HomeMy WebLinkAboutNYS Dept of Ag & Markets ELIZABETH A. NEVH J.E
TOWN CLERK
REG~ISTRA~ OF VITAL STATISTICS
~% ~E1 oFFICER
REcoRDS, iVIAI~AGE~N~ OFFICER
FREEDOM ~F IN~ION OFFICER
Town Halt, 53095 Msin Road
P.O. Box 1179
Southold, New York 11971
,Fax (631)765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF ~OUTItOLD
MAT3, 2001
Robert B.ottcker
Senior Budgeting Analyst
State of New York
Department of Agriculture & Markets
Division of Fiscal Management
Albany, New York 11235
Dear Mr. Bettcker:
I am transmitting to you four (4) signed signature pages for the proposed Agricultural and
Farmland Protection Implementation Grant #C800013 in the mount of $466,775. for the
period January 11, 2000 through March 31, 2003. Please return a fully executed copy to my
office for filing. Thank you for your assistance.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
cc: Town Attorney
Town Comptroller
ELIZABETH A. NEVILLE
TOWN CLERK
[~EGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax 631) 765-6145
Telephone (631) 765~1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 327 OF 2001
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON APRIL 26, 2001:
RESOLVED that thc Town Board of thc Town of Southold hereby authorizes and directs
Supervisor Cochran to execute a grant agreement with Agriculture and Markets for
contract number C800013, Town of Southold Agricultural and Farmland Implementation
Grant in the amount of $466,775 for thc contract term of ~anuary 11, 2000 through March 31,
2003 all in accordance with the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
STATE OF NEW YORK
D~PARTMEN¥ OF AGRiCULTUrE,AND MARKETS
ALBANY, ~N ~O~
[518} 457-2080
March 8, 2001
jean Cochran. Supervjs.or,,
Town of Sou~hOlr~
TOWn Hall, 5~8095 Main Rd., PO Box 1179
South id, NevcYork 11971
Bear' Ms. Cochran:
Enclosed for,your r,ev ew is the proposed Agricultural and Farmland Protection
Implementation ~!~'nt with this Department plus four copiesef the signature page.
$466,775'is being ~made available for this purpose. The term of your agreement is
January 1:1; 2006 t~rough March 31, 2003.
Please review the agreement carefully, particularly the section labeled "Appendix D -
General Conditions;" this refers to the administrative aspects of the grant and our
recordkeeping and payment procedures. This section cannot be changed, nor can
Appendix.A Which must be included in all State contracts.
Before the, cpr~traqt can be considered to be fully executed, this Department, the
Attorney G,'e~era[ and. the Office of th& state Comptroller must approve it. t will send
you:a f~lly e~ecCed, comp eta copy once a parties have approved it '
Payment will be made to you as follows:
~ At least 60 days before a. payment request is submitted to us, you must send
us the proposed agreement(s) to purchase the dev.elopment rights or to obtain a
conservatio~ easement, the monitoring plan and a copy of any subagreement
between your municipality and another entity to hold or maintain the interest in
real property;
~ If ail of,the above are accepted, you will be nOtified in wdting that you may
then submit a Standard Voucher to us at least 45 days prior to the planned
closing date, along with: a budget report detailing the proposed match, an
executed ~urchase agreement with the landowner, an appraisal by a New York
state Certified General Real Estate Appraiser, and a title policy in~uring the
interest in real property being obtained for the Department's share of the
purchase pnce. This will satisfy our concerns that the purchase price is
acceptable and supported by an expert appraisal, that clear title to the land has
been established, that the easement agreement between the landowner and the
municipality is adequate to assure the land's preservation without unduly limiting
a farmer's flexibility in managing the land for a variety of agricultural promotion
purposed, and that you have an appropriate plan in place to monitor and enforce
the provisions of the easement.
~ Once all the above have been satisfied, we will submit the voucher to the
Office of the State Comptroller. You will receive payment directly from the
Comptroller so that you can purchase the development dghts at a formal closing.
Please send all reports and vouchers to:
NYS Department of Agriculture & Markets
t Winners Circle
Division of Fiscal Management, CIO Marilyn Davis
Albany;NY 12235
You only need to cdmplete sections three through seven of the voucher. I have
enclosed a Standard Voucher for your use.
We are required by the Comptroller to use your municipal code as your tax identification
number; it is on the top dght of your contract. All payments will automatically be mailed
by the Comptroller's Office directly to your county's fiscal address on file with them
(usually the Treasurer's Office). Therefore, in order to ensure that your checks will be
deposited into the proper account when they are received in the fiscal office, you should
confer with your fiscal officer in advance and work out an identifying account number or
name to enter in block 5 (Ref/Inv. No.) of the Standard Voucher you submit to us. This
identifier will appea~ on the check stub you receive and will enable your fiscal officer to
properly identify the check and deposit it into the proper account.
