HomeMy WebLinkAboutTB-01/07/1958 477
MEETING OF JANUARY 7, 1958.
The Southold Town Board met at the office of Supervisor Norman E. Klipp
at Greenport, on Tuesday, Jan. 7, 1958. The meeting was called to order
at 1:30 P.M. 'with the following present: Supervisor Klipp; Councilmen
.Albertson Pnd Demarest; Justices Tuthill , and Clark; Supt. of Highways
Price , Town Attorney Tasker and Town Clerk Booth.
The Board sat at once as a committee on Audit to examine claims against
the Town concluding the audit work at 2 o 'clock P.M.
MOved by Councilman Albertson; seconded by Justice Tuthill:
WHEREAS, Rensselaer G. Terry, Jr. has served as Town Attorney of th6
Town of Southold continually form January 1, 1948, and
WHEREAS , Rensselaer G. Terry, Jr. has rendered to the Town Board of the
Town of Southold a most.-valuable service, and in many cases far beyond
that which is -normally required of a Town .Attorney, and
WHEREAS , Rensselaer G. Terry, Jr. has just recently been appointed as an
Assistant-Attorney for Suffolk �=ounty, now, therefore , be it
RESOLVED: That the Town Board of the Town of Southold deeply regrets the
loss of the services of Rensselaer G. Terry, Jr. , as Town Attorney, but
at the same time is extremely pleased with his new appointmmnt and wishes
him every success in his new position, and be it further
RESOLVED; That a copy of this resolution be spread upon the- records of
the Town of Southold, and a copy be sent Rensselaer G. Terry, Jr. .
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and
Demarest and Justices Tuthill and Clark.
Moved by Justice Clark; seconded by Councilman Albertson;
RESOLVED: That the minutes of the meeting of December 30, 1957, be and
hereby are duly approved as read.
Vote ofTown Board: Ayes-Supervisor Klipp; `councilmen Albertson and
Demarest and Justices Tuthill and Clark.
Moved by Councilman Albertson; seconded by Justice Clark:
RESOLVED: That the regular monthly meeting of this Board will. be held
at the office of Supervisor Norman E. tiipp at Greenport , on Tuesday,
January 21, 19589 at 1:30 P.M.
Vote of Town Board: Ayes-Supervisor Klipp; councilmen Albertson and
Demarest and Justices Tuthill and Clark.
Moved by Councilman Albertson; seconded by Justice Tuthill:
RESOLVED: That Supervisor Norman E. Klipp be designated to represent the
Town of Southold at the annual meeting' of the Association of Towns of
the State of New York, to be held at New York, N.Y. on Feb. 10, 11. and 12,
1958 and to cast the vote of the aforesaid Town pursuant to Section 6 of
Aeticle 111 of the Constitution and By-Laws of said Association, and that
Justice Henry A . Clark be designated tn as Alternate to cast the vote
of said. Town in the absence of Supervisor Klipp;
Vote of Town Board: Ayes-Councilmen Albertson & Demarest and Justice:
Tuthill .<;�:.3
Moved by Councilman Albertson; seconded by Justice Clark:
RESOLVED: That Southold Town Officials who desire to attend the Annual
meeting of the Association of Towns of the State of New York, to be held
in New York, N.Y. on February 10, 11 and 12, 1958, be and they are hereby
authorized to attend, and be it further
RESOLVED: That the necessary expenses incurred while attending said meet-
ing are a legal charge against the Town.
Vote of Town Board: Ayes-Supervisor Klipp; ouncilmen Albertson and Demarest
and Justices Tuthill and Clark.
Moved by Justice Tuthill; seconded by Justice Clark: ,
RESOLVED: That Howard M. Terry, Building Inspector for the Town of South-
old , be and he hereby is authorized to attend a school for Building
Inspectors conducted by the -Eastern States Building Officials Federation,
to be held in Nei- York, N.Y. Feb. 20, Ahd=�21 , 1958 and be it further
RESOLVED: ThEt the necessary expenses incurred while attending said meet-
ing are a legal charge against the Town.
.Vote of Town Board: Supervisor Klipp; Councilmen Albertson and Demarest
Ayes- and Justices Tuthill and Clark.
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478
Moved by Councilman .Albertson; seconded by Councilman Demarest:
RESOLVED: That all organizations that are exempt from real property tax
shall not be required -to pay a fee which is set forth in the zoning ordinance.
Vote of 'Town Board: Ayes-Supervisor Klipp; Louncilmen Albertson and Demar-
est and Justices Tuthill and Clark.
Moved by Justice Clark; seconded by Councilman Albertson;
RESOLVED: That General Bills in the amount of $8,311.84; Lighting District
Bills in the amount of $1,638.05; Fishers Island Ferry District Bills
in the amount of $11,831.96 be and the same are hereby ordered paid.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest
and Justices Tuthill and Clark.
