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HomeMy WebLinkAboutTB-01/31/2023 PH 1 COUNTY OF SUFFOLK : STATE OF NEW YORK TOWN OF SOUTHOLD -------------------------------------------------- TOWN OF SOUTHOLD TOWN BOARD MEETING -------------------------------------------------- Southold, New York January 31 , 2023 4 : 30 P . M . B E F 0 R E : SCOTT A . RUSSELL, SUPERVISOR LOUISA P . EVANS , JUSTICE BRIAN 0 . MEALY, COUNCILMAN GREG DOROSKI , COUNCILMAN SARAH E . NAPPA, COUNCILWOMAN JILL DOHERTY, COUNCILWOMAN January 31, 2023 Regular Meeting 2 HENRY L . FERGUSON MUSEUM CE PUBLIC HEARING RESOLVED that pursuant to the provisions of Chapter 185 ( Open Space Preservation) and Chapter 17 ( Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, January 31 , 2023 , at 4 : 30 p .m. , Southold Town Hall , 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a conservation easement on property owned by The Henry L . Ferguson Museum as Contract Vendee . Said property is identified as SCTM #1000-4 . -5-5 . 10 and is located off Main Road ( a . k . a . Oriental Avenue ) and Top of the World Road, Fishers Island . The property is located within the Low-Density Residential R-120 Zoning District . The proposed acquisition is for a conservation easement on the entire property, consisting of approximately 15 . 6± acres , subject to survey . The purchase price for the January 31, 2023 Regular Meeting 3 15 . 6± acre conservation easement is $ 925 , 000 (nine hundred twenty- five thousand dollars ) plus any acquisition costs associated with the purchase of this easement . The purchase will be funded by the Town ' s Community Preservation Fund . The property is listed on the Town ' s Community Preservation Project Plan as property that should be preserved for open space preservation . The purpose of this acquisition is for open space, passive recreational purposes and wetland protection . The Town ' s purchase of the conservation easement is contingent on the simultaneous delivery of a fee title deed to the 15 . 6± acre property to the Seller, The Henry L . Ferguson Museum as Contract Vendee , by the current owner, Fishers Island Development Corporation ( FIDCO) . The contract between FIDCO and The Henry L . Ferguson Museum is subject to a fund-raising contingency . The Henry L . Ferguson Museum has agreed to provide public access to the property in January 31, 2023 Regular Meeting 4 the form of accessible recreational trails which connect with, or link to, existing trails within the Ferguson Museum trail system and/or the Fishers Island Recreational Path . The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 ( Transfer of Development Rights ) of the Code of the Town of Southold, Section 117-7 . Twenty- four point six ( 24 . 6 ) Sanitary Flow Credits may be available for transfer from the property upon the Town ' s purchase of a Conservation Easement . The transfer of the Sanitary Flow Credits will not be finalized, and shall not occur, until the Town closes on the Conservation Easement, and the Town Board passes a resolution allowing the transfer of such credits into the Town TDR Bank . FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned parcel of land is on file in Land Preservation Department , Southold Town Hall Annex, 54375 January 31, 2023 Regular Meeting 5 Route 25, Southold, New York, and may be examined by any interested person during business hours . SUPERVISOR SCOTT RUSSELL : Would anybody like to address the Town Board on this particular Public Hearing? MS . MELISSA SPIRO : That would be me . Hi . Melissa Spiro, Land Preservation Coordinator . So the subject property is outlined in red on the map and on the map in Zoom . There is some other property around there in a light green . Properties that are owned on Fishers Island by the Henry L . Ferguson Museum Land Trust . There is one property shown on there -- I don ' t know what color it is , teal or darker green and that property is owned by the Town and the Museum' s Land Trust under a licensed agreement . As noted on the Museum ' s website, the Land Trust over there, on Fishers Island, the acquisition of stewardship of undeveloped properties are of environmental importance on Fishers January 31, 2023 Regular Meeting 6 Island . And they own over 350 acres of protected by the Land Trust . Either directly or through the Easements . And properties owned by the Land