If the agreement is acceptable, have each of the five signature pages signed and
ngtarized in the space provided. Return the entire ,qrant~ includin,q the five
s~_~C_ature pa.qles, to the person indicated at the above address. Once all parties
have approved the contract, we will send you a fully executed copy and will ask you to
send us the material described above.
Finally, ~¢_ase complete and return the enclosed Contractor Information
Checklist. You do not need to fill in the bottom portion of the form.
Feel free to call Marilyn Davis at (518) 457-6172 if you have questions about the
contract or voucher. Call Robert Somers at (518)457-2713 if you have technical
questions about your project.
Sincerely,
Robert Bettcker
Senior Budgeting Aha yst
cc: M. Davis
R. Somers
AGREEMENT
New York State
Department of Agriculture and Markets
I Winners Circle
Albany, NY 12235-000'1
Agency Code 06000
AGRICULTURAL AND FARMLAND PROTECTION
IMPLEMENTATION GRANT
STATUTORY AUTHORITY: Agriculture and Markets Law
Article 2$AAA
Contract Number:. C800013
Amount of Agreement: S466,775
Contract Period: 1/1 '1/00 to 3131103
Municipal Code: 47 03 7900 0000
Contractor Name/Project Sponsor: Town of Southold
Street: Town Hall, 53095 Main Rd., PO city: Southold
Box '1179
Billing Address (if different from above):
Street: City: State: Zip:
Title/Description of Project: Town of Southold Agricultural & Farmland Implementation Grant
State: NY Zip: I1971
THIS AGREEMENT INCLUDES THE FOLLOWING:
[] This Coversheet
[] Appendix A (Standard Clauses for all New York State
Contracts)
[] Appendix B (Project Budget)
[] Appendix C (Award letter(s) & a portion of Applicant's proposal)
[] Appendix D (The Department's General Conditions)
[] Appendix E (Federal Conditions)
[] Appendix F -Cooperative Agreement 73-2C31-8-440
FOR AMENDMENTS CHECK THOSE THAT APPLY:
[] Additional Work If Increase/Decrease in Amount:
[] Extension of Time
From to
[] Increase Amount
[] Decrease Amount
[] Renewal: __Remaining
[] Revised Budget
[] Revised Scope of Work
[] Other
Previous Amount:
Increase/decrease
New Total:
The Contractor and the Depar
terms and conditions co
CONTRACTOR
Signature of Contractor's Authorized Representative:
Date:
Typed or Pdnted Name of Above Representative:
Title of Authorized Representative:
Nots~y Public: On this d~y before me per~nal~ ~ppe~d
~ ~, ~y~n . [o me known and
known to me to be th~ same person who executed the above
instrume~i~ledged th~,exec~tioo ~the same.
No~blic, ~tate of NewYork ~~ ~
No. 02Wt6043236 ~ ~ I~ ~ ·
~~ras dune ~2, ~ ~ ~ ~
:ment agree to be bound by the
~tained in this Agreement
NYS DEPARTMENT OF AGRICULTURE &
MARKETS
Signature of Authorized Official:
Date:
Typed or Printed Name of Above Official:
Title of Authorized Official
State Agency Certification: In addition to the acceptance
of this contract. I also certify that edginal copies of this
signature page will be attached to all other exact copies
of this contract.
Office of the State Comptroller:
New Y(~rk state
Department of Agr culture and ~i~ets
I Winners Circle
Albany, Ny 12235-0001
Agency Code 06000
AGRICULTURAL AND~FAP~MLAND PROTECTION
· li~PLE MEN,;TATI~N~RA NT '
STATUTORYAUTHORITY: Agriculfl,re and Markets Law
Articl~ 25AAA
Contractor Name?PrOjectSponsor: Town of Southold
Contract Number: C800013
Amount of Agraement: s466,775
Contract Period:
Mu~.ici.~al Ccae.
1111/00 to 3/31/03
47 03 7900 0000
Street: TOWn: Ha11~53095 Main Rd., PO city: Southold
aox 1179
State: NY ~zip:.,1197~l
Billing Address (if different from above):
Street:
City: State: Zip:
Tide/Description of Project: Town of Southold Agricultural & Farmland Implementation Grant
: THIS.AGREEMENT INCLUDES THE FOLLOWING:
[] 'l~is Coversheet * .
