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HomeMy Public PortalAbout2023-08-24 Special Meeting Minutes BOROUGH OF FRANKLIN LAKES Special Meeting of the Mayor and Council August 24, 2023 - 7 PM Franklin Avenue Middle School Multipurpose Room 755 Franklin Avenue, Franklin Lakes A special meeting of the Mayor and Council was held at 7:00 PM on August 24, 2023 in the Franklin Avenue Middle School Multipurpose Room. Meeting Called to Order Roll Call The following Council Members and Professional Staff responded to the roll call: Mayor Kahwaty, Councilmember Ansh, Council President Bonagura, Councilmember Cardenas, Councilmember Kelly, Councilmember Lambrix, Councilmember Sheppard, Borough Administrator Hart, Borough Attorney Smith, Affordable Housing Attorney Edwards, Borough Planner McManus and Borough Clerk Rulli. Sunshine Law Statement: The Borough Clerk read the Sunshine Law Statement: In compliance with the Open Public Meetings Law, notification of this meeting has been sent to our official newspapers, notice has been posted on the Borough website and on the Bulletin Board at Borough Hall. Flat Salute Moment of Silent Appreciation to Our Veterans Introductory Remarks by Mayor Charles J. X. Kahwatv Mayor Kahwaty summarized the agreements and discussed the Mt. Laurel doctrine,then requested that Ms. McManus and Mr. Edwards speak. Ms. McManus gave an overview of the Cigna property. She stated the revised agreement with SHG shows two options that will be up to the developer after settlement to decide. She proceeded to give in detail the breakdowns of housing and retail space. She stated the Mayor and Council will need to consider these agreements and have them approved at a Fairness Hearing. They will then consider new zoning ordinances and the selection of a developer to build the 65 units owned by the Borough. Mr. Edwards had nothing to add. Time for Public Comment Motion to open the time for public comment was made by Councilmember Kelly, seconded by Councilmember Sheppard. On voice vote, all in favor. Special Meeting of the Mayor and Council Page 2 August 24, 2023 Minutes Michael Guttuso, 168 Birch Road, stated he appreciates the opportunity to address the Council. He stated he is encouraged by the developments of the last month; however, there are still too many unanswered questions. Mr. Guttuso stated the Council does not have enough information to move forward, or if they do, they have not shared it with the public. Borough Attorney Smith stated the definitions in the agreement are very specific and gave examples. Mr. Edwards added that storage of hazardous materials was also excluded. Ms. McManus stated it is not unusual in the rezoning of properties to lack a concept plan. The first plans shown were illustrative examples of what could be developed. She stated that reports, such as environmental impact reports, must be submitted to the Planning Board,just like any other developer. Noah Zakim, 846 Scioto Drive, discussed the site plan, wells, air pollution, trucks, and the opportunity of residents to file a complaint against the town. He questioned how this fit in with Fair Share. He stated he strongly supports the referendum on the ballot. Ms. McManus reiterated that this agreement does not have any broad provisions waiving any of Franklin Lakes' Zoning standards. Mr. Smith stated Franklin Lakes has a very strong Planning Board and it will not be swayed by a developer. Mr. Edwards stated that if the agreement is approved, an Ordinance would need to go to the Planning Board and before the public. He spoke about COAH, and stated Franklin Lakes joined the lawsuit against COAH with the group of municipalities involved in the suit. Michael Columbo, 485 Blue Hill Terrace,reference a letter he submitted to the Mayor and Council and strongly encouraged them to hold the developer to the items listed in his letter, specifically the environmental requirements. Ms. McManus stated there is no reason to believe an environmental impact statement won't be submitted. Laurie Burnette, 746 Lawlins Road, asked about the breakdown of the housing and height limitations. Ms. McManus stated the first option was 495 multi-family units, the second option was 250 multi-family units; with the expectation they will be rented out by the developer while others will belong to the Borough as Fair Housing units, which will also be rental. For height,the buildings cannot be more than 3 stories plus a level of parking below. Gerard Friscia, 678 Glendale Avenue, asked about senior and special needs housing, educational use, immigration and the responsibility of the Planning Board. Mr. Edwards explained allocation. Mayor Kahwaty stated it is impossible to determine anything at this juncture. Joe Barbuto, 1 Deer Trail, stated he thinks the agreement is very vague. Is it Federal use or not? Why would you agree without having options clarified? He inquired who is responsible for the environmental