flag the United States of America the repblic for stands publish news act out of Pius of this hand being was fored to the official cap papers best on the Baltimore Township the will be on Mr P here Mr ke here Mr Mar here here motion public car ordinance 224 amending chapter 273 Hawkers pedlers provid for the ree number of exisal chapter 235 and renaming it feding soliciting and Ms your motion to open the public hearing second TR for all the in meting below yeah car the test just motion to close team4 CL all in favor I to approve for your point make a motion to approve O2 24 second Mr alen yes Mr Kings yes Mr M yes yes motion toed a fres b portion for Resolutions and Ed BL motion of public portion this allv good evening gentl uh Barbara Halper and Harding Highway I'm here to talk to you about the uh closed session that you're going into and I just wanted to tell you that you should or you or the zoning board should not agree to anything less than this facility stop all manufacturing industrial commercial operations immediately no amount of fines levied against them is enough to deter them the only economic hardship that will even phase a facility that earns over a million dollars a year is to close them down eat the fines if you have to just get them to close and leave immediately they have no leg to stand on they had two denials at the zonning boards the town ship is in the right according to Municipal land use law save us all from further abuse by this company fight them tooth and nail and do not back down the people need your protection do not fail them not one more day can be agreed to for this facility defend us do not sell us out thank you so let's margar dar Forest Grove hi Mr Bruno did you do you have you pick the uh the zoning board members I know what the committee picks the zoning board so these are um I might add they're all men whom you respect and uh you uh are you looking are you listening okay uh wish you'd look at me anyway uh these people you respect their opinions and uh you listen to what they're saying and you see you see you you have seen what JC pools has done over the years great so I can't really figure out what happened uh because the the zoning board came against them um but they're not they're still operating I I don't understand that M Matt okay well uh mayor obviously the purpose tonight uh we have U special Council here tonight to to advise and update the Govern body on this matter and and uh potential action the the we can't sit here and litigate Kings right now uh we're not we're certainly not going to get into with disc discussion of the facts the merits the stress and weaknesses of our case in our defense in over setting so you can make uh comments and give your advice to the governing body prior to them going into that close session but again that's a purpose of being here the the um action filed in court encompasses all all those things that you spoke out in zone board uh the actions previously taken with the conditions existing now the property um the the actions taken by the the uh the staff here in the township and the history of everything that has led us up to it's a phenomenal history isn't it yes I can't I can't com on this is a mar case because we're trying to to deal with the matter and a matter uh that as as it exists not not how we we wanted to but try to try to to deal with the K that in that fashion well I guess um so I I won't get an answer but I'm asking you to please think of uh the health of all of your residents here in Franklin Township and please uh uphold your zoning board thank you good evening Township committee my name is Kevin Kelton of malagan New Jersey uh in in comments about the GL L 10822 I guess I don't know was that a superior court filing or something that's the docket number the court tracks them okay I myself as a resident and and other residents I I'm going to try to understand the history of how we got here with JC company and and uh vers the township of Franklin um and this is all public information that I understand up to this point on December 7th of 20 21 JC company the applicant uh made an application to the township zoning board uh seeking a uh a use variance otherwise known as a d variance uh to seek a use on the property that's not a permitted use um they sought to essentially run an industrial fiberglass pool manufacturing facility uh that would include sales so they would manufacture uh fiberglass pools and and and sell them and the zone is currently Zone phc which is Pinelands commercial zone so on that day with much deliberation um that evening the zoning board decided correctly in my opinion uh to deny the U the application for JC company uh based on the negative criteria and the negative use that that would have in the neighborhood which includes residents and Commercial businesses that operate in that area um and by the way the board made a unanimous decision the entire board from my understanding voted to deny the app the variant application the applicant then appealed uh the decision of the Franklin zoning board to uh Superior Court on January 29th of 2022 uh council do I have that date correct I I can't verify that but it says um for reasons unknown which I'm not provy to the the superior court judge decided to send the applicant back to the zoning board for the case to be reheard um from there I don't know if we had that additional zoning Board hearing can anybody again we're not going to discuss the we're not going to confirm that the attacks by opposing Council on our position in a public setting pred settling but we're discussing the matter in close session well I'm I'm asking if if that came back to our zoning board to be reheard um no as so third of the fall 202 is direct October 3rd of 2023 came back to the zoning board yes or the the zoning board okay and at that time what was the decision of the zoning