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TOWNSHIP OF MAHWAH

HOUSING COMMISSION MEETING

TUESDAY, FEBRUARY 15, 2005

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 Ridgewood News on October 29, 2004 stating the meeting would be held in room 311 in the Municipal Offices located at 475 Corporate Drive, Mahwah, New Jersey on Tuesday February 15, 2005.

Notice of the meeting is posted on the Municipal Bulletin Board. 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 Brotherton, Martel (7:05), Plicinski, Raiz, Ross, Snyder.

Also present, Nilufer DeScherer, Associate Township Atty.

Absent: Commission member Calandrillo.

Brotherton made the motion, seconded by Snyder, to approve the minutes of the January 18, 2005 Housing Commission meeting as amended, per DeScherer, by changing the word new to possible on page three, third paragraph, last sentence. All in favor. Motion carried. Plicinski abstained.

Brotherton made a motion, seconded by Snyder, to approve the minutes of the Closed Session of January 18, 2005. All in favor. Motion carried. Plicinski abstained.

PUBLIC PORTION

Brotherton made the motion, seconded by Snyder to open the Public Portion of the meeting. All in favor. Motion carried.

No public in attendance.

Brotherton made the motion, seconded by Raiz to close the Public Portion. All in favor. Motion carried.





CORRESPONDENCE

Reed discussed the COAH December 2004 newsletter referring to the third round Substantive Rules and the new methodology adopted for the growth share approach to providing affordable housing. DeScherer spoke with Joe Burgis, Township Planner, who will begin work on the new housing element by February 20, 2005. Burgis is working on a power point presentation for the Commission on the third round regulations and how it would relate to and impact on the Township. The new Housing Element and Fair Share Plan must first be approved by the Township Council for the third round and be submitted to COAH by December 20, 2005 for approval.

Ross asked Raiz to contact Burgis requesting the presentation for the March 15, 2005 Housing Commission meeting.

HOUSING MANAGER’S REPORTS

Reed reviewed Report A-current sales/rentals. DeScherer stated she may wish to change the wording in the letters being sent to the Attorneys of units being sold/purchased regarding the Deed restrictions. The changes will be forwarded to Reed for inclusion in the cover letters.

Reports B thru E-3 were reviewed. The summary development fee report shows a balance in excess of $900,000.00.

Ross, Raiz, Snyder and DeScherer will meet to discuss the implementation of the Spending Plan for the Development Fees. Raiz suggested Reed also attend. The sub-committee will report to the Commission at the March meeting.

UNFINISHED BUSINESS

a. Draft-Amendment to Ordinance-DeScherer-Tabled- As suggested by COAH, until a full review of the new regulations is completed.
b. 2010 Hawthorne Ln. – Reed reported owner is in compliance and has paid rental fee in full.
c. 2114 Hawthorne Ln. – Violation- moved to Closed Session.

NEW BUSINESS

a. Spending Plan – DeScherer reviewed her February 8, 2005 letter to the Commission regarding an outline of suggestions to amend the spending plan. In reviewing Mahwah’s motion for extension of the Second Round of Certification, COAH expressed concern about the Township’s compliance with its spending plan. Following a discussion with Keith Henderson of COAH, DeScherer stated in order to implement new ideas the spending plan will need to be amended. The amendment will need approval by the Township Council and then by COAH. COAH has required as a condition of extending the Substantive Certification, that the Township presents a very detailed update as to what the Township is doing and how the funds are being spent.

One suggestion by DeScherer is the Ramapo Brae sidewalk project outlined in the original Spending Plan which was never implemented be replaced. As an alternative project, the Trust Fund could subsidize a sidewalk extension for Norfolk Village residents from Kingsbridge Village Way to Fox Lane enabling a safe walkway to the new CVS store.

b. Substantive Certification – Raiz reported on the February 9, 2005 Council
on Affordable Housing meeting in Trenton that she and DeScherer attended.
They met the new Planner for the area. COAH has recommended granting an extension of substantive certification to Mahwah with conditions, regarding the use of the Spending Plan. The Commission must report back within forty –five days with the amended spending plan and also, complete a corrected Development Fee monitoring report for 2004.

CLOSED SESSION

At 7:30 PM Raiz made the motion, seconded by Snyder, to enter into Closed Session for the purpose of discussing Legal matters. All in favor. Motion carried.

At 7:55 PM Brotherton made the motion, seconded by Snyder, to return to Open Session.
All in favor. Motion carried.

Brotherton made a motion, for the Affordable Housing Staff and DeScherer to commence with proceedings and expand on information regarding the affordable unit located at 488 Quince Court bringing a settlement to the issues. Raiz seconded.

Roll Call: yes Brotherton, yes Martel, yes Plicinski, yes Raiz, yes Ross, yes Snyder. Calandrillo-absent.

Motion approved.

On a motion by Snyder, DeScherer is to address a letter to Ameriquest Mortgage Company with a copy to the owner of 1523 Faulkner Court regarding the refinancing which is believed to have encumbered the unit for more than 95% of the maximum permitted sale price, and therefore is a violation of the Affordable Housing Plan. A Title Search is also to be done on the unit. Brotherton seconded.

Roll Call: yes Brotherton, yes Plicinski, yes Raiz, yes Ross, yes Snyder.
Martel- absent (Left meeting at 8:00 PM), Calandrillo-absent.

Motion approved.

Snyder made a motion, authorizing the Affordable Housing Staff and DeScherer to commence enforcement action to bring the unit located at 2114 Hawthorne Lane, back in to compliance by being sold or rented to a certified household from the current list of income eligible households on the waiting list. Brotherton seconded.

Roll Call: yes Brotherton, yes Plicinski, yes Raiz, yes Ross, yes Snyder.
Martel-absent, Calandrillo-absent.

Resolution H.C. 01-05 A Resolution to amend Mahwah’s Spending Plan to include funding of the sidewalk improvement for Norfolk Village, a 100 percent low and moderate income senior housing development, from Kingsbridge Village Way to Fox Lane allowing these residents to walk to a new drugstore located on Fox Lane and to delete the proposal to construct 1,100 linear feet of sidewalk/bike path from Ramapo Brae development to the intersection of Clove Brook Road and Riverview Terrace which due to certain impediments was unable to be completed; and the Township was unable to obtain the required private easement; and the grant monies are no longer available for the installation of this sidewalk/bike path; the Township has sought to find other spending projects which would be consistent with N.J.A.C. 5:03-8.16.

Introduced by: Brotherton
Seconded by: Raiz

Roll Call: yes Brotherton, yes Plicinski, yes Ross, yes Raiz, yes Snyder.
Martel-absent, Calandrillo-absent.

Being no further business, Brotherton made a motion for adjournment at 8:15 PM. Seconded by Snyder. All in favor. Motion carried.

The next scheduled Housing Commission meeting is Tuesday, March 15, 2005 at 7:00 PM.

Respectfully submitted,


Mary Ann Reed
Recording Secretary





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