OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Franklin Township Council Meeting - September 13, 2022: Warehouse Moratorium Demands, Cannabis Licensing, and Ordinances

Township Council — Tuesday, September 13, 2022
BodyFranklin Township, New Jersey
SessionTownship Council
DateTuesday, September 13, 2022
StatusFILED
Video Record
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0:00

To the state of New Jersey, adequate notice of this work session regular meeting of the Franklin Township Council was made by the posting on the bulletin board in the municipal building and township website electronically transmitted to the officially designated newspapers, indicating that this work session regular meeting would take place in the municipal building.

0:23

Thank you.

0:23

If we could all rise for the Pledge of Allegiance and then remain standing for Councilwoman Kimberly Francois's invocation.

0:54

Here our supplications and through thy infinite love and mercy graciously grant us the strength and power in our thoughts and decisions to be for the benefit of all people at all times.

1:14

Madam Clerk, please call the roll.

1:16

Councilman Inverrison.

1:18

Councilwoman Francois here.

1:20

Mayor Kramer.

1:21

Councilman Oni Jaka.

1:23

Councilmember Patazni.

1:25

Deputy Mayor Pruitt.

1:28

Councilwoman Edine.

1:29

Here.

1:29

Councilman Vassanova.

1:31

Here.

1:31

Councilman Wright.

1:34

We are on to item number five.

1:37

There are copies of the agenda over there near the clerk and copies of all the ordinances.

1:49

We have none.

1:51

Item number six is public discussion.

1:53

Do we have a motion to open to the public?

1:56

Second.

1:57

Moved in second.

1:58

All in favor say aye.

2:00

Aye.

2:00

Opposed say nay.

2:02

We are open to the public.

2:04

Anyone wishing to speak on matters of government may come to the microphone.

2:08

You may only speak once, no yielding of time.

2:11

Please state your name and address.

2:53

And I specifically would like to read from uh page um 23 with regards to overburdened uh communities.

3:07

Now everybody or or at least several people in this room, including the council, are aware of the fact uh that according to the Department of Environmental Protection, Office of Environmental Uh Justice, uh Franklin Township is on a list that they have compiled of overburdened uh communities.

3:32

And uh that list, the criteria to to be on that list is that uh a significant percentage of the population has to be um below the poverty line.

3:45

Uh they have to be um uh uh uh I believe uh they have to uh also be, yeah, uh here it is low income, sorry, minority or limited English speaking uh populations.

4:00

Uh the Office of Environmental Justice has come up with uh eight uh particular types of facilities that are not permitted in these overburdened uh communities.

4:14

Um and now I'm reading from page 23 now warehouses specifically, which is our problem here in Franklin Township and more particularly in Canal Walk, where I live and many of the people here live, is warehouses.

4:31

Um the last paragraph on page 23 of the New Jersey State Planning Commission Office of Planning Advocacy reads with reference to overburdened communities.

4:44

While warehouses are not included in the list of eight types of facilities specified under the law, um a warehouse is not in and of itself a producer of pollution.

5:00

There is no denying that warehouse operations serve to increase track traffic volume.

5:05

This increased traffic volume increases mobile sources of air pollution and greenhouse gas emissions when they are located near communities already disproportionately impacted by by environmental harms and risks.

5:20

Recognizing these and other public health stressors, municipalities whose overburdened with overburdened communities should at a minimum consider zoning changes as part of a master plan re-examination process to exclude certain types of distribution warehouse facilities, parentheses, for example, above 75,000 to 100,000 square feet, including those above three stories.

6:05

Now I'm sure the council is aware that the planning commission's document is a state guideline.

6:15

It is not a law.

6:19

But it has a guideline a certain significance for municipalities, despite home rule, the state is moving clearly in by establishing the Office of Environmental Justice and by approving and adopting this document is moving in the direction of trying to protect overburdened communities like Franklin from an excessive number of warehouses, especially those that are most commonly in what we see being built in our community over 100 square feet by and large, and over three stories.

7:05

So for example, the warehouses that are proposed in the two applications for uh schoolhouse metlers and the recent application for the 600,000 square foot uh warehouse uh immediately adjacent to these warehouses on Mettlers and Weston in the uh former in the current horse farm exceed these criteria.

7:31

So as a member of the warehouse action citizens warehouse action group, I would like to request that this council stops any further building of warehouses until uh local ordinance is adopted to examine what is the impact of these humongous warehouses that we see in our part of Franklin Township.

8:06

Thank you, your time is up, and how it affects the different groups in our township.

8:11

Thank you very much.

8:31

And sometimes the uh procedure rules are a little different.

8:35

I have a comment and a question.

8:37

Is that allowed?

8:38

Uh if I can fit it within a reasonable amount of time.

8:43

I think that's the mayor.

