MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 1

CALL TO ORDER

The January 18, 2012 Regular Meeting was called to order by Mayor Peter V.

Mancuso, 5:30 P.M., in the Municipal Building, 50 Woodland

Avenue, Morris Township, New Jersey.

* * * *

ATTENDANCE

ELECTED OFFICERS GOVERNING BODY Mayor Peter V. Mancuso Deputy Mayor Bruce D. Sisler Township Committee Member Daniel W. Caffrey Township Committee Member H. Scott Rosenbush Township Committee Member Jeffrey R. Grayzel

APPOINTED OFFICERS Timothy F. Quinn, Township Administrator John M. Mills, III, Township Attorney Cathleen Amelio, Township Clerk

* * *

PRESIDING OFFICER’S STATEMENT OF DISCUSSION ITEMS

Mayor Peter V. Mancuso announced that in accordance with the resolution adopted this date authorizing the conducting of this “Closed Meeting”, discussion would be limited to “Legal and Personnel Matters”.

Recessed to closed session at 5:31 p.m.

CALL TO ORDER

The January 18, 2012 Regular Meeting was called back to order by Mayor Peter V. Mancuso, 7:00 P.M., in the Municipal Building, 50 Woodland Avenue, Morris Township, New Jersey. * * * * MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 2

PLEDGE OF ALLEGIANCE

Was led by Mayor Peter V. Mancuso * * * *

PRESIDING OFFICER’S STATEMENT RE: ADEQUATE NOTICE - O.P.M.A. - (RECORD INSERT) Mayor Mancuso issued the following statement of adequate notice:

“Adequate Notice” of this meeting of the Township Committee of the Township of Morris, was given as required and defined by the Open Public Meetings Act, as follows:

Written Notice was given on January 13, 2012 to the official newspapers, Daily Record and Morris News Bee, and to the additional newspaper, Star Ledger, by mail at least 48 hours prior to the date of this meeting, and a copy of the Notice was posted on the Bulletin Board in the Municipal Building of the Township of Morris by the Township Clerk and a copy of the Notice was likewise filed in the Township Clerk’s Office and copies of this Notice were mailed by certified mail to all persons who have requested individual notice, pursuant to N.J.S.A. 10:4-19, all of which Notices were given at least 48 hours prior to the date of this meeting, and I hereby hand to the Township Clerk, a copy of the Notice which was given as above set forth for appropriate retention in the Municipal Files”. * * * * SPEAKER’S TIME LIMITATION

Mayor Mancuso announced that in order to give interested parties a fair chance to be heard, each speaker could comment for an unassignable period of five minutes before turning the microphone over to the next speaker, and that after each has had one turn, a person may be heard for an additional unassignable period of 5 minutes.

* * * *

APPROVAL OF MINUTES

At this time the Township Clerk presented for approval, the following minutes:

December 14, 2011 – Regular/Closed Meetings January 4, 2012 – Organization Meeting

On motion duly made, seconded and carried by the vote as hereinafter indicated, the reading of the above-specified minutes was waived, the minutes approved as circulated, and placed on file in the Office of the Township Clerk:

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENSUSH YES MR. GRAYZEL YES (NOTE: INELIGIBLE TO VOTE ON THE DECEMBER 14, 2011 MINUTES) MAYOR MANCUSO YES MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 3

PRESENTATION – MORRIS TOWNSHIP FIRE DEPARTMENT – SWEARING-IN FIREFIGHTER STEVEN CORNINE

Morris Township Fire Chief Scott Lovenberg thanked the Township Committee for their support and summarized Steven Cornine’s experiences as a volunteer Firefighter at Station 2 Fairchild Fire Company. Mrs. Cornine, mother of Steven, held the Bible as Mr. John M. Mills, III, Township Attorney swore Steven Cornine in as a Class 2 Firefighter for the Township of Morris. Deputy Mayor Bruce Sister and Committeeman Daniel Caffrey, member of the Fire Committee presented Firemen Steven Cornine with his badge. Officer Cornine thanked the Township Committee and is looking forward to working on the force; thanked his family and fellow firefighters for their support.

* * * *

ORDINANCES - INTRODUCTION

Each ordinance as hereinafter set forth was introduced, passed on first reading by the vote as hereinafter indicated, with a public hearing thereon scheduled for the February 15, 2012 meeting at 7:00 P.M.:

01-12 “AN ORDINANCE OF THE TOWNSHIP OF MORRIS, MORRIS COUNTY, NEW JERSEY, CONCERNING SALARIES FOR MEMBERS OF MORRIS COUNTY COUNCIL NO. 6, NJCSA, IFPTE, AFL-CIO”

BE IT ORDAINED by the Township Committee of the Township of Morris, in the County of Morris; and

State of New Jersey, they being the Governing Body of said Township, as follows:

1. Effective January 1, 2012 salaries for members of Morris County Council No. 6, NJCSA, IFPTE, AFL-CIO established in Ordinance No. 19-08 are hereby increased by the following percentage:

2012 January 1, 2012 to December 31, 2012 increase of 2.0% for the year 2013 January 1, 2013 to December 31, 2013 increase of 2.0% for the year 2014 January 1, 2014 to December 31, 2014 increase of 2.0% for the year.

2. The following salaries are effective January 1, 2012 and shall be retroactive to January 1, 2012. Any employee retiring prior to enactment of this ordinance will be entitled to retroactive compensation provision of this ordinance.

3. That the said salaries or compensation shall be in lieu of any and all fees.

4. Effective January 1, 2012 implementation of applicable legislation, Chapter 78, P.L. 2011, from the State of New Jersey all bargaining unit members shall contribute towards their health benefits as required by State statute.

5. No employee will be exempt from payment of such contribution based upon their coverage, health benefit plan selection, compensation and other statutorily required criteria, if any. MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 4

ORDINANCES – INTRODUCTION (CONTINUED)

01-12 “AN ORDINANCE OF THE TOWNSHIP OF MORRIS, MORRIS COUNTY, NEW JERSEY, CONCERNING SALARIES FOR MEMBERS OF MORRIS COUNTY COUNCIL NO. 6, NJCSA, IFPTE, AFL-CIO” (CONTINUED)

6. Employees receiving the enhanced dental plan coverage are required to pay the difference between the cost of the basic plan and the enhanced plan.

7. Any employee to who voluntarily resigns or is discharged from employment prior to the introduction date of this ordinance shall not be entitled to receive the salary adjustment set forth herein.

8. This Ordinance shall take effect upon final passage and publication thereof, as provided for by law.

MORRIS COUNCIL NO. 6, NJCSA, IFPTE, AFL-CIO, SALARY RANGE SCHEDULE 2012 Range 2013 Range 2014 Range TITLE 1/1/12 to 12/31/12 1/1/13 to 12/31/13 1/1/14 to 12/31/14 Increase of 2% Increase of 2% Increase of 2% ADMINISTRATIVE Accounts Payable Clerk $ 19,458 $ 43,482 $ 19,847 $44,351 $20,244 $ 45,238 Building Inspector $ 38,915 $ 62,949 $ 39,693 $64,208 $40,487 $ 65,492 CCO Inspector/Safety Coordinator $ 37,834 $ 54,554 $ 38,591 $55,645 $39,362 $ 56,758 Computer Technician $ 32,429 $ 62,696 $ 33,077 $63,950 $33,739 $ 65,229 Deputy Court Administrator $ 32,429 $ 41,839 $ 33,077 $42,676 $33,739 $ 43,530 Electrical Inspector (Hourly rate) $ 46.28 $ 47.20 $ 48.15 Payroll Clerk $ 19,458 $ 37,350 $ 19,847 $38,097 $20,244 $ 38,859 Plumbing Inspector (Hourly rate) $ 45.14 $ 46.04 $ 46.96 Project Manager $ 16,215 $ 21,128 $ 16,539 $21,551 $16,870 $ 21,982 Recreation Program Coordinator $ 32,429 $ 52,493 $ 33,077 $53,543 $33,739 $ 54,614 Safety Coordinator $ 1,081 $ 2,344 $ 1,103 $ 2,391 $ 1,125 $ 2,439 Secretary $ 21,620 $ 57,743 $ 22,052 $58,898 $22,493 $ 60,076 Secretary Board of Adjustment $ 8,648 $ 15,317 $ 8,821 $15,624 $ 8,997 $ 15,936 Secretary Planning Board $ 21,620 $ 30,634 $ 22,052 $31,246 $22,493 $ 31,871 Assistant Municipal Housing Liaison $ 1,081 $ 1,103 $ 1,125 Senior Clerk $ 19,458 $ 49,810 $ 19,847 $50,806 $20,244 $ 51,822 Senior Deputy Court Administrator $ 38,915 $ 51,799 $ 39,693 $52,835 $40,487 $ 53,891 Zoning Official $ 37,834 $ 65,105 $ 38,591 $66,407 $39,362 $ 67,735 Inspectors, Part-time $ 16.22 $ 46.28 $ 16.54 $ 47.20 $ 16.87 $ 48.15 Secretary, Part-time $ 10.81 $ 32.43 $ 11.03 $ 33.07 $ 11.25 $ 33.74 Clerical, Part-time $ 8.65 $ 19.46 $ 8.82 $ 19.85 $ 9.00 $ 20.25

SEWER UTILITY Accounts Payable Clerk $ 10,810 $ 18,635 $ 11,026 $19,008 $11,247 $ 19,388 Computer Technician $ 9,729 $ 15,627 $ 9,923 $15,940 $10,122 $ 16,259 Laboratory Manager $ 71,772 $73,208 $ 74,672 Payroll Clerk $ 10,810 $ 16,007 $ 11,026 $16,327 $11,247 $ 16,654 MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 5 Secretary $ 10,810 $ 18,714 $ 11,026 $19,088 $11,247 $ 19,470 Senior Clerk $ 9,729 $ 21,487 $ 9,923 $21,917 $10,122 $ 22,355 Clerk Typist $ 15,134 $ 47,323 $ 15,436 $48,269 $15,745 $ 49,235