Trust are held as wildlife sanctuaries and are maintained on many of the properties . In August , during the Town ' s annual site on Fishers Island, Land Preservation Committee members and I met with Bob Miller of the Museum ' s Land Trust , and I spoke with the member representing Land Trust on Fishers Island . He showed us the subject property and many others on Fishers Island . He asked if the Town could partner in some manner to help protect the property . That I think was 5 or 6 months as noticed in the Public Hearing notice, the museum is now the contract vendee to purchase the subject property from the current owner and the Town is committing to purchasing a conservation easement on the entire property from the museum once they ' re owners . They intend to fundraise , to raise funds for the property . Both January 31, 2023 Regular Meeting 7 contracts , the contract with the museum and with FIDCO have a contract with the museum and the Town and are contingent on each other and contingent on the museum raising the funds to purchase the property . They ' re giving themselves until 2024 . Far away but really isn ' t . Across the street is the Fishers Island Recreational Path . That is also shown on the map in a solid green line that follows the road . The recreational runs parallel to the road on the side of the road . So the property is in the vicinity of other museums properties with trails . Again, you can see those properties in the light green on the map . And the museum intends to provide access in the form of recreational trails , which can link to existing trails within the museum trail system and recreational path . As you can see on the map, the subject property contributes to protected areas and centered on a lot of fresh water ponds and extend from both water bodies there January 31, 2023 Regular Meeting 8 on Fishers Island . The property is also one of the highest lots on the aquifer on Fishers Island and contributes to protecting the aquifer . The project has had many, many moving parts . It ' s a challenging project but I am glad to be here and asking the Town Board tonight to proceed with the easement component . It ' s been a pleasure of working with Bob Miller, who I believe is on Zoom watching this to get to this point . The acquisition has been reviewed by Land Preservation Committee, and both the Committee and I support the Town to proceed with this acquisition . Thank you . SUPERVISOR SCOTT RUSSELL : Thank you . Who else would like to address the Town Board? MS . DORIS MCGREEVY : Yes . I am a member of the Land Preservation Committee . I did go with the -- some of the participants of our committee to Fishers Island to view this property . And we -- the part here on the -- you January 31, 2023 Regular Meeting 9 know, the acquisition with the requirement that it is open to the public, I think needs to be further detailed . Because the part that they the municipality is purchasing is almost a million dollars putting in for the easement, and to partner with the Ferguson Museum; however, I as a citizen here could not get there from here . Many of you . The reason being that this parcel is in the private section of the island . Now in order to get there, you would have to be a resident there or a guest . So not that many of us would want to go over there to Fishers Island by car or take the ferry over, but we should have some ability to walk that trail , since , you know, our Town has paid for it . We should have public access . And I see it has public access but it is not finite as to how many guest passes we could have . And you know, just saying that it ' s open to the public, well it ' s not . There is some kind of a guard house . And when Bob January 31, 2023 Regular Meeting 10 Miller drove us through, you know, you have to have something on your car that admits you to the private section on this island . You know, this is a good acquisition . The only thing I felt and I went to the work shop, and I did mention it and Louisa brought up the fact that you could have a guest pass . You know, somebody wants -- if somebody lives on the island on the private section, you can have a guest pass . Well , I think we should have that ability, if so, someone wants to go there and walk the trails . So I really feel that somehow in the language , on the second page there . Says whereas the Henry Ferguson