and traffic impact studies. Special Meeting of the Mayor and Council Page 3 August 24, 2023 Minutes Mayor Kahwaty responded that this could have been upward of 2,000 units and that substantial concessions have been received from the developer. Mr. Edwards stated that if we had to remove an option it would be federal use and that would result in more housing. Mr. Edwards stated the developer submits the studies and then the Borough Planner and Engineer review them to determine if the studies were conducted properly. Mr. Smith added that the Planning Board can ask for an independent study. Andy Haas, 237 Green Ridge Road, discussed density and commented on how many acres were allocated to the 70,000 feet of office-retail space. He stated the height and weight limit on Old Mill Road should be taken into consideration and discussed truck traffic on Old Mill Road and reasonable access options. Ms. McManus stated the areas may overlap and without additional information, she is unable to calculate. The height is limited to 50'. Mr. Edwards stated if any improvements are necessary the developer would be responsible. Tim Shanley, 565 Burritt Place, Wyckoff, expressed concerns on ingress and egress as it affects Wyckoff. Mr. Smith stated the normal process will apply, the site plan would come in when this is submitted to the Planning Board. Sharif Elfar, 917 Marie Court, questioned if these numbers satisfy the Affordable Housing obligation. Mr. Edwards stated the obligation has been met at this point. Mr. Smith outlined it is currently satisfied but can change in the future to require more. Joe Pullaro, 886 Iron Latch Road, stated he is a long term member of the Planning Board. He stated that it seems Fair Housing is satisfied with both options and asked if there was any talk of using the existing buildings. Mr. Smith stated that Hekemian's preference is to demolish. Anthony Molino, 513 Summit Avenue, thanked the Mayor and Council for their hard work. He asked if a convenience store could be built and asked about gas stations. Mr. Smith stated the only commercial use is retail use. Ms. McManus stated a gas station or vehicle service station is not allowed. Susan Barbuto, 1 Deer Trail, stated she is located behind parking lot 10 of the Cigna property. She stated her concerns include Reed Academy near Parsons Pond which serves autistic children and large parking lots that cause impervious surface and can greatly affect water distribution to the surrounding properties. She stated the Mayor and Council don't have enough answers to vote tonight. Ms. McManus stated the State implemented new stormwater management requirements that the developer will be required to follow. Tracy Haas, 237 Green Ridge Road, asked about Federal Use, stated she is concerned with what goes in and out of such a facility and asked if it will be comparable to what goes into Rutherford's Federal Reserve. Mr. Edwards stated we don't know and Ms. McManus stated she has not seen a traffic study for that facility. Special Meeting of the Mayor and Council Page 4 August 24, 2023 Minutes Maria Reis, 801 Winton Gate Lane, asked if the impact to Police, Ambulance Corps and schools had been considered. Mr. Smith stated there is no way to know at this time and we are unable to prevent development just because we don't want to incur additional costs. Mr. Edwards stated offsite improvements would be paid for by the developer, there will be less school aged children and the additional tax income would offset much of that. John Mattarese, stated he has fundamental concerns and spoke about how the Mount Laurel legislation is unfair, unconstitutional, and he feels the beginnings of socialism and communism. He stated if this is passes tonight, the Mayor and Council will be violating their oaths of office. Ari Donio, 501 Kings Point Trail, stated he is speaking in his own capacity, not as a Board of Education member. He spoke about the different changes the Borough has been through with regard to the agreement and the change in the number of units. He asked if this is the best deal. He discussed the Planning Board recommendations. Mr. Edwards stated that this is a subjective matter. Mr. Smith stated they have negotiated for two years, and feels this is the best deal that the Borough can accept now. Motion to close the time for public comment was made by Councilmember Ansh, seconded by Council President Bonagura. On voice vote, all in favor. Consent Agenda Resolution 219-23 BE IT RESOLVED that the following resolutions, placed on this agenda by consent, require no discussion and the same having been previously reviewed by each Governing Body member, be and are hereby adopted in their entirety by the Mayor and Council of the Borough of Franklin Lakes. Full text of all consent agenda resolutions can be found after the Adjournment. Resolution 220-23 Authorize Execution of An Amended Settlement Agreement with SHG Franklin Lakes, LLC