8:45

Mayor Kramer, what do you think?

8:48

But if you ask a question and want it to be answered while you're there, the time that's taken to make the to answer it is out of your time.

8:56

Okay, well, you know that I normally don't read from a script, but I'm going to to try to stay on track, okay.

9:05

My comment, my comment only.

9:08

Name and address.

9:09

Shirley Tallman, uh, and I'm on 57 Talman Lane in Canal Walk.

9:16

And good evening.

Discussion Breakdown — Share of Meeting
Public Engagement███████████████15%
Cannabis Regulation██████████████14%
Warehouse Development███████████11%
Traffic Safety█████████9%
Procedural██████6%
Environmental Protection██████6%
Zoning Regulations██████6%
Public Works██████6%
Public Safety█████5%
Summary of Proceedings

Franklin Township Council Regular Meeting – September 13, 2022

The Franklin Township Council convened for a work session and regular meeting on September 13, 2022. The meeting featured extensive public comment on warehouse development, cannabis licensing, traffic safety, and environmental concerns. The council adopted several ordinances and approved the consent agenda with two cannabis-related resolutions pulled for a separate vote.

Consent Calendar

  • Resolutions 22-322 through 22-348 were approved as a block, covering tax and water lien redemptions, refunds, hardship adjustments, competitive contracts (e.g., Internet-based tax sale, Middlebush Park driveway resurfacing, Matilda Ave area resurfacing, water main replacement, Naaman Williams Park court reconstruction, in-car video cameras), performance guarantee releases, special event permits (Kallol of NJ community dinner, Franklin Food Bank outdoor concert, Gym Hazrd promotional event), and other routine matters.
  • Resolutions 22-340 (cultivator/manufacturer/wholesaler/distributor licenses support) and 22-341 (retail licenses support) were pulled from the consent agenda and voted on separately.

Public Comments & Testimony

  • Warehouse Opposition: Multiple Canal Walk residents (e.g., Marlon Kwan, Shirley Tallman, Evelyn Silverstein) urged a moratorium on warehouse construction, citing environmental justice concerns, traffic, noise, and air pollution. They criticized the planning board's impartiality and questioned the adequacy of traffic impact studies. Township Manager Vornlocker stated that the council cannot overrule the planning board but that he reviewed the B9 Schoolhouse application and ensured staff recommendations (e.g., a left-turn-only driveway). He noted the township has been sued six times over warehouses and cannot comment on active litigation. Mayor Kramer confirmed that the council appoints planning board members, but the board operates autonomously.
  • Cannabis Licensing: Speakers Benjamin Guy, Andrew Wallace, and others asked to remove resolutions 22-340 and 22-341 from the consent agenda for public discussion, citing concerns about equity, concentration in Ward 4 near a youth center, and lack of community benefit. The council clarified that the resolutions only certify zoning compliance; the state issues licenses and limits the number (potentially up to six total for all license types). Councilman Wright noted the city can later regulate hours and locations. The resolutions passed with Councilwoman Francois voting no and Councilman Wright abstaining.
  • Traffic and Safety: Residents like Toby Kramer and Roberta Henry demanded traffic reports and asked about truck routing. Manager Vornlocker confirmed that all large applications include traffic impact assessments available for public review. Councilman Embarrasson reported that a guardrail on Jackson Lane was repaired, and the county is studying Eastern Avenue safety with a federal grant.
  • Other Concerns: Anne Bosenberg and a neighbor asked for a smoke/odor ordinance after prolonged fire pit smoke. Resident Darlene Stewart questioned the lack of cumulative pollution studies for warehouses. Several residents praised recent road paving and the 9/11 memorial service.

Discussion Items

  • Manager's Report: Vornlocker reviewed the scenic corridor requirements for the B9 Schoolhouse parcel, noting that staff reviews (planning, engineering, health) are complete and the design must be shifted 100 feet. He also announced the September 24 Franklin Day event and thanked those involved in the 9/11 ceremony.
  • Council Reports:
    • Councilman Wright clarified that cannabis resolutions are not new; the council has previously certified applicants. He promoted a public safety town hall on September 22.
    • Councilwoman Francois highlighted youth center programs and upcoming events.
    • Councilman Embarrasson noted the Diwali celebration on October 22 and the progress on converting Tulipwood into an RVCC satellite campus using ARP funds.
    • Councilman Vasanella discussed road paving projects and the public works committee.
  • Ordinances: The council held public hearings and adopted six ordinances on second reading:
    • 4374-22: Amends park rules to align with First Amendment (allows public speeches).
    • 4375-22: Establishes rules for use of the Municipal Gazebo.
    • 4376-22: Cleans up police department promotion language.
    • 4377-22: Adds Mettlers Road (Weston to Schoolhouse) to no stopping/standing.
    • 4378-22: Grants a sump pump easement for 16 Woodlawn Road.
    • 4379-22: Authorizes a November 2022 ballot referendum on a community energy aggregation program (with amendment to exempt 100% renewable option from the 5% savings cap).
  • First Reading Ordinances: Introduced 4380-22 (vacation accrual cap) and 4381-22 (sick leave/vacation at retirement policy) for public hearing on September 28.

