All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.

Minutes: January 1, 2013

1.0 OPENING OF REORGANIZATION MEETING

1.01 Opening of the Reorganization Meeting

The annual Reorganization Meeting of the Randolph Township Council was called to order at 1:00 p.m. by Councilman Guadagno. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location, and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the bulletin board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 7, 2012, by e-mailing them the annual resolution adopted by the Council on November 29, 2012. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and the Daily Record on December 13, 2012.

1.02 Roll Call

PRESENT:
Councilwoman Carey
Councilman Guadagno
Councilman Hirniak
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilwoman Veech

ABSENT: None

Also present: Sherriff Ed Rochford, Freeholder Ann Grossi, Freeholder John Cesaro, Freeholder Tom Mastrangelo, Freeholder Hank Lyon, Fred Knapp, former Councilwoman Trina Mitsch, David Scapicchio, Freeholder John Krickus, former Councilman Ed Metz, and John McAndrews.

1.03 Councilman Guadagno led the Pledge of Allegiance

2.0 SWEAR IN ELECTED COUNCIL MEMBERS

2.01 Swearing in of Joanne Veech

Councilwoman Joanne Veech was sworn in by her husband Skip, and joined by sons Blaise & Billy, and Freeholder Anne Grossi.

2.02 Swearing in of Christine Carey

Councilwoman Christine Carey was sworn in by her husband Frank Brenner, and joined by her children Kelsey, Nick, and Joey.

2.03 Swearing in of Roman Hirniak

Councilman Roman Hirniak was sworn in by former Mayor Ed Metz, and joined by his son Alex.

3.0 SELECTION OF TEMPORARY MAYOR

Councilman Guadagno stated that he was honored to have served as the Mayor of Randolph Township. He complemented Manager Lovell and thanked his fellow Council members as well as his Deputy Mayor. Councilman Guadagno selected Township Clerk Donna Luciani to be the temporary Mayor.

AYES:
Councilwoman Carey
Councilman Guadagno
Councilman Hirniak
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilwoman Veech

NAYS: None

4.0 NOMINATIONS AND SELECTION OF MAYOR FOR THE YEAR 2013

Councilman Guadagno nominated Thomas MacArthur for Mayor of the Township of Randolph. Councilman Napoliello seconded the nomination, and the following role call vote was taken:

AYES:
Councilwoman Carey
Councilman Guadagno
Councilman Hirniak
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilwoman Veech

NAYS: None

4.01 Swearing in of Thomas MacArthur

Mayor MacArthur was sworn in by his son, David, and joined by his wife, Debbie and daughter Bella, his father, mother in law, and father in law.

5.0 NOMINATIONS AND SELECTION OF DEPUTY MAYOR FOR THE YEAR 2013

Mayor MacArthur nominated Jim Loveys for Deputy Mayor of the Township of Randolph. Councilwoman Veech seconded the nomination, and the following role call vote was taken:

AYES:
Councilwoman Carey
Councilman Guadagno
Councilman Hirniak
Councilman Loveys
Councilman Napoliello
Councilwoman Veech
Mayor MacArthur

NAYS: None

5.01 Swearing in of James Loveys

Deputy Mayor Loveys was sworn in by his wife, Karen, and joined by his son James, daughter Abby, and nephew Brandon.

6.0 RECOGNIZE 2012 RANDOLPH MAYOR MICHAEL GUADAGNO

Mayor MacArthur recognized former Mayor Mike Guadago. The Mayor commended him on a job well done and mentioned three particular qualities that he saw in the former Mayor: selflessness, a great deal of knowledge, and a straight forward approach. Mayor MacArthur stated that it was a privilege to have served with former Mayor Guadagno. He reported that former Mayor Guadagno’s name has been inscribed on the plaque as the 42nd Mayor of Randolph under the current form of government.

Manager Lovell also commended former Mayor Guadagno on a job well done. He stated that the former Mayor demonstrated a real love for the community, and he was very generous and gave credit to others for the work they did instead of taking credit himself. He was also very generous with his time and was dedicated to giving back to the community. The Manager thanked former Mayor Guadagno for his year of service as the Mayor.

7.0 COMMENTS BY MAYOR AND COUNCIL

Mayor Tom MacArthur

I feel very honored to serve as mayor of Randolph, where I’ve raised my family. I want to thank the council for their support; it means a lot to me. The new year is a good time to consider the blessings of the past and our hopes for the future. I want to start by thanking the people who have worked hard to make Randolph such a great place to live. We’ve had special gatherings to thank our staff and volunteers, especially for their exemplary service after Sandy ravaged NJ. We fared better than many communities, but Randolph did not escape without great loss to dear people and my heart still goes out to those affected. I want to repeat today how inspired I have been to see the selfless and effective service of so many people in the aftermath of the storm.

I want to thank Mike Guadagno for his service as mayor in 2012. I learned much from him and respect his dedication and knowledge. I also want to thank Trina Mitsch and Mike Obremski, who have just finished multiple terms as council members. They will both be truly missed.

I’ve been making new year’s resolutions my whole life, ever since my mother started me in this practice as a young boy. Over the next few months the township council will also make our resolutions. We will consider many issues and objectives for the year, culminating with the budget. I would like to mention just two issues as we begin-Highlands and housing.

Highlands

The NJ Highlands Act is something you’ll hear more about in Randolph. It was enacted in 2004 to limit development across northern NJ. The goal was to protect drinking water for about 5 million NJ residents and the act has been controversial because of its impact on private property.

Yogi Berra once said, “When you come to a fork in the road, take it.” The township council has some discretion over how much of Randolph to include in the Highlands Plan. On January 17, 2013, the Highlands Commission is expected to approve Randolph’s proposal for participation in the Highlands Plan. When this is done, we will have taken the fork! The township will then revise its master plan and zoning ordinances accordingly. The Randolph plan calls for three designated growth centers along Sussex Turnpike, South Salem Street and Route 10. Participation in Highlands will give us the ability to encourage development where it’s beneficial and resist overdevelopment elsewhere.

Housing

My other hope for the new year has to do with housing. I believe the bonds of community are made stronger with diversity and one of my hopes is that we can help residents remain in Randolph during many phases of life.

There are four pending residential projects in Randolph that demonstrate cooperation between the private sector and government. Two commercial projects are for seniors-one for age-restricted townhouses and the other using an assisted living model. A third project is for any age, but designed to appeal to older residents. The fourth project is in partnership with Habitat for Humanity and will result in 26 lower income homes built on land donated by the town in the designated growth center at South Salem Street. We hope it will help revitalize this part of town.

