HomeMy WebLinkAboutSailboat Removal DENIS NONCARROW Town Hall,53095 Main Road P.O.
TOWN CLERK �aF SQUT Box 1179
��•�► '�P�o Southold,New York 11971 Fax
REGISTRAR OF VITAL (631)765-6145 Telephone(631)
STATISTICS MARRIAGE OFFICER 765-1800
RECORDS MANAGEMENT io www.southoldtownny.gov
OFFICER FREEDOM OF �♦.
INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2026-612 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 14, 2026:
WHEREAS, in February of 2026, a Sailboat registered to and owned by a Megan Grace/aka
"Bug" Celico, broke free and became lodged in the sand on the beach, located at approximately
41"16'11.8"N 7105941.2"W; and
WHEREAS, the boat has become unseaworthy and which imminently threatens to cause damage
to said surrounding property; and
WHEREAS, the boat has created an unsafe condition and has become an attractive nuisance; and
WHEREAS, the valid,registered owner of the boat, Megan Grace/aka"Bug"Celico, has been
contacted on or about May 13,2026 and they have subsequently indicated that they know the
boat needs to be removed and to date, have failed to remove the.boat; and
WHEREAS, that pursuant to §96-10(A) of Town Code of the Town of Southold notices were
sent via certified mail return receipt requested on May 29, 2026 to: the legally registered owner,
Megan Grace/aka"Bug"Celico, at 133 Bank Street,Apt. A,New London, Connecticut 06320,
their confirmed address. Additionally,notice was sent via certified mail return receipt requested
on June 8, 2026, to the legally registered owner,Megan Grace/aka"Bug"Celico at their last
known address at 43 Bank Street,New London, Connecticut 06320; and
WHEREAS, over one week has elapsed since the mailing of the required notice; and
WHEREAS, upon the owner's failure to remove the boat in a timely manner pursuant to
Southold Town Code §96-10(B) within one week after the mailing of the aforementioned
notices, and now therefore be it
RESOLVED,pursuant to New York General Municipal Law section 103(4), the Town Board
hereby declares the condition and location of the boat to be a public emergency which cannot
Page 27 of 33
f
await competitive bidding, and be it further
RESOLVED, the Town Board of the Town of Southold hereby authorizes and directs Supervisor
Albert Krupski to execute an agreement with Kennedy Maritime for the removal and destruction
of the aforementioned boat.
9�4�Lei
Denis Noncarrow
Southold Town Clerk
RESULT: Adopted
MOVER: Councilwoman Doherty
SECONDER: Councilman Mealy
AYES: Councilman Mealy,Justice Stevens,Councilwoman Doherty,
Councilwoman Smith, Councilwoman,Suess, Supervisor Krupski, Jr.
NAYES: None
Page 28 of 33
SERVICES 'D COMMISSION AC,REENTENT
9qq-.
4.
Il(S.Sh:RVICES AND C0`NMI SSION ACiI EEk. NT("A reement")I5 ENTf:RED lN`M A-,
DAY Ol .��� ...202ti, BY AND BETWEEN:
THE TOWN OF SOUTHOLD,a municipal corporation duly organized and c�i"s in unci R ti3W
laws of the.State of New York,with offices at 53095 Main Road,Southold,Nevv Yor l 1197°l >;'tli
and
K1'.:N ERY tVlikRITL'NIE,LLC,a limited liability coinpanv with a place of business Est I€,
Pequot Avenue,New London,Connecticut 06320("Contractor").
The Town and Contractor are sometimes referred to herein individually as a"Party"and coflecti%;ely as
the"Parties."
RECITALS
t5'MEREAS,the Town of Southold,engaged the Contractor to provide emergency beat removal se rvice
for an abandoned sailboat(`Boat")on Fisher's Island;and
3I'3 R.E.IS,the Contractor has rendered the services set forth herein commencing in July 2016.and die
Pat-ties desire to memorialize the scope of such services and the agreed compensation therefor.
NOW.THEREFORE, in consideration of the mutual covenants and agreements herein contained, and.
other-ood and valuable consideration,the receipt and sufficiency of which are,herby acknowledged, the
Parties agree as follows:
].SCOPE OF SERVICES
Contractor has performed,and the Town hereby acknowledges receipt of,the following services in
connection with the removal and destruction of the Boat(collectively,the"SeiA,ices").
