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HomeMy WebLinkAboutTB-01/28/1986-S281 SOUTHOLD TOWN BOARD SPECIAL MEETING JANUARY 28, 1986; WORK SESSION 11:00 A.M. - Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilman James A. Schondebare, CouncilWoman Jean W. Cochran, Councilman George L. Penny IV, Town Clerk Judith T. Terry, Super- intendent of Highways Raymond L. Jacobs. Supervisor Murphy stated this meeting was held at the request of Councilman Penny for a Special Meeting and asked if ~Councilman Penny would like to have a Work Session first or open the Special Meeting. Councilman Penny asked for a Work Session, and asked for an opportunity to make a presentation. Councilman Penny stated that on January 21, 1986 at the Town Board Work Session there were members of the North Fork Animal League, Inc. and the general public in attendance to discuss concerns relative to the Dog Pound. A prepared statement was read by Annette Knoblock with relation to specific problems at the Pound. As Chairman of the Town Board Dog Pound Committee Councilman Penny volunteered to inspect the building and construction. He was shocked at what he saw and that is the reason he requested the Special~ Meeting, along with Councilwoman Cochran who had voted not to begin construction on the new buildings without seeking bids. Councilman Penny spoke to Supervisor Murphy about the situation and was advised to address his concerns to a meeting of the Town Board. Councilman Penny said this has been an on-going problem for a number of years and feels the Town has been remiss in dealing with the situation. The has revieWed reports back to the winter of 1984, and 1985, but nothing was officially done until the Board designated it an emergency situation on October 22, 1985, and specifically voted to supercede the bid process (with the exception of Councilwoman Cochran, who opposed construction without seeking bids). He feels the situation has gotten worse, the matter is still an emergency, but no matter what is done it 'will probably be early spring before the situation is corrected. Councilman Penny reaffirmed a commitment of Dr. William Zitek to "stand ready any time to admit, treat and hospitalize any injured animals brought in by the Dog Warden or Police." However, Dr. Zitek stated {on 1/27/86) that he cannot make a long-term commitment. The League will probably be asking other veterinarians in other areas if 'they can~ use their facilities if there is a problem. Councilman Penny feels other veterinarians will be willing to do this. An investigation of the Dog Pound by Councilman Penny revealed that the 1984 kennel building had the following construction problems: roof collapsing; no collar ties or collar beams; block cracked, walls bulging out; furnace intake blocked - no air flow - there is a 84 btu furnace which should be adequate for a much larger building. He called East End Sheetmetal and they've measured for repairs. He also noticed that there are four venting skylites that cannot be reached to open since they are inside the dog cages; no glass in the entry doors causing a lack of daylight inside the building, and two Iow, small, inadequate widows set very Iow to the ground. At the time of the inspection he made a verbal commitment to forget about the adminisl~ration building for the moment and concentrate on the Dog Pound building, but found that the building that is planned for the animals is exactly the same as the 1984 building and the inadequacies would be duplicated. As far as the Administration building, he found that the plans were not drawn or stamped by an architect or engineer as required by several laws. There were no electrical, plumbing, heating, handicapped access specs. He believes that the Town should stop at this point and address the problems because it appears to him the Town is operating totally outside the law and he is not prepared, as the responsible party for the project, to continue with what appears to be a violation of several laws. He asked for guidance from Town Attorney Tasker who submitted a letter containing the laws applicable to the construction of public buildings: Town Law, Education Law, General Municipal Law, Public Buildings Law, Executive Law, and Labor Law.--Councilman Penny state~l he is prepared to offer a resolution to engage an architect to design a facility that is long-term and legal. Supervisor Murphy advised CouncilmanPenny that the October 22, 1985 resolution must be rescinded if the Board is to adopt a resolution to engage an architect, which Councilman Penny agreed to. Town Justice Edwards asked about the status of the existing slab that is now, and if one corner of the building had been started? Councilman Penny said that it is his opinion that it is illegal and does not meet the provisions of the Code; the foundation footings don't go below grade, and would compound the problem by permitting something to be built on a faulty foundation and the Town would minimize its loss at this point by stopping and if what is done must be scrapped it would minimize the loss. Justice Edwards agreed the situation should be reviewed by an architect or engineer. Councilwoman CoChran concurred and agreed to support Councilman Penny's resolution. Councilman Stoutenburgh stated he feels it is a same Ray Dean isn't present to defend himself in the sense that the Town Board put their confidence in' Ray Dean to put in a footing and materials that would be correct and now we're being told that everything he did was absolutely wrong and improper. He would like to have had Ray Dean present to defend himselt: and offer input. Supervisor Mur'phy felt Councilman Penny should have talked to some of the people involved in the project as the layout had been discussed with the Animal Welfare League because plans were submitted and Councilman Townsend was involved in it for about a year and a half. A Mr. Gilford sent a plan in that was given to Ray Dean and Executive Administrator Lessard to come up with a firm plan and a block building on a slab was agreed upon and authorized by the Town Board.--Councilman Penny stated he is not condemning or questioning anything except the fact he has nothing to work with and there is no way to proceed and expect any type of a contractor, town or outside, to work without firm specifications and qualified plans with dimensions. A hand drawn plan was submitted by Councilman Penny and it was agreed by all concerned that such a plan could not be used to construct a building. Supervisor Murphy asked for further discussion and Councilman Stoutenburgh stated the discussion revolves around the emergency resolution at which time the people in ~the audience applauded the idea that the Board was going ahead and finally trying to do something and now it seems the Board has done everything wrong. He feels the Board tried to do what was right, put their confidence into someone, and if it is wrong that the Board should correct, but if it is not wrong the Board should continue with what is being done and get the building built'. Annett Knoblock, President of the North Fork Animal Welfare League, stated they are not being critical of anybody in the past or the future. They're mainly concern with action to go forward on a correct basis~ If an engineer or architect is needed they want proper plans for the future. Councilman Penny stated that the 1974 building that was put up by the Honeycomb concern was a modular, prefab building, which is similar to temporary commercial buildings. The building cost the Town $25,000 and it is his understanding it 'has been basically condemned in that as soon as the new structures are completed that building will be demolished. He does not want the same situation to arise ten years from now. Councilwoman Cochran took exception to some of the remarks of Councilman Stoutenburgl in laying this at the doorstep of Ray Dean. She feels the situation started with the Town Board when the vote was made to construct this building the way the majority chose to do it. No matter who was given the "plans" the building would not be constructed properly.