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State of New Jersey
Executive Order #109

Governor Jon S. Corzine
WHEREAS, the New Jersey State Legislature has recognized that the closure and revitalization of Fort Monmouth is a matter of great concern for the host communities of Eatontown, Oceanport, and Tinton Falls, as well as for Monmouth County, and for the entire State of New Jersey; and has established the Fort Monmouth Economic Revitalization Planning Authority (the “Authority”) pursuant to P.L. 2006, c. 16, as amended by P.L. 2008, c. 28 (the “FMERPA Act”) to create a comprehensive conversion and revitalization plan (the “Plan”) for the facility; and

WHEREAS, the FMERPA Act grants the Authority the power to enter into legally binding agreements with representatives of the homeless that are necessary to comply with and implement the requirements established by the federal government set forth at 32 C.F.R. 176.30 and 24 C.F.R. 586.30; and

WHEREAS, the FMERPA Act requires the Governor, prior to the submission of the Plan to the appropriate federal agency or agencies, to designate an agency (the “Designated Agency”) with appropriate expertise and experience to assume the responsibility for the homeless assistance submission required under the Defense Base Closure and Realignment Act of 1990, Pub. L. 101-510 (10 U.S.C. s.2687) (the “Defense Base Closure and Realignment Act”); and

WHEREAS, the FMERPA Act provides that the Designated Agency shall have the same power as the Authority to enter into legally binding agreements with representatives of the homeless that are necessary in order to comply with and implement the requirements of 32 C.F.R. 176.30 and 24 C.F.R. 586.30; and

WHEREAS, the FMERPA Act further provides that the Designated Agency shall have the same rights and responsibilities of the Authority under any legally binding agreements with representatives of the homeless to which the Authority and the Designated Agency are parties; and

WHEREAS, the FMERPA Act further provides that the Designated Agency is authorized, after the submission of the comprehensive conversion and revitalization plan, to comply with and implement the requirements of 32 C.F.R. 176.30 and 24 C.F.R. 586.30; and

WHEREAS, the FMERPA Act further provides that if the Authority is dissolved pursuant to the FMERPA Act, and the Designated Agency is not proposed and recognized as the successor local redevelopment authority, the Designated Agency is authorized to assume all rights, responsibilities, and powers of the Authority pursuant to Section 1 of P.L. 2008, c. 28, until a successor local redevelopment authority is recognized by the Secretary of Defense as the entity responsible for directing the implementation of the Plan; and

WHEREAS, the New Jersey State Legislature has declared, pursuant to N.J.S.A. 55: 14K-1, et seq. that the New Jersey Housing and Mortgage Finance Agency shall be one of the advocates for the State of New Jersey for housing production, finance and improvement; and

WHEREAS, within the New Jersey Housing and Mortgage Finance Agency is the Division of Supported Housing and Special Needs, the purpose of which is to coordinate a range of supportive housing programs, including but not limited to, the Statewide Homeless Management Information System and Programs designed to serve homeless families and individuals; and

WHEREAS, in light of its statutory and regulatory authority and its expertise, the New Jersey Housing and Mortgage Finance Agency is best suited to assume responsibilities required pursuant to the FMERPA Act and under the Defense Base Closure and Realignment Act;

NOW, THEREFORE, I, JON S. CORZINE, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

  1. The New Jersey Housing and Mortgage Finance Agency is hereby designated, pursuant to Section 2 of P.L. 2008, c. 28, as the agency that shall assume the rights, responsibilities, and powers necessary to implement the homeless assistance requirement of the Defense Base Closure and Realignment Act.

  2. This Order shall take effect immediately.

GIVEN, under my hand and seal this 20th day
of August Two Thousand and Eight, and of the
Independence of the United States, the Two
Hundred and Thirty-Third.

/s/ Jon S. Corzine

Governor

[seal]

Attest:

/s/ Robert L. Garrenger

Deputy Chief Counsel to the Governor
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