ORDINANCES – INTRODUCTION (CONTINUED)

01-12 “AN ORDINANCE OF THE TOWNSHIP OF MORRIS, MORRIS COUNTY, NEW JERSEY, CONCERNING SALARIES FOR MEMBERS OF MORRIS COUNTY COUNCIL NO. 6, NJCSA, IFPTE, AFL-CIO” (CONTINUED)

MORRIS COUNCIL NO. 6, NJCSA, IFPTE, AFL-CIO, SALARY RANGE SCHEDULE 2012 Range 2013 Range 2014 Range TITLE 1/1/12 to 12/31/12 1/1/13 to 12/31/13 1/1/14 to 12/31/14 Increase of 2% Increase of 2% Increase of 2% PARKING ENTERPRIZE Parking Enforcement Officer (Hourly rate) $ 10.81 $ 21.62 $ 11.03 $ 22.06 $ 11.25 $ 22.50 Secretary $ 10,810 $ 16,215 $ 11,026 $16,539 $11,247 $ 16,870

ENVIRONMENTAL COMMISSION Secretary Environmental Commission $ 1,838 $ 2,553 $ 1,875 $ 2,604 $ 1,912 $ 2,656

OPEN SPACE COMMITTEE Secretary Open Space Committee $ 1,838 $ 2,553 $ 1,875 $ 2,604 $ 1,912 $ 2,656

SWIM POOL Senior Clerk $ 12,971 $ 29,186 $13,231 $29,770 $13,495 $ 30,365

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES * * * *

2-12 AMENDING CHAPTER 95, ZONING-OF THE CODE OF THE TOWNSHIP OF MORRIS RE: 95-54. C. OFF- STREET PARKING REQUIREMENTS FOR PARTICULAR USES (THIS ORDINANCE WAS REMANDED TO THE PLANNING BOARD OF THE TOWNSHIP OF MORRIS FOR REVIEW AND RECOMMENDATIONS)

IT IS HEREBY ORDAINED by the Township Committee of the Township of Morris, Morris County, State of New Jersey, as follows:

Section 1. Chapter 95 of the Code of the Township of Morris is hereby amended by revising §95-54. C. Off-street parking requirements for particular uses. to read as follows in its entirety:

§ 95-54.C Off-street parking requirements for particular uses.

C. Off-street parking requirements for particular uses.

Use Required Parking Spaces (GFA - gross floor area)

Automobile dealership 2.7 per 1,000 S.F. of GFA of customer sales, lounge and waiting areas, plus 1.0 per 250 S.F. of GFA of dealership business offices, plus 2 per service bay, plus 1 per 500 S.F.. of GFA for warehouse, parts and other indoor storage. MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 6 Outdoor vehicle display and vehicle inventory storage areas shall be accurately depicted and dimensioned on a site plan; when approved by the reviewing Board, said areas shall not be changed, expanded or relocated without re-approval by the Board.

ORDINANCES – (CONTINUED)

2-12 AMENDING CHAPTER 95, ZONING-OF THE CODE OF THE TOWNSHIP OF MORRIS RE: 95-54. C. OFF-STREET PARKING REQUIREMENTS FOR PARTICULAR USES (THIS ORDINANCES WAS REMANDED TO THE PLANNING BOARD OF THE TOWNSHIP OF MORRIS FOR REVIEW AND RECOMMENDATIONS) – (CONTINUED)

Use Required Parking Spaces (GFA - gross floor area)

Automotive service stations 5 for each bay plus 1 for each service vehicle, and 1 per 500 S.F. of non-bay GFA

Banks and savings institutions 4 per 1,000 S.F. of GFA

Bowling lanes 5 for each lane

Churches and other places of worship 1 per 3 seats or 1 per 72 inches of seating space when pews or benches rather than individual seats or chairs are used

College and institutions of higher learning 1 for each full-time or part-time day student

Community buildings, social and places of public 1 per 2 seats, except where a specific amount of assembly seating is undetermined, then 1 shall be required per 75 S.F. of assemblage-area

Country clubs 1 per 100 S.F. of GFA occupied by all principal or accessory structures except those used for parking or storage purposes; country clubs with golf courses shall also demonstrate to the satisfaction of the reviewing authority that the additional spaces are not necessary based on actual parking demand surveys. Driving range practice tees shall require 2 spaces per tee.

Farm market 5 spaces

Funeral homes, mortuaries 10 plus 1 per 50 S.F. of GFA

Industrial uses 1 per 300 S.F. of GFA

Laboratory and research 1 per 300 S.F. of GFA

Medical/dental offices and 5 per 1,000 S.F. of GFA

Motels, hotels, motor lodges 1.25 for each guest room, plus 1 per 2½ seats for restaurants, and for restaurants with a bar and/or liquor table service and other auxiliary areas for patrons (non-seating), 1 per 100 S.F. of GFA devoted to same; plus 1 per 100 S.F. of GFA for each meeting/banquet space. Accessory interior retail space of not more than 3,000 S.F. of GF A of interior space shall not require additional parking.

Museum 1.5 per 1,000 annual visitors

Nursing home 1 for each bed

Offices, business 4 per 1,000 S.F. of GFA

Offices, professional (other than medical and dental) 5 per 1,000 S.F. of GFA MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 7

ORDINANCES – (CONTINUED)

2-12 AMENDING CHAPTER 95, ZONING-OF THE CODE OF THE TOWNSHIP OF MORRIS RE: 95-54. C. OFF-STREET PARKING REQUIREMENTS FOR PARTICULAR USES (THIS ORDINANCES WAS REMANDED TO THE PLANNING BOARD OF THE TOWNSHIP OF MORRIS FOR REVIEW AND RECOMMENDATIONS) – (CONTINUED)

Use Required Parking Spaces (GFA - gross floor area)

Private recreation clubs, health clubs and recreation 5 per 1,000 S.F. of GFA facilities

Residential dwellings As required by NJ Residential Site Improvement Standards (RSIS)

Restaurants, eating and drinking establishments and 1 per 2½ seats, and for restaurants, etc. with a bar catering facilities and/or liquor table service and other auxiliary areas for patrons (non-seating), 1 per 100 S.F. of GFA devoted to same; 1 per 100 S.F. of GFA with fast food service at counter; plus 1 per 4 seats of outside food service at the discretion of the reviewing Board for any restaurant use

Retail stores, store groups, shops, etc. 5 per 1,000 S.F. of GFA

Theaters and cinemas 1 per 2.5 seats

Wholesale establishments, warehouses, furniture 1 per 500 S.F. of GFA stores. Section 2. All ordinances of the Township of Morris which are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.

Section 3. If any provision of this ordinance is declared to be invalid by a court of competent jurisdiction, this declaration shall not affect the remainder of the ordinance.

Section 4. This ordinance shall take effect upon final passage and publication as provided by law.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES

* * * * MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 8 RESOLUTIONS

In the next matter of business, the following resolutions were duly offered, seconded and adopted by the vote as indicated at the end of the text of the resolutions: 19-12 RE: AUTHORIZING THE CONDUCTING OF A "CLOSED MEETING" AS DEFINED IN THE OPEN PUBLIC MEETINGS ACT CONCERNING "LEGAL AND PERSONNEL MATTERS" WHEREAS, this meeting is a duly and properly called meeting of the Township Committee of the Township of Morris and adequate notice has been given as required by the "Open Public Meetings Act", and WHEREAS, it is now necessary that this Governing Body consider matters involving "Legal and Personnel Matters", exceptions in the "Open Public Meetings Act", and which this Governing Body determines should be discussed at a "Closed Meeting". NOW, THEREFORE, BE IT HEREBY RESOLVED by the Township Committee of the Township of Morris as follows: That this body shall conduct a "Closed Meeting" concerning the above-excepted matters, which are exceptions set forth in the said act, and upon which a public disclosure will be made as expeditiously as possible; said meeting to be held during a recess of this Regular Meeting at the Municipal Building, 50 Woodland Avenue.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES

* * * * 20 -12 AUTHORIZING AWARD OF A NONFAIR AND OPEN CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES CONTRACT FOR GENERAL CONSULTING AND ENGINEERING SERVICES, SEWER UTILITY – HATCH MOTT MAC DONALD – NOT TO EXCEED $60,000

WHEREAS, the Township of Morris has a need to acquire professional services of a professional engineering firm for purposes of providing guidance and general consultation with respect to general consulting and engineering services of the Sewer Utility as a nonfair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and

WHEREAS, engineering is a recognized profession, regulated by law requiring extensive and specialized training and as such is an exception to the bidding requirements set forth in N.J.S.A. 40A:12-5 et. seq.; and