In each of these projects, the township is fostering action by amending zoning ordinances if appropriate, by providing planning support to ensure the projects fit the character of Randolph, by bringing various stakeholders together to work out differences, and in the Habitat project, by directly providing the land as well as financial, engineering and planning support. All four projects demonstrate the power of the public sector helping, rather than taking over from, the private sector.

Finally, I want to express my sincere hope and prayer that each of our residents enjoys a happy, healthy and safe New Year.

Deputy Mayor Jim Loveys

I’d like to say good afternoon to everyone and I’d like to thank you all for attending and wish you all a very safe, happy, and healthy new year. Special thanks to my wife, Karen, two of our four children, James and Abbey. My nephew and brother in law are visiting from Berkeley Heights today. I thank you all for being here and sharing this day with me. Two of my eldest daughters are unable to be here but I know that they’re here with us in spirit. A commitment to public service places demands on family life and I want to thank you all from the bottom of my heart for your continued understanding and support.

I congratulate incoming Councilwoman Veech, Councilwoman Carey, and Councilman Hirniak on your elections this past November. I thank our past Mayor, Mike Guadagno, who along with others worked tirelessly throughout Hurricane Sandy. And whose foresight it was to take a page from the book of our Township Manager and attack issues through the creation of small sub-committees. Lastly I congratulate my friend and colleague, Mayor Tom MacArthur, on your nomination. Mayor, I’m honored to serve as your Deputy, and I have full faith in your ability to lead this Council through the issues we’ll face in 2013. Building on the concept of our previous years, Mayor MacArthur has outlined and assigned Council members to various work groups in order to address issues as they relate to the Township. I’ll chair a Township properties work group whose goal will be to best determine the potential uses of certain town properties and structures. I look forward to working on an infrastructure work group whose focus will be on the entities and agencies that are critical to the implementation of some of the very necessary infrastructure improvements we need here in town. As Council liaison I’ll serve on a newly created advisory committee, the Wildlife Management Committee, whose inaugural members will be appointed shortly here today. And whose initial focus will be on the reduction of over population of the white tailed deer in town and some of the problems they create, in an effort to bring about a more healthy balance.

Our town has always been, and is first and foremost, a service based organization. Our residents are provided with services ranging from public safety and emergency management to recreation, to animal control, to low cost immunizations just to name a few. Throughout the years our town has enhanced vital services through the efficiencies of privatization and shared services with other communities. The once unprecedented decline in our ratable base has continued for yet a third year, revenue remains relatively weak and this undoubtedly will present challenges and apply pressure to our upcoming 2013 budget process. However, as Randolph residents we’re optimistically looking forward to the New Year in hope of increased economic activity as the Mayor mentioned, with the anticipation of new development and improvement in our housing market. Due to the experienced and truly sound management of our Township Manager John Lovell, his staff of very high quality Department Heads and Township personnel, and together with several years of fiscally responsible Township Councils. Improvements to our town’s infrastructure and facilities have continued, and it must, while cautiously managing debt. Without question, our parks, trails, recreation facilities, open space lands are second to none. They define a quality of life here in Randolph that’s unlike that experienced in other towns and it makes our community one very attractive place to call home. We must continue to be good stewards to these valuable assets. I continue to be thankful for the opportunity to serve my community and all of our residents. I look forward to working with my colleagues in 2013, all of whom I admire and respect, and I’ll continue to be guided in my decision making by what’s in the best interests of this Township. Thanks, and again, have a very safe, happy, and healthy new year.

Councilwoman Chris Carey

Thank you very much. Again I’d like to thank everybody for coming out today, and happy New Year, and congratulations to Mayor MacArthur and Deputy Mayor Loveys. As Jim said, I do want to thank my family for being here and that they helped come up and swear me in. And even though we’re the ones that are serving, it’s a commitment on the part of the families too, the time commitment, and I really want to thank them and I appreciate everything they do. My husband actually just found out yesterday that this is a four year term, he thought it was three years. Also, my two sisters are here visiting too, my sister Lisa and my sister MaryAnn so thank you very much for coming today, I do appreciate that.

As one of the newest members on the Town Council, I’ll keep my comments very brief. I haven’t really accomplished much since I was sworn in, about 15 minutes ago. But I do consider it an honor and a privilege to serve on the Town Council and I’m very, very happy to be joining my fellow Council members in serving the Randolph community. I’ve been a resident of Randolph for the last 20 years and during that time, I’ve seen the town really grow and go through a lot of changes as I’m sure most of you have. And during the whole time it’s continued to be a really wonderful place to live, and to work for many of us that work in town. As I was campaigning earlier this year, going out and shaking hands and meeting people, I really was struck at how many people would voluntarily say “you know I really love living in Randolph” and they would just share positive feelings with me. It was their opportunity to vent if they wanted to, but most of them really just voluntarily said “I’ve lived here a long time, it’s a great place, and I love this place.” So that’s the kind of sentiment that I’ve been hearing about, and about a week and a half ago Roman and I had the opportunity to come to Town Hall for an orientation. And we met all the Department Heads and learned about what they do, and their roles and responsibilities. And again I was struck by how many of them would say to us, “you know I just love Randolph, I love living here, it’s such a great place to live in, and it’s a great place to work in.” So it’s really a testament to all of those people who have been serving on the Town Council before me, and continue to, and to John Lovell, and to all of the employees in Town Hall, and all the residents who share that vision and work to make Randolph such a great place to live. So as a new Town Council member, that’s kind of stressful to think about those big shoes to fill, there’s a lot of pressure to make sure you don’t mess that up, and to keep things going very well. But when I decided to run for the Town Council, it wasn’t because there was some big issue or there was something wrong, or something I felt that needed to be fixed. It’s just that I think Randolph is a great community, I’m very proud, and I just want to contribute to its ongoing success.

This year I’m going to be serving as two different liaisons, one is to the Parks Committee. My family and I have certainly enjoyed the parks over the last 20 years in Randolph and have taken advantage of the trails and the parks and the facilities. And this past year I did serve on the Parks Committee as a resident so I’m hoping to contribute in a meaningful way there. And the other liaison position that I’ll fill is an Education liaison which will be to the Randolph Board of Education and to the County College of Morris. And as a former member of the Randolph Board of Education, I’m really hoping to further strengthen that relationship that we have between the two groups, and really look for additional ways to benefit the community by strengthening that relationship. One of them I think Tom mentioned, was the new DPW Maintenance Facility that was a collaboration between the two organizations, and really benefits the town. I’m very excited to be here, and I’m really looking forward to a great 2013. Thank you.

