effect immediately and

be in full force from and after its passage.

RES-2021-426 RESOLUTION CONFIRMING PAYMENT TO THE BANK OF AMERICA THROUGH THE

COUNTY'S PCARD PROGRAM, IN THE AMOUNT OF $2,241.38 (Department of Finance)

(ID #8051)

WHEREAS, the County of Morris has a PCARD program with Bank of America; and

WHEREAS, transactions were processed through the program during the month of April

2021, as per the documentation that is filed in the Treasurer's Office; and

WHEREAS, payment to Bank of America was processed on 5/25/21 in the total amount

of $2,241.38.

NOW, THEREFORE, BE IT RESOLVED that authorization is hereby given to the

Treasurer’s Office and the above payment is confirmed.

RES-2021-427 RESOLUTION AUTHORIZING THE INSERTION OF A SPECIAL ITEM OF REVENUE INTO

THE 2021 BUDGET UNDER CHAPTER 159, U.S. DEPARTMENT OF EDUCATION, CARES

ACT ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND (ESSER

II), IN THE AMOUNT OF $20,000. (Department of Finance) (ID #8056)

RESOLUTION PROVIDING FOR THE INSERTION OF ANY SPECIAL

ITEM OF REVENUE IN THE BUDGET OF ANY COUNTY OR MUNICIPALITY

PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948)

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local

Government Services may approve the insertion of any special item of revenue in the budget of

any county or municipality when such item shall have been made available by law and the

amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS, said Director may also approve the insertion of an item of appropriation for

equal amount; and

WHEREAS, the Chief Financial Officer certifies that the County of Morris has realized or

is in receipt of written notification of the state or federal monies cited in this resolution, which

meets all statutory requirements and will be included in the 2021 county budget.

Beti Bauer, Chief Financial Officer

NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners

hereby requests the Director of the Division of Local Government Services to approve the

insertion of an item of revenue and appropriation in the budget of the year 2021 as referenced

below:


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Revenue Title: U.S. Department of Education Amount: $20,000.00

Appropriation Title: CARES Act Elementary and Secondary School

Emergency Relief Fund (ESSER II)

Amount: $20,000.00

Local Match -

Source:

______________________________________ Amount: $_______

BE IT FURTHER RESOLVED, that pursuant to N.J.S.A. 40A:4-87 this resolution has

been duly adopted by the governing body of the County of Morris and that one (1) certified copy

of this resolution be forwarded to the Division of Local Government Services.

Approval is hereby given to the cited resolution adopted by the governing body pursuant

to N.J.S.A. 40A:4-87.

For Director, Division of Local Government Services

by:

Duly Appointed Designee Date Certified


THE 2021 BUDGET UNDER CHAPTER 159, U.S. DEPARTMENT OF TRANSPORTATION,

2021 ANNUAL TRANSPORTATION PROGRAM (ATP) - COUNTY AID, IN THE AMOUNT

OF $7,940,860.00. (Department of Finance) (ID #8057)









equal amount; and








below:

Revenue Title: U.S. Department of Transportation Amount: $7,940,860.00

Appropriation Title: 2021 Annual Transportation Program (ATP) – Amount: $7,940,860.00


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County Aid

Local Match -

Source:

______________________________________ Amount: $_______





to N.J.S.A. 40A:4-87.


by:


RES-2021-429 RESOLUTION AUTHORIZING THE CHIEF FINANCIAL OFFICER TO CANCEL GRANT

FUND BALANCES AND ANY EXCESS FUNDS BE RETURNED TO THE APPROPRIATE

GRANT AGENCY (Department of Finance) (ID #8058)

WHEREAS, the following Grant Fund budget appropriation balances remain

unexpended or have been reduced:

860060 DOS 2020 Complete Count Commission $ 21,242.56

WHEREAS, it is necessary to formally cancel said balances so that the Grant program

may be closed out and removed from the open balances; and

WHEREAS, it may be necessary to refund any excess funds received from the Grant

Agency if Morris County receives funding in excess of the requirement of the program.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners

that the above listed balances in the grant fund be canceled and any excess funds received be

returned to the appropriate Grant Agency.

RES-2021-430 RESOLUTION AUTHORIZING THE COUNTY CHIEF FINANCIAL OFFICER TO RE-ISSUE

CHECKS THAT WERE SUBMITTED WITH AN INCORRECT VENDOR AND HAVE BEEN

VOIDED. (Department of Finance) (ID #8069)

WHEREAS, the County Chief Financial Officer has been advised that the following

check(s) was/were submitted with an incorrect vendor and has/have been voided:

CHECK # DATE AMOUNT PAYEE ACCOUNT BANK

19266 3/12/2021 $722.25 Carmen Eisenmann

& Lakeland Water

Pump Co.

Community Development Bank of America

471552 4/28/2021 $794.00 National Office

Furniture, Inc. Centralized Disbursement Bank of America


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NOW, THEREFORE, BE IT RESOLVED by the governing body that the County

Chief Financial Officer be authorized to re-issue the above in the following manner:

AMOUNT PAYEE ACCOUNT BANK

$722.25 Carmen Eisenmann Community Development Bank of America

$794.00 BFI Centralized Disbursement Bank of America

RES-2021-431 RESOLUTION AUTHORIZING THE COUNTY CHIEF FINANCIAL OFFICER TO VOID A

CHECK THAT IS NO LONGER NEEDED AND TO REDEPOSIT THE FUNDS. (Department of

Finance) (ID #8070)


check(s) is/are no longer needed and has/have been voided.

NOW, THEREFORE, BE IT RESOLVED that the County Chief Financial Officer is

hereby authorized to redeposit the following check(s).


