HomeMy WebLinkAboutTB-12/12/2000GENERAL MEETING
A Regular Meeting of the Southold Town Board was held on December 12, 2000, at the
Southold Town Hall, Southold, New York. Supervisor Cochran opened the meeting at 7:30 P.M.,
with the Pledge of Allegiance led by Town Clerk Elizabeth Neville.
Present:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: May I have a motion to approve the audit of bills for December 12,
2000?
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town
bills in the amount of $132,061.89; General Fund Part Town bills in the amount of $18,535.08;
Highway Fund Whole Fund bills in the amount of $8,774.28; Highway Fund Part Town bills in the
amount of $27,537.88; CHIPS (Highway Part Town) bills in the amount of $11,770.00; Capital
Projects Account bills in the amount of $1,500.00; Landfill Cap & Closure bills in the amount of
$23,817.52; Open Space Capital Fund bills in the amount of $7,110.00; Waterway Improvement
Program bills in the amount of $10,000.00; Computer System Upgrade bills in the amount of
$5,755.48; Seaview Trails Capital Fund bills in the amount of $2,300.00; Employee Health Benefit
Plan bills in the amount of $4,708.00; Fishers Island Ferry District bills in the amount of
$47,814.22; Refuse & Garbage District bills in the amount of $22,908.42; Southold Wastewater
District bills in the amount of $11,561.59; Fishers Island Sewer District bills in the amount of
$2,520.50; Southold Agency & Trust bills in the amount of $3,229.84; Fishers Island Ferry District
Agency & Trust bills in the amount of $415.59.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: To set the Town Board Organizational Meeting for January 1, 2001 at
1:00 P.M.
Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Organization Meeting of the Southold Town Board will be held at 1:00 P.M.,
Tuesday, January 2, 2001, at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: To set the next Town Board meeting for Wednesday, January 3, 2001,
at 4:30 P.M.
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the next meeting of the Southold Town Board will be held at 4:30 P.M.,
Wednesday, January 3, 2001, at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
I. REPORTS.
SUPERVISOR COCHRAN: As you know the Town Board receives Reports each month from the
department heads, and their volunteer committees. They are listed on the agenda. If there is
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anything you have a special interest in, or would like to know more about they are on file with the
Town Clerk's Office, and they are public information, so they are available.
1. Southold Town Clerk's Monthly Report for November 2000.
2. Southold Recreation Department Monthly Report for November 2000.
3. Southold Town Animal Shelter Monthly Report for November 2000.
4. Southold Town Justice Evans Monthly Report for November 2000.
5. Southold Town Justice Price's Monthly Court Report for November 2000.
6. Southold Town Justice Bruer's Monthly Court Report for November 2000.
7. Southold Town's Program for the Disabled for November 2000.
8. Southold Town Trustees' Monthly Report for November 2000.
9. APA Partners Claims Experience Report for November 200.
ii. PUBLIC NOTICES.
SUPERVISOR COCHRAN: Public Notices, we have one from U.S. Corp of Engineers in relation
to dredge maintenance in James Creek, Great Peconic Bay. We also have one from the DEC,
Complete Application to subdivide a parcel on Oregon Road in Cutchogue. Written comments by
January 5th, 2000.
1. U.S. Army Corps of Engineers, New York District, Notice of application of Village
Marine to dredge with ten year maintenance and upland disposal in James Creek, Great
Peconic Bay, Mattituck, Town of Southold. Written comments by January 5, 2001.
2. New York State DEC Notice of Complete Application of Robert Schreiber to subdivide
a 45.40 acre parcel into four residential lost at 6175 Oregon Road, Cutchogue, Town of
Southold. Written comments by January 5, 2001.
iii. COMMUNICATIONS.
SUPERVISOR COCHRAN: Communications, we have had letters from Frances Deegan and many,
many more of the neighbors and the people in the area in relation to support of the acquisition of the
McGunnigle property in Mattituck. We had letter of thank you from the United States Department
Commerce in relation to the Census Bureau, a thank you for making the census a success, and also
we have two certificates, which will flame and hang up probably in the front hall. Also, we have a
letter from Peter Schembri who compliments the Building Department for the job that they are
doing.
1. Francis Deegan in support of acquisition of McGunnigle property in Mattituck, which was
one of many letters from the neighbors in the area.
2. U.S. Department of Commerce, U.S. Census Bureau with thanks for making Census 2000
a success.
3. Peter Schembri in regard to fine work of the Building Department.
IV. PUBLIC HEARINGS
1. 8:00 P.M., on a proposed "Local Law in Relation to Adding a Yield Sign at Wood End
Way, Southold".
V. RESOLUTIONS.
SUPERVISOR COCHRAN: The Town Board has a policy that prior to the resolutions being acted
upon we invite anyone to speak in relation to resolutions. At the conclusion, and we do have a
hearing tonight at 8:00 o'clock, so I will be stopping fro the hearing no matter where we are in the
agenda. At the end of the meeting there is designated time that anyone may address the Town Board
on any Town Board business. So, at this time I would ask, is there anyone that would like to address
the Town Board in relation to any of the printed resolutions on your agenda? (No response.) If not,
we will begin the action.
#1 Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts the following 2001
Community Development Block Grant Budget and authorizes and directs Supervisor Jean W.
Cochran to sign the Project Description forms for the same:
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Housing Rehabilitation
Perry Day Care Center
North Fork Early Learning Center
Water Main Extension
Rental Rehabilitation
Admin.
Housing Counseling
Family Self-Sufficiency Program
Mattituck Community Playground
TOTAL
$40,000.
$ 7,500.
$ 7,500.
$37,500.
$20,000.
$15,000.
$ 6,000.
$ 2,000.
$12,500.
$148,000.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#2
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
WHEREAS, the Town Board of the Town of Southold has established a standard workday for
elected and appointed officials to meet the accounting requirements of the New York State
Employees' Retirement System for calculation of retirement benefits; and
WHEREAS, the Town Board of the Town of Southold has reviewed a revised sample record of
official activities for the Receiver of Taxes and has determined that said sample is reasonable; now
therefore be it
RESOLVED that the Town Board of the Town of Southold hereby establishes the number of days
worked to be reported to the New York State Employees' Retirement System for the Receiver of
Taxes, as follows, effective immediately:
For the period August through November 9 days per pay (from 6)
For the period December through July 10 days per pay (no change)
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#3
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby designates the North Fork Bank
as the depository for the Tax Receiver's Accounts for the year 2000-2001, with collateral for cash
balance in the amount of $20,000,000.00.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#4
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2000 budget as follows:
TO:
Revenues
A.2410.10
Appropriations
A. 1620.2.500.200
A. 1620.2.500.300
A. 1620.2.500.375
A. 1620.2.500.700
A. 1620.4.100.100
A. 1620.4.100.200
A. 1620.4.100.300
A. 1620.4.100.550
A. 1620.4.100.650
A. 1620.4.200.100
A. 1620.4.200.200
A. 1620.4.400.700
A. 1620.4.600.100
Other Rentals
Vacuum Equipment
Sound System
Boat Ramp Improvements
Yard Maintenance Equipment
Miscellaneous Supplies
Gasoline & Oil
Janitorial Supplies
Equipment Parts/Supplies
Vehicle Maintenance & Repairs
Telephone
Light & Power
Building Rentals
Property Taxes
$5,080.00
$100.00
25.00
700.00
1,400.00
3,500.00
2,000.00
1,000.00
750.00
2,500.00
15,000.00
18,000.00
4,800.00
5,080.00
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FROM:
A. 1620.2.300.200
A. 1620.2.300.300
A. 1620.2.500.350
A. 1620.4.400.100
A. 1620.4.400.300
Trucks
Trailers
Beach Improvements
Building Maintenance/Repairs
Beach Nourishment
3,500.00
800.00
5,550.00
24,925.00
15,000.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#5
Moved by Councilman Murphy, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Cochran to execute a contract with Old National Bank - Jasper for the rental of E911
Eventide Digital Voice Recording System for use by the Southold Town Police Department.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#6
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Public
Safety Dispatchers James Fogarty, Bryan Weingart, and Holly Weingart to attend EMD Emergency
Medical Dispatcher Classes commencing on January 12, 2000 through January 14, 2000, at the
West Babylon Fire Department Headquarters sponsored by the Babylon Central Fire District.
Expenses for Registration in the amount of $275.00 per attendee if paid 10 days prior, if less than
10 days $320.00, shall be a legal charge to the Police Department training 2001 budget.
Transportation will be by police vehicle.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#7
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2000 budget as follows:
TO:
Revenues
A.2210.35
Appropriations
A.3020.2.200.700
Services Other Governments
PSAP Grant
$90,000.00
Public Safety Communications
Equipment & Capital Outlay
Communication Equipment $90,000.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#8
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part
Town 2000 budget as follows:
To:
Safety Inspection Fees
Peconic Landing $ 2,000.00
B.1560.10
From:
B.3620.4.500.500
Building Department
Fee for Services, Non-employee
Site Inspections $ 2,000.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
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#9
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby hires Robert J. Eves as a part-
time Minibus Driver for the Human Resource Center, at the rate of $8.11 per hour, effective
December 13, 2000.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#10
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby approves a budget modification
to the General Fund Whole Town 2000 budget as follows:
From:
A. 7180.4.100.100 Lifeguard Supplies $100.00
To
A 7020.4.400.600 Equipment Maintenance $100.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#11
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2%
Community Preservation Fund) of the Town Code the Town Board of the Town of Southold hereby
sets Wednesday, January 3, 2001 at 5:00 p.m.~ Southold Town Hall, 53095 Main Road, Southold,
New York as the time and place for a public hearing for the purchase of development rights of
agricultural lands under for a certain parcel of property owned by John and Sandra Scott.
Said property is identified as SCTM #1000-102-2-23, the development rights easement
comprises approximately 22 acres of the 45-acre farm. The exact area of the development rights
easement is to be determined by a town provided survey, acceptable to the Land Preservation
Committee prior to the contract closing. The purchase price is $10,000.00 (ten thousand dollars) per
acre. Said property to be purchased either outright by the Town of Southold, or acquired under the
Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an
amount equal to 50% of the total cost of acquisition; or under the Suffolk County Greenways
Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of
acquisition.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#12
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2%
Community Preservation Fund) of the Town Code the Town Board of the Town of Southold hereby
sets Wednesday, January 3, 2001 at 5:02 p.m., Southold Town Hall, 53095 Main Road, Southold,
New York as the time and place for a public hearing for the purchase of development rights of
agricultural lands for a certain parcel of property owned by George and John Starkie. Said property
is identified as SCTM #1000- 96-3-2.
The development rights easement comprises approximately 16.9 acres of the 18.5-acre farm.
