Call to Order

Meeting was called to order by Chairman Theobald at 7:05 p.m. via ZOOM virtual webinar.

Statement of Compliance

Pursuant to the Open Public Meetings Act, adequate notice of this regular meeting has been provided to the public and the press on January 13, 2020 by delivering to the press such notice and posting same at the municipal building.

Attorney Kienz added that notice of the virtual public meeting is in compliance with requirements of NJ Governor’s Executive Order and Department of Community Affairs Legislative Services. Notice was also provided on the Vernon Township website.

Salute to the Flag

Chairman Theobald led the assemblage of the flag.

Roll Call    Also Present
Mayor’s Designee Diane Wexler P   Glenn Kienz, Board Attorney
Craig Williams NP   Cory Stoner, Board Engineer
Councilmember Auberger NP   Jessica Caldwell, Board Planner
Martin Theobald P   Kimberley Decker, Board Secretary
Richard Spoerl NP    
Willard McPeek P    
Andrea Cocula P    
Michael Whitaker NP    
Kristi Raperto NP    
Kelly Mitchell Alternate #1 NP    
Joseph Tadrick Alternate #2 NP    
Paul Mele Alternate #3 P    
Mark Vizzini Alternate #4 P    

Public Participation

Chairman Theobald opened the meeting to the public.

Irene Mills recognized Ms. Decker for organizing the board’s first virtual meeting.

Seeing no one further wishing to participate, Chairman Theobald closed the meeting to the public.

Resolutions

Chairman Theobald stepped down from action on resolutions due to conflict. Attorney Kienz asked for motion to approve resolutions.

LU# 2-91-4 - 2020 Mountain Creek Master Plan Update

Eligible to vote: Wexler, Williams, McPeek, Cocula, Raperto, Mele, Vizzini, Spoerl

Mr. Stoner stated title of resolution needs to be revised to year 2020 instead of 2019.

Motion: Motion was made by Ms. Wexler to approve Resolution LU#2-91-4 with revision noted and was seconded by Ms. Cocula.

ROLL CALL: WEXLER: Y; MCPEEK: Y; COCULA: Y; VIZZINI: Y.

LU# 2-20-1 - Market Square Management, LLC - Block 259, Lots 4-13, - Amended Site Plan and Variance for a Game Room

Eligible to vote: Wexler, Williams, Auberger, McPeek, Cocula, Raperto, Mele, Vizzini, Spoerl

Motion: Motion was made by Ms. Wexler to approve Resolution LU#2-20-1 and was seconded by Mr. McPeek.

ROLL CALL: WEXLER: Y; MCPEEK: Y; COCULA: Y; MELE: Y; VIZZINI: Y.

LU# 12-19-10 - Martin Theobald - Block 57 & 58, Lots 4, 5, & 7, - Minor Subdivision and Amended Site Plan with Variances for a Restaurant/Bar/Brewery, Parking, Mobile Food Vendor, Year-Round Indoor and Outdoor Activities and a Two Family Home in an Existing Building

Eligible to vote: Williams, McPeek, Cocula, Whitaker, Mele, Vizzini, Spoerl

Motion: Motion was made by Mr. Mele to approve Resolution LU#12-19-10 and was seconded by Ms. Cocula.

ROLL CALL: MCPEEK: Y; COCULA: Y; MELE: Y; VIZZINI: Y.

Minutes

March 11, 2020 - Regular Meeting Minutes (Williams, Spoerl, McPeek, Cocula, Whitaker, Vizzini)

Motion: Motion was made by Ms. Cocula to approve regular minutes of March 11, 2020 and was seconded by Mr. McPeek.

ROLL CALL: MCPEEK: Y; COCULA: Y; VIZZINI: Y.

Appendix A: Escrows, Board Fees, Bond Reductions and Escrow Closures

  1. Board Fees
    1. Board Attorney: Glenn Kienz, Weiner Law Group LLP
      1. Land Use Board Business - Services through 2/26/20 ($32.00)
      2. Land Use Board Business - Services through 3/11/20 ($596.00)
      3. Land Use Board Business - Services through 3/26/20 ($132.50)
      4. Martin Theobald - LU# 12-19-10 - Services through 3/26/20 ($800.00)
      5. Martin Theobald - LU# 12-19-10 - Services through 2/26/20 ($48.00)
      6. Market Square Manag. LU# 2-20-1 - Services through 2/18/20 ($45.00)
      7. Market Square Manag. LU# 2-20-1 - Services through 3/26/20 ($672.00)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business - Services through 3/30/20 ($615.00)
      2. Land Use Board Business - Services through 3/20/20 ($2437.00)
      3. Suez Water - LU# 10-19-8 - Services through 3/30/20 ($300.00)
      4. Market Square Manag. LU# 2-20-1 - Services through 3/7/20 ($550.00)
      5. Martin Theobald - LU# 12-19-10 - Services through 3/7/20 ($312.50)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business - Services through 2/26/20 ($195.00)
      2. Land Use Board Business - Services through 3/11/20 ($260.00)
      3. NWAC - LU# 11-16-12 - Services through 2/25/20 ($101.20)
      4. Martin Theobald - LU# 12-19-10 - Services through 3/8/20 ($455.00)
      5. Market Square Manag. LU# 2-20-1 - Services through 3/6/20 ($260.00)
      6. Mountain Creek Master Plan Update - PB# 2-91-4 - Services through 2/26/20 ($455.00)
      7. Waheguru Gas - LU# 7-16-5 - Services through 2/24/20 ($101.20)
    4. Board Recording Secretary: Irene Mills ($75.00)

Motion: Motion was made by Ms. Wexler to approve board fees and was seconded by Mr. Mele. All members were in favor except Mr. Theobald who abstained. Motion passed.

  1. Request for Escrows to Be Closed
    1. LU# 3-19-4 - Thomas Lambrinides - Block 206, Lot 4 - Minor Subdivision ($659.75)

Motion: Motion was made by Ms. Cocula to approve request for escrows to be closed and was seconded by Ms. Wexler. All members were in favor. Motion passed.

Attorney Kienz noted that a conflict attorney is needed for proposed Diamond Communications cell tower application being heard at future meeting. Board voted unanimously to retain Ms. Ursula Leo from Laddey, Clark & Ryan Law firm for said application.

Attorney Kienz recommended that due to COVID-19 restrictions on holding public meetings, that the board allow township planner and/or engineer review proposed applications for completeness requirements.

Adjournment

There being no further items of business to be conducted on the agenda, a motion was made by Mr. Mele and was seconded by Ms. Wexler. All members were in favor.

Meeting was adjourned at 7:30 p.m.

Respectfully Submitted
Irene Mills, Recording Secretary