Township of Mahwah, NJ
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Tuesday, October 21, 2003

Chairman, Dr. Bernard Ross, by reading the Open Public Meetings 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 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, the Secretary of the Housing Commission and the Municipal Web site upon adoption by the Commission.

Salute To the Flag.

Present: Calandrillo, Plicinski, Raiz, Ross, Nilufer DeScherer, Associate Township Atty.

Absent: Brotherton, Martel, Snyder

Calandrillo made the motion to accept the minutes of the September 16, 2003 Housing Commission meeting. Plicinski seconded. Motion approved.

Calandrillo made a motion to accept the minutes of the Housing Commission’s Closed Session of September 16, 2003. Raiz seconded. Motion approved.

Public Portion

On a motion by Calandrillo, seconded by Plicinski the meeting was opened to the Public.

Janice Fox, 624 Plum Terrace, asked the Commission about the application procedure for Affordable Housing. The procedure was explained by Reed. There may be a violation of occupancy and Fox asked if there is a policy in place regarding number of people allowed per bedroom. Reed will check the Township rules and regulations, and also, asked if the Condo Association had been notified of the situation? Fox stated the Condo Association is aware.

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


DeScherer reviewed the letter sent to the Township Council regarding the Township of Mahwah vs. Ameriquest Mortgage Co.; the content will be discussed further in Closed Session.

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- Mortgage Companies, of all four units listed for Pending Foreclosure, have been notified of the Affordable Housing interest in the units.

Report D Moved to Closed Session

Report E Current total balance is in excess of over $600,000.00 with approximately $32,000.00 of expenditures, to date, for 2003.

Unfinished Business

a. 137 Raintree Lane- Duncan- Moved to Closed Session due to Attorney Client
b. 389 Poet’s Way-Selensky- Moved to Closed Session due to Attorney Client

New Business

Resolution H.C.-03-04A-Amendment to the Affordable Housing Plan, Section 24-14 (o), entitled “Excess Proceeds upon foreclosure; sales units” and Township Code to conform as much as possible to C.O.A.H. Regulation and N.J.A.C. 5:94-9.14.

Introduced by: Plicinski

Seconded by: Calandrillo

Roll Call: Yes-Calandrillo; Yes-Plicinski; Yes- Ross; Yes-Raiz.

Ross reviewed the results of the Sub-Committee meeting of October 14, 2003. Several members met to suggest comments to the C.O.A.H. proposed rules and regulations which are to be adopted in 2004. There is an additional meeting scheduled for 8:30A.M. on Thursday, October 23, 2003 with DeScherer, Joe Burgis, the Township Planner, Ross, Raiz and Reed to discuss the Sub-Committee recommendations. The meeting is open to all members of the Commission.

Closed Session

At 8:25 PM Calandrillo made a Motion to enter into Closed Session to discuss pending litigation.
Plicinski seconded. Motion carried.

At 8:45 PM Calandrillo made the Motion to return to Open Session. Plicinski seconded. Motion approved.

DeScherer summarized the Closed Session. Pending litigation regarding Duncan, 137 Raintree Lane was discussed.

Calandrillo made the Motion to accept DeScherer’s recommendation for a Settlement between the Township and Duncan, the previous owner of 137 Raintree Ln. The current remaining funds in the Superior Court Trust Fund are $24,924.54 and would be split equally. Seconded by Raiz.

Roll Call: Yes-Calandrillo; Yes-Plicinski; Yes-Raiz; Yes-Ross.

Motion approved.

The second matter discussed was the ability of the Commission to purchase Affordable Housing units which may go into Foreclosure at a Sheriff’s Sale. Under the local Land and Buildings Law it is necessary to have a Township Ordinance in effect for this type of authorization.

Calandrillo made a Motion to have DeScherer prepare a Housing Commission Resolution for Township Council endorsement, requesting the Council adopt blanket approval allowing the Commission to act quickly, should a Notice of Foreclosure be received by the Commission and to spend Trust Fund monies in order to purchase a unit which may go into Foreclosure in order to preserve it as such. Subject to monies available in the Township Trust Fund, not to exceed 30% of available Trust Fund monies, under the authorization of the Business Administrator or such other person the Township Council felt appropriate.

Calandrillo asked if the Commission should also consider if monies should be made available to purchase a unit and refurbish if necessary. Raiz mentioned available funds to satisfy any outstanding utility bills. DeScherer felt these were different issues and should be addressed separately.

Motion to accept by Calandrillo, seconded by Plicinski.

Roll Call: Yes-Calandrillo; Yes-Plicinski; Yes-Raiz; Yes-Ross.

Motion approved.

Being no further business Calandrillo made the motion for adjournment at 8:50 PM. Plicinski seconded. Motion carried.

The next schedule Housing Commission meeting is Thursday, November 13, 2003 at 7:00 PM.

Respectfully submitted,

Mary Ann Reed
Recording Secretary

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