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TOWNSHIP OF MAHWAH

HOUSING COMMISSION MEETING

Tuesday, September 20, 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 Bergen Record on May 25, 2005 stating the meeting would be held in room 311 of the Municipal Building located at 475 Corporate Drive, Mahwah, New Jersey on Tuesday, September 20, 2005.

Notice of the meeting is posted on the Municipal Bulletin Board and the Municipal Web-site. The minutes of the meeting shall be available from the Township Clerk, Secretary of the Housing Commission and the Municipal Wed-site upon adoption by the Commission.

Salute to the Flag.

Present Commission Members: Brotherton, Calandrillo, Raiz, Ross and Snyder.

Also present (7:10 PM), Nilufer DeScherer, Associate Township Atty.

Absent Commission Member: Martel

Calandrillo made a motion, seconded by Raiz to approve the minutes of July 19, 2005 Housing Commission Meeting. All in favor. Motion carried. Snyder abstained due to absence.

Calandrillo made the motion, seconded by Raiz to approve the minutes of July 19, 2005 Executive Session. All in favor. Motion carried. Snyder abstained due to absence.

PUBLIC PORTION

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

No Public in attendance.

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




CORRESPONDENCE

Correspondence regarding the units located at 366 Cottonwood Way, 1409 Faulkner Court, and 2150 Jordan Court was reviewed.

Ross mentioned the Partnership Report received from the New Jersey Highlands Council which was for informational purposes only.

HOUSING MANAGER’S REPORT

Report A – Sales/Rentals- Report A –Presently two (2) units available for rent, nine (9) sales pending and four (4) rentals pending.

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

488 Quince Court –Moved to Executive Session
735 Pepperidge Court – Moved to Executive Session
1417 Faulkner Court – A request for dismissal of the Summons issued by Municipal Court was made by the Affordable Housing Dept... The owner submitted the rental fee prior to the to the September 20, 2005 First Appearance.

Report C- Pending Foreclosures:

2010 Hawthorne Ln. – Moved to Executive Session.

Report D – Current Foreclosures:

389 Poet’s Way - Moved to Executive Session
914 Thoreau Court – Moved to Executive Session

Report E thru E-3 Affordable Housing Trust Fund- Present balance $1,082,263.45
Year to date Development Fees collected is $92,918.00.

UNFINISHED BUSINESS

a. 389 Poet’s Way – Moved to Executive Session
b. 488 Quince Court – Moved to Executive Session
c. Spending Plan – DeScherer has not received a reply to her letter address to Ms. Voorhoeve, Executive Director of COAH regarding the Spending Plan.

NEW BUSINESS

a. Draft of Housing Element & Fair Share Plan – Raiz reported on the meeting held to review the draft of the Housing Element and Fair Share Plan with the representative from Burgis Associates, Brian Campion, Business Administrator and Reed. Several changes were made. Upon review of the draft the Commission also suggested changes. Calandrillo made a motion to approve the Housing Element & Fair Share Plan as amended and have a corrected draft passed onto the Planning Board for review as soon as possible. Seconded by Brotherton.

Roll Call: yes Brotherton, yes Calandrillo, yes Raiz, yes Ross, yes Snyder.

Motion approved.

At 8:00 PM Calandrillo made the motion, seconded by Raiz to enter into Executive Session for the purpose to discuss the following pending Legal matters:

a- 389 Poet’s Way –Selensky
b- 488 Quince Court-Moskel
c- 735 Pepperidge Road- Wraga
d- 914 Thoreau Court- Parks
e- 2010 Hawthorne Lane- Butler-Taylor
f- Housing Element & Fair Share Plan

Motion approved.

At 8:40 PM Calandrillo made the motion to return to Open Session. Raiz seconded. All in favor. Motion carried.

2010 Hawthorne Lane-Butler-Taylor-Complaint in Foreclosure, since it has been determined this unit has a mortgage in excess of the Maximum Permitted Resale Price, DeScherer recommended that Counsel be authorized to commence with litigation to save the unit and also proceed against Ms. Butler for having entered into an illegal mortgage.

Brotherton made the motion to proceed with litigation on 2010 Hawthorne Lane as recommended by DeScherer. Snyder seconded. Ross requested an expeditious filing.

Roll Call: yes Brotherton, yes Calandrillo, yes Raiz, yes Ross, yes Snyder.

Motion approve.

914 Thoreau Court- Parks- Complaint of Foreclosure. After review of Ordinance No. 1481, which authorizes the acquisition by the Township on the sale of Affordable Housing units that are subject to a foreclosure proceeding or Sheriff’s Sale or otherwise at risk of being lost from the Township’s Affordable Housing stock, DeScherer recommended the Ordinance be amended to allow a representative from the Township to attend the Sheriff’s Sale and bid whatever is necessary to keep the unit part of the Affordable Housing stock. Snyder recommended the Township bid on the units with the intent that any and all surplus funds be turned over to the Township.

Snyder made a motion to amend the Ordinance with the above language. Calandrillo seconded.

Roll Call: yes Brotherton, yes Calandrillo, yes Raiz, yes Ross, yes Snyder.

Motion approved. DeScherer will amend the Ordinance and send on to the Township Council for approval.

389 Poet’s Way –Selensky-Brotherton made the motion for DeScherer to write a strong letter to Ameriquest Mortgage Company with a cover letter to the Court seeking the enforcement of Judge Simon’s Court Order regarding this unit. Calandrillo seconded.

Roll Call: yes Brotherton, yes Calandrillo, yes Raiz, yes Ross, yes Snyder.

Motion approved.

Housing Element & Fair Share Plan- Brotherton made a motion to amend the previously approved report to read on Page 63, paragraph r: “ All individuals or households seeking to purchase an affordable unit must certify that it is their intention to occupy the affordable unit as their primary place of residence.”

In addition the second paragraph r, page 63 should read: “ An owner may request that the Housing Commission waive the owner occupancy requirement for hardship consideration, which waiver shall not exceed more than a one (1) year period.”

Snyder seconded.

Roll Call: yes Brotherton, yes Calandrillo, yes Raiz, yes Ross, yes Snyder.

Motion approved.

488 Quince Court- Moskel – DeScherer will write a letter to the owner’s Atty. with a deadline of compliance.
735 Pepperidge Road-Wraga- Information was reviewed.

Ross asked the members to make suggest names at the next Housing Commission meeting to fill the present vacancy on the Housing Commission. Suggestions will be forwarded to the Mayor for consideration.

Being no further business, Calandrillo made the motion for adjournment at 9:55 PM. Raiz seconded. All in favor. Motion carried.

The next scheduled Housing Commission meeting is Tuesday, October 18, 2005 at 7:00 PM in room 311 of the Municipal office complex.

Respectfully submitted,



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