Franklin Township Council Regular Meeting - August 9, 2022

The Franklin Township Council held its regular meeting on Tuesday, August 9, 2022, at 7:00 p.m. in the municipal building council chambers. The meeting included four commendations and proclamations, extensive public comment focused on warehouse development and road safety, passage of the FY2022 Community Development Block Grant (CDBG) Annual Action Plan, final adoption of one ordinance, introduction of six ordinances on first reading, and approval of a 32-item consent agenda that included a resolution opposing the CPV Keasbey power plant.

Commendations & Proclamations

• Councilwoman Francois presented a Prostate Cancer Awareness Day Proclamation; no representative was present to receive it.
• Mayor Kramer presented the East Millstone First Aid Squad 75th Anniversary Proclamation. The squad, incorporated June 10, 1947, began with 21 charter members and currently has 56 members (46 riding members, 26 EMTs, and 16 cadets), providing free basic life support services with two ambulances stationed on the east and west sides of the township. Squad representatives thanked the council and urged residents to volunteer.
• Mayor Kramer presented the Americans with Disabilities Act 32nd Anniversary Proclamation, marking July 26, 2022.
• Councilman Onyejiaka welcomed Nigerian kings and West African community representatives, including the King of the Arumoko Kingdom of Ekiti State, Nigeria. The King received a key to the township and bestowed a chiefly title on Mayor Kramer.

Public Comments & Testimony

• Beverly Rabinovitz (67 Bayard Road, Canal Walk) described repeated incidents of 18-wheelers idling on both sides of Randolph Road, forcing cars to drive in the center of the road, and urged stiff fines on Amazon and better planning for warehouse-related truck traffic.
• Vidhu Goyle (37 Julie Court) reported that on July 21, 2022, her daughter's car went into the canal at the Jox Lane/Canal Road intersection because of a missing guardrail, tree-obscured stop sign, and no lighting. Her daughter escaped using a window-break tool and swam to safety. Township Manager Vornlocker said the guardrail type is dictated by the Delaware and Raritan Canal Commission, the contractor lacks materials due to supply-chain shortages, and a purchase order for full replacement was approved two weeks earlier; the traffic department will study additional safety measures. Councilwoman Francois urged interim steps (cutting trees, adding lights) while the guardrail is pending.
• Evelyn Silverstein (11 Hardenburg Street, Canal Walk) urged the NJDEP to hold an environmental justice hearing on the Mettlers/Schoolhouse warehouse project and to extend the public comment period on the wetlands waiver, calling the project "the wrong development in the wrong place at the wrong time" and citing Branchburg's 2020 ordinance removing warehouse uses.
• John Lowe Prestie (22 Pain Way, Canal Walk) read a letter from Jay Wald (19 Patriots Way, Canal Walk) arguing that placing tractor trailers near senior drivers is "unconscionable" and contrary to the council's duty to maintain road safety.
• Kiki Anastasicus (3204 Enclave Circle, Canal Walk), of the Citizens Warehouse Action Group, objected to two proposed warehouses at Mettlers and Schoolhouse Roads totaling 240,000 square feet, affecting approximately 2,000 Canal Walk seniors aged 65 and above. She also cited a Duke Realty proposal of approximately 2 million square feet near Elizabeth Avenue Elementary School (600+ students) and quoted EPA findings on diesel exhaust harm to children and the elderly.
• Toby Kramer (55 Bryan Court, Canal Walk) described three or four near-misses in the past month, including having to back up six or seven car lengths to allow a tractor trailer to turn at Weston Canal onto Schoolhouse Road, and demanded immediate changes at that intersection.
• Sally Zaharczyk (Fort Constitution Way, Canal Walk) cited her husband's and son's early-onset prostate cancer and a geneticist's statement that New Jersey is "the cancer capital of the world," urging public health to be a top council priority.
• A Canal Walk resident argued that the Mettlers Road B9 project should be seriously modified or rejected under the township's scenic corridor ordinance, which references naturalized landscaping at least five times and requires enhancing visual characteristics.
• Janet Goldstein (47 Saratoga Drive, Canal Walk) criticized the Planning Board's August 3 meeting, saying public speakers were denied their allotted two minutes until the applicant's attorney intervened, and asserted that appointed board members must hear the public in a democracy.
• Jim Salomos (7315 Minuteman Lane, Canal Walk) expressed concern about the 20 adult-use marijuana applications in the township and asked how the council would enforce underage-use laws. Mayor Kramer responded that the township is in compliance with state law, that marijuana is available through delivery services and neighboring towns regardless, and that preventing local sales would not reduce youth access.
• Nicole Velba (19 Mayher Road), an employee of Elizabeth Avenue School, objected to a proposed warehouse the size of six football fields on the side and behind the school, encompassing the playground, citing emissions, safety, and direct access from warehouse employees to school grounds.
• Linda Powell (22 Buffer Drive) urged passage of the resolution opposing the CPV Keasbey power plant, described health risks from benzene and particulate matter, supported the Community Energy Aggregation ordinance as a route to cleaner energy for residents without solar panels, and publicized upcoming NJDEP hearings on a compressor station.
• Charlie Cradoville, Central Jersey organizer with Food & Water Watch (New Brunswick), stated the proposed 630-megawatt CPV plant would emit up to 2.37 million additional tons of greenhouse gases per year plus 148 tons of nitrogen oxides, 125 tons of ammonia, 123 tons of particulate matter, 110 tons of carbon monoxide, and other pollutants. He noted Franklin would be the fifth municipality to oppose the plant and that Middlesex County already has six operational fossil-fuel power stations.
• Nigel Sabot (146 Emerson Road, Somerset) congratulated the council on the CPV Keasbey resolution and energy aggregation ordinance but called the unrepaired guardrail "unacceptable" and urged the council to continue resisting fossil-fuel expansion.
• Laurence Rivera (29th Saratoga, Canal Walk) asked "when is enough enough" regarding warehouse development, questioned what percentage of warehouse tax revenue offsets health and aesthetic damages, and asked what happens when warehouses become derelict.
• Shirley Tallman (57 Tallman Lane) presented photographs of 18-wheelers on Randolph Road parked on the wrong side of the road, idling, and blocking lanes, and insisted the township control the problem. Township Manager Vornlocker stated police have met with Amazon management but noted Randolph Road is a commercial corridor where multiple businesses and warehouses receive deliveries.
• Jan Brandt (22 Bryant Court, Canal Walk) criticized the council for passing a December 8, 2020 zoning ordinance during peak COVID conditions, which she said relaxed warehouse limits (height, lot coverage, lot size from five to two acres) and led to warehouses the size of six football fields. She called for a moratorium on warehouse development, saying the public was not adequately notified and the council "misled the public."
• Jim Johnson (34 Norwich Place) corroborated criticism of the August 3, 2022 Planning Board meeting, saying appointed members treated the board as their "own personal kingdom" and spoke to the public in a condescending manner.

