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TOWNSHIP OF MAHWAH

HOUSING COMMISSION MEETING

TUESDAY, OCTOBER 26, 2004


The meeting was called to order at 8:00 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 8, 2004 stating this meeting would be held in room 311 in the Municipal Offices at 475 Corporate Drive, Mahwah, New Jersey on Tuesday, October 26, 2004 at 8:00 PM.

Notice of this meeting is posted on the Municipal Bulletin Board. The minutes of this 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, Calandrillo, Martel, Plicinski, Raiz, Ross and Snyder.

Also present Nilufer DeScherer, Associate Township Atty.

Calandrillo made a motion seconded by Plicinski to accept the minutes of the September 21, 2004 Housing Commission meeting. All in favor. Motion carried. Brotherton abstained due to absence.

Calandrillo made the motion to approve the minutes of the September 21, 2004 Closed Session. Plicinski seconded. All in favor. Motion carried. Brotherton abstained due to absence.

PUBLIC PORTION

On a motion by Calandrillo, seconded by Brotherton, 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

Correspondence was reviewed.

HOUSING MANAGER’S REPORTS

Report A – Current Sales/ Rental units- One unit listed for re-sale. One unit with a rental pending. Five units with sales pending.

Report B – Violation/Potential Violations:

a. 735 Pepperidge Ct. –Violation Complaint pending.


b. 775 Sassafras Ct.- Potential Violation

Report C- Pending Foreclosures – No changes.

Report D- Current Foreclosures-Moved to Closed Session

Report E, E-1, 2 & 3- Development Fee-Report reviewed, account balance in excess of $900, 000.00.

UNFINISHED BUSINESS

a. Ridge Gardens:- 1411 Faulkner Ct., 2107 Hawthorne Ln.- DeScherer filed
Motion for recovery of Surplus Funds.

b. Letter to owners: Re: Refinance, etc.- DeScherer-Tabled

c. Deed Language-Re: Municipal POA-DeScherer- Resolution H.C.-04-03-Municipal Power of Attorney.

Introduced by Calandrillo, seconded by Snyder.

Roll Call: Yes- Brotherton, Yes- Calandrillo, Yes- Plicinski, Yes- Martel as corrected, Yes-Ross as corrected, Yes- Raiz as corrected, Yes- Snyder.

Housing Commission Resolution 04-03 approved with corrections.

d. 1168 Sycamore Ln. DeScherer-moved to closed Session.

e. Rental Status- Snyder requested information on the status of the unit rentals.
DeScherer wrote to Keith Henderson in March of 2004 regarding rentals, she has not received a response. DeScherer will send another letter.
NEW BUSINESS

a. Extension of Substantive Certification- The Township had received an extension of the second round of Substantive Certification pending the adoption of the third round of the COAH rules and regulations. Subsequent to that ruling there was a Court Case which found the procedure adopted by COAH to extend the second round of extensions was faulty. The ruling was all of the extensions which had been granted previously were null and void after sixty days. New regulations were adopted by COAH for the extension process requiring another Resolution. DeScherer will prepare a new Resolution for the next Housing Commission meeting of November 9, 2004.

CLOSED SESSION

At 8:30 PM Calandrillo made a motion, seconded by Plicinski, to enter into Closed Session, for the purpose of discussing:

a- 389 Poet’s Way
b- 1168 Sycamore Ln.

At 9:15 PM Calandrillo made a motion, seconded by Plicinski, to return to Open Session. All in favor. Motion carried.

Resolution H.C. 04-04 – an action by the Township of Mahwah against Ameriquest Mortgage Company, concerning the foreclosure of the affordable housing unit located at 389 Poet’s Way.

This Resolution would authorize Counsel to execute any necessary document consenting to Ameriquest’s withdrawal of its appeal provided that a written Stipulation be executed between Ameriquest and the Township that provides as follows:

1. The parties acknowledge that the trial court granted the Township’s cross motion for summary judgment in this matter.
2. The maximum amount that Ameriquest is entitled to by way of a Sheriff’s Sale is the sum of $147,198.37, together with lawful interest from November 21, 2003 on the total sum due plaintiff, together with costs of this suit to be taxed, including a counsel fee of $1,599.04 raised and paid in the first place out of the mortgaged premises, pursuant to the Order, dated November 13, 2003, of the trial court below.
3. Ameriquest shall proceed with a Sheriff’s Sale on the Property, subject to the Property remaining an affordable housing unit. The Sheriff’s Deed shall include specific language reciting applicable affordable housing restrictions including, without limitation occupancy, rental and resale restrictions, in accordance with the affordable housing restrictions promulgated by the Township of Mahwah and the New Jersey Council on Affordable Housing.

Introduced by: Calandrillo
Seconded by: Brotherton

Roll Call: Yes-Brotherton, Yes-Calandrillo, Yes-Plicinski, Yes-Martel, Yes-Ross, Yes-Raiz, Yes-Snyder.

Martel asked if any of the Commission members would be interested in changing the time of the scheduled Housing Commission meetings from 8:00 PM to 7:00PM.

Calandrillo made a motion to move the start time of the Housing Commission meetings to 7:00 PM, beginning with the November 9, 2004 meeting. Seconded by Martel.

Roll Call: Yes-Brotherton, Yes-Calandrillo, Yes-Martel, Yes-Plicinski, Yes-Raiz, Yes-Ross, Yes-Snyder.

Motion approved.

Being no further business, Calandrillo made the motion for adjournment at 9:25 PM. Seconded by Plicinski. All in favor. Motion carried.

Respectfully submitted,



Mary Ann Reed
Recording Secretary



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