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HomeMy WebLinkAboutMattituck Park District ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE 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 thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 930 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 28, 2004: WHEREAS, the Town Board of the Town of Southold recognizes and appreciates the central role that the playing fields at Aldrich Lane in the Mattituck Park District play in providing a recreation and park outlet that is enjoyed by residents throughout the Town; and WHEREAS, capital improvements are necessary to the playing fields at Aldrich Lane in the Mattituck Park District that when complete will serve to further benefit all Southold Town residents; and WHEREAS, the Town of Southold has a dedicated fund that is designed to finance park and recreation projects that will benefit Town residents, the Town Board feels that a financial contribution to the Mattituck Park District of $100,000.00 from the Park and Playground Fund for certain capital ilnprovements meets without question the criteria for use of said fund; IT IS HEREBY RESOLVED, that the Town of Southold will appropriate such funds and allocate them for capital improvements to the olaving fields at Aldrich Lane in the Mattituck Park District; and BE IT FURTHER RESOLVED, that distribution of said funds will require the execution of a cooperation agreement with the Mattituck Park District, subject to the approval o£the Town Attorney~ which will specify, inter alia, the improvements to be funded by this appropriation and that the town will make payment of the specified improvements upon completion of work. Elizabeth A. Neville Southold Town Clerk PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan(o)town.southo[d.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran (¢town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco ~Otown.sou thold.ny.us JOSHUA Y. HORTON Supervisor Town ltall 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 28, 2005 Abigail A. Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road, P.O. Box 1424 Mattituck, NY 11952 RE: Mattituck Park District Agreement Dear Ms. Wickham: I am enclosing a fully executed original Municipal Cooperation Agreement between the Town of Southold and the Mattituck Park District for your records. We will forward our original fully executed counterpart of the Agreement to the Town Clerk for her records. We will retain a copy in our file. Thank you for your assistance regarding this matter. /Ik Enclosure CC: Very truly yours, Secretary to the Town Attorney Members of the Town Board (w/encl.) Ms. Elizabeth Neville, Town Clerk (w/encl.- original) Patricia A. Finnegan, Esq,, Town Attorney (w/encl.) MUNICIPAL COOPERATION AGREEMENT THIS AGREEMENT, made this~_~'~day of L0~o ¢_e.~ ~..( , 2005, between the TOWN OF SOUTHOLD, Suffolk County, New York, hereinafter designated as the "Town", and the MATTITUCK PARK DISTRICT, Suffolk County, New York, hereinafter designated as the "Park District". WlTNESSETH: WHEREAS, there exist within the Park District playing fields at Aldrich Lane (hereinafter "Aldrich Lane Fields") which presently includes, inter alia, an approximately 2-acre playing field, a ball field, and an accessory parking area, to accommodate soccer and softball/baseball uses; and WHEREAS, the Aldrich Lane Fields serve as a valued community resource for the citizens of the Town of Southold, and serve as a central gathering place for Town residents to engage in sporting events and park and recreational activities, for park purposes permitted by the Park District; 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 held 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 Town Board of the Town of Southold has duly authorized the Supervisor, Joshua Y. Horton, to execute a Municipal Cooperation Agreement with the Town whereby the Park District 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 the Park District under the terms and conditions set forth herein. NOW, THEREFORE, the Town and the Park District hereby agree to enter such a Cooperation Agreement for the provision of park and recreation facilities at the Aldrich Lane Fields, upon the following terms and conditions: 1. The Town shall appropriate a total of $100,000.00 from its Park and Playground Fund for the purposes of reimbursing the Park District for Town-approved capital improvements and/or acquisitions to the recreational facilities at the Aldrich Lane Fields (the "Projects"). 2. The Town shall reimburse the Park District for Projects which the Town and Park District have agreed upon, which shall consist of capital improvements and/or acquisitions to the recreational facilities at Aldrich Lane Fields and which reimbursements in total shall not exceed the appropriated amount. The Town and the Park District shall evaluate each Project based upon the criteria 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 Park District receives reimbursement from the Town shall be located within the Aldrich Lane Fields, and be readily accessible to all residents of the Town in accordance with the rules and regulations, including permit procedures, of the Park District. 4. The recreational facilities for which the Park District receives reimbursement from the Town shall be operated and maintained by the Park District during their useful life, and remain readily accessible to all Town residents during such time as set forth above. 5. The recreational facilities for which the Park District 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 O~ SOUTHOLD SEAL By: .(~,'./, ' B STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK) On this~_?~day of ~,~, in the year 2005, before me personally appeared 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 instrume~ ~ Notary Public ~A~BARA ANN ~UDDER STATE OF NEW YORK ) ) SS.: Quatlfied COUN~ OF SUFFOLK) Commileio. Ex~ire= Ap~114, ~- - On thi*~ day of ~ ~. in the year 2005, before me personally appeared~&A~ e. zogo~k/, known to me or proved to me on the basis of satisfacto~ 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~e instrument. 4