Councilman Roman Hirniak

Admittedly I had some difficulty with gathering my thoughts, what was I going to say? What profound words was I going to share with the folks assembled today in my first official speech as a Town Councilman? And then it occurred to me, what I wanted to touch on when I reviewed the agenda that Donna prepared. And was reminded that Chief Dunn is going to be sworn in today as the new departmental Chief. A few weeks ago, my colleagues and I had the privilege of spending our day with the fire department at its annual inspection. And I had the honor of spending pretty much the entire day with Chief Dunn who was kind enough to drive me from one firehouse to the next, and put up with a lot of questions that the new Councilman was peppering him with. And of course over the course of the day, we talked about many different things. One of them was Chief Dunn’s over 30 years of dedication to the Randolph Township Fire Department, and I was amazed, 30 plus years is a long period of time. And Chief Dunn said to me when I expressed my amazement, he said “Roman, it’s not about me, it’s about the community.” And son of a gun, he was 100% right, but he’s not just right about his colleagues or himself, he’s right about everybody that’s in this room today. Whether a Federal elected official, a State elected official, a County elected official, whether one of our employees or one of our professionals, whether one of our residents, or one of our corporate citizens, each of us in our own special way takes time out of our lives and dedicates it to our respective communities. And that’s what we’re here today to acknowledge, and that’s what we’re here today to celebrate, we’re here to celebrate those people that have taken time out of their day, time out of their week, time out of their month, and dedicated it to the betterment of Randolph Township. I personally look forward to joining my colleagues on the Township Council as a newly elected official, a member of the legislative body charged with legislating the betterment of life here in Randolph. Working with our residents, working with our corporate citizens, those individuals who want to make Randolph a better place; I encourage you to approach me and my colleagues at any time, with a positive thought, sometimes a negative thought, hopefully not too often. Share with me, share with us, what you’d like to see to make Randolph a better place, our doors are always open. It’s not just about the residents, and it’s not just about the corporate citizens, but at the end of the year I’d like to be able to say that every individual outside of Randolph that passes through the Township, said to themselves “son of a gun, I’d sure like to live in Randolph Township.” Happy New Year everyone. Thank you.

Councilman Mike Guadagno

My task this next year is to be in charge of the infrastructure of Randolph Township, not just the town infrastructure of sewer and water and roads, but I’m also very interested in the gas expansion into Randolph Township. Our gas lines have been stalled for awhile, this is natural gas to the homes. During the storms a lot of people wished they would’ve had the natural gas and I’ve been trying to work with the gas company to move the lines forward, but it’s tough going. The Council has reappointed me to the Rockaway Valley Sewer Authority for another five years, I appreciate that. I’m going to try to work with the County, at a County level facility, I will find out on January 4th where they’re going to put me if anyplace. Tom, as Mayor, you’re going to do a great job. As my Deputy Mayor you did a great job, and Jim, you’re going to be excellent. I’m glad to be working with Chris and Roman, and of course Joanne Veech is back, and my old friend Al Napoliello. So basically that’s where I’m going to go next year, but my concern is basically for the infrastructure of Randolph Township. Thank you.

Councilman Al Napoliello

Good afternoon everyone. As you have heard, last year was a good year for Randolph Township, but it was a very difficult one in some respects; however, we were still able to accomplish a lot. I first of all want to personally thank Councilman Guadagno for the fine job he did as Mayor last year, especially during the hurricane in October. In addition to his regular duties, he attended two hurricane briefing sessions every day for about 6 weeks or so. And then he went out to interface with the residents, and in the majority of cases he drove to their homes to see for himself the damage to the property so that he could accurately report it to the electric company representatives who attended these briefings. Good job Mr. Mayor. I also want to congratulate our new Mayor and Deputy Mayor, Tom and Jim, who will serve as our 2013 leaders. I know both of them very well and I’m very sure that they’ll do outstanding jobs in their new positions, they will certainly have my support. I would be remiss if I didn’t say something about the two Council members and former mayors who retired last year, Trina Mitsch and Mike Obremski. As a member of this Council, I spent many years with both of them and I can attest to the fact that they always made decisions for the benefit of the residents of Randolph. They helped to make our town the wonderful place that it is. We have been very fortunate to have such dedicated people on our Town Council, and I know we just elected three more such residents in Joanne Veech, Chris Carey, and Roman Hirniak. I wish them well as they assume their positions, I know they will do an outstanding job because they too are very dedicated individuals.

As for me, I will serve as liaison to the Board of Health this year and the Public Safety Committee, which includes the fire, rescue, and safety committees, and I will also be the liaison to the Municipal Alliance Committee. Thank you for taking the time to be here today everyone, I wish you all a very happy and prosperous new year.

Councilwoman Veech

Thanks, I’m used to going last with the last name of Veech. So I have to adjust my speech because I don’t want to repeat things that have been said, but I will say thank you to everyone for coming, it’s a great team to work with. The Council, employees, and the volunteers, I’m still in awe of the firemen, I truly am. I’m very proud of what this Township stands for and what we’ve accomplished, and I’d just like to say that I welcome everyone’s thoughts, ideas, and comments. I love to hear from our townspeople because you’re the ones that come up with the best ideas and we just try to make them happen. I’m serving as liaison to the Planning Board, well I’m actually on the Planning Board as a member and also the Board of Trustees for the Library. This year I’ll be leading the emergency preparedness work group, and that’s a continuation of last year’s emergency communications work group, with both Al and Chris. We’ll be focusing on cell communications, citizen communications, shelters, generators, and a new concept of neighbors helping neighbors. And that’s where maybe someone’s finished with a generator, they’d like to share with someone else, or if you have room in your house and you’re willing to give up a warm bedroom to a family. So how do we as the Council in the town help facilitate that? So neighbors helping neighbors is where I’m going to look to strengthen that area. I think that the Mayor should designate the last week in October as a Randolph vacation week, and all head to Newark and get on a plane and go someplace really warm and we come back when all the lights are on. Maybe that’ll come up at some point, but looking forward to October again this year. And as part of the infrastructure work group with both Mike and Jim, I’ll continue to work with the County College on what we started years ago and the Traffic Advisory Committee picked up about 5 years ago, and that’s the access from Route 10 into the college. Right now there are only two roadways that get you in and out, and that puts stress on our infrastructure in town so I’ve been working with Dr. Ed Yaw. They purchased that building, Enablx, on Route 10 so I’m going to be working with the Freeholders to make sure that they can help as well. Because as many of you know, the Freeholders are the ones that work with the County College, and the funding and the DOT and look for Tony to help us and his Dad to help us with funding so that we can actually make that access in and out of Route 10. So I look forward to four more years of service, I’m so happy I’m not running and my name’s not going to be on a sign for the next four years. I thank you all and a happy and healthy new year.