471745 5/12/2021 $7,083.33 Brown & Brown Metro,

Inc.

Centralized Disbursement Bank of America

RES-2021-432 RESOLUTION AUTHORIZING THE COUNTY CHIEF FINANCIAL OFFICER TO RE-ISSUE A

CHECK FOR ONE THAT WAS SUBMITTED WITH AN INCORRECT AMOUNT AND WILL BE

VOIDED. (Department of Finance) (ID #8071)


check was submitted for an incorrect amount and will be voided:


472092 5/12/2021 $2,082.31 U-Line Shipping

Supply

Centralized Disbursement Bank of America

NOW, THEREFORE, BE IT RESOLVED by the governing body that the County

Chief Financial Officer be authorized to re-issue the above in the following manner:

AMOUNT PAYEE ACCOUNT BANK

$2,153.40 U-Line Shipping Supply Centralized Disbursement Bank of America

RES-2021-433 RESOLUTION AUTHORIZING THE COUNTY CHIEF FINANCIAL OFFICER TO ISSUE

CHECKS PER CHAPTER 127 P.L. 1985. (Department of Finance) (ID #8072)

WHEREAS, in accordance with the authorization to pay per Chapter 127 P.L. 1985, the

following check(s) has/have been issued by the County Chief Financial Officer:

DATE CHECK NO. PAYEE ACCOUNT AMOUNT

5/19/2021 472130 Anchor Innovation, Inc. Centralized Disbursement $56,120.00


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5/19/2021 472131 Anchor Innovation, Inc. Centralized Disbursement $54,781.00

NOW, THEREFORE, BE IT RESOLVED, that the above payment(s) be confirmed.

RES-2021-434 RESOLUTION AUTHORIZING THE CHIEF FINANCIAL OFFICER TO CANCEL CERTAIN

CAPITAL IMPROVEMENT BALANCES. (Department of Finance) (ID #8079)

BE IT RESOLVED, that the following Capital Improvement Balances be, and are hereby

cancelled:

ACCOUNT#

ACCOUNT DESCRIPTION

AMOUNT

967209 Improvements of Morris County Park Commission Facilities

Including but not Limited to the Craigmeur Recreation

Complex, Park Maintenance Facilities, Mennen Arena

Roof/Utility Improvements, Cooper Mill, Fosterfields and

Various Paving Projects

$ 300.00

967215 Various Capital Projects Under the Jurisdiction of the Morris

County Park Commission, Including but not Limited to

Paving at Various Park System Sites for Public Safety, Golf

Course Improvements and Renovations at the Sunrise Lake

Boathouse at Lewis Morris

$ 1,792.74

967221 Purchase & Upgrades of Various Vehicles & Equipment for

the Morris County Park Commission

$ 1,730.04

954379 Purchase of Automated Fingerprint Identification System for

the Correctional Facility under the Sheriff’s Office

$ 4,297.97

954457 Replacement of Transportation Vehicles at Correctional

Facility

$ 1,000.00

963325 Renovation & Upgrade of the Fire Extinguisher Props for

Training Purposes by and for the Department of Law &

Public Safety

$ 578.83

963339 Purchase of Autopsy Equipment, Stations and Carts for

Morgue at Morristown Memorial Hospital for the County of

Morris Department of Law and Public Safety, Medical

Examiner

$ 843.39

963346 Purchase of Simulators, Including but not Limited to Driver

and Firearms Simulators for Training Purposes in the

Department of Law and Public Safety

$ 373.41


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963374 Purchase of Target Retrieval Systems Including but Not

Limited to Equipment Needed to Upgrade Firing Range for

the Department of Law & Public Safety

$ 1,253.00

963448 Purchase of Emergency Response Vehicles Including but not

Limited to Related Equipment for the Department of Law &

Public Safety

$ 1,310.85

963452 Purchase of an Emergency Support Vehicle & Equipment for

Emergency Management Under the Department of Law &

Public Safety

$ 700.00

963468 Purchase of Furniture & Equipment for Public Safety

Training Academy Under the Department of Law & Public

Safety, Including but not Limited to Shotgun Range System

Replacement, Life Safety Complex Program Controller, etc.

$ 132.81

954423 Shower and Kitchen Floor Upgrade Including but not Limited

to Parts and Labor at the Correctional Facility under the

Sheriff’s Office

$ 11.96

954467 A Full Body Security Screening System at the Correctional

Facility Under the Sheriff's Office, Including but Not Limited

to Equipment to Support Implementation

$ 227.95

RES-2021-435 RESOLUTION AUTHORIZING THE COUNTY CHIEF FINANCIAL OFFICER TO REISSUE

CHECK(S) THAT HAS/HAVE BEEN LOST AND PAYMENT HAS/HAVE BEEN STOPPED

(Department of Finance) (ID #8081)


check(s) has/have been lost and payment has been stopped on same.

NOW, THEREFORE, BE IT RESOLVED, that the County Chief Financial Officer is

hereby authorized to reissue the same.