Moved by -ouncilman Gilbertson; seconded by Councilman Demarest:
RESOLVED: 'That the Police report for the month of December is hereby
approved by the Town Board and placed on file.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen hlbertson and
Demarest and Justices Tuthill and Clark.
Moved by Councilman Albertson; seconded by Councilman bemarest:
WHEREAS , The Suffolk County Planning Board has supplied to the Southold
Town Planning Board a map of Suffolk County showinf all existing highways
and proposed highways and other pertinent facts useful and necessary to
the Planning Board in its work and
WHEREAS , this is a large and valuable map composed of a real photograph
and easily damaged' by handling and use , and
WHEREAS , an estimate of $197.00 Uas been received from G. W. Smith and Sons
to mount the said map on' a z inch plywood backing , with a glass front ,
and suitable mouldings and fastenings so that it may be move from time to
time as may be necessary'
NOW, THERFORE, BE IT RESOLVED: That the Town Board approved,, the estimate
of G. W. Smith & Sons to mount said map in suitable location on south
wall in hallway of Town Clerk's Office, 6outhold, N.Y. and that G. W. Smith
& Sons be authorized to procede with the said project as per their estimate
of cost.
Vote of Town Board: Ayes-Supervisor Klipp; 'ouncilmen Albertson and
Demarest and Justices Tuthill and Clark.
CAPITAL NOTE OF 1958
Moved by Uouncilman Albertson;- seconded by Justice Tuthill:
BE IT RESOLVED: this 7th day of January, 1958, by the Town of Southold,
Suffolk County, New York, as follows:
Section 1. That, pursuant to the provisions of Section 28 of the Local
Finance Law and Sections 64 and 220 of the Town Law, for the purpose
of paying the cost of purchase of real property for Town purposes ; which
property is bounded and described as follows:
PARCEL .ONE: ALL that tract or parcel of land situate at Horton's Point ,
in outhold , Town .of Southold, Suffolk County, New York, bounded and des-
cribed as follows: BEGINNING- at a point on the northerly side of Hurricane
Lane , a private road , 232.66 feet West of the imnument at the Northwest
corner of the intersection of Hurricane -Lane, a private road, and Horton's
Lane , and running thence in a southwesterly direction along the edge of
the northerly side of the said Hurricane Lane, a private road, 40 feet,
more or less , thence turning at a right angle and running in a northwester-
ly direction 200 feet, more or less , to the ordinary high water mark of
Long Island Sound; thence turning at a right angle and running in a north-
westerly direction along the ordinary high water mark of Lon; Island
Sound, and parallel with the aforementioned southerly boundary along
Hurricane Lane , a private road , 40 feet , more or less ; and thence turning
ai a right angle and running 'in a southeasterly direction along the
southwesterly side of land now of Sara L. Hyatt , and parallel with the
aforesaid southwesterly side of the premises herein described, 200 feet ,
more or less , to the point or place of beginning.
TOGETHER with all right, title and interest of the party of the first
part of, in and to the beach and 1€nds:.uiaerwatr of Long Island Sound
in front of and adjacent to said premises .
TOGETHER with a right of way over land of Sara L. Myatt adjoining said
premises on the south, being a strip of land 25 feet in width constit-
uting a private way known as Hurricane Lane , for passage on foot and with
vehicles to Horton's Lane on the east.
Being and intended to ' be the same premises conteyed by Sara L. Hyatt to
Mae Halbauer by deed dated May 8th, 1941, and recorded in the Suffolk County
Clerk's Office on May 12, 1941, in Liber 2161 og deeds at page 598 and sub-
ject to the covenants and restrictions therein contained. '
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PARCEL TWO: ALL that tract or parcel of land, situate , lying and being at
Horton's Point, Southold, in the Town of Southold, County of Suffolk, and
State of New York, bounded and described as follows:
BEG'INNING at a point on the northwesterly line of Horton's Lane at the
northeasterly corner of lther land of Town of Southold (formerly of Alfred
C . Teves) and the southeasterly corner of the premises herein described;
running thence in a northwesterly direction along said other land of Town
of Southold, North 56 degrees 29 minutes 40 seconds West a distance of 150
feet , more or less to land heretofore conveyed by Sara L. Hyatt to Mae
Halbauer (Libor 2111 cp 598) and presently under contract to be purchased
by Town of Southold; running thence in a northeasterly direction along said
land of Halbauer 40 feet , more or less ; running thence in a northwesterly
direction along said land of Halbauer 200 feet, more or less , duo ordinary
highwater mark of Long Island Sound; running thence in a northeasterly
direction along ordinary highwater mark of Long Island Sound 40 feet, more
or less , to land now or formerly of Eugene Fischer; running thence in a
southeasterly direction -along said land of Fischer, and partly along a right
of way, and partly along land now or formerly of Margaret D. Fischer, a
distance of 350 feet, more or less, to the northwesterly line of Horton's
Lane; running thence in .a southwesterly direction along said northwesterly
line of Horton's Lane, a distance of 80 feet, more or less , to the point
or place of beginning.
