TOWNSHIP OF MAHWAH

HOUSING COMMISSION MEETING

Tuesday September 16, 2008

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, 2007 stating that the meeting would be held in Room 311 of the Municipal Building located at 475 Corporate Drive, Mahwah,

New Jersey on Tuesday, September 16, 2008.

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 web-site upon adoption by the Commission.

Present Commission Members: Mr. Alderisio, Mr. Brotherton, Ms. Raiz, Dr. Ross, Ms. Wiley

Absent Commission Members: Mayor Martel

Also present: Ms. Nilufer DeScherer, Associate Township Attorney.

Mr. Brotherton made the motion, seconded by Mr. Alderisio, to approve the minutes of the July 15, 2008 Housing Commission meeting. All in favor. Motion approved. Mr. Brotherton made the motion, seconded by Mr. Alderisio, to approve the Executive Session minutes of July 15, 2008. All in favor. Motion approved.

Ms. Wiley made a motion, seconded by Mr. Brotherton to enter into Public session. There being no public in attendance, a motion was made by Ms. Wiley and seconded by Mr. Brotherton to close Public Session. All in favor. Motion approved.

CORRESPONDENCE:

759 Sassafras Court- See Executive Session

748 Pepperidge Rd. - See Executive Session

Mr. Alderisio will discuss with the Police Department if there are any investigative tools that they can offer to aid in possible violation cases.

307 Cottonwood Way - Settled

MANAGER’S REPORT:

A.  Two units are currently under contract. There are six open rentals as of this date.

389 Poet’s Way – Sale price to be recalculated in order to write contract. Maximum Sales Price to be recalculated as of 9/1/2008 and forwarded to N. DeScherer which will be included in a resolution for the Commission in order to conclude the sale.

Recommendation was made to offer a $4,000.00 stipend to the buyers in lieu of the Township seeing to the repairs. N. DeScherer will verify that the current ordinance provides for this. D. Raiz will prepare a cost estimate of repairs for 194 Larch Lane and forward estimate to N. DeScherer in order for a resolution to be submitted to the October 2, 2008 Council meeting. .

The Trust Fund balance as of 8/31/2008 was $1,766,265.99. The Non- Development Trust Fund balance was $344,998.38.

Building Department has initiated new Commercial Development Fee of 2.5% required by COAH. Transit village projects would not be subject to the same Development Fee amounts.

C. UNFINISHED BUSINESS:

FORECLOSURES:

a. 389 Poet’s Way – Unit sold and contract being prepared

b. 543 Holly Court – N.DeScherer will send a letter to confirm Foreclosure

action may have been dropped.

c. 923 Thoreau Court – No new activity

d. 1080 Ash Drive – No new activity

e. 1409 Faulkner Court – No new activity

f. 1414 Faulkner Court – Bankruptcy hearing in October

D. NEW BUSINESS:

a.Violations

735 Pepperidge Rd. – Executive Session

759 Sassafras Court- Owner has had three illegal tenants. Data is being collected to proceed with compliance enforcement.

748 Pepperidge Rd. - Owner has had one illegal tenant. Data is being collected to proceed with compliance enforcement.

b. Rental Update – Ongoing

c. Third Round Update – August 15, 2008 is the deadline for J. Burgis to submit comments to the proposed amendments. Township Council has approved a contract with Burgis Associates for $20,000.00. J. Burgis must submit to the Planning Board a draft of the Housing Element and Fair Share plan in connection with the Third Round Substantive Certification regulations in order for the Township Council to ultimately approve a resolution.

Required Dates

November 1st - initial draft to Township Council (mid October preferred)

December 1st – final draft to N. DeScherer

December 31st – final draft to COAH

d. Rite of Succession – Attorney DeScherer waiting for ruling from COAH.

e. Housing Commission Membership- No candidates at the moment.

f. Development Fee Ordinance – To be prepared by N. DeScherer

A new ordinance is required to increase the Residential Development Fee to 1.5%. N. DeScherer will prepare a new ordinance. The Commission may include exemptions if they choose. As of this time, no exemptions are anticipated for the residential development fee.

Motion by C. Wiley, and seconded by S. Alderisio, to prepare an ordinance for submission to the Council based on the model fee ordinance provided by COAH increasing the residential development fee to 1.5% with no exemptions. All in favor. Motion approved.

g. Resales and Deed Restriction – N. DeScherer recommends a resolution for the Council be prepared for all resales incorporating new clauses to extend the term of restriction and to exclude rentals.

h. Interest Rates for Trust Account – Inquiry will addressed to CFO regarding possibility of obtaining higher interest rates.

i. Hardship Assistance Resolution - Existing blanket resolution will suffice for 1414 Faulkner Ct.

Mr. Alderisio made a motion, seconded by Ms. Wiley, to enter into Executive Session at 8:16 PM to discuss the following:

1. Vacant property on Route 202 and Strysco Ave.

2. 759 Sassafras Ct.

3. 748 Pepperidge Rd.

4. 735 Pepperidge Rd.

Ms. Wiley made a motion, seconded by Mr. Brotherton, to return to open session. All in favor. Motion approved.

There being no further business, Ms. Wiley made a motion, seconded by Mr. Brotherton, to adjourn the meeting at 8:29PM. All in favor. Motion carried.

The next scheduled meeting of the Housing Commission is October 16, 2008 at 7:00 PM in Room 311 of the Municipal Office.

Respectfully submitted,

Dorothy McDonough

Recording Secretary

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