Check No. Date Amount Payee Account Bank

468988 2/24/2021 $813.00 Islin Johnson Centralized Disbursement Bank of America

RES-2021-436 RESOLUTION AUTHORIZING APPROVAL OF THE DEED OF EASEMENT BETWEEN

DENISE KUHL AND VINCENT R. PERKOSKI, BROTHER AND SISTER, FOR PROPERTY

LOCATED IN THE TOWNSHIP OF MOUNT OLIVE (County Counsel) (ID #8082)

WHEREAS, the preservation of agricultural lands in the County of Morris is vital to the

economic vitality of farming; and

WHEREAS, the Morris County Agriculture Development Board (“MCADB”) is charged

with the preservation of farmland using funds from the Morris County Open Space, Recreation,

Farmland and Historic Preservation Trust Fund (“the Program”); and


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WHEREAS, the Board of County Commissioners of the County of Morris (“the Board”)

is interested in preserving farmland owned by Denise Kuhl and Vincent R. Perkoski, brother

and sister (“Sellers”), for property known as Block 900, Lot 11, Township of Mount Olive,

Morris County, New Jersey; and

WHEREAS, on June 10, 2020 the Board entered into an Agreement to Sell Development

Easement between Seller and the County of Morris for the sale of development rights for the

Property for the price of $24,000.00 per acre; and

WHEREAS, a survey of the Property dated August 21, 2020, signed by Carl M. Herman

prepared by Van Cleef Engineering Associates, certifies the acreage of the Property at 97.866 net

acres for a total purchase price for the development easement to be $2,348,784.00; and

WHEREAS, the Board of County Commissioners of the County of Morris is desirous of

authorizing the County Chief Financial Officer to draw County Funds in an amount representing

the County cost for the purchase of said development easement rights.

NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of

the County of Morris, that the County Chief Financial Officer is hereby authorized to issue a

county check or wire transfer from the Morris County Open Space, Recreation, Farmland and

Historic Preservation Trust Fund in the amount of Two Million Three Hundred Forty Eight

Thousand Seven Hundred Eighty Four Dollars and Zero cents ($2,348,784.00) payable to Scott

T. McCleary, Attorney Trust Account, relative to the Morris County purchase of development

easement rights from Denise Kuhl and Vincent R. Perkoski, brother and sister, for property being

known as Block 900, Lot 11, Township of Mount Olive, Morris County, New Jersey.

This resolution will take effect immediately.

RES-2021-437 RESOLUTION AUTHORIZING ADDITIONAL FUNDING TO THE MORRIS COUNTY OFFICE

OF TEMPORARY ASSISTANCE FOR CODE BLUE (Department of Human Services) (ID

#8075)

WHEREAS, on December 21, 2020, Resolution 2020-991, entered the County of Morris

into Contract SH21014 for $540,890.00 with the New Jersey Department of Human Services,

Division of Family Development to provide emergency and prevention services for the period

January 1, 2021 through December 31, 2021; and

WHEREAS, on April 14, 2021, Resolution 2021-297 authorized Interdepartmental

Agreement SSH-2103 between the Division of Community and Behavioral Health Services and

the Morris County Office of Temporary for $83,700.00 in State and $25,100.00 in TANF funds

for a total award of $108,800.00; and

WHEREAS, on May 12, 2021, Resolution 2021-400, Contract Modification #1 added

Code Blue services to the Morris County Office of Temporary Assistance Interdepartmental

Agreement SSH-2103 by increasing the total award by $35,000.00 from $108,800.00 to

$143,800.00; and

WHEREAS, by way of Modification #2, it has become necessary to provide increased

service utilization for Code Blue by way of County of Morris, Office of Temporary Assistance


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Interdepartmental Affiliation Agreement SSH-2103, by increasing the award by $25,000.00 from

$143,800.00 to $168,800.00 through June 30, 2021; and

WHEREAS, it is also necessary to decrease the unencumbered balance of Code Blue

funding in account #02-213-41-754110-392 by $25,000.00 from $51,376.50 to $26,376.50.



1. The Director of the Board of County Commissioners is hereby authorized to sign

and execute Contract SSH-2103 Modification #2 Amended for the Morris County Office of

Temporary Assistance Interdepartmental Affiliation Agreement SSH-2103 to reflect these

changes.

2. The Chief Financial Officer is hereby authorized to issue an amended Certificate

of Availability of Funds, based on aforesaid increase, as follows:

MSI# CAF# NAME Decrease

Amount

Increase

Amount

02-213-41-754110-392 ------- Code Blue (unencumbered) (25,000.00)

02-213-41-754110-392 -------- County of Morris OTA

Affiliation Agreement, Code

Blue

$25,000.00

Total: $25,000.00

RES-2021-438 RESOLUTION RATIFYING AND CONFIRMING THE EXECUTION OF A LEASE EXTENSION

BETWEEN THE COUNTY OF MORRIS AND TRANSFORM SHC LICENSED BUSINESSES

LLC FOR THE REGIONAL VACCINE CLINIC SITE (Department of Law & Public Safety)

(ID #8076)

WHEREAS, Coronavirus disease 2019 (hereafter “COVID-19) is a contagious, and at

times fatal, respiratory disease caused by the SARS-CoV-2 virus; and

WHEREAS, on March 9, 2020, New Jersey Governor Philip Murphy, in order to protect

the health, safety, and welfare of the people of the State of New Jersey, signed Executive Order

No. 103, declaring a Public Health Emergency and State of Emergency exists in the State of New

Jersey; and

WHEREAS, the County of Morris opened a Regional Vaccine Clinic Site in conjunction

with the State of New Jersey to administer COVID-19 Vaccines; and

WHEREAS, the County of Morris entered into a short term lease with Transform SHC

Licensed Businesses LLC, 3333 Beverly Road, Hoffman Estates, IL 60179 effective December

15, 2020 through June 30, 2021; and


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WHEREAS, the County of Morris and Transform SHC Licensed Business LLC desire to

amend and extend the Lease Agreement for one month through July 31, 2021.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the

County of Morris in the State of New Jersey, that the action of the Director of Law & Public

Safety to execute the Lease Amendment between the County of Morris, Law & Public Safety

and Transform SHC Licensed Businesses LLC is hereby ratified and confirmed.