[] Appendix A (Standard Clauses for all New York State
Contracts)
[] Appendix B,(Project Budget) ,
[] Appendix C (Award letter(s) & a portion of Applicant s proposal)
[] Appendix D (The Department's'General Conditions)
[] Appendi~ E (Federal Conditions)
[] Appendix F -Cooperative Agreement 73-2C31-8~440
[] Additional Work
[] Extension of Time
From to
[] Increase Amount
[] Decrease Amount
[] Renewal: __Remaining
[] Revised Budget
[] Revised Scope of Work
[] Other
FOR AMENDMENTS CHECK THOSE THAT APPLY:
If Increase/Decrease in Amount
Previous Amount: $
Increase/decrease
New Total: $
The Contractor and the Depar
terms and conditions co
CONTRACTOR
Signature of Contractor's Authorized Rep~esentat ve
Date: ~t~10[
Typed or Printed Name of Above Reeresentative:
Title of Authorized Representative:
N..~/~ry Public: On this day before me personally appeared
~. (tJ3'~.~YOJ~ , to me known, and
known to me to be the same person who executed the above
instrument and duly acknowied~.
Attorney General:
Qualifie~-'~ Sut~lk C"~l~1~.~
(3~ission Expires June'~/~T~
~ment agree to be bound by the
ntained in this Agreement
NYS DEPARTMENT OF AGRICULTURE &
MARKETS
Signature of Authorized Official:
Date:
Typed or Printed Name of Above Official:
Title of Authorized Official
State Agency Certification: In addition to the acceptance
of this contract. I also certify that original copies of this
signature page will be attached to all other exact copies
of this contract.
Office of the State Comptroller:
AGREEMENT
New York State
Department of Agriculture and Markets
I Winners Circle
Albany, NY 12236-0061
Agency Code 06000
AGRICULTURAL AND FARMLAND PROTECTION
IMPLEMENTATION GRANT
STATUTORY AUTHORITY: Agriculture and Markets Law
Article 25AAA
Contract Number: C800013
^mount of Agreement: 2466,775
Contract Period: 1/11100 tO 3131/03
Municipal Code: 47 03 7900 0000
Contractor Name/Project Sponsor: Town of Southold
Street: Town Hall, 53095 Main Rd., PO city: Southold
Box '1179
Billing Address (if different from above):
Street: City: State: Zip:
Title/Description of Project: Town of Southold Agricultural & Farmland Implementation Grant
state: NY Zip: 11971
THIS AGREEMENT INCLUDES THE FOLLOWING:
[~ This Coversheet
[] Appendix A (Standard Clauses for all New York State
Contracts)
[] Appendix B (Project Budget)
[] Appendix C (Award letter(s) & a portion of Applicant's proposal)
[] Appendix D (The Department's General Conditions)
[] Appendix E (Federal Conditions)
[] Appendix F -Cooperative Agreement 73-2C31-8-440
FOR AMENDMENTS CHECK THOSE THAT APPLY:
[] Additional Work If Increese/Decreasa in Amount:
[] Extension of Time
From to
[] Increase Amount
[] Decrease Amount
[] Renewal: Remaining
[] Revised Budget
[] Revised Scope of Work
[] Other
Previous Amount: $
Increase/decrease
New Totet: $
The Contractor and the Depar
terms and conditions co
CONTRACTOR
Signature of Contractor's Authorized Representative:
Typed or Printed Name of Above Representative:
Title of Authorized Representative:
Notary Public: .On this day before me personally appeared
~ ~J. ~.~.~Y'~['~ , to me known, and
known to me to be the s~e p~son ~o executed the above
instrument and d~y acknowl~ged t~ e~tion or,he same.
Attorney General: .~~w York
Qualifi¢ in Suffolk Cou~o~
Com~ssion ~ires June t2,~
lment agree to be bound by the
ntained in this Agreement.
NYS DEPARTMENT OF AGRICULTURE &
MARKETS
Signature of Authorized Official:
Date:
Typed or Printed Name of Above Official:
Title of Authorized Official
Office of the State Comptroller:
State Agency Certification: In addition to the,acceptance
of this contract, I aisc certify that original copies of this
signature page will be attached to all other exact copies
of this contract.
New York State
Department of Agriculture and ~kets
I Winners Circle
Albany, NY 12236-0001
Agency Code 06000
AGRICULTURAL: AN D FARMLAND PROTECTION
~ ~MP LEi~iENTATION,GRANT
lure and Markets Law
Contractor Name/Project Sponsor: TOwn of Southold
Contract Number: C80(~013
Amount of Agreement: S466,775
Contract Period: 1/1-~00 to 3/31/03
Municipal Code: 47~ 03 7900 0000
Main,Rd., PO
city: Southold
state:~NY zip[ 1;'1971
179
Billing Address (if different from above):
street:
City: State: Zip:
Title/Description of,project: Town of Southold Agricultural & Farmland Implementation Grant
THIS AGREEMENT INCLUDES THE FOLLOWING:
[]?his Coversheet
~:Appendix A (Standard Clauses for all NewYork State
C~ntracta)
~ Appendix B (Project Budget) ,
~Aj~pendix C (Award letter(s)& a portion of Applicant s proposal)
[] Appendix D (The Department's General Conditions)
RAppendix E (Federal Conditions)
[] Appendix F -Cooperative Agreement 73-2C31-8-440
FOR AMENDMENTS CHECK THOSE THAT APPLY:
[] Additional Work
[] Extension of Time
From to
[] Increase Amount
[] Decrease Amount
[] Renewal: __Remaining
~[~] Revised Budget
Revised Scope of Work
[] Other
If Increase/Decrease in Amount:
Previous Amount: $
Increase/decrease
New Total: $
The Contractor and the Depar
terms and conditions co
CONTRACTOR
Signature of Contractor's Authorized Representative:
Typed or Pdnted Name of Above Representative:
Title of Authorized Representative:
Notary Public: .On this day before me personally appeared
'F..}~/I J"~ U~. ~Id3J~ , to me known~ a~
known to me to be the same person who execut~ the above
instrument and duly acknowledged ~e execution of ~e same.
