City Council

Village of Westhampton Beach Board of Trustees Meeting Thursday, February 1, 2024 at 5:00 P.M. PLEDGE OF ALLEGIANCE LWRP Presentation – MJ Engineering PUBLIC HEARING: LL # 1 of 2024 RESOLUTIONS: 1. Accept minutes of Board of Trustees Meeting 2. Accept Departmental Reports 3. Approve Warrant for February 2024 4. Authorize 2023–2024 Budget Amendments 5. Authorize Budget Transfers 6. Authorize Renewal - Cyber Security Insurance Policy 7. Approve Use of Village Marina - Power Squadron 8. Authorize Employee to Attend Courses 9. Accept Proposal from Fluid Imagery 10. Accept Proposal from AC Electrical & Lighting Supplies 11. Refer Special Exception to Planning Board-141 & 149 Montauk Highway 12. Approve 2024–2025 Revised Real Property Tax Exemptions 13. Appoint Planning Board Member 14. Appoint Community Housing Fund Advisory Board Member 15. Affordable Housing Income Limits 16. Accept Proposal – Tree Services 17. Authorize Purchase - DPW 18. Appoint Temporary Fire Administration Consultant 19. Authorize Transfer of Joint Ownership 20. Adopt LL # 1 of 2024 PUBLIC COMMENT EXECUTIVE SESSION-Personnel  Village of Westhampton Beach Board of Trustees Meeting Thursday, February 1, 2024 at 5:00 P.M. PLEDGE OF ALLEGIANCE LWRP Presentation – MJ Engineering PUBLIC HEARING: LL # 1 of 2024 Chapter 161 Taxation RESOLUTIONS: 1. Accept minutes of Board of Trustees Meeting RESOLVED, that the minutes of the Board of Trustees Meeting of January 4, 2024 are hereby accepted. 2. Accept Departmental Reports RESOLVED, that the Treasurer’s report, for November and December 2023, Justice Court, Police Department’s and Building Inspector’s reports for December 2023, are hereby accepted. 3. Approve Warrant for February 2024 RESOLVED, that the warrant for February 2024 in the amount of $402,545.55 for the General Fund and $4,396.30 for the Capital Fund is hereby approved. 4. Authorize 2023–2024 Budget Amendments RESOLVED, that the Board of Trustees hereby authorize the following 2023–2024 Budget Amendments: GTSC-Highway Safety Grant Increase Revenue Code A4320 $6,000.00 Increase Expense Code A3120103 Police Overtime $6,000.00 Stop DWI Grant Increase Revenue Code A30891 $7,500.00 Increase Expense Code A3120103.1 $7,500.00 Insurance Recoveries Increase Revenue Code A2680 $8,001.61 Increase Expense Code A3120.402 Equipment Repair $8,001.61 5. Authorize Budget Transfer RESOLVED, that the Board of Trustees hereby authorizes a budget transfer in the amount of $9,013.81 from G/L Revenue Account Code A1589 Other Public Safety Income to G/L Expenditure Account Code A3120.103 Police Department Overtime Personal Services received from the WHB School District for the SRO reimbursement for the 2023-2024 school year. 6. Authorize Renewal - Cyber Security Insurance Policy RESOLVED, that the Board of Trustees hereby approves the renewal of the Cyber Security Insurance Policy in the amount of $11,805.88, with no increase from previous year, to protect the Village against a Cyber incident, to be funded from A1990 Insurance Account. 7. Approve Use of Village Marina - Power Squadron RESOLVED, that the U.S. Power Squadron applied for the use of the Village Marina for the 2024 District 3 Annual District Rendezvous from Friday July 26, 2024 starting at 5:00 pm through Sunday July 28, 2024, subject to tent permit, fees and SLA compliance, with music and activities is hereby authorized. 8. Authorize Employee to Attend Courses RESOLVED, that Jennifer Gaudiello is hereby authorized to attend two (2) courses Governmental Accounting and Accounting Principles and Procedures through the NYS Office of State Comptroller at a cost of $85 per course from G/L account code A1325.406 Clerk Office Expense. 