2010 02 23 Regular Meeting by YV5nFM

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									February 23, 2010 Regular Meeting

The regular meeting of the Township Committee of the Township of Franklin was called to order by Mayor
Dougherty at 8:03 p.m. in the Municipal Building. The following Committee members were in attendance: Mr.
Atkinson, Mrs. Pfrommer, Mr. Ciancaglini, Mr. Petsch and Mayor Dougherty. Mr. DiGiorgio, Administrator, and
Mr. Ziegler, Solicitor, were also in attendance.

Mrs. Toy opened the meeting with the Statement of Notice of Meeting as per the Open Public Meetings Law with
notices having been sent to the Gloucester County Times and The Sentinel, as well as having been posted in the
Municipal Building. Mrs. Toy also advised that the meeting was being videotaped and may be broadcast on
Channel 9.

Upon motion by Mr. Ciancaglini seconded by Mr. Petsch and carried the minutes of the February 9, 2010 Work
Session and Regular Meeting were ordered approved as presented.
Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes

Upon motion by Mrs. Pfrommer seconded by Mr. Atkinson and carried all approved bills were ordered paid.
Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes

Upon motion by Mr. Atkinson seconded by Mr. Petsch and carried the following reports and correspondence were
ordered received and filed: Land Use Committee, Police, Public Works and Tax Collector.

Correspondence:
1. From Jason Brandt, Brandt & Madison, requesting the Township consider the sale of 1698 Harding Highway,
    Block 7202 Lot 21, and if successful in acquiring the property, it is their intent to remediate and redevelop the
    site.
2. From Ruslan & Karina Broschchan, expressing interest in purchasing Block 7202 Lot 21, 1698 Harding
    Highway.
3. From Carol Coulbourn, Secretary, Historical Advisory Committee, thanking Mr. DiGiorgio and the Township
    Committee for their support and attendance at the Township’s recent 190th Birthday Celebration and Delsea
    Regional’s 50th Anniversary Celebration.
4. From Carole Baxter, Nicholas Drive, Malaga, to the Franklin Township Road Department employees, to let
    them know how much they are appreciated, and what an awesome job they did during the last big snow storm.
5. From NJDEP, 4th Quarter 2009 Gas Monitoring Report Franklin Township Sanitary Landfill, advising that the
    landfill gas testing had been conducted in accordance with the requirements of NJAC 7:26-1A.8(h).
6. From Frances Carder, Chief Financial Officer, report of Audit of Ambulance Corps Account 2009.

Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes

Mayor Dougherty called for a motion to move Anthony Gaetano to the position of Alternate #1 and appoint James
Mentzer as Alternate #2 on the Planning Board.

Upon motion by Mr. Atkinson seconded by Mr. Petsch and carried Resolution R-54-10 entitled “Resolution
Confirming Appointments to the Township of Franklin Planning Board” was ordered adopted.
Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes

Upon motion by Mr. Petsch seconded by Mr. Ciancaglini and carried “Proclamation Honoring John Booras For 24
Years Of Service As Assistant Chief Of Janvier Volunteer Fire Company” was ordered adopted.
Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes

Mr. Petsch noted that the Proclamation will be presented to Mr. Booras at their annual banquet.

Upon motion by Mrs. Pfrommer seconded by Mr. Atkinson and carried the Public Portion of the Township
Committee meeting was ordered opened.
Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes

Mr. William Lubonski, 123 Idle Lake Road, appeared to discuss a problem he has with his three trash cans. He said
he took the three cans to Washington Township to be pressure washed and Public Works said he was stealing them.

Mr. DiGiorgio reminded him that this is an open issue in court.

Mr. Lubonski said his neighbor has been switching cans over the years, Public Works says he can’t have a can at his
property where the house burned down, and is being harassed over three trash cans as he doesn’t have the numbers
for his cans. He wanted to know why he has to turn the can in.

Mayor Dougherty asked the Solicitor since this issue is in Court should he respond.

Mr. Ziegler stated the issue is working out through the process, and he doesn’t know what the Township Committee
can do now.

Mr. Atkinson said the issue is now in Court and felt it was inappropriate to interject at this point.

Mr. Lubonski said nothing has been stolen, he took the cans to be cleaned and returned them. He has taken the
numbers to Public Works. He said the neighbor switched cans, he has three properties and he wants three cans.
Mr. Lubonski continued, stating that three weeks ago a Township tree fell on his car, he went to Mr. DiGiorgio, he
went to his attorney and had him send a letter to Mr. Errera stating that two months ago Mr. Errera said the tree is on
Township property. Mr. Lubonski said he has a letter from the Insurance Company saying it is questionable that the
Township owns the land. Mr. Lubonski said he just wants damages

Mr. DiGiorgio said the matter was turned over to JIF, they couldn’t determine without a survey the ownership of the
land, and under Title 59, if there is no notice that a tree is dangerous, the township if not liable. He said the damages
may be covered by homeowners or auto insurance.

Mr. Lubonski said both insurance companies said no. He said he has a letter from Scibal stating if not other
coverage, they will cover. He said Scibal has determined that the Township does not own the property. He said he
just wants his car fixed.

