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Home My WebLink AboutVillage of Grnpt/Mitchell Park PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.monte fusco@t own.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Subject: Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney December 5, 2005 Mitchell Park Agreement I am enclosing an original, fully executed Municipal Cooperation Agreement between the Town of Southoid and the Village of Greenport in connection with the referenced matter for your records. I will retain an original in my file as well. I am also enclosing a copy of the Resolution authorizing the Supervisor to execute this Agreement. If you have any questions regarding this matter, please feel free to call me. Thank you. /Ik Enclosures MUNICIPAL COOPERATION AGREEMENT THIS AGREEMENT, made this _h"'-/(/(~ day of ~'~_¢ ~/~,,(, 2005, between the TOWN OF SOUTHOLD, Suffolk County, New York, hereinafter designated as the "Town", and the VILLAGE OF GREENPORT, Suffolk County, New York, hereinafter designated as the "Village". WlTNESSETH: WHEREAS, there exists within the Village a park (hereinafter "Mitchell Park") which presently includes, inte. r alia, an approximately four-acre waterfront park, carousel house, ice skating rink, amphitheater, camera obscura, dockmaster's house, harborwalk, and a major docking facility to accommodate visiting tall ships, military cruise ships, passenger ferried and up to 60 visiting recreational vessels; and WHEREAS, Mitchell Park serves as a valued community resource for the citizens of the Village, as well as all of the citizens of the Town, and serves as a central gathering place for Town residents to engage in park and recreational activities; and WHEREAS, the Town of Southold is duly authorized pursuant to Town Law §277 to collect funds and place them in trust to be used to meet the park and recreational needs of Town residents; and WHEREAS, the Office of the State Comptroller has expressed, in formal written opinions, that under certain circumstances a municipality may use such funds in trust for the construction, rehabilitation or expansion of park and recreational facilities in a neighboring municipality, pursuant to a Cooperation Agreement that satisfies certain conditions; and WHEREAS, the Board of Trustees for the Village has duly authorized the Mayor, David E. Kapell, to execute a Municipal Cooperation Agreement with the Town whereby the Village may submit to the Town requests for payment, reimbursement, or partial payment or reimbursement for capital improvements made to facilities located or the acquisition of facilities to be located, within Mitchell Park under terms conditions set forth herein; and WHEREAS, the Town Board of the Town of Southold has duly authorized Supervisor Joshua Y. Horton to execute a Municipal Cooperation Agreement with the Village whereby the Village may submit to the Town requests for payment, reimbursement, or partial payment or reimbursements for capital improvements and/or acquisitions made to facilities located within Mitchell Park including capital improvements and or acquisitions made prior to the date of the Town resolution approving this Cooperation Agreement, under the terms and conditions set forth herein; NOW, THEREFORE, the Town and the Village hereby agree to enter such a Cooperation Agreement for the provision of park and recreation facilities at Mitchell Park, upon the following terms and conditions: 1. The Town shall appropriate a total of $100,000.00 from its Park and Recreation Fund for the purposes of reimbursing the Village for Town-approved capital improvements and/or acquisitions to the recreational facilities at Mitchell Park (the "Projects"), including capital improvements and/acquisitions made prior to the date of the Town resolution approving this Cooperation Agreement, subject to the availability of appropriated funds that were collected prior to the date of the improvements and/or acquisitions, and the Town agrees to not unreasonable withhold its approval. The Town shall reimburse the Village for Projects which the Town and Village have agreed upon, which shall consist of capital improvements and/or acquisitions to the recreational facilities at Mitchell Park and which in total shall not exceed the appropriated amount. The Town and Village shall evaluate each Project based upon the criteda in this Cooperation Agreement, Town Law §277 and all applicable law regarding the use of such funds held in trust. The recreational facilities for which the Village receives reimbursement from the Town shall be located within Mitchell Park, and be readily accessible to all residents of the Town. The recreational facilities for which the Village receives reimbursement from the Town shall be operated and maintained by the Village during their useful life, and remain readily accessible to all Town residents during such time. The recreational facilities for with the Village receives reimbursement from the Town shall be in the nature of capital improvement or acquisition, and such funds shall not be used for operation and maintenance expenses of existing facilities. IN WITNESS WHEREOF, the parties have duly executed and delivered this Agreement the day and year first above written. TOWN//~/~ F SOUTHOLD loshua Y. Horton, Supervisor V%GE OF GREENP(~ ~¥- y,,.~,~.~-.