Resolution 221-23 Authorize Execution of An Amended Settlement Agreement with Fair Share Housing Center Councilmember Lambrix stated that he believes the Borough has contained this plan as best they can. He discussed wanting the best for the town and regrettably feels the time has come to approve this plan. Councilmember Cardenas stated she is on the Council to be the voice of people. She stated no one has asked her to vote yes and feels strongly that voting yes goes against the 14'h Amendment. She cited the Constitution and stated the strain on the Borough is far less than the cost of the freedom. Councilmember Kelly stated that she is happy the warehouses are off the table, but feels the Federal use allowances are too broad and that 495 units is too many. Special Meeting of the Mayor and Council Page 5 August 24, 2023 Minutes Councilmember Sheppard reiterated Councilmember Lambrix's comments and stated that decisions require comparing risk and reward. He spoke about threat of additional units and feels that this is the best course of action. Roll Call Vote: Ayes: Ansh, Bonagura, Lambrix, Sheppard Nays: Cardenas, Kelly Abstain: Absent: Motion Carried Adiournment Motion to adjourn the meeting was made at 9:02 PM by Council President Bonagura, seconded by Councilmember Ansh. On voice vote, all in favor. Resolution 220-23 RESOLUTION OF THE COUNCIL OF THE BOROUGH OF FRANKLIN LAKES AUTHORIZING THE EXECUTION OF AN AMENDED SETTLEMENT AGREEMENT WITH SHG FRANKLIN LAKES, LLC WHEREAS, pursuant to In re N.J.A.C. 5:96 and 5:97, 221 N.J. 1 (2015) (Mount Laurel IV), on July 2, 2015,the Borough of Franklin Lakes (hereinafter"Franklin Lakes Borough" or the "Borough") filed a Declaratory Judgment Complaint in Superior Court, Law Division seeking, among other things, a judicial declaration that its Housing Element and Fair Share Plan(hereinafter "Fair Share Plan"), to be amended as necessary, satisfies its "fair share" of the regional need for low and moderate income housing pursuant to the "Mount Laurel doctrine;" and WHEREAS, the Borough simultaneously sought, and ultimately secured, a protective order providing Franklin Lakes Borough immunity from all exclusionary zoning lawsuits while it pursues approval of its Fair Share Plan; and, WHEREAS, that process ultimately led to the issuance of a Judgment of Compliance and Repose ("JOR"), which provided the Borough immunity from builder's remedy litigation, and which approved the Borough's Round 3 Housing Element and Fair Share Plan ("HEFSP"); and, WHEREAS, and the Borough and SHG Franklin Lakes, LLC ("SHG") entered into a Settlement Agreement, which provided for the production of affordable housing, on or about April 18, 2023 (the "SHG Settlement"); and, WHEREAS, FSHC objected to the terms of the SHG Settlement, which resulted in mediation between FSHC, the Borough and SHG; and WHEREAS, the Borough and SHG have agreed to a proposed revised Settlement Agreement("Amended SHG Settlement") in the context of the Borough's Round 3 and/or Round 4 plan which includes zoning for multifamily housing with an affordable housing set aside and Special Meeting of the Mayor and Council Page 6 August 24, 2023 Minutes which provides land for the production of a 100% affordable project to replace the "McCoy Road" site; and, WHEREAS, FSHC has expressed support for the Amended SHG Settlement; and, WHEREAS, the Borough and SHG also agreed to present the Amended SHG Settlement to the Trial Judge for approval at a duly-noticed Mount Laurel Fairness Hearing; and, WHEREAS, although there is a well-established policy favoring the settlement of all forms of litigation, the settlement of Mount Laurel litigation is particularly favored because (1) it avoids the expenditure of finite public resources; and(2) expedites the construction of safe, decent housing for the region's low- and moderate-income households; and, WHEREAS, in light of the above,the Mayor and Council finds that it is in the best interest of Franklin Lakes Borough to execute the attached Settlement Agreement with SHG and to take various other actions delineated below to maintain the Borough's immunity from all Mount Laurel lawsuits for the ten-year period set forth in the New Jersey Fair Housing Act, N.J.S.A. 52:27D- 301 to 329. NOW, THEREFORE, BE IT RESOLVED on this 15th day of August 2023, by the Council of the Borough of Franklin Lakes, County of Bergen, State of New Jersey, as follows: 1. The Mayor and Council hereby authorizes the Mayor of the Borough of Franklin Lakes to execute the Amended SHG Settlement attached hereto as EXHIBIT A, as may be subject to de minimus changes by the Borough's Affordable Housing Counsel. 