SUBJECT to any state of facts an accurate survey may show provided the
same does not render the title thereto unmarketable.
SUBJECT , however, to a right of way 25 feat in width hereto-fore granted
to Mae Halbauer, and extending along the southeasterly lice of said land
of Halbauer a distance of 40 feet and along the direct extension northeaster-
ly thereof a distance of 40 fept and
SUBJECT, further to a right of way 20 feet in width heretofore granted to
Margaret D. Fischer and others , immediately adjacent to the southwesterly
line of said land of Fischer and extending from the northiresterly line of
Horton' s Lmne northwesterly a distance of 150 feet , more or less , to the
direct extension southwesterly of the sottheasterly line of said land of
Eugene Fischer.
SUBJECT to the same covenants and restrictions as set forth in the afore-
said deed from Sara L. Hyatt to Mae Halbauer (Liber 2161 cp 598) ,
there is hereby authorized to be issued a capital note of the Town of
Southold in the principal sum of $3 ,200.00 which is the maximum cost of
such object or purpose , which note shall mature on February 1, 1959.
SECTION 2. That, except as herein specifically prescribed, said note
shall be of the date , terms , form, contents and place of payment, and at a
rate of interest not exceeding three per centum per annum, as may be deter
mined by the Town Supervisor, consistent , however, with the provisions
of said Local Finance Law of the State of New.York, and shall be executed
in the same of the Town of Southold by its Supervisor and ' the seal of
said Town shall be attached thereto.
SECTION 3. That said note shall be sold at private sale by the Town
Supervisor at a price of not less than par value and accrued interest,
if any, and upon due execution and sale of said note , the same shall be
delivered to the purchaser upon payment by him to the Town Supervisor of
the purchase price in cash; and the rec&ipt of such Supervisor shall be a
full acquittance to such purchase who shall not be obliged to see to the
application of the purchase money.
SECTION 4. The full faith and credit of the Town of Southold, New York9
are pledged to the puncual pay-ent of principal and interest on said note.
SECTION 5. This resolution shall take effect immediately.
Vote of Town Board: Ayes-Supervisor Klipp; Councilman Albertson; Justices
Tuthill and Clark; Councilman Demarest.
Absent: E. P erry Edwards , Justice of the PPeace , Noes-None .
The Supervisor thereupon declared that the resolution was dlaly adopted.
UNITED STATES OF A MERICA
STATE OF NEW YORK
COUNTY OF SUFFOLK
TOWN OF SOUTHOLD
CAPITAL NOTE OF 1958.
The Town of Southold in the County of Suffolk, a municipality of the State
of New Yvrk, hereby acknowledges itself indebted and for value received
promises to pay to
the sum of THREE 'THOUSAND AND TWO HUNDRED U3 ,200.00) DOLLA RS ,on the lst;
day of February, 1959, together with interest thereon from the date hereof
at the rate of per centum ( %) per annum, payable annually.
Both the principal- ofdand interest on this note shall be paid in lawful
money of the United States of America , at the office of the Supervisor,
Greenport , Suffolk County, New York® The Town of Southold shall have, the
privilege of pre-paying the whole or any part of the unpaid balance of the
principal sum at any time prior to maturity without penalty.
48o
This note may not be converted to registered form,
This note is the only note of an authorized issue in the amount of
THREE THOUSAND AND TWO HUNDRED ($3 ,200.00) DOLLARS , for- the purpose of
paying the cost of purchase of real property for Town purposes .
This note is issued pursuant to the provisions of a resolution. entitled
"Capital Note Resolution" duly adopted by the Town Board of such Town
of Southold on January nth, 1958. The full faith and credit of such
Town of Southold are hereby irrevocably pledged for the punctual pay-
ment of the principal of and interest on this note according to its
terms .
It is hereby certified and recited that all conditions , acts and things
required by the Constitution and statures of the State of New York to
exist , to have happendd and to haL-e been performed precedent to and
in the issuance of this note , exist , have happened and have been per-
formed, and that this note, together with all other indebtedness of
such Town of Southold is within every debt and other limit prescribed
by the Constitution -•and Laws of such State.
IN WITNESS WHEREOF, THE TOWN OF SOUTHOLD, New York, has caused this
Note to be signed by its Supervisor, and its Corporate Seal to hereunto
affixed and attested by its Town Clerk, and this note to be dated as
of the nth day of January, 1958.
Town Spal Town of Southold, New York
BY Norman E. Klipp
Supervisor
Attest: Ralph P. Booth
Town Clerk
Town of Southold
New York.
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