Council Comments & Reports

• Councilman Pataznik reported attending an event with Senators Menendez and Booker on the Inflation Reduction Act (including a $2,000 prescription drug cost cap, $35 insulin for Medicare recipients, and $370 billion in climate investments). He expressed support for the energy aggregation ordinance and the Keasbey resolution and clarified that the 20 marijuana applications are not expected to all be licensed or located in Franklin.
• Councilman Anbarasan reported on the Human Relations Commission's July 27 meeting on school security following Uvalde, the Sewerage Authority's August 2 meeting on a proposed budget with approximately a $23-per-year average household rate increase, the opening of Apna Bazaar on Route 27, and a 611-kilowatt solar installation at the Center School (equivalent to offsetting 112 cars for a year). He acknowledged the August 3 Planning Board meeting "got out of hand" and said steps have been taken to prevent a recurrence.
• Councilwoman Francois insisted on interim safety measures at Canal Road/Jox Lane while awaiting guardrail replacement.
• Councilman Vasanella reported from the Public Works Committee meeting: paving remains on track for the most aggressive paving year in Franklin's history; water meters will be located in the right-of-way at no cost to homeowners; and park water fountains can be retrofitted for dogs for hundreds rather than thousands of dollars.
• Councilwoman Adine thanked Canal Walk residents for their advocacy and encouraged residents to support new businesses.
• Councilman Wright promoted Week of the People events (August 13 at Naaman Williams Park, August 14 at Bascom Park, August 20 at Inman Park), a Sister to Sister cancer-screening 5K event, and a law enforcement information session tentatively scheduled for September 22 in council chambers.
• Mayor Kramer said he would personally visit Randolph Road during peak traffic times, and stated that he cannot legally stop the B9 warehouse project (citing state law and the Fifth Amendment) but that staff will continue working to modify and minimize it.

Township Manager's Report

• Property tax bills (third/fourth quarters of 2022 and first two quarters of 2023) will be mailed by August 10, with the grace period extended to September 6, 2022, due to the state's late certification of tax rates. Online payment is available.
• NJDEP and the Governor declared a statewide drought watch; residents are asked to conserve water, and further restrictions will take effect under the township ordinance if the state elevates the watch to a drought warning.

