Page 8 THE VILLADOM TIMES I • August 22, 2012 Franklin Lakes Borough responds to state on developer fee funds by Frank J. McMahon The special counsel on affordable housing for the Borough of Franklin Lakes has responded to the state’s demand that the borough return to the state unspent or uncommitted funds in the borough’s Affordable Housing Trust Fund that are four years old or older. That demand was contained in a July 24 letter from Sean Thompson, the acting executive director of the state’s Council on Affordable Housing. Thompson referred to the state law that requires municipalities to transfer those funds to the state’s Affordable Housing Trust Fund if they fail to spend, or commit to expend, the development fee money in their Affordable Housing Trust Funds within four years of the date of collection. Stuart Koenig advised Thomson that the borough has no money in the Affordable Housing Trust Fund account that was not spent or committed by the July 17, 2012 deadline. He provided documents to support the borough’s position that the $1,678,676 balance that Thomson claimed the borough had not spent or committed by July 17 was, in fact, committed as required by statute. “We have submitted the enclosed statement to confirm the municipality believes the numbers outlined in your letter of July 24 2012 are accurate,” Koenig wrote, “and that the municipality has, in good faith, committed the required funds and more, consistent with the statute.” He emphasized that the statute provided that municipalities would be required to “commit to expend,” not expend, their Affordable Housing Trust Funds within four years. Koenig advised Thomson that the borough submitted its most recent affordable housing and spending plan in December 2008, and that plan was found to be complete in May 2009. Objections to the plan were filed and, in October 2010, an Appellate Court decision invalidated major portions of the COAH regulations. Since then, the borough has not known what affordable housing obligation would be imposed on the borough, or the best way to satisfy that obligation. Koenig also pointed out that COAH gave no guidance on what it believed would constitute a commitment of funds according to the statute. Near the end of 2011, it became clear that a resolution of the uncertainty of the municipal obligation would not be resolved in the near future. Koenig told Thompson that the borough has, therefore, committed $2 million from Hair today… Daniella, 12, of Franklin Lakes recently donated her hair to Locks of Love for the fifth time. She had her hair cut by Nikki at Panico in Ridgewood. Daniella’s donation will be used to create a hairpiece for a child who has lost his or her own hair due to medical treatments. the municipal Affordable Housing Trust Fund for the purchase of real estate that is currently under contract, and the sum of $622,820 to pay down the $1,350,000 debt it owes for transferring some of its affordable housing obligation to the City of Garfield in 2002. “We trust you agree there are no trust funds that are required to be transferred to the state fund,” Koenig wrote, adding that, if Thompson did not agree, the borough would demand the right to contest that determination before COAH. The property the borough has contracted to purchase with the trust fund money is at the intersection of Colonial and McCoy roads, and is currently owned by the Temple Emanuel of North Jersey, which is located on High Mountain Road. The borough plans to have affordable housing, or housing for people with special needs, built on the site. The $2 million contract the borough has signed with the temple includes the entire 15.7-acre site, except for about 49,000 square feet, which the temple will retain as a single-family residential lot for use as a future parsonage. The temple congregation purchased the property at Colonial and McCoy roads about 15 years ago, and planned to build a temple there. That plan was denied by the zoning board of adjustment after a public hearing that lasted for 31 meetings. Although that denial was reversed in Superior Court, and a revised plan was ultimately approved by the zoning board, the temple was never built at that site.