Museum has agreed to provide public access to the property, that ' s -- at this point, it ' s not true because I couldn ' t get there unless I lived there . So I think that we -- you know, it would be fair to the residents here and the residents of Fishers Island, that we have this reciprocal agreement where we could over there and January 31, 2023 Regular Meeting 11 walk the trail and have a guest pass . So it ' s -- if you can provide outside guest passes to residents outside the private area, maybe through the Recreation Department of maybe -- I don ' t know, 5 a month or 10 a month . It ' s not going to be crowded, but I feel it ' s not fair . And I think that something here has to be written or included . I am in favor of the acquisition, but a million dollars and we can ' t get there from here . I really, really think you have to give us a break . Give the residents a break . I mean, somebody might want to walk the trail and they might want to take a car over . And again, it was brought up, you can park outside the gate and walk . It ' s very, very -- you can see , it ' s a very, very long island . To get there by walking of course . Anybody with a bicycle could use it . You know, my bicycle days are over . And I think people would like to come over there . It ' s expensive because you have to take January 31, 2023 Regular Meeting 12 the car and ferry . But I think they should have a shot at least . If they -- if any of the residents desire they want to have that opportunity . It ' s a matter of fairness . You know, if this municipality is going to spend a million dollars , what do we get for it? What do the taxpayers get for it? So I think the language should be rewritten . I think people would mostly agree . Does anybody have any comment on this ? COUNCILWOMAN JILL DOHERTY : It says in the agreement that it will be public and -- the passes would, Louisa -- JUSTICE LOUISA EVANS : I don ' t know anything about the passes . I just know you can get through it if you go on the recreational trail . You can get to the piece of the property . And any resident of the Town of Southold is allowed on the recreational part . I also want to point out , you talk about a million dollars . It ' s not a million dollars and actually less than the appraised value of that conservation easement . And January 31, 2023 Regular Meeting 13 also, people from Fishers Island have -- money has gone into that fund . And very little property gets bought on Fishers Island because there is just not available . Lot of money has been spent on this side of the Town . And nobody from there ever gets over here , because it ' s ferry-less cars -- MS . DORIS MCGREEVY : We don ' t get over there either . It ' s not a -- there is not a gate to come off the ferry and say you can ' t get off here . It ' s open . Same thing there . We should have that availability -- JUSTICE LOUISA EVANS : You do with MS . DORIS MCGREEVY : I know you live there and I know it ' s important to you . The residents . But why not? Why not? Because you pay a lot of taxes . We pay a lot of taxes . Come on . I thought when I spoke with Melissa that they would work something out with the Recreational Department to allow a guest pass . And I do remember you saying January 31, 2023 Regular Meeting 14 that, if somebody comes to visit somebody in the private section, that they get a guest pass . So that is not unusual . JUSTICE LOUISA EVANS : They can get guest passes . It ' s not just on the private end . MS . DORIS MCGREEVY : Well , I think that we should be able to access that . And I know that it ' s $ 925 , 000 is it? Not a million . I know I rounded it up to a million . $ 925 , 000 . JUSTICE LOUISA EVANS : And a lot more money is spent over here on properties . MS . DORIS MCGREEVY : Well , look what you have and look what we have? You have a very scenic beautiful place . COUNCILWOMAN JILL DOHERTY : I think it ' s something that we can move forward on this and maybe in the future we could come up with a -- Fishers Island can come up with some sort of guest pass . But now, the important part , the public is allowed there . January 31, 2023 Regular Meeting 15 SUPERVISOR SCOTT RUSSELL : I am going to ask the Land Preservation Coordinator, she -- I just want to clarify some factors . MS . MELISSA SPIRO : I just want to point out , I understand all of Darcy ' s points . The Town