Township of Mahwah, NJ
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Tuesday, July 15, 2003

Chairman, Dr. Bernard Ross, who read the Open Public Meeting Act Statement prescribed by law, called the meeting to order at 8:00 P.M. Notice of the meeting was published in the Ridgewood News on June 6, 2003, posted in the Township Hall and filed in the Township Clerk’s office.

Minutes of the meeting are available from the Township Clerk, the Secretary of the Housing Commission and the Municipal Web site upon adoption by the Commission

Salute To The Flag.

Present: Brotherton, Calandrillo, Plicinski, Raiz, Ross

Absent: Martel, Snyder

Nilufer DeScherer, Associate Township Attorney was present.

Calandrillo made the motion to accept the minutes of June 17, 2003 Housing Commission meeting. Plicinski seconded. Motion approved.

Public Portion

On a motion by Calandrillo, seconded by Brotherton the meeting was opened to the Public.
Motion approved.

No Public in attendance.

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


Correspondence reviewed.

Township Resolution #028-03A approved by the Council on July 2, 2003 was reviewed. Raiz will request clarification of the Township Clerk on item #4, Affordable Housing application fee.

The Council reappointed Diane Snyder to the Housing Commission for a three year period, and Brenda L. Calandrillo was reappointed as the Council representative.

Housing Manager’s Reports

Report A One unit for sale.

Report B No change.

Report C Moved to Closed Session

Report D Moved to Closed Session

Report E Current balance is in excess of $600, 000.00. A Notice of Cross Motion for
Disbursement of Surplus Money was filed by DeScherer for 132 Raintree Lane.

Unfinished Business


New Business

The next Housing Commission meeting is scheduled for Tuesday, September 16, 2003.

Closed Session

At 8:30 PM Brotherton made the Motion to enter into Closed Session to discuss matters of litigation, pursuant to the Open Public Meetings Act. Calandrillo seconded. Motion carried.

At 9:15 PM Brotherton made a Motion to return to Open Session. Calandrillo seconded. Motion carried.

DeScherer summarized the Closed Session. One item before the Commission was correspondence from the Divorce Attorney of the owner of 2010 Hawthorne Lane per the Order signed by Judge Barbara Zucker –Zarett, requesting permission for her husband to occupy the premarital Affordable unit. The husband is not eligible for Affordable Housing. The unit is presently empty and is listed as a rental.

Brotherton made a motion to deny the request for the rental of the Affordable unit to a non-certified tenant following the established Affordable Housing Plan. Plicinski seconded.

Roll Call: Yes Brotherton, Yes Calandrillo, Yes Plicinski, Yes Raiz, Yes Ross.

Motion passed.

DeScherer will direct the Attorney to send correspondence to the Court and the Plaintiff’s Attorney confirming the decision to follow the Affordable Housing Regulations.

389 Poet’s Way is scheduled for Sheriff’s Sale on July 25, 2003. It has come to the attention of the Housing Commission that in May of 2002 a $200,000.00 mortgage was taken on this three bedroom affordable unit. The unit was appraised at Market rate not the Maximum Permitted Affordable Housing Price. Therefore, this is a violation of the Deed restriction on the unit.

In order not to loose the Affordable unit the following actions must be taken:

1- Offer the Maximum Permitted Sales Price of $123,416.94 to the Bank immediately to stop the scheduled Sheriff’s Sale. This is the revised and correct amount, recalculated when the 2003 COAH income guidelines were adopted in May of 2003. Requested prior calculation of $126,272 was completed prior to the new figures showing -0- increase for Maximum Permitted Sales Prices for 2003 and were based on 2002 increase which is used until the new year’s figures was released by COAH in May.

2. The Commission authorized the release of funds for payment to the bank should the offer be accepted. The payment would need to be tendered by Thursday, July 24, 2003.

3. The Commission has authorized the Attorney to commence any action necessary
to maintain this unit as an Affordable one, including any necessary Court action.

Brotherton made the Motion to authorize DeScherer to make an offer to the Lender of 389 Poet’s Way for $123,416.94, the Maximum Permitted Sales Price. In addition, DeScherer should commence additional actions as she outlined above. Plicinski seconded.

Roll Call: Yes Brotherton, Yes Calandrillo, Yes Plicinski, Yes Raiz, Yes Ross.

Motion approved.

Brotherton made a Motion to authorize the Acting Housing Commission Secretary to take immediate action to release $123,416.94 from the Development Trust Fund prior to July 25, 2003 enabling the unit to be purchased should the offer be accepted. Calandrillo seconded.

Roll Call: Yes Brotherton, Yes Calandrillo, Yes Plicinski, Yes Raiz, Yes Ross.

Motion carried.

Calandrillo made a Motion for DeScherer to make changes to the Deed language per information received from COAH. Brotherton seconded. Motion carried.

Respectfully submitted,

Dolores Raiz
Acting Recording Secretary

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