8.0 TOWNSHIP MANAGER APPOINTMENTS/SWEARING IN

8.01 Recognition of 2011/2012 Fire Department Chief John McAndrew, III

Manager Lovell recognized former Fire Department Chief John McAndrew, III. He expressed his appreciation for John’s many years of service as well as the entire McAndrew family’s service to the community. The Manager not only commended former Chief McAndrew, but he recognized all the volunteer firefighters in the community. He acknowledged the time and dedication the fire companies demonstrated following Hurricane Sandy. Manager Lovell again thanked John and read the plaque: “Presented to John McAndrew III in recognition and gratitude for service and dedication as Fire Chief in Randolph Township 2011-2012. Many thanks from the Mayor, Council, Township Manager, and citizens of Randolph.”

8.02 Appointment of Fire Chief Kevin Dunn

Manager Lovell appointed Kevin Dunn as the Fire Chief for the 2013-2014. He stated: Kevin R. Dunn has 32 years of firefighting experience, 25 with Randolph Township Fire Department, and 7 years with the Denville Township Fire Department. Kevin has 14 years of fire officer experience, all in Randolph. Kevin serves with Company #2, Millbrook. Kevin has also held a number of positions within the department, such as Chairmen of the Board of Engineers as well as Chief of Fire Co. #2 from 2007-2008. Kevin has been married to Susan for 26 years and they have three sons who are, or were, firefighters for Randolph Fire Company #2. Matthew is now a career firefighter for the city of Charleston, SC. Ryan and Brandon are still firefighters in town. Ryan is currently serving in the United States Army, assigned to the 10th Mountain Division at Ft. Drum, NY. Thank you so much.

8.03 Appointment of Deputy Chief Steve Cohrs

Manager Lovell appointed Steven Cohrs as the Deputy Chief. He stated: Steven Cohrs has 21 years of firefighting experience, 10 years with Randolph Township Fire Department, and 11 years with the Livingston, New Jersey Fire Department. He has 13 years of fire officer experience, including 7 years with Randolph. He recently served as Battalion Chief at Station 5, Shongum Mountain from 2010-2012. He also served on a variety of department and Company 5 committees over the years. Steve is the 4th generation of his family in Fire/EMS service. His sons Matt and Tom are continuing this tradition as active members of Station 5.

8.04 Swearing in of Fire Department Chief and Deputy Chief

Fire Chief Kevin Dunn was sworn in by his son Matthew and sons Ryan and Brandon held the bible.

Deputy Fire Chief Steve Cohrs was sworn in by his sons Matthew and Tom.

9.0 CONSENT AGENDA COUNCIL APPOINTMENTS

9.01 Council Appointments for 2013 & Consent Resolutions

Deputy Clerk (one year)—Donna Brady

Township Attorney (one year)—Edward Buzak

Special Counsel for Labor and Negotiations (one year)—Stephen Trimboli

Special Counsel for Tax Appeals (one year)—Fred Semrau

Special Counsel for Negotiations and Preparation of Developer’s Agreements (one year)—Anthony Bucco, Jr.

Bond Counsel (one year)—Jack Kraft

Prosecutor (one year)—Michael Cresitello

Public Defender (one year)—John Horan

Conflict Public Defender (one year)—James Pryor

Township Auditor (one year)—Nisivoccia and Company

Municipal Historian (one year)—Gail Hari

Community Development Revenue Sharing Committee (CDRS):
Mayor’s Appointment (one year)—Donna Luciani
Governing Body Appointment (one year)—Councilman Hirniak
Alternate Appointed by Mayor (one year)—Ralph Carchia

Planning Board:
Member (four years)—Art Lee
Official Member (one year)—John Herold
Mayor’s Delegate (one year)—Councilwoman Veech
Official Council Member (one year)—Councilman Guadagno

Board of Adjustment:
Member (four years)—Gene Stracco
Alternate #2 (unexpired term 12/31/13)—Matt Tal

Board of Health:
Member (three years)—Gayle Pearson
Member (unexpired term 12/31/14)—Dr. Keith Leibowitz
Alternate #1 (two years)—Joyce Echanique

Parks Committee:
Member (three years)—Bernie Barrish
Member (three years)—Len Peitrewicz
Member (three years)—Stephen Healey
Member (three years)—Paul O’Malley
Member (unexpired term 12/31/14)—Jeff Stickle
Member (unexpired term 12/31/14)—Paul Bassaline

Environmental Commission:
Member (three years)—Connie Stroh
Member (three years)—Steve O’Mara
Member (three years)—Kathleen Mygas

Landmarks Committee:
Member (three years)—Marcia Rumsey
Member (three years)—Meg Sullivan
Member (three years)—Janet Lorey
Alternate #1 (unexpired term 12/31/13)—Carla Bortnick
Alternate #2 (unexpired term 12/31/13)—Sunita Mathur

Board of Assessments for Local Improvements:
Member (two years)—Myra Sesko
Member (unexpired 12/31/13)—Trina Mitsch

Economic Development Committee:
Member (three years)—Trina Mitsch
Member (three years)—Peter Kenny
Alternate #1 (two years)—Helene Elbaum
Alternate #2 (one year)—Lou Nisivoccia

Recreation Advisory Committee:
Member (three years)—Joe Nazzaro
Member (three years)—Anne Standridge
Member (three years)—Vic Viscomi
Member (one year)—Ned Levine
Member (one year)—Robert Barbiere
Member (one year)—Bob Lindquist
Member (one year)—Michael Behar
Member (one year)—Marie Potter

Library Board of Trustees:
Member (five years)—Evelyn Hammaren
Mayor’s Alternate (one year)—Councilwoman Veech

Rockaway Valley Regional Sewerage Authority (RVRSA):
Member (five years)—Councilman Guadagno

Traffic Advisory Committee:
Member (two years)—Jim Maraska

Municipal Alliance Committee:
Member (one year)—Will Haney—Chairman
Member (one year)—Elizabeth Ritter
Member (one year)—Ron Harmetz
Member (one year)—Debbie MacArthur
Member (one year)—Paula Scali

Wildlife Management Advisory Committee:
Member (two years)—Russ Nee
Member (two years)—Sue Grassmeyer
Member (two years)—Greg Mohr
Member (one year)—Marc Perez
Member (one year)—John Spano
Alternate (one year)—Joe Speer
Town Councilmember (one year)—Councilman Loveys
Township Manager (one year)—John Lovell