board again a second denial so then what happened the applicant then came uh filed another U uh appeal the applicant is taking this matter to Superior Court right that's what we're here to discuss tonight with the governing body again the the the allegation I'm not going to uh recite their side of CAS no I don't I'm not asking you to why why they think we should be here I'm just under trying to understand the history they took action in the suprior court based on on their allegations their correct not not that we we agree to that but they they they have their version of what has occurred up till now so from from the zoning board's decision the second zoning board decision denied they went back to Superior Court to seek relief um and where does it stand now we're here tonight that so that's the latest that's an update uh uh TimeWise um I don't know what what's going to be discussed behind closed doors tonight but I I would hope that uh say for the for the benefit and you guys are residents in this town and some of you may even live near this facility I would hope that you do the right thing and and uh deny whatever uh this application again for a third and fourth and fifth time thank you this motion to close motion to close second all the fav motion to approve correspondence and reports motion report cor second all in favor by uh motion to approve the minut from February 13th 202 for motion approve the minut second all in favor I same yeah stay still motion to approve the ads okay sign it Mr pen yes Mr Kean yes Mr Mars yes here yes making a motion to approve a raffle for Oasis Animal f motion approve the rting second all in favor I resolution resolution 4844 off out change order number one and final final St estimate to arac P company for Dutch M 35 make motions R 4824 second Mr yes yes yes yes resolution 4924 appointing member to a Recreation Commission push 4924 s Mr yes Mr ke yes Mr Mark yes may bring up yes resolution .4 auth tax B and you print sales tax certificates the show chapter 99 public laws of 1997 motion for R 1520 second Mr yes Mr yes March yes yes resolution 5124 off qu AC in Trum committee Buster L 108 death Jason C bre count board just version R 5124 second Mr fig yes Mr King yes Mr Marsh yes may yes second portion any comments pleas open the second public SCH second all the favors eyes I wanted to know how we're doing on the Piney Hollow project and whether we've um advertised the bidding process yet will be bids uh should be done next Thursday okay so you've already placed ad already placed I think it's either next Thursday next Friday have the end and open up to this okay um great I'm glad it's already advertise that's wonderful yep anything happening with the Malaga project at the park in the playground uh we're still trying to work with s they've done some shil stuff our water table is there we did app for another Grant uh then we made it to the final to that did not Shi get open space f stuff like that but with everything going all py Sun can see how much problems we have to play with right well hopefully we'll be done with planning Hollow by the end of the year I would hope goal is you know can we wanted to break ground in Spring and start to work so we kids I me DPW should cry here fulltime should get to stop go and great yeah Mark had mentioned that DPW will play a big role and help with offsetting the costs and um that would be wonderful wonderful thank you this I I'll just have one more question in regards to uh the JC case um who was our legal representation initially back in 2021 uh in regards to um this application who represented the zoning board or the township at the Superior Court l double that myself but l bellia so so the there were two two attorneys representing the township at that hearing back in 2021 uh at yeah at that point but but we had uh the t wait cancel yeah I [Music] um so up until this point yourself Mr lions and Mr barelli have been representing the township no you I have to get the exact date he HED special counsel that's mad to repres that so he's been in court on this case in 2022 again I'll have to get the actor 10 Matthew Madden okay and is he a land use attorney what about the environmental aspects of this application uh Mr Mr mam qualify okay and who is representing us going forward is the same firm yes Madden and Madden Matthew Madden yes for for this case for this case right special Council on this case all right disc are are you involved in this in any way thank you sh is it Dave Marshall 67 New Road Malaga uh just a a couple generic questions to this evening uh when I brought up about the mulch issues at the dollar stores you had mentioned that Mr finle do I directed to you Mr brno that it was going to the CME and I'm just wondering why our zoning officer wouldn't handle that I'm just looking at why are we paying see me to do something that was missed on an original plan I don't think I was no you weren't but I think I had to direct my cions to you don't I or I'm supposed to yeah so I know no I I just clarified c as that on their conscious L of things to do so it's it's being addressed there was me for Chase involved them in because CME already had on their initial CL L dat H follow through first okay yeah I just was wondering because I said I just can't see paying them for something that we have a zoning officer to do just trying to keep the residents little things a little cheaper okay just asking uh I do have a question about the appointments for like the environmental uh board it was brought up that there are two members one member and the planning board Le aison that have not made barely any meetings one hasn't made a meeting in two years and one has missed nine meetings a row and according to Mr Lions if you miss eight in a row that's the grounds up for dismissal because he had clarified that with me in the past but you have to miss eight