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HomeMy WebLinkAboutTB-01/07/1958M~ETING OF JANUARY 7, 19~8. The Southold Tov~ Board met at the office of Supervisor Norman E. Klipp at G~eenport~ on Tuesday, Jan. 7, 1958..The meeting was called to order at 1.30 P.M.~with th'e following present. Supervisor Klipp; Councilmen Albertson -nd Demarest; Justices Tuthill: and Clark! Supt. of Highways Price~ Town Attorney Tasker and Town Clerk Booth, The Board sat a~. 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 th~ Town of Southold continually form January l, 1948~ and WHERE~S~ Rensselaer G. Terry~ Jr. has rendered to the Town Board of the Town o:~Southold a mos~-valuable ~ervice, and in many cases Far beyond that ~hich~ is ~normally required oz a Town ~iAttorney, and WHERE~S; Rensselaer G. Terry~ Jr. has just recently been appointed as an Assis2ant~ttorney for Suffolk ~ounty, now, therefore, be it oSOL~ED:.:That the Town Board of the Town of Southold deeply regrets the OS~.i ~f'the services of Rensselaer G. Terry, Jr.~ as Town Attorney, but at %h9 ~mSe ~ime is extremely Pleased with his new appointmmnt and wishes him ~ery~:success in his new position, and be it further RES0~ED; .That a cooy of this resolution be spread upon the records of the ~n of SOuthol~ and a copy be sent Rensselaer G. Terry, Jr.. Vote of Town Board: Ayes-Supervisor Klipp$ Councilmen Aibertson and Demarest and Justices Tuthill and Clerk. Movediby Justice Clark; seconded by Councilmen Atbertson; RESQL~VE©: That the minutes of the meetin~ of December ~0 1ow~ be and hereby are duly approved as read, Voteii~fTown Board: Ayes-Supervisor Klipp;~6uncilmen Albertson and Demarest and JustiCes Tuthill and Clark, Moved bi.Councilman Albertso, n; seconded by Justice Clark: RESOL~E~. That .the regular ~onthly meetin~ of this Board will be held et tH~ $ffice of Supervisor Norman E. Kli~p at Greenport~ on Tuesday, Janu~ym2i~ 1958. at l:~O P,M. ~ Vo~ei$~[To*n Board: Aye~-~upervisor Klip~p; councilmen Albertson and emarest and JustiCes Tu~hill and Clark. Mow RES ( !9) A~ ilman Atbertson; seconded by Justice Tuthill: Supervisor Norman E. Klipp be designated to represent the old at the annual meeting of the Association of Towns of New York~ to be held at New York~ N.Y~on Feb. 10, ll. ~nd 12~ cast the vote of the aforesaid To~n pursuant to Section 6 of of t~he Constitution and By-Laws of said ASsociation~ and that Henry A. Clark be designated ~ as Alternate to cmst the vote Tolwn in t~e absence of Supervisor Klipp~ To~ BoaTG: Ayes-Councilmen Albertson & Demarest and Justices Tuthill.aa~ Mov~ in autt RES A!bertson; seconded by Justice Clark: Town Officials who desire to a~tend the Annual of Towns of the State of New York~ to be held on February lO~ lI and 12~ 1958~ be and they are hereby ~ and be it further necessary expenses incurred while attending said meet- against the Town. : Ayes-Supervisor Klipp; ~ouncilmen Albertson and Demarest and J~stices Tnthi!l and Clark. RES lng .Vote Tuthi!l; seconded by Jmmtice Clark: ~hat H~wsrd M. Terry, Building Inspector for the Town of South- ~reby is authorized to atten8 a school for Building by the Eastern S,t~t~s Building Officials Federation in York~ N.Y. Feb.-20~ ~hd~gt~ ~ 1958 and be it further ~ the neoessary expenses incurred while attending said meet- . 9harge against the Town~ . ~sF~. Supervisor Kl~p; .Councilmen Albertson and Demarest ayes an8 Justices Tuthill and Clark. Moved by. Councilman llbertson~ seconded by Councilman Demarest: RESOLVED. That all orgenizations 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; ~ouncilmen Albe'rtson and Demar- est and Justices Tuthill and Clark. Moved by JustiCe Clark$ seconded by Councilman Albertson; RESOLVED: That General Bills in the amount of $8~311.85; Lighting District Bills in the emount of $1~38.05; Fishers Island. Fer~y District Bills in the amount of $11~8~1.96 be and the same are nereoy ordered paid. Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and Demarest and Justices Tuthill and Clark. Moved by ~ouncilman "lbertson; seconded~by Councilman Demarest: RESOL'~ED:~Th~t the Pdlice report for the month of December is hereby approved by the Town Board and placed on file. Vote of Town Board: iyes~Supervisor Klipp; Councilmen ~lbertson and Demarest and Justices Tuthill and Clark. Moved by Councilman Albertson; seconded by Councilman Demarest: WHEREtS~ 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 PlannI$$ Board in its work and %rrIEREiS~ this is a large and valuable map composed of a real photograph and easily damaged'by handling and use~ and WTtEREIS~ an estimate of $197.00 Sas been received from G. W. Smith ~nd Sons to mount the said map on a ½ inch plywood backing~ with a glass front~ ~nd suitable mouldings ~nd fastenings so that it may be move from time to time as may be necess~y~ ~' 'e NOW, THERFORE~ BE IT R~SOLVED: That the Town.Board approve~ tn estimate of G. W. Smith & Sons to mount said map in suitable i~cati~n on south w~ll in hallway of TOwn Clerk's 0ffice~ OOuthold~ N.Y. and that Gi W. Smith & Sons be authorized to procede with the said project as per their estimate of cost. Vote of Town Board: ~yes-Supervisor Klipp; ~ouncilmen Albertson and Demarest and Justices Tuthill and Clark. C_APITAL NOTE 0__F~1958 Moved by Uouncilman Albertson; seconded by Justice Tuthill: BE iT RESOLVED: this 7th day of January~ 19~8~ by the Town of Southold~ Suffolk County~ New York~ as follows: Section l. That~ pursuant to the provisions of SectiOn 28 of the Local Fioance Law and Sections 6~ and 220 of the To~ Law~ for the purpose of paying the cost of purchase of real property for Town purposes~ which property is bounded~and des=ribed as follows: PARCEL 0N~: ALL that tract or parcel of land situate at Horton's Point~ in~~ Town'Of Southold~ Suffolk ~ounty~ 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 ~nument 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~ ~0 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 h~h water mark of Lon~ Island Sound~ ~nd parallel with the aforementioned southerly boundary along Hurricane Lane~ a private road~ ~0 feet~ more or less$ and thence turning a{ 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 %~ds~.