Council Liaisons

CDRS Committee—Councilman Hirniak
Economic Development Committee—Mayor MacArthur
Education (BOE, CCM)—Mayor MacArthur/Councilwoman Carey
Environmental Commission—Councilman Guadagno
Health Advisory Board—Councilman Napoliello
Landmarks Committee—Councilman Hirniak
Library Board of Trustees—Councilwoman Veech
Media Communications—Mayor MacArthur
Municipal Alliance Committee—Councilman Napoliello
Parks Committee—Councilwoman Carey
Planning Board—Councilwoman Veech/Councilman Guadagno
Public Safety (Fire, Rescue, Safety Committee)—Councilman Napoliello
Recreation Advisory Committee—Deputy Mayor Loveys
RVRSA—Councilman Guadagno
Traffic Advisory Committee—Councilman Hirniak
Wildlife Management—Deputy Mayor Loveys

Councilman Napoliello made a motion to approve the Consent Agenda items. Councilman Guadagno seconded the motion, and the following role call vote was taken:

AYES:
Councilwoman Carey
Councilman Guadagno
Councilman Hirniak
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Loveys
Mayor MacArthur

NAYS: None

9.02 Assessment Officer

R-01-13

BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey, that the Municipal Clerk be appointed Assessment Search Officer of the Township of Randolph for the year 2013.

9.03 Bank Depositories

R-02-13

BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey, that the following list of banks be designated as depositories for Township funds for the year 2013:

JP Morgan Chase Bank
TD Bank, NA
New Jersey Cash Management Fund
The Provident Bank
Heritage Community Bank
Investors Savings Bank

9.04 Cash Management

R-03-13

WHEREAS, the Township of Randolph adopted a Cash Management Plan on April 2, 1997; and

WHEREAS, the State of New Jersey amended the statutory provisions governing cash management plans and permitted investments; and

WHEREAS, the Director of Finance has amended the Cash Management Plan of the Township of Randolph to incorporate these provisions.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Cash Management Plan as amended be approved.

9.05 Certifying Agent to Police and Fireman Retirement and PERS

R-04-13

BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey, that Pamela Vasta, be appointed Certifying Agent for the Township’s Police and Firemen’s Retirement System and the Public Employees’ Retirement System for the year 2013.

9.06 Fees for Agendas

R-05-13

WHEREAS, N.J.S.A. 10:4-6 et seq., known as the “Open Public Meetings Act,” requires notices to be given of meetings of public bodies, as defined and prescribed in said statute, and further provides for the fixing of a reasonable charge to be paid by any person requesting such notices.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey, as follows:

1. The Randolph Reporter and the Morris County Daily Record, as the newspapers having the greatest likelihood of informing the public of meetings to be held by the Township Council of the Township of Randolph, are hereby designated as the newspapers to receive notices of all meetings of this Township Council for the calendar year 2013 as required by the “Open Public Meetings Act.”

2. The bulletin board located immediately adjacent to the Municipal Clerk’s Office in the main hallway of the Randolph Municipal Building shall be the place for posting of all notices of meetings of the Township Council during the 2013 calendar year.

3. The sum of twenty ($20) dollars is hereby fixed as the fee to be paid by any person requesting that notices of meetings of the Township Council of the Township of Randolph during the 2013 calendar year be mailed to such person; but, as provided in N.J.S.A. 40:4-19, no charge shall be made to any newspaper requesting the mailing of such notices to its business office.

4. Certified copies of this resolution shall be mailed by the Clerk of the Township to the Randolph Reporter and the Morris County Daily Record and a certified copy shall be filed with the Clerk of the Township.

9.07 Official Newspaper

R-06-13

BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey, that the Randolph Reporter be designated as the Official Newspaper for the Township of Randolph for the year 2013 and the Morris County Daily Record is the “backup” Official Designated Newspaper and are hereby designated as the newspapers to receive legal notices for the Township of Randolph for the calendar year 2013.

9.08 Rate of Interest on Delinquent Taxes and Delinquent Water and Sewer

R-07-13

WHEREAS, N.J.S.A. 54:4-67 has been amended to permit the charging of 8% of the first $1,500.00 of delinquent taxes and assessments, and 18% on any amount in excess of $1,500.00; and

WHEREAS, N.J.S.A. 54 also permits the charging of 8% interest on the first $1,500.00 of delinquent water and sewer charges and 18% interest on any amount in excess of $1,500.00; and

WHEREAS, the delinquent charges on finance agreements is 1 1/2 % per month in each installment in default for thirty (30) days.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, as follows:

1. The rate of interest to be charged for nonpayment of taxes, assessments, water and sewer charges, on or before the due date shall be 8% per annum for the first $1,500.00 and 18% on any amount in excess of $1,500.00.

2. No interest shall be charged if payment of any taxes and assessments is made within ten (10) calendar days of due date.

3. The rate of interest to be charged on delinquent finance agreements is 1 1/2 % per month in each installment in default for thirty (30) days.

4. This resolution shall take effect on January 1, 2013.

9.09 Signatures on Checks

R-08-13

BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the signatures of the Township Manager and Township Treasurer shall be required on all checks drawn against Township accounts.

9.10 Township Attorney—Edward J. Buzak—The Buzak Law Group—Professional Services Agreement

R-09-13

WHEREAS, the Township of Randolph (“Township”) requires Township Attorney services for calendar year 2013; and

WHEREAS, the Township has agreed to retain The Buzak Law Group located at 150 River Rd, Ste N-4, Montville, NJ 07045 to provide the necessary Township Attorney services for a total amount not to exceed $292,200 ($145 per hour) plus $145 per hour for litigation and escrow appeals; and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined and certified in writing that the value of these services will exceed $17,500; and,

WHEREAS, the contract with The Buzak Law Group is for a total amount not to exceed $292,200 ($145 per hour) plus $145 per hour for litigation and escrow appeals and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, The Buzak Law Group submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, The Buzak Law Group has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:

1. The Township hereby hires, employs and retains The Buzak Law Group having an office at 150 River Rd, Ste N-4, Montville, NJ 07045 to provide Township Attorney services for calendar year 2013.

2. The Buzak Law Group shall be compensated for a total contract amount not to exceed $292,200 ($145 per hour) plus $145 per hour for litigation and escrow appeals.

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

5. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 1, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the 2013 Budget, Legal, Other Expense and Water and Sewer Other Expense to award a contract to The Buzak Law Group for Township Attorney Services in the amount not to exceed $292,200.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-20-155-060 = $201,200.
05-201-20-100-060 = $91,000.

