HomeMy WebLinkAboutSuffolk Urban County Cooperation 4th Amendment wFFo`k` RESOLUTION 2023-623
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ADOPTED DOC ID: 19315
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-623 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 18, 2023:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Suffolk Urban County Cooperation Fourth
Amendment of Agreement between the Town of Southold and the Suffolk County Office of
Community Development, in connection with the Community Development Block Grant
Program, fully funded by the Department of Housing and Urban Development(HUD), amending
original contract dated July 14, 1999 to automatically renew for participation in successive three-
year qualification periods as provided for in Paragraph 9 of the original Agreement, unless
sooner terminated as provided therein, subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sarah E.Nappa, Councilwoman
SECONDER:Louisa P. Evans, Justice
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
SAN 30 �
o ® �
South®1d 7-own C
perk
Office of the Town Attorney
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Denis Noncarrow, Town Clerk
From: Melissa M Mirabelli
Secretary to the Town Attorney
Date: January 29, 2024
Subject: Suffolk County with US Dept of Housing Urban County and
Urban Development fourth Amendment to the July 14, 1999
Agreement
With respect to the above-referenced matter, I am enclosing the original
Agreement.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/mm
Enclosures
Law No. i �'E� ' 7 .� IFMS No.
Urban County Amendment
SUFFOLK
URBAN COUNTY COOPERATION
FOURTH AMENDMENT OF AGREEMENT
This Fourth Amendment of Agreement,is between the County of Suffolk("County"),a municipal
corporation of the State of New York,acting through its duly constituted Office of Community Development,
("Department"),located at 100 Veterans Memorial Highway,P.O.Box 6100,Hauppauge,N.Y. 11788,and the Town of
Southold("Municipality"),a municipal corporation duly organized and existing under the laws of the State of New York,
located at 53095 Main Rd,PO Box 1179, Southold NY 11971.
The County is currently qualified as an Urban County by the U.S.Department of Housing and Urban
Development(hereinafter referred to as "HUD");the parties hereto desire to cooperate to undertake,or assist in
undertaking,community renewal and lower-income housing assistance activities.
The parties hereto desire to amend the Original Agreement, last dated July 14, 1999, ("Agreement")to amend the
consortium membership and to clarify contract provisions in compliance with current HUD requirements.
Term of Agreement: As provided in paragraph 9 of Article I of the original 1999 Suffolk Urban County
Cooperation Agreement.
Terms and Conditions: Shall be as set forth in the original Agreement,any amendments thereto,and this Fourth
Amendment of the Agreement.
In Witness Whereof,the parties hereto have executed this Fourth Amendment of Agreement as of the latest date written
TOWN OF SOUT LD COUNTY OF S FFOL l
By: By:
(�
Y
ScottRussell L�
Fed. Tax ID# 1- 001939 Gl�iepttty County Executive
Date: 5 f 3 I
Date: I
Scott A Russell,hereby certifies under penalties of perjury that I am L 11
an officer of Town of Southold, that I have read and I am familiar
Approved:
with §A5-8 of Article V of the Suffolk County Code, and that the Department of Economic Development&
municipality meet all requirements to qualify for exemption Planning
thereunder.
By:
�•� te� Name: Sarah Lansdale
Scott A Ru ell,Supervisor Title: Commissione
Approved as to Form: Date: Z( �7J�
Dennis M. Brown
Acting Suffolk County Attorney
B i%
y �. c�b-7g3��
Michael J. Ca c ,A s' tart County Attorney 4''`G°
Date:
Page I of 3
Law No. IFMS No.
