BERNARDS TOWNSHIP

ZONING BOARD OF ADJUSTMENT

RE-ORGANIZATION MEETING - MINUTES

JANUARY 5, 2005 

 

 

Acting Chair Barbara Kleinert called the meeting to order at 7:35 p.m.

 

Flag Salute

 

OPEN MEETING STATEMENT

The Acting Chair read the following statement: 

 

“In accordance with the requirements of the Open Public Meetings Law, notice of this regular meeting of the Board of Adjustment of the Township of Bernards was posted on the bulletin board in the reception hall of the Municipal Building, Collyer Lane, Basking Ridge, New Jersey; was mailed to the Bernardsville News, Bernardsville, New Jersey; the Courier News, Bridgewater, New Jersey; and was filed with the Township Clerk all on December 13, 2004.

 

We received no requests for individual notice.”

 

 

OATHS OF OFFICE

Counselor Bitar swore in the following members:

 

James Ray, four-year term expiring 12/31/2008

Carolyn Gaziano, four-year term expiring 12/31/2008

Samuel Cicalese, Alternate 1, one-year term expiring 12/31/2006

Chris Kirkwood, Alternate 2, one-year term expiring 12/31/2006

 

ROLL CALL:

Members Present:             Gaziano, Juechter, Kleinert, Kvederas, Plaza, Ray, Cicalese,

Kirkwood

Members Absent:              Lafakis

 

Also Present:  Counsel Thomas Bitar and Assistant Planner David Schley

 

 

CHAIRMAN OF THE BOARD

The Acting Chair called for nominations for the office of Chairman of the Board for the year 2005.

 

Moved by Ms. Gaziano and seconded by Mr. Ray that Donald Juechter be nominated for the office of Chairman of the Board, term to expire 12/31/05.

 

Roll call:

Aye:     Gaziano, Juechter, Kleinert, Kvederas, Plaza, Ray, Cicalese

            Motion carried.

 

 

VICE-CHAIRMAN OF THE BOARD

Chairman Juechter called for nominations for the office of Vice Chairman of the Board, term to expire 12/31/05.

 

Moved by Mr. Plaza and seconded by Ms. Kleinert that Thomas Kvederas be nominated for the office of Vice Chairman of the Board, term to expire 12/31/05.

 

Roll call:

Aye:     Gaziano, Juechter, Kleinert, Kvederas, Plaza, Ray, Cicalese

            Motion carried

 

 

SECRETARY OF THE BOARD

Chairman Juechter called for nominations for the office of Secretary of the Board for 2005 term to expire 12/31/05.

 

Moved by Ms. Kleinert and seconded by Mr. Ray that Frances Florio be nominated for the office of Secretary of the Board, term to expire 12/31/05.

 

Roll call:

Aye:     Gaziano, Juechter, Kleinert, Kvederas, Plaza, Ray, Cicalese

            Motion carried

 

 

COUNSEL OF THE BOARD

Chairman Juechter read the following resolution:

 

BE IT RESOLVED, by the Board of Adjustment of the Township of Bernards (herein “Board”), Somerset County, New Jersey, as follows:

 

WHEREAS, the Board wishes to engage the services of an attorney to perform legal services as required for the year 2005, which is a “professional service” as defined by N.J.S.A. 40A:11-2(6), and which is permitted by N.J.S.A. 40A:11-5(1)(a) to be contracted for without public bidding; and

 

WHEREAS, the Board has special confidence in the firm of Dillon, Bitar & Luther by reason of the special knowledge and experience demonstrated by the firm and further by reason of the scope of services and schedule of compensation proposed by the firm;

 

NOW THEREFORE, BE IT RESOLVED that the Board engage the firm of Dillon, Bitar & Luther as its legal counsel for the year 2005, with Thomas J. Bitar, Esq., of that firm designated as the individual specifically authorized to act in the Board’s behalf and, in his absence any other attorney in that firm as he may designate.

 

BE IT FURTHER RESOLVED, that the Chairman is authorized to execute a contract for the services of Dillon, Bitar & Luther, which contract shall be available for inspection at the Municipal Offices during regular business hours.

 

BE IT FURTHER RESOLVED, THAT Notice of this Resolution and the terms of the contract for services be published once in an official newspaper of the Board, as required by N.J.S.A. 40A:11-5(1)(a)(I).

 

Moved by Ms. Kleinert and seconded by Mr. Kvederas that the resolution be approved as read.