9. Accept Proposal from Fluid Imagery RESOLVED, that the Board of Trustees do hereby accept the proposal submitted by Fluid Imagery Computing in the amount not to exceed $8,010.00 for the Microsoft 365 Migration for the Village wide computers to be taken from G/L account code A1680.400 Data Processing Contractual. 10. Accept Proposal from AC Electrical & Lighting Supplies RESOLVED, that the Board of Trustees do hereby accept the proposal submitted by AC Electrical & Lighting Supplies in the amount not to exceed $8,850.00 for the lighting of the bocce ball courts in the Maria Z. Moore Community Park to be taken from G/L account code CM7110 Parks. 11. Refer Special Exception Application to Planning Board-141 & 149 Montauk Highway RESOLVED, that the request to the Village Board to permit the establishment of a grocery store for property located on 141 and 149 Montauk Highway and identified by Suffolk County Tax Map # 905-5-2-6.1, 6.2 & 7 and 905-5-2-9.1 is hereby referred to the Village Planning Board for review. 12. Approve 2024–2025 Real Property Tax Exemptions RESOLVED, that the Board of Trustees hereby approves the revised 2024-2025 Real Property Tax Exemptions for the 2024/2025 tax year as attached. 13. Appoint Planning Board Member RESOLVED, that Donald Steinert is hereby appointed to fill the vacancy left by Michael Schermeyer and finish the five-year term as a member of the Village Planning Board to commence February 1, 2024 through to May 31, 2028. 14. Appoint Community Housing Fund Advisory Board Member RESOLVED, that Cecilia Cunningham is hereby appointed to the Peconic Bay Region Community Housing Fund Advisory Board for a term to end on December 31, 2024. 15. Adopt Affordable Housing Maximum Monthly Rental Limits, Initial, Maximum Sales Price and Maximum Household Income Limits WHEREAS, on December 7, 2023, the Board of Trustees of the Village of Westhampton Beach (the “Village”) adopted Local Law No. 15 of 2023, which allows for the creation and administration of affordable housing units within the Village of Westhampton Beach; and WHEREAS, in accordance with §40-5B(1), the Board of Trustees shall set by resolution the maximum monthly rental or initial maximum sales price for an affordable housing dwelling unit and the maximum household income for eligibility for occupancy of said units; and WHEREAS, the Trustees have reviewed the attached document titled “Nassau/Suffolk County HUD Family Income Guidelines and Limits- Effective 2023-2024”; and WHEREAS, the Trustees find that the attached document sets forth the appropriate maximum monthly rental or initial maximum sales price for an affordable housing dwelling unit and the maximum household income for eligibility for occupancy of said units in accordance with the Village’s Affordable Housing Program set forth in Chapter 40 of the Village Code; and NOW, THEREFORE, BE IT RESOLVED, the Village Board of Trustees hereby adopts income and rental/sale price limits as set forth in the attached document titled “Nassau/Suffolk County HUD Family Income Guidelines and Limits- Effective 2023- 2024 as required pursuant to §40-5B(1). 16.Accept Proposal for Tree Insecticide Services RESOLVED, that the Board of Trustees accepts the proposal submitted by Accent Estates Plant Health Care Company in the amount of $1,715.00 for 1 (one) application of insecticide/fungicide for the trees on Main Street to tb taken from G/L account A8560.416 Shade Tree Maintenance. 17.Authorize Purchase - DPW RESOLVED, that the Board of Trustees hereby authorizes the purchase of 1 Case 590SN Backhoe in the amount of $160,799.70 from NYS Contract PC69383 from Hoffman Equipment as per NYS Department of Transportation this is fully reimbursable from the Village’s CHIPS allotment for 2024, and this expenditure to be taken from G/L account A5110.2 Equipment. 