RES-2021-439 RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR BID# “B21-81 DAMAGE

REPAIRS TO MORRIS COUNTY BRIDGE NO. 14C4237 DOVER & ROCKAWAY RIVER

RAILROAD OVER BERKSHIRE VALLEY ROAD (CR 642) ROXBURY TOWNSHIP,

MORRIS COUNTY, NJ” TO SPARWICK CONTRACTING, INC. FOR $466,501.00.

(Department of Public Works) (ID #8068)

WHEREAS, the County of Morris deemed it advisable in the public interest to advertise

and receive bids for the repairs to Morris County Bridge No. 14C4237, titled Bid# “B21-81

Damage Repairs to Morris County Bridge No. 14C4237 Dover & Rockaway River Railroad

Over Berkshire Valley Road (CR 642) Roxbury Township, Morris County, NJ”; and

WHEREAS, public bids were received on Tuesday, May 11, 2021, at 10:00 a.m.

prevailing time in conformance of N.J.S.A. 40A:11-1 et seq., the Local Public Contracts Law;

and

WHEREAS, the Purchasing Division reviewed the bid documents submitted by six (6)

bidders, found the proposals submitted to be in order, and forwarded same to the using

Department for review and recommendation; and

WHEREAS, the Department of Public Works, Division of Engineering & Transportation

found Sparwick Contracting, Inc., from Lafayette, NJ to be the most responsive, responsible

bidder; and

WHEREAS, the Chief Financial Officer is hereby authorized to issue a Certificate of

Availability of Funds.


the County of Morris in the State of New Jersey that a contract be awarded as follows:

Sparwick Contracting, Inc.

21 Sunset Inn Road

Lafayette, NJ 07848

Vendor ID # 17762

Budget Line Item: 04-216-55-953556-940

Total Amount: $466,501.00

Contract Term: All work to be substantially completed within one-hundred twenty (120)

calendar days after notification of award of contract and notice to proceed from the

County Engineer’s office. Liquidated damages, assessed in accordance with Section 2.G

of the Instructions to Bidders and Statutory Requirements contained herein for delays to

Contract Time caused by the contractor, shall be enforced.


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2. This contract is awarded pursuant to a fair and open process in compliance with

N.J.S.A. 19:44A-20.4, et seq.

RES-2021-440 RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR RFP #P21-55

CONSTRUCTION INSPECTION (CLERK OF THE WORKS) SERVICES FOR BRIDGE, ROAD

AND DRAINAGE CONSTRUCTION PROJECTS WITHIN MORRIS COUNTY TO GREENMAN

PEDERSEN INC. FOR JOHN SADLON TO SERVE AS A CLERK OF THE WORKS AT $85.00

PER HOUR, NOT TO EXCEED $40,800.00 (Department of Public Works) (ID #8073)

WHEREAS, proposals to provide Consulting Services to provide Construction

Inspection (Clerk of The Works) Services for Bridge, Road and Drainage Construction Projects

Within Morris County (RFP #21-55) were solicited through a fair and open process in

accordance with N.J.S.A. 19:44A-20.1 et seq.; and

WHEREAS, nine (9) Requests for Proposal submittals (RFP’s) were received on

Tuesday, April 6, 2021 at 10:00 a.m. prevailing time in conformance of N.J.S.A. 40A11-1 et

seq., the Local Public Contracts Law; and

WHEREAS, the Purchasing Division reviewed the documents submitted by the

respondents, and found the proposals to be in order, and forwarded same to the using Department

for review and recommendation; and

WHEREAS, the Morris County Department of Public Works, Division of Engineering &

Transportation found the proposal submitted by Greenman Pedersen Inc. of Lebanon, NJ to be

responsive and responsible and recommended a contract to be awarded for John Sadlon to serve

as a Clerk of the Works for Roadway construction projects; and





Greenman Pedersen Inc.

100 Corporate Drive

Suite 301

Lebanon, NJ 08833

Vendor ID # 15007

Using Departments: Division of Engineering & Transportation

Total Amount: $85.00 per hour, not to exceed $40,800.00

Budget Line Item: 04-216-55-953610-909

Contract Term: Three (3) months from notice to proceed from the County Engineer.

1. A notice of this action will be published in accordance with the law.


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N.J.S.A. 19:44A-20.4, et seq.

RES-2021-441 RESOLUTION AUTHORIZING A CONTRACT AWARD FOR ENVIRONMENTAL CONTROL

SYSTEMS AND MAINTENANCE FROM TBS CONTROLS SYSTEMS, LLC FOR THE

MORRIS VIEW HEALTHCARE CENTER IN THE AMOUNT OF $80,000.00 (FROM JUNE 1,

2021 THROUGH MAY 31, 2023) (Department of Public Works) (ID #8080)

WHEREAS, the County of Morris deemed it advisable in the public interest to advertise

and receive bids for Environmental Control Systems Maintenance and Repair for Morris View

Healthcare Center , titled Bid# “B21-91 Environmental; Control Systems Maintenance and

Repair”; and

WHEREAS, public bids were received on Tuesday, May 18, 2021, at 10:00 a.m.

prevailing time in conformance of N.J.S.A. 40A:11-1 et seq., the Local Public Contracts Law;

and

WHEREAS, the Purchasing Division reviewed the bid document submitted by one (1)

bidder, and found the proposal submitted to be in order, and forwarded same to the using

Department for review and recommendation; and

WHEREAS, the Division of Buildings & Grounds found TBS Controls, LLC from

Allendale, NJ to be the most responsive, responsible bidder; and





TBS Controls, LLC

6 Pearl Court, Ste 6B

Allendale, NJ 07401

Vendor ID # 5611

Budget Line Item: 01-201-26-310100-044


$40,000.00 2021/2022

$40,000.00 2022/2023

Contract Term: June 1, 2021 thru May 31, 2023 with an option to extend for and

additional twenty-four (24) month term. The price for the extended term shall be

automatically adjusted by the annual Consumer Price Index as of December of the (two)

preceding years.