~id~r'~r of Long Island Sound in front of and adjacent to said premises. TOGETHER with a right of way over land of Sara'L. Eyatt adjoining said premises on the south~ being a strip of land 25 feet in width constit- uting a private %~y known as Hurricane Lane~ for passage on feot and with vehicles to Hcr~on's Lane on the east. Being and intended to'be the same premises con~eyed by Sara L. Hyatt to Mae Halbauer by deed dated May 8th~ 19~l~ and recorded in the Suffolk County Clerk's Office on May 12~ 19~l~ in Liber 2161 og 4eeds at page ~98 and sub- ject to the covenants and restrictions therein containe~. 479 PARCEL TWO: ALL that tract or parcel of !and~ 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: BEGiINNING 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 (Liber 2161 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~ ~o ordinary highwater mark of Long Island SoundS 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; ru~uing thence in southeasterly direction along said land of Fischer~ and partly alang a right of way~ and partly along land now or formerly of Margmret D~ Fischer~ a distance of ~0 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 doe~ not render the title thereto unmarketable, 8UBJ~CT~ however~ to a right of way 25 Se~t in width hereto-fore granted to Mae Halbauer~ and ex~$nding along the southeasterly l~e of said laud of Halbauer a distance of 40 fe~t and along the direct'extension northeaster. ly thereof a distance of 40 fe~t and SUBJEC~ further to a right of way 20 feet in width heretofore granted to Margaret D, Fischer an8 others~ i~ediately adjacent to ~he southwesterly line of said land of Fischer and e~tending from the northwesterly line of Horton~s Laue northwesterly a distance of 150 feet~ more or less~ to the direct extension southwesterly of the sotuheasterly line of said land of Eugane Fischer~ SUBJECT to the same covenants ~nd restrictions as set f~rth 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 princi~pal sum of $~200o00 which is the maximum cost of _ such object or purpose~ which note sh~ll mature on February l~ 19~9~ 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~ consistant~ however~ with the provisions of said Local Finance Lew of the State of New York~ and shall be executed in the ~ame of the Town of Southold'by its Supervisor and ~the seal of said Town shall bea'~t~ached thereto. SECTION 3, That said note shall be sold ~t private sale by the Town ~upervmso~ at a price of not less than par value and accrued interest~ if any~ end upon due execution and sale of said note~ the same shall be delivered to the purchaser upon payment by ~im to the Town Supervisor ef the purchase price in cash~ and the receipt of such Supervisor shall be a full acquittance to such pruchase 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 York~ are pledged to the puncual payment of principal and interest on said note. SECTION 5, This resolution shall take effect immedistely, C Vote of Town Board: Ayes-Supervisor Klipp; ouncmxman Albertson; Justices Tuthill and Clark; Councilman Demarest~ Absent: E. Perry Edwards~ Justice of the PPeace. Noes-None, The Supervisor thereupon declared that the resolution was duly adopted, -~- ~iTED STATES OF AMERICA ] STATE OF NEW YORK i COUNTY OF SUFFOLK TOWN OF SOUTHOLD CAPITAL NOTE OF The Town of Oouthoid in the County of Suffolk~ a municipality of the State of New Y~rk~ hereby acknowledges itself indebted and for value received promises to p~y to the sum of THREE THOUSAND AND ~40 HUNDRED ($3~200~00) DOLLA RS~on the ls~ day of February~ 1959~ together with interest thereon from the date hereof at the rate of per centum ( %) per anu~m~ payable ao~ually, Bot~ the principal eEdand interest on this hove shall be paid in lawful money of the United States of America~ at the office of the Supervisor~ Greenport~ Suffolk County~ New Y~rk, The Town of Southold shall hav~ the privilege of pre-p~Ming the whole or any part of the unpaid balance of th~ principal sum at any time prior to maturity without penalty, h-8o 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 T~O HUNDRED ($3~2OO.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 resolutio~u entitled ~Capital Note Resolution" duly adopted by the Town Board of such To~ of Southold on January 7th~ 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~ ac~s and things required by the Constitution and statures of the State of New York to e×ist~ to have happened and to habe been performed precedent to and in the issuance of this note~ exist~ have happened and have been per- formed~ and that this note~ ~ogether with all ether indebtedness of such To~ 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 thi~ Note to be signed by its Supervisor~ and its Corporate Seal to hereunto affixed and attested by its Town Clerk~ ~nd this note to be dated as of the 7th day of January~ 19~8. Town Attest: Ralph P. Booth Town Clerk Town ~f Southold New York. Town of Southold~ New York BY Norman Eo Klipp SuperVisor