Loading...
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