N.J.S.A. 19:44A-20.4, et seq.


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RES-2021-442 RESOLUTION TO REJECT ALL BIDS FOR NYS&W BICYCLE & PEDESTRIAN SHARED

USE PATH FROM ROUTE 202 TO RIVER DRIVE, BID# B21-02, AS IT IS IN THE BEST

INTEREST OF THE COUNTY TO DO SO (Department of Public Works) (ID #8083)

WHEREAS, the Department of Public Works, Division of Engineering & Transportation

deemed it advisable and in the public interest to advertise and receive bids for the NYS&W

Bicycle and Pedestrian Shared Use Path from Route 202 To River Drive, Bid #B21-02; and

WHEREAS, public bids were received and reviewed by the Purchasing Agent on

Tuesday, February 9, 2021 at 10:00 AM prevailing time; and

WHEREAS, in the best interest of the County of Morris has rejected all bids received for

the NYS&W Bicycle and Pedestrian Shared Use Path as it is in the best interest of the County to

do so.



1. That all bids submitted shall be rejected.

2. That the bid specifications be revised to include all clarifications and addenda.

3. That the Purchasing Agent be and hereby is directed to rebid the project at a

future date in accordance with N.J.S.A. 40A:11-1 et seq., the Local Public Contracts Law.

4. That this resolution take effect immediately.

RES-2021-443 RESOLUTION ACCEPTING FUNDING FROM THE U.S. DEPARTMENT OF THE

TREASURY, THE AMERICAN RESCUE PLAN ACT, IN THE AMOUNT OF $95,535,125

(Clerk of the Board) (ID #8085)

WHEREAS, the U.S. Department of the Treasury, Coronavirus State and Local Fiscal

Recovery Funds, established by the American Rescue Plan Act of 2021, to provide $350 billion

in emergency funding for eligible state, local, territorial, and tribal governments.


the County of Morris in the State of New Jersey that the Director of the Department of Finance

and County CFO is hereby authorized to accept funding in the amount of $95,535,125 from the

U.S. Department of Treasury, American Rescue Plan Act of 2021.

RES-2021-444 RESOLUTION APPOINTING DOUGLAS GABEL TO THE MORRIS COUNTY PARK

COMMISSION (Clerk of the Board) (ID #8086)

WHEREAS, the Board of County Commissioners wishes to make an appointment to the

Morris County Park Commission to fill an unexpired term; and

WHEREAS, as a practice, the Board of County Commissioners does not appoint elected

officials to the Park Commission; and

WHEREAS, Douglas Gabel has expressed an interest in serving on the Park

Commission; and


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WHEREAS, Mr. Gabel presently serves as a Councilman on the Township of Denville

Council; and

WHEREAS, Mr. Gabel’s term expires on December 31, 2021 and has advised that he is

not seeking reelection.


the County of Morris in the State of New Jersey that consistent with the practice of not

appointing elected officials to the Park Commission, the Board hereby appoints Douglas Gabel

to the Morris County Park Commission, without salary, to serve an unexpired five-year term,

which expires on December 31, 2022.


THE 2021 BUDGET UNDER CHAPTER 159, U.S. DEPARTMENT OF TREASURY, LOCAL

FISCAL RECOVERY FUNDS -AMERICAN RESCUE PLAN ACT , IN THE AMOUNT OF

$95,535,125.00. (Department of Finance) (ID #8088)









equal amount; and








below:

Revenue Title: U.S. Department of the Treasury Amount: $95,535,125.00

Appropriation Title: Local Fiscal Recovery Funds -American Rescue Plan

Act

Amount: $95,535,125.00

Local Match -

Source:

______________________________________ Amount: $_______



35 | P a g e




to N.J.S.A. 40A:4-87.


by:


RES-2021-446 RESOLUTION APPROVING THE SETTLEMENT OF THE ACQUISITION OF A FEE TAKING

OF TAX BLOCK 10905, LOT 1 IN THE TOWNSHIP OF ROXBURY MORE COMMONLY

KNOWN AS 104 LANDING ROAD AND TAX BLOCK 10904, LOT 3 IN THE TOWNSHIP OF

ROXBURY MORE COMMONLY KNOWN AS 105 LAKESIDE BOULEVARD IN

CONJUNCTION WITH A PROJECT FOR THE REPLACEMENT OF THE LANDING ROAD

BRIDGE (BRIDGE NUMBER 1400-073) AND APPROPRIATING THE ADDITIONAL SUM OF

$250,000.00 THEREFOR FROM GRANT ACCOUNT NUMBER 02-213-41-864250-392

(County Counsel) (ID #8089)

WHEREAS, as part of a project (hereinafter “Project”) involving the replacement of the

Landing Road (Bridge No.1400-073) in the Townships of Roxbury, the Board of County

Commissioners of the County of Morris in the State of New Jersey, by Resolution dated May 12,

2021 determined that the acquisition of fee takings are necessary for public purposes and that the

County must acquire a fee interest in real property described as Tax Block 10905, Lot1 1, more

commonly knowns as 104 Landing Road on the Tax Map of the Township of Roxbury and Tax

Block 10904, Lot 3, more commonly knowns as 105 Lakeside Boulevard on the Tax Map of the

Township of Roxbury (hereinafter “Subject Properties”); and

WHEREAS. the County of Morris’s (hereinafter “County”) Resolution of May 12, 2021

approved an offer of $1,565,000.00 for the necessary order of taking to acquire the Subject

