Township of Mahwah, NJ
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Tuesday, September 16, 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 for 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, Snyder, Nilufer DeScherer, Associate Township Attorney.

Absent: Martel

Calandrillo made the motion to accept the minutes of July 15, 2003 Housing Commission meeting. Plicinski seconded. Motion approved. Snyder abstained due to absence.

Brotherton made a motion to accept the minutes of the Closed Sessions for December 13, 2002, January 21, 2003, April 15, 2003, May 20, 2003 and July 15, 2003. Plicinski seconded. Motion approved. Snyder abstained from July 15, 2003 minutes due to absence.

Public Portion

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

No Public in attendance.

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


DeScherer submitted a Motion to the Court regarding disbursement of $66,368.63 to the Township of Mahwah from Ridge Gardens Condominium Association.

Housing Manager’s Reports

Report A An offer is being considered on the one unit listed for sale.
Two units listed as rentals, one is a rental pending as of today.

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.

Unfinished Business

a. 137 Raintree Ln.-Court Date 9/26/03

b. 389 Poet’s Way-See below

c. Draft Letter-Unit Expiration-Option to Buy-Tabled

DeScherer reported on events that have occurred on 389 Poet’s Way. On 8/22/03 an Order to Show Cause was heard before Judge Simon to prevent the unit from being lost to Affordable Housing. Judge Simon granted the Order, with restrain, adjourning the Sheriff’s Sale until 10/24/03 with a return date to hear oral arguments on the Motions of 10/10/03. Pending litigation will be discussed in Closed Session.

Resolution H.C.-03-01A-Homeowner requested permission to rent two bedroom affordable housing unit to her estranged husband. Request denied.

Introduced at July 15, 2003 Housing Commission meeting by Brotherton, seconded by Plicinski.

Roll Call for memorializing: Yes-Brotherton, Yes-Calandrillo, Yes-Plicinski, Yes-Raiz,
Yes- Ross.

Resolution H.C.-03-02A- Provides permission for DeScherer to offer the maximum permitted sales price of $123,416.94 to Ameriquest Mortgage Company to prevent the scheduled Sheriff’s Sale of 389 Poet’s Way.

Introduced at July 15, 2003 Housing Commission meeting by Brotherton, seconded by Plicinski.

Roll Call for memorializing: Yes-Brotherton, Yes-Calandrillo, Yes-Plicinski, Yes-Raiz
Resolution H.C.-03-03A-Commission directs and authorizes DeScherer to revise the standard affordable housing language to be included in any future Deed of conveyance, which would not allow any unit to be encumbered for more than 95% of the maximum permitted sale price.

Introduced at July 15, 2003 Housing Commission meeting by Calandrillo, seconded by Brotherton.

Roll Call for memorializing: Yes-Brotherton, Yes-Calandrillo, Yes-Plicinski, Yes-Raiz
Yes -Ross.

New Business

a. Proposed COAH Substantive Rules. Raiz spoke with Joseph Burgis, the Township Planner, who is drafting a preliminary review of the proposed rules and regulations which he will submit to the Commission. Burgis’s office will work closely with the Township Attorney. A sub-committee of Housing Commission members will meet Wednesday, October 15, 2003 to review the proposed rules and regulations.

The Township’s original Substantive Certification from C.O.A.H. expires on July 1, 2004, Burgis mentioned many communities are requesting extensions and recommends the Township due the same. DeScherer will write a letter to COAH immediately regarding the extension.

b. In addition to the regular scheduled meeting for Tuesday, October 21, 2003, the
Commission decided to meet on Thursday, November 13, 2003 to finalize comments
for submission to COAH on the proposed rules and regulations prior to the
December 6, 2003 deadline.

Closed Session

At 9:00 PM Calandrillo made a Motion to enter into Closed Session to discuss pending legal matters, pursuant to the Open Public Meetings Act. Raiz seconded. Motion carried.

At 9:15 PM Brotherton made the Motion to return to Open Session. Plicinski seconded. Motion approved

Being no further business Plicinski made a motion for adjournment at 9:15 PM. Brotherton seconded. Motion carried.

The next regular scheduled Housing Commission is Tuesday, October 21, 2003.

Respectfully submitted,

Mary Ann Reed
Recording Secretary

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