The exact area of the development rights easement is to be determined by a town provided survey,
acceptable to the Land Preservation Committee prior to the contract closing. The purchase price is
$9,400.00 (nine thousand four hundred dollars) per acre. Said property to be purchased either
outright by the Town of Southold, or acquired under the Suffolk County Preservation Partnership
Program whereby Suffolk County may appropriate an amount equal to 50% of the total cost of
acquisition; or under the Suffolk County Greenways Program whereby Suffolk County may
appropriate an amount up to 70% of the total cost of acquisition.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
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#13
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Solid Waste
Management District 2000 budget as follows:
TO:
Workers Compensation $ 2,600.00
Transfers to Capital Fund 2,500.00
SR.9040.8.000.000
SR.9901.9.000.000
FROM:
SR.9901.9.000.000
Transfers to Health Plan $ 5, 100.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#14
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund
Whole Town 2000 budget as follows:
TO:
Appropriations:
DA.9055.8.000.000 Employee Benefit Fund $1,280.00
Revenues:
DA.9901.9.000.000 Transfers to Health Plan $1,280.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#15
Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2000 Wastewater
Disposal District budget as follows:
TO:
S S 1.9040.8.000.000 Workers Compensation $ 500.00
FROM:
S S 1.9901.9.000.000 Transfers to Health Plan $ 500.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#16
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2000 budget as follows:
TO:
Interfund Transfers
Transfers to Health Plan
A.9901.9.000.000
FROM:
A.9015.8.000.000
$ 41,000.00
Police & Fire Retirement
Employee Benefits $ 41,000.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#17
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the creation of a full-
time Senior Justice Court Clerk position and earmarks the current Senior Justice Court Clerk
position, held by Barbara Andrade, to be changed to Justice Court Clerk only if and when that
position should become vacant; and be it
FURTHER RESOLVED that only if the occupant of the newly created Sr. Justice Court Clerk
position vacates this position prior to that held by Sr. Justice Court Clerk Barbara Andrade it is
understood that this newly created position will then be earmarked for a Justice Court Clerk, subject
12/12/00 7
to the structure of the Southold Town Justice Court Office remaining as is and the approval of the
Suffolk County Department of Civil Service.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#18
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to John
Cushman, Town Comptroller, Janice Smither, Account Clerk, and Linda Scarpinella Personnel
Assistant to attend the New York Class Participant Meeting and Holiday Luncheon on Tuesday,
December 5, 2000 at The Mansion at St. John's University at Oakdale, N.Y. Transportation shall
be by Town vehicle.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#19
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2000 budget as follows:
TO:
Other Employee Benefits,
Sick Leave Buyout $1,250.00
A.9089.8.000.100
FROM:
A.9901.9.000.000
Interfund Transfers,
Transfers to Health Plan $1,250.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#2O
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part
Town 2000 budget as follows:
TO:
B.9089.8.00.100
Other Employee Benefits,
Sick Leave Buyout
$ 3,124.00
FROM:
B.9901.9.000.000 Interfund Transfers,
Transfers to Health Plan $ 3,124.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#21
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund
Whole Town 2000 budget as follows:
TO:
Other Employee Benefits,
Sick Leave Buyout $ 3,124.00
DA.9089.8.000.100
FROM:
DA.9901.9.000.000
Interfund Transfers,
Transfers to Health Plan $ 3,124.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#22
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Moved by Justice Evans, seconded by Councilman Romanelli, it was
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 12th day of December, 2000 a Local Law entitled "A Local Law in
relation to Parking Of Commercial Vehicles In Residential Districts, Chapter 92, Article VIII,
Vehicles and Traffic, of the Code of the Town of Southold", now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets 5:04 p. m.
Wednesday, January 3,2001, as the time and place for a public hearing on this Local Law which
reads as follows:
LOCAL LAW NO. 2000
§ 92-62 PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS
A. Definitions: As used in this section, the following terms shall have the
meanings indicated:
Commercial Vehicle: Every type of motor vehicle driven or used for
commercial purposes on the highways, including
school buses.
B. Prohibitions: The parking of commercial vehicles on residential streets and
residential property is hereby prohibited.
C. Exceptions: The following shall be excepted from the provisions of this section:
(1) Motor vehicles with maximum gross weights of not more than ten
thousand (10,000) pounds;
(2) Commercial vehicles in the process of making local deliveries;
(3) Commercial vehicles owned by public utilities and governmental and
municipal agencies where necessary for the maintenance, repair and
construction of public utility and governmental and municipal services
and facilities.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#23
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 12th day of December, 2000 a Local Law entitled "A Local Law in relation to
Storage And Sale Of Vehicles On Highways, Chapter 92, Article IX, Vehicles and Traffic, of the
Code of the Town of Southold", now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets 5:06 p. m. Wednesday,
January 3,2001, as the time and place for a public hearing on this Local Law which reads as
follows:
LOCAL LAW NO. 2000
§ 92-63 STORAGE AND SALE OF VEHICLES ON HIGHWAYS
A. It is hereby declared to be unlawful to park or display vehicles or
purposes of storage or sale on or within one hundred (100) feet of the
lines of any state or county highway or roadway within the
unincorporated portions of the Town of Southold or within two hundred
fifty (250) feet of any intersection of the aforementioned highways unless
otherwise provided in this Code.
B. Vehicles owned and/or operated by federal, state, county, or town
government or agencies thereof or operated by any other municipality,
including fire districts, shall be exempt from the provisions of this
section.
C. Exception: Nothing contained herein shall prohibit the owner of a motor
vehicle from selling same from the driveway of the owner's single family
residence.
By Order of the Southold Town Board of the Town of Southold, December 12, 2000. Elizabeth A.
Neville, Southold Town Clerk."
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#24
Moved by Councilman Murphy, seconded by Justice Evans, it was
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RESOLVED that the Town Board
Whole Town 2000 budget as follows:
To:
Revenues:
A.2705.30
Appropriations:
of the Town of Southold hereby modifies the General Fund
Gifts & Donations
$1,000.00
A. 8560.4.400.200 Trees & Tree Maintenance $1,000.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#25
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2000 budget as follows:
To:
Senior Services, Contractual Expense
Gasoline 8: Oil
A.6772.4.100.200
From:
A.6772.2.500.700
$1,800.00
Senior Services, Other Equipment,
Kitchen Equipment $1,800.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#26
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modified the General Fund
Whole Town 2000 budget as follows:
To:
A.6772.4.400.700 Senior Services Contractual Expense Building Rental $1,400.00
From:
A.6772.4.200.300 Senior Services Contractual Expense Propane $1,400.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#27
Moved by Justice Evans, seconded by Councilman Romanelli, it was
WHEREAS, Barbara W. Macleod, a member of the Fishers Island Harbor Committee
representing the interests of property owners adjacent to Hay Harbor has resigned, and the
committee recommends appointing Marguerite Purnell to fill the remainder of her term, expiring in
May 2002; now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby appoints Marguerite
Purnell to the Fishers Island Harbor Committee to fill the vacancy created by the resignation of
Barbara Macleod to serve the balance of her unexpired term of office expiring in May 2002.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#28
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town
Engineer James A. Richter and Ruthanne Woodhull, Assistant to Supervisor to attend the New York
Association of Towns Meeting in New York City on February 18, 19, 20 & 21, 2000.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#29
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
12/12/00 10
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Jean W. Cochran to execute an agreement with Holzmacher, McLendon, and
McMurrell, P.C. Associates Inc. for engineering services for the reconstruction of the Brushes
Creek Bridge, all in accordance with the approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#3O
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the extension of the
subdivision performance bond for the completion of roads and drainage improvements in the
subdivision known as Summit Estates, Section I at East Marion for a six month period of time to
expire on June 7, 2001, as recommended by the Town Engineer and Superintendent of Highways,
subject to the approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#31
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby hires Alfred R. Grebe, Jr., aka
Dick Grebe as a part-time Labor Crew Leader for the Highway Department on Fishers Island at a
salary of $7,896.00 per annum, as per the recommendation of the Superintendent of Highways,
Raymond L. Jacobs, effective December 21, 2000.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#32
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Jean W. Cochran to execute an agreement between the County of Suffolk, acting
through its duly constituted Office of the County Executive STOP DWI Program and the Town of
Southold for the 2001 STOP-DWI Funding for enforcement activities of the Town of Southold
police personnel, effective January 1,2001 through December 31,2001, at a total contract amount
not to exceed $19,000.00; all in accordance with the approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#33
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Cochran
to execute an agreement with the New York State Police for the NYSP1N workstation upgrade
purchase for the Southold Town Police Department.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#34
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Cochran
to execute an agreement with the Suffolk County Water Authority for the purpose of constructing
and acquiring water mains to serve an area of County Route 48 in the vicinity of the Cutchogue
landfill.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#35
Moved by Justice Evans, seconded by Councilman Richter, it was
12/12/00 11
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Care
Environmental Corp., Landing, New Jersey, for the Removal and Disposal of Household Hazardous
Wastes from the Southold Town Collection Center for the Calendar Year 2001, all in accordance
with bid specifications and the approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#36
Moved by Councilman Murphy, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Gershow
Recycling Corp. to pay the Town of Southold $26.26 per ton (removal by contractor) and $36.51
per ton (delivered to contractor) for the Removal or Acceptance of all Scrap Metal from the
Southold Town Disposal Area for the period December 1, 2000 through November 30, 2001, all in
accordance with bid specifications and the approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#37
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Meridian,
Inc. for the removal of scrap tires from the Landfill for the 2001 calendar year, all in accordance
with bid specifications, and the approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#38
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2000 budget as follows:
TO:
Revenues:
A.2210.70 Services, Other Government $850.00
County Interpreter Reimbursement
Appropriations:
A. 1110.4.500.300 Interpreters, Justices Contractual Service $850.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#39
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole 2000 Budget as follows:
To:
A. 1110.4.500.200 Justices, Contractual Services $410.00
Court Reporters
From:
A. 1110.1.200.100 Part-time employees regular earnings $410.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#4O
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2000 Budget as follows:
To:
A. 1110.4.600.300 Justices, Contractual Expense, Misc. $1,000.00
Travel Reimbursement
12/12/00 12
From:
A. 1110.4.600.600
Fishers Island Justice
Justices, Contractual Expense, Misc. $120.00
Dues & Subscriptions
A. 1110.4.200.100 Justices, Personal Services $880.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#41
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
Arshamomaque Dairy in the amount of $. 18 per half pint to supply milk to the Southold Town
Nutrition Center for the 2001 calendar year.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#42
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Police 2000
budget as follows:
To:
A. 3120.4.100.900 Miscellaneous Supplies $7,500.00
From:
A.3120.2.500.200 Video Camera $7,500.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#43
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Donald Wilcenski from the Southold Town Tree Committee effective immediately.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#44
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town
Clerk Elizabeth Neville to advertise for Tree Committee Members.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#45
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby hires Laura DeMaria as part-
time Minibus Driver at the Southold Town Human Resource Center at a salary of $8.11 per hour,
effective December 26, 2000.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#46
Moved by Councilman Murphy, seconded by Councilman Moore, it was
, WHEREAS pursuant to their performance under the terms of its contract agreement with
the Town of Southold to provide the Town with landfill closure engineering and oversight services,
it has become necessary for Dvirka and Bartilucci Consulting Engineers to conduct activities not
described in the original contract tasks; and
WHEREAS more such activities may need to be conducted in the future; and
12/12/00 13
WHEREAS the work of Town Forces has required less oversight than expected and the
work on design specifications may exceed expectations, therefore be it,
RESOLVED that the Town Board of the Town of Southold hereby amends the landfill
closure engineering and construction oversight services Agreement between Dvirka and Bartilucci
Consulting Engineers and the Town of Southold to establish an "Additional Services" task item and
to cap such task item at a monetary level of $50,000, and be it further
RESOLVED that the Agreement be adjusted to lower the "Interim Inspection
Services" task limit by $6,000 and to raise the "Plans and Specifications" task limit by $6,000
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#47
Moved by Justice Evans, seconded by Councilman Richter, it was
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 28th day of November, 2000 a Local Law entitled, "A Local Law in
Relation to adding a yield sign at Wood End Way, Southold", by amending the Code of the Town of
Southold, Chapter 92, Vehicles and Traffic; and
WHEREAS, a public hearing was held on this Local Law on the 12th day of December,
2000 at which time all interested persons were given an opportunity to be heard, thereon, now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the following
Local Law:
LOCAL LAW NO. 44 2000
I. Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southold is hereby
amended as follows:
1. Article III, Section 92-32 (Yield Intersections) is hereby amended
by adding the following:
Yield Sign on Direction of Travel At Intersection with Location (hamlet)
Wood End Way North Park Way Southold
II. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall
be Judged invalid or held unconstitutional by any court of competent Jurisdiction, any Judgment
made thereby shall not affect the validity of this law as a whole or any part thereof other than the
part or provision so adjudged to be invalid or unconstitutional.
III. This Local Law shall take effect immediately upon filing with the Secretary of State.
· Underline represents additions
· Strikethrough represents deletions.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: That is the end of our prepared resolutions. We have six minutes
before I open a hearing on yield sign at the end of Wood End Way. We can not by law start the
hearing before the scheduled time of 8:00 P.M. Rather than get the audience input I would ask the
Board if there is anything they would like to report at this time? Any committees, that you are
working on, anything in the world of preservation?
COUNCILMAN MURPHY: Actually, yes, we have had in the past two weeks we have had three
more applications for purchase for development rights from local landowners, and we are presently
working on those. As you see even by the resolutions tonight we are moving along quite rapidly on
some of the others, so the program is working rather well at this point, and we hope to continue with
our outreach with our new Land Preservation Coordinator to keep this going in quite an active
fashion.
SUPERVISOR COCHRAN: Very good, thank you. Craig, do you have anything you would like to
share?
COUNCILMAN RICHTER: Town Hall expansion and renovation, we are working on contracts
right at this time, so nothing else.
SUPERVISOR COCHRAN: John?
12/12/00 14
COUNCILMAN ROMANELLI: Not at this moment.
SUPERVISOR COCHRAN: Louisa, anything happening on Fishers Island?
JUSTICE EVANS: We got rid of eleven more junk cars thanks to having Eddie Cappabianca come
over. I think he is there today actually. There are more cars there.
SUPERVISOR COCHRAN: Do you really think you have that many to get? When you live on an
island, and you have junk cars it is not easy trying to move them out. People just kind of seem to
park them by the Ferry District, or just leave them.
JUSTICE EVANS: But this time we did it without helicopters. The last time they had the Army
come over and left them off by helicopter from the island. It was exercise for them, and a help to the
island.
SUPERVISOR COCHRAN: William?
COUNCILMAN MOORE: We passed a resolution tonight, #34, and we also did a resolution #1 and
#2 to find the money, and that is to do the water main project around the landfill. That was going to
be a Spring project, and I got a phone call last week from Mike LoGrande, who is head of the Water
Authority. He said to me, we can do it now, and so I want to thank Jim McMahon, and our Town
Attorney, and our Assistant Town Attorney. They all picked up the pace, and I said, we got to do it.
So they are pushing the ball down the court very fast, and we may find water up there much, much
sooner than we expected, so keep your fingers crossed. Details are coming, but I am happy to see
we are moving forward thanks to all those folks for their work.
SUPERVISOR COCHRAN: That's good. On the lighter side I would like to share with you that
Town Hall, the different departments of people have adopted an angel through the Salvation Army
Program, and it is kind of exciting because people are bringing in baby clothes where they haven't
purchased baby clothes in years, and it is fun. My grandchildren are all raised, and I have no little
ones anymore to buy for, so it is fun to be able to shop for young people. Everyone is really
cooperating, and we are going to on the 19th when the Salvation Army picks up everybody will be
here, and hopefully the press will take a picture, because it will be exciting, the bicycles, and
scooters, and everything that we have purchased for the kids. I have about one minute. Things are
busy. There is a lot of work going on. Our Waterfront Revitalization Plan is finally jelling, coming
to a conclusion hopefully in the near future. So things are moving along very well. Eight o'clock, I
would like to recess for a public hearing.
Moved by Councilman Murphy, seconded by Councilman Moore, it was
RESOLVED that this Town Board meeting be and hereby is recessed at 8:00 P.M.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Meeting reconvened at 8:05 P.M.
SUPERVISOR COCHRAN: We will go to #48.
Moved by Justice Evans, seconded by Councilman Murphy, it was
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 28th day of November, 2000 a Local Law entitled, "A Local Law in
Relation to adding a yield sign at Wood End Way, Southold", by amending the Code of the Town of
Southold, Chapter 92, Vehicles and Traffic; and
WHEREAS, a public hearing was held on this Local Law on the 12th day of December,
2000 at which time all interested persons were given an opportunity to be heard, thereon, now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the following
Local Law:
LOCAL LAW NO. 44 2000
II. Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southold is hereby
amended as follows:
1. Article III, Section 92-32 (Yield Intersections) is hereby amended
12/12/00 15
by adding the following:
Yield Sign on Direction of Travel At Intersection with Location (hamlet)
Wood End Way North Park Way Southold
TT. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall
be Judged invalid or held unconstitutional by any court of competent Jurisdiction, any Judgment
made thereby shall not affect the validity of this law as a whole or any part thereof other than the
part or provision so adjudged to be invalid or unconstitutional.
TTT. This Local Law shall take effect immediately upon filing with the Secretary of State.
· Underline represents additions
· Strikethrough represents deletions.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: One other thing that T would just like to reinforce is that the Town
Board has been talking, and we would like to see the 7:30 meeting moved to 7:00 o'clock, so after
the first of the year we will probably be holding the 7:30 meeting at 7:00, the 4:30 meeting in the
afternoon on alternate Tuesdays will stay as 4:30. At this time, ! would like to ask from the public if
there is anyone that would like to address the Town Board on any given topic that is Town Board
business?
ANNA COSIMANO: My name is Anna Cosimano. ! am a resident of Southold, and President of
the North Fork Animal Welfare League. At the last Town Hall meeting there were issues that were
brought to the public's attention. ! would like to answer those issues tonight to set the record
straight. We, the League, had our first committee meeting on November 27, the day before the last
Town Hall meeting, which was in my opinion a waste of time. Nothing was resolved. We went over
the same ten reasons why we needed a new facility. That was all that was discussed. In answer to
Mr. Murphy's reply, the Town was tired of waiting for us to put up a new shelter, in Spring of 1998,
they the Town, together with the Highway Department, the Police Department, came down to the
shelter to figure out where the new facility would be built. They decided to put the new facility 100
feet in back of the already existing shelter together with the land it is already on. Well, Mr. Murphy,
the Town only had to wait three years since it was only in the contract since 1995. The League has
been waiting fifteen years for the town to build another facility, which ! might add is their
responsibility. ! can't understand why the Board of Directors prior to our Board of Directors would
want to put that in a contract unless they trusted the Town like we did when we first took over the
League in December 1996. As for Mr. Richter the Town Board has always had a copy of our entire
financial assets. Our assets are public information, and we are even on the Tnternet. Those of you
who would like to see you can get all the information on www.guidestar.org. ! might add that we
were the only Board of Directors, who ever gave the Town a complete financial report. If Mr.
Richter was trying to make it look like we were hiding anything ! think he better do some more
homework. We also think he should look up another private organization and see what their assets
are. Ours compared to theirs is nothing? ! am starting to see this picture very clear now, and my
impression is the Town had it all figured out from the beginning that we would put half the money
up, and they would put the half up. ! am going to start from the beginning, when we the Board of
Directors took over the North Fork Animal Welfare League in December 1996. We were very na'~ve
and trusting when it came to Town contracts and anything else associated with the Town. We had
no knowledge of what running a shelter entailed, but we went forth to clean it up, have fundraisers,
and even increased our membership. Have we made mistakes in the past? Yes. Have we learned
from our mistakes? Yes. Unfortunately too late, but nevertheless we learned. Signing contracts was
also new to us. When ! signed the first contract with the Town ! was assured that the only thing that
was changed were the monetary figures. My inattention to details proved to be costly to the League
in this fight. This will never happen again. As ! said, we were naive and trusting. ! thought we had
by obligation to continue to do what other Board of Directors have done in the past. To make a long
story short, in November 1998, when the Town was not going to give an increase for the next year,
! asked for a Work Session with the Town. Jean was very adamant in telling us they had no money
for us, and in the same breath asked if we were still going to build a shelter? My reply was,
absolutely not, the Town Board can't be trusted. ! got up and walked out. After going to Town Hall
meetings that following month Jean called me, and told me she found $3,000 for us, which was
already in the budget. Why is it we always have to fight the Town on anything we ask for? We
never ask for more than what we need. It took me two years to see how politicians work, and as Ms.
Boyce stated at the last Town Hall meeting, the past Town Boards couldn't be trusted. ! guess
nothing has changed. Taking care of animals is not a big enough feather in their hats. Mr. Romanelli
12/12/00 16
stated that it was my plan from houndsquarters. The only thing we did was introduce the Town to
architects, who build only animals shelters. Jean like the pictures we showed her, and she then in
turn had the Town Engineer, James Richter, work together with the architect. When the Town
Engineer was finished with the site plan we showed it to Jean and John, together with James
Richter, the Town Engineer. Jean then asked how they, the Town, were going to get that kind of
money, when nonchalantly John said they would get a bond. That was in May or June of this year. I
called Jean four times, and she never got back to me. I saw John at Town Hall one day, and told
him, I smell a rat, and not to call our bluff this time. I also told Craig Richter four times the same
thing. We never heard anything from any of them until we saw the budget in the paper. The bottom
line is, in my opinion, the Town has had this all planned from the beginning, that the League would
go half with them on a shelter. Just one question, Greg, when we had the work session, the good
faith work committee, why didn't you bring this up then? Why had nobody brought this up before?
COUNCILMAN RICHTER: Why would I need to bring it then? It is on public information. It is on
the Internet. ! just stated a fact. Was ! right, or was ! wrong?
ANNA COSIMANO: I don't know the correct amount. You are probably right.
COUNCILMAN RICHTER: Oh, I know I am right.
ANNA COSIMANO: Well, fine. I would like to know what the plus is, the $521,000 plus?
COUNCILMAN RICHTER: Plus dollars.
ANNA COSIMANO: Plus what?
COUNCILMAN RICHTER: I don't know exactly. It is over $521,000.
ANNA COSIMANO: I don't know exactly either. As President of the North Fork Animal Welfare
League it would be fiscally irresponsible for me or any other Board of Directors to even consider
giving any part of the endowment to a government facility. It would not be possible for the North
Fork Animal Welfare League to do so, as we count on the interest of that money, together with
donations and fundraisers to help defray our tremendous expenses each month. With the holidays
approaching ! am sure any progress on this issue will be slowed down. ! would like to assure the
public the League will continue to care for the needy animals of Southold for as long as they need
our care. The primary mission of the League is to provide humane care and treatment for all the
animals needing protection in our community. The League has not intention of abandoning this
mission. We are simply asking the Town of Southold to do their part. Thank you.
SUPERVISOR COCHRAN: Ann, if I may? Four phone calls you said you made to me, that I did
not respond.
ANNA COSIMANO: Exactly. ! left my home phone number for you to call me in the evening with
your secretary.
SUPERVISOR COCHRAN: Anyone in this room can come in to our office, every call that comes
in, every letter that comes in is recorded, and we know exactly who has called and when, and
anyone is free to come.
ANNA COSIMANO: So I guess I am a liar again?
SUPERVISOR COCHRAN: No, if you called me, ! always return my calls.
ANNA COSIMANO: I called you four times.
SUPERVISOR COCHRAN: ! don't think so. Number two, Anna, when you quote the newspaper
about patronage jobs, what are they?
ANNA COSIMANO: I have no idea.
SUPERVISOR COCHRAN: Neither do I. You cannot make statements that are not true. Okay?
There are no patronage jobs. All your jobs go through Civil Service. People have to take a test. We
12/12/00 17
have a Union. This isn't just things you can do. Everyone is Town Hall wants to apply. They say,
where are these jobs, we'll apply? This year in the Budget, ! don't know what this $3,000 is, but this
year in the Budget ! put $50,000, and ! told you that, and that was for the purpose of..you were
scanning the Internet looking for plans for, am ! right?
ANNA COSIMAN0: Yes.
SUPERVISOR COCHRAN: And ! told you we had $50,000 there in engineering so we could get a
cost estimate. We don't know. No promises were made. ! would not promise a new shelter without
knowing the cost. Fifty thousand, rather than spend that ! asked Jamie to come over. We met with
Jamie. We reviewed the plans, and so on, and so forth. ! just don't know where all this is coming
from.
ANNA COSIMANO: Okay, first off, you don't have to go with whatever architect we got your
attention to go with. Okay? It is your prerogative because it is your shelter on your land. We just
thought we would get the ball rolling by introducing you to an architect, who builds only animal
shelters. Period. Nobody said you had to spend that kind of money. Jamie drew up the plans,
showed you what it was going to cost. You in turn turned around and said, where are we going to
get the money? John said, we will take a bond. You don't recall that either, do you?
COUNCILMAN ROMANELLI: We talked about if we spent money it would be bond money,
when you budget the Capital Budget.
SUPERVISOR COCHRAN: Jean didn't.
ANNA COSIMANO: Again, I wasn't alone, so as far as I am concerned, Jean, do what you want.
You have plenty of time. Do it.
SUPERVISOR COCHRAN: That is about the size of it. We have offered.
ANNA COSIMANO: Fine. Just get it done.
SUPERVISOR COCHRAN: We can hold the League to the contract.
ANNA COSIMANO: That is fine, too.
SUPERVISOR COCHRAN: What we would like to see is a matching of funds, but I guess that is
not going to happen, or we can continue the committee working to try to upgrade as much as we can
for $250,000.
ANNA COSIMAN0: Jean, it is your shelter. Do what you want.
SUPERVISOR COCHRAN: You got it. Thank you. Anyone else want to address the Board?
SALLY STERN: Hi. My name is Sally Stern. I am a resident of Southold. I am very disturbed at
the meeting. It is so adversarial. ! am watching you, and this is not the way ! believe a Town Board
should be conducting itself. ! am not taking sides in this, however ! would like each and every one
of you to spend one day in that shelter, the conditions those animals have to live through. You are
the landlords. You are right. Just like the landlords in New York City have to spend time in the
tenements that they house their people in, but ! am not taking sides. The legacy that you are giving
to this town is inhumane and uncalled for. You are not trying to compromise. You are trying to be
an adversarial warlike people, and ! am fed up with it. If we must march on you with pitchforks, and
torches, we will. This town, these people, do not have to take your inhumanity, each and every one
of you. Now, ! am sorry Mr. Richter. ! misunderstood. ! am to believe that a meeting was conducted
one day, and the next day something appeared in the paper about the funds that the Welfare League
had?
COUNCILMAN RICHTER: I think you are misled on that.
SALLY STERN: Okay, ! wanted to make sure that there was nothing underhanded done on this.
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COUNCILMAN RICHTER: I got to tell you, I don't do anything underhanded. I was elected to a
position to do the best I can for the residents of the Town of Southold, and everything that I have
researched tells me that what we are doing is what we are supposed to be doing. The North Fork
Animal Welfare League is a great organization (tape change) Contract right here, and what it states
in this contract is what we have been saying all along. I don't understand where that is not true. I
just don't understand it. Then when I hear accusations about my integrity, that does bother me a
little bit. When I hear statements in the paper that we have a Christmas wish with four or five well
compensated patronage job. These are not true. You can't lie. You have to tell the truth. You said at
the last meeting, why are confronting. Stop confrontation. Put all of that in the back, in history. Let's
start from today, move forward, and do the best we can for the animals and the animal shelter in this
town. I don't understand this. This to me, it is mind-boggling. Mind-boggling that we can't go ahead
and get this done.
SALLY STERN: It is mind-boggling to me at each meeting, last time I was here Supervisor
Cochran said we are going to have a meeting to discuss a meeting to discuss a meeting to discuss a
meeting. That is ludicrous. This reminds me of when I taught. We have a meeting to discuss a
meeting to discuss a meeting. Get on the stick, folks. Both sides get on the stick.
COUNCILMAN RICHTER: I agree. Both sides get on the stick, but here are the things that we
have done, and maybe someone else would like to update the things that we have done so far since
that meeting. We are trying to progress. We tried for another meeting. We have not had a callback.
Mr. Yakaboski, have we had a callback from Mr. Arnoffyet?
TOWN ATTORNEY YAKABOSKI: No.
ANNA COSIMANO: I told him not another meeting until we had another town hall meeting. You
are free to have anymore committee meetings you want.
TOWN ATTORNEY YAKABOSKI: We have been moving ahead. We tried to have meetings with
the League. We haven't gotten a callback, and we have gone forward. We have contacted, just so
you folk know, the New York State Department of Ag and Markets is what regulates dog shelters in
New York State, we have been in contact with Joe McGill there. We have also contacted the
inspector who covers our animal shelter. I believe Elewies is his name, and contacted him. We have
the dog control officer and shelter manual. We got that from the State to make sure, there is a
section here, shelter specifications and maintenance. We have been reviewing that. We have that to
the Town Engineer. I have it set with New York Ag and Markets to have a conference call with
myself and Jamie Richter, the Town engineer, to go over these specs, make sure we fully
understand them, as he puts things together. These are things we have been doing since the last
meeting. We have moved forward and done these things.
ANN PHILIPS: Have you been to the shelter?
TOWN ATTORNEY YAKABOSKI: Yes, I have.
ANN PHILIPS: Everybody on the Board has been to the shelter? Could I have a show of hands of
the people that have been there?
COUNCILMAN RICHTER: How many went to the shelter?
ANN PHILLIPS: How many people went to the shelter since the last meeting? Obviously you don't
care.
COUNCILMAN RICHTER: That's not true.
SUPERVISOR COCHRAN: I am not going to go back and forth. Yes, ma'am, would you like to
address the Town Board?
TERESA MCG1NNIS: Good evening. My name is Terese McGinnis, and I am the Vice-President
of the North Animal Welfare. I am here this evening because I would like to basically qualify some
of the erroneous statements made by Mr. Romanelli at the last Town Board meeting. Mr.
Romanelli, at the last Town Board meeting you stated that the Town can not go with just one plan,
one of Anna's plans. Now, Anna Cosimano is a very, very talented woman, as we all know, but
12/12/00 19
Anna Cosimano is not an architect. When we met to sign the contract with the Town, at that time
after that contractual meeting it was James Richter who is the architect in the engineering
department of the Town of Southold, who met with us, and drew up plans, Town plans, for a new
facility. These documents were done by Mr. Richter in April. According to the Town Architect the
cost for this facility would be approximately $500,000. At that time Mr. Romanelli in the presence
of the Town Architect, Mrs. Cochran, Anna Cosimano, Jim Bitses, and myself, Mr. Romanelli then
stated that the Town would have to take a bond. From April to November Mr. Romanelli never
informed anyone at the North Fork Animal Welfare League that the Town was not going to fully
fund the bond, and that is the problem. We were never informed.
COUNCILMAN ROMANELLI: The problem is, like a said last meeting, we can not go by one set
of plans. There has got to be more than one way to find a solution to a problem. There can not be
just one set of architect drawings done by one engineer to have the solution to the problem. That set
of drawings was $485,000.
TERESE MCG1NNIS: There are three plans.
COUNCILMAN ROMANELLI: So, the object was, was to find another solution. There is always
more than one way to come up to an answer to a problem, and that is the jest of it. It is a matter of
not coming with $485,000, and ! believe that Anna just stated, too, that there is other ways to do it,
and that is the approach, and that is where the $250,000 we are hoping goes to, to another form of
solution, another way. You know, again, ! stated like three meeting ago that when you want to build
a house, and the house cost you $500,000 on the first set of plans, what do you do if you don't have
the $500,000? You go back to the architect and you rescale your plans to something that is more
into your budget, more into your pocketbook, something that you can work with, and that is the
approach we are taking. So, again, John Romanelli did not approach the Board. No, John Romanelli
did discuss the Board about $485,000, and we would love to come up with a different solution.
$250,000 was thrown out there to help come up with a solution. Okay? We are looking for other
angles, other ways. Like a said at the last meeting, again ! will repeat again, because everyone else
is repeating themselves again, ! will repeat it again. With $250,000 possibly with the Highway yard
doing some work, our electricians doing some work, we are looking for other solutions. The
comments from this lady over here screaming from the audience, that we are all heartless human
beings, again, there is this crazy notion that we are not caring, but the crazy notion that you all seem
to absorb into you is that we are caring people. That is why the money is there. That is why we were
meeting with Ag and Markets. That is why we were looking at other options besides the one set of
estimates that came from the Town Engineer. That is the process we are trying to do. We are not
turning our back on it. This about the fifth time we are saying this. We are not turning our back. We
are not walking away from these problems. We are not denying that there is problems. We
understanding the problems. The Board understands the situation. That is why we are looking for
different avenues, different ways. ! don't know how else to explain.
TERESE MCG1NNIS: According to the statements, ! can explain this to you, Romanelli. According
to the statements made by your colleague, Mr. Richter, on two occasions at the last Town Board
meeting, Mr. Richter stated that he had no idea of the crisis at the facility. He had no idea that this
was going on. Now, Mr. Richter, you are a freshman on this Town Board. ! submit to you that you
that your colleague, Mr. Romanelli, failed to inform you that there was a crisis. In April we met, ad
we told you of the crisis at the facility. We met with you, Mr. Romanelli, and told you. It was
unconscionable to allow our staff to work under those conditions. Mr. Richter has sat next to you
for eleven months, and he stated unequivocally that he was totally unaware that there was a crisis. !
am saying that you did not inform the members, your colleagues of this board that there was a crisis
at the animal shelter.
COUNCILMAN ROMANELLI: My colleagues of this Board have agreed to keep that money in
the budget, when the budget was done up, because they are aware of the situation.
TERESE MCG1NNIS: Wait a second. Let me just ask you a question. Based on what criteria did
you submit $250,000? Wait a second. According to the Town Architect, Mr. James Richter, the
cost alone without a building, the cost alone without a building was $218,000. $90,000 for
foundations, $16,000 for septic systems, $45,000 for other systems. You add up these costs it comes
to $218,000. Now, what ! am saying is basically that the colleagues and the members of this Board
were not informed as to the crisis by which they could submit for $250,000 bond.
12/12/00 20
TOWN ATTORNEY YAKABOSKI: Terese, I am jumping in. That is a little unfair. Folks, we had
a committee meeting. Terese was there. Anna was there. Barney was there. The point was we over
and addressed the nine issues that the League gave to the town, said, look, these are some issues that
out there, we need to get solved. I disagree at the meetings we are not helpful, because some
additional issues came out besides those nine, so you have your world, and everybody in that room
agreed the goal was to solve those problems, and if the solution happened to cost $100,000 that was
fine. The goal was to solve the problems. What we have done is a sound decision-making process.
You identify the problems. You research the situation, which we have done by going to Ag and
Markets to find what the rules are, what the regulations are guiding dog shelters. We have gone and
looked at the reports that the Ag and Markets Inspectors give to the animal shelter. Those reports
had been satisfactory for the last six years. However, the Town is not standing on those reports. The
Town has listened to the League, and is moving to try to find some solutions to some of the issues,
the issues that were raised out there, and all that is happening. All that is happening at this stage.
Remember this money was for the 2001 Budget. We are moving right now. What has happened is,
and what John and the rest of the Board has been talking about, folks, just like you go and do
anything you say, okay, what are the possible ways and means of trying to solve these problems?
You start brainstorming, and come up with ways of doing it. Terese, the reason I jumped in is the
numbers that you are rattling off was one single particular solution thrown out in the beginning
prior to all of the other steps of the problem process. That is like, okay, I am going to start with this,
and now let me try to back up to get to that solution. That is not how you solve problems. You
identify the problems. You move through the process subsequently, and that at the end you see what
the cost is going to be. That is the only reason I jumped in. My apologies.
TERESE MCGINNIS: May I make a comments? No apology. But, Mr. Yakaboski, I do want to
state to you as you stated on numerous occasions how constructive these meetings are. I would have
to agree with you that they could have been constructive if the Town Board members, including Mr.
Richter, did not have a gag order. I sat at this table in this room with Mr. Richter and Mr.
Romanelli. At that time, on Monday, Mr. Richter never made one question to anything that was
brought up because you kept stating that you want to first identify the problems, and I believe that,
and we believe that, but if Mr. Richter, or Mr. Romanelli, had any questions about the League or it's
assets they should have done so on Monday, and do you know Mr. Richter, it is first time when I
watched the tape from last week that I heard you speak, and I was very happy to hear you speak, but
I think also you had a obligation if you were really sitting down in good faith, that you would have
asked those questions of the Board, and I want to tell you this. Let me just finish. That it would not
have been possible, and I think this is the crux of the problem. There is not a certified pubic
accountant in the United States that would allow a private non-profit organization to give up any of
its trust to a municipal government. That said, that could have been put out on the table if you had
had a question, and we could have moved on. You did not ask that question. You did not ask about
the assets. When the League was not here you brought up these questions in a public forum when
the League could not respond. I think that is irresponsible. You had an obligation when you sat with
the committee to ask any questions, and Mr. Yakaboski that did not take place, and also want to
respond to you. I have letter here.
COUNCILMAN RICHTER: Terese, can I respond to what you just said to me, though? I need to
answer that while it is fresh in everyone's mind here. You just said I didn't ask that question on what
the financial situation was?
TERESE MCG1NNIS: You didn't ask any questions.
COUNCILMAN RICHTER: Of course, we were going through a process, which Greg just
mentioned, going through the process of what is needed at the animal shelter. That thought didn't
even come up at that time.
TERESE MCG1NNIS: It came up the next day at a publicly televised meeting, though, but you
couldn't bring it up in front of the North Fork Animal Welfare League, and we would have advised
you that it was possible.
COUNCILMAN RICHTER: I brought it up here.
TERESE MCG1NNIS: But we were not here to respond. We were not here to respond here. No
member of the North Fork Animal Welfare League was here on that Tuesday evening.
12/12/00 21
COUNCILMAN RICHTER: Mildred, were you here? You didn't say Board of Directors. You just
said a member.
TERESE MCG1NNIS: Okay, the Board of Directors. The Board of Directors have been in
committee meetings with you.
COUNCILMAN RICHTER: It wasn't meant to catch you short.
TERESE MCG1NNIS: We have nothing to be caught short about, Mr. Richter. ! think you had a
obligation if you had any questions to ask at the committee meeting. You had an obligation when
the Board of Directors were there to ask any questions, and we would have been able to respond.
COUNCILMAN RICHTER: ! disagree with you, because you have the opportunity to respond
right now. You had your opportunity to respond in the papers. It is not something that ! was trying
to surprise on you, because ! had talked to some of your members, and asked them if they knew
how much money the North Fork Animal Welfare League had? They all responded, no. When ! told
them they said, ! don't believe that much money. ! said, yes.
TERESE MCG1NNIS: Did you also bring up the fact of the deficit that the North Fork Animal
Welfare League has had to carry? You don't bring up deficits, you bring up assets. Are you aware
of the deficit that the North Fork Animal Welfare League carries in contracting with the Town of
Southold?
COUNCILMAN RICHTER: Yes, ! do, but ! also know what it says right here in this contract. This
is a legal binding contract. The reason the North Fork Animal Welfare League is in existence is to
run the shelter.
TERESE MCG1NNIS: It is not. It is not. It is a private non-profit humane organization, that is not in
existence merely, and solely, and exclusively, ! have stated repeatedly before, that there is not
another humane organization in the State of New York, other than one in Glen Cove that will do
this kind of work. There is none in existence because of the reason that they do not want to deal
with politicians, and if you will excuse me, ! just want to make a response to you, Mr. Yakaboski,
about the Agriculture and Markets, and ! am glad to see Miss Phillips is here this evening. ! have a
letter here from the New York State Department of Agriculture and Markets, Division of Animal
Industry, Albany, New York, from Dr. James Grey, the Assistant Director. This is in response to my
request for clarification of New York State Agriculture and Markets Regulations pertaining to the
care of seized dogs. Part 77 of New York State Rules and Regulations include the standards for the
care of dogs seized under Article seven of the Ag and Markets Law. Section 77 requires that every
dog seized pursuant to Agriculture and Markets Law, or any local law ordinance, or order adopted,
or issued pursuant thereto shall be properly care for, sheltered, fed, watered for the redemption
period provided by said article, and ! will go on to say this. All dog shelters designated as municipal
shelters under Article 7 are inspected on a regular basis for the purposes of enforcing these
regulations. These are considered minimum standards, and there is nothing prohibiting a
municipality from exceeding these requirements. When a satisfactory rating is given to a shelter, it
means minimum standards. It should be further noted, these standards are for the care of seized
dogs only. The Department of Agriculture and Markets does not have any regulations pertaining to
general workplace safety issues with respect to workers at the shelter. So, Miss Phillips when you
said something doesn't jive, exactly you right on, and ! submit the Mr. Yakaboski brought up the Ag
and Markets in an attempt, we are talking Ag and Markets only inspects for dogs. They do not cover
health and safety of workers, and that is what we are talking about, and ! think that it is
reprehensible and unconscionable that there is not a crisis mode on this Board to get a new building
built. We have the best employees, and ! want to say this about Miss Wood and her staff. They are
the most dedicated qualified individuals that ! have ever met, and for every day that they have to go
into that facility, and work under those deplorable conditions is a disgrace to every resident and
taxpayer in the Town of Southold, and ! would like to see this Board fully fund a new facility, and
get into a crisis mode to get this job done. Thank you very much.
TOWN ATTORNEY YAKABOSKI: A couple of things, one, the way ! always talk about
contracts with everybody, and always recommend everybody, even when they are best of friends,
and going into a deal together, put something in writing. What ! tell everybody is, hey, this is the
way to remain friends. Okay? This is how there is no misunderstandings. You put it down. You jot
it down in writing. Everybody takes a look. It is there. Folks, ! ask you, if anyone has a question
12/12/00 22
about the cost of the animal, who is responsible for what, it is all laid out there. It is in the
agreement, so everybody stays friends. It is right down Betty's office, the Town Clerk. Anybody can
take a look. All the costs of operating and maintaining are the responsibility of the League, and
things like that, and the Town has some responsibilities also. It is all right in there. Terese, one
question that comes up, you just mentioned the rules and regulations from the Ag and Markets. That
is a base line standard that is established, right? They establish a base line minimum standard
everybody has to meet.
TERESE MCG1NNIS: Minimum standards for dogs, for dogs, not for staff, not for employees, and
it further states here, the issues of workplace safety it has no regulations with workplace safety
issues and with respect to workers at the shelter.
TOWN ATTORNEY YAKABOSKI: Is the crisis with the employees or the animals down there?
am seeking clarification.
TERESE MCG1NNIS: We are talking about both. When you have employees, the employees are
employed by the North Fork Animal Welfare League. They arrive at the facility at 7:00 A.M. in the
morning. You have cesspools backing up. You have no hot water. You have not ventilation. You
very often have no heat, and ! think those are deplorable, disgraceful conditions. Let me just finish.
TOWN ATTORNEY YAKABOSKI: Then I would implore the folks of the North Fork Animal
Welfare League, then we have been moving forward, come and help us move forward. Folks, we
found out what the baseline regs are. We have done these things. We have looked at all this. We
have folks working on trying to develop solutions. We are trying to meet with the League to get
further input.
TERESE MCG1NNIS: But, Mr. Yakaboski, you keep bringing up the Agriculture and Markets
satisfactory.
TOWN ATTORNEY YAKABOSKI: What else should ! bring up?
TERESE MCG1NNIS: Wait a second. That satisfactory pertains only to dogs. It does not pertain to
the health and safety of workers. The North Fork Animal Welfare League has an obligation has an
obligation to its employees to provide a safe and healthy workplace. There are two issues here, and
when ! hear politicians talking about we really like animals, that is not the issue, liking animals. The
issue is accountability and integrity. The Southold Town Board has got to fully fund a new facility
for the North Fork Animal Welfare League to continue its work. It is deplorable, disgraceful
conditions to every resident and taxpayer, and let me say this. Gillian Wood and the staff are the
ambassadors for the town of Southold. They interact with more individuals who come outside this
community into this community, and they are the best in this business. They want to continue doing
this work, but is not fair. It is unreasonable, and it is not fair for you not to be in a crisis mode to get
a new building fully funded, and we would have gladly responded to any member of this Board
when they asked about the trust, or when they asked about funding. It not be possible for any
member, any member of the Board to use those funds, trusts, and assets, into a government
building. It would not be possible, so ! think from the beginning if we all sat down, and Mr. Richter
would have brought up his concerns we could have addressed them. ! think there is very serious
issues here, and Mr. Yakaboski when you talk about Ag and Markets, please, state, and as Mrs.
Phillips spoke eloquently the other day, and obviously you have a background in health, or
whatever you do have. We are talking about dangerous, hazardous conditions for the workers, who
are employed by the North Fork Animal Welfare League, and ! don't think that is fair, and this is
what this issue is all about. This about ....
TOWN ATTORNEY YAKABOSKI: Terese, ! am just trying to clarify this. When we started we
went through this time and time again.
TERESE MCG1NNIS: You put up Ag and Markets as if it was satisfactory. It is only satisfactory
for dogs. They do not set, they do not set the standards for workers. They only set the standards for
dogs.
TOWN ATTORNEY YAKABOSKI: whose responsibility is it under the contract to operate and
maintain the facility? Whose responsibility?
12/12/00 23
TERESE MCG1NNIS: The facility is owned by Town of Southold.
TOWN ATTORNEY YAKABOSKI: whose responsibility under the contract is it to operate and
maintain the facility?
TERESE MCGINNIS: Under the contract it is two to maintain the facility, the town to operate and
maintain. It is two parties to operate and maintain.
TOWN ATTORNEY YAKABOSKI: I could quote it, if you would like me to.
TERESE MCG1NNIS: Go right ahead.
TOWN ATTORNEY YAKABOSKI: Sure, ! shall. The League duties, it is paragraph two, one of
the duties, there is a list, is to operate and maintain at it's own expenses the Town Animal Shelter.
TERESE MCG1NNIS: And also if you look under Ag and Markets, you have the book there,
Agriculture and Markets, it is the Town's duty to provide a vehicle. The Town of Southold has
refused to provide a vehicle for animal control. We had to purchase our own vehicle at a cost of
$7,000. Look in your Agriculture and Markets book. The Town of Southold is to provide a vehicle
for animal care and control. So, there are lots of things, Mr. Yakaboski, that you can go back and
forth on as to what is responsible. Basically ! am going to leave with this question. ! can not
understand why anyone on this Board, ! mean ! want you to know that the rest of the humane
organizations throughout New York State are watching what is taking place here. They are
watching what is taking place here, and it is the reason why humane organizations will not contract
with municipalities, so my question is, what could possibly be the motivation of anyone on this
Board to jeopardize something that is so unique, that does not exist anyplace else in New York
State, and saves the residents and taxpayers of the Town of Southold hundreds of thousand of
dollars? The operating budget for the shelter is $280,000. The Town only puts in $120,000. We
save the town hundreds of thousands of dollars. ! think you have to fiscally responsible, and look at
this as to what the amount of money and hard work, especially Anna Cosimano. This has been a
very, very difficult time for her, and ! think it is unacceptable. She more than anybody else, and her
husband, Barney, it has been my privilege to work with them. It is about time for this Board to
recognize what it is that the North Fork Animal Welfare League does in this community. The rest of
the communities are watching what is taking place.
TOWN ATTORNEY YAKABOSKI: Theresa, I implore everyone in the League who has questions
about expenses, again, a contract way and everybody remains friends. It sets down all the
responsibilities. It sets out here the Town's duties and the League's duties. Every expense under this
contract is the League's. Okay? The Town doesn't have duty for the vehicle or anything like that. It
is all in the League. ! am going to end it, just my comments, that ! remind everybody in the League
that this Board has only said positive things about the way the League is running that shelter, and
done things, only has compliments, and the Board has been moving forward to try to constructively
address these in a rapid manner.
SUPERVISOR COCHRAN: Greg, I would like to hold it there, because there are other people that I
am sure would like to address the Town Board, so ! would like to move on.
MARIE HELLER: My name is Marie Heller, and ! am a resident of Southold Town, and ! have
been quite active with the League for the last five years, and there is just one thing ! want to say,
you all seem to agree that the bottom line is the conditions at the shelter. ! think you should all be
ashamed with yourselves. It is absolutely offensive that none of you except for you, Mr. Yakaboski,
have been recently over to the shelter to take a look at those conditions. You say you are aware?
Well, how can you be aware if you haven't seen it? They are getting worse and worse as we speak.
You know, when something starts to deteriorate, you know when your car starts to go, it can go in a
day, it can go in a week, so ! just think that if you are saying the truth, and you want to compromise
than the first thing you should have done is go over to that shelter, and take a look. That is all ! have
to say.
BENJAMIN SCHWARTZ: Good evening. My name is Benjamin Schwartz. I am a citizen of the
Town of Southold. ! am not even a member of the North Fork Animal Welfare League, and ! do not
represent the Board of Directors in any way. ! do support the League, and ! volunteer there, !
adopted a dog. One of the things ! like when ! go to the shelter, there are some good things there,
12/12/00 24
and one of the things I like is on Gillian Wood's desk. There is a sign. It says, remember you can
choose your attitude, and I would request that the Board understand that even some of the stuff that
I might say is negative it is meant as constructive criticism. I would like to try and help this process
this forward, and the first thing I want to just mention relates to the last meeting. I was very upset
half way through the statement I had prepared and was presenting to the Board with the way I was
almost shut down by the Board. Jean mentioned one thing I liked. She said that we are asking for
your input, and to just get off the subject of the animal shelter for one minute. I have a little input
for you, Jean, as to the way you might be able to improve the tenor and the tone of these Town
Board meetings. Instead of Jean sitting in the middle on this straight board up there, since Jean is
the Chairman, or Chairperson running the meeting, it might be more convenient for you if you
would sit on one end where you could see everybody, and all the Board members without having to
turn back and forth and all that. Just a suggestion.
SUPERVISOR COCHRAN: It is good for the arthritis in my neck.
BENJAMIN SCHWARTZ: I hope you do that in the car, too. What bothered me, Jean, at the last
meeting was when I made a statement that maybe the Town Board needs a new liaison. Now, I
believe that Mr. Romanelli is a dedicated public servant and worker, and I think he has been trying
to do the right thing there, and did not say that, he should be dismissed by the Town Board. I said,
maybe, but the reaction was that Jean told me, I am sorry, this is my meeting, I conduct it. You
know, and when Mr. Romanelli tried to jump in, and then Jean tried to basically to shut me down,
and ask Mr. Romanelli if he wanted to recess I felt that was extremely improper, and that someone
without such a hard head might be a little timid about addressing the Board at a future date. I guess
I a little taste for history. Jean, are you familiar with Robert's Rules of Order.
SUPERVISOR COCHRAN: Yes, I am. Robert's Rules of Order Revised.
BENJAMIN SCHWARTZ: Authored in 1915 by General Henry M. Robert, U.S. Army, and I just
like to very, very quickly review. The book is about how business is conducted and delivered at
assemblies, and I believe that those are the rules that are in some way related to the way this
meeting is run. This is my own summary, not from the book, is to set an agenda to introduce
motions, and raise issues, and then to assign the floor, and to recognize speakers. Now, it bothers
me the way that this meeting is run, and I don't know that is the right or wrong way, but it seems
that anybody speaking from the public can be interrupted by the Board. Now, Jean, you are the
Chairman, you are the Chairperson, you are the Supervisor, but it almost like we have one, two,
three, four, five, six, seven chairs. Well, Greg, you get plenty of chances to speak. Anyway, just to
very briefly, Jean, I would be happy to go over this with you, but you know after someone is
assigned the floor the have the right to speak until they yield the floor, at which time, and not before
another member can requests the floor, and after they are recognized by the Chairperson they have
the right to speak. Part of the right of speak is the understanding that they will be listened to. You
know there were some objections from the public last week about what I think them perceived as a
lack of common courtesy, private conversations among the Town Board members. Now, I know
people in the audience might have private conversations quietly, and it doesn't disturb the meeting
that is one thing, but you are sitting up there in front, and you are talking it is hard to imagine how
you can be listening at the same time. I am really trying to bring forth some constructive criticism,
but I do want to object to the way the contract has been characterized. I took Jean's advice last
meeting. She had something about there was files in the Town Clerk's Office on all these issues
that come before the Board, and I went there today, and unfortunately the contract that was there is
from 1995 and 1996, but as far as I know I think the provisions haven't changed that much for the
North Fork Animal League contract.
SUPERVISOR COCHRAN: What department did you get that contract?
BENJAMIN SCHWARTZ: From the Town Clerk's Office in the file. I asked for the file. But my
understanding is that it hasn't changed that much so for the purposes of argument if I could briefly
run through a couple of points I noted here. One, this whole thing that you have been going over
and over that the League constructs it own shelter on Town owned property that is 3A. Three says,
the Town in consideration of services to performed by the League is herein provided, covenants and
agrees as follows. So that is something that the Town agreed to under the Town's duties. I t is not
something the League agreed to build a shelter. There is nothing in this contract that says that the
League is going to build a shelter. What there is in this contract, it does say that the League is going
to properly maintain and repair the Town owned dog shelter exclusive of structural repairs, which is
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! think what we are looking at now, is either structural repairs or replacements. There is a provision
that says the League shall make no alterations, renovations, or additions to the dog shelter premises
or the building without prior written approval of the Town, and ! noted in the file that when the
League decided to change the entrance rather than go through the immunization room in the trailer
to the change the path of the entrance the League brought that to the Town's attention before they
did it, and it was okayed by the Town, so ! think that is way the town has been operating. One other
thing that really bothered me about this contract, and ! don't know if it is the same in the current
contract, but it says here that the title to furniture, fixtures, furnishing, appliances, equipment
installed by the League vest in the League, and those things belong to the League, and if the
contract ends by the end of the contract period or terminated earlier, that those things could be
removed from the premises as long as they don't damage the premises or the building, which
belongs to the town, and is as you said. It says in here that the Town can give the League ten days
notice of it's intention to terminate this contract, and in that event the League shall forthwith
surrender the premises. So, that seems...you know maybe next year you will think about giving the
League a little more than ten days.
ANNA COSIMAN0: It is thirty days.
BENJAMIN SCHWARTZ: You have already changed it to thirty days. I apologize. I have an old
contract here. Something that came up today here, you know ! am not happy with Jean's statement
that she said we have options. Do nothing. Hold the League to the contract, or spend this quarter of
a million and try to do something with that. ! forget, you had something else, but the idea of
spending the quarter million, and ! think Mr. Romanelli was cut off before he started to say how
that amount got funded in that amount.
COUNCILMAN ROMANELLI: Basically through a budget process on overall total budget that is
out, come in here, and try to keep the number in a realistic fashion.
BENJAMIN SCHWARTZ: Well, I don't want anyone looking at my budget, and I think you are all
better at that than me, but ! don't understand how you could do a budget. It just seems like the
process is going backwards here from what Jean said at one point. She said, you know we are not
going to fund anything until we know what it is we are funding, and here you set the funding before
you have done any planning, or there was planning done, but the planning was done by the town.
The League made a suggestion. The Town Engineer drew up the plans, and came out with a cost
estimate, and the funding was put in for half of that.
SUPERVISOR COCHRAN: I just want to clarify. Jamie drew the plans, and did the review plans
you got off the Internet.
BENJAMIN SCHWARTZ: I have a copy that I was given tonight if you would like to see it.
ANNA COSIMANO: He worked with the architect. We had nothing to do with it.
SUPERVISOR COCHRAN: Who was the architect?
ANNA COSIMAN0: Houndsquarters.
SUPERVISOR COCHRAN: That was off the Internet these plans.
COUNCILMAN ROMANELLI: They were pre-fab.
TOWN ATTORNEY YAKABOSKI: Jamie didn't start that on his own initiative.
COUNCILMAN ROMANELLI: That was after discussion with the Board and the Animal Welfare
League Board.
BENJAMIN SCHWARTZ: Okay, I am not going to get into the money issue tonight. You heard
enough of that. ! hope that the Board will go forward with developing some other options, some real
options, doing something as soon as possible, and ! hope that the North Fork Animal Welfare
League will work with the Town on that, and all of you will be able to cooperate. I, again, a little bit
confused maybe by the process that ! see occurring here. You formed a committee, and yet the
liaison is not the Chairman of that committee. It is the Town Attorney. From what ! know Town
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Attorneys, they get involved in litigation, or legal matters, but isn't this a business type of matter for
the town? It is unusual.
SUPERVISOR COCHRAN: He is not Chairman.
BENJAMIN SCHWARTZ: He seems to be a very good communicator, and someone who can
work together with people, so ! wish him luck, but it is unusual, ! think for a Town Board to defer to
an attorney in a situation like this, and ! would like to hear more from all of the Town Board
members.
COUNCILMAN ROMANELLI: Greg is doing more of the communication on the issue, because
we have some emotional issues that we are trying to keep down to a level. There has been some
accusations and shots thrown back and forth from Anna towards me, and Theresa towards me, so !
thought we would be better off that ! let most of the communication come through Greg Yakaboski
to keep it on a calmer business like.
BENJAMIN SCHWARTZ: ! appreciate that, and ! thank you for efforts that you are making. !
hope you will continue to make efforts to come up with some kind of plan at least as soon as
possible, so we can start implementing the plan. ! don't hear that yet from the Board, that they are
really ready to do something. It sounds like we just want to look at the problem and, you know, with
all due respect ! think it has been looked at. What ! would like to do is come back next week, and
not say anything, and hear the Town Board present what options they are considering and what they
are doing to solve this problem, and that is something just for the public session. We had a public
hearing, before that there was some extra time, and the Town Board members asked what was going
on. Nobody mentioned anything being done to this situation, and that sends a message that nothing
is happening, and you know we are waiting to hear, so please, give us some good news soon. Thank
you.
JACKIE WILSON: Good evening. My name is Jackie Wilson. ! am Treasurer of SAVES. ! am a
Southold Town resident, and ! was a former New York City math teacher. ! taught middle school in
problem solving, and that is what ! think you folks aren't doing. You are talking about the process.
You are talking about solving the problem, but what we talked with students within a limited
amount of time, and you have to come up with the best solution you can within a limited amount of
time. You have to stop studying it, and come to something. ! agree with this gentleman that it is
very surprising to me that the Town's Attorney is doing most of the speaking, because although
litigators calm things ! think litigators are also an adversarial positions. Please, don't interrupt me.
You don't speak that way, sir, and you are very pleasant, but the fact that you are an attorney in my
opinion makes it adversarial. ! would think that a member of the Town Board should be able to
handle himself as ! gather not a freshman member of the Town Board, and not doing it in an
emotional fashion. Mr. Richter, ! don't know how you are involved, but you are a neighbor, and !
know you seem to be a very pleasant gentleman, and ! don't know where all the emotions are
coming from. (tape change.) When are we going to come forward with a plan? What is the date?
What is the final date? A time ago there was another Board of the Animal Welfare League, there
was another Board, and there was some talk about 99 year lease given to the Animal Welfare
League, if there was some kind of compromise for building, and ! have never heard anything more
about that, and ! don't know if the League knows about it, and ! don't know if the Board knows
about it, so ! am putting that forth. What ! would like to see is, is there a way to have a date that
says, we will come up with these many solutions at this date, and then somehow between the two of
you will make a decision. ! don't know enough about Town law to know if that is possible, so ! am
going to ask our lawyer that. Is that a possibility? ! will ask you, Jean, is that a possibility? Can you
set a date?
SUPERVISOR COCHRAN: The committee is working.
JACKIE WILSON: ! keep hearing that, but can you set a date? Can a date be set?
SUPERVISOR COCHRAN: We can call for a report of the committee at the next Work Session,
which can be given in the evening, also, for an open meeting. The funding is not available until the
next year's budget.
JACKIE WILSON: ! understand about the funding. ! think the people want to know, what are you
doing? List the things you are doing. No, they are saying proceeding, and we are looking and we are
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talking, we have this planned, and we have this planned. ! think we need to see something. ! think
we need to see something, and trying, sir, ! believe, as Town representative is not good enough. !
think you have to do it, sir. ! think you have to do it, sir, ! think trying is good enough as a Town
representative.
COUNCILMAN ROMANELLI: I will try to communicate one more time.
JACKIE WILSON: ! myself would like to see something in writing. Thank you.
MARILYN SAWASTYNOWICZ: My name is Marilyn Sawastynowicz, resident of Cutchogue and
have S.O.S., Save Our Shelter. Two weeks ago we handed into the Town Board over 1,500
signatures of residents in support of a new fully funded shelter. Since then many residents have
approached us with concern, that the Town is in jeopardy of losing the North Fork Animal Welfare
League. They have become aware how unique our community is to have a North Fork Animal
Welfare League running the Town Shelter. Most communities are not so fortunate. Here in
Southold homeless animals are never killed for the sole crime of being homeless. Thanks to the
North Fork Animal Welfare League the children of the Town of Southold are growing up with a
human epic. We lead by example. That is the importance of the North Fork Animal League to me.
Tonight my nephew and ! would like to hand in 1,350 more signatures in support of a new fully
funded town shelter. This brings a total of signatures so far to approximately 2,850, and this is done
by just a few people handing out petitions in just a few weeks. The North Fork Animal Welfare
League has been setting a wonderful example for the children of Southold Town that life is not
disposable. ! hope that the Southold Town Board will not continue to disappoint the residents of
Southold on this issue. Please listen to the nearly 3,000 residents who have signed the petition so
far, and fund a new Town animal shelter. Thank you.
CAROL MARKIS: My name is Carole Markis, and ! am President of S.A.V.E.S. That is Spay,
Alter, Vaccinate Every Stray. Now, obviously the word here is compromise. Now, you have a bond
you are going to float of $250,000. Suppose the shelter matches that, but you agree in the coming
years to return that money? You said you can't do more that $250,000 this year, but you said in
following years perhaps you could. That way they could all go ahead with their plans.
COUNCILMAN ROMANELLI: Things like that could all be part of the negotiation process. Our
mind and our eyes are not closed to that kind of talk, but what ! think everyone keeps on focusing
on is $500,000. We are trying to come up with a solution that may not cost $500,000. In the Ag and
Markets paperwork...
CAROL MARKIS: The longer you wait the more it is going to cost you. As the time goes the prices
go up.
COUNCILMAN ROMANELLI: In the Ag and Markets paperwork we just picked up they actually
have a schematic of an ideal shelter. There are a couple of different ones. After the meeting we had
with the League we discussed how many kennels would like, or you feel you need, what size the
office should be, how many rooms do you need. We discussed many issues like that. Believe or not
a lot of those issues that the League said they needed was directly in the floor plan that came out of
Ag and Markets. Okay? ! took this floor plan that came out of Ag and Markets, which was just last
week, brought it to our Town Engineer, and said, see this floor plan, this is basically what the
League told us they needed, fifty kennels, outdoor runs, the size of the kennels, how big the outdoor
kennel had to be, how big the indoor kennel had to be, how big the office had to be, how big the
meeting and prep room had to be, what size washer and dryer. It was all actually what they pretty
much said. It is pretty much the standards given in the Ag and Market Law. So, ! brought this down
to the Town Engineer, who happened to be out with the flu now for three days, so you can't hold
him responsible for this. He does get sick. There is a floor plan. We is a blueprint with this that we
can now go out and start itemizing estimates, and proposals. Once we get those estimates and
proposals back then we start to negotiate. Then we start looking at, it's okay, you know what? It is
$16,000 for septic. We now turn to Highway Superintendent and say, Mr. Jacobs, can we knock
$16,000 off this estimate if you guys dig the hole for the septic. This is the approach, which ! am to
take.
CAROL MARKIS: But, how long will this take?
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COUNCILMAN ROMANELLI: We got the plans last week from Ag and Markets, the whole 2000
manual. Okay? We had an '89 manual, they just happened to update it to a 2000, so we asked them
to send us the 2000, and see what has changed. When we got it after Greg speaking to Ag and
Markets, they sent it to us; they sent copies to every Board member. Now, it goes to the Engineer.
The Engineer has been told by myself, and I believe by Jean, that you know we can't sit on this. We
have to move. He was at a seminar one day, then was out sick with the flu for three days. So, we
lost most of last week on his work. Ma'am, that is what is going on. Okay? If you want to know
what the process is that is happening. So, it is going forward. That has been going on for the past
seven days since our last meeting.
CAROL MARKIS: Sir, I asked for it in writing, so I could read it and not have to listen.
COUNCILMAN ROMANELLI: Okay, so that is what has been going on for the last seven to ten
business days since the last meeting. Now, how long it is going to take the Engineer to draw the
plans, how long it will take him to get the estimates, you know in realistic fashion we are probably
talking four to six weeks by the time everything comes back.
CAROL MARKIS: I don't think we are talking about quite a difference in the money, maybe
$10,000, $20,000.
COUNCILMAN ROMANELLI: We don't know that. We absolutely don't know that. We might be
able to do the excavation work for the cement work. We might be able to have our Town
Electrician do some electrical work, so we don't know that, and that is what we are trying to get,
actual blueprint that maybe now we can start piecing out in different ways to come up with different
ways to pull the money together to come up with a solution. That is what we keep saying. We are
trying to find another solution, different angles, and different ways to come up with something to
answer the needs to solve the problem. It may not be a half a million dollars that everyone is
hanging their hat on.
CAROL MARKIS: This is not just today's problem, though. This has been going on for years, so
why haven't you been doing this investigation years ago?
COUNCILMAN ROMANELLI: It has been going on for years. The investigation started a year ago
when we hung our hat on this $485,000 estimate. Okay? So, it has been going on for a while. It has
gotten to a point where this Board, and again, ! will say this again, it has gotten to the point where
this Board realizes there is a situation that needs to be corrected. So, now that we are committed to
putting money in the 2001 budget. ! mean, again, we are beating this drum a hundred times with the
same story. Again, the money was put in this year's budget because we realize there is a problem.
CAROL MARKIS: Alright, it is put in the budget, if the League matches it you give it back to the
League in 2002, you have your shelter built, and you are finished.
COUNCILMAN ROMANELLI: If we need them to match it. We are assuming we need them to
match it. We may not need them to match it.
CAROL MARKIS: You are the ones that said you wouldn't float a bond for more than $250,000.
You are not going to build a shelter for that.
COUNCILMAN ROMANELLI: You are assuming it is a half a million-dollar project. You know
what it might be a $300,000 project, it might be a $200,000 project.
CAROL MARKIS: In writing, sir, let's see it in writing.
SUPERVISOR COCHRAN: Please, if you want to address the board, please use the mikes, okay?
Because we have to record these comments. If the mikes and the tape doesn't pick it up the
transcriber will have difficulty with the little voice from the back of the room, so really we would
appreciate your cooperating at the mike. Yes, ma'am?
LORRAINE ANDRADE: Hi, my name is Lorraine Andrade and I am one of the few people giving
petitions out and picking them up. Unfortunately ! have a lot of doctor appointments, and ! always
bring them with me. So far all the doctors that live in Southold, the nurses, and the staff, have all
signed, and the response has been just overwhelming. ! just have one quick question. Some mention
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has been given about land to build a new shelter. I know the police are very anxious for the shelter
to move, because they want the land where the shelter is now. They need more room. ! was
wondering where is this land for the new shelter?
SUPERVISOR COCHRAN: At one point we had met with Ray Jacobs and he was going to give us
an additional parcel of land behind where you presently are. That just kind of died.
ANNA COSIMANO: That was the hundred feet.
LORRAINE ANDRADE: That is all it was? It was not to build a new shelter? A lot of the police
are under the impression that they would get all of the area of the shelter, and we would have a
different place.
COUNCILMAN ROMANELLI: ! think the shelter is going to end up where it is, and maybe go
back fifty or a hundred feet further back in the highway yard. ! mean, at this point ! believe
everyone is leaning towards it is going to stay where it is, or in that general vicinity where it is.
LORRAINE ANDRADE: Okay. Thank you.
SUPERVISOR COCHRAN: ! don't know why the police are under that impression, either, but we
clarified it. Anyone else like address the Town Board?
MAUREEN CLAY: Good evening. My name is Maureen Clay, and ! am a Southold resident. !
actually didn't come here tonight to criticize anybody. ! am sure your jobs are very hard. ! have
attended all the meetings considering the urgent need for a new animal shelter, and ! have listened
very carefully to the questions asked by the concerned public, and by your replies. The elected
Town officials have been accused of not caring about the animal's plight. ! am sure that is not true.
After all we are all God's creatures, and everyone one of us including the animals deserve to be
nurtured and looked after. You have offered $250,000. The total cost of $500,000 to build a shelter,
although this is a generous offer in my opinion it can't work. To only fix half of something that is
broken never works. It is like putting a Band-Aid on a deep cut, when you know you should have
gone and had stitches on it. ! have spoken to many people regarding the request for the town to
supply all the money needed to build a complete new shelter now, and the response has been really
overwhelming. ! myself stood outside IGA for only three hours, and in that short time ! got 120
signatures. Those are only a few people that signed. One out of 120 refused to sign, and that is a
pretty good percentage, 120 signatures with only one refusing to sign. Every one of those people
also donated money. We didn't ask, they just donated it. This is where ! would like to say something
to you, Jean. That was last week on the last meeting we had at the end of the meeting you were
given 1,500 petitions, and ! think you commented something, you stated like it is a shame they
didn't donate $25.00 each.
SUPERVISOR COCHRAN: A $25.00 check at the same time.
MAUREEN CLAY: Sure. Sure. What ! am trying to say is the people are donating money with this,
and the point of you saying, you know, it is a shame they didn't donate the $25.00 each didn't seem
to go down too well with me, anyway, but that is my opinion as ! said. ! know that the signatures so
far are just a drop in the ocean, but it shows how many people are in agreement that the money we
should be given by the Town now to build a complete shelter, and the residents should have the
right to say how their tax money is spent. Listen to them, and try to find a solution to this urgent
problem. Problems ignored never go away. There must be some way of robbing Peter to pay Paul
surely, which if we could find a result in that we could get more money made available and solve
this problem. You are all intelligent, and so are the Board of Directors. They are intelligent as well.
Can't you get together and solve this dilemma? Just try and get together somewhere along the line.
There is a couple of things ! had written down here that ! have been listening to tonight that ! would
like to say, and one is to Mr. Romanelli. Everybody is always knocking you, and ! sit there and !
listen to it, but one thing ! can't understand, why don't you just go out to the shelter? ! know you
never answer that question. You say you in communication. You are in communication. You know
what is happening, but that is theory not practice. Theory never works like practice. Just go, and
then when people are asking you, have you seen the conditions? My husband works there, so !
know the conditions. Have you seen it? Have you been there lately? In a way as you are the liaison
officer, you know, just go out there, and why don't you go?
12/12/00 30
COUNCILMAN ROMANELLI: I will say what I have said before, when I have been approached
by this question. ! haven't probably in about a year and a half to two years. Okay? My question is,
has the conditions gotten better in those two years?
MAUREEN CLAY: No.
COUNCILMAN ROMANELLI: Absolutely not. Okay? ! know they haven't. It boils down to this
now. If! go out and do a tour of the shelter, and it satisfies your needs that ! was there, okay?
MAUREEN CLAY: It wouldn't satisfy my needs. ! am thinking of you. Go there, so it stops all of
this problem that you are having. This is what takes up a lot of time.
COUNCILMAN ROMANELLI: The frustrating part is the problem that ! am having, and ! have got
to be honest, sitting up here, ! have never been so frustrated before in my life, because ! am sitting
up here saying, for Christ sake, ! put this money in the budget. ! talked this Board into making these
improvements, and the Board happily went along with it, and knowing that the situation there, and !
am sitting, and Anna has been telling me a long time about the problems, and to credit to her she
has kept me informed. So ! am sitting up here saying, what am ! missing? Okay? ! am missing the
fact that everyone is mad that we are giving you money. You say it is not enough money because
you are hanging your hat on one proposal that was given out, and no one's ever looked at another
solution besides that one.
MAUREEN CLAY: You have not really answered my question. My question was very simple, why
don't you do yourself a favor, to save all this aggravation against you, and go and see the conditions
at the shelter.
COUNCILMAN ROMANELLI: ! will go and see it. Will it solve the problem? No.
MAUREEN CLAY: But it may mean that we will listen to what you are saying. We can't listen and
say you understand. Every one of you on the Board understands. Fine. We know you understand,
but you haven't seen it. Go see it, and then tell us you understand then maybe we will listen to you.
That's all.
COUNCILMAN ROMANELLI: By putting money it doesn't show that we understand?
MAUREEN CLAY: No, not necessarily so. You have to show that you care. You can't buy love,
and this is what it is. You can't buy love. You need to love these animals.
COUNCILMAN ROMANELLI: Let me ask you a question, if! was down there every day...
MAUREEN CLAY: Go down and walk some of them.
COUNCILMAN ROMANELLI: If ! were down there every day, and ! didn't put money in the
budget, would that show ! care more?
MAUREEN CLAY: No. What ! am trying to tell you, ! was just trying to tell you to make it easy.
You are trying to talk about all this as if you care. You probably do care, but you are not showing an
action. Go down the shelter and see what it is all about, and that is all ! am asking you to do. If you
don't do it that is up to you, then you will keep getting this abuse.
SUPERVISOR COCHRAN: Thank you very much.
JOANNE TAM1N: Hello, my name is Joanne Tamin. I am a resident of Southold. An eye opener
tonight, is the Town supposed to supply the vehicle for the shelter?
TOWN ATTORNEY YAKABOSKI: At the risk of creating a controversy in my opinion, no. ! can
show you the contract, and it has every single thing listed. It talks about the shelter doing everything
to operate and maintain. The shelter had to supply the Dog Control Officer, a part-time and a full-
time Dog Control Officer, has to proper shelter, feed and water, and otherwise care for all the dogs,
has to euthanasia, and make available all the dogs, it has to comply with all articles of Article 7. !
know ! am going beyond your question. ! just want to run through this quick, everything of Chapter
30 of the Town Code. Keep all the records. Give all the license redemption, adoption fees into the
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town. Has to employ at all times during the contract a qualified personnel, has to keep the shelter
open during certain hours, has to make sure there is a designated person in charge. Under the
contract it is permitted to keep the dogs beyond the time, unfortunately under the law it is 12 days.
JOANNE TAM1N: Which we know they do.
TOWN ATTORNEY YAKABOSKI: It is great. I think it is great.
JOANNE TAM1N: And then some.
TOWN ATTORNEY YAKABOSKI: I realize that. They also keep cats, which I know is above the
Town's...just not obligated under the law for whatever reason. ! have no idea. But, it goes through
all that, it says, they also have to properly maintain and keep in reasonable good order structure and
repairs, the proper equipment, and everything out there. You go on it talks about, it says, all costs
and expenses incurred by the League in performance of this contract shall be paid when due by the
League including but not limited to light, heat, maintenance, repairs, water, fuel, electricity,
telephones, and other utilities. This is what is in the contract. If folks want to change the terms that
is a different question. ! know ! took a long-winded answer.
JOANNE TAM1N: No, no, that is fine, but I heard differently earlier. I just wanted it clarified.
TOWN ATTORNEY YAKABOSKI: Again, anybody is welcome if they couldn't find a
copy...Mr. Schwartz, ! know you couldn't find a copy, if you want to come to my office tomorrow
morning ! will have a copy for you. You just had the wrong file.
JOANNE TAMIN: Excuse me for nit-picking, because my approach ! think you all know has
always been amicable and try to do this without hostility, but what is up with those eight, there is
like eight new police cars just sitting there on the property? What is up with those?
SUPERVISOR COCHRAN: They are replacing some of the cars that are there. Those cars run 365
days a year, 24 hours a day, so they have vehicles on hand to move the old ones out, and move them
in when they need them, and then we dispose of the old ones. We put them out for bid. We need
them to protect the public.
TOWN ATTORNEY YAKABOSKI: If you have any ideas, I mean, what I turn to in advising the
Board, ! look at the rules and regs, the Ag and Markets, which govern this, ! look at the contract, if
there is anything else out there that anybody knows ! would be more than happy. As to the woman
in the back about solutions, we had a process where we agreed to work with the League the next
step in the process was to start brainstorming solutions to try to achieve the problems. First you
identify the problems, and then you brainstorm some.
JOANNE TAMIN: I am with you. It is good. Thank you.
JACKIE WILSON: My name is Jackie Wilson, again, for the record. Address this to the lawyer.
Greg, sir, is that your name, do you mind? Does it or does it not say in the State Law where the
shelter, the Town is supposed to maintain the vehicle, and which supersedes?
TOWN ATTORNEY YAKABOSKI: What happens is it is the Town responsibility, just starting
from day one, it is the Town responsibility to have a dog shelter out there, and unfortunately the
supervision is about 12 days is how long you keep them, that kind of thing. What is also in the law
is the Town is permitted, and says in the contract, to contract with a humane society to take over
these responsibilities, and run this. So when you do that the Town said, okay, we are going to
contract with North Fork Animal Welfare League. ! believe it has been going on for thirty years,
Anna?
ANNA COSIMANO: Thirty-eight.
TOWN ATTORNEY YAKABOSKI: ! know it has been a tremendously long time, and they
contract to do all these things, and that is why you laid out who does what, and that is what the
contract does. So, the contract does supersede.
12/12/00 32
JACKIE WILSON: The contract supersedes. That was my question. Thank you, Jean, for telling
me I have a small voice. No one has ever said that to me in my entire life. Mr. Romanelli, I agree
with the young woman. In fact, she is correct, we would like to see you at the shelter, and we really
would like to see as our liaison, but we would like to see something writing. The tale that you were
telling that you thought I wasn't attending to I have heard before, but if we had something in writing
we would not have to take up meeting time. We could read it, and address it as questions, and not
have to go over and over it. In teaching, when we solve problems we put it down in writing when
we rate students, you rate things in writing, and as Greg, the lawyer, says, if it is not in writing then
we don't remain friends, and I, again, would like to see a report in writing, and I would like to see
you, well, you said you were going to try, I would like you to really try hard. That is what I told the
children, really try hard, so we can all have something to read. Thank you.
TOWN ATTORNEY YAKABOSKI: Ms. Wilson, can I ask one question?
JACKIE WILSON: Jackie.
TOWN ATTORNEY YAKABOSKI: I was looking for your name. I thought I wrote it down.
Maybe I am wrong, but we have been meeting with the League. The Board and the League have
gotten together, and agreed about two or three meetings ago to get together. Do you guys update
everybody in the League? We laid this out to the Board, and I thought that, maybe I was making an
assumption, I was wrong on that, that the Board would be communicating this whole process to all
it's members.
JACKIE WILSON: That is up to the Board, but this is also my Town Board.
TOWN ATTORNEY YAKABOSKI: I was just trying to clarify a point.
JACKIE WILSON: As far as I am concerned I am a member of Southold Town before I am a
member of the North Fork Animal Welfare League, and my town is where I would look for my
clarifications.
ANN PHILLIPS: Good evening. My name is Ann Phillips, and I am a taxpayer from Cutchogue. I
just wanted to go over something. On the agenda for the next meeting there will be a report about
the animal shelter, and about the meeting?
SUPERVISOR COCHRAN: The progress of the committee.
ANN PHILLIPS: Will it be on the agenda?
SUPERVISOR COCHRAN: It will be part of the Work Session.
ANN PHILLIPS: It will be? Okay.
SUPERVISOR COCHRAN: An update and report, John, would you please put it in writing?
COUNCILMAN ROMANELLI: Absolutely.
SUPERVISOR COCHRAN: Thank you.
ANN PHILLIPS: And, Mr. Yakaboski, this Department of Agriculture and Markets, is this basic,
this is the basic, you know, standards, correct?
TOWN ATTORNEY YAKABOSKI: I believe so. I believe the analogous, when someone builds a
house, I believe analogous when someone builds a house in town, New York State has New York
Fire Prevention Code, it is your basic standards on how you build things for safety standards, and all
that, and health, and I believe that the standards that, that report basically implements and checks
the standards which are set forth in both the law and the manual put out by Ag and Markets. That is
my understanding. I could stand corrected.
ANN PHILLIPS: I have a little problem with that. You keep referring to this, and if it is the basics,
or if it is the fundamental we are really...you know this is not our standards, so I find it hard to
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understand if it is like so basic. Is this something that we want to follow? Is this what we will have
to follow?
TOWN ATTORNEY YAKABOSKI: What ! was looking for to advise the Board is there is an
agency out there, the Ag and Markets, who govern all the dog shelters in the State, and they have
fundamental base line minimum standards, that they want everybody to comply with, and that is
what ! was trying to say.
ANN PHILLIPS: Are we going to be going on the basics, or are we going to try and look for
standards that are higher than that? ! mean if you are going to build a shelter you have to have a
foundation. You know you have to have a shelter that is more than basic.
TOWN ATTORNEY YAKABOSKI: The reason ! made the analogy to the New York State Fire
and Building Code is that, that building code is what all our building inspectors check when they
are checking people building houses. Those also could be referred to as minimum standards. You
could take the word minimum either way, if you follow me.
ANN PHILLIPS: ! am sorry, but ! just hope that we are not going to do the basics, and end up with
what we have now for the shelter. That we would hope that our standards could be higher, so that
we wouldn't be running into the same problems. You know, ! mean for the future, so that the shelter
would be built with more than the basic rules, or the basic standards.
TOWN ATTORNEY YAKABOSKI: If you want, ! would be more than happy, if you stop in my
office tomorrow, stop by in the afternoon.
ANN PHILLIPS: Where is your office?
TOWN ATTORNEY YAKABOSKI: Right down in the Supervisor's suite. ! can get you a copy,
not this whole book, the thinner portion, which is the specifications for shelters. You are more than
welcome to it. Just ask for Melanie.
ANN PHILLIPS: Okay, ! would like that. Thank you. ! will.
SUPERVISOR COCHRAN: Is there anyone else that would like to address the Town Board?
THERESE MCG1NNIS: As ! stated before, there seems to be this whole topic of the Ag and
Markets. This letter is from Doctor James A. Gray, and ! will repeat it again. Dr. Gray is the
Assistant Director of the New York State Department of Agriculture and Markets Division of
Animal Industry. The DL18 that sets 37 standards is for seized dogs only. It is up to the community
to each individual community to set it own standards. The Ag and Markets sets no standards for the
health and safety of any staff. We are only talking minimum standards for door. As Dr. Gray
clarifies in this letter, which ! will gladly give to you, it should be further noted that these standards
are for the care of seized dogs only. The Department of Agriculture and Markets does not have
regulations, any regulations, pertaining to general workplace safety issues with respect to workers in
the shelter. These issue would be addressed only by OSHA and the Department of Labor. The
Department does address issues pertaining to animal care, that have an effect on worker's safety,
such as properly maintaining caging, ventilation, etc., but these are only in the context of animal
care. This has nothing to do, the Ag and Markets sets the standards solely and exclusively for dogs.
The criteria, which is established by municipalities, each municipality sets their own standards, and
you can go from one municipality to the other, and you will see it is up to the local standards. It is
the community of people of the Town of Southold. It is up to them to set the standards for the health
and safety of the workers, who are employed by the North Fork Animal Welfare League, and ! think
that is what is missing from this whole dialogue, and ! suggest, Mr. Yakaboski, prior to your talking
to any inspectors ! will give you a copy of this, and ! would suggest that you do get in contact with
Dr. Gray, because ! believe Dr. Gray can give you a bit of better clarification, because using the
DL 18 on 37 criteria only pertains to dogs. It does not pertain to the health and safety of the workers
employed at the facility. So there is a very, very big difference when you use Ag and Markets it is
only for dogs. They do not come in and inspect for the health and safety of the workers. There is a
very big difference there, and that is what ! would like to clarify.
SUPERVISOR COCHRAN: Do you have a copy for us?
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TOWN ATTORNEY YAKABOSKI: Ms. Phillips, one thing I did forget to mention also was that
the addition to the rules and regs, I have spoken to the building inspectors. They also have to apply
the uniform building code to the facility. They classify it, so certain regs have to apply.
SALLY STERN: Thank you again. Sally Stern, I am also a the Secretary of S.A.V.E.S. I just want
to clarify something that ! heard here. Yes, Therese, in my opinion ! am not quite up to dealing with
people at this point. ! think if we have a question of worker safety that should be a OSHA question,
and not a reason for us to be presenting right now before the Board. ! don't mean to be in contention
with you but ! just feel that we have to stick to one thing, which is at this point our concern ! think
mostly for the animals, and certainly for the people that work there, but that is another area, and that
is the area that OSHA must be concerned with.
COUNCILMAN RICHTER: Just to make a quick response. What you just said is very true. We
have workman's compensation. We have OSHA. Those are worker health and safety standards set
in the State, and that is also addressed in the contract that is down there also. ! mean that can't be
overlooked either, but that is addressed in the contract, too.
SUPERVISOR COCHRAN: Okay, we are going to have to close it down pretty soon. One thing as
far as people saying they have a right to speak or not to speak, this Town Board has been very
lenient in the fact there are people that request from time to time that we set a time limit, two minute
time limit. It has always been my feeling that if you have to speak for five minutes we listen for five
minutes, and ! think the Board has done that, and ! would like to compliment the Board that we
have given everyone every opportunity to speak for as long as they would like, so ! will take a
couple of more, and then we will call it a day. Anyone else like to address the Town Board? You
know we are kind of beginning to hash the same things over and over.
NANCY SAWASTYNOWICZ: One quick question. Why can't we just flog this mule, and get it
over with, and float a bond? The town does it all the time. The people want it. It would solve all the
problems, and having the lawyer go there doesn't he cost us a lot more than the people that work for
us, that are the Councilpeople? He is doing most of the work now, as ! understood tonight.
COUNCILMAN RICHTER: He is on salary. It is a full-time job.
NANCY SAWASTYNOWICTZ: Right that is a salary we are paying more than we are paying the
Councilpeople that should be responsible for this shelter.
COUNCILMAN RICHTER: We are involved.
NANCY SAWASTYNOWICZ: I heard it tonight that he is doing most of the work right now.
COUNCILMAN RICHTER: He is a full-time employee.
NANCY SAWASTYNOWICZ: Right, but he cost more than the Councilpeople, and he is doing
your work.
COUNCILMAN RICHTER: If he does not do it he still gets paid the same amount, so let's give him
enough work.
NANCY SAWASTYNOWICZ: Okay, why can't we float a bond for this? Wouldn't that be a lot
easier?
SUPERVISOR COCHRAN: We will be floating a bond for the $250,000 if it takes that.
NANCY SAWASTYNOWICZ: Can't we just float it for the whole thing and get it done with?
SUPERVISOR COCHRAN: Not at this point.
NANCY SAWASTYNOWICZ: You float it for everything else. Thank you.
SUPERVISOR COCHRAN: I have a motion to adjourn.
Moved by Councilman Richter, seconded by Councilman Murphy, it was
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RESOLVED that this Town Board meeting be and hereby is adjourned at 9:40 P.M.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
Elizabeth A. Neville
Southold Town Clerk