Properties; and

WHEREAS, the owner of the Subject Properties, 4C’s Lakefront Lodging, LLC, has

agreed to settle the needed acquisition of the Subject Properties for an additional $250,000.00,

with $239,084.00 of the settlement monies put in an escrow for environmental remediation

according to the Environmental Escrow Agreement (hereinafter “Escrow Agreement”) which is

on file in the Morris County Engineer’s Office and available for inspection upon request, subject

to the approval of the Board of County Commissioners of the County of Morris; and

WHEREAS, Special Counsel for Morris County has recommended settlement of the

matter as proposed herein, in order to avoid the costs of litigation and a possible immediate cost

recovery action; and

WHEREAS, Robert Schwarz, MAI, Harry L. Schwarz and Company, the appraiser for

Morris County, has recommended approval of the proposed settlement, as set forth in his letter of

May 21, 2021, due to the cost of litigation and the possible need to litigate an immediate cost

recovery action; and


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WHEREAS, Morris County’s environmental consultant has discovered environmental

contamination on the Subject Properties at 105 Lakeside Boulevard, and, as noted in his letter of

May 20, 2021, has estimated $239,084.00 as the cost to remediate the contamination; and

WHEREAS, Morris County has a qualified immunity pursuant to the New Jersey Spill

Compensation and Control Act, N.J.S.A. 58:10-23.11(g) for environmental contamination

discovered on property acquired by government using the power of eminent domain; and

WHEREAS, the New Jersey Supreme Court, in Housing Authority of the City of New

Brunswick v. Suydam, 177 N.J. 2 (2003) and New Jersey Transit v. Cat in the Hat, 177 N.J. 28

(2003) set forth a procedure for addressing contamination discovered on properties acquired by

government via eminent domain through the creation of a “trust escrow;” and

WHEREAS, in accordance with the methodology adopted by the New Jersey Supreme

Court in the foregoing cases, the acquiring entity investigates the property to be acquired in

eminent domain for environmental contamination, and if such contamination is discovered and

there is not an active remediation, the estimated cost of remediation is taken from the just

compensation for the property being acquired in eminent domain, that amount is held in a trust

escrow and used to remediate the contamination, with any monies left over from the trust escrow

after the site is remediated, returned to the owner, and with the owner responsible for the

additional cost if the remediation costs more than the estimated cost of remediation; and

WHEREAS, the owner of the Subject Properties has agreed to overall settlement of the

acquisition of the Subject Properties for $1,815,000.00 and has also agreed to the $239,084.00

trust escrow, and has executed the Escrow Agreement, which provides a process under which the

escrow funds will be used to remediate the Subject Properties.


the County of Morris, in the State of New Jersey having determined in its resolution of May 12,

2021 that it is necessary, required, desirable, in the public interest and in the best interests of the

County that it acquire the Subject Properties, and taking into consideration the recitals above,

including the advice and recommendation of Special Counsel; the settlement of the acquisition of

the Subject Properties for a total of $1,815,000.00, with an escrow of $239,084.00 subject to the

terms of the escrow agreement, is hereby approved.

BE IT FURTHER RESOLVED that the Escrow Agreement is approved and the County

Administrator is hereby authorized to execute the Escrow Agreement for and on behalf of the

County of Morris.

BE IT FURTHER RESOLVED that in the event that County Counsel is unable to close

with the owner(s) of the aforementioned real property as to the compensation to be paid

therefore, free and clear of all liens of lienholders, and with an escrow for environmental

contamination, then said Counsel is hereby authorized to institute condemnation proceedings in

the name and for the benefit of the County in accordance with the eminent domain laws of the

State of New Jersey for the acquisition of the real property hereinabove described, and to

institute such proceedings at the cost and expense of the County.


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BE IT FURTHER RESOLVED that there is hereby authorized the sum of Two

Hundred Fifty Thousand ($250,000.00) Dollars for the necessary order of taking to be added to

the One Million Five Hundred Sixty Five Thousand ($1,565,000.00) Dollars to settle the

acquisition of the said property, for a total acquisition price of One Million Eight Hundred

Fifteen Thousand ($1,815,000.00) Dollars from Grant Account Number 02-213-41-864250-392.

The Treasurer is hereby authorized to remit a check in the sum of Two Hundred Fifty Thousand

($250,000.00) Dollars made payable to the firm of Waters, McPherson, McNeill, P.C. Trust

Account.

BE IT FURTHER RESOLVED that this Resolution shall take effect immediately and

be in full force from and after its passage.

RES-2021-447 RESOLUTION AUTHORIZING THE PURCHASE OF MAINTENANCE RENEWAL FOR THE

FUSION ELECTRONIC HEALTH RECORDS SYSTEM IN USE BY THE MORRIS COUNTY

CORRECTIONAL FACILITY FROM SHI INTERNATIONAL CO., UNDER THE STATE

OF NEW JERSEY COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF

$127,428.17 (Department of Information Technology) (ID #8066)


1. The County of Morris wishes to purchase a maintenance renewal for the Fusion

Electronic Health Records System in use by the Morris County Correctional Facility from the

following authorized vendors under the State of New Jersey Cooperative Purchasing Program 1-

NJCP, in accordance with Local Public Contract Laws, N.J.S.A 40A:11-11 and N.J.S.A40A: 11-

12.