Attorney General:
~' Public, Stats'of I~w York
No. 02Wt60~3~3'6-
Mualifled in SuffoTk"County/t
~Jommfesion Expires June
trnent agree to be bound by the
ntained in this Agreement
NYS DEPARTMENT OF AGRICULTURE &
MARKETS
Signature of Authorized Official:
Date:
Typed or Printed Name of Above Official:
Title of Authorized Official
State Agency Certification: In addition to the acceptance
of this contract, I also certify that original cooies of this
signa{um page will be attached to all other exact copies
of this contract.
Office of the State Comptroller:
AGREEMENT
New York State
Department of Agriculture and Markets
I Winners Circle
Albany, NY 12236-0001
Agency Code 06000
AGRICULTURAL AND FARMLAND PROTECTION
IMPLEMENTATION GRANT
STATUTORY AUTHORITY: Agriculture and Markets Law
Article 2$AAA
Contract Number: CB00013
Amount of Agreement: S466,775
ContractPeriod: 1/11/00 to 3/31/03
Municipal Code: 47 03 7900 0000
Contractor Name/Project Sponsor: Town of Sou~hold
Street: Town Hall, 53095 Main Rd,, PO City: Southold
Box 1179
Billing Address (if different from above):
Street: City: State: Zip:
Titie/Descripf[on of Project: Town of Southold Agricultural & Farmland Implementation Grant
State: NY zip: 11971
THIS AGREEMENT INCLUDES THE FOLLOWING: FOR AMENDMENTS CHECK THOSE THAT APPLY:
If Increase/Decrease in Amount:
[] This Coversheet
[] Appendix A (Standard Clauses for all New York State
Contracts)
[] Appendix B (Project Budget)
[] Appendix C (Award letter(s} & a portion of Applicant's proposal)
[] Appendix D (The Department's General Conditions)
[] Appencfix E (Federal Conditions)
[] Appendix F -Cooperative Agreement 73-2C31-8-440
[] Additional Work
E~ Extension of Time
From to
[] Increase Amount
[] Decrease Amount
[] Renewal: __Remaining
[] Revised Budget
[] Revised Scope of Work
[] Other
The Contractor and the Depar
terms and conditions co
CONTRACTOR
Signature of Contractor's Authorized Representative:
Da~
Typed or Pdnted Name of Above Representative:
Title of Authorized Representative:
~ P~lic~ 00 this dsy before me peraon~lly ~ppe~re~
~. ~ , to me ~no~ ~nd
known ~o m~ lo be ~he 88me person who ~xe~d the ~bove
instrumen~ ~nd duly ~c~owled~ed the ~c~~ ~~~
No. ~Wl~6 -
~Quali~}n S~olk ~u~ ~
mission ~plras Ju~ 12, ~
Previous Amount: $
Increase/decrease
New Total: $
NYS DEPARTMENT OF AGRICULTURE &
MARKETS
Signature of Authorized Official:
Date:
Typed or Pdnted Name of Above Official:
Title of Authorized Official
State Agency Certification: In addition to the acceptance
of this contract, I also certify that original copies of this
signature page will be attached to ail other exact copies
of this contract.
Office of the State Comptroller:
:merit agree to be bound by the
~tai ned in this Agreement
r~on of race, crud, color, a,-~omml or~giu, a~, s~ ~
(~) ~ ~ ~g ~ ~y New Y~ S~ c~ ~o
~on i~ by i~is~:ed or ¢~diied ~ zemm r~l~
20. OlvI~N~BUS P~OCLrREMENT ACT OF I~92.' ~ is ~he policy
~fNew york S~te to ~ opponuni~ f~ ~he ~ardelpafion
Departraent of Economic DeVe~lmlen~
~ertmses is available fi'om:
DeIm~mm~ ~B~c D~
and subcon~,'ineiudhag eemffie~ minority aud women-
ovmed busLu~s ~nte~e% on th~ projec~ ~ud has mmiu~ the
BUDGET - Tow~ of Southold, Suffolk County
State funding can be used to purchase the development rights on any of~
the properties listed below:
t,,R,.. Sehr¢~ber? OregonRoad, Cutehogue, SCTM# 095~01-004. 32+ acres ofsq¢ t
Esfimate~ cost =~$320s000.
