City Council

CARRIED NO. 351-10 OFFERED BY: SECONDED BY: ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 41-2010, AN ORDINANCE REAPPROPRIATING $200,000 PROCEEDS OF OBLIGATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSES IN ORDER TO PROVIDE FOR VARIOUS INTERNET AND COMMUNICATION UPGRADES AND VARIOUS IMPROVEMENTS REQUIRED FOR THE WATER STREET DRAINAGE PROJECT IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by __________________and seconded by _______________ that there be a public hearing. PUBLIC HEARING Motion offered by __________________ and seconded by _________________ that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 41-2010 entitled: AN ORDINANCE REAPPROPRIATING $200,000 PROCEEDS OF OBLIGATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSES IN ORDER TO PROVIDE FOR VARIOUS INTERNET AND COMMUNICATION UPGRADES AND VARIOUS IMPROVEMENTS REQUIRED FOR THE WATER STREET DRAINAGE PROJECT IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY has passed its second and final reading and is hereby adopted. Roll Call - Ayes: CARRIED NO. 352-10 OFFERED BY: SECONDED BY: ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 42-2010, A BOND ORDINANCE PROVIDING FOR THE PURCHASE OF A CHASSIS FOR A SEWER JET UNIT OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $110,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $104,500 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by __________________ seconded by _______________ that there be a public hearing. PUBLIC HEARING Motion offered by __________________ and seconded by _________________ that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 42-2010 entitled: A BOND ORDINANCE PROVIDING FOR THE PURCHASE OF A CHASSIS FOR A SEWER JET UNIT OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $110,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $104,500 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF has passed its second and final reading and is hereby adopted. Roll Call - Ayes: CARRIED NO. 353-10 OFFERED BY: SECONDED BY: INTRODUCTION OF ORDINANCE NO. 43-2010, AN ORDINANCE AMENDING CHAPTER 32-1 “POLICE DEPARTMENT” OF THE CODE OF THE CITY OF HACKENSACK BE IT RESOLVED that the above ordinance, being Ordinance 43-2010 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on December 7, 2010 at 8:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. Roll Call - Ayes: CARRIED NO. 354-10 OFFERED BY: SECONDED BY: INTRODUCTION OF ORDINANCE NO. 44-2010, AN ORDINANCE AMENDING CHAPTER 107 “LICENSES AND PERMITS” OF THE CODE OF THE CITY OF HACKENSACK BE IT RESOLVED that the above ordinance, being Ordinance 44-2010 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on December 7, 2010 at 8:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. Roll Call - Ayes: NO. 355-10 OFFERED BY: SECONDED BY: ________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the bills in the following accounts be and are hereby ordered paid: Current Fund $2,167,002.34 Grants 40,502.65 Escrow 6,212.62 Payroll 137,405.52 Self Insurance 262,738.04 Public Parking System 6,765.08 Capital 738,334.14 Trust Account 136,841.65  Roll Call - Ayes: NO. 356-10 OFFERED BY: SECONDED BY: _______________________________________________________________ BE IT RESOLVED, by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refunds for the reasons stated: Amount Block Lot Name Year Reason $ 1,046.19 74 15.01,C0001 Habitat for Humanity of Bergen Cty 2010 CBJ 1,046.19 74 15.01,C0002 “ “ “ “ “ 2010 CBJ 1,046.19 74 16.01,C0003 “ “ “ “ “ 2010 CBJ 1,046.19 74 16.01,C0004 “ “ “ “ “ 2010 CBJ 1,863.86 319 10,C0202 Grinshteyn, Aleksandr 2010 Duplicate pymt 100,478.81 238.01 1 John Hancock Life Insurance Co. 2010 CBJ 1,233.04 29 13 Trobiano, A. & Costa t/a Hobart Enterprises c/o John R. Lloyd, Esq 2008 STB 6,316.16 75.01 19.01 TT & C Holding LLC c/o John R. Lloyd, Esq 2008 STB 7,610.74 78 48 Hobart Enterprises c/o John R. Lloyd, Esq 2009 STB 3,650.88 80 8 Hobart Enterprises c/o John R. Lloyd, Esq 2008 STB 4,430.96 81 34 Hobart Enterprises c/o John R. Lloyd, Esq 2008 STB 7,505.16 81 40 Hobart Enterprises c/o John R. Lloyd, Esq 2008 STB 7,927.49 81 40 “ “ “ 2009 STB 5,320.09 83 1 Hobart Enterprises c/o John R. Lloyd, Esq 2008 STB 11,757.88 83 5 TT & C Holding Co. LLC c/o