290 Davidson Avenue

Somerset NJ 08873

Term: 05/07/2021 - 05/06/2022

NJSC #: M0003 / A89851

Vendor #: 17726

Morris County Correctional Facility

Account: 01-201-25-280100-044

Amount: $127,428.17

RES-2021-448 RESOLUTION FOR THE EXECUTION OF AGREEMENT BETWEEN COUNTY OF MORRIS

& TOWN OF MORRISTOWN PROVIDING OWNERSHIP OF ROUNDABOUT

INTERSECTION OF MORRIS STREET & SPRING STREET/WILMOT STREET IN TOWN

OF MORRISTOWN, NEW JERSEY (Department of Public Works) (ID #8062)

RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE

COUNTY OF MORRIS AND THE TOWN OF MORRISTOWN PROVIDING

JURISDICTIONAL OWNERSHIP OF A ROUNDABOUT CONSTRUCTED AT THE

INTERSECTION OF MORRIS STREET (CR 510) AND SPRING STREET/WILMOT

STREET IN THE TOWN OF MORRISTOWN, COUNTY OF MORRIS


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WHEREAS, Morris Street (CR 510) is the responsibility of the County; Spring Street

and Wilmot Street are the responsibility of the Town of Morristown; and

WHEREAS, a traffic roundabout will be constructed at the intersection of Morris Street

(CR 510) and Spring Street and the existing traffic signal will be removed; and

WHEREAS, the County of Morris has requested that an Agreement be entered between

the County of Morris and the Town of Morristown, which would allocate the Jurisdiction

responsibilities for roadway maintenance and control in an equitable manner as required by

N.J.S.A. 27:7-1 et seq. between the County of Morris and the Town of Morristown with

reference to the roundabout; and

WHEREAS, the Jurisdictional Limit Map entitled, Jurisdiction Map Morris Street (CR

510) and Spring Street/Wilmot Street, Town of Morristown, dated November 23, 2020 has been

reviewed and approved by the County; and

WHEREAS, the Roadway Maintenance Map entitled, Snow and Ice Removal Map

Morris Street (CR 510) and Spring Street/Wilmot Street, Town of Morristown, dated November

23, 2020 has been reviewed and approved by the County; and

WHEREAS, the Town of Morristown has passed a municipal resolution R-64-202 on

March 23, 2021.

NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of

the County of Morris in the State of New Jersey are hereby authorized to execute Jurisdictional

Agreement.

BE IT FURTHER RESOLVED, upon adoption, the County Engineering Department

will send a certified copy to the Town of Morristown.

RES-2021-449 RESOLUTION AUTHORIZING THE EXECUTION OF A DEVELOPER'S AGREEMENT BY

AND BETWEEN THE COUNTY OF MORRIS AND M-STATION EAST URBAN RENEWAL

ASSOCIATES, LLC (County Counsel) (ID #8091)

WHEREAS, M-Station East Urban Renewal Associates, LLC (the “Developer”) is

constructing a project known as M-Station located at 74 Morris Street, Morristown, New Jersey,

more specifically and originally known as Block 4901, Lots 7-8, Block 3505, Lots 1-2, 10,

10.01, 11-14 and 15.01 (hereinafter "Development") and for consolidated lots which are now

designated as Block 2505, Lot 1.01 (East Lot) and Block 3505, Lot 1.02 (West Lot) collectively

known as the “Project”; and

WHEREAS, Developer applied for final County subdivision and site plan approval for

certain improvements to be constructed on the County right-of-way; and

WHEREAS, Developer received final subdivision and site plan approval from the

Morris County Planning Board (the “Board”) in connection with the Project located at the

northern corner of the Morris Street (CR510)/Spring Street Intersection; and


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WHEREAS, as part of the Project, Developer will reconfigure a portion of Morris Street,

which is a County road, specifically County Road #510 and will require County improvements to

be constructed pursuant to the Site Plan consisting of physical improvements along Morris Street

(Morris County Road #510) and within the County roadway and County right-of-way, including

the construction of a new roundabout at the intersection of Morris and Spring Streets; and

WHEREAS, site plan approval required the Developer to enter into a developer’s

agreement with the County of Morris in connection with the Project to ensure compliance with

the conditions of approval; and

WHEREAS, the parties have determined that entering into the Developer’s Agreement is

desirable to confirm the parties’ agreement with respect to the Developer’s construction of

improvements and operation of the Project; and

WHEREAS, Morris County Board of County Commissioners desire to enter into the

Developer’s Agreement with M-Station East Urban Renewal Associates, LLC.

NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners in

the County of Morris, in the State of New Jersey, as follows:

1. The Morris County Board of County Commissioners authorizes the execution of

a Developer’s Agreement between the County of Morris and the M-Station East Urban Renewal

Associates, LLC.

2. The Morris County Board of County Commissioner Director is hereby authorized

to execute the Developer’s Agreement after review by the County Administration and County

Counsel.

RES-2021-450 RESOLUTION AUTHORIZING A CONTRACT RENEWAL FOR LABOR RATES MASONRY

SERVICES FROM PANCIELLO CONSTRUCTIONS, LLC IN THE AMOUNT OF $101,600.00

(JUNE 1, 2021 THRU MAY 31, 2022) (Department of Public Works) (ID #8065) WHEREAS, the then Board of Chosen Freeholders of the County of Morris, by

Resolution No. 26 adopted May 22, 2019, awarded an as-needed contract to Panciello Constructions, LLC for Bid No. B19-93 Labor Rates for Masonry Services for Morris County Departments; and

WHEREAS, the County of Morris and Panciello Construction, LLC agree to extend the terms and conditions of the existing contract for an additional twelve (12) month term from June 1, 2021 through May 31, 2022 reflecting a Consumer Price Index (CPI) of 1.6% as of December 2020; and

WHEREAS, the availability of funds is certified by the Certifying Officer through the budgetary accounting encumbrance process as set forth in N.J.A.C. 5:30-5:3(c) and 5:30-5.4(b) and shall take place of the written certification of available funds; and