%M, Laeb. OregoaRoad, Cutchogue. SCTM~083-03-002. 12; acresoff~l~land.
Esfima~ ~g= $120,000.
. 3~: ~ ~flo~. M~fldie Roa~ ~ffi~c~ sC~ 107-10-003 ~ 0~, 32 a~ of
potdtoes~d ~e~n:~. Distfi~ Emim~ed cost = ~3'20,0~.
4,~Conway. ~ddld Road, Somhold. SC~ 063~1-00t.5. 8.5 acres of vegetables.
Esfima~efl e°~= $~00,000.
.~.~. ge~ ~ Ko~ Cutc~e. SC~ 102-02-023. 40+ acres of~e and
p~e~ ~ ~ Di~dt~ E~mated eo~= $450,000.
~. ~.~msg ~ ~; M~n Road, Sou~old SC~ 05&01-011 & 056-03-013.3.54 a~
State G~nt
Efl~ronmental Protection ~und
Cle~n~r/Clea~ Water Bond Act
Local Match
Cash
. lfi-K~d
$ 28,704
$466,775
$i40,160
$ 25~000
Total $660,639
George E. Pataki
Governor
STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
January 11,2000
Na~anL Rudgem
Commissioner
Jean W. Cochran, Supervisor
Town of Southold
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971
Dear Supervisor Cochran,
I am very pleased to inform you that the Department of Agdcutture and Markets has
awarded the Town of Southold the sum of $495,479 to assist the Town in its farmland
preservation efforts. These funds may be used to pumhase development dghts or conservation
easements on any of the properties you submitted for consideration under your Agricultural and
Farmland Protection Implementation Grants application.
Before the state funds can be provided for the purchase of easements or development
dghts on any of the.approved properties, it will first be necessary to develop a contract between
the Department and the Town. This contract must contain, at least, an agreed upon plan of
work and budget. Project expenditures, which occur prior to the 'approval of the contract by the
State Corc, 13troller, might not be reimbursed. Therefore. we strongly advise that you not incur
any expenditures for which state reimbursement will be sought until the contract is approved.
n order [o facilitate the timely development of a contract, I am requesting thdt you
identify the principal contact person with whom you would like us to work. Please provide this
information to Robert Somers who heads our Agricultural Protection Unit. He may be reached
by phone at 518-457-2713, by fax at 518-457-2716. or by mail in care of the Department's main
offices located at I Winnere Circle, Albany, New York 12235-0001.
The Department looks forward to working with you in preserving your valuable farmland
resources for agricultural production purposes now and in the future.
Sincerely,
NATHAN L. RUDGERS
Commissioner of Agriculture
and Markets Qf the State of New York
cc:
Richard C. Ryan, Chairman, Town of Southold Land Preservation Committee
Ken Schmitt, Chair, Suffolk County AFPB
1 Winners Circle ~ Albany, New York 12235 ~ Phone: (518) 457-8876 ~, Fax: (518) 457-3087
~ printed on recycled paper
~ Wo COCB~a~I
SUPERVISOR
Town Hall, 53095 !~aln Road
1~.O. Box 1179
Southold, New York 11971
Fax (516] 765-1828
Telephone (~;16) 765-1889
O~IC]~ OF.T~E S~UPERVl~OR
~ ~TOwlxT[ OF :~OUTIqO LD
Purchase of Dovelopmen~ Rights of selected farmtauds within ~he Town of
Southold.
Town of Southold, Suffolk County, NY
By:. ~lean W. Coohran~ Supervisor- Town of Southold
RJchsrd C. Rya~ Chairman - Town of Sou~.ho~d Land Preservation Comm.
Addre~ & TeI.~:_ ~wn ~ 53095 Main Road
PO Box 1179, Sou~hold~ NY 11971
T~. (5~76S-~SS9
F~-(5 t6) 765- ] 823
~e~ted.2, MaximUm available~ Towa funds presently available (via bonding)
approximate $2 I~lion.
Commence August 311 1999
End (approx_) October 1, 2000
~UPEI~r/50R
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1889
OFFICE OF THE SUPERVISOR
*TOWN OF SouTHOLD
Proiec/Summary
The Town of Southold proposes a cooperative effort under terms of the 1996 Clean
Water/Clean Air Bond Act and the I993 Environmental Protection Fund for Agricullmal- and
Farmland Protection Implementation Projects, to acquire the development rights.to agricultural
propalies. Said properties, which have been submitted by their owners to the Land Preservation
Committee (LPC) of the Tca~n of $outhold for sale of such' rights to the Town. The common
characteristics of these prap~tles and the community in which fl~y are situated are described
below. The plan under which the Town proposes io utilize its own, and other publicfunds, has
been reviewed and hpproved by the Suffolk County Farmland Protection Board, as required (see
Attachment "C").