in a which I SP to you about the r was governing members of the directed Body okay so that doesn't account for appointed positions I'd have to against like we said before I'd have to see facts uh render an opinion over the off now I apologize I misunderstood that but that even being the case we have a planning board that really could use some environmental input on a lot of the applications and if he's not there at the meetings how is he qualified to handle that isn't there somebody else we can appoint or get somebody that has the maybe just doesn't have the time but get the time to be there I mean just wondering yeah I I I just this the second time this V up dates how well it was actually brought up at one of the other meetings by our planning board chairman he had brought it up here at this meeting and gave you names John stick and have it that was he he never told you who's who it was is it I I I remember him doing it also on camera uh that he told you who M so it's just something like I said to look into you know I think it'd be a good idea to get some proactive people involved in some of the boards uh we have many businesses along Deli drive that are as I brought up in the past that are iour to say least and some of on safe uh and I know you this is over a year ago now and I you say you were working on it Mr Finley but just wondering if we have any progress on some of these businesses we have that one house that's really bad that someone put a piece of wood up and put unsafe you know they that'll stop everybody from going in so demol has been through okay I got everything from South turty Gast and L electric which mean was L you me stad promises it'll be down before the next meeting okay good now how about the old gas station that has the gas tank sitting above ground anything going on there the old 1986 yep in contact with their owners also that's supposed to be being removed there's there nothing in it it's fed sand play you supposed okay just making sure uh and as you know the last meeting I had brought up some concerns about agendas being posted uh I have had time to verify those they are accurate the times posted is when it was actually posted online uh if there was ever an any type of amendments or anything that way it states it right there on the uh pages and in fact even the planning board meeting that happened right after this meeting it was posted late uh and I didn't even bring up the other meetings about how they're posted to leate it's something we need to to change uh and it's either an oversight issue or a training I'm not sure which but it has to change then thank you good evening Nancy Kennedy 7-Eleven St George Street uh I think I actually might have kind of an interesting idea uh and it's not intended to be in any way adversarial I came to a meeting not the last meeting I think it was the meeting before and I mentioned that I had gone through the appointments that were made and that I had noticed that an individual was left off of the Agricultural board and I was recently approached in Wawa by a member of the community who's lived here for a long time raised her family here and she had happened to catch what I had said and she asked me she said did that particular individual that you referenced ever reach out to to you you know did she did she have a stance or an opinion and I said no i' I've never had the honor of talking with this person but what I did do what I was able to do was to speak with Mr travone who is on the agricultural board and he actually was there at the first meeting of the year when the former chair appeared for the meeting believing that she was still on the board and he was able to confirm that she was very confused and you know a little upset I think that the representation that he made was that she said you know I assumed that somebody just forgot to send me the email uh and so she had shown up with every intention of continuing to serve the township of Franklin with her vast agricultural knowledge and I think we can all agree she has it she had shown up willing to do it so let's pretend for a minute that I haven't been at almost every meeting complaining about political things and let's say there's a lot of appointments that were made there are a lot of suggestions that are made about who should be on boards it can be a confusing thing let me say I was probably wrong and it was probably an oversight by this Township committee and for that I apologize and let me ask you gentlemen tonight in the spirit of Goodwill in the spirit of what Mr Marshall was saying which is we need people on these boards who care and who are involved it's what we all want right in the spirit of that let one of you this evening under proposed resolution 5224 suggest appointing Michelle Doyle as the second Alternate which is still open to the agricultural Advisory Board let one of you second it and I'm confident with the members up there that it'll pass because I don't think that any of you have any personal animus and heck Tim probably didn't even realize it was probably a complete mistake and I'm reading into it because I'm a middle-aged woman with too much time on my hands so again Gentlemen please before the evening concludes do the right thing show that we are all working together for the good of the township and that Michelle Doyle has every right to continue to serve her Township regardless of Fu's married who not married to may be married to none of my business thank you very much questions just thank you Mr Mayor uh Harry Kennedy 1578 FR Mill Road uh I wanted to commend you that most of your appointments are really good appointments uh you have an excellent Recreation Commission that works together uh it was nice to see you moving someone up and uh the fact that she's Dave degan's daughter is fine that's great it's nice to have people serve the community and it's great that