9.11 Labor Counsel—Steve Trimboli—Professional Services Agreement

R-10-13

WHEREAS, the Township of Randolph (“Township”) requires General Labor Counsel services for calendar year 2013; and

WHEREAS, the Township has agreed to retain Knapp, Trimboli & Prusinowski located at 210 Park Ave, Ste 302, Florham Park, NJ 07932 to provide the necessary General Labor Counsel services for a total amount not to exceed $10,000 ($145 per hour for attorneys; $75 per hour for paralegals); and

WHEREAS, the contract with Knapp, Trimboli & Prusinowski is for a total amount not to exceed $10,000 ($145 per hour for attorneys; $75 per hour for paralegals) and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Knapp, Trimboli & Prusinowski submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Knapp, Trimboli & Prusinowski has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:

1. The Township hereby hires, employs and retains Knapp, Trimboli & Prusinowski having an office at 210 Park Ave, Ste 302, Florham Park, NJ 07932 to provide General Labor Counsel services for calendar year 2013.

2. Knapp, Trimboli & Prusinowski shall be compensated for a total contract amount not to exceed $10,000 ($145 per hour for attorneys; $75 per hour for paralegals).

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 1, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the 2013 Budget, Legal, Other Expense to award a contract to Knapp, Trimboli & Prusinowski for General Labor Counsel Services in the amount not to exceed $10,000.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-20-155-302

9.12 Police Matters—Labor Counsel—Arthur Thibault—Professional Services Agreement

R-11-13

WHEREAS, the Township of Randolph (“Township”) requires Police General Legal, Hearings and Police Contract Negotiation services for calendar year 2013; and

WHEREAS, the Township has agreed to retain Apruzzese McDermott Mastro & Murphy located at PO Box 112, 25 Independence Blvd #112, Liberty Corner, NJ 07938 to provide the necessary Police General Legal, Hearings and Police Contract Negotiation services for a total amount not to exceed $25,400 ($145 per hour); and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined and certified in writing that the value of these services will exceed $17,500; and,

WHEREAS, the contract with Apruzzese McDermott Mastro & Murphy is for a total amount not to exceed $25,400 ($145 per hour) and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Apruzzese McDermott Mastro & Murphy submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Apruzzese McDermott Mastro & Murphy has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:

1. The Township hereby hires, employs and retains Apruzzese McDermott Mastro & Murphy having an office at PO Box 112, 25 Independence Blvd #112, Liberty Corner, NJ 07938 to provide Police General Legal, Hearings and Police Contract Negotiation services for calendar year 2013.

2. Apruzzese McDermott Mastro & Murphy shall be compensated for a total contract amount not to exceed $25,400 ($145 per hour).

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 1, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the 2013 Budget, Legal, Other Expense and Police, Other Expense, to award a contract to Apruzzese, McDermott, Mastro & Murphy for Police General Legal, Hearings & Police Contract Negotiations Services in the amount not to exceed $25,400.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-25-240-305 = $15,400.
01-201-20-155-302 = $7,000.
01-201-20-155-303 = $3,000.

9.13 Special Counsel for Tax Appeals—Fred Semrau—Professional Services Agreement

R-12-13

WHEREAS, the Township of Randolph (“Township”) requires Special Counsel for Tax Appeals services for calendar year 2013; and

WHEREAS, the Township has agreed to retain Dorsey & Semrau located at 714 Main St, PO Box 228, Boonton, NJ 07005 to provide the necessary Special Counsel for Tax Appeals services for a total amount not to exceed $19,000 plus a not to exceed amount of $2,400 ($600 per day) for trials; and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined and certified in writing that the value of these services will exceed $17,500; and,

WHEREAS, the contract with Dorsey & Semrau is for a total amount not to exceed $19,000 plus a not to exceed amount of $2,400 ($600 per day) for trials and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Dorsey & Semrau submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Dorsey & Semrau has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:

1. The Township hereby hires, employs and retains Dorsey & Semrau having an office at 714 Main St, PO Box 228, Boonton, NJ 07005 to provide Special Counsel for Tax Appeals services for calendar year 2013.

2. Dorsey & Semrau shall be compensated for a total contract amount not to exceed $19,000 plus a not to exceed amount of $2,400 ($600 per day) for trials.

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 1, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the 2013 Budget, Legal, Other Expense, to award a contract to Dorsey & Semrau for Special Counsel for Tax Appeal Services in the amount not to exceed $19,000 plus a not to exceed $2,400 for trials.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-20-155-304

9.14 Special Counsel for Negotiations and Preparation of Developer’s Agreements—Anthony Bucco, Jr.—Professional Services Agreement

R-13-13

WHEREAS, the Township of Randolph (“Township”) requires Special Counsel for Negotiations and Preparation of Development Agreements services for calendar year 2013; and

WHEREAS, the Township has agreed to retain Murphy, McKeon PC located at 51 Route 23 South, PO Box 70, Riverdale, NJ 07457 to provide the necessary Special Counsel for Negotiations and Preparation of Development Agreements services for a total amount not to exceed $15,000 ($145 per hour); and

WHEREAS, the contract with Murphy, McKeon PC is for a total amount not to exceed $15,000 ($145 per hour) and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Murphy, McKeon PC submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Murphy, McKeon PC has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:

1. The Township hereby hires, employs and retains Murphy, McKeon PC having an office at 51 Route 23 South, PO Box 70, Riverdale, NJ 07457 to provide Special Counsel for Negotiations and Preparation of Development Agreements services for calendar year 2013.

2. Murphy, McKeon PC shall be compensated for a total contract amount not to exceed $15,000 ($145 per hour).

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 1, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the Various Escrow Accounts, to award a contract to Murphy, McKeon PC for Special Counsel for Negotiations and Preparation of Development Agreements in the amount not to exceed $15,000.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: Various Escrow Accounts

9.15 Bond Counsel—Jack Kraft—Professional Services Agreement

R-14-13

WHEREAS, the Township of Randolph (“Township”) requires Bond Counsel services for calendar year 2013; and

WHEREAS, the Township has agreed to retain John L. Kraft, Esq., LLC located at 505 Thornall St, Ste 206, Edison, NJ 08837 to provide the necessary Bond Counsel services for a total amount not to exceed $10,000; and

WHEREAS, the contract with John L. Kraft, Esq., LLC is for a total amount not to exceed $10,000 and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, John L. Kraft, Esq., LLC submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, John L. Kraft, Esq., LLC has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:

1. The Township hereby hires, employs and retains John L. Kraft, Esq., LLC having an office at 505 Thornall St, Ste 206, Edison, NJ 08837 to provide Bond Counsel services for calendar year 2013.