~>~:~ /David E. Kapell, Mayor 4 STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) On this~, day of [~(:~, in the year 2005, before me personally appears JOSHUA Y. HORTON, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public KIERAN M, CORCORAN NO, 02C06119838 (~ ,~llf[.~l in ~ulfoIk County STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) On this'/~'day of~'~;~'~-~ , in the year 2005, before me personally appears DAVID E. KAPELL, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MAI~RIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 165 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 29, 2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Suoervisor Joshua Y. Horton to execute a Municioai Coooeration A~,reement between the Town of Southold and the Village of Greenoort wherein the Town will reimburse the Village for capital improvements to Mitchell Park up to an appropriated amount of $100,000, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan @town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kier an.corcoran@town.southold.ny.us LORI H1ULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY ]ori.monte fusco @town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD December 8, 2005 Joseph Prokop, Esq. Prokop & Prokop 175 Route 25A East Setauket, NY 11733 Re: Mitchell Park Agreement Dear Mr. Prokop: I am enclosing a fully executed original Agreement in connection with the referenced matter. An original Agreement will be retained in the Town Clerk's file and our file, respectively. If you have any questions, please feel free to call me. V4iefan M. Corcoran "~'s~stant Town Attorney KMC/Ik Enclosure cc: Members of the Town Board (w/o encl.) Ms. Elizabeth Neville, Town Clerk (w/encl. - original)c,-,~ Mr. John Cushman, Comptroller (w/encl.) Patricia A. Finnegan, Esq., Town Attorney (w/encl.) ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net RESOLUTION # 2006-89 Resolution ID: 1355 Meeting: Department: Categor.v: 01/03/06 04:30 PM Accounting Budget Modification THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-89 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 3, 2006: RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2006 bud,,et as follows: To: Revenues: A.2025.00 AI}oropriations: A.1620.2.500.600 A. 1620.2.500.650 Special Recreation Facilities Park & Playground $200,000.00 Buildings & Grounds, Capital Outlay Mitchell Park Project $100,000.00 Mattituck Park District Project Aldrich Lane Field $100,000.00 Elizabeth A. Neville Southold Town Clerk PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny, us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold,ny, us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Members of the Town Board From: Kieran M. Corcoran, Esq., Assistant Town Attorney Date: February 10, 2006 Subject: Mitchell Park Reimbursement Request/Cooperation Agreement Please see the attached backup provided by the Village of Greenport in support of its request for reimbursement of $100,000, as provided by the Municipal Cooperation Agreement between the Village and the Town. The Village is seeking reimbursement for capital expenditures associated with the building of the ice skating rink. This request appears to satisfy the requirements of the Agreement. With your approval, we will facilitate processing of this reimbursement request. Once this payment is made, the Town's obligations under this Agreement will be completely satisfied. KMC/Ik Enclosure cc: Ms. Elizabeth Neville, Town Clerk (w/end.) Mr. John Cushman, Comptroller (w/encl.) Patricia A. Finnegan, Esq,, Town Attorney (w/encl.) PROKOP & PROKOP ATTORNEYS AT LAW 17.5 ROUTE EAST SETAUKET, NEW YORK 11733 TELEPHONE (631) 751-7508 FACSIMILE (631) 751-7123 BY FACSIMILE TRANSMISSION TO: (631) 765-6639 February 8, 2006 Attention: Assistant Town Attorney Kieran M. Town of Southold P.O. ~o}: 1179 Seuthold, NY 11971 Corcoran RE: Mitchell Park Reimbursement Dear Mr. Corcoran: Attached please find a paid item-by-item list of completed construction on Mitchell Park by the general contractor - LoDuca Associates~ Inc. The Village is requesting that the Town provide the reimbursement of one hundred thousand dollars ($100,000.00), to be applied toward the cost of the ice rink - the costs of which are indicated on page 3 of 4, Item #91, totaling three hundred eighty one thousand dollars ($38],000.00). If not, perhaps the town would rather cover the cost of the zamboni, the costs of which are indicated on page 3 of 4, for seventy-one thousand dollars {$71,000.00) on Item #78, in addition to the misting field for sixty eight thousand six hundred ninety dollars($68,690), Item #90. Should the Town wish a certification that these costs have indeed been paid, please do not hesitate to contact the Village Clerk- Treasurer and she will gladly provide same. Please call me upon receipt of this letter to further discuss the timing of this reimbursement. Thank you for consideration. Joseph W. Prokop, Village Attorney Esq. Attachment CC: Mayor Kapell Board of Trustees Christie Hallock FEB-O7-888G 16:14 From:UILLF~C~E OF GF~EENPORI'631 47F 1E~77 \ FEB-07-2006 16:14 From:VILLAEiE. OF GREENPORT 6J1 4?7 18~ Io;bdirbi~l~J ~.~ FEB-07-2006 ,16:14 From:UILLAGE OF GREENPORI' 6D1 477 1877 ; o: 6~1751712j$ p. 5/9 F~B~07~2~6 1~:14 From:UILLAGE OF GREENPUWI b~l 4~/ 1~ Io:b~l~blKl~j p.G,g FEB~OT-200G 1G.:15 From:VILLAGE OF GREEHPURI b.51 q?~ 18~¢ Io:b..~lYSI¢IE5 p. Tx9 FEB:ST-~006 I~:IS From:VILLFtGE OF GREENPORT G31 477 1877 FEB_O?_~S ~6:15 From~uIkLt:~G'E OF GR~_~ENPOR! ~L~I 477 1877 Ck~:31983, Amt:$138,0 , Date:7/29/2005