Key Outcomes

  • Consent Agenda Approved: All items except R and S adopted unanimously. Resolutions 22-340 and 22-341 passed (6-1-1: Francois no, Wright abstain).
  • Ordinances Adopted: All six second-reading ordinances passed unanimously.
  • Ordinances Introduced: 4380-22 and 4381-22 set for public hearing on September 28, 2022.
  • Executive Session: Authorized resolution 22-349 to discuss pending litigation (Ordinance No. 4371-22).
  • Next Steps: The council will continue to monitor planning board activities and cannabis licensing outcomes; a public safety town hall is scheduled for September 22.

Meeting Transcript

To the state of New Jersey, adequate notice of this work session regular meeting of the Franklin Township Council was made by the posting on the bulletin board in the municipal building and township website electronically transmitted to the officially designated newspapers, indicating that this work session regular meeting would take place in the municipal building. Thank you. If we could all rise for the Pledge of Allegiance and then remain standing for Councilwoman Kimberly Francois's invocation. Here our supplications and through thy infinite love and mercy graciously grant us the strength and power in our thoughts and decisions to be for the benefit of all people at all times. Madam Clerk, please call the roll. Councilman Inverrison. Councilwoman Francois here. Mayor Kramer. Councilman Oni Jaka. Councilmember Patazni. Deputy Mayor Pruitt. Councilwoman Edine. Here. Councilman Vassanova. Here. Councilman Wright. We are on to item number five. There are copies of the agenda over there near the clerk and copies of all the ordinances. We have none. Item number six is public discussion. Do we have a motion to open to the public? Second. Moved in second. All in favor say aye. Aye. Opposed say nay. We are open to the public. Anyone wishing to speak on matters of government may come to the microphone. You may only speak once, no yielding of time. Please state your name and address. And I specifically would like to read from uh page um 23 with regards to overburdened uh communities. Now everybody or or at least several people in this room, including the council, are aware of the fact uh that according to the Department of Environmental Protection, Office of Environmental Uh Justice, uh Franklin Township is on a list that they have compiled of overburdened uh communities. And uh that list, the criteria to to be on that list is that uh a significant percentage of the population has to be um below the poverty line. Uh they have to be um uh uh uh I believe uh they have to uh also be, yeah, uh here it is low income, sorry, minority or limited English speaking uh populations. Uh the Office of Environmental Justice has come up with uh eight uh particular types of facilities that are not permitted in these overburdened uh communities. Um and now I'm reading from page 23 now warehouses specifically, which is our problem here in Franklin Township and more particularly in Canal Walk, where I live and many of the people here live, is warehouses. Um the last paragraph on page 23 of the New Jersey State Planning Commission Office of Planning Advocacy reads with reference to overburdened communities. While warehouses are not included in the list of eight types of facilities specified under the law, um a warehouse is not in and of itself a producer of pollution. There is no denying that warehouse operations serve to increase track traffic volume. This increased traffic volume increases mobile sources of air pollution and greenhouse gas emissions when they are located near communities already disproportionately impacted by by environmental harms and risks. Recognizing these and other public health stressors, municipalities whose overburdened with overburdened communities should at a minimum consider zoning changes as part of a master plan re-examination process to exclude certain types of distribution warehouse facilities, parentheses, for example, above 75,000 to 100,000 square feet, including those above three stories. Now I'm sure the council is aware that the planning commission's document is a state guideline. It is not a law. But it has a guideline a certain significance for municipalities, despite home rule, the state is moving clearly in by establishing the Office of Environmental Justice and by approving and adopting this document is moving in the direction of trying to protect overburdened communities like Franklin from an excessive number of warehouses, especially those that are most commonly in what we see being built in our community over 100 square feet by and large, and over three stories. So for example, the warehouses that are proposed in the two applications for uh schoolhouse metlers and the recent application for the 600,000 square foot uh warehouse uh immediately adjacent to these warehouses on Mettlers and Weston in the uh former in the current horse farm exceed these criteria. So as a member of the warehouse action citizens warehouse action group, I would like to request that this council stops any further building of warehouses until uh local ordinance is adopted to examine what is the impact of these humongous warehouses that we see in our part of Franklin Township. Thank you, your time is up, and how it affects the different groups in our township. Thank you very much. And sometimes the uh procedure rules are a little different. I have a comment and a question.

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