Panciello Construction, LLC 206 S Hillside Avenue


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Succasunna, NJ 07876

Vendor #13009

Using Agency: Morris County

Budget Line Item: 04-216-55-953490-951

Amount not to exceed: $101,600.00 Term: extended from June 1, 2021 through May 31, 2022




RES-2021-451 RESOLUTION AUTHORIZING THE PURCHASE OF A RENEWAL OF THE MAINTENANCE

CONTRACT FOR OUR KRONOS SOFTWARE, SERVICES AND EQUIPMENT SUPPORT, FOR

THE TERM OF THREE (3) YEARS WITH ANNUALIZED PAYMENTS, FROM SHI

INTERNATIONAL, UNDER THE STATE OF NEW JERSEY COOPERATIVE PURCHASING

PROGRAM IN THE AMOUNT OF $678,834.95. (Department of Information Technology)

(ID #8052)


1. The County of Morris wishes to purchase a renewal of the maintenance contract

for our Kronos software, services and equipment support, for the term of three (3) years with

annualized payments, from the following authorized vendors under the State of New Jersey

Cooperative Purchasing Program 1-NJCP, in accordance with Local Public Contract Laws,

N.J.S.A 40A:11-11 and N.J.S.A. 40A: 11-12.

SHI INTERNATIONAL

290 Davidson Ave

Somerset, NJ 08873

NJSC#: M0003 / A89851

Vendor #17726

Contract Term: June 2021 – June 2024


Account: 01-201-20-140100-078


Annual Payments:

2021: $226,247.94

2022: $226,247.94

2023: $226,339.07

RES-2021-452 RESOLUTION APPOINTING MARTHA E. WELLS TO THE HERITAGE COMMISSION

(Clerk of the Board) (ID #7987)

BE IT RESOLVED by the Board of County Commissioners of the County of Morris

and State of New Jersey that Martha E. Wells be and is hereby appointed to the HERITAGE


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COMMISSION to serve an unexpired five-year term, which will expire on December 31, 2023,

without salary.

RES-2021-453 RESOLUTION APPOINTING XIOMARA GUEVARA TO THE ADVISORY COMMITTEE ON

WOMEN (Clerk of the Board) (ID #8095)


the State of New Jersey that Xiomara Guevara be and is hereby appointed to the MORRIS

COUNTY ADVISORY COMMITTEE ON WOMEN to serve a one (1) year term to expire on

December 31, 2021, without salary.

RES-2021-454 RESOLUTION APPOINTING HEATHER DIAMOND TO THE MENTAL HEALTH ADVISORY

BOARD (Clerk of the Board) (ID #8096)


the State of New Jersey that Heather Diamond be and is hereby appointed to the MENTAL

HEALTH ADVISORY BOARD to serve a three (3) year term to expire on June 30, 2024,

without salary.

RES-2021-455 RESOLUTION AUTHORIZING APPOINTMENTS TO THE ADVISORY COUNCIL ON AGING,

DISABILITIES AND VETERANS (Clerk of the Board) (ID #8097)


the State of New Jersey that Christina Brino and Debra Eckert-Casha are hereby appointed to

the ADVISORY COUNCIL ON AGING, DISABILITIES AND VETERANS, without salary,

for a term to expire on December 31, 2021.

PAYMENT OF BILLS

BE IT HEREBY RESOLVED that the bills as shown on the “SCHEDULE OF WARRANTS”

all having been approved by the proper committees of officials where legally required, be and the

same are hereby authorized to be paid. The “SCHEDULE OF WARRANTS” designated as Bill

Resolution No. 10-21 totals $3,643,592.10 dated and made a part hereof by reference.

Commissioner DeFillippo made a motion, and Commissioner Selen seconded the motion, to

adopt the Bill Resolution.

The Clerk called the roll and recorded the vote:


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YES: Commissioners Cabana, DeFillippo, Krickus, Selen, Smith and Director Shaw

NO: None

ABSENT: Commissioner Mastrangelo

The Bill Resolution was adopted by a vote of 6-0.

COMMISSIONER COMMENTS

Deputy Director Smith wished everyone a safe and enjoyable Memorial Day weekend, noting

that a lot of restraints have been loosened. She hoped everyone will enjoy the weekend and that

the weather will improve, but also to remember it is Memorial Day and remember what we are

celebrating.

Commissioner Krickus wanted to make a few comments, the first being that we need to make

sure to follow up on the resident issue involving noise, stating that we are known to be very

responsive to our residents and hopes that we can resolve the issue for the residents. The second

comment was to say that over the past year Morris County has led the way in urging the

reopening. We were the first county last year to call for the reopening. Finally, he commented

on the Memorial Day ceremony that we had today and he appreciates all the effort that went into

it. He also noted that last year a couple of members of the administration, he and the sheriff

observed Memorial Day, noting that even with the constraints of the pandemic, we were not

going to let Memorial Day go by without it being observed in Morristown.

Commissioner Cabana stated that he had had a power surge that knocked him off temporarily

and wanted to make sure his vote on the resolution and bills was recorded. He voted yes to all

on the resolutions and yes to the bill resolution. The Clerk recorded his votes.

Commissioner Cabana also echoed the comments about today’s Memorial Day Service, where

we honored those that have made the ultimate sacrifice in preserving our liberty. Now more than

ever, we need to really look at that and appreciate it. He wished everyone a happy Memorial

Day weekend.

ADJOURNMENT

There was no further business. On motion by Commissioner Selen and seconded by

Commissioner Cabana, the Board unanimously agreed to adjourn the meeting at 7:50 p.m.

Respectfully Submitted,

Debra L. Lynch

Clerk of the Board

Board of County Commissioners - Regular Meeting - May 26 ...

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