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TOWNSHIP OF MAHWAH

HOUSING COMMISSION MEETING

Thursday, November 13, 2003

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 of the meeting was published in the Ridgewood News on October 10, 2003, posted in the Township Hall and filed in the Township Clerk’s office.

Minutes of the meeting are 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: Brotherton, Calandrillo, Martel, Plicinski, Ross, Snyder
Also present: Nulifer DeScherer, Associate Township Atty.

Absent: Raiz

Plicinski made a motion to accept the minutes of October 21, 2003 Housing Commission meeting, seconded by Calandrillo. Motion carried. Abstain due to absence – Brotherton, Martel, Snyder.

Calandrillo made a motion to accept the minutes of the Housing Commission’s Closed Session of October 21, 2003. Seconded by Plicinski. Motion carried. Abstain due to absence – Brotherton, Martel, Snyder.

Public Portion

On a motion by Brotherton, seconded by Snyder, the meeting was opened to the Public.

No public in attendance.

Calandrillo moved to close the Public Portion. Snyder seconded. Motion approved.

Correspondence

A Resolution will be presented to the League of Municipalities sponsored by Mayor Martel, co-sponsored by Councilman Paton, requesting NJHMF amend its’ rules regarding calculation of adjusted rent for senior citizens age 62 and older. The concerned Mahwah seniors will be notified of the outcome.

A letter was received from Meneloas Toskos, Esq., regarding Ridge Gardens vs. Rogers Manzi and Fred Stubbe. DeScherer stated a check will be cut to the Township of Mahwah for $10,000.00, the agreed settlement and thus will finish the issue.

Housing Manager’s Reports


Report A – At the present time, there are no units available for sale or rent.

Report B - No Change

Report C – Pending Foreclosures – In June 2003, Attorney Tamayne notified the attorneys and lending institutions of the Township’s interest.

Report D – DeScherer will discuss in Closed Session.

Report E – Development Fees – Total balance is in excess of $641,000.00. Other is $205,000.00, Development Fees of over $497,000.00, plus interest for a total of $641,592.17.

Unfinished Business

a. 137 Raintree Lane – Duncan – DeScherer reported the Council has supported a Resolution to accept Settlement on the Duncan matter. Once this is approved, she can do a Stipulation of Settlement.

b. 389 Poet’s Way – Selensky – Judge Simon granted a Summary Judgment in favor of the Township and denied a Motion to Dismiss by Ameriquest. The Bank was requesting interest on the Loan. DeScherer wrote a letter to the Court objecting to their Request of Demand for $147,198.37. Today, DeScherer was informed Judge Simon agreed the Bank should receive whatever interest they would have received under a valid Mortgage. DeScherer has a call into the Judge’s Law Clerk. She feels she should have the opportunity to Brief the issue. If necessary, she will file a Motion. Further discussion moved to Closed Session.

New Business:

a. 1417 Faulkner Court – Klein – This unit was rented and the Township has not received a copy of the lease or the $500.00 fee. DeScherer will address the issue with the owner.

After reviewing the transcript of Judge Simon and Mr. Haber, Brotherton asked if there were any items which should be visited in the Township Ordinance. DeScherer moved discussion to Closed Session.

Comments on the C.O.A.H. Draft – Burgis’s report is a request for modifications. Calandrillo expressed concern of companies moving in and creating 1,000 jobs. Are we going to be penalized because we have all these jobs and need to create more affordable units? If some jobs are lost, do we receive credit? DeScherer stated all will start when the new rules and regulations begin with the 3rd phase. There are a few comments that aren’t really germane to the proposed regulations, but comments that we thought should be clarified for the Township of Mahwah – i.e. credit for extending the controls for an additional 30 years. Then the question becomes does Mahwah have the right under the old rules to extend the controls for another 30 years? Burgis’s report and cover letter from DeScherer will be submitted to C.O.A.H. by the December 5, 2003 deadline period for public comment.

DeScherer is requesting an extension of the Township’s Substantive Certification which expires on July 1, 2004. She will request as much time as possible, which may be to the middle of 2005 or longer.

On a Motion made by Brotherton, seconded by Calandrillo, the next Housing Commission Meeting was changed from Tuesday, December 9th to Wednesday, December 10th, 2003 at 7:00 PM. Motion carried.

Closed Session – At 7:30 PM, Brotherton made a Motion to enter into Closed Session to discuss pending litigation. Plicinski seconded. Motion carried. .

At 7:35 PM, Calandrillo made the Motion to return to Open Session. Brotherton seconded. Motion approved.

Calandrillo asked when the blanket Resolution, regarding the use of Trust Fund monies which will allow the Township to act quickly should the Commission receive a Notice of Foreclosure on an affordable unit will be presented to the Township Council. DeScherer replied it will be on the agenda for the December Council meeting.

Being no further business, Calandrillo made a Motion for adjournment at 7:40 PM. Brotherton seconded. Motion approved.

The next Housing Commission meeting is Wednesday, December 10, 2003 at 7:00 PM.

Respectfully submitted,



Mary Ann Reed
Recording Secretary





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