Description of Services TOTAL COMPENSATION
__......_.._....
Contractor's tow vessel departed New London, $5,500
Connecticut for the location of the Boat. Upon
f' arrival,Contractor conducted an inspection of the i
Boat's sea worthiness and discovered it had taken
oil water, wherein Contractor commenced
pumping.Once pumped out,Contractor began
setting up for the tow.Contractor towed the vessel i
across to New London,Connecticut and secured
it.Contractor prepared the Boat for disposal,and
ensured any remaining heel was pumped out,
batteries were removed,and the Boat was de- �
inasted. Contractor disposed of the Boat.
_ �...._.__ _._......__..___.__.____....__......_..__..._
t
2.COINIUNSATION
!n i`idl and conapiere satisfaction.for all Services rendered by Contractor in connection with t1lic-:
�a, I N R ED grecol,nit,.ihe Town shall pay to Contractor the total sum of FIVE THOUSAND FIVE HU'i Of ,
AND 00/100 DOLLARS(S5,500)("Contract Price"),The Contract Price shall be due and pay'aMe iqp(;nl
execution of thisAgreement, Payment shall be made by check payable to Kennedy N-lanitirlic. 11-J.'Cand
delivered to Contractor's address set forth above.
'17he Contract Price represents a neg'otiated,all-inclusive sum Ear the Services described ghn S6,,fion 1
above,and no additional compensation shall be due to Contractor with respect to the Boat ort-lie sew i,:,:,
described herein.
3.RELEASE AND DISCHARGE
."poi:receipt of the Contract Price,Contractor,for itself and its members,managers.enioloyces.
successors.and assigns does hereby refease,discharge,and acquit the Town..its officers,einployees,
agents,and successors,from any and all claims,demands,actions,causes of action,and liabilities()I*an%
kind or nature,whether known or unknown,arising out of or relatinO to the Services,or any amtttr
connected with the subject matter of this Agreement.
4.CONTRACTOR REPRESENTATIONS
Gontractor represents and warrants that(a)the Boat was removed and disposed of in a commercially
reasonable manner during,the period of the Contractor's custody of the Boat;(b)Contractor has not
entered into any ag It i I
reement with respect to the Boat that would conflict with or itupair the fo�,�,Ws right.
disposition;(c)no liens,claims,or encumbrances have attached to the Boat as a result of Contra;,tor's
actions
a or ornissions.and(d)Contractor has the full authority to enter into and perform this agreement,
5.TOWN AUTHORIZATION
-flieTown represents that this Agreement has been duly authorized by the Town Board of-.the Town of
Southold,and that the officer executing this Agreement on behalf of the Town is duly authorized to do so,
G. INDEPENDENT CONTRACTOR
Contractor is an independent contractor and not an employee or an agent of the Town. Nothing in this
Agreement shall be construed to create a partnership,joint venture.,employment relationship,or an
t7 y
az
-enev between tile Parties.
7.GOVERN-ING LAW:VENUE
This agreement shall be"Yoverned by,and construed in accordance with the laws of the State of Nev�
L-
York,kvithout regard to its conflict of laws principles.Any dispute arising,tinder or relating to this
Agrcle(nent,shall be brought exclusively to the Suprerne Court of the State of New York. Suffiodlh-.Countv.
Or in the United States District Court for the Eastern District of New York.
S. ENTIRE AGREFIVIENNT.A-MENDMENTS
Th;s Agreement constitutes the entire agreement between the Parties with respect to its subject rnattc'r and
itipersedes all prior negotiations,representations,warranties,and understandims of th,, i)artics, vvh,=ther
writu-ni or oral with respect thereto.This Agreement may not be modified except by a written instrulnent
;J,gned by both Parties,
9,COUNURPAWIFS
This agreement may be executed in one or more counterparts,each of which ii-jaHbe 'n'-wd
ne,all of which together shall constitute one and the sarn o. M
shall be deemed ori.11inals for all purposes.
D
e date first��ritten ab,-A
IIN W11"MESSWERU01.the arlies have executed this qreement as of
'TOWN OF SOU OLD
B,
e(
Title' SUry peis jown of Southold
Date:
KENNEDY MARITENIE.LLC
By:
Name:
2-62-6