is not buying this ( inaudible ) we buy it land and fee title than that provides access to everyone because that is now owned by the Town . We ' re buying a conservation easement on it . Sort of similar with what we do here by the development rights on farmland . So the land remains private . On this particular case, Fishers Island Land Trust, which is not the same as a private citizen . And they ' re buying it . They ' re agreeing to make sure that it ' s open for public access . And granted, there is the issue of being able to drive there . But there is no parking . No land for that piece . And it is accessible through the recreational path . And that is a distinction that I think we have to clarify there . January 31, 2023 Regular Meeting 16 MS . DORIS MCGREEVY : There will be trails . SUPERVISOR SCOTT RUSSELL : I appreciate it . Thank you . Would anybody else like to address the Town Board on this particular Public Hearing? (No Response ) . SUPERVISOR SCOTT RUSSELL : Okay . JUSTICE LOUISA EVANS : Motion to close the hearing . COUNCILWOMAN JILL DOHERTY : Second . SUPERVISOR SCOTT RUSSELL : All in favor? COUNCILWOMAN JILL DOHERTY : Aye . COUNCILMAN GREG DOROSKI : Aye . COUNCILMAN BRIAN MEALY : Aye . COUNCILWOMAN SARAH NAPPA: Aye . JUSTICE LOUISA EVANS : Aye . SUPERVISOR SCOTT RUSSELL : Aye . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * LL Chapter 189 & 260 - Sound Drive WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2023 , a Local January 31, 2023 Regular Meeting 17 Law entitled "A Local Law in relation to an Amendment to Chapter 189 , Parking, and Chapter 260 , Vehicles and Traffic in connection with Parking on Sound Drive in the hamlet of Greenport . " Now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall , 53095 Main Road, Southold, New York, on the 31st day of January, 2023 at 4 : 30 p .m. at which time all interested persons will be given an opportunity to be heard . The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 189 , Parking, and Chapter 260 , Vehicles and Traffic in connection with Parking on Sound Drive in the hamlet of Greenport . " SUPERVISOR SCOTT RUSSELL : Would anybody like to address the Town Board on this particular Local Law? (No Response ) . JUSTICE LOUISA EVANS : Motion to close the hearing . January 31, 2023 Regular Meeting 18 COUNCILWOMAN JILL DOHERTY : Second . SUPERVISOR SCOTT RUSSELL : All in favor? COUNCILWOMAN JILL DOHERTY : Aye . COUNCILMAN GREG DOROSKI : Aye . COUNCILMAN BRIAN MEALY : Aye . COUNCILWOMAN SARAH NAPPA: Aye . JUSTICE LOUISA EVANS : Aye . SUPERVISOR SCOTT RUSSELL : Aye . Can I get a motion to reopen? COUNCILWOMAN JILL DOHERTY : I will make the motion . COUNCILMAN BRIAN MEALY : Second . SUPERVISOR SCOTT RUSSELL : All in favor? COUNCILWOMAN JILL DOHERTY : Aye . COUNCILMAN GREG DOROSKI : Aye . COUNCILMAN BRIAN MEALY : Aye . COUNCILWOMAN SARAH NAPPA: Aye . JUSTICE LOUISA EVANS : Aye . SUPERVISOR SCOTT RUSSELL : Aye . BOARD ROOM : Mr . Miller, you have permission to speak? Go ahead, Mr . Miller? SUPERVISOR SCOTT RUSSELL : Mr . January 31, 2023 Regular Meeting 19 Miller? MR . ROBERT MILLER : Yes . SUPERVISOR SCOTT RUSSELL : Go ahead . You have the floor? MR . ROBERT MILLER : I am sorry, I asked to be heard about the conservation easement and it has already been resolved . So there is no need for me to speak to that . COUNCILMAN GREG DOROSKI : So I make a motion to re-close the Public Hearing . COUNCILWOMAN JILL DOHERTY : Second . SUPERVISOR SCOTT RUSSELL : All in favor? COUNCILWOMAN JILL DOHERTY : Aye . COUNCILMAN GREG DOROSKI : Aye . COUNCILMAN BRIAN MEALY : Aye . COUNCILWOMAN SARAH NAPPA: Aye . JUSTICE LOUISA EVANS : Aye . SUPERVISOR SCOTT RUSSELL : Aye . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PUBLIC COMMENTS . SUPERVISOR SCOTT RUSSELL : That completes the business of the agenda . I am going to invite anybody that would January 31, 2023 Regular Meeting 20 like to come up and comment on any issue, please feel free? MS . JESSICA MICHAELIS : Hi , everyone . Jessica Michaelis , Planning Department . Civil Service title, Senior Office Assistant . I am just here tonight to give face and a name to one of the many union members who are asking for a fair contract . Thank you . SUPERVISOR SCOTT RUSSELL : Thank you . MR . JOE O ' LEARY : Good evening, everybody . My name is Joe O ' Leary, Southold . Town CSEA Unit 875 President . I just wanted