John R. Lloyd, Esq 2008 STB 12,419.51 83 5 “ “ “ “ 2009 STB 5,473.17 106 1 Tower Real Estate Holdings, LLC c/o John R. Lloyd, Esq 2008 STB 7,996.15 106 1 “ “ “ “ 2009 STB 29,982.91 500.01 1 Venture Hackensack Holding, Inc c/o John R. Lloyd, Esq 2008 STB 98,120.07 500.01 1 “ “ “ “ “ 2009 STB 2,521.00 336 13 Aurora Loan Services 2010 CBJ Roll Call - Ayes:  NO. 357-10 OFFERED BY: SECONDED BY: _______________________________________________________________ WHEREAS, various Year 2010 bills have been presented for payment this year, which bills were not covered by Year 2010 Budget Appropriations; and WHEREAS, N.J.S. 40A: 4-58 provides that amounts in excess of appropriations over and above the amounts deemed to be necessary to fulfill the purpose of such appropriations may be transferred to appropriations deemed to be insufficient during the last two months of the year; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the transfers in the amount of $403,500 be made between the Year 2010 Budget Appropriations as follows: FROM DEPARTMENT TO DEPARTMENT 0-01-20-150-150-200 Tax Assessor O/E 100,000.00 0-01-20-155-155-200 Legal Services - Attorney's 195,000.00 0-01-21-185-185-200 Bd of Adjustment O/E 30,000.00 0-01-26-290-291-100 Snow Removal S&W 20,000.00 0-01-25-240-240-200 Police - H-COPS 15,000.00 0-01-26-305-306-100 Recycling - Leaf Program O/E 14,000.00 0-01-30-425-425-100 Salary Adjustment 109,000.00 0-01-25-240-243-100 Comm. Operators - S&W 47,500.00 0-01-26-130-130-200 Pub Bldg/Grounds O/E 10,000.00 0-01-31-435-435-246 Streets & Roads O/E $120,000.00 0-01-26-290-290-200 Streets & Roads O/E 10,000.00 0-01-31-445-445-247 Utilities – Water $7,000.00 0-01-25-240-243-200 Comm. Oper O/E 2,500.00 0-01-31-455-456-200 Sewer Treatment O/E 127,000.00 Total $403,500.00 $403,500.00 Roll Call - Ayes: NO. 358-10 OFFERED BY: SECONDED BY: _______________________________________________________________ WHEREAS, pursuant to an advertisement in The Record, bids were received on November 4, 2010 for Onsite Municipal Elevator Inspections for the City of Hackensack; and WHEREAS, two bids were received from Municipal Inspection Corp., and EIC Inspection Agency Corp.; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for Onsite Municipal Elevator Inspections be awarded to Municipal Inspection Corp., 183 W. 4 th Street, Bayonne, New Jersey, 07002; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds will be available in account T-03-56-850-834-801 of the trust fund, effective January 1, 2011 through December 31, 2011. Roll Call - Ayes: NO. 359-10 OFFERED BY: SECONDED BY: ________________________________________________________________ WHEREAS, Bergen Beverage Partners is the owner and taxpayer of certain real property designated as Block 100.01, Lot 3.01, known as 88 Polifly Road; and WHEREAS, the taxpayer filed appeals to its 2007, 2008, 2009 and 2010 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property is $4,402,200; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that these matters should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents which may be necessary to effectuate a settlement of litigation entitled: Bergen Beverage Partners, c/o Gonzalez v. City of Hackensack”, Docket Nos: 003321-2007; 003846-2008; 001902-2009 and 006808-2010 presently pending in the Tax Court of New Jersey, so that the assessment for 2007, 2008 and 2009 be retained at $4,402,200 and be reduced to $4,000,000 for 2010; and  BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes - NO. 360-10 OFFERED BY: SECONDED BY: ________________________________________________________________ WHEREAS, Bart VII, LLC is the owner and taxpayer of certain real property designated as Block 341, Lot 7.02, designated as 310 Prospect Avenue; and WHEREAS, ERP Operating LP-EQR is the owner and taxpayer of certain real property known as Block 341, Lot 7.01, designated as 300 Prospect Avenue; and WHEREAS, the taxpayer filed appeals to their 2007, 2008, 2009 and 2010 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for Block 341, Lot 7.02 is $42,883,900; and WHEREAS, the assessment for Block 341, Lot 7.01 is $32,626,000; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney, Tax Appraiser and Tax Assessor that these matters