Town Attorney to Board: Fight for affordable housing vote

Town Attorney Stephen Kiely told the Town Board at Tuesday’s work session that it’s important the Board takes a lead role in selling voters on the importance of passing a referendum in November to participate in the Community Housing Fund, which would provide funding for affordable housing.

Councilman Jim Colligan emphasized the need to develop a plan to get ahead of naysayers who would object to using a 0.5% transfer tax paid by property buyers to build affordable rentals and sale houses in the town.

Under legislation signed into law in late 2021, the Community Housing Fund can be used by the five East End towns only if voters in each municipality approve participation through the referendum. Town Board members, all of whom have publicly committed to supporting affordable housing, must be proactive in promoting the need, he said.

Mr. Kiley outlined a timeline for actions and public hearings that need to take place between now and the Nov. 8 referendum, including:

• Actual creation of Community Housing Fund into which transfer tax money would be deposited if approved by the voters.

• Creation of a transfer tax resolution that would appear on the Nov. 8 ballot.

• Development of the plan for how the transfer tax money would be used; until the plan is completed and accepted by the state, no money from a transfer tax could be used even if voters approve the resolution.

• Creation of a system for transferring development rights (TDRs) from properties secured with Community Preservation Fund money to sites where affordable housing could not be built because of density limits, but could be built because of the credits secured through TDRs.

Private business on public property

Since the Town Board opened use of Crescent Beach for up to four business operations — a food truck operated by the Islander; a paddleboard company; a launch service to bring people to the beach; and a massage service — the Town has been examining steps needed to set up a system for applications by businesses on Town properties.

Few applied in the past and were accommodated on a case-by-case basis. But now there are more applications and sometimes competition from more than a single vendor in a particular business.

There is also a question of fees. The town had been contemplating $250 for the season from vendors allowed at Crescent Beach, but anecdotal feedback from residents have suggested that fee is much too low.

Mr. Kiely advised that if the town wants to limit competing businesses, it can require bids from the businesses, but consider not just the price applicants are willing to pay, but other factors, including past operations on the Island, reputation for how they operate, and even give preference to a company like the Islander that has a brick and mortar restaurant in town.

One thing residents don’t want to see is retail operations at Crescent Beach, Mr. Colligan said.

It’s likely the four businesses that have been at the beach in past years will be welcomed back this summer, and a kayak business seeking to operate at other sites on the Island could be approved.

Applications are being accepted through March 31 and then the Town Board will make further decisions about fees, types of businesses to be considered and any other factors.

Non-discrimination policy

The Town has long had a policy on its books prohibiting discrimination based on race, sexual orientation, gender, marital status and other such reasons and a federal non-discrimination law has been on the books since 1964.

There is now pressure to adopt a specific non-discrimination provision that includes a complaint procedure to be followed by anyone believing they are being discriminated against. It’s critical because an application for some grant funding needs to show compliance with the federal law that also applies to companies seeking to do business with the town.

Mr. Colligan pointed out that regardless of any grant opportunity, nondiscrimination practices must be embraced.

In a special meeting following the work session, the Town Board unanimously approved the policy.

During that same special meeting, the Board approved several resolutions, including the appointment of Kim Reilly as clerk for the Deer & Tick Committee, the West Neck Water District Board and the Taylor’s Island Preservation and Management Committee.