that happened and just a little bit of history that because you weren't here yet Mr Fel and I don't believe you were here either Mr Marsh uh last year there was a gigantic battle at the end of the year uh about the Redevelopment area and there were a couple people up there that were against it uh one of them was Mr stipek all right and Mr stipek for whatever reason wasn't repp appointed to the planning board as the representative from the environmental commission CH the second person was Deputy Mayor Heather flame who also voted to table that she was not reappointed uh it just would seem if we're going to move alternates up and move people out it might be good to use the best and the brightest in in different places just a good idea and I have never met Mrs Doyle in my entire life I have met Mr Doyle several times and I can honestly say that uh you know he and I have a working relationship with each other that uh we work each other over from time to time but I would like to say to this Township Committee just just an admonition and I know you're all very bright and most of you are good in geography and I know you understand this we live in New Jersey we do not live in Pennsylvania we live in Franklin town ship we don't live in doy town thank you very much watch clothes sttion close for our Historical Society is sorry thing I call home was going to start kind month and then when you go library to redesigning the website you'll start offering a lot more PR too so once I get check that with recent appointments and years sh individuals being just updated make ages mission on um we sent out on emails for the chairs but will good contacts um with Miss keep don't for as they continue to website out Stu like that FL fors thank you uh I just want to point out congratulate J Maro C work sugar ler [Applause] there I'm not saying go six close br be Nows out appreciate not coming out to March you want that other than that I Ro on a motion to go into close AC motion to go to close second follow the trade um you know yeah I guess action may or may not be taken I can't I can't I can be sure I we have to say action this Tak I because it's got got to depend on on the questions that MERS of committee I said how long I think it's going to be I think it's it's not going short because there if it is an involved matter dist I think it's going to be more right yes a motion to close uh vot close close all in favor yes second motion to open reopen the public session Mo re s all those in favor I got yes sir all right for the record this is T of Franken County of Gloucester resolution R hyen 52 of hyen 24 a res resolution approving settlement agreement between JC company LLC Gerald RJ truster and the township of Franklin at Frank Township Zoning Board of adjustment whereas JC company LLC and charal J truster brought litigation against the township of Franklin and the Franklin toship Zoning Board of adjustment in the superior for New Jersey clester county law division hearing under docket number glol l18 Hy 22 and captioned as JC company llc at Al me Frank Township is onor Board of adjustment at how that is defined as the litigation in this resolution whereas the township has denied the claims of planet and has asserted various affirmative defenses dispenses to Planet allegation along with the counter claim against Planet seeking a declaratory judgment and whereas the township and plaintiffs collectively the parties have participated in extensive settlement discussions related to the resolution of the litigation which discussions have led to a proposed settlement and threat settlement of rean a true and correct copy of which is attached tier two of exhibit a whereas the resolution of the litigation will include both the dismissal of all claims and counter claims asserted against all parties in the litigation as well as the provision of full and mutual releases from parties whereas the resolution of litigation is contingent on the approval of the settlement agreement by the zoning Board of adjustment with the review of the settlement agreement by the zoning Board of adjustment scheduled to take place following the approval of the settlement agreement by the township committee and compliance by planet with those terms the settlement agreement pertaining to plet submission of an application to the Zoning Board of adjustment and the Zoning Board of adjustments consideration and approval of such application as set forth in detail and settlement agreement and whereas both the plist and the township without admission of liability or wrongdoing on the part of either party and to avoid the uncertainty is expense and delay inherit litigation have determined it to be mutually advantageous to to inclusively resolve those claims and counter claims as set forth in the litigation and to otherwise resolve all claims and issues cly exis between that now therefore being resolved by the township Committee of the township of Franklin County of glester state of New Jersey that the settlement agreement resolving litigation Fe and hereby it is AF that this resolution is approved and that this resolution May and shall be signed if five R the township by Mayor John Brina now therefore be it further resolved by the township of the to fron County of cler state of New Jersey as follows number one settlement agreement between JC company LLC and Gerald J truster and the T of Frank on the Frank cic ding board adjustment date in February 2024 is hereby free now therefore be a further resolve that the mayor Clerk of the town to the Franklin Bluster County New Jersey New Jersey are hereby authorized and directed to execute any documents necessary to effectuate the settlement agreement at this point we would entertain a motion to approve this resolution and your motion approves the2 death 24 second Mr chose yes Mr Marsh yes may bring yes by uh all in favor l f been