2022 Community Development Block Grant (CDBG) Annual Action Plan

• A public hearing was opened; no one spoke. The township received $312,761 from HUD for services to low- and moderate-income residents, primarily in East Franklin. Recommended allocations include: Wallett's Community Senior Housing Center ($44,059, kitchen/bathroom upgrades); Center for Great Expectations ($14,288, transitional housing flooring); Sisters Network of Central New Jersey ($10,000, tree removal/site revitalization); Franklin Township Food Bank ($23,000, air curtain and electrical upgrades); Middle Earth ($4,350, youth readiness); Home Sharing ($10,000, homeless match services); Central Jersey Housing Resource Center ($6,314); Great Expectations Katie's Place Childcare Program ($20,000); Franklin Food Bank community farm ($1,500); and Sister to Sister ($4,750). $58,000 originally designated for the housing rehabilitation program was moved to create an $111,948 pool for sidewalk improvements in the East Franklin CDBG target area, with an additional $26,000 reprogrammed from CDBG years 2018 and 2019.
• Resolution #22-321 (approving the FY2022 CDBG Action Plan filing) passed 6-0-1; Councilman Vasanella abstained.

Approval of Minutes and Warrants

• All minutes on the agenda (executive session March 8; work session/regular meeting March 22; work session/regular and executive session May 24; work session/regular June 14; special meeting June 20; work session/regular June 28; special meeting July 6; work session/regular July 12; special meeting July 19, all 2022) were approved unanimously.
• Warrants totaling $26,427,788.83 were approved unanimously.

Ordinances

• Public Hearing and Adoption on Second Reading: Ordinance No. 4373-22 (adding a handicapped parking space at 28 Roberts Road to Chapter 226, Vehicles and Traffic) was adopted unanimously after no public comment.
• Ordinances on Introduction and First Reading (all passed unanimously and scheduled for public hearing and final adoption on September 13, 2022 at 7:00 p.m.):
  • Ordinance No. 4374-22 removes the prohibition on public speeches/rallies in parks (Chapter 260-6) to comply with the First Amendment.
  • Ordinance No. 4375-22 adds a new Chapter 235 regulating the Municipal Gazebo, including permit requirements, fees, a $300 refundable deposit, and a ban on political rallies on primary and election days.
  • Ordinance No. 4376-22 updates police department language (Sections 50-7, 50-11, 50-12) to reflect the public safety director structure.
  • Ordinance No. 4377-22 adds Mettlers Road to the list of streets where stopping or standing is prohibited at all times (Section 226-10).
  • Ordinance No. 4378-22 grants a sump pump easement to Fannier Fernandez-Nunez for a discharge pipe at 16 Woodlawn Road (Block 380, Lot 13).
  • Ordinance No. 4379-22 authorizes a referendum on establishing a Community Energy Aggregation Program. Bids would be required to be at least 5% below PSE&G rates and contain at least 10% greater renewable energy content than the state's renewable portfolio standard (currently approximately 34%), with an opt-in option for 100% renewable energy at an additional cost.

Consent Agenda

• The full consent agenda (Resolutions #22-289 through #22-320) was approved unanimously, including: Resolution #22-308 opposing the construction of the CPV Keasbey power plant in Woodbridge; certification of the CY2021 municipal audit and corrective action plan; confirmation of Carl Eby as Deputy Tax Assessor; award of bids for automobile body repair (DGL Raftopoulous d/b/a Maaco Collision, up to $75,000/year), HVAC emergency repairs (McCloskey Mechanical, up to $100,000/year), cloud-based access control (Fortress Controls, $173,875), janitorial services (Kleen-Tech Services, $249,222), and Butler Road area resurfacing (Fischer Contracting, $491,933.38); two affordability downpayment assistance grants (133 Sapphire Lane, $12,396; 80 Gregory Lane, $12,766); lighting projects at the DPW parking lot ($21,175) and Community Resource Bureau parking lot ($14,450); a contract with NJDCA for the Low Income Household Water Assistance Program (LIHWAP); release of multiple performance guarantees; special event permits for Week of the People events and a food truck festival at Snyder's Farm; and refunds of construction water meter escrows. Councilman Vasanella noted the LIHWAP program's value in helping water customers with pandemic-related arrears.

Boards, Commissions and Committees

• Damayanti Chivakula was nominated and approved by acclamation as a commissioner on the Human Relations Commission.

Key Outcomes

• Ordinance No. 4373-22 (handicapped parking at 28 Roberts Road) was adopted on final reading unanimously.
• Six ordinances (Nos. 4374-22 through 4379-22) passed first reading and were scheduled for public hearing and final adoption on September 13, 2022.
• Resolution #22-321 (FY2022 CDBG Action Plan) passed 6-0-1, with Councilman Vasanella abstaining.
• All listed meeting minutes and warrants totaling $26,427,788.83 were approved.
• The consent agenda, including Resolution #22-308 opposing the CPV Keasbey power plant, was approved unanimously.
• The council directed staff to implement interim safety measures at the Jox Lane/Canal Road intersection while awaiting guardrail replacement, and the traffic department will study further improvements.
• Damayanti Chivakula was appointed to the Human Relations Commission.
• No executive session was held; the meeting was adjourned.