2. The Borough hereby directs its Affordable Housing Counsel to (a) file the fully executed Amended SHG Settlement with the Court for review and approval at a duly noticed Fairness Hearing, (b) take all actions reasonable and necessary to secure an Order approving the Settlement Agreement. Resolution 221-23 RESOLUTION OF THE COUNCIL OF THE BOROUGH OF FRANKLIN LAKES AUTHORIZING THE EXECUTION OF AN AMENDED SETTLEMENT AGREEMENT WITH FAIR SHARE HOUSING CENTER WHEREAS, pursuant to In re N.J.A.C. 5:96 and 5:97, 221 N.J. 1 (2015) (Mount Laurel IV), on July 2, 2015, the Borough of Franklin Lakes (hereinafter "Franklin Lakes" or the "Borough") filed a Declaratory Judgment Complaint in Superior Court, Law Division seeking, among other things, a judicial declaration that its Housing Element and Fair Share Plan(hereinafter "Fair Share Plan"), to be amended as necessary, satisfies its "fair share" of the regional need for low and moderate income housing pursuant to the "Mount Laurel doctrine;" and, Special Meeting of the Mayor and Council Page 7 August 24, 2023 Minutes WHEREAS, the Borough simultaneously sought, and ultimately secured, a protective Order providing the Borough of Franklin Lakes immunity from all exclusionary zoning lawsuits while it pursues approval of its Fair Share Plan; and, WHEREAS, the Borough and FSHC entered into a settlement agreement on or about October 5, 2018 ("the 2018 Agreement"), which determined the Borough's Round 3 obligations and compliance therewith; and, WHEREAS,the 2018 Agreement calculated the Borough's Prior Round obligation as 358 and its Round 3 obligation, after application of the 20% cap, as 709; and, WHEREAS, the 2018 Agreement was predicated upon a Vacant Land Adjustment, which adjusted the Borough's cumulative prior round and Round 3 obligation to an RDP of 340, which resulted in an unmet need of 727; and, WHEREAS, the 2018 Agreement was approved after a duly-noticed fairness hearing and served as the foundation of the Borough's approved Round 3 Housing Element and Fair Share Plan ("HEFSP"); and, WHEREAS, that process ultimately led to the issuance of a Judgment of Compliance and Repose ("JOR"), which provided the Borough immunity from builder's remedy litigation and which approved the Borough's Round 3 HEFSP; and, WHEREAS, on or about April 18, 2023 and subsequent to the entry of the JOR, the Borough and SHG Franklin Lakes, LLC ("SHG") entered into a settlement agreement, which provided for the production of affordable housing at the site commonly referred to as the Cigna Site or the SHG Site (the "SHG Settlement"); and, WHEREAS, FSHC objected to the terms of the SHG Settlement, which resulted in mediation between FSHC, the Borough and SHG; and, WHEREAS, the Borough and SHG have agreed to a revised settlement agreement ("Amended SHG Settlement") in the context of the Borough's Round 3 and/or Round 4 plan which includes zoning for multifamily housing with an affordable housing set aside and which provides land for the production of a 100% affordable project to replace the "McCoy Road" site; and, WHEREAS, FSHC has expressed support for the Amended SHG Settlement; and, WHEREAS, the Parties agree that the "McCoy Road Site", which accounted for 55 units of affordable housing in the 2018 FSHC Settlement is not suitable for multifamily housing and will be replaced by a 100%project that will occur on the SHG Site; and, WHEREAS, FSHC and the Borough wish to amend their settlement agreement to account for the SHG Site and other related terms (the "FSHC Amendment"); and, WHEREAS, the Parties have agreed to present the FSHC Amendment to the Trial Judge for approval at a duly-noticed Mount Laurel Fairness Hearing; and, Special Meeting of the Mayor and Council Page 8 August 24, 2023 Minutes WHEREAS, although there is a well-established policy favoring the settlement of all forms of litigation, the settlement of Mount Laurel litigation is particularly favored because (1) it avoids the expenditure of finite public resources; and(2) expedites the construction of safe, decent housing for the region's low- and moderate-income households; and, WHEREAS, in light of the above,the Mayor and Council finds that it is in the best interest of the Borough of Franklin Lakes to execute the attached FSHC Amendment and to take various other actions delineated below to maintain the Borough's immunity from all Mount Laurel lawsuits for the ten-year period set forth in the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 to 329. NOW, THEREFORE, BE IT RESOLVED on this 15th day of August 2023, by the Council of the Borough of Franklin Lakes, County of Bergen, State of New Jersey, as follows: 1. The Mayor and Council hereby authorizes the Mayor of the Borough of Franklin Lakes to execute the FSHC Amendment attached hereto as EXHIBIT A, as may be subject to de minimus changes by the Borough's Affordable Housing Counsel. 2. The Borough hereby directs its Affordable Housing Counsel to (a) file the fully executed FSHC Amendment with the Court for review and approval at a duly-noticed Fairness Hearing, (b)take all actions reasonable and necessary to secure an Order approving the Settlement Agreement. Respectfully submitted, C(ail M. Rulli, Borough Clerk