Franklin Township Council Work Session & Regular Meeting – July 11, 2023

The Franklin Township Council held a work session and regular meeting on July 11, 2023, at 7:00 p.m. in the municipal building. The meeting included the administration of oaths for new police officers and promotions, a public comment period covering the proposed B9 development, burning regulations, road safety, and other community concerns, the introduction of a bamboo ordinance, approval of the Community Development Block Grant (CDBG) 2023 Action Plan, and adoption of a consent agenda comprising over 20 resolutions and two separately voted resolutions related to an American Rescue Plan gunshot detection grant.

Consent Calendar

• All items on the consent agenda (Resolutions #23-254 through #23-284) were approved unanimously. These included:
  • Warrants (bill list) totaling $3,087,629.60
  • Tax title lien redemptions and refunds of tax/water overpayments
  • Water charge adjustments for hardship leaks (four properties)
  • Release of performance guarantees (Mercado – 84 Main St.; PSE&G substation – Belmont Drive)
  • Award of state contracts: Idemia Identity & Security USA LLC for a Livescan system (not to exceed $25,453.00); Motorola Solutions Inc. for 9-1-1 Call Works upgrade ($39,445.79), mobile radios ($32,285.50), and portable radios ($82,035.04)
  • Professional services agreement for engineering consulting services ($700,000) and land surveying services ($500,000) for fiscal year 2023-2024
  • Contract extensions: trash/recycling removal (Republic Services, year 2 – $35,000); HVAC emergency repairs (McCloskey Mechanical, year 2 – $100,000); water meters (Core & Main LP, year 2 – $3,000,000); snow plowing 20 routes (Jersey Sealcoating, year 2 – $225,000); snow removal at municipal complex (Patriot Paving, year 2 – $175,000)
  • Water supply agreement extension with New Brunswick Water (2023-2048) and rate setting for 2023-2027
  • Budget insertions under Chapter 159: Summer Food Service Program grant ($4,480.40); Distributor Opioid Settlement ($66,457.71); Janssen Opioid Settlement ($62,747.50)
  • Authorizations for grant applications: NJDOT road resurfacing (New Brunswick Rd), bikeways (Van Cleef Road), Lead Grant Assistance Program ($20,000)
  • Special event permits: Ivoclar Vivadent Manufacturing 100-year anniversary (August 25); Children’s Specialized Hospital Foundation Walk n Roll (October 1)
  • Renewal of 2023-2024 plenary retail consumption license (Carefree Entertainment Inc.)
  • Approval of 2023-2024 hunting program
  • Reappointment of Ann Marie McCarthy as Sub Registrar and Nancy Zumbana as Alternate Deputy Registrar (three-year terms ending 07/11/2026)
  • Authorization of fireworks displays at The Palace at Somerset Park (July & August 2023)

Public Comments & Testimony

• Jan Brand (via representative): Expressed concern that landscape renderings for the B9 development showed unrealistic tree growth within one year, which would fail to conceal the structure along the scenic corridor (Mettlers Road). Questioned compliance with the scenic corridor ordinance and asked how Franklin Township is preparing to comply with new NJDEP PACT regulations (effective July 17).
• Angelica Granados (Canal Walk, CUAG): Asked whether the township is responsible for stormwater studies and flood remediation from private developments (e.g., B9) affecting neighboring properties.
• Carol Peterson (12 Lake Avenue): Advocated for a burn ban during hazardous weather periods; detailed health impacts from burning treated wood, painted wood, and other materials; complained about trucks idling on Lake and Hill streets; requested a public education article on safe burning.
• Sherman Kamaier (4 Hale Place, Canal Walk): Requested automatic payment options for property taxes via bank (ACH) rather than credit card; raised safety hazards on Weston Road and Weston Canal Road – crumbling road edges, dead overhanging branches, leaning utility poles, and low-hanging wires.
• Theodore Chase (159 Old Georgetown Road): Asked about status of Catalpa Park (delayed by DEP wood turtle issue), the Dunhouse (historic property sale), and removal of two dilapidated houses on Old Georgetown Road; expressed support for a backyard burning ordinance.
• Jim Johnston (34 Norwich Place): Thanked supporters at Planning Board hearing for B9; questioned how the B9 development came about; referenced a 2014 photo of council members/planning board members with developer – suggested it indicated improper socializing; noted developer’s large profit from land sale ($23 million profit) and accused developer of prioritizing profit over people.
• Terry Thorsen (18 Labed Drive): Requested 2024 goals for the township; criticized the application process – applicants for C variances are not asked to explain how they advance municipal land use law; noted lack of noise studies and maintenance plans for landscaping that could mitigate flooding; urged use of water-absorbing trees.
• Michael Hampton (319 Schillon Drive): Challenged the rules used to have police called during the June 13 council meeting; requested a written list of rules of conduct; sought a formal apology from the council and town manager; threatened legal action (civil rights complaint, $25 million lawsuit) if not addressed; called for removal of the town manager for “moral ineptitude.”
• Angela Cavaleski (1 Hale Place, Canal Walk): Expressed concern about the profit made from the land sale for the B9 development; said the profit motivated her involvement with CUAG.