WHEREAS, the Township Administrator has determined and certified in writing that the value of the acquisition will exceed $17,500; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Hatch Mott MacDonald has submitted a proposal dated December 22, 2010 indicating they will provide the professional services of a licensed engineer for $60,000; and MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 9 RESOLUTIONS (CONTINUED) 20 -12 AUTHORIZING AWARD OF A NONFAIR AND OPEN CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES CONTRACT FOR GENERAL CONSULTING AND ENGINEERING SERVICES, SEWER UTILITY – HATCH MOTT MAC DONALD – NOT TO EXCEED $60,000 WHEREAS, Hatch Mott MacDonald has completed and submitted a Business Entity Disclosure Certification which certifies that Hatch Mott MacDonald has not made any reportable contributions to a political or candidate committee in the Township of Morris in the previous one year, and that the contract will prohibit Hatch Mott MacDonald from making any reportable contributions through the term of the contract; and WHEREAS, the Chief Financial Officer of the Township of Morris has filed a Certificate of Availability of Funds indicating funds are available in Sewer Operating in the amount of $60,000. NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Township of Morris authorizes the Mayor and Township Clerk to enter into a contract with Hatch Mott MacDonald for the provision of professional engineering services with respect to general consulting and engineering services for the sewer utility for a fee not to exceed $60,000. BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and BE IT FURTHER RESOLVED that an official notice of this action shall be published in accordance with the law.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES * * * * 21-12 AUTHORIZING AWARD OF A NONFAIR AND OPEN PROFESSIONAL ENGINEERING SERVICES CONTRACT FOR THE INDUSTRIAL PRETREATMENT PROGRAM – HATCH MOTT MAC DONALD – NOT TO EXCEED $42,000 WHEREAS, the Township of Morris has a need to acquire professional services of a professional engineering firm for purposes of providing guidance and general consultation with respect to the Industrial Pretreatment Sewage Program as a nonfair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and WHEREAS, engineering is a recognized profession, regulated by law requiring extensive and specialized training and as such is an exception to the bidding requirements set forth in N.J.S.A. 40A:12-5 et. seq.; and, WHEREAS, the Township Administrator has determined and certified in writing that the value of the acquisition will exceed $17,500; and

WHEREAS, the anticipated term of this contract is one year; and

RESOLUTIONS (CONTINUED) MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 10

21-12 AUTHORIZING AWARD OF A NONFAIR AND OPEN PROFESSIONAL ENGINEERING SERVICES CONTRACT FOR THE INDUSTRIAL PRETREATMENT PROGRAM – HATCH MOTT MAC DONALD – NOT TO EXCEED $42,000 (CONTINUED)

WHEREAS, Hatch Mott MacDonald has submitted a proposal indicating they will provide the professional services of a licensed engineer for $42,000; and

WHEREAS, Hatch Mott MacDonald has completed and submitted a Business Entity Disclosure Certification which certifies that Hatch Mott MacDonald has not made any reportable contributions to a political or candidate committee in the Township of Morris in the previous one year, and that the contract will prohibit Hatch Mott MacDonald from making any reportable contributions through the term of the contract; and

WHEREAS, the Chief Financial Officer of the Township of Morris has filed a Certificate of Availability of Funds indicating funds are available in Sewer Operating in the amount of $42,000.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Township of Morris authorizes the Mayor and Township Clerk to enter into a contract with Hatch Mott MacDonald for the provision of professional engineering services with respect to the Industrial Pretreatment Program and Local Limits Review Report for a fee not to exceed $42,000. BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and BE IT FURTHER RESOLVED that an official notice of this action shall be published in accordance with the law.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES

* * * * 22-12 AUTHORIZING AWARD OF A NONFAIR AND OPEN CONTRACT FOR PROFESSIONAL BOND COUNSEL SERVICES TO JOHN L. KRAFT, ESQ., L.L.C., LOMURRO, DAVISON, EASTMAN & MUNOZ, P.A., MONMOUTH EXECUTIVE CENTER, 100 WILLOWBROOK ROAD, BLDG. 1, FREEHOLD, NJ 07728

WHEREAS, the Township of Morris has need to acquire professional bond counsel services as a nonfair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and

WHEREAS, the practice of law is a recognized profession, regulated by law requiring extensive and specialized training and as such is an exception to the bidding requirements set forth in N.J.S.A.40A:12-5, et. seq.; and

WHEREAS, the Township Administrator has determined and certified in writing that the value of the acquisition will exceed $17,500; and

WHEREAS, the anticipated term of this contract is one year; and MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 11 RESOLUTIONS (CONTINUED)

22-12 AUTHORIZING AWARD OF A NONFAIR AND OPEN CONTRACT FOR PROFESSIONAL BOND COUNSEL SERVICES TO JOHN L. KRAFT, ESQ., L.L.C., LOMURRO, DAVISON, EASTMAN & MUNOZ, P.A., MONMOUTH EXECUTIVE CENTER, 100 WILLOWBROOK ROAD, BLDG. 1, FREEHOLD, NJ 07728 (CONTINUED)

WHEREAS, the Chief Financial Officer of the Township of Morris has filed a Certificate of Availability of Funds indicating funds will be available upon adoption of the appropriate capital ordinance; and

WHEREAS, John L. Kraft, Esq., L.L.C. has completed and submitted a Business Entity Disclosure Certification which certifies that he has not made any reportable contributions to a political or candidate committee in the Township of Morris in the previous year, and that the contract will prohibit him from making any reportable contributions through the term of the contract; and

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Township Committee of the Township of Morris, being the Governing Body thereof, authorizes the Mayor and Township Clerk to enter into a contract with John L. Kraft, Esq., L.L.C. for the provision of professional bond counsel services.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution, and

BE IT FURTHER RESOLVED that an official notice of this action shall be published in accordance with the law.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES * * * *

23-12 AUTHORIZING AWARD OF CONTRACT FOR PROFESSIONAL ACCOUNTING SERVICES FOR THE TOWNSHIP OF MORRIS THROUGH A NONFAIR AND OPEN PROCESS - AWARDED TO RAYMOND G. SARINELLI AND DAVID H. EVANS, PARTNERS IN THE FIRM OF NISIVOCCIA & COMPANY, LLP, ACCOUNTANTS AND AUDITORS, 200 VALLEY ROAD, SUITE 300, MT. ARLINGTON, NJ 07856 – NOT TO EXCEED $68,210

WHEREAS, the Township of Morris has a need to acquire professional services of a registered municipal accountant as a nonfair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and

WHEREAS, municipal accounting is a recognized profession, regulated by law requiring extensive and specialized training and as such is an exception to the bidding requirements set forth in N.J.S.A. 40A:12-5 et. seq.; and

WHEREAS, the Township Administrator has determined and certified in writing that the value of the acquisition will exceed $17,500; and MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 12 RESOLUTIONS (CONTINUED)

23-12 AUTHORIZING AWARD OF CONTRACT FOR PROFESSIONAL ACCOUNTING SERVICES FOR THE TOWNSHIP OF MORRIS THROUGH A NONFAIR AND OPEN PROCESS - AWARDED TO RAYMOND G. SARINELLI AND DAVID H. EVANS, PARTNERS IN THE FIRM OF NISIVOCCIA & COMPANY, LLP, ACCOUNTANTS AND AUDITORS, 200 VALLEY ROAD, SUITE 300, MT. ARLINGTON, NJ 07856 – NOT TO EXCEED $68,210 (CONTINUED)

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Nisivoccia and Company, LLP has submitted a proposal dated December 9, 2011 indicating they will provide the professional services of a registered municipal accountant for $67,200; and

WHEREAS, Raymond G. Sarinelli and David H. Evans of the firm of Nisivoccia and Company, LLP have completed and submitted a Business Entity Disclosure Certification which certifies that Nisivoccia and Company, LLP has not made any reportable contributions to a political or candidate committee in the Township of Morris in the previous one year, and that the contract will prohibit Nisivoccia and Company, LLP from making any reportable contributions through the term of the contract; and

WHEREAS, the Chief Financial Officer of the Township of Morris has filed a Certificate of Availability of Funds indicating funds are available in Finance O.E., Tax Collection O.E., Sewer Operating, Swimming Pool, Parking Enterprise, and all Capital and Trust Accounts in the amount of $68,210.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Township of Morris authorizes the Mayor and Township Clerk to enter into a contract with Raymond G. Sarinelli and David H. Evans. and the firm of Nisivoccia and Company, LLP as municipal auditors to prepare the 2011 audit report for a fee not to exceed $68,210. Additional work shall be charged at the rates set forth in said Agreement and charged to the appropriate bond ordinance(s) or accounts.

BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and

BE IT FURTHER RESOLVED that an official notice of this action shall be published in accordance with the law.

ROLL CALL:

MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES

* * * * MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 13 RESOLUTIONS (CONTINUED)

24-12 AUTHORIZING TWO (2) YEAR INTERLOCAL SERVICES AGREEMENT BETWEEN TOWN OF MORRISTOWN AND TOWNSHIP OF MORRIS FOR ANIMAL CONTROL SERVICE – IN AN AMOUNT OF $37,332. PLUS $25.00/HOUR FOR AFTER-HOURS CALLS AT MINIMUM OF 3 HOURS LIMITED TO EMERGENCIES NTE: $38,000

WHEREAS, the Township of Morris has a need for animal control service. and

WHEREAS, pursuant to N.J.S.A. 40A:65-1 et seq., the Uniform Shared Services and Consolidation Act authorizes any local unit to enter into an agreement with any other local unit to provide or receive any service that each local unit participating in the Agreement is empowered to provide or receive in its own jurisdiction, including services incidental to the primary purposes of any of the participating local units; and

WHEREAS, Morris Township and Morristown desire to enter into a contract for the furnishing of animal control services for the period between January 1, 2012 and December 31, 2013; and

WHEREAS, The Town of Morristown submitted an agreement proposal dated December 19, 2011 and annexed hereto is an agreement to be entered into between Morris Township and Morristown for the provision of such animal control services ; and

WHEREAS, agreements with other municipal jurisdictions is presented under the LPCL and is exempt from bidding, and

WHEREAS, the Chief Financial Officer of the Township of Morris has filed a Certificate of Availability of Funds indicating funds are available in the animal trust account.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Township of Morris authorizes the Mayor and Township Clerk to enter into a two (2) year agreement with The Town of Morristown for animal control services for the period of January 1, 2012 ($37,332.) to December 31, 2013 ($38,078.64).