Agr/_eulmre in/he Town of Sou/hold: The Town of Southold has been a farming c~mmunity
since les founding over 350 years ago. The ensuin8 years lmve seen many changes, most
noticeably population increases and the encroachment of home building, since the early 1950's.
The Town is located abwat 100 miles from the center of the New York metropolitan area and is
adjacent to the Long Island suburbs of New York City. This suburban population, nearing 3
Million, has been expanding eamvard and has developed most of the farmlands of western
Suffolk County and continued expansion into the eastern extremity as well. Agricultural products
are shipped to these populated areas from Southold Town, as.well as to other New England
locations. A:sigrdficant amount of farm produce is retailed from farm stands to local residents
an_d tourists frequenting the Town. A large and thriving agricnitural community exists in the
Town, but its long-term viability remains threatened by pressures of land development.
The Town comprises an area of about 34,000 acres, from Peconic Bay to Long Island
Sound, and contains over 10,200 acres of agricultural land. The Town is part of Suffolk County
Agricultural District No. I, which encompasses about 5900 acres within town-boundaries. An
infrastructure is in place in eastern Suffolk County, m support igricultural enterprises. Offices of
the Farm Bureau, Comell Cooperative Extension, farm credit agencies and farm equipment and
supply dealers are.in close proximity. Agricultural practices are ever evolving, with wine grapes,
vegetables, nursery and greenhouse stock, and sod becoming production leaders_
CtaxO~t st~srics indicate the full~ag ~ituml acreage and resp~ve ~g, wren
· e TO~ of S6uthold:
1820 a~es: vege~les ~d ~
1743 acr~: ~ey~&
856 acr~z pot~o~
t503 aer~: ~lowl~
76~ a~em nu~ ~d ~ees
665 ~ sod
954 a~:~hay, ~e ~d o~er ~s
H~n of Work
~ Recognizing the inexorable encroachment of development on farmland,
and RS a,,tondant deg~fon *o a rural chara~er and sense ofplae~ the Towa Board has pursued
a vigorous program ofAgri~Ru'al.Lands Preseoration. Loewi Law first established the o~Lrrent
LPC Lq 1983_ The tasks and goals of the Corm-nitres are gpolled out in Chapter 25 - Agrioulhwal
Lands Preservation, of the T 0~,m Code (see. Aliachrnent ~ A~). Selection of candidate farmland
~parcels for pres~ti0n is performed in accordance with Chapter'25 and a ~t of criteria
e~fabhshed by tlie LPC (see A/ffachrnent B ). Th~e fa~ors meet the qualif3dag thresholds of
S oas ¥or s ato and Law. Add,aery, the .own Code
de~dls PrOMbitions and resM~ions on m and/Or atiemltion ofthereby~pre.s~rved agrie~dmral
~ In I983,1987, 1991 and 1994, the Town of Soathold voters approved bond
issue% eamh for $1.75 Mi. Ilion:and again in 1996, 1997 and 1998, each for $2. Million, to .a~quire
farmland development fights in order to preserve important agricultural lands and the farming
ecoaomy~ a~ well as other open spaces within the Town. Thusly represented ($13. Mqlllon) is the
~efious and ded~mted commitment of the comnmnity to its quality oflifu.
~ The commitment continueD. The remaining available funds of the above-noted
approved bond referendums (approximately $2. Million) will be applied to the mats of
pui'dmsing the project parcels herein listed.
Further, the Town is working closely with third-party land trusts, in certain
instances, where other forms of easement and fee acquisition enhance the development rights
pumhase. Additionally, the Town Board is joining in partnership with Suffolk County, to jointly
share acquisition costs for contain projects deemed worthy of preservation. These approaches
effectively "leverage" more agricultural lands into preservation, at less cost to all partners
(basi,cally, the approach represented in this application).
The ongoing program will be conducted much in the same manner as in the
past. As will be shown heroi~ farmland-owner applications are in hand, which exceed.the level
of town funding presently available, if all were purchased. Additional applications are always
forthcoming. Itis expected this pattern will continue andmay accelerate dependent upon
economic influences, public awareness and funding. The LPC is also commencing om-reach,
initiating a solicitation of owner-applications from selected priority areas of important
agricultural lands in the Town.
T~/me~ble: Purchase Contract ~ecutions are a responsibility of legal counsel to the respe~ve
parties. Evaluations and appraisal reviews are an initial task of the LPC, thereafl~er approved by
by the Town Board and subject to a public hearing. Based on past experience, the funding
currently available (as supplemented by any grant award resulting from this application) is
expected to be disbursed or ~ontractually obligated by October, 2000.