should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents which may be necessary to effectuate a settlement of litigation entitled: Bart VII, LLC vs. City of Hackensack, Docket Nos. 04446-2007; 003561-2008; 006073-2009 and 002196-2010 presently pending in the Tax Court of New Jersey, so that the assessment for 2007 be retained at $42,883,900 and that the assessment be reduced to $41,174,500 for 2008; to $39,186,800 for 2009 and $38,902,800 for 2010; and  BE IT FURTHER RESOLVED that the Tax Counsel be and is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled “ERP Operating LP-EQR v. City of Hackensack”, Docket Nos: 04450-2007; 003558-2008; 006069-2009 and 002188-2010 presently pending in the Tax Court of New Jersey, so that the assessment for 2007 be retained at $32,626,000 and that the assessment be reduced to $31,325,500 for 2008; to $29,813,200 for 2009 and $29,597,200 for 2010; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable to the taxpayer on the refund pursuant to N.J.S.A. 54:3-27.2 provided that such refund is paid within 60 days after receipt by the City of the Tax Court Judgment. Roll Call: Ayes - NO. 361-10 OFFERED BY: SECONDED BY: ________________________________________________________________ WHEREAS, Josephine Nicolazzo is the owner and taxpayer of certain real property designated as Block 113.A, Lot 35, Qual. C2331; and WHEREAS, the taxpayer filed an appeal to her 2009 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment for the subject property is $223,300; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that these matters should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents including requests for application of the Freeze Act (N.J.S.A. 54:51A-8), which may be necessary to effectuate the settlement of litigation entitled “Josephine Nicolazzo v. City of Hackensack”, Docket No. 014423-2009 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $175,000; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund pursuant to N.J.S.A. 54:3-27.2. Roll Call: Ayes - NO. 362-10 OFFERED BY: SECONDED BY: ________________________________________________________________ WHEREAS, Raymond Ruffino is the owner and taxpayer of certain real property designated as Block 82, Lot 5 and known as 63 Green Street; and WHEREAS, the taxpayer filed an appeals to its 2007 and 2008 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment for the subject property is $1,628,900; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that these matters should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents including requests for application of the Freeze Act (N.J.S.A. 54:51A-8), which may be necessary to effectuate the settlement of litigation entitled “Ruffino, Raymond v. City of Hackensack”, Docket Nos. 003358-2007 and 001317-2008, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $1,200,000 for 2007 and 2008; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund pursuant to N.J.S.A. 54:3-27.2. Roll Call: Ayes - NO. 363-10 OFFERED BY: SECONDED BY: ________________________________________________________________ WHEREAS, Howard F. & Ellen B. Koval are the owners and taxpayers of certain real property designated as Block 336, Lot 36 and known as 226 Prospect Avenue; and WHEREAS, the taxpayer filed an appeals to their 2007, 2008 and 2009 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment for the subject property is $1,477,900; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that these matters should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents including requests for application of the Freeze Act (N.J.S.A. 54:51A-8), which may be necessary to effectuate the settlement of litigation entitled “ Koval, Howard F. & Ellen B. v. City of Hackensack”, Docket Nos: 005437-2007, 002508-2008 and 009058-2009, Block 336, Lot 36, presently pending in the Tax Court of New Jersey so that the assessment be maintained at $1,477,900 for 2007 and reduced to $1,221,500 for 2007 and 2008; and  BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes - NO. 364-10 OFFERED BY: SECONDED BY: _______________________________________________________________ WHEREAS, pursuant to an advertisement in The Record, bids were received on September 28, 2010 for CDBG Recovery Various Roads for the City of