Township of Mahwah, NJ
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Tuesday, January 17, 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, January 17, 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: Brotherton, Calandrillo, Martel (8:05 PM), Raiz, Ross, Snyder and Wiley.

Also present, Nilufer DeScherer, Associate Township Attorney.

Raiz made the motion, seconded by Snyder to approve the minutes of December 13, 2005 Housing Commission meeting. All in favor. Motion carried. Calandrillo and Wiley abstained due to absence.

Brotherton made a motion, seconded by Snyder to approve the minutes of the December 13, 2005 Executive Session. All in favor. Motion carried. Calandrillo and Wiley abstained.

Ross welcomed Carol Wiley, a new member to the Commission.


On a motion by Calandrillo, seconded by Snyder the meeting was open to the Public. All in favor. Motion carried.

No comments were made by the Public.

Brotherton moved to close the Public Portion, seconded by Calandrillo. Motion carried.


Correspondence was discussed. Brotherton reviewed the November/December 2005 Newsletter from COAH regarding development fees.

As a follow up to her letters, DeScherer has left messages for Lucy Voorhoeve and Kate Butler of C.O.A.H.


Report A- Sales/Rentals- Three (3) units available for rent, one (1) sale pending.

Report B – Violations/Potential Violations:

488 Quince Court – DeScherer will forward a copy of the recorded Quit Claim
Deed for the Saddle River unit.

Report C- Pending Foreclosures – No Changes

Report D- Current Foreclosures:

389 Poet’s Way –DeScherer has attempted to contact the Attorney for
Ameriquest. She will send a letter addressing the issue
and if necessary return to Court.

914 Thoreau Ct. –A date has not been scheduled for a Sheriff’s Sale. DeScherer
spoke to the County Attorney and will meet to set up a
procedure for the Township.

2010 Hawthorne Ln. – Moved to Executive Session.

Report E thru E-3 Affordable Housing Trust Fund- Total Development Fees collected for 2005-$137,163.00. Total expenses for 2005 were $76,809.73 with additional $2,157.19 encumbered.


a. 389 Poet’s Way –Ameriquest Mortgage Co./ Selensky – See above-Report D
b. 488 Quince Court-Moskel – See above-Report B
c. 2010 Hawthorne Lane-Butler- Moved to Executive Session
d. Procedure for Sheriff’s Sale – DeScherer is working on the procedure.
e. Power of Attorney –DeScherer will prepare the forms.


a. Down Payment Assistance/Spending Plan – Raiz and Reed explained
assistance has been offered to more than a half dozen households, to date,
none have come forward to apply. Further discussion moved to Executive Session.

At 7:20 PM, Brotherton 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. Calandrillo seconded.

DeScherer addressed the matters for discussion:

a. 2010 Hawthorne Lane- Butler
b. Down Payment Assistance/Spending Plan

At 8:05 PM Calandrillo made the motion, seconded by Brotherton to return to Open Session. All in favor. Motion carried.

Calandrillo made a motion for DeScherer to proceed with the Butler Litigation by filing a Notice of Motion to Intervene on behalf of the Township, being consistent with the recent ruling in the Wells Fargo Bank Court Case. Brotherton seconded.

Roll Call: yes Brotherton; yes Calandrillo; yes Martel;
yes Raiz; yes Ross; yes Snyder;
yes Wiley.

Motion approved.

Wiley asked if the Commission is considering raising the Development Fees, since new construction is slowing down. DeScherer explained the procedure other Municipalities have followed. The 20% restricted amount for the administrative portion is becoming an issue due to less building.

DeScherer will draw up a draft Resolution for the February Housing Commission meeting to amend the Development Fee from ½% to 1% for residential and 1% to 2% for non-residential. If ratified by the Commission it will be forwarded to the Township Council for approval.

Being no further business Calandrillo made the motion for adjournment at 8:15 PM. Brotherton seconded. All in favor. Motion carried.

The next scheduled Housing Commission meeting is Tuesday, February 21, 2006 at 7:00 PM in room 311 of the Municipal office complex.

Respectfully submitted,

Mary Ann Reed
Recording Secretary

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