Discussion Items

• Manager’s Report:
  • Weston Road/Weston Canal Road safety: Manager will investigate reported issues (road edges, trees, utility poles).
  • Catalpa Park: Final stages with DEP; archaeological investigation complete; bid process expected in fourth quarter of 2023.
  • Dunhouse: Preparing for public hearing as part of diversion process; expected September/October 2023.
  • Old Georgetown Road houses: One house removed under emergency approval; second house awaiting state historic preservation office approval; documentation required.
  • Automatic payments: Manager clarified that ACH payments from residents’ own banks are possible, but the township cannot process credit cards due to cybersecurity and liability risks (per joint insurance fund).
• Council Comments:
  • Council members congratulated new and promoted police officers.
  • Councilwoman Francois clarified Robert’s Rules of Order for meeting decorum; suggested posting rules for the public.
  • Councilman Vassanella supported common-sense burning regulations but noted state statutes may limit local action; suggested educational outreach.
  • Councilman Patasnik reported on a meeting with residents of Riding Parkway about median improvements; emphasized climate change concerns (flooding, heat); promoted community solar.
  • Deputy Mayor Ambris answered a question about mosquito control – handled by Somerset County Road Department; noted recruitment efforts for police.
  • Mayor Kramer thanked police, fire, and DPW for Fourth of July celebration.
• Township Manager’s Clarification on 2014 Photo: The photo was from a Somerset County Business Partnership “Meet the Mayors” event, with Premier Development as sponsor; it was a professional event, not a social gathering with the developer. Manager stated he had received an apology from Mrs. Brand for misunderstanding.
• Ordinance No. 4417-23 – Bamboo Regulation: Introduced on first reading. Amendment passed to specify “other above ground vessel” to clarify that containers must be above ground to prevent root spread. The ordinance prohibits planting running bamboo in-ground; allows planting in above-ground containers. Further discussion on whether to allow underground barriers. Ordinance set for public hearing and final adoption on August 8, 2023 at 7 p.m.
• Community Development Block Grant (CDBG) 2023 Action Plan: Public hearing held; no one spoke. Resolution #23-283 adopted (8 yes, 1 abstention – Councilman Vassanella abstained due to volunteer board membership in a grantee organization). The plan allocates $348,561 to various nonprofits and programs including senior residence, housing, food bank, YMCA swim program, and infrastructure.
• Separate Resolutions (#23-285 & #23-286): Authorized acceptance of American Rescue Plan (ARP) Act Gunshot Detection Technology Initiative grant for $339,000 from the state Attorney General’s office (not the township’s own ARP allocation) and insertion into the municipal budget. Adopted unanimously.

Key Outcomes

• Oaths of Office Administered: 5 new police officers (Tyrell Judson, Justin Scott, Marcus Browntree, Abdul Aziz, Karan McClooney), 2 sergeants (McCarthy and Burwell), 1 lieutenant (Brandon Dalmatore).
• CDBG Action Plan Resolution #23-283: Adopted (8-0-1, with Councilman Vassanella abstaining).
• Bamboo Ordinance (No. 4417-23): Introduced on first reading with amendment (unanimous 9-0); public hearing set for August 8, 2023.
• Consent Agenda: Adopted unanimously (9-0).
• Separate Resolutions (#23-285 and #23-286): Adopted unanimously (9-0).
• No nominations made for board/committee vacancies under old business.
• Meeting adjourned without executive session.