Mr. Ziegler recommended pursuing with Scibal, and if no satisfaction, retain counsel.

Mr. Lubonski continued, saying that he has been trying to get a new house put on his property, where the house
burned down, since April 15. He said the Construction Dept. keeps wanting more or different issues corrected, and
wanted to know why wasn’t he told everything in the beginning, and he felt they were being unreasonable.

Mr. Petsch advised that the Construction Dept. is following the Uniform Construction Code, and it is incumbent
upon your contractor to know the code requirements that need to be met.

Mayor Dougherty suggested he come in and sit down with the Administrator and Construction Official to lay out
what he need.

Mr. Ken Gallagher, 80 Laye Drive, thanked Mr. Nese for a heck of a good job on the roads.

Mr. Gallagher said he knew the Township was looking to test for lieutenants, but suggested, before we do this, the
Township should get a Chief in place. Mr. Gallagher said Captain Howe has been doing a fine job for a year and he
has the qualifications. He hoped the Committee would make their decision shortly.

Mayor Dougherty thanked him for his comments.

Ms. Tracey Falisi, 561 Taylor Road, owner of Toni’s Treats, appeared to discuss her recent purchase of 487 Delsea
Drive, Malaga, which is listed as a contaminated site, and her problem before the Planning Board. She stated that
the previous owner owed money for testing, she was told if she bought the property and paid the money, she would
get a NFA letter from DEP. She said she went before the Planning Board and felt she was compared to Kiddie
Kollege and felt she was being harassed. She said now she has to pay for an engineer and attorney to represent her
as her plan for the building has been denied and asked what can be done.

Mayor Dougherty replied that he personally objected to the fact that she felt she was being compared to Kiddie
Kollege. Mayor Dougherty said that what was discussed at that meeting was that NFA letters are open to
interpretation, we can’t write a carte blanche, you wanted a complete site plan waiver with 27 waivers. He said that
without any site plan to review our engineer has no ability to look into anything that is done on that piece of
property. In a high traffic, commercial area, we have an obligation, especially considering the site is undersized and
could create potential difficulties with parking, we have an obligation to make sure our engineer can review that site.
Mayor Dougherty said the Planning Board had to deny so that you could get a site plan reviewed by the engineer.

Mr. Petsch advised Ms. Falisi that he wanted to table the application to allow her to bring in additional information,
but it was on the advice of the Planning Board Solicitor to deny. Mr. Petsch said the Board is not anti-business,
there was a problem with the NFA letter as it only referred to the outside of the building, not the inside of the
building.

Mayor Dougherty advised her he will have Mrs. Knobloch try to get the review done as soon as possible.

Mr. Atkinson explained that the applicants don’t always understand the process, and the Board must insure that all
things are in place with the site plan so there are no surprises down the road. The Board is not anti-business, there is
a process to develop a good quality development and you have meet the site plan, and she have had site plan to
review. Mr. Atkinson said her engineer did not inform her well enough.

Ms. Falisi felt her plan was fine.

Mr. Atkinson said it seems like her plan is missing necessary items to be reviewed by the Township Engineer.

Mayor Dougherty reminded her she wanted everything waived.

Mr. Petsch wanted to go on record that we need to do everything to help her when the site plan comes in, to expedite
the process, and our engineer will work with her engineer. The Community Development Director will be directed
to expedite the process.

Upon motion by Mr. Petsch seconded by Mr. Atkinson and carried the Public Portion was ordered closed.
Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes

Mr. Ziegler explained Ordinance O-5-10 that would be introduced by title to change the bulk zoning requirements
for Block 2601 Lots 58, 59, 60, 61, 62, 63, 64.01, 64 to allow the establishment of a minimum lot size of 30,000
square feet, side yard set back of 15’, front yard setback of 50’ and rear yard setback of 50’. Mr. Ziegler said that if
this meets the Committee’s approval he will have the Ordinance published, and will refer it to the Planning Board
and have a public hearing at a later date.

Upon motion by Mr. Petsch seconded by Mr. Atkinson and carried Ordinance O-5-10 was introduced by title only.
Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes

Public Hearing will probably be the last meeting in March.

Upon motion by Mrs. Pfrommer seconded by Mr. Petsch and carried Resolution R-40-10 entitled “Resolution
Authorizing Issuance Of A “New” Liquor License To Anthony V. Tamaccio, Jr. After He Failed To Timely File A
Renewal Application For The 2009-2010 License Term” was ordered adopted.
Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes

Mr. Petsch asked to table the resolution approving the Revised Employee Handbook so that the Committee would
have time to review. He said it was a very lengthy document and he would like to recognize the work Mr.
DiGiorgio put into it.

Upon motion by Mr. Atkinson seconded by Mr. Petsch and carried Resolution R-48-10 entitled “Resolution
Approving The Adoption Of The Revised Employee Handbook For The Township Of Franklin” was ordered tabled.
Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes

Upon motion by Mr. Atkinson seconded by Mrs. Pfrommer and carried Resolution R-49-10 entitled “Resolution
Authorizing The Treasurer Of The Township Of Franklin To Transfer Certain Funds From And To Specific
Accounts In The 2009 Budget Appropriation Reserves Of The Township Of Franklin” was ordered adopted.
Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes

Upon motion by Mr. Petsch seconded by Mr. Ciancaglini and carried Resolution R-50-10 entitled “Resolution
Authorizing A Fireworks Display And Demonstration” was ordered adopted.
Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes

Mr. Petsch asked Mr. DiGiorgio to notify all neighbors prior to them conducting the display.

