Franklin Township Council Regular Meeting & Work Session - September 12, 2023

The Franklin Township Council met on September 12, 2023, at 7:00 PM in the municipal building. The meeting included commendations, public discussion, adoption of ordinances, and a large consent agenda. Key actions included adopting a stormwater management ordinance despite legal objections, introducing a lease for the baseball league, and rescheduling the September 26 meeting to September 27.

Consent Calendar

• Approved numerous resolutions including: refund of water meter escrows, release of performance guarantees, conference attendance, downpayment assistance, tax billing correction, professional service agreements for appraisal services, award of bid for Beast Recycler, water works supplies, road resurfacing, guide rail project, sidewalk installation, recreation program contracts, tax sale contract, farmland lease extensions, lead grant assistance, shade structures, trail improvements, CDBG program, youth services grant, NJDOT backplate pilot program, LOSAP payment, fitness equipment, liquor license renewal, sustainability consulting, fireworks displays, opioid settlement fund, clean communities grant, tax lien redemptions, tax and water refunds, water charge adjustment, special event permits for Franklin Food Bank, Snyder's Farm, Sister2Sister, release of performance guarantee, and grant application. (43 items from a to ar)

Public Comments & Testimony

• Ben Guy (resident) questioned the township's commitment to youth programs, food insecurity, and social services. He urged the council to address these issues openly and noted the need for abatement of open permits at Franklin Day.
• George (last name not given) (3204 Enclave Circle) expressed support for Ordinance 4419-23 (stormwater management) on behalf of the Canal Walk Citizens Warehouse Action Group, citing flooding on Metlers Road and Schoolhouse Road. He read comments from the Sierra Club calling for stronger stormwater rules.
• Beverly Lawson (2004 Amwell Road) asked about the Human Relations Board membership increase from 12 to 14 and suggested the 9/11 memorial be held on the actual date.
• Sally Saharchek (Fort Constitution Way) shared personal stories of cancer in her family linked to environmental factors and urged the council to prioritize risk management, toxic emissions, and flooding protections.
• Michael Hampton (319 Shilling Drive) raised concerns about uniformed officers at the Community Affairs building deterring complaints, the lack of council meetings (only one in August), the status of the Kmart and Burger King properties, and asked each ward council member to name one thing they would change in their ward.
• Naveen Menon (48 Tree Tops) requested a traffic light at the junction of Route 27 and Princeton Highlands due to near misses.
• Johnny Tibbs (25 Pux?) thanked the township for sustainability efforts, youth funding, and highlighted the need for affordable housing and job training for young men, especially in the Fourth Ward.
• Kenneth Burkwitz (7 Mayflower Court, Canal Walk) showed a photo of flooding on Metlers Road and urged the council to declare an emergency and make the stormwater ordinance effective immediately.
• John DeLuca (attorney for B9 Schoolhouse Owner LLC) objected to the retroactive application of the stormwater ordinance, citing the time-of-application rule under MLUL and NJDEP guidance. He threatened litigation if the language was not struck.
• Assemblyman Danielson (noted as present) spoke in support of the stormwater ordinance, emphasizing the urgency of flooding in Franklin and criticizing the developer's attorney.
• Toby Kramer (55 Bryant Court) described flooding in her neighborhood and supported the ordinance, asking for immediate effect.
• Mr. Chase (159 Old Georgetown Road) supported the ordinance but noted minor wording issues and questioned whether a larger culvert on Metlers would help.
• Angelica Granada (2307 Jackihalo Trail) linked flooding to the need for evacuation of elderly residents, referencing Hurricane Katrina.
• Angela Kavaleski (1 Hail Place) shared her sister's experience of flooding in Canal Walk, leading to her selling her home.
• Another resident (name not given) argued the ordinance should be effective immediately given the 18-month state development process.

Discussion Items

• Rescheduling September 26, 2023 Meeting: Mayor Kramer proposed moving the September 26 meeting to September 27 due to a conflict with a special Planning Board meeting. The council approved the change by unanimous voice vote, amending the annual schedule.
• Ordinance 4418-23 (Police Outside Work): Adopted on second reading. Increases the hourly rate for police outside work to remain competitive with other towns. Councilman Chase suggested adding requirements for auxiliary power to reduce idling, but the manager noted that police vehicles are transitioning to electric.
• Ordinance 4419-23 (Stormwater Management): Adopted on second reading despite objections from developer's attorney about retroactive application. The township attorney argued the ordinance is more stringent than state rules and that the time-of-application rule does not apply to public health/safety. The council voted to adopt; the ordinance will become effective 20 days after publication.
• Ordinance 4420-23 (Agenda Amendment): Introduced on first reading to add "Address Public Comments and Questions" to the official agenda. Will be adopted after public hearing on September 27.
• Ordinance 4421-23 (Baseball League Lease): Introduced on first reading to authorize a lease of township property to the Franklin Township Baseball League. Will be adopted after public hearing on September 27.
• Consent Agenda: All items adopted except those pulled by Councilman Wright (AD and AP) which were discussed and approved. AD: Resolution 23-355 for fitness equipment at Naaman Williams Park using open space funds. AP: Resolution 23-367 for Sister2Sister breast cancer awareness run/walk.
• Resolution 23-371 (DDEF): Adopted separately to authorize insertion of $13,382.99 into the budget for drunk driving enforcement.

Key Outcomes

• Approved Commendations and Proclamations for Franklin Warriors 14U baseball team, Tinks Golden Girls, Daniel Pierson, Peace Festival, and Prostate Cancer Awareness Month.
• Adopted Ordinance 4418-23 (Police Outside Work) on second reading.
• Adopted Ordinance 4419-23 (Stormwater Management) on second reading over legal objections.
• Introduced Ordinances 4420-23 and 4421-23 on first reading; public hearings set for September 27, 2023.
• Rescheduled the September 26, 2023 meeting to September 27, 2023.
• Approved all consent agenda items (43 resolutions) and separate resolution 23-371.
• Executive Session authorized for contract negotiations with AFSCME 2859.