BE IT FURTHER RESOLVED that an official notice of this action shall be published in accordance with the law.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES

* * * * MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 14

RESOLUTIONS (CONTINUED)

25-12 APPOINTING NOEL E. SCHABLIK, ESQ., 35 WATERVIEW BOULEVARD PARSIPPANY, NJ AS HEARING OFFICER - $130/HOUR, NTE $5,000

WHEREAS, the Township of Morris has need for a hearing officer for purposes of administering and making factual findings relative to a certain pending personnel matter; and WHEREAS, NOEL E. SCHABLIK, an attorney at law for the State of New Jersey is experienced in these types of matters and possesses the necessary credentials. NOW, THEREFORE, BE IT HEREBY RESOLVED that the Township Committee of the Township of Morris, being the Governing Body of said Township, as follows:

1. The Township Committee does hereby appoint Noel E. Schablik, Esq., 35 Waterview Boulevard, Parsippany, NJ as Hearing Officer. 2. The compensation herein authorized shall be at the rate of $130 per hour, not to exceed a total of $5,000. 3. This award of contract is made without competitive bidding as a professional service (N.J.S.A. 40A:11-5).

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES * * * * 26-12 IN MEMORIAM –ALEX DeCROCE WHEREAS, our Heavenly Father has called unto His side, His servant Alex DeCroce; and WHEREAS, through his dedicated public service, foresight and zeal for the not only his community, but the State of New Jersey, he earned the affection and admiration of the people of the Township of Morris; and WHEREAS, Alex DeCroce, served as the highest-ranking Republican in the lower house of the , and was the Assembly minority leader who represented Morris County for 23 years, was the longest-serving member of the Assembly; and

WHEREAS, Alex, Born in Morristown, graduated from and attended Seton Hall University in South Orange, was a Morris County’s Freeholder from 1984 to 1989. He also served on the county’s elections and taxations boards, and was the chairman of the County College of Morris Board of Trustees.

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Morris, does, by this resolution and public record, recognize the profound influence of Assemblyman Alex DeCroce on the citizens of the State and our community, recognizing further MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 15 that his death is a distinct loss, and

RESOLUTIONS (CONTINUED)

26-12 IN MEMORIAM –ALEX DeCROCE (CONTINUED)

BE IT FURTHER RESOLVED that this resolution be spread in full upon the official record as a permanent expression of sympathy.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES

* * * *

27-12 IN MEMORIAM – CAROL MURPHY

WHEREAS, the Governing Body of the Township of Morris wishes to express its deep sorrow over the passing of Carol Murphy; and

WHEREAS, Carol, who served in the 26th Legislative District from 1993 to 2002, served the public at the local and county levels was invaluable when she took her seat in the General Assembly. Carol’s experience was a great asset in serving her constituents in the 26th District, her colleagues in the Republican caucus and the members of the Legislature; and

WHEREAS, Prior to serving in the Legislature, Murphy was a Morris County freeholder and Montville committeewoman. She left the Assembly when she was appointed as a commission to the Board of Public Utilities; and

WHEREAS, the Township of Morris is grateful for her many contributions to the State of New Jersey, the County of Morris, and our community; and

WHEREAS, Carol’s service was given with such devotion that she has earned the respect, admiration and friendship of all the citizens of the Township of Morris through her leadership and dedication.

NOW, THEREFORE BE IT HEREBY RESOLVED in recognition of Carol’s contributions to the citizens of Morris Township, the County of Morris and the State of New Jersey, we hereby express our deep appreciation to her service and extend to her family our sincere sympathy upon her passing.

BE IT FURTHER RESOLVED that this resolution be spread in full upon the official record as a permanent expression of sympathy.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 16 MAYOR MANCUSO YES

RESOLUTIONS (CONTINUED)

28-12 AUTHORIZING AWARD OF PROFESSIONAL SERVICES CONTRACT TO ALBERT I. TELSEY, ESQUIRE OR MEYNER AND LANDIS, LLP, ONE GATEWAY CENTER, SUITE 2500, NEWARK, NJ FOR 207 SPEEDWELL AVENUE - TOTAL NTE $5,000.

WHEREAS, the Township of Morris has need for the professional services in reference to a plan of action in developing and implementing the appropriate plan of action for property located at 207 Speedwell Avenue, and:

WHEREAS, the practice of law is a recognized profession, regulated by law requiring extensive and specialized training and as such is an exception to the bidding requirements set forth in N.J.S.A. 40A:11-5 et. seq., and

WHEREAS, professional services may be awarded without public advertising for bids therefore, and

WHEREAS, the Chief Financial Officer of the Township of Morris has filed a Certificate of Availability of Funds indicating funds are available in Legal O. E.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Township Committee of the Township of Morris, being the Governing Body thereof, as follows:

1. A contract for additional legal services for the year 2012 is hereby awarded to Albert I. Telsey, Esquire for special legal counsel in the total contract amount not to exceed $5,000.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES

* * * * 29-12 AUTHORIZING AWARD OF A NONFAIR AND OPEN CONTRACT FOR GENERAL COUNSEL JOHN M. MILLS, III, ESQ. - $130/HR. – NTE $90,000

RESOLUTION NO WHEREAS, the Township of Morris has a need to acquire professional services of a general counsel as a nonfair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and

WHEREAS, the practice of law is a recognized profession, regulated by law requiring extensive and specialized training and as such is an exception to the bidding requirements set forth in N.J.S.A. 40A:12-5 et. seq.; and

WHEREAS, the Township Administrator has determined and certified in writing that the value of the acquisition will exceed $17,500; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, John M. Mills, III, Esq. has submitted a proposal indicating he will provide the professional services of general counsel for $130.00 per hour; and MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 17

RESOLUTIONS (CONTINUED)

29-12 AUTHORIZING AWARD OF A NONFAIR AND OPEN CONTRACT FOR GENERAL COUNSEL JOHN M. MILLS, III, ESQ. - $130/HR. – NTE $90,000 (CONTINUED)

WHEREAS, John M. Mills, III, Esq. has completed and submitted a Business Entity Disclosure Certification which certifies that John M. Mills, III, Esq. has not made any reportable contributions to a political or candidate committee in the Township of Morris in the previous one year, and that the contract will prohibit John M. Mills, III, Esq. from making any reportable contributions through the term of the contract; and

WHEREAS, the Chief Financial Officer of the Township of Morris has filed a Certificate of Availability of Funds indicating funds are available as follows: Legal O.E. - $85,000.00; Sewer O.E. - $ 5,000.00.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Township of Morris authorizes the Mayor and Township Clerk to enter into a contract with John M. Mills, III, Esq. as general counsel for a total not to exceed $90,000, and

BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution, and

BE IT FURTHER RESOLVED that an official notice of this action shall be published in accordance with the law.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES * * * * 30 -12 AUTHORIZING AWARD OF A NONFAIR AND OPEN CONTRACT FOR LEGAL COUNSEL - PUBLIC DEFENDER - TIMOTHY BRUNNOCK, ESQ. , 65 MADISON AVENUE, SUITE 400, MORRISTOWN, NJ 07960 - $130/HR. - NOT TO EXCEED $22,500.

WHEREAS, the Township of Morris has a need to acquire professional services of legal counsel to act as the public defender as a nonfair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and

WHEREAS, the practice of law is a recognized profession, regulated by law requiring extensive and specialized training and as such is an exception to the bidding requirements set forth in N.J.S.A. 40A:12-5 et. seq.; and

WHEREAS, the Township Administrator has determined and certified in writing that the value of the acquisition will exceed $17,500; and

WHEREAS, the anticipated term of this contract is one year; and MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 18

WHEREAS, Timothy Brunnock, of the firm Brunnock & Fleming, PC has agreed to provide the professional services of public defender for $130 per hour, not to exceed $22,500.; and RESOLUTIONS (CONTINUED)

30 -12 AUTHORIZING AWARD OF A NONFAIR AND OPEN CONTRACT FOR LEGAL COUNSEL - PUBLIC DEFENDER - TIMOTHY BRUNNOCK, ESQ. , 65 MADISON AVENUE, SUITE 400, MORRISTOWN, NJ 07960 - $130/HR. - NOT TO EXCEED $22,500 (CONTINUED)

WHEREAS, Timothy Brunnock, Brunnock & Fleming, PC, has completed and submitted a Business Entity Disclosure Certification which certifies that they have not made any reportable contributions to a political or candidate committee in the Township of Morris in the previous one year, and that the contract will prohibit them from making any reportable contributions through the term of the contract; and

WHEREAS, the Chief Financial Officer of the Township of Morris has filed a Certificate of Availability of Funds indicating funds are available in Legal O.E.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Township of Morris authorizes the Mayor and Township Clerk to enter into a contract with Timothy Brunnock, Esq. of the firm of Brunnock & Fleming, PC for a total not to exceed $22,500; and

BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and

BE IT FURTHER RESOLVED that an official notice of this action shall be published in accordance with the law.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES * * * * 31-12 AUTHORIZING AWARD OF A NONFAIR AND OPEN CONTRACT FOR LEGAL SERVICES/SPECIAL LABOR COUNSEL – TO THE FIRM OF KNAPP, TRIMBOLI, & PRUSINOWSKI, LLC, 210 PARK AVENUE, SUITE 302, FLORHAM PARK. NJ 07932. - $130./HR. – NTE $25,000

WHEREAS, the Township of Morris has a need to acquire professional services of a labor counsel as a nonfair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and