to start off by saying, thank you to the membership showing up this evening . I would also like to say thank you to the Long Island Region 1 President , Jerry Laricchiuta and first Vice President of Long Island Region 1 Jaris Brown, and President of Oyster Bay Town, and I ask both of you as our members and support for being for being here with us today, and your help with your negotiations . Supervisor Russell , January 31, 2023 Regular Meeting 21 you mentioned that mediation is a great way to solve our contract negotiations and I look forward to the February 15th mediation meeting between the union and the Town ' s , and your representatives . And I would like to extend an invitation to you, Scott, to join us at the mediation table in order to help streamline the process on both sides . Iron out our contract agreement between the Town and CSEA. Thank you . And thank you to everyone . SUPERVISOR SCOTT RUSSELL : Who else would like to address the Town Board? By all means . MR . JERRY LARICCHIUTA: Good evening . Supervisor Russell and Council , Treasurer, Town Clerk, some of the members of the CSEA in the audience . My name is Jerry Laricchiuta . I think I spoke here in November . A couple of months ago . I guess I was trying to see if we can get some motivation to get a contract settled between management and labor here . And, you know, I got to be January 31, 2023 Regular Meeting 22 honest with you, going into impasse after only four sessions is weak . To me, I got to be honest, all that I have been doing, it takes more -- sometimes it takes just four sessions to set the ground rules . So to me, that is a cowardly act . That is an act that you ' re kicking the can . You don ' t have any intentions on settling the contract with the union and the members on your own . And if I am wrong, there is only one way to say it . If you, Mr . Supervisor, really want to believe that remediation is the best way to settle this , would you right now on the record, on the record, would you agree to take the mediators opinion and make it binding? SUPERVISOR SCOTT RUSSELL : That is -- first of all , be careful with what you wish for . MR . JERRY LARICCHIUTA: I understand . I understand . SUPERVISOR SCOTT RUSSELL : Let me just explain something as I explained to January 31, 2023 Regular Meeting 23 Joe . It was clear there was no settlement . So we requested impasse to move the process along . To suggest that that was the cowardly or chicken, is to not understand the process because the reality, if we can get the mediation right away -- and it was clear both sides were not going to agree . Get a mediator in and get it settled . That was the fastest , expeditious way of doing it . MR . JERRY LARICCHIUTA: If you want to bring the contract details -- SUPERVISOR SCOTT RUSSELL : You got demand rights . I am not going to discuss the actual -- MR . JERRY LARICCHIUTA: I will say that, dealing with coller ( sic ) raises only and nothing else , that seems to be a difference , mediation is not always the best way to go . It ' s a simple quick fix . When two people can -- you can have groups that can sit down and hammer this out, and you know, certainly and I don ' t -- you didn ' t have any problem January 31, 2023 Regular Meeting 24 getting yourself about thirty and some odd percent over the last ten years . You got about 30 -- and no one begrudges that . God Bless you . You deserve it . With today ' s COVID that went through in 2020 and everything that you went through as a Supervisor, you deserve it . So do our members here . Our members deserve that . And your employees deserve that . Why do we want to disrespect them all the time? Now we ' re going to go to mediation . Kick the can down the road for another, 5 , 6, 7 months , right? And then the mediator is going to come out with an answer and more than likely because of my experience -- and by the way, you mentioned I don ' t know what I am talking about or something like that . I have been working a long time . So I have seen dozens of mediations and some of them have worked out . You ' re right . But you -- they don ' t even start until you have exhausted each side . Maybe 10 or 12 sessions . And come so close, yet January 31, 2023 Regular Meeting 25 so far . How can you do that? You didn ' t meet at all in December from what I understand . You didn ' t meet once in December . Your last