RESOLUTION SUBMISSION MEETING OF: December 18, 2012 MOVED BY COUNCILMEMBER: JANE BONNER REVISION SHORT TITLE: AUTHORIZING

THE ACQUISITION OF LAND IN THE TOWN OF BROOKHAVEN FOR PROPERTY LOCATED ON BROADWAY, ROCKY POINT, NEW YORK, SCTM NO. 0200-77-7-24.3; OWNER: ANTHONY AND BRIDGET CACCAVALE DEPARTMENT: Housing and Human Services REASON: The purchase and construction of a municipal parking lot will improve the economics of the area, as well as revitalize the downtown area. Future funding will be put aside for the construction phase. PUBLIC HEARING REQUIRED: DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: $140,000.00; Account Nos. CD328662-4430-80046 and CD3386624430-80046 Rocky Point Public Improvements SEQRA REQUIRED: Negative Declaration DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED: EXECUTION OF DOCUMENT REQUIRED: Yes AE:dlm
Present Absent Councilmember Fiore-Rosenfeld Councilmember Bonner Councilmember Walsh Councilmember Kepert Councilmember Mazzei Councilmember Panico Supervisor Romaine Motion Aye No Abstain Not Voting

RESOLUTION NO. 2012-1021

RESOLUTION NO. 2012-1021 MEETING OF: December 18, 2012 AUTHORIZING THE ACQUISITION OF LAND IN THE TOWN OF BROOKHAVEN FOR PROPERTY LOCATED ON BROADWAY, ROCKY POINT, NEW YORK, SCTM NO. 0200-77-7-24.3; OWNER: ANTHONY AND BRIDGET CACCAVALE

WHEREAS, the Town of Brookhaven Department of Housing and Human Services is a participant in the Federal Community Development Block Grant (CDBG) Program; and WHEREAS, the Town of Brookhaven Department of Housing and Human Services, upon application, receives funding in the form of Community Development Block Grant annually from the Federal government in furtherance of programs administered by the Town of Brookhaven; and WHEREAS, there is a desire by the Town of Brookhaven to purchase land located on Broadway, Rocky Point, intended for use by the Housing and Human Services Department, Division of Community Development, further identified as SCTM No. 0200-77-7-24.3, with Community Development Block Grant Funds; and WHEREAS, pursuant to Title I of the Housing and Community Development Act of 1974, Section 105, the acquisition of real property which is deteriorated and deteriorating is a permitted use and eligible activity for Federal Community Development Block Grant funds; and WHEREAS, the total amount to be expended of $140,000.00 by the Town of Brookhaven is below the fair market value of the property as determined by an appraisal; and WHEREAS, in addition to the purchase price, the Town must expend acquisition costs which would include, but not be limited to, the costs of survey, appraisal, environmental

audit, title report and insurance, tax adjustment, taxes prior to exemption, and future funding will be set aside for such expenditures and for the construction phase of the project; and WHEREAS, pursuant to the U.S. Department of Housing and Urban Development Rules and Regulations, the purchase is contingent upon 30 day public notice and public comment requirements; and WHEREAS, the purchase is also contingent upon the release of the funds from the U.S. Department of Housing and Urban Development; and WHEREAS, this proposed acquisition shall be held by the Town of Brookhaven. NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Brookhaven that the aforementioned parcel is deemed eligible and authorized for acquisition for the Town of Brookhaven; and be it further RESOLVED, that the Town of Brookhaven Department of Law is hereby authorized to take all appropriate steps to purchase the aforementioned parcels; and be it further RESOLVED, the title to this acquisition shall be held by the Town of Brookhaven, and be it further RESOLVED, that the Town Attorney of the Town of Brookhaven or her designee is hereby authorized, empowered, and directed to take such other actions as may be necessary and appropriate to consummate such acquisition, including, but not limited to, securing appraisals, obtaining surveys, obtaining engineering reports, environmental reports, securing title searches and insurance, and executing such other documents as are required to acquire such interest in said land; and be it further RESOLVED, that the Town Attorney of the Town of Brookhaven is hereby authorized to negotiate and the Supervisor/Deputy Supervisor is authorized to execute any agreements to effectuate the purchase; and be it further

RESOLVED, that the Supervisor/Deputy Supervisor is authorized to execute any and all documents and agreements necessary to effectuate the acquisition of the property.