Hackensack; and WHEREAS, bids were received from AJM Contractors, J.A. Alexander, Inc., D&L Paving Contractors, Tilcon NY, Inc., New Prince Concrete and Crossroads Pavement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for CDBG Recovery Various Roads be awarded to AJM Contractors, 300 Kuller Road, Clifton, New Jersey; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds will be available in account C-10-55-013-000-001 of the capital fund in the amount of $205,163.00. Roll Call - Ayes: NO. 365-10 OFFERED BY: SECONDED BY: _______________________________________________________________ BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the following appointments to various boards be made; Housing Authority – Anthony Stassi and Ralph Rivera be reappointed to a five year term to expire December 6, 2015. Al Casamente be reappointed to a four year term to expire December 6, 2014.  Library Board - Laura Kirsch be reappointed to a five year term to expire December 31, 2015, Roll Call- Ayes: NO. 366-10 OFFERED BY: SECONDED BY: _______________________________________________________________ WHEREAS, JP Rose Realty, LLC (the “Plaintiff” or “JP Rose”) is the owner of real property located at 490 Gardener Place, Hackensack, which property is identified as Lots 9 and 10 in block 9.01 on the current tax assessment map of the City of Hackensack )the “Property”); and WHEREAS, JP Rose filed an application with the Zoning Board of Adjustment of the City of Hackensack (the “Zoning Board”) requesting a use variance to permit a commercial lot in a residential zone that is associated with a building on an adjacent lot, with insufficient screening abutting a public street and insufficient parking setback from the property lines and other relief on the Property, as more particularly shown on the Site Plan prepared by Harry N. Tuvel, PE, PP, dated July 20, 2009, and consisting of two sheets, Sheet 1 of 2 (Site Plan) and Sheet 2 of 2 (Landscape and Lighting Plan); and WHEREAS, JP Rose proposed, inter alia, to use a parcel adjacent to its place of business as a commercial parking lot, which is prohibited in a residential zone; and WHEREAS, the Zoning Board denied JP Rose’s application by resolution memorialized on January 20, 2010; and WHEREAS, JP Rose contested the position advanced by the Zoning Board and filed a Complaint in Lieu of Prerogative Writ (the “Complaint”) on January 12, 2010 against the Zoning Board of the City of Hackensack and the City of Hackensack (the “Hackensack”) under Docket No. BER-L-514-10, seeking, inter alia, reversal of the Zoning Board’s denial and compelling the Zoning Board to adopt a Resolution of Approval and compelling Hackensack to amend its Zoning Ordinance to rezone JP Rose’s property commercial; and WHEREAS, on or about February 19, 2010, the City of Hackensack and Zoning Board caused an answer to be filed generally denying JP Rose’s allegations; and  WHEREAS, the parties have negotiated a settlement agreement which is in the best interest of the City. NOW, THEREFORE, be it resolved by the Mayor and Council of the City of Hackensack as follows: 1. That the Mayor and Council of the City of Hackensack confirm the settlement, as set forth in the Settlement Agreement which is attached hereto as Exhibit “A”, between the parties which was the subject of the litigation as set forth above. 2. A true copy of this Resolution shall be served upon the Attorney for the City of Hackensack Planning Board, the Attorney for the City of Hackensack and Brian M. Chewcaskie, the Attorney for JP Rose, LLC. Roll Call- Ayes: NO. 367-10 OFFERED BY: SECONDED BY: WHEREAS, pursuant to statute, there exists in the City of Hackensack a need for the City’s Health Department to provide animal control services; and WHEREAS, the County of Bergen, presently operating the Bergen County Animal Shelter at 100 United Way, Teterboro, New Jersey, has proposed to provide services for the year 2011 for an amount not to exceed two percent over the 2010 contract amount, which was $66,576.12. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the City of Hackensack is desirous of entering into the proposed shared services agreement for the year 2011; and (1) The City Manager is hereby authorized and directed to execute an acceptance summary with the County of Bergen to provide animal control services effective January 1, 2011 through December 31, 2011. (2) The final contract will be awarded without competitive bidding in accordance with N.J.S.A. 40A:11-5(2) of the Local Public Contracts Law because said services are between a County and a Municipality and is excluded from competitive bidding and public advertising.  Roll Call - Ayes: NO. 368-10 OFFERED BY: SECONDED BY: _______________________________________________________________ WHEREAS, on September 8, 2010, the Hackensack (“Municipality”) Planning Board (“Board”) unanimously approved (“Approval”) the application (“Application”) of Avalon Bay Communities, Inc. (“Developer”) for preliminary and final site plan approval with variances Application #V#09-10/SP#09-10); and WHEREAS, the Board determined that it did not have proper jurisdiction to consider Developer’s request for variance relief from the affordable housing requirements of the Municipality’s zoning ordinance (“Ordinance”), more specifically Ordinance #12-2008, codified as section 175-8.13 et. seq.; and WHEREAS, the Board concluded that proper jurisdiction rests with the governing body of the Municipality, with which conclusion this Council concurs; and WHEREAS, Developer has requested of the governing body of the Municipality relief in the form of an “in lieu” contribution to an affordable housing trust fund rather than construction of affordable units; and WHEREAS, the governing body of the Municipality has long recognized the best interests of the Municipality and its housing needs are better served by rehabilitation of its existing affordable housing stock instead of constructing new units given an already sufficient existing supply; and WHEREAS, the governing body of the Municipality is prepared to implement the necessary steps and procedures; predicate to establishing an affordable housing trust fund; and WHEREAS, there is uncertainty as to the obligation of the Municipality in regard to affordable housing obligation as there are presently two bills introduced into the state Senate and Assembly regarding COAH, and affordable housing obligation, and the Governor of the State of New Jersey has expressed an intention of abolishing COAH, and WHEREAS, the City of Hackensack is in favor of providing affordable housing in as expeditious a manner as possible, and  WHEREAS the City of Hackensack is in need of rehabilitation of its existing housing stock and in need of funds to accomplish same, and WHEREAS, there is presently a depression in the housing market limiting new construction and uncertainty as to the extent of the City of Hackensack’s affordable housing obligations and WHEREAS, after thorough consideration of the relative merits of the benefits of the project subject to the Approval and the rehabilitation of the affordable housing stock the governing body of the Municipality has made a determination of an appropriate amount acceptable as an in lieu contribution to be funded by Developer at such time as the Municipality notifies Developer that an affordable housing trust fund for the Municipality has been duly established. NOW, THEREFORE, BE IT RESOLVED, that the Municipality hereby agrees to and authorizes entry into that certain Agreement for Affordable Housing Contribution (“Agreement”) in the form annexed to this resolution; and BE IT FURTHER RESOLVED that the governing body of the Municipality hereby directs Mayor Karen K. Sasso to promptly sign, seal and deliver the Agreement together with Developer; and BE IT FURTHER RESOLVED that the governing body of the Municipality hereby directs its staff promptly to commence and thereafter pursue to completion the steps set forth in the schedule annexed to the Agreement, so as to establish an affordable housing trust fund for the benefit of the Municipality in compliance with applicable law, and to otherwise implement the mutual obligations, terms and provisions of the Agreement. Roll Call - Ayes: NO. 369-10 OFFERED BY: SECONDED BY: BE IT RESOLVED that the City Manager is hereby authorized and directed to execute an agreement for a Direct Install Program with Public Service Electric and Gas Company for upgrades to the Atlantic Street Parking Garage. Roll Call - Ayes: