Franklin Township Council Meeting June 13, 2023: Noise Ordinance, Bamboo, Shade Tree Report

The Franklin Township Council held a regular meeting on June 13, 2023, at 7:00 PM. Key actions included adoption of a noise ordinance restricting warehouse operations in the scenic corridor, introduction of two new ordinances, receipt of the Shade Tree Commission report, and public discussion on bamboo infestations and other community issues. The meeting lasted approximately three hours.

Commendations & Proclamations

• Juneteenth 2023 Proclamation was read and presented by Councilman Wright, inviting the community to the parade and festival on June 17, 2023.
• Certificates of Recognition were awarded to volunteers and sponsors of the first Eid celebration held on May 21, 2023.
• Commendation for Laura Johnson honored her service in the Navy Reserves and her historic appointment as the first female commander of VFW Post 911.
• LGBTQ+ Pride Month proclamation was postponed to the next meeting.

Public Hearing & Adoption of Ordinances on Second Reading

Ordinance No. 4413-23 (Noise Ordinance Amendment)

• Public Testimony:
  • Supporters: Howard D. Cohn (Canal Walk HOA), Michael Gann (Citizens Warehouse Action Group), Gene Bove (acoustics expert), and multiple residents testified in favor. They cited health impacts of noise pollution, provided decibel measurements from warehouse activities, and referenced New Jersey State Planning Commission guidelines. Residents argued the ordinance would protect health, safety, and quality of life.
  • Opponent: John DeLuca (attorney for B9 School House Zone R LLC, a warehouse developer) argued the ordinance constitutes inverse spot zoning and improperly restricts use rather than noise levels. He suggested expanding allowed hours to avoid rush-hour congestion.
  • Public rebuttal: Residents corrected claims that opposition was widespread and clarified the ordinance applies broadly, not solely to B9.
• Council Discussion: Mayor Kramer invited the developer to attend the June 21 planning board meeting to hear resident concerns. Councilman Wright expressed concern about existing warehouses near Churchill Avenue and voted no.
• Vote: 8–1 (Councilman Wright opposed). The ordinance was adopted.

Ordinance No. 4414-23 (Conservation Easement – Franklin Storage LLC)

• No public comment. Adopted unanimously (9–0).

Public Discussion

• Bamboo Infestation: Three residents (Barbara Jennings, a neighbor, and Wintraud Thomas) requested an ordinance to control running bamboo, citing property damage and expense. Township Manager Robert Vornlocker noted the Township Attorney is researching options, referencing a Denville ordinance as a model.
• Parking Lot Lighting: A resident requested improved lighting in the municipal lot near the gas pumps. Council acknowledged and will address.
• Planning Board Meeting Capacity: Jan Brandt requested better seating and parking for the June 21 planning board meeting on the B9 warehouse application. The Mayor reported that seating will be reconfigured to add more rows.
• First Amendment Incident: Michael Hampton criticized the Mayor and Town Manager for attempting to cut off his speech and for threatening to call police. The Township Attorney cited case law (Grant v. Slatterly) affirming the right to control decorum. Councilwoman Francois and Councilwoman Pruitt expressed disapproval of the incident.

Council Comments & Reports

• Councilman Wright urged attendance at Juneteenth events and explained his no vote on the noise ordinance, citing impacts on his ward's existing warehouses.
• Councilwoman Udeen wished a happy Father's Day.
• Councilman Vassanella thanked participants in the Memorial Day parade and noted the bamboo issue will be reviewed by a committee.
• Councilwoman Francois acknowledged resident engagement at planning board meetings and commented on the incident with the resident.
• Councilwoman Pruitt emphasized the importance of showing up and advocating, urging Canal Walk supporters to help other affected communities.
• Councilman Oni Jaka raised a road ownership issue in Rolling Hills; the manager clarified that the HOA maintains the road.
• Councilmember Pataznik discussed climate change, air quality, and the upcoming energy aggregation contract (Consent Agenda item U).
• Deputy Mayor Barrison mentioned travel and thanked residents.
• Mayor Kramer announced plans to purchase low-cost air quality sensors (PurpleAir) and place them at schools, Canal Walk, Somerset Run, and public works to monitor PM2.5 from warehouses.

Shade Tree Commission Report (Stephen Gillooly, Chair)

• The commission is responsible for trees on public property, working with DPW.
• Key Statistics: Tree canopy fell from 39% (2016) to ~35% currently; goal is 42%.
• Accomplishments: Maintained Tree City USA designation (21 years), updated recommended/do-not-plant lists, planted Salem Oak at municipal building, increased tree replacement fees.
• Challenges: Updating tree inventory and community forestry plan (due next year), ensuring new trees survive.
• Goals: Increase canopy in developed areas (e.g., Hamilton Street, JFK Boulevard), work with schools, reinvigorate spring tree sale, and recruit volunteers.
• Commission meets fourth Thursday monthly; openings available.

Approval of Minutes

• Minutes of May 23, 2023 work session/regular meeting approved unanimously (9–0).

Approval of Warrants

• Warrants totaling $19,048,354.72 approved unanimously (9–0).

Ordinances on Introduction & First Reading

Ordinance No. 4415-23 (Water Pump Station Easement – Laurel Avenue Corp.)

• Introduced; public hearing set for June 27, 2023. Passed 9–0.

Ordinance No. 4416-23 (Dog/Cat Bite Procedure Amendment)

• Amends Chapter 115 to include bites to other animals (not just humans), per Animal Control Officer's request regarding rabies quarantine. Introduced; public hearing June 27, 2023. Passed 9–0.

Consent Agenda

• All 23 items (Resolutions #23-213 through #23-239) were approved en bloc unanimously (9–0). Notable items included:
  • Release of performance guarantees for Bridge Point Somerset ($287,586.06) and Harbor Group ($86,859.00)
  • Award of state contract for police vehicle outfitting ($60,591.91)
  • Award of bid for a new DRW chassis cab ($87,627.00)
  • Amendment to Township Attorney contract (increase from $270,000 to $370,000)
  • Affordability downpayment assistance grant ($12,245.00)
  • Several special event permits (Juneteenth, temple anniversary, music festivals, back-to-school, etc.)
  • Stormwater facility maintenance agreements
  • Award of energy consultant contract (Gabel Associates) for municipal energy aggregation program
  • Acceptance of furniture donation from Prudential for Police Department

Key Outcomes

• Adopted: Ordinance 4413-23 (noise restrictions in scenic corridor) 8–1; Ordinance 4414-23 (conservation easement) 9–0.
• Introduced: Ordinances 4415-23 and 4416-23 (first reading, public hearings June 27).
• Consent Agenda: All 23 resolutions approved.
• Bamboo Ordinance: Township Attorney to research and report on possible ordinance.
• Planning Board Seating: Reconfiguration to add rows for June 21 meeting.
• Air Quality Monitoring: Mayor to deploy PurpleAir sensors at schools and community locations.
• Shade Tree Commission: Received report; will update inventory and forestry plan; new volunteers welcome.
• No executive session. Meeting adjourned.