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TOWNSHIP OF MAHWAH

HOUSING COMMISSION MEETING

Tuesday February 21, 2006

The meeting was called to order at 7:00 PM by Chairman, Dr. Bernard Ross, who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in the Bergen Record on May 25, 2005 stating the meeting would be held in room 311 of the Municipal Building located at 475 Corporate Drive, Mahwah, New Jersey on Tuesday February 21, 2006.

Notice of the meeting is posted on the Municipal Board and the Municipal Web-site. The minutes of the meeting shall be available from the Township Clerk, Secretary of the Housing Commission and the Municipal Web-site upon adoption by the Commission.

Salute to the Flag.

Present Commission Members: Calandrillo, Raiz, Ross, Snyder and Wiley.

Also present, Nilufer DeScherer, (7:10pm) Associate Township Attorney.

Absent Commission Members: Brotherton and Martel.

Moved by Calandrillo, seconded by Raiz and, agreed by all present, the minutes of January 17, 2006 Housing Commission meeting were approved.

Calandrillo made a motion, seconded by Wiley to approve the minutes of the January 17, 2006 Executive Session. All in favor. Motion approved.

PUBLIC PORTION

Moved by Calandrillo, seconded by Snyder the meeting was open to the Public. All present agreed.

There being no Public in attendance, Calandrillo made the motion, seconded by Snyder to close the Public Portion. All in favor. Motion approved.

CORRESPONDENCE

Correspondence was reviewed.





HOUSING MANAGER’S REPORTS

Report A- Sales/Rentals –Three (3) units remain available for rent. One owner has reduced the rental amount, hoping to acquire a tenant. One other unit has a rental pending.

Report B –Violations/Potential Violations:

488 Quince Court – DeScherer submitted a copy of the recorded Quit Claim
Deed for the Saddle River property which has been placed in Mahwah’s file.

735 Pepperidge Court – Moved to Executive Session

Report C – Pending Foreclosures – DeScherer recognized the assistance Raiz gave
to an owner in helping settle a pending foreclosure.

Report D – Current Foreclosures:

389 Poet’s Way – DeScherer will sent a letter to Court seeking
enforcement of the Court Order.

914 Thoreau Court – No changes

1409 Faulkner Court –Raiz spoke to the Management Company earlier today,
they’re to call back with further information.

2010 Hawthorne Lane – DeScherer reported Judge Escala has moved the case to
Judge Doyne’s Court. DeScherer was advised Judge
Doyne has signed the Order, authorizing the Township
to intervene in the matter.

2077 Drake Court – Raiz sent a follow up letter to the owner.

Report E-thru E-3 Affordable Housing Trust Fund – Development Fees collected to date are $31,849.81. Reed reported the annual Affordable Housing Trust Fund monitoring report for 2005 has been completed and forwarded to Trenton.

UNFINISHED BUSINESS

a. 389 Poet’s Way-Ameriquest Mortgage Co./Selensky – See Above-Report D
b. 2010 Hawthorne Lane –Butler – See above-Report D. Further discussion moved to Executive Session
c. Procedure for Sheriff’s Sale – DeScherer is trying to reach the Attorney for the County who handles the Sheriff’s Sales.
d. Power of Attorney – DeScherer is checking on the form.
NEW BUSINESS

a. Development Fee-Draft Ordinance- A draft Ordinance to increase Affordable Housing Development Fees and amend Chapter 24 of the Township Code was presented by DeScherer. The Commission entered into a broad discussion. Reed distributed part of an article which appeared in the Sunday, February 12, 2006 edition of the Newark Star Ledger regarding Affordable Housing.

The Ordinance if approved by the Township Council will increase the development fee of one half of one percent (0.5%) of the equalized assessed value of any eligible residential activity to a fee of one (1%) percent.

The nonresidential development fee of one percent (1%) of equalized assessed value of eligible nonresidential activities will become two (2%) percent.

Moved by Wiley and, seconded by Snyder, DeScherer will present the Ordinance to the Township Council for consideration.

Roll Call: 5 Ayes
2 Absent

DeScherer reviewed the process; if the Township Council adopts the Ordinance, it will then need approval by COAH.

b. Attorney letters for unit sales- DeScherer will finalize the revisions.

At 7:35pm, Wiley moved that the Housing Commission consult in private with its Attorney concerning the Commission’s Legal rights and duties in reference to specific matters; the exact discussion will not be disclosed. However, any action to be taken by the Commission as a result of said conference shall be taken in public. Snyder seconded.

DeScherer stated pending litigation would be discussed.

At 8:10pm, Calandrillo made the motion, seconded by Snyder to return to Open Session. All in favor. Motion carried.

Wiley moved to amend Ordinance 1294; Township of Mahwah’s Affordable Housing Plan, with the following two provisions:

1-Strengthing the Enforcement and Penalty Provisions
2-Owners of units who are in arrears of the $500.00 rental fee; must pay the fee prior to the Housing Commission processing a new request. In
addition, a second check for $500.00 or whatever the fee maybe at
that time must be submitted for the new request, the second check will
be held in a Trust Account until the unit is rented.

Snyder stated the need for this Amendment came out of a Legal discussion with DeScherer during the Executive Session in response to prior litigation.

Calandrillo seconded the motion.

Roll Call: 5 Ayes
2 Absent

Motion approved.

There being no further business or discussion, a motion to adjourn at 8:15pm was made by Calandrillo, seconded by Snyder and, approved by all present.

The next scheduled Housing Commission is Tuesday, March 21, 2006 at 7:00 PM.

Respectfully submitted,


Mary Ann Reed
Recording Secretary




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