Upon motion by Mrs. Pfrommer seconded by Mr. Atkinson and carried Resolution R-51-10 entitled “Resolution
Seeking Approval To Submit Grant Application And Execute A Grant Agreement With The New Jersey Department
Of Transportation For the Reconstruction Of Williamstown Road Section I” was ordered adopted.
Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes

Upon motion by Mr. Petsch seconded by Mr. Atkinson and carried Resolution R-52-10 entitled “Resolution
Appointing Standby Prosecutor For The Township Of Franklin Municipal Court For The Year 2010, Pursuant To
Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.)” was ordered adopted.
Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes

Upon motion by Mrs. Pfrommer seconded by Mr. Petsch and carried Resolution R-53-10 entitled “Resolution
Authorizing The Solicitor Of The Township Of Franklin To Engage In Settlement Negotiations With Peter Kalnas”
was ordered adopted.
Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes

Mr. Atkinson reported he had attended no committee meetings.

Mrs. Pfrommer reported that the Library meeting on February 10 th was cancelled due to the snow. She advised she
had attended budget meetings. Mrs. Pfrommer commended the Public Works Dept, saying the roads were in
excellent shape.

Mr. Ciancaglini had no report.

Mr. Petsch commended DPW on their snow removal, noting that Mr. Nese worked through a personal crisis. Mr.
Petsch recognized the Police Dept. and the DARE graduation, stating it was a superb program.

Mr. Petsch addressed the pot hole issue, advising there is a hot line to call and report the location of a pot hole. The
number is 694-3155, prompt #4. He said the pot holes will be addressed on a daily basis.

Mr. DiGiorgio, Administrator, reported on the following:
 Snow expenses from the February 5 & 6 storm have been submitted to FEMA, advising there should be some
    reimbursement from the Federal Government
 Williamstown Road – working on the road and the pot holes
 DEP activity at US Gas Station Routes 555 & 538 regarding some remediation going on at that site
 Deer Meadows – Committee gave him approval to move forward to clean the place up and secure the basements

Upon motion by Mr. Petsch seconded by Mr. Atkinson and carried the second Public Portion was ordered opened.
Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes

Mr. David Ferrucci, 3366 Victoria Avenue, asked the Solicitor how long the Tamaccio license could be held in
pocket status without actually having a physical facility.
Mr. Ziegler replied from the present renewal until June 30 th of this year.

Mr. Ferrucci asked how long the license had been in this gentleman’s possession, and Mr. Petsch replied since 2001.

Mr. Ziegler stated that it appears in the paperwork that this is the final renewal.

Mr. Ferrucci asked when you get to the end of that period, does it revert to the township or is it lost?

Mr. Ziegler answered that without looking at the common law aspects but under the Statutes it simply expires and
reverts back to the township and becomes another license the township could sell.

Mr. Ferrucci said that in the past the gentleman had been encouraged to activate and develop an establishment.

Mayor Dougherty advised he is directing the Solicitor to write a strong letter to ABC, unfortunately they have the
ultimate control, we don’t want this to be a pocket license forever, we want to get this into a building and become a
viable entity in the town. Mayor Dougherty said the Solicitor is to write a very strong letter to ABC suggesting that
very thing. He said that is the best they can do short of denying the license and going through the appeal process.
At this point the license has been approved through June.

Mr. Ferrucci suggested notifying the owner that the license expires and that the Committee expects movement.

Mr. Atkinson said it was with a lot of frustration that he voted for renewal, but after considerable discussion with the
Solicitor, our hands are tied as to what ABC does with this license. Mr. Atkinson said we are going to let ABC
know we’ve had enough.

Upon motion by Mr. Atkinson seconded by Mr. Petsch and carried the second public portion was ordered closed.
Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes

Mayor Dougherty reported on the following:
 Commended Mr. Nese on the wonderful job DPW did on the roads
 Finishing the budget sessions tomorrow

Mr. Atkinson commended Mr. DiGiorgio on completing the Employee Handbook, as Administrator he is very busy
and maintained diligence to get the document done, saying it speaks volumes to his job performance. Mr. Atkinson
thanked him.

Mayor Dougherty said that Mr. DiGiorgio has done a tremendous amount of work on the Flora Road situation.
Mayor Dougherty advised that he had the letter from South Jersey Gas stating that the residents will be monetarily
compensated and that Flora Road will be completely repaved. He noted that last Friday 150 feet of the road had to
be paved. Mayor Dougherty has directed the Administrator to send the letter to all the homeowners.

Upon motion by Mr. Petsch seconded by Mr. Atkinson and carried the meeting was ordered adjourned at 9:07 p.m.
Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes

                                                                  Respectfully submitted,



                                                                  Carolyn Toy
                                                                  Township Clerk

								
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