2. John L. Kraft, Esq., LLC shall be compensated for a total contract amount not to exceed $10,000.

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 1, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the Various Capital Ordinances, to award a contract to John L. Kraft, Esq., LLC for Bond Counsel Services in the amount not to exceed $10,000.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: Various Capital Ordinances

9.16 Prosecutor—Michael Cresitello—Professional Services Agreement

R-15-13

WHEREAS, the Township of Randolph (“Township”) requires Prosecutor services for calendar year 2013; and

WHEREAS, the Township has agreed to retain DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis, Lehrer & Flaum, P.C. located at 15 Mountain Boulevard, Warren, NJ 07059 to provide the necessary Prosecutor services for a total amount not to exceed $27,000 and Special Session Services for an amount not to exceed $4,000 annually ($500 per Special Session up to four hours plus $135 per hour in excess of 4 hours); and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined and certified in writing that the value of these services will exceed $17,500; and,

WHEREAS, the contract with DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis, Lehrer & Flaum, P.C. is for a total amount not to exceed $27,000 and Special Session Services for an amount not to exceed $4,000 annually ($500 per Special Session up to four hours plus $135 per hour in excess of 4 hours) and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis, Lehrer & Flaum, P.C. submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis, Lehrer & Flaum, P.C. has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:

1. The Township hereby hires, employs and retains DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis, Lehrer & Flaum, P.C. having an office at 15 Mountain Boulevard, Warren, NJ 07059 to provide Prosecutor services for calendar year 2013.

2. DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis, Lehrer & Flaum, P.C. shall be compensated for a total contract amount not to exceed $27,000 and Special Session Services for an amount not to exceed $4,000 annually ($500 per Special Session up to four hours plus $135 per hour in excess of 4 hours).

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 1, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the 2013 Budget, Municipal Prosecutor, Other Expense, to award a contract to DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis, Lehrer & Flaum, PC for Prosecutor Services in the amount not to exceed $27,000 and Special Sessions Services for an amount not to exceed $4,000.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-25-275-300 = $27,000.
01-201-25-275-301 = $4,000.

9.17 Township Auditor—Nisivoccia and Company—Professional Services Agreement

R-16-13

WHEREAS, the Township of Randolph (“Township”) requires Township Auditor services for calendar year 2013; and

WHEREAS, the Township has agreed to retain Nisivoccia LLP located at 200 Valley Rd, Ste 300, Mt Arlington, NJ 07856 to provide the necessary Township Auditor services for a total amount not to exceed $43,960; and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined and certified in writing that the value of these services will exceed $17,500; and,

WHEREAS, the contract with Nisivoccia LLP is for a total amount not to exceed $43,960 and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Nisivoccia LLP submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Nisivoccia LLP has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:

1. The Township hereby hires, employs and retains Nisivoccia LLP having an office at 200 Valley Rd, Ste 300, Mt Arlington, NJ 07856 to provide Township Auditor services for calendar year 2013.

2. Nisivoccia LLP shall be compensated for a total contract amount not to exceed $43,960.

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 1, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the 2013 Budget, Audit, Other Expense and Water & Sewer, Other Expense, to award a contract to Nisivoccia LLP for Township Auditing Services in the amount not exceed $43,960.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-20-135-300 = $30,986.
05-201-20-135-300 = $12,974.

9.18 Township Engineering Services—Ferriero Engineering—Professional Services Agreement

R-17-13

WHEREAS, the Township of Randolph (“Township”) requires Township Engineer services for calendar year 2013; and

WHEREAS, the Township has agreed to retain Ferriero Engineering located at PO Box 571, 180 Main St, Chester, NJ 07930 to provide the necessary Township Engineer services for a total amount not to exceed $84,000; and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined and certified in writing that the value of these services will exceed $17,500; and,

WHEREAS, the contract with Ferriero Engineering is for a total amount not to exceed $84,000 and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Ferriero Engineering submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Ferriero Engineering has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:

1. The Township hereby hires, employs and retains Ferriero Engineering having an office at PO Box 571, 180 Main St, Chester, NJ 07930 to provide Township Engineer services for calendar year 2013.

2. Ferriero Engineering shall be compensated for a total contract amount not to exceed $84,000.

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 1, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the 2013 Budget, Engineering, Other Expense and Water & Sewer, Other Expense, to award a contract to Ferriero Engineering for Township Engineering Services in the amount not exceed $84,000.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-20-165-070 = $20,000.
05-201-20-100-070 = $64,000.

9.19 Testing of Samples—Garden State Laboratories—Professional Services Agreement

R-18-13

WHEREAS, the Township of Randolph (“Township”) requires Testing of samples collected services for calendar year 2013; and

WHEREAS, the Township has agreed to retain Garden State Laboratories located at 410 Hillside Ave, Hillside, NJ 07205 to provide the necessary testing of samples collected services for a total amount not to exceed $7,803; and

WHEREAS, the contract with Garden State Laboratories is for a total amount not to exceed $7,803 and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Garden State Laboratories submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Garden State Laboratories has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:

1. The Township hereby hires, employs and retains Garden State Laboratories having an office at 410 Hillside Ave, Hillside, NJ 07205 to provide Testing of samples collected services for calendar year 2013.

2. Garden State Laboratories shall be compensated for a total contract amount not to exceed $7,803.

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 1, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the 2013 Budget, Health, Other Expense, to award a contract to Garden State Laboratories for Testing of Samples Collected Services in the amount not exceed $7,803.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-27-330-300

9.20 Webmaster Services for the MCCPC—Paviaweb.com—Professional Services Agreement

R-19-13

WHEREAS, the Township of Randolph (“Township”) requires Webmaster services for the MCCPC for calendar year 2013; and

WHEREAS, the Township has agreed to retain Paviaweb.com located at 14 Allen St, Netcong, NJ 07857 to provide the necessary Webmaster services for the MCCPC for a total amount not to exceed $3,000 ($250 per month); and

WHEREAS, the contract with Paviaweb.com is for a total amount not to exceed $3,000 ($250 per month) and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Paviaweb.com submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Paviaweb.com has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:

1. The Township hereby hires, employs and retains Paviaweb.com having an office at 14 Allen St, Netcong, NJ 07857 to provide Webmaster services the MCCPC for calendar year 2013.

2. Paviaweb.com shall be compensated for a total contract amount not to exceed $3,000 ($250 per month).

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 1, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the 2013 Budget, Administrative & Executive, Other Expense, to award a contract to Paviaweb.com for Webmaster Services for the MCCPC in the amount not exceed $3,000.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-20-100-306

9.21 Webmaster Services for the Township of Randolph—Paviaweb.com—Professional Services Agreement

R-20-13

WHEREAS, the Township of Randolph (“Township”) requires Webmaster services for the Township of Randolph for calendar year 2013; and

WHEREAS, the Township has agreed to retain Paviaweb.com located at 14 Allen St, Netcong, NJ 07857 to provide the necessary Webmaster services for the Township of Randolph for a total amount not to exceed $6,000 ($500 per month); and

WHEREAS, the contract with Paviaweb.com is for a total amount not to exceed $6,000 ($500 per month) and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, Paviaweb.com has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:

1. The Township hereby hires, employs and retains Paviaweb.com having an office at 14 Allen St, Netcong, NJ 07857 to provide Webmaster services for the Township of Randolph for calendar year 2013.