WHEREAS, the practice of law is a recognized profession, regulated by law requiring extensive and specialized training and as such is an exception to the bidding requirements set forth in N.J.S.A. 40A:12-5 et. seq.; and

WHEREAS, the Township Administrator has determined and certified in writing that the value of the acquisition will exceed $17,500; and

WHEREAS, the anticipated term of this contract is one year; and MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 19 WHEREAS, the firm Knapp, Trimboli & Prusinowski, LLC has submitted a proposal indicating he will provide the professional services of labor counsel for $130 per hour, not to exceed $25,000; and

RESOLUTIONS (CONTINUED)

31-12 AUTHORIZING AWARD OF A NONFAIR AND OPEN CONTRACT FOR LEGAL SERVICES/SPECIAL LABOR COUNSEL – TO THE FIRM OF KNAPP, TRIMBOLI, & PRUSINOWSKI, LLC, 210 PARK AVENUE, SUITE 302, FLORHAM PARK. NJ 07932. - $130./HR. – NTE $25,000 (CONTINUED)

WHEREAS, the firm of Knapp, Trimboli & Prusinowski, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that they have not made any reportable contributions to a political or candidate committee in the Township of Morris in the previous one year, and that the contract will prohibit them from making any reportable contributions through the term of the contract; and

WHEREAS, the Chief Financial Officer of the Township of Morris has filed a Certificate of Availability of Funds indicating funds are available in Legal O.E.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Township of Morris authorizes the Mayor and Township Clerk to enter into a contract with the firm of Knapp,Trimboli & Prusinowski,, L.L.C, 210 Park Avenue, Suite 302, Florham Park. NJ 07932 for a total not to exceed $25,000; and

BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and

BE IT FURTHER RESOLVED that an official notice of this action shall be published in accordance with the law.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES * * * * 32-12 AUTHORIZING AWARD OF A NONFAIR AND OPEN CONTRACT FOR SPECIAL COUNSEL AND FOR GENERAL LEGAL SERVICES TO JOHN M. IACIOFANO, ESQ., IACIOFANO & PERRONE, ESQS., 157 WASHINGTON STREET, MORRISTOWN, N.J. 07960 IN THE AMOUNT OF $130./HR. - NTE $10,000

WHEREAS, the Township of Morris has need to acquire professional services (Special Counsel) for the Morris Township Police Department and general legal services as a nonfair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5, and

WHEREAS, the practices of law is a recognized profession, regulated by law requiring extensive and specialized training and as such is an exception to the bidding requirements set forth in N.J.S.A. 40A:12-5, et. seq., and

WHEREAS, the anticipated term of this contract is one year, and MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 20

WHEREAS, the Chief Financial Officer of the Township of Morris has filed a Certificate of Availability of Funds indicating funds are available in Legal O.E.

RESOLUTIONS (CONTINUED) 32-12 AUTHORIZING AWARD OF A NONFAIR AND OPEN CONTRACT FOR SPECIAL COUNSEL AND FOR GENERAL LEGAL SERVICES TO JOHN M. IACIOFANO, ESQ., IACIOFANO & PERRONE, ESQS., 157 WASHINGTON STREET, MORRISTOWN, N.J. 07960 IN THE AMOUNT OF $130./HR. - NTE $10,000 (CONTINUED) NOW, THEREFORE, BE IT HEREBY RESOLVED by the Township Committee of the Township of Morris, being the Governing Body thereof, authorizes the Mayor and Township Clerk to enter into a contract with John M. Iaciofano, Esq.of Iaciofano, Fiamingo & Perrone, Esqs., 157 Washington Street, Morristown, NJ 07960 in the amount of $130.00 per hour, not to exceed $10,000.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES * * * * 33-12 AUTHORIZING AWARD OF A NONFAIR AND OPEN CONTRACT FOR LEGAL SERVICES IN THE POSITION OF MUNICIPAL PROSECUTOR TO CARL A. PERRONE, ESQ., 157 WASHINGTON STREET, MORRISTOWN, NEW JERSEY 07960 IN THE AMOUNT NOT TO EXCEED $45,000.00

WHEREAS, the Township of Morris has need to acquire professional services for Municipal Prosecutor for the Township of Morris and the Morris Township Municipal Court as a nonfair and open contract pursuant to the provision of N.J.S.A. 19:44A-20.5, and

WHEREAS, the practice of law is a recognized profession, regulated by law requiring intensive and specialized training and, as such, is an exception to the bidding requirements set forth in N.J.S.A. 40A:12- 5, et seq., and

WHEREAS, the Township Administrator has determined and certified in writing that the value of the acquisition will exceed $17,500, and

WHEREAS, the anticipated term of this contract is one year, and

WHEREAS, Carl A. Perrone, Esq. has completed and submitted a Business Entity Disclosure Certification which certifies that Carl A. Perrone, Esq. has not made any reportable contributions to a political or candidate committee in the Township of Morris in the previous one year, and that the contract will prohibit Carl A. Perrone, Esq. from making any reportable contributions through the term of the contract; and

WHEREAS, the Chief Financial Officer of the Township of Morris has filed a Certificate of Availability of Funds indicating funds are available in Municipal Prosecutor Other Expenses.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Township Committee of the Township of Morris, being the Governing Body thereof, that the Mayor and Township Clerk are authorized to enter into a contract with Carl A. Perrone, Esq., 157 Washington Street, Morristown, New Jersey, 07960, for the above described services in the amount not to exceed $45.000.00 per year. MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 21 BE IT FURTHER RESOLVED, that on those occasions when the regularly appointed Municipal Prosecutor is unable to appear, he may otherwise exercise his discretion to designate any other properly

RESOLUTIONS (CONTINUED) 33-12 AUTHORIZING AWARD OF A NONFAIR AND OPEN CONTRACT FOR LEGAL SERVICES IN THE POSITION OF MUNICIPAL PROSECUTOR TO CARL A. PERRONE, ESQ., 157 WASHINGTON STREET, MORRISTOWN, NEW JERSEY 07960 IN THE AMOUNT NOT TO EXCEED $45,000.00 (CONTINUED) appointed regular Municipal Prosecutor in any municipality in Morris County to appear in his placeinstead, subject to the approval of the Township Administrator.

BE IT FURTHER RESOLVED, that in the event it becomes necessary for any substitute to perform the services of the Municipal Prosecutor, it shall be the responsibility of the Municipal Prosecutor to pay for the services of any substitute from the funds allocated to the Municipal Prosecutor for his services.

BE IT FURTHER RESOLVED, that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution.

BE IT FURTHER RESOLVED, that an official notice of this action shall be published in accordance with the law.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES * * * * 34-12 AUTHORIZING AWARD OF A NONFAIR AND OPEN CONTRACT FOR LEGAL COUNSEL FOR TAX APPEALS TO NOWELL AMOROSO KLEIN BIERMAN, P.A., 155 POLIFLY ROAD, HACKENSACK, NJ 07601., NTE $40,000 WHEREAS, the Township of Morris has the need for professional services of special legal counsel as it relates to the defense of tax appeals, as a nonfair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and

WHEREAS, the practice of law is a recognized profession, regulated by law requiring extensive and specialized training and as such is an exception to the bidding requirements set forth in N.J.S.A. 40A:11-5 et.seq.; and

WHEREAS, the Township Administrator has determined and certified in writing that the value of the acquisition will exceed $17,500; and

WHEREAS, the anticipated term of this contract is until the tax appeals are completed or it is extended as approved by the Township Committee;

WHEREAS, Nowell Amoroso Klein Bierman, P.A. has completed and submitted a Business Entity Disclosure Certification which certifies that they have not made any reportable contributions to a political or candidate committee in the Township of Morris in the previous one year, and that the contract will prohibit them from making any reportable contributions through the term of the contract; and

WHEREAS, the Chief Financial Officer of the Township of Morris has filed a Certificate of Availability of Funds indicating funds are available in Legal O.E. MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 22 NOW, THEREFORE, BE IT RESOLVED that the Governing Body of Township of Morris authorizes the Mayor and Township Clerk to enter into a contract with Nowell Amoroso Klein Bierman, P.A. for a total not to exceed $40,000.

RESOLUTIONS (CONTINUED)

34-12 AUTHORIZING AWARD OF A NONFAIR AND OPEN CONTRACT FOR LEGAL COUNSEL FOR TAX APPEALS TO NOWELL AMOROSO KLEIN BIERMAN, P.A., 155 POLIFLY ROAD, HACKENSACK, NJ 07601., NTE $40,000 (CONTINUED)

BE IT FURTHER RESOLVED that an official notice of this action shall be published in accordance with the law.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES

* * * * 35-12 AUTHORIZING AWARD OF A NONFAIR AND OPEN PROFESSIONAL SERVICES AGREEMENT WITH COFFEY AND ASSOCIATES, COUNSELLORS AT LAW, 465 SOUTH STREET, MORRISTOWN, NJ 07960 FOR SPECIAL LEGAL COUNSEL RELATIVE TO THE COMBE SOUTH LANDFILLS LITIGATION IN AN AMOUNT NTE $10,000

WHEREAS, the Township of Morris has a need to acquire professional services for special legal counsel as a nonfair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and WHEREAS, the practice of law is a recognized profession, regulated by law requiring extensive and specialized training and as such is an exception to the bidding requirements set forth in N.J.S.A. 40A:11-5 et. seq.; and

WHEREAS, the anticipated term of this contract is more than one year, or until the job is completed; and

WHEREAS, Coffey and Associates has indicated they will provide the professional services of special legal counsel for $140 per hour; and

WHEREAS, the Chief Financial Officer of the Township of Morris has filed a Certificate of Availability of Funds indicating funds are in Legal O.E., line appropriation 2-01-20-155-329.

NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Township of Morris authorizes the Mayor and Township Clerk to enter into a contract with Coffey and Associates as special legal counsel relative to the Combe South Landfill litigation for a total not to exceed $10,000.

BE IT FURTHER RESOLVED that an official notice of this action shall be published in accordance with the law.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES

* * * * MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 23 RESOLUTIONS (CONTINUED)

36-12 RE: CHANGES TO AN EXISTING DEFERRED COMPENSATION PLAN PURSUANT TO THE FINAL INTERNAL REVENUE CODE SECTION 415 REGULATIONS, PENSION PROTECTION ACT OF 2006, THE HEROES EARNINGS ASSISTANCE AND RELIEF TAX ACT OF 2008 AND THE WORKER, RETIREE AND EMPLOYER RECOVERY ACT OF 2008

WHEREAS, the Township of Morris (hereinafter referred to as the "Employer") by resolution Adopted a Deferred Compensation Plan (hereinafter referred to as the "Plan-) effective January 1, 2012 for the purpose of making available to eligible employees the accrual of tax benefits under a Section 457 Deferred Compensation Plan; and

WHEREAS, the Employer by resolution retained The Variable Annuity Life Insurance Company ("VALIC") as the contractor under the Deferred Compensation Plan and executed a Service Agreement with said contractor; and

WHEREAS, the final Internal Revenue Code ("Code") Section 415 regulations, Pension Protection Act of 2006 ("PPA"), the Heroes Earnings Assistance and Relief Tax Act of 2008 (the "HEART Act") and the Worker, Retiree and Employer Recovery Act of 2008 ("WRERA") amended Section 457 of the Code; and

WHEREAS, State and local governmental Section 457(6) plan sponsors must amend their plans to comply with the PPA legislative changes by the last day of the 2011 plan year;

WHEREAS, the Employer desires its Plan to conform with the changes in the Code; and

WHEREAS, the Employer desires to adopt an amended and restated Plan that conforms with the changes in the Code; and

WHEREAS, such amended and restated Plan shall supersede the previously adopted Plan;

NOW, THEREFORE, BE IT RESOLVED that the Employer does hereby adopt the amended and restated Plan prepared by VALIC and assigned Plan Document identifier 81-PD-VALIC-103111 by the Director of the Division of Local Governmental Services.

BE IT FURTHER RESOLVED that a certified copy of this resolution shall be forwarded to the Director of the Division of Local Government Services.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES

* * * *

37-12 AUTHORIZING RETURN OF MONIES REMAINING IN CLIENTS’ ESCROW ACCOUNTS

WHEREAS, the following escrow accounts have completed the Planning Board/Board of Adjustment application process, and

WHEREAS, the Township Engineer has certified these escrow accounts may now be released, and

NOW THEREFORE BE IT RESOLVED, by the Mayor and Township Committee that the following escrow account(s) be closed and the balance of all monies returned to the applicant(s). MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 24 RESOLUTIONS – (CONTINUED)

37-12 AUTHORIZING RETURN OF MONIES REMAINING IN CLIENTS’ ESCROW ACCOUNTS (CONTINUED)

Name Balance Escrow Account # Anne M. Riker-Jolly $ 2,000.00 E-12-56-808-842 Richard & Diane Silvestri $ 574.41 E-12-56-808-819

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES * * * * 38-12 AUTHORIZING AN AGREEMENT BETWEEN ADVENT INSURANCE SERVICES, INC. AND THE TOWNSHIP OF MORRIS FOR PROFESSIONAL RISK MANAGEMENT CONSULTING SERVICES AS REQUIRED IN THE BYLAWS OF THE GARDEN STATE MUNICIPAL JOINT INSURANCE FUND AUTHORIZING TIMOTHY F. QUINN, TOWNSHIP ADMINISTRATOR AND FUND COMMISSIONER

WHEREAS, the Township of Morris has a need to identify its insurable property and casualty exposures and to recommend professional methods to reduce, assume or transfer the risk or losses; and

WHEREAS, pursuant to P.L. 1993, Chapter 269 (N.J.S.A. 40A:10-36) Advent Insurances, Inc. has offered to the municipality professional risk management consulting services; and

WHEREAS, Advent Insurance Services and the Township of Morris desire to enter into an agreement for the furnishing of consultant services for the period between January 1, 2012 and December 31, 2012; and

WHEREAS, Advent Insurance Services, Inc. submitted an agreement proposal dated January 1, 2012 annexed hereto to be entered into between Advent Insurances Services, Inc. and the Township of Morris for the provision of such consulting services.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Township of Morris authorizes Timothy F. Quinn, Township Administrator and Fund Commissioner to enter into an agreement with Advent Insurance Services, Inc. for professional risk management consulting services for the period of January 1, 2011 to January 31, 2011 per executed agreement affixed hereto.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES

* * * * MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 25

RESOLUTIONS (CONTINUED) 39-12 - RESOLUTION OF APPRECIATION – LINDA MURPHY WHEREAS, the Mayor and Township Committee of the Township of Morris is honored to recognize, and celebrate the valuable contributions of Linda Murphy as a volunteer; and WHEREAS, Linda serves as a volunteer as a Alternate to the Township Planning Board, the Senior Editor of the Municipal Messenger since 2004, and the fantastic job and the long hours she volunteer on the Township E-Messenger; and WHEREAS, Ms. Murphy has earned the respect and admiration of the residents of Morris Township as a volunteer and her enormous capacity for hard work; and WHEREAS, a few individuals stand out for their caring, their contributions and their vision, which make the Township of Morris a fine place to live; and WHEREAS, the Township of Morris desires to publicly recognize and show its appreciation to Linda for the great impact she is making on our community. NOW, THEREFOR BE IT HEREBY RESOLVED, that the Mayor and Township Committee on behalf of the residents of the Township of Morris, thank Linda for her community spirit, expertise, dedication and commitment to the of Morris Township.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES * * * * 40-12 AUTHORIZING THE RELEASE OF A CASH PERFORMANCE BOND AND PARTIALLY REFUNDABLE ENGINEERING FEES TO MR. VOLPECELLO (HOFMASTER SUBDIVISION), 177 SUSSX AVENUE, BLOCK 501, LOT 11. ACCOUNT #50107 IN THE AMOUNT OF $6,852.72 PLUS INTEREST AND ACCOUNT #5016 PARTIALLY REFUNDABLE ENGINEERING FEE IN THE AMOUNT OF $1,064.96 PLUS INTEREST

WHEREAS, per memo dated December 219, 2010 from James R. Slate, Township Engineer indicating that the site work for Block 501, Lot 11 has been completed for the Hofmaster subdivision; and

WHEREAS, the cash performance bond associated with the completed site work is now releasable; and

NOW THEREFORE BE IT RESOLVED, that the Mayor and Township Committee authorize the release of the following:

1. Account #50107 (10%) cash performance bond in the amount of $6,852.72 plus accumulated interest to Mr. Volpecello.

2. Account #50106 partially refundable engineering fee in the amount of $1,064.96 plus interest to Mr. Volpecello. MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 26

RESOLUTIONS – (CONTINUED)

40-12 AUTHORIZING THE RELEASE OF A CASH PERFORMANCE BOND AND PARTIALLY REFUNDABLE ENGINEERING FEES TO MR. VOLPECELLO (HOFMASTER SUBDIVISION), 177 SUSSX AVENUE, BLOCK 501, LOT 11. ACCOUNT #50107 IN THE AMOUNT OF $6,852.72 PLUS INTEREST AND ACCOUNT #5016 PARTIALLY REFUNDABLE ENGINEERING FEE IN THE AMOUNT OF $1,064.96 PLUS INTEREST (CONTINUED)

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES

* * * *

41-12 RESOLUTION RELEASING PERFORMANCE BOND #105464198 TO UNDERGROUND UTILITIES CORP. - OTE: 2010-14 GASTON ROAD FORCE MAIN AND PUMP STATION REPLACEMENT PROJECT AND THE ACCEPTANCE OF ONE (1) YEAR MAINTENANCE BOND #105464198M IN THE AMOUNT OF $305,752.72

WHEREAS, the contract and punch list items for bid OTE: 2010-14 Gaston Road Force Main and Pump Station Replacement Project has been completed and upon recommendation from James R. Slate, Township Engineer memo dated January 10, 2012 to return Performance Bond #07-2823, and

WHEREAS, the one year Maintenance Bond #105464198M has been accepted in the amount of $305,752.72 to Underground Utilities Corporation, 711 Commerce Road, Linden, NJ 07036.