18.Appoint Temporary Fire Administration Consultant RESOLVED, that Andrew Smith is hereby appointed to the position of Temporary Fire Administration Consultant, effective February 1, 2024 at a rate of $50 per hour, up to a maximum of $500 and for a period not to exceed 30 days, to be charged against Building & Zoning Account A3620.415: Education & Training. 19.Authorize Transfer of Joint Ownership WHEREAS, the Village of Westhampton Beach acquired ownership of an historic windmill, the “New York State Governor John Adam Dix Windmill” (the “Windmill”); and WHEREAS, the Village has placed the Windmill on the real property located at 35 Main Street, Village of Westhampton Beach, SCTM No. 905-11-1-1, commonly known as the “Great Lawn”; and WHEREAS, the Great Lawn is owned jointly by the Village and the Town of Southampton (“Town”); and WHEREAS, the Windmill requires restoration at significant expense; and WHEREAS, the Village and the Town entered into an Inter-Municipal Agreement on June 1, 2023 (the “IMA”) which, among other things: 1. authorized the Town to landmark the windmill; 2. authorized the Village to act as a steward of the windmill; and 3. provided that funds from the Town’s Community Preservation Fund would be used to pay for the restoration, to the extent permitted by New York State Town Law Section 64-e, Southampton Town Code Chapter 140 and the Town of Southampton’s Rules and Regulations for CPF Acquisitions and Stewardship as enacted by the Southampton Town Board on January 25, 2011, by separate agreement between the Village and the Town; and WHEREAS, the Village wishes to convey to the Town an undivided joint ownership interest in the Windmill so that the Town is authorized to pay the expenses therefor from the Town of Southampton Community Preservation Fund. NOW, THEREFORE, BE IT RESOLVED That the Village shall transfer to the Town an undivided joint ownership interest in the Windmill so as to make the Town and the Village joint owners thereof; that the Mayor is authorized to execute all documents reasonably necessary to transfer an undivided joint ownership of the Windmill to the Town in form approved by the Village Attorney; that the IMA between the Village and the Town dated June 1, 2023 be amended to reflect joint ownership of the Windmill; and that the Mayor is authorized to execute an amendment to the aforesaid IMA to reflect joint ownership of the Windmill in form approved by the Village Attorney. 20.Adopt LL # 1 of 2024 WHEREAS, this Board has advertised a local law enacting a new Article IX (“Village Tax Sales”) to Chapter 161 (TAXATION) in order to empower the Village to bid for and purchase parcels of real property offered for sale at tax sales; and  WHEREAS, a public hearing was held on February 1, 2024; and WHEREAS, all persons present at the meeting have had an opportunity to speak on behalf of or in opposition to the proposed Local Law, or any part thereof; and now, therefore, be it RESOLVED, that after due deliberation the Board of Trustees of the Village of Westhampton Beach hereby adopts said Local Law as Local Law No. 1 of 2024 as advertised and attached, and be it further RESOLVED, that the Village Clerk is hereby directed to enter said local law in the records of the Village; and be it further RESOLVED that the Village Clerk is directed to give due notice of the adoption of said Local Law to the Secretary of State; and be it further RESOLVED that this Local Law shall be effective on filing with the New York Secretary of State. PUBLIC COMMENT ADJOURN DATED: February 1, 2024 ______________________ Elizabeth Lindtvit Village Clerk EXECUTIVE