Deliverables
The Town of Southold is ready to participate in this program with the State of New York
Department of Agriculture and Markets. The Town enjoys a history of successful, committed
protection Of its agricultural resources through.purchase of development rights. The above-
referenced project parcels attest to ifie fact there are willing farmland owners ready to sell such
rights to the Town. Some of these project parcel owners may ultimately choose not to sell,
however experience has shown that most purchases are accomplished, when pursued with
concerted effort. Generally, the development rights are now within a cost range of $9,000. to
$11,000. per aero, with the preponderance tilted towards the higher end ortho range, reflecting
the new-inflationary influences of the development/agricultural land market in the Town.
The process of review, recommendation, negotiation and contrac~closk~g, involves the Town
Board, the Town Attorney, arid tho members of the LPC, spe64fically:
Chairman: R/chard C. Ryan, ?.L.S.; Licensed real estate broker, Real Estate Officer
~ (NYSDOT/DEC), retired.
t~ember~: James ?ira, P~E.; Suffolk County Department of Health Services (water quality)
Nore~n McKenna, Coop. Ed. Coord. - Southampton College; farmer.
Ray Huntington, bas,ness administrator, retired.
Fred Le~ member ~ Cornell Coop. Extension Agricultural Program Advisory
Committ6e; farmer.
Reed Jan4s, vineyard manager.
Joseph Kmkosld, member- Suffolk County~Farm Select Committee; farmer.
~ndget.
Approximately $2. Million remains available in Town bond funds, for application to the
acquisition costs associated with tho above-referenced project parcels. Normal overhead
expenses and ordinary soR costs, are anticipated as additions to the atto. ai costs of development
rights purchase. --
A. Outstanding Offer-AppYw~ionr All proj~ ~reels he~e~n ~sted have
lando~er appli~a~ for development ~gh~ purc~, ~ently submi~ W ~e LPG
applic~ions ~p~ent ~ppro~mately I80 acr~ of p~u~ve fa~hnd; ha~ng ~imat~
~evelopment fights pu~s~ in ex~ of:$L~ ~
' ' ' ~ B. Wot ~ Pro~ess:~The~bov~m!eren~:,appli~tions ~e'in..the pro~s of
rcvie% appeal ~d' ~M~fion. by ~e ~C. P~ch~e off~s~for t~ devel~meflt fi~tS ~d
~r ~n~ n~o~fions, ~e fo~ung.
C. ~ddd~ion ~d $~s ofProje~ P~s (in pdofi~ order). ~div~duM
maps for ~ach proj~t ~e ~ched ()~c~ent "D"):
~ ~'L ~ Sch~eiber. Often Ko~ ~wh0~e. SC~ 095411-004. 32& a~es
Esfi~ted co~ =
f(~L ' 2. M. L/eh. Oyegon Road, Cuwhogue. SCTI~ 083-03-002. 12+ acres of fallo~land;
% {~7~mated cost = $120,000.
· fi ~,~, & & &C, Sidoro Middle Road, Malfituelc $CTI~ !0%10-003 & 004. 32+ acres of
~ potatoes and rye; in Ag. Diattict. Estimated cost = $320,600.
/ ~, .. ~ 4~ Go C~nway, ~Middle .... Road, Southold SCTM~ 063411 4101 5. 8.5 acres of vegetables.
E~mated cost =$100,000.
°~- tt~ ~ $. & & So Sco~ Main Road, Cmchogue. $CTMg 102-02-023.40+ acres of rye and
t-/pfiature; in Ag- District. E~mated cost = $450,000. -
6~ 4. ]go Ernst & om. Mah3 Road, Southold. SCTM.g 056-01-011 & 056-03-013.3.54 acres
bf fallowland. Estimated'mst = $550,000.
Other applications before the LPC, are not her~listed for reasons of current priority and funding
considerations.
g~e.ment~: the Town of Southold holds the development rights, in a dedicated' fashion and in
perpetuity, This fact is reflected in the title retained 'by the underlying fee owner'of the preserved
agricultural lands. Any proposed alteration in the terms of the town-held easement requires a
pu_bl~ hearing, prior m adoption. The management/monitoring of the terms of each easement, is
currently a task of the LPC.