--Councilman Stoutenburgh said the Town had plans for the 1984 building and it wasn't constructed properly.--Councilman Penny addressed that by revieWing those plans. For some reason there were some omissions made on the plans which were inadvertently not picked up by the Building Department. He pointed them out and since then the Building Department has conducted an inspection and he produced an order from the Building Department, dated January 24, 1986, as relates to the 1984 building; violation of applicable laws, ordinance or regulations, NYS Build- ing Code at premises - rafters are not tied together with collar beams, rendering roof assembly a hazardous condition in'violation of the NYS Public Building Code. The T.own is directed to comply with the law and remedy the conditions immediately. Th~.~ vlo. lations cited is the omission on the plans and in'the building. In Councilman Pen~ ~s opinion the plans which were drawn are illegal and the cause of the situation. The~ ~ construction did not conform to the State Code in 1984 and does not conform to the ~ ~ State Code in' 1986. The Board agreed that action should be taken to correct the problem at the Dog Pound as soon as possible by engaging an architect. Supervisor Murphy suggested that perhaps something could be salvaged from the building materials on the site, and possibly go with a block building if 'it is 'cheaper than a wood building. He further emphasized that the people must realize there is the possibility of having this building ready after two or three weeks of decent weather is now non-existent and probably won't be ready until this time next year. However, if this is the direction the Board wishes to take, it will be done. Councilman Stoutenburgh stated he thinks it's important to remember that the Board acted on a situation they thought would bring back a building to the Town that coutd be occupied within four to six JANUARY 28, 1986 283 months at the most and we are nOw-'thro~ing~that ~aside. Supervisor Murphy stated that when we went out to bid for the first building in 1974 it appears that the construction was a complete fiasco. Councilman Penny stated that each phase of the construction, heating, plumbing, drainage, etc., but there was no coordination of the project by a responsible individua! or it wouldn't be in the shape it'S in.--- Councilwoman Cochran asked for the time frame for the construction of the new buildings, the subject of the 10/22/85, resolution. Supervisor Murphy stated the concrete was poured in early Dei:ember, the delay being caused by the inability to find contractors to begin-the project on a timely basis. Three or four contractors promised Ray Dean they would do the work, but he could not get a firm commitment until ~early December. The work was then started and the Weather turned bad. Councilman Penny said there is no fault with the contractor that did'the work. However, if ~they are not given the proper plans to work with there will:be problems. There being no further discussion, the Special Meeting was opened by Supervisor Murphy. SPECIAL MEETING 11:40 A.M. A Special Meetin9 of the Southold Town Board was called to order by Supervisor Francis J. Murphy at 11:40 'A.M., Tuesday, January 28, 1986 at the Southold Town Hail, Main' Road, Southold, New York. Present: Supervisor Francis J. Mur'phy Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Councilman George L. Penny IV Town Clerk Judith T. Terry 1. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes CommisSioner of Public Works Raymond L. Jacobs to repair the D-6 bulldozer for use at the Southold Town Landfill'Site, at a cost not to exceed $5, 000.00. SUPERVISOR MURPHY: This is an emergency repair. When they were doing maintenance they found serious pins cracked. 1.-Vote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. ~ SUPERVISOR MURPHY: Okay, George, would you now like to offer a resolution to rescind the first resolution. Moved by Councilman Penny, seconded by Councilwoman Cochran, it 'was RESOLVED that the Town Board of the TOwn of Southold hereby rescinds their~ Resolution No. 25 adopted on October 22, 1985., which reads as follows, to wit: "RESOLVED that the Town Board of the Town of Southold hereby declares that an emergency situation exists at the Southold Town Dog Pound necessitating the construction of two (2) new buildings for the safety and welfare of the dogs to be housed therein, and hereby authorizes Superintendent of Highways Raymond C. Dean to be the general contractor for the construction of the new buildings, and to begin as soon as possible, in:the hopes this building will:be completed before the winter season; the Town to purchase all necessary materials for this construction." 2.-Vote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council-~ man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This :resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Now, George, you have one .... COUNCILMAN PENNY: I have a resolution here which I'd like to offer. 3. Moved by Councilman Penny, seconded by Councilwoman Cochran, WHEREAS, the Town Board of the Town of Southold has determined that it is in the public interest to construct a new Dog Shelter buildin~ at the Town owned site at Peconic Lane, Peconic, New York for the care of dogs seized pursuant to the provisions of the Agricultural & Markets law, and Chapter 38 of the Southold Town Code, and WHEREAS, Section 22 of the Town Law requires that the Town Board cause detailed plans, specifications and estimates to be prepared, NOW, THEREFORE, BE IT RESOLVED that an architect be retained to prepare detailed plans, specifications and estimates for the aforesaid building upon such terms as shall be approved by this Board. 3.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Counci man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that this Special' Town Board Meeting be adiourned at 11:45 A.M. Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-' man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. EXECUTIVE SESSION The Town Board members met in Executive Session at 11:55 A.M. to discuss personnel problems. Executive Session adjourned at 12:05 P.M. ~" '"]iudith T. Terry ~' Southold Town Clerk