Township of Mahwah, NJ
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TUESDAY, MAY 17, 2005

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 Ridgewood News on October 29, 2004 stating the meeting would be held in room 311 in the Municipal Offices located at 475 Corporate Drive, Mahwah, New Jersey on Tuesday, May 17, 2005.

Notice of the meeting is posted on the Municipal Bulletin Board. 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, Raiz, Ross and Snyder.

Also present, Nilufer DeScherer, Associate Township Atty.

Absent Commission Members: Calandrillo, Martel and Plicinski.

Brotherton made the motion, seconded by Snyder, to approve the minutes of the April 19, 2005 Housing Commission meeting. All in favor. Motion carried.

Brotherton made the motion, seconded by Snyder, to approve the minutes of the Closed Session of April 19, 2005. All in favor. Motion carried.


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

No Public in attendance.

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


Reed reviewed the correspondence. An Affordable Housing press release was sent to the local papers, Brotherton suggested the Villadom Times be included in the mailing.

DeScherer was copied on a foreclosure complaint notice filed by U.S. Bank National Association against an owner of an Affordable unit in Ridge Gardens. The Ridge Gardens Association is named a defendant in the foreclosure suit because of multiple judgments arising out of non-payment of maintenance obligations. DeScherer did a Title Search on the unit and found it to have a first mortgage of $75,000.00 and approximately $9,500.00 overdue monthly association fees, plus interest.

Brotherton made the motion for the Housing Commission to make an offer to the owner to purchase the unit at the Maximum Permitted Affordable Housing purchase price with consideration given to the unpaid maintenance fees. Snyder seconded.

ROLL CALL: Yes Brotherton, Yes Raiz, Yes Ross, Yes Snyder.

Raiz will send a letter to the owner with the above offer.


Report A-Sales/Rentals- The report shows five sales pending and eight rentals pending. One owner withdrew his unit from the rental listing due to being unavailable to show the unit.

Report B- Violations/Potential Violations – The following units were discussed:

107 Raintree Lane – Moved to Executive Session
488 Quince Court- DeScherer spoke to the owner’s Atty. earlier in the day; she will send official notification to the owner and her Atty. by 5/18/05 informing them of the Commissions’ decision of April 19, 2005.
735 Pepperidge Court-Scheduled for trial on June 3, 2005 in the Municipal Court for Vicinage 2 Bergen County. The Case against the Twp. in Small Claims Court was dismissed without prejudice.
775 Sassafras Court. – Owner and prospective tenant have not signed a Lease as of yet.
1523 Faulkner Court – Moved to Executive Session
2114 Hawthorne Lane – A letter will be sent to the owner, reminding them of the June 1, 2005 deadline to bring the unit into compliance.

Report C- Pending Foreclosures – No Changes

Report D – Current Foreclosures – DeScherer spoke to the Attorney for Ameriquest, the Sheriff’s Sale for 389 Poet’s Way will probably occur sometime in July. She will forward information on Sheriff’s Sale procedures to the Affordable Housing Dept., for distribution, and will also find out if it is feasible for the Twp. to attend the Sheriff’s Sale to purchase the unit at the Maximum Permitted Sales Price.

Report E thru E-3 Affordable Housing Trust Fund – Account balance $1,042,484.84. Development fees collected to date for 2005 are $53,861.50.

a. Ameriquest Mortgage Co. – 389 Poet’s Way & 1523 Faulkner Ct.-
See Above-Report B and D
b. Moskal – 488 Quince Court – See above, Report B
c. Hardship Assistance Payment – DeScherer had verbal confirmation from COAH that it is permissible for the Twp. to make payment directly to a Mortgage Co.
d. 2114 Hawthorne Lane – See above, Report B
e. Repayment Mortgage Forms –DeScherer moved to Executive Session
f. Attorney Letters –DeScherer moved to Executive Session
g. Rentals –Moved to Executive Session
h. Voorhoeve Letter Re: Spending Plan- DeScherer has heard nothing from COAH on the amended Plan proposals.


a. Burgis Proposal-Preparation of Housing Element & Fair Share Plan –
The Housing Element & Fair Share Plan is required as part of the third round obligation in accordance with the third round rules that were recently adopted by COAH. The Housing Element will become part of the Township’s Master Plan, which will need to be updated next year; Raiz asked if the cost will be divided between the Housing Commission and the Planning Board? DeScherer received a revised proposal from Burgis, outlining the specific time line of each draft for review. The deadline for completion and submission to COAH is December 20, 2005; the proposal is for up to $20,000.00 for completion of the project.

Resolution H.C.-02-05 Professional Services Contract to be awarded to Joseph Burgis, P.P., currently retained as the Township’s Planner to prepare the Housing Element and Fair Share Plan as required by COAH’s Third Round Substantive Certification Regulations.

Introduced by: Brotherton

Seconded by: Raiz

Roll Call: Yes Brotherton, Yes Raiz, Yes Ross, No Snyder.

Motion carried.

b. Uniform Housing Affordability Controls – Ross appointed a Sub-
Committed to compare the Uniform Housing Affordability Controls N.J.A.C.
5:80-26.1 et seq as amended December 20, 2004 with the Township’s Affordable Housing Plan, Ordinance #1294. A date will be scheduled for the meeting, the sub-committee members are Brotherton, Raiz, Ross, Snyder and Reed.

c. 2005-2006 Affordable Housing Meeting Schedule- Raiz made a motion to accept the proposed dates. Brotherton seconded. Motion approved.

d. 2002 -2003 COAH Annual Report – Members reviewed the report. Snyder mentioned she noticed it seems there are some Municipalities who have not complied with the requirements COAH has established.

At 8:15 PM Snyder made the motion, seconded by Raiz to enter into Closed Session for the purpose of discussing Legal matters. Motion approved.

At 8:45 PM Brotherton made the motion to return to Open Session. Snyder seconded. All in favor. Motion carried.

Brotherton made the motion authorizing Reed to send a letter to the owner of 107 Raintree Lane, informing the owner they have thirty (30) days to bring the unit into compliance by: a-Submitting payment to the Township $4,420.00, the amount of excess rent collected, b-$50.00 rental calculation fee, c-$500.00 rental fee per Ordinance No. 1294. In addition, the Commission is to receive an amended Lease with the proper rental amount. If the owner does not comply within the thirty day (30) deadline, the Commission will begin legal action.

Snyder seconded.

Roll Call: Yes Brotherton, Yes Raiz, Yes Ross, Yes Snyder.

Motion carried.

DeScherer will correspond with Richard Haber, Attorney for Ameriquest Mortgage Company regarding 1523 Faulkner Court.

The Affordable Housing Department will continue using the same forms as in the past, rather than the newer COAH forms.

Raiz mentioned the bill received from Burgis Associates, Inc. in the amount of $1,090.00 for the preparation and Power Point presentation to the Housing Commission at the March meeting is part of his proposal.

Being no further business, Brotherton made the motion for adjournment at 8:50 PM. Raiz seconded. All in favor. Motion carried.

The next scheduled Housing Commission meeting is Tuesday, June 21, 2005 at 7:00 PM in room 311 of the Municipal Office Complex.

Respectfully submitted,

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