NOW, THEREFORE, BE IT RESOLVED that Performance Bond #105464198 is returned and Maintenance Bond ##105464198M is hereby accepted.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES

* * * * 42-12 AUTHORIZING CHANGE ORDER NO. 1 TO TILCON NEW YORK INC. FOR INCREASE IN CONTRACT AWARD BY RESOLUTION NO. 200-11 AWARDED ON NOVEMBER 9, 2011 IN THE AMOUNT OF $60,000 FOR THE PAVING OF THE WOODLAND SEWER PLANT PARKING LOT THROUGH THE MORRIS COUNTY COOPERATIVE PRICING COUNCIL CONTRACT NO. 6 INCREASE IN CONTRACT IN THE AMOUNT OF $3,376.92; TOTAL NOT TO EXCEED $63,376.92

WHEREAS, a contract was awarded by the Township Committee at a meeting held on November 9, 2011 to Tilcon New York Inc. for Contract No. 6 for the paving of the Woodland Sewer Plant parking lot in the amount of $60,000; and

WHEREAS, it has been determined that additional tonnage was needed, and

WHEREAS, Change Order No. 1 increases the amount of the contract by $3,376.92 and

WHEREAS, the Chief Financial Officer has certified that funds are available in Sewer Other Expenses, Line No. 314. MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 27

RESOLUTION (CONTINUED) 42-12 AUTHORIZING CHANGE ORDER NO. 1 TO TILCON NEW YORK INC. FOR INCREASE IN CONTRACT AWARD BY RESOLUTION NO. 200-11 AWARDED ON NOVEMBER 9, 2011 IN THE AMOUNT OF $60,000 FOR THE PAVING OF THE WOODLAND SEWER PLANT PARKING LOT THROUGH THE MORRIS COUNTY COOPERATIVE PRICING COUNCIL CONTRACT NO. 6 INCREASE IN CONTRACT IN THE AMOUNT OF $3,376.92; TOTAL NOT TO EXCEED $63,376.92 (CONTINUED) NOW, THERFORE BE IT HEREBY RESOLVED that the Township Committee of the Township of Morris hereby authorizes Change Order No. 1 to this contract in the amount of $3,376.92, for a total not to exceed $63,376.92.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES

* * * * 43-12 AUTHORIZING CHANGE ORDER NO. 1 and 2 TO UNDERGROUND UTILITIES CORPORATION FOR CONTRACT NO. OTE: 2010-14 – GASTON ROAD PUMP STATION FORCE MAIN AND PUMP REPLACEMENT PROJECT, AWARDED OCTOBER 20, 2010 – OVERALL DECREASE IN CONTRACT; TOTAL NOT TO EXCEED $305,752.72

WHEREAS, a contract was awarded by the Township Committee at a meeting held on October 20, 2010 to Underground Utilities Corporation for Contract OTE: 2010-14 Gaston Road Pump Station Force Main and Pump Replacement Project, in the amount of $343,312.71; and

WHEREAS, it has been determined that certain changes and modifications are needed, and

WHEREAS, the Township Engineering Department has provided documentation indicating the need for this change order, as outlined in a memo by the Township Engineer dated January 9, 2012, which shall be made a part of this resolution, and

WHEREAS, Change Order No. 1 increases the amount of the contract by $10,369.58 which is 3% over the original contract award as indicated below:

Change Order No. 1 - Additional Contract Items:

Repair of broken sewer lateral and replacement of floats and level sensor

Total amount of contract increase is $10,369.58

WHEREAS, Change Order No. 2 decreases the amount of the contract by ($47,929.57) due to the adjustment for unused items, materials, and allowances, and

WHEREAS, the Chief Financial Officer has certified that funds are available in Sewer Capital Line No. S- 06-55-915-002. MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 28 NOW, THERFORE BE IT HEREBY RESOLVED that the Township Committee of the Township of Morris hereby authorizes Change Order No. 1 and 2 to this contract in the amount of ($37,559.99) for a total not to exceed $305,752.72. RESOLUTION (CONTINUED) 43-12 AUTHORIZING CHANGE ORDER NO. 1 and 2 TO UNDERGROUND UTILITIES CORPORATION FOR CONTRACT NO. OTE: 2010-14 – GASTON ROAD PUMP STATION FORCE MAIN AND PUMP REPLACEMENT PROJECT, AWARDED OCTOBER 20, 2010 – OVERALL DECREASE IN CONTRACT; TOTAL NOT TO EXCEED $305,752.72 (CONTINUED)

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES

* * * * 44-12 AMENDMENT TEMPORARY BUDGET RESOLUTION #11-12 WHEREAS an emergency condition has arisen with respect to emergency temporary appropriations needed in various line items and not adequate provisions has been made in the Calendar Year 2012 Sewer Temporary Budget for the aforesaid purposes and N.J.S.A 40A:4-20 provides for the creation of an emergency temporary appropriation for the purpose above mentioned; and NOW THEREFORE BE IT RESOLVED, by the Governing Body of the Township of Morris, that in accordance with N.J.S.A 40A:4-20 an emergency appropriation be and the same is hereby made for: SEWER BUDGET Sewer Capital Outlay Fund $400,000.00

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES * * * PUBLIC COMMENT/INQUIRY Mayor Mancuso, in accordance with standard procedure, opened the meeting for comments by the general public. The name, address and summary of comments and response, as appropriate, follows:

Mr. Lee Goldberg, 10 Arrowhead Road – Request assistance in the removal of JCP&L street lights that had fallen during the October snowstorm; update on recent auction on municipal owned vehicles (16 vehicles were sold); stated that NJ Sustainable Energy and whether or not the Township has looked into pooled energy resources (Yes, the Township does participate)

Mr. James Kelly, 18 Deborah Drive – referred to the condition of a fence along Deborah Drive that needs to be replaced; environmental problems that require=s mitigation from the Township (Administration is looking into the matter and will have results on replacing the fence as soon as possible and will also look into the develops bond on the adjacent development) MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 29

CONSENT CALENDAR

At this time the Township Clerk presented the Consent Calendar as hereinafter set forth. On resolution duly offered, seconded and adopted by the roll call as indicated (exceptions, if any, noted thusly*), the Consent Calendar was adopted and thereby the Governing Body took the following actions:

1. Approved, in accordance with a memo dated December 30, 2011 from Scott J. Lovenberg, Fire Chief, requesting the approval of Daniel Goss as a qualified operator for the Morris Township Fire Department, Ladder 1 Woodland.

2. Granted municipal consent to the Morris Township Emergency Management Association Rescue Squad to hold their annual rose sale at the Hillside Firehouse Hose Company on Sunday, February 12, Monday, February 13 and Tuesday Valentine’s Day.

3. Granted municipal consent to H.A.R.K., Inc. (Charity Group) sponsored by the Morristown Running Company to conduct a 5K race and requesting the use of the Township of Morris Ginty Pool parking, Municipal Building parking and local street parking, staging at Ginty Field and will expect 1500 runners on Saturday, March 10, 2012. Final approval is contingent on receipt of an appropriate Certificate of Insurance naming the Township as an additional insured; accompanied by a Hold Harmless Clause and subject to the approval of the Police Chief, Dennis Reilly as well as the Director of Parks & Recreation, William Foelsch.

4. Granted municipal consent to Morristown-Beard School to erect a tent on their property in front of their main building facing Whippany Road with a set up date of June 4, 2012 and removal date of June 11, 2012 in conjunction with its’ annual Commencement ceremonies” subject to the inspection and final approval by the Morris Township Fire Prevention Bureau.

5. Granted municipal consent to Meals on Wheels of Morristown to hold the Superhero Half Marathon and Relay, organized by Chris Russo and Heather Gardiner, Superhero Event, LLC, on Sunday, May 20th, 2012, at 8:30 A.M.. Requesting parking at the following locations: Ginty Field, Ginty Pool, Municipal Building; staging and registration will be located at Ginty Field; expect 1,500 participants. Final approval is contingent on receipt of an appropriate Certificate of Insurance naming the Township as an additional insured; accompanied by a Hold Harmless Clause and subject to the approval of the Police Chief, Dennis Reilly as well as the Director of Parks & Recreation, William Foelsch.

6. Acknowledges the Relay For Life of Morristown, Morris Plains, Morris Township and Randolph yearly event that will take place on Friday, May 18-19, 2012 at the Frelinghuysen Middle School. The relay is an overnight event that benefits all those touched by cancer. The approval of the Morris School District is predicated on the American Cancer Society notifying the Mayor and Township Committee, the Morris Township Police Department and the Morris Township Fire Department. MATTERS RECEIVED FOR THE RECORD

2012 Petition of Appeals for: Block 7901, Lot 1, 26 Pippins Way. Block 7502, Lot 2, 4 Cobblestone Lane. Block 7901, Lot 1, 23 Pippins Way. Block 02304, lot 17, 40 North Star Drive

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 30 MAYOR MANCUSO YES

MATTERS OF OTHER BUSINESS

NONE * * *

TOWNSHIP COMMITTEE MEMBERS COMMENTS/QUESTIONS

At this time Mayor Mancuso called upon the Members of the Township Committee for comments which are summarized as follows:

MR. GRAYZEL – Stated the following: I am happy to be back up on this dais serving the residents of Morris Twp. I look forward to an active an productive year.

All of the Township Committee members have started budgeting sessions on their respective standing committees. I had my first budgeting session for the sanitary sewer committee this past Monday and will be working on budgets for my other standing committees in the coming weeks.

The Washington Valley Community Association has purchased and installed a second interpretive panel in a series dedicated to this section of Morris Township. Washington Valley is a nationally registered historic district. The first one is located in front of the historic one-room schoolhouse. The new panel is located at the Whippany River entrance to Patriots’ Path on Washington Valley Road and discusses some history about the Rockaway Valley Railroad, also known affectionately as the “Rockabye railroad”. The railroad was built in 1888 by railroad promoter John Melick and a group of Somerset County farmers and businessmen. They built the Rockaway Valley Railroad to capitalize on a new potentially profitable crop just being introduced into Somerset County:peaches. Unfortunately, blight wiped out much of the peach crop several years later and the railroad could not survive economically. Of note, the railroad terminated just outside Morristown at Speedwell Lake just behind our Butterworth Sewer Plant. If you visit this new interpretive sign on Washington Valley Road you will be able to see the entire route of the railroad along with other interesting facts. Susan Young who is President of the Community association deserves much of the credit for putting this sign together and working with the park commission to get it installed along Patriots Path.