Urban County Amendment
Fourth Amendment
WHEREAS,the County applied to HUD for designation as an Urban County in 1999 in accordance with
24 CFR 570.307(a) of the Community Development Block Grant ("CDBG") regulations under Title I of the
Housing and Community Development Act of 1974, as amended, Public Law 93-383 ("Acts"); and
WHEREAS, HUD approved the County's application for said designation and Suffolk County became a
qualified Urban County and received an Entitlement Grant for Fiscal Years 2000, 2001 and 2002; and
WHEREAS, Suffolk County has successfully requalified as an Urban County for every three-year
qualification period thereafter; and
WHEREAS, Suffolk County, pursuant to New York General Municipal Law §503(a), as well as the
authority given to the Suffolk County Executive by resolution.of the Suffolk County Legislature, entered into a
cooperative agreement("Agreement") for the purpose of establishing a Suffolk Urban County Consortium
("Consortium") to undertake essential community development,housing assistance and HOME Investment
Partnerships Program("HOME") activities authorized under the Acts; and
WHEREAS,pursuant to paragraph 9 of the original Agreement, the Agreement automatically renews
for participation in CDBG programs in successive three-year qualification periods; and
WHEREAS,pursuant to paragraph 9 of the original Agreement,the County and Municipality agree to
adopt any amendment to the Agreement necessary to meet HUD's current requirements for cooperation
agreements and any amendment to the Agreement that is mutually beneficial to the County and Municipality;
and
WHEREAS,the original Agreement was amended in 2014 to add provisions necessary to meet HUD's
requirements for cooperation agreements; and
WHEREAS, the original Agreement was amended again in 2017 (hereinafter referred to as "the 2017
Amendment")to add provisions necessary to meet HUD's requirements; and
WHEREAS, the original Agreement was amended again in 2020 (hereinafter referred to as "the 2020
Amendment")to reflect the altered membership of the Consortium; and
WHEREAS, the County and the Municipality seek to amend the agreement to meet HUD's current
requirements for cooperation agreements.
NOW THEREFORE, the parties hereto agree as follows:
Page 2 of 3
Law No. IFMS No.
Urban County Amendment
1. Term of Agreement
As provided in paragraph 9 of Article I of the original 1999 Suffolk Urban County Cooperation
Agreement,which shall automatically renew for participation in successive three-year qualification
periods as provided for in Paragraph 9 of the original Agreement, unless sooner terminated as provided
for therein.
2. Definitions
a. Suffolk County Consortium—a consortium comprised of the County of Suffolk, the Towns of East
Hampton, Riverhead, Shelter Island, Smithtown, Southampton, and Southold and the Villages of
Greenport, Sag Harbor, Southampton, The Branch, Westhampton Beach, and Westhampton Dunes,
and Town of Huntington (HOME only).
3. Additional Terms
The Parties agree to the following amended provisions in compliance with current HUD requirements:
The County and the Cooperating Municipality shall take all actions necessary to assure: (i) compliance
with the urban County's certification under Section 104(b) of Title I of the Housing and Community
Development Act of 1974, (ii)that the grant will be conducted and administered in conformity with Title VI of
the Civil Rights Act of 1964, and the implementing regulations at 24 CFR Part 1, and the Fair Housing Act, and
the implementing regulations at 24 CFR Part 100, and will affirmatively further fair housing, (iii) compliance
with Section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing
regulations at 24 CFR Part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the
implementing regulations at 24 CFR Part 8, Title II of the Americans with Disabilities Act, and the
implementing regulations at 28 CFR Part 35,the Age Discrimination Act of 1975, and the implementing
regulations at 24 CFR Part 146, and Section 3 of the Housing and Urban Development Act of 1968, (iv)
compliance with any other applicable laws.
The County is prohibited from providing Urban County funding for activities in, or in support of, any
cooperating jurisdiction, including the Municipality, if that cooperating jurisdiction does not affirmatively
further fair housing or impedes the County's actions to comply with the County's fair housing certification. The
Municipality agrees to execute, at the County, or HUD's request,the assurances and certifications required in
the HUD 424-B.
The Cooperating Municipality agrees that,pursuant to 24 CFR §570.501(b),the Municipality is subject
to the same requirements applicable to subrecipients, including the requirement of a written agreement as
described in 24 CFR §570.503.
4. Agreement Continues,As Amended
Except as herein amended, all other representations,terms and conditions of said original Agreement,
including any and all amendments or budget modifications executed prior to the date hereof, are hereby
ratified and confirmed to be in full force and effect.
Page 3 of 3