2. Paviaweb.com shall be compensated for a total contract amount not to exceed $6,000 ($500 per month).

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 1, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the 2013 Budget, Administrative & Executive, Other Expense and Water & Sewer, Other Expense, to award a contract to Paviaweb.com for Webmaster Services for the Township of Randolph in the amount not exceed $6,000.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-20-100-305 = $3,000.
05-201-20-100-302 = $3,000.

9.22 Health Specialist Services—Kristine Wilsusen—Professional Services Agreement

R-21-13

WHEREAS, the Township of Randolph (“Township”) requires Health Specialist services for calendar year 2013; and

WHEREAS, the Township has agreed to retain Kristine Wilsusen located at 2 Island Trail, Wharton, NJ 07885 to provide the necessary Health Specialist services for a total amount not to exceed $18,000 ($50 per hour); and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined and certified in writing that the value of these services will exceed $17,500; and,

WHEREAS, the contract with Kristine Wilsusen is for a total amount not to exceed $18,000 ($50 per hour) and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Kristine Wilsusen submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Kristine Wilsusen has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:

1. The Township hereby hires, employs and retains Kristine Wilsusen having an office at 2 Island Trail, Wharton, NJ 07885 to provide Health Specialist services for calendar year 2013.

2. Kristine Wilsusen shall be compensated for a total contract amount not to exceed $18,000 ($50 per hour).

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 1, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the 2013 Budget, Health, Other Expense, to award a contract to Kristine Wilsusen for health Specialist Services in the amount not exceed $18,000.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-27-330-302

9.23 Resolution Authorizing Rescission of a Portion of Vehicle Contract 15A—MCCPC

R-22-13

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Vehicle Contract #15-A (Police Pursuit Vehicles); and

WHEREAS, bids were advertised and received on October 11, 2012, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, the Township awarded Items 4A and 4B in Contract #15-A (Police Pursuit Vehicles) to Carman Dodge on November 8, 2012; and

WHEREAS, the award of Items 4A and 4B to Carman Dodge was immediately contested by a competing vendor; and

WHEREAS, upon extensive research conducted by the MCCPC Administrator, it was determined that the specifications provided do not meet the essential elements of the vehicle intended; and

WHEREAS, the MCCPC needs to substantially revise the specifications; and

WHEREAS, it is recommended that the award of Items 4A and 4B in Contract #15-A (Police Pursuit Vehicles) be rescinded from Carman Dodge.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the rescission of the award of Items 4A and 4B of Contract #15-A (Police Pursuit Vehicles) from Carman Dodge so that the bid specifications can be revised.

9.24 Resolution Authorizing Award/Rejection of Various Contracts

R-23-13

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for the following contracts:

Contract #15-A (Item 5)—Police Pursuit Vehicles
Contract #20-A—Sporting Goods
Contract #23—Police Uniforms & Equipment
Contract #27—Traffic Paint
Contract #41—Purchase of Communications Equipment (Radios)

WHEREAS, bids had been advertised and were received on November 15, 2012, November 16, 2012, and December 27, 2012, on behalf of the MCCPC in accordance with Local Public Contracts Law for the contracts noted above; and

WHEREAS, the Township on behalf of the MCCPC desires to award the contracts to the bidders in the amounts as set forth on the Notification of Award sheets, which are attached as Exhibit A, for Contract #15-A, Contract #20-A, Contract #23, and Contract #41; and

WHEREAS, the bid proposals received for Contract #27 (Traffic Paint) were all non-responsive to the bid specifications and must be rejected.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #15-A, Item 5 (Police Pursuit Vehicles), Contract #20-A (Sporting Goods), Contract #23 (Police Uniforms & Equipment), and Contract #41 (Purchase of Communications Equipment - Radios) as set forth on the attached Notification of Award sheets.

BE IT FURTHER RESOLVED that the bid proposals submitted for Contract #27 (Traffic Paint) are hereby rejected as non-responsive to the bid specifications.

9.25 Conflict Public Defender—James Pryor—Professional Services Agreement

R-24-13

WHEREAS, the Township of Randolph (“Township”) requires Conflict Public Defender services for calendar year 2013; and

WHEREAS, the Township has agreed to retain Law Offices of James Pryor located at 262 E Main St, Rockaway, NJ 07866 to provide the necessary Conflict Public Defender services for a total amount not to exceed $2,500 ($300 per session); and

WHEREAS, the contract with Law Offices of James Pryor is for a total amount not to exceed $2,500 ($300 per session) and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Law Offices of James Pryor submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Law Offices of James Pryor has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:

1. The Township hereby hires, employs and retains Law Offices of James Pryor having an office at 262 E Main St, Rockaway, NJ 07866 to provide Conflict Public Defender services for calendar year 2013.

2. Law Offices of James Pryor shall be compensated for a total contract amount not to exceed $2,500 ($300 per session).

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

9.26 Public Defender—Horam and Aronowitz—Professional Services Agreement

R-25-13

WHEREAS, the Township of Randolph (“Township”) requires Public Defender services for calendar year 2013; and

WHEREAS, the Township has agreed to retain Horan & Aronowitz located at 714A Main St, Boonton, NJ 07005 to provide the necessary Public Defender services for a total amount not to exceed $14,000; and

WHEREAS, the contract with Horan & Aronowitz is for a total amount not to exceed $14,000 and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Horan & Aronowitz submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Horan & Aronowitz has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:

1. The Township hereby hires, employs and retains Horan & Aronowitz having an office at 714A Main St, Boonton, NJ 07005 to provide Public Defender services for calendar year 2013.

2. Horan & Aronowitz shall be compensated for a total contract amount not to exceed $14,000.

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 1, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the General Trust Fund - Public Defender, to award a contract to Horan & Aronowitz for Public Defender Services in the amount not exceed $14,000.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 10-130-05-000-000

10.0 OPEN TO THE PUBLIC

Seeing no one from the public, the public portion was closed.

11.0 ADJOURNMENT

Councilman Guadagno made a motion for adjournment at 2:00 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Guadagno
Councilman Hirniak
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Loveys
Mayor MacArthur

NAYS: None

___________________________
Donna Marie Luciani
Township Clerk