HomeMy WebLinkAbout03/15/2010 Carole A.Geiss
2155 Long Creek Drive
Southold, New York 11971
631-765-3255
e-mail:caf@optonline.net
March 15, 2010
Members of the Town Board
Animal Shelter Oversight Committee
Southold Town Hall
Southold, New York 11971
Dear Councilmen Orlando, Ruland, and Krupski:
This memo comes to you following a telephone conversation I had with Councilman Orlando on
Saturday, March 13, 2010. Enclosed you will find documentation and information that we
discussed.
• The first document is a copy of page 7 of the NFAWL financial for December 2009 that
you received recently, regarding NFAWL's intent to go to arbitration if the present issues
are not settled.
• The second document is a copy of a letter I received from Dr.James A,Gray,
Veterinarian 3 with the Department of Agriculture and Markets,who responded to my
earlier inquiry. I had sent him copies of DL-18's that had been submitted to Elizabeth
Neville's office, and which were far from complete.
• The third document is a copy of a memorandum re:Type of Corporation That Can
Operate a Town Animal Shelter and Adoption Center.
• The fourth and final document is a list of organizations that would consider responses to
requests for bids to operate our shelter.
I hope that this information is of help to you. Please call or e-mail me if you need more
information or have questions,
Respectfully,
Carole Geiss
I
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NOT FORK ANIMAL WELFARE LEAGUE INC.
NOTES TO FINANCIAL STATEMENT
December 31,2009
Uncertainties about the Future:On February 3,2010 the North Fork Animal Welfare League,Inc.(NFAWL)
Town attorney. The Town of
received a "90 Day Notice of Intention to Terminate" from Q08 between the Town and thouthold e NFAWL as of
Southold intends to terminate the Agreement dated April
May 15,2010 due to failure to comply with terms of the Agreement.
Southold Town
On February 12,fa l co pl compliance with e attorney the terms of he contractor the NFAWL responded
and heeTown of Southolattorney
doess not have the
NFAWL is in full comp
tract. The Towns reasons for termination are all adricay by the
right to terminate this connd concludes that,"if the Town will not reconsider itssin entionito terminate the
Council for the NFAWL ht to submit this dispute to arbitration before the American
contract,the League hereby asserts its rig
Arbitration Association,pursuant to Paragraph 3(f)of the contract. ,
As of this report date there has been no response from the Town and the issue cannot be determined as its
possibility is unclear.
4
7
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XCEL810R' ,
STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
1.013 Airline Drive,Albany, New York 12235
1-800-554-4501
www.agmkt.state.ny.us ,
December 18,2009
Carol A.Geiss
2155 Long Creek Drive
Southold, NY 11971-5313
Dear Ms. Geiss,
Thank you for your follow up letter to my letter dated October 20th and your interest in,
municipal dog control. Since your original correspondence our inspectors have visited the North Fork x
Animal shelter to review proper recordkeeping and will be following up in the near future"to-evaluate
compliance. The purpose of these inspections is to correct the inconsistencies evident in the DL 18,
forms that you supplied-to,our office.
To reiterare my previous response, our Department is responsible for the enforcement of Article
7 as it is. We expect the responsible municipality to ensure that there is a paper trail for all dogs seized
under Article 7.-The areas we key on with regard to documentation are 1) has the dog been held the
minimum 5 day period before adoption or euthanasia and 2) have redeemed or adopted dogs been
Properly licensed prior to release. If a town wishes to hold a dog longer than 5 days that is there
decision entirely. We make it clear they are responsible until the-final disposition of the dog as far as
care and recordkeeping go.
The question also has come up-regarding the handling of owner surrendered dogs. These dogs
are not covered by Article 7 and it is a town decision to accept them. They can use the DL 18 form for
recordkeeping if they make it clear on the form it is an owner surrender. A town will often choose to
accept such dogs since if they do notthe owner may release the dog resulting in an Article 7 seizure
anyway.