The New Jersey Conservation Foundation has transferred 6.5 acres of property to the Morris County Parks Commission, which will eventually be a park of Patriots’ Path. The property is off Parsippany Road, south of Route 10. It includes about 1,400 feet of frontage along the Whippany River. The parcel is entirely in Hanover Township, but runs close to Morris Township, and will extend from the existing pathway leading to the Frelinghuysen Arboretum.

This is a good segue into my comments on the Morris Township Trails and Pathways Plan. I have been a member of the Trails Committee for the past several years. For over a year now I have been requesting that the Township Planning Board formally review the plans and begin the process of readying them for incorporation into our Township master plan. Mr. Mancuso and Mr. Rosenbush are both members of the planning board and I request that both of you take this message back to the Chairman of the planning board and try to get this project moved forward.

Lastly, I would like to thank both Jim Lent of the Morris Newsbee and Jane Primerano of the Morris Township PATCH website for their continued news coverage of our town. Their reporting is invaluable in keeping our residents informed. Keeping these local news services in business is s in all our best interests. I urge all of our residents to read these two publications on a regular basis to help keep themselves informed.

Requested that a discussion on the Honeywell project be put on a Committee agenda in reference to the scheduling and of the Honeywell plan and what is happening.

MR. CAFFREY - Budget process is underway and with the assistance of Mayor Mancuso, Marie Pardo, CFO, and Township Administrator Timothy Quinn the numbers will filter down and it is anticipated that the Budget for 2012 will be complete in three (3) to four (4) weeks; State Aid and the fund balance will hopefully be known within that time schedule; every effort is being made to have the 2012 Budget introduced at the April meeting; congratulated Linda Murphy, Steve Cornine; advised that the Department of Public Works has completed leaf and brush collection. MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 31 TOWNSHIP COMMITTEE MEMBERS COMMENTS/QUESTIONS (CONTINUED)

MR. SISLER – Announced that the Office of Emergency Management will be having their annual rose sale in time for Valentine’s Day at the Hillside Fire and Hose Company; Advised that longtime resident Patrick Allocco, who is a concert promoter went to Angola with his son and has been detained by the police in that country due to the fact that the concert entertainer didn’t not show up for the concert andthat the public officials of that country in holding Mr. Allocco and his son until the official feel that the entertainer has paid restitution to those who bought tickets. Mr. Sisler has contacted U.S. Representation Rodney Frelinghuysen, State Assembly and Senators for their assistance in obtaining the release of Mr. Allocco and his son.

MR. ROSENBUSH – Advised Mr. Kelly that he is glad that the fence issue will be resolved; will bring up the recommendation of Mr. Goldberg during the budget meeting in reference to fuel pooling; ; JCP&L still dealing with outages; that the annual Rose Sale sponsored by the OEM have beautiful roses and to get orders in as soon as possible; American Cancer Society will once again have their “Relay for Life” eventat the Frelinghuysen School and urged everyone to participate; the 2012 Budget process involves everyone on the Committee and that where will be challenges again this year with added expense of the devastating storms, but is hopeful that there will be significant monies returned to the Township from F.E.M.A.; recognized the contribution of Mr. Ted Largman and his art is being shown at the Morris County Library and that Mr. Largman is a volunteer and serving on the Environmental Commission which is gratefully appreciated by the Township.

MAYORAL COMMENTARY - MAYOR PETER V. MANCUSO

“Relay for Life” event being sponsored by the American Cancer Society is a wonderful organization; begun the Township Committee meetings at 7 P.M. to allow the residents time to eat and attend the Committee meetings; two (2) matters in regard to JCP&L 1)Mayors will be attending a meeting on February 2, 2012 along with Board of Public Utilities and will bring back any information to the public from this meeting. 2) A meeting involving the Township Committee, the Commissioner of the BPU and JCP&L will be held March 21, 2012 in regard to questions or issues the public may have with the response of JCP&L during the 2011 storms and what could be done to avoid outages.

MAYOR MANCUSO PROCLAIMED THE FOLLOWING:

FEBRUARY 2012 - "BLACK HISTORY MONTH"

WHEREAS, the Mayor and Township Committee of the Township of Morris honors the heritage of African Americans and acknowledges their many contributions to our Nation; and

WHEREAS, Dr. Carter Godwin Woodson established Black History Week in February of 1926, choosing a month that marks the birthdays of two important men who greatly impacted the American blackpopulation, Abraham Lincoln and Frederick Douglass; and

WHEREAS, in the year 1976, the observance was expanded to Black History Month; and

WHEREAS, the month of February holds greater significance from the many milestones it contains; on February 23rd, 1868, the Civil Rights leader and co-founder of the National Association for the Advancement of Colored People (NAACP), W.E.B DuBois, was born; on February 3rd, 1870, the 15th Amendment, granting blacks the right to vote, was passed; on February 25th, 1870, the first black U.S Senator, Hiram R. Revels, took his oath of office; on February 12th, 1909, the NAACP was founded in New York City; on February 1st, 1960, a civil-rights movement milestone occurred when a courageous group of black college students began a sit-in at a segregated Woolworth’s lunch counter in Greensboro, NC; and

MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 32 MAYOR MANCUSO PROCLAIMED THE FOLLOWING (CONTINUED):

FEBRUARY 2012 - "BLACK HISTORY MONTH" (CONTINUED)

WHEREAS, all of these events and historic visionary leaders such as Frederick Douglass, Thurgood Marshall and Martin Luther King, Jr., blazed a trail for freedom, equality and opportunity and symbolize why we celebrate Black History Month; and

WHEREAS, we also remember the life of Coretta Scott King, widow of Dr. Martin Luther King, Jr., who continued her husband’s vision of racial peace and nonviolent social change throughout her life.

NOW, THEREFORE, BE IT RESOLVED the Mayor and Township Committee celebrates February 2012 Black History Month to honor the many achievements and contributions made by African Americans to our economic, cultural, spiritual and political development.

* * * *

PROCLAMATION HONORING GEORGE WASHINGTON

WHEREAS, February 22nd, is celebrated in Honor of George Washington “The Father of our Country” to acknowledge the many sacrifices and contributions he made in the birth of our Nation.

WHEREAS, George Washington by his example clearly defined what it means to be an American, and through his actions exemplified the meaning of the words, ideals, devotion and love of country.

WHEREAS, George Washington serving as Commander-in-Chief of the Continental Army, with great character and leadership led the army to victory against what seemed insurmountable odds. He stated in his General Orders on July 2, 1776, “Our own Country’s Honor, all call upon us for a vigorous and manly exertion, and if we now shamefully fail, we shall become infamous to the whole world. Let us therefore rely upon the goodness of the Cause, and the aid of the supreme Being, in whose hands Victory is, to animate and encourage us to great and noble Actions.” George Washington voluntarily served his country for eight and half years without pay.

WHEREAS, George Washington was instrumental in the formation of our new government and presided over the Constitutional Convention in 1787. Realizing the difficult task ahead he said to the delegates “It is too probable that no plan we propose will be adopted. Perhaps another dreadful conflict is to be sustained. If, to please the people, we offer what we ourselves disprove, how can we afterwards defend our work? Let us raise a standard to which the wise and the honest can repair. The event is in the hand of God.” Five months later on September 17, 1787, the Constitution was completed.

WHEREAS, George Washington was elected the First President of the United States, through his strength and wisdom guided our fragile new government through the first eight years of its infancy. In his First Inaugural Address, April 30, 1789, President Washington said, “The preservation of the sacred fire of liberty, and the destiny of the republican model of government, are justly considered deeply, perhaps as finally, staked on the experiment entrusted to the hands of the American people.”

WHEREAS, George Washington stepped down after two terms in office in his Farewell Address, September 19,1796, President Washington said, “The basis of our political systems is the right of the people to make and to alter their Constitutions of Government. But the Constitution which at all times exists, ‘till changed by an explicit and authentic a ct of the whole People is sacredly obligatory upon all.”

WHEREAS, George Washington died December 14, 1799, upon his death, President John Adams said “His example is now complete, and it will teach wisdom and virtue to magistrates, citizens, and men, not only in the present age,but in future generations, as long as our history shall be read.”

* * * *

CONSIDERATION OF MONTHLY REPORTS – NONE MINUTES OF REGULAR MEETING OF THE TOWNSHIP COMMITTEE HELD ON WEDNESDAY, JANUARY 18, 2012, 5:30 P.M. CLOSED 7:00 P.M. REGULAR PAGE 33 APPROVAL OF CLAIMS FOR PAYMENT - LIST OF BILLS AND VOUCHERS Minute Book Attachment #1 (MBA #1) dated January 18, 2012 $7,194,576.14

The Resolution as hereinafter set forth was duly offered, seconded and adopted by the vote as hereinafter indicated:

WHEREAS, the Treasurer of the Township of Morris has prepared and has approved for payment the list of Vouchers attached to and hereby made a part hereof as Schedule A.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Mayor and Township Committee of the Township of Morris that the proper officers of the Township of Morris be and are hereby authorized and directed to draw checks of the Township of Morris for a total of $7,194,576.14 for payment of the itemized Vouchers set forth on Schedule A, referenced as Minute Book Attachment No. 1, all of which have been approved by the several committees of the Township of Morris, and which are hereby made a part of the minutes of this meeting.

ROLL CALL: MR. CAFFREY YES MR. SISLER YES MR. ROSENBUSH YES MR. GRAYZEL YES MAYOR MANCUSO YES

CALL TO ADJOURNMENT

At 7:55 P.M. with no further business to be considered, on motion duly made, seconded and unanimously (5-0) adopted the January 18, 2012 was adjourned, next to convene at the 5:00 P.M., February 15, 2012, in the Municipal Building, 50 Woodland Avenue, Township of Morris.

______CATHLEEN AMELIO TOWNSHIP CLERK DATED: January 30, 2012