meeting was October 13th of ' 23 . So I don ' t understand how this Board and you, as a Supervisor, can say, going to mediation is the right way to go . I told you in November what would happen and now when it warms out and when the residents come -- and the people that visit this great Town -- and you have a great Town here . Your members and employees are proud of the work that they do here . But they ' re going to meet your residents and they ' re going to meet your visitors and tell them how they ' re being treated by this Town . And to be honest with you, Mr . Supervisor, you ' re not doing a very good job with them. Point blank . SUPERVISOR SCOTT RUSSELL : Hey, Joe , why don ' t you stand up right now and tell the entire public and this community and what your demands are? I can ' t do it . January 31, 2023 Regular Meeting 26 MR . JERRY LARICCHIUTA: Can ' t do that publicly . SUPERVISOR SCOTT RUSSELL : Well , you have demand rights . I can ' t do it . MR . JERRY LARICCHIUTA: He can ' t do it either . That ' s a circle -- SUPERVISOR SCOTT RUSSELL : You want -- the fact of the matter is , you want to compare the salary increases to public officials , you got to take it in its entirety . No COVID time . No overtime . No vacation . No carry over of personal days or all those things . So I am not complaining of my job . And I went into knowing that . Public officials don ' t get paid the same as administrators outside of the elected side on the administrator hired side . I knew that . The reality is , you can ' t cherry pick components that you like and ignore the other aspects that you don ' t like . MR . JERRY LARICCHIUTA: You can ' t cherry pick either . What we are saying to you, we don ' t ignore you for your January 31, 2023 Regular Meeting 27 raise . We think you deserve it -- SUPERVISOR SCOTT RUSSELL : I think mediation is the best , fastest way to get and this going . The reality is , this was clear, both sides were not going to settle . And if you want to kick the can down the road, go ahead and have -- MR . JERRY LARICCHIUTA: We don ' t want to kick the can down the road . SUPERVISOR SCOTT RUSSELL : We weren ' t going to get anywhere . Let ' s get a mediator in and settle this . MR . JERRY LARICCHIUTA: So you really believe that can happen? I think that we can do it . But there has to be -- there has to be a reason . Is there a drive to get this done? I don ' t know if that drive is there . SUPERVISOR SCOTT RUSSELL : The mediation has -- I have been here for 18 years . We have gone through many contracts . The mediation process works well . MR . JERRY LARICCHIUTA: And there January 31, 2023 Regular Meeting 28 is a pattern here . And we talked about that pattern last time . You have been here a long time . We give you some respect in that and I don ' t want to override my -- I just want you to know that your employees are starting to feel this . They are not feeling that you, as the current Supervisor, really give that much care about them. And I am starting to hear it . So I am just telling you, if that ' s not true , there is a good way of making me look wrong . I would love for you to do that . Thank you . SUPERVISOR SCOTT RUSSELL : Thank you . Who else would like to speak? Would anybody else like to comment on this particular issue? (No Response ) . SUPERVISOR SCOTT RUSSELL : No . Anybody else on any issue? (No Response ) . COUNCILMAN GREG DOROSKI : Make a motion to adjourn . COUNCILWOMAN JILL DOHERTY : Second . SUPERVISOR SCOTT RUSSELL : All in January 31, 2023 Regular Meeting 29 favor? COUNCILWOMAN JILL DOHERTY : Aye . COUNCILMAN GREG DOROSKI : Aye . COUNCILMAN BRIAN MEALY : Aye . COUNCILWOMAN SARAH NAPPA: Aye . JUSTICE LOUISA EVANS : Aye . SUPERVISOR SCOTT RUSSELL : Aye . (Whereupon, the Board Meeting concluded at this time . ) January 31, 2023 Regular Meeting 30 C E R T I F I C A T I O N I , JESSICA DILALLO, a Court Reporter and Notary Public, for and within the State of New York, do hereby certify : THAT the above and foregoing contains a true and correct transcription of the Meeting held on January 31 , 2023 , and were transcribed by me . I further certify that I am not related to any of the parties to this action by blood or by marriage and that I am in no way interested in the outcome of this matter . IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of February, 2023 . �1 o Jessica DiLallo