SESSION-PERSONNEL  Incorporated Village of Westhampton Beach 165 Mill Road, Westhampton Beach, New York 11978 (631) 288-1654 * Fax: (631) 288-4332 * clerk@westhamptonbeach.org Nassau/Suffolk County HUD Family Income Guidelines and Limits- Effective 2023-2024 Median Income Family # 1 2 3 4 5 6 7 8 50% $53,900 $61,600 $69,300 $76,950 $83,150 $89,300 $95,450 $101,600 80% $71,400 $81,600 $91,800 $102,000 $110,200 $118,350 $126,500 $134,650 100% $109,450 $125,050 $140,700 $156,300 $168,850 $181,350 $193,850 $206,350 120% $131,300 $150,050 $168,800 $187,600 $202,550 $217,550 $232,550 $247,600 HOME SALE PRICE CALCULATIONS 2023-2024 Middle Income: 2 ½ x 120% AMI (Area Median Income) for a family of four: 2 ½ x $187,560 1= $468, 900 Note: The initial sales price determination for income- eligible households shall be based upon a family of four, regardless of the applicant household size. RENTAL CALCULATIONS 2023-2024 Middle Income (80% to 120%) 30% of 80% of AMI (Area Median Income) minus the applicable utility allowance (UA) based on the unit size to those households making at or below 120% of AMI. All results are rounded up. The 30% multiplier used in all calculations is the recommended percentage of a family’s income that should be allocated to housing. Current calculations without UA deductions are: 1. Studio $ 71,400 (80% AMI-1 2) x 30% = $21,420/ 12 mo. = $1,800/ month 3 2. 1 Bedroom $81,600 (80% AMI-2) x 30% = $24,480/ 12 mo. = $2,050/ month 3. 2 Bedroom $91,800 (80% AMI-3) x 30% = $27,540/ 12 mo. = $2,300/ month 4. 3 Bedroom $110,200 (80% AMI-5) x 30% = $33,060/ 12 mo.= $2,800/ month 5. 4 Bedroom $126,500 (80% AMI-7) x 30% = $37,950/ 12 mo.= $3,200/ month Re-sale of Affordable Housing Unit: For Affordable Housing Unit re-sales to a purchaser meeting the eligibility requirements and selected by the Village or its designee pursuant to Village Code §40-5E(4), the sales price shall be calculated as follows: the original purchase price, plus improvements approved by Village or its designee, and the month and year of purchase shall be entered into the U.S. Bureau of Labor Statistics CPI calculator to determine the current sale price. The calculator is available at: https://www.bls.gov/data/inflation_calculator.htm. 1 $187,560 represents the actual number, $187,600 in the table is rounded up to the nearest fifty dollars. 2 Represents the number of people in the household from the chart above. 3 Rounded up to the nearest fifty dollars. Resolved, that the Board of Trustees hereby approve the taxpayers below to receive exemptions for aged or disability with limited income, clergy, non- profit organization, veterans and volunteer ambulance/firefighter as indicated for the 2024/25 tax year. CLERGY EXEMPTIONS TAX MAP # NAME & ADDRESS OF OWNER AMOUNT 5-3-25 BERNSTEIN, MORRIS 46 OAK ST $1,500. VOLUNTEER AMBULANCE/FIRE DEPT. EXEMPTIONS TAX MAP # NAME & ADDRESS OF OWNER AMOUNT 7-2-18.2 NEELY, JOHN (FD) 108 BEACH RD 10% 5-2-25 SCOTT, LEWIS (FD) 285 SUNSET AVE 10% 12-2-8 WACHENFELD, JEFFREY (FD) 17 WOODLAND 10% 4-1-20 BETTS, BARBARA 14 DEPOT RD. 10% 5-3-6 REUTTER, JASON 15 REDFIELD LN 10% 3-1-16 RICHMAN, ELYSE 78 ROGERS AVE 10% 8-3-29 KAMETLER, JAMES 24 OAK ST 10% AGED EXEMPTIONS TAX MAP # NAME & ADDRESS OF OWNER AMOUNT 4-1-20 BETTS, BARBARA 14 DEPOT RD. 50% 8-3-37 DEANGELIS, BERNADETTE 50% 3-1-25 DOWNS, SYLVIA 55 ROGERS AVE 50% DISABILITIES & LIMITED INCOMES EXEMPTIONS TAX MAP # NAME & ADDRESS OF OWNER AMOUNT 8-3-47 JESSUP, AUBREY 34 BROOK RD 50% 8-1-2 MARTIN, GARY & TRACY 70 ONECK LN 50% NON-PROFIT ORGANIZATION TAX MAP # NAME & ADDRESS OF OWNER AMOUNT 12-4-26 Westhampton Beach Performing Arts Center 22 Sunset Ave 100% VETERANS EXEMPTIONS 22-2-23 Sokel, Randolph 15 Humphrey St 15%