Dear Chairman Dallas and Board Members
As you know, the Board discussed the question of whether the issue of cannabis should remain in the current Master Plan Reexamination Report. There was a lively discussion among members of the Land Use Board and subsequently, from members of the public.
This discussion was engendered by the governing body communicating with the Land Use Board suggesting that since a proposed Ordinance regarding authorization for cannabis had been withdrawn, that the Master Plan language be eliminated from the November 3, 2021 Amendment to the Master Plan Reexamination Report.
As a result of that discussion, the Chair solicited a motion. The initial motion was framed to remove the language from Section V of the November 3, 2021 Master Plan Reexamination Amendment. That vote was initially characterized as being one that was tied and therefore did not carry. However, subsequently, I became aware of the fact that two (2) alternate members of the Land Use Board had voted on that motion. Since eight (8) regular members of the Land Use Board had been present, only one (1) alternate member was authorized to vote. After having reviewed this with Catherine, the Board Secretary, I became aware that Mr. Witkowski was authorized to vote as the 9th member and in fact voted in the negative. However, Mr. Benscoter who was the 10th vote, as an alternate member, was not authorized to vote. Therefore, his vote was ineligible. He also voted in the negative.
In reviewing the situation, it is my opinion that the initial motion therefore carried by a five (5) to four (4) majority. Five (5) eligible members of the Board voted in favor of eliminating the language from the November 3, 2021 Master Plan Amendment. Four (4) eligible members of the Land Use Board voted against it. The one (1) ineligible member of the Board who voted against it no longer counted. Therefore, I have advised the Chair that I believe that initial motion did carry and that the subsequent motion dealing with the issue of a recommendation for a referendum regarding the resident’s position concerning cannabis within the Township of Franklin was out of order.
In light of the above, I will be preparing a Resolution for the Land Use Board approval that will be sent to the governing body indicating that the recommendation of the Land Use Board based upon a five (5) to four (4) vote was to eliminate the language dealing with cannabis in the November 3, 2021 Master Plan Amendment. As I explained at the meeting, there is a process pursuant to the Municipal Land Use Law in order to change that Master Plan Amendment. The Board will authorize its Planner, Ms. Darlene Green, to initiate draft language to be reviewed by the Land Use Board members and subsequently have a public hearing as required by the Municipal Land Use Law to adopt same.
Very truly yours,
Roger W. Thomas, Esq