 

Roll call:

Aye:     Gaziano, Juechter, Kleinert, Kvederas, Plaza, Ray, Cicalese

            Motion carried

 

 

ADOPTION OF RULES AND REGULATIONS OF THE BOARD

Counselor Bitar read the following resolution:

 

WHEREAS, N.J.S.A. 40:55D-8(1) requires each municipal agency to adopt reasonable rules and regulations for the administration of its functions, powers and duties; and

 

WHEREAS, N.J.S.A. 40:55D-8(a) further requires that the municipal agency furnish a copy of the adopted rules and regulations to any person upon request;

 

WHEREAS, N.J.S.A. 40:55D-8(a) further requires that the municipal agency’s rules and regulations thereto be maintained in the office of the administrative officer; and

 

THEREFORE, BE IT RESOLVED, that the attached Rules and Regulations for the Zoning Board of Adjustment of the Township of Bernards be and the same are hereby adopted; and

 

BE IT FURTHER RESOLVED that copies of this resolution and copies of the attached said rules and regulations be maintained in the office of the Secretary of the Board of Adjustment and the clerk of the Township of Bernards.

 

Moved by Mr. Plaza and seconded by Mr. Ray that the resolution be approved as read.

Roll call:

Aye:     Gaziano, Juechter, Kleinert, Kvederas, Plaza, Ray, Cicalese

            Motion carried

 

 

ADOPTION OF STATED MEETING DATES

Moved by Mr. Juechter and seconded by Ms. Gaziano that the Board meets at 7:30 p.m. on the first Wednesday after the first Monday of every month on a regular basis in the Municipal Building, Collyer Lane, Basking Ridge.  If necessary, the Board may schedule additional meetings on the second Thursday after the first Monday, except in July, August, and December.

 

Roll call:

Aye:     Gaziano, Juechter, Kleinert, Kvederas, Plaza, Ray, Cicalese

            Motion carried

 

 

Chairman Juechter read the following resolution:

 

 

 

 

 

TOWNSHIP OF BERNARDS

COUNTY OF SOMERSET

STATE OF NEW JERSEY

NOTICE OF SCHEDULED MEETINGS FOR 2005

ZONING BOARD OF ADJUSTMENT

 

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PLEASE TAKE NOTICE that the Zoning Board of Adjustment of the Township of Bernards will meet to discuss or act upon public business at 7:30 p.m. on each of the dates set forth below, at the Municipal Building, Collyer Lane, Basking Ridge, New Jersey:

 

ORGANIZATION MEETING:            January 5, 2005

 

REGULAR MEETING:                January 5, 2005            July 6, 2005

                                                            February 9, 2005            August 3, 2005

                                                            March 9, 2005             September 7, 2005

                                                            April 6, 2005               October 5, 2005

                                                            May 4, 2005                  November 9, 2005

                                                            June 8, 2005                December 7, 2005

 

SPECIAL MEETING:                February 17, 2005            June 16, 2005

                                                            March 17, 2005            September 15, 2005

                                                            April 14, 2005                      October 13, 2005

May 12, 2005                        November 17, 2005

                                                                       

 

Notice of any revisions to the above schedule will be posted, mailed to the newspapers and to those who have so requested as required by law.

 

Moved by Mr. Juechter and seconded by Ms. Kleinert that the preceding resolution be adopted.

Roll call:

Aye:     Gaziano, Juechter, Kleinert, Kvederas, Plaza, Ray, Cicalese

            Motion carried

 

 

ADOPTION OF OFFICIAL NEWSPAPERS

Moved by Mr. Juechter and seconded by Ms. Gaziano that the Bernardsville News, Bernardsville, the Courier News, Bridgewater, and the Star-Ledger, Newark, be designated as the official newspapers for 2005.

 

Roll call:

Aye:     Gaziano, Juechter, Kleinert, Kvederas, Plaza, Ray, Cicalese

            Motion carried

 

 

POLICY OF ADEQUATE NOTICE

Chairman Juechter read the following resolution:

 

WHEREAS, the Open Public Meeting Act, Chapter 231 of the Public Laws of the State of New Jersey requires that henceforth no Public Body shall hold a meeting unless adequate notice thereof has been provided to the public in the manner and under the circumstances therein set forth,

 

NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment of the Township of Bernards that adequate notice, be defined in said Act, be:

 

1.  Posted on the bulletin board in the reception hall of the Municipal Building, Collyer Lane, Basking Ridge,

 

2.  Mailed, telephoned, telexed or hand delivered to the Bernardsville News, Bernardsville, the Courier News, Bridgewater, and the Star-Ledger, Newark, being designated the official newspapers of the Township. 

 

3.  Filed with the Township Clerk.

 

4.  Mailed to any person who has so requested such notice for the forthcoming year upon payment of ten dollars.

 

BE IT FURTHER RESOLVED, that the following notice be posted, mailed and submitted in accordance with said Act.

 Moved by Ms. Kleinert and seconded by Mr. Ray that the preceding resolution be adopted.

Roll call:

Aye:     Gaziano, Juechter, Kleinert, Kvederas, Plaza, Ray, Cicalese

            Motion carried

 

 

ADJOURNMENT

Moved by Mr. Ray and seconded by Mr. Plaza that this re-organization meeting adjourn.  All members were in favor of the motion.

 

 

 

 

                                                            Respectfully submitted,

 

 

 

 

                                                            Frances Florio

                                                            Secretary to the Board