You correctly point out cases where "must' is used in the dog control and shelter manual and DL
18 instructions where it conflicts with my earlier response. Regulations in these particular areas have
not been developed for Article 7. Our intent in using must was to strongly encourage the towns to
record information that would support anddocument their activities and minimize potential
communication gaps between the parties involved. We will review the language in these documents
and make changes where appropriate. `
Your final question was when we would find it necessary to confirm that euthanasia was
performed by an animal hospital. Our inspectors are instructed to review the euthanasia procedures. If
we had any questions or concerns,the animal hospital personnel could be consulted if they are listed as
the euthanizing agent. Whether the form is signed or not does not change the responsibility of the town
to make sure the procedure is carried out legally and properly.
Thank you for pointing out the deficiencies in the Town of Southold records which is hopefully in
the process of being resolved. Such input is helpful in our efforts to improve and regulate the
implementation of Article 7.
Sincerely,
mes A. Gray, D
Veterinarian 3
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FROM:
DATE: 6bruary 1,2010
RE: Type of Corporation That Can Operate the 'animal Shelter&
Adoption Center
You asked me to research the type of corporation that can operate the
own
Animal Shelter&Adoption Center( 'Che requirements for a corporation to operate
_^ a town animal shelter are detailed in 1996 Op.Atty. Geri.
Re ts to O crate a Town Animal Sh titer
Under section 1140)of the Agriculture and Markets Law("A&M Law,),each village,
town and city in which dog licenses are issued must a
ppoint,and any other village or c
Appoint,one or mare dog contrnounty may
l officers for t17e purposes of controlling.dogs acrd fol•
e"forcenzcat of Article 7 of the A&M Law, In lieu of,or in addition to, thea '
corrtral officer, a muniei a1i ppo2ntment of a dog
p ty may contract for dog control officer services,or for the operation
of an animal shelter, "with an
y other maniciPality or with any incorporated humane society or
similes incorporated dog protective association AG.&MKTs. L. 114
municipality ma � (Z)and 115(2). A
y not contract with a business corporution for dog control services. 1996 Op,
A ` Gen. ) IS(citing 1965 Op.Atty. Gen.(InT)75). The clear implication
of this is that a
11119457-120/2010
w � -
humane society or incorporated dog protective association, within the meaning of A&M Law
§§ 114 and 115,must be a not-for-profit corporation. Id.
Incorporated humane societies and dog protective service associations are classified
under section 201(b) of the Not-for Profit Corporation Law("NITC Law")as corporations for
the prevention of cruelty to animals,which are'Type B not-for-profit corporations. "Every
certificate of incorporation for a corporation for the prevention of cruelty to animals must have
ctidorscd thereon or annexed thereto the approval of the American Society for the Prevention of
Cruelty to Animals"("ASPCA'). NUT-FOR-PROFIT CORP. L. § 404(g). Alternatively,if ASPCA
approval is withheld 30 days after application for approval,the certificate of incorporation for a
corporation for the prevention of cruelty to wiimals may be annexed with"a certified copy of an
order of a justice of the supreme court of the judicial district in which the office of the
corporation is to be located,dispensing with such approval." Id. Additionally,the number of
corporations for the prevention cif cruelty to animals that may be formed in tach county is
regulated byNFPC Law § 1403(b).
Therefore, a town may only contract for dot;coniTol services or for the operation of an
animal shelter with humane societies and dog protective associations that are formed under the
NFPC Law as corporations for the preventiOn of cruelty to animals, and which have ASPCA
approval or a court order dispensing with approval. In addition to the enforcement of Article 7
of the A&M Law,corporations for the prevention of cruelty to animals are authorized to engage
in activities such as the spaying and neutering of dogs and cats,and the seizure and humane
destruction of lost, strayed,homeless or abandoned animals,pursuant to certain provisions of
Article 26 of the A&M Law. /1U.&Miers. L. §§ 373,374,377-a.
-2- 1659451.1 7/112010
Mar. 10 2010 06:18PM P3
App ication to th m owner 1 Shelter&Adoption Center
The nimal Shelter Foundation, Inc.("0 which currently operates
tlejjjjj&'s a Type D not-for-profit corporation that was formed, in pant, for the purpose of
preventing cruelty to animals. However,the copy ofjoW)Certificate of Incorporation(the
"Certificate")that I reviewed is not endorsed with ASPCA approval,nor is it annexal with a
court order dispensing with approval. In fact,#40pparently attempts to elude the
requirements of NFPC Law§§404(g)and 1403(b) in the Third Section of the Certificate, which
states:
Nothing herein shall authorize Owirectly or indirectly,to engage in or
include among its purposes and powers any of
1. the special purposes and powers reserved to societies for the
prevention of cruelty to animals under Section 1403(b)of the Not-
for-profit Corporation Law, or any other statutory provision
granting purposes or powers to such societies;or
2. the activities mentioned in the Not-for-Profit Corporation Law,
Okapparent
Section 404(b)through Section 404(u), inclusive ...
attempt to elude these provisions is ill-fated to the extent that it does not alter
the requirements imposed on municipalities by A&M Law§§ 114 and 115. Thus,because
is not a duly incorporated humane society or dog protective association with ASPCA approval or
a court order dispensing with approval,the town o not contract with�for
dog control services or for the operation of the
-3- 1659451.1211/2010
ORGANIZATIONS THAT WOULD/MIGHT
ENTERTAIN RESPONDING TO REQUEST FOR PROPOSAL TO OPERATE THE
SOUTHOLD TOWN ANIMAL SHELTER
1. The Suffolk County Society for the Prevention of Cruelty to Animals(SCSPCA).
This is an independent not-for-profit organization,employing law enforcement agents,
some of whom are retired and some of whom are still employed.
Mr. Steven Layton, Chief of Operations, said that he would be very interested in
considering the opportunity. He would request a copy of a sample contract.
Mr. Layton can be reached at 382-7722. His e-mail address is:slavton@scspca.us
The SCSPCA is equipped with a mobile"MASH"vehicle used for spay/neuter programs.
The mailing address is:363 Rte. 111,Smithtown,NY 11787.
The website for the SCSPCA is:www.suffolksoca.ora
2. KENT Animal Shelter.
Ms. Pamela Green is the director of the shelter. She suggested that our Town send a
letter, addressed to Dr.Chuck Timpone, President, Kent Board of Directors, explaining
Southold's situation. Dr. Timpone's veterinary practice is in Laurel on Rte.25.
The board did deny a request to operate Riverhead's Town shelter, but she said that
every case is different.
The Kent Shelter is located at 2259 River Road, Calverton, NY 11933-1639.The phone
number is 631-727-5731.
The e-mail address is: inauiries@kentanimalshelter.com
You can view the website at www.kentanimaisheiter.com
3. Southampton Animal Shelter Foundation.
The Town of Southampton recently contracted with the SASF to operate the facility,
which is relatively new and well equipped.Ms. Susan Allen has contributed funds for the
building of the facility, and now has her foundation operating it.
Donald Bambrick,the director of the shelter, recommends that our Town send a letter to
Ms.Allen and the Board of Directors of the Foundation explaining the possible need for a
new vendor. Ms_Allen has"influential members on her board.'
The address of the shelter is:
Red Creek Parts, 102 Old Riverhead Rd.,Hampton Bays, NY 11946.
The phone number is:728-7387.
The website is:www.southamptonanimaisheiter.com
The e-mail for the shelter is: admin@southamptonanimalshelter.com
4. The Anima!Rescue Fund of the Hamptons(ARF).
I did not speak with anyone from ARF regarding Southold's problems. However, Gunther
and I have visited their very well run facility, and spoken with Ms.Sara Davison,the
Executive Director. Ms. Polly Bruckman is the President of the charity.
This group is well known on the South Fork, and�also has some very"influential"
supporters.
Kent is located at: Daniels Hole Road and Industrial Road,Wainscott, NY 11937.The
mailing address is P.O. Box 901,Wainscott, NY 11975.
The telephone number is 631-325-0200.
Please visit the website at:www.arfhamptons.ora