Township of Mahwah, NJ
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Dr. Bernard Ross, Chairman, called the meeting to order at 8:00 PM by reading the Open Public Meetings Act Statement as prescribed by law. Notice of this meeting was published in the Ridgewood News on June 6, 2003 stating the meeting would be held in Room 311 in the Municipal office complex at 475 Corporate Drive, Mahwah, New Jersey on Tuesday, February 17, 2004 at 8:00 P.M.

Notice of this meeting is posted on the Municipal Bulletin Board. The minutes 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: Brotherton, Calandrillo, Plicinksi, Raiz, Ross, Snyder.
Nilufer DeScherer, Associate Township Atty.

Absent: Mayor Martel

Calandrillo made a motion, seconded by Snyder, to accept the minutes of January 20, 2004 Housing Commission meeting. Motion carried. Brotherton abstained due to absence.

Calandrillo made a motion, seconded by Raiz, to accept the minutes of the Closed Session of January 20, 2004. Motion carried. Brotherton abstained due to absence.


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

No Public in attendance.

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


Correspondence was reviewed.


Report A - Current Sales/Rentals. The two units listed with sale pending have closed; there are three units with rentals pending.

Report B- Violation - No change. A Summons will be issued to the owner of 1417 Faulkner Court.

Report C- Pending Foreclosures. In addition to the units shown on the report, Reed reported, 194 Larch Lane, Mahwah, New Jersey scheduled for Sheriff’s Sale for March 5, 2004. The Notice appeared in the Ridgewood News on Friday, February 13, 2004.

Report D-Current Foreclosure List. A check from the Superior Court of New Jersey for 137 Raintree Lane, in the amount of $13,015.88 was received by the Township. This is the amount of the remaining Surplus Funds, plus interest, as agreed to in the Proposed Form of Order.

Reports E-1, 2, 3-Development Fees. The present balance in the account is in excess of $755,000.00.


a. 137 Raintree Lane-Duncan –See Above-Report D

b. 389 Poet’s Way-Selensky-DeScherer distributed information on a recent Decision regarding “excess mortgages” made by Judge Francis of Middlesex County, New Jersey. The Judge granted South Brunswick’s motion for Partial Summary Judgment on the basis that any mortgage in excess of the maximum permitted sale price constitutes an illegal mortgage. This is the second decision in favor of municipalities confronted with “excess mortgage” cases. Donald Sear, Esq., the attorney for South Brunswick has been very helpful with the Poet’s Way case.

The South Brunswick’s case was a little different, they intervened before the Foreclosure action level, and they also had several liens in place on the unit.

The Atty. for Ameriquest Mortgage Co. has requested a 30 day extension for filing their Brief, Changing the date to April 13, 2004. The Township’s Brief will be due on April 14, 2004. DeScherer does not expect Poet’s Way to come before the Judges in the Appellate Division before July, at the earliest.

DeScherer has contacted William Dressel; Executive Director of the League of Municipalities, the League will add this issue to their next agenda for discussion. Donald Sear, Esq., of New Brunswick, is also going to contact the League requesting their involvement and support.

c. Ridge Gardens: Surplus Funds being held in New Jersey Superior Court Trust Fund for 1411 Faulkner Court & 2107 Hawthorne Lane-
DeScherer has drafted an Application for Surplus Funds, but must notify several parties before proceeding.

d. Violation-1417 Faulkner Court- DeScherer reported the Summons was not issued, but will be by Friday, February 20, 2004.

e. H.C. Resolution 01-04-Trust Fund –DeScherer will e-mail the Resolution with corrections, including removing “and/or rental” from the document, to the Affordable Housing Dept. by tomorrow morning. The Resolution will be passed on to the Twp. Clerk’s office to be placed on the agenda for Twp. Council’s meeting of 2/19/04.


At 8:15 PM, Calandrillo made a motion, seconded by Snyder, to enter into Closed Session, for the purpose of discussing 194 Larch Lane, Mahwah, New Jersey.
Motion carried.

At 8:25PM, Calandrillo made a motion, seconded by Raiz, to return to Open Session. Motion carried.

DeScherer will send a letter to Cendant Mortgage Corp., requesting an adjournment of the Sheriff’s Sale scheduled for March 5, 2004 for 194 Larch Lane, Mahwah, New Jersey.

Brotherton made the motion for DeScherer to prepare an immediate Housing Commission Resolution, requesting the Township Council grant permission, to appropriate staff including the Township Counsel, allowing the authorization for acquisition of the affordable housing unit located at 194 Larch Lane. Plicinski seconded. Motion carried.

DeScherer was directed to negotiate to purchase the Property, offering up to the maximum permitted sales price of $104,306.00 immediately in order to prevent the scheduled Sheriff’s Sale, with funds to be made available from the Development Fee Trust Fund.

Being no further business, Brotherton made the motion for adjournment at 8:35 PM. Seconded by Calandrillo. Motion carried.

The next Housing Commission is Tuesday, March 16, 2004 at 8:00 PM.

Respectfully submitted,

Mary Ann Reed
Recording Secretary

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