Suffolk County Agricultural and Farmland PYotection Board
c/o Comeg Cooperative Emension - Suffolk Coutw/
246 Grfffing Avenue, River~eaa, NY 11901-3086
August2,1999
Marjorie Brague, Director
DNision of Fiscal Management
NYS Dept. Of Agriculture and Markets
I Winders Circle
Albany, New York 12235
Dear Ms. Brague:
The ~uffo~ County Agricultural.and Farmland Protection Board met 09 August :2, 1999 to
m~[ew ~e Co~ pmpos~ for matcl~, g $~am ~ for t~e SuffOlk Co.u~ Agriculture a~d
Fanulanc~ Protection Prograin and to 'r~v~e~ proposals from local munic~pahties for State funds
for their progl'ams~
The. Town of Southold's application w~s considered and the Suffolk Coun~ Agricultural and
Farmlond Protection Board voted to endorse the Town's gram applieafiom
Sincerely,
Kenneth Schmitt
ChaLrman
SinS'elk County Agricultural and Farmland Protection Board
APPENDIX D
Ne~v York State Department of Agriculture and ~/larkets
These ,generai~ · conditions· ~ ~ ~ app~y~ ~ ~o ~e. ad~inis~at~ve, ,, ~ asp~ec~ of the
G~s~ Ag~ee~p~,,~d ~ef~e~Ne~o~E. ~'s c~~ Ct m dkee"
.... ~ · .~. ~ . ~ ~ ~n and
payme~p~oc~ Th~e genera~n~[fi~s~ ~nnot be changed, -
PAYA~ENT
. ,.~.gPa~me.qt~Rf ....... state funds shall be made to the Contractor after~ approval of
thJ,s ~reemie~ft ~y the~ State Comptrolier upon the submission=~f.~a payment
requ~ {S~an~iard VOucher), an exelcuted pumhaSe agreement with the
landowner,, a bud et re or[ data,in the Contractor's atc ·
.. g P g ~ nl h. two copies of an
appraisal .b~ a I~ew York State Certified General Real Estate Appraiser, the
requ~ed tifi~ policy,, a copy of all subordination-agreements,"~d approved.
ease~en't ~r pu, mhase 'of development rights, a monitoring plan~, and' any
~greE~e~nt..~etw~en the Contractor and another to hold 0r~aintair~ ~he interest
ih teaFprop(~dy
The COntractor shall submit all requests for payment, reports and
suppo, rting documents to the following address: NYS Department of Agriculture
and Markats~ Division of Fiscal Management, I Winner's Cimle,, Albany, NY
12235. Invoices, standard .vouchers and any reports will not be considered
received by the'Department.and any interest which may be due the Contractor
will not begin to accrue until they have been received by the Division of Fiscal
Management.
Payment to the Contractor under this Agreement shall not be made
unless the Contractor shall have submitted to the Department a wdtten payment
request together with such information as required .by the Agreement. Payment
shall not be due until the 60th calendar day after receipt of the payment request,
where ;contract funds have been ,appropriated and made available to the
~epart~ent
Upon. examination of the Contractor's payment request and supporting
. material, the Department may, in its sole discretion, modify or adjust the amount
requested to reflect contract funds expended- as of the date of the request.
Subsequent'to its review and approval of the payment request, the. Department
will transmit the request to the Comptroller for payment.
The total payment made under this Agreement will not exceed the
Contractor's actual costsand expenses adsing from the completion of the work
under this Agreement.
T~TLE
The Contractor shall ensure that.the title to the lands or interests therein
shall be unencumbered or, if encumbered I~y outstanding or reserved interests,
the Contractor shall ensure that such encumbrance shall not interfere with the
agricultural and farmland protection purpose for which the interest therein is
being acquired. The Contractor shall provide a title policy and title insurance, at
a minimum, for the State's share of the interest in real property being obtained.
in the event of a failure of title, the Contractor will use the title insurance
proceeds towards the pumhase of an interest in another approved pamel
contained in Appendix C or reimburse the Department for the amount of State
funds paid.
The Contractor shall require that all easements or other interests in land
acquired under this agreement:
run with the land in Perpetuity;
2. prevent the land from being converted to non-agricultural uses;
3. require that all amendments to the approved easement be authorized
by the Department.
APPROVED AGREEMENTS AND [~ONITORING PLANS
The Contractor shall submit the proposed agreements to pumhase
development rights or to obtain a conservation easement, the monitoring plan
and any subagreement to hold or maintain-the interest in real property at least
sixty (60) days prior to the planned submission of the payment request for that
transaction. The Contractor and the Depa~ment shall negotiate the terms and
conditions of such agreements and monitoring plans, when necessary. The
Department shall advise the Contractor in writing when the agreen~ents and
monitoring plans have been approved. No funds available under this Agreement
shall be disbursed until the Contractor's agreements and monitoring plan have
been approved by the Department.
2
COMPLIANCE WITH LOCAL,.STATE AND FEDERAL LAWS
The Contractor is responsible for complying with all local, state and
federa laWs appJ Cab e t~.th~ wo~ Performed under this Agreement.
PAYMENT:CONTiNGENCY
this Agreement are Pr0vJded tothe Department
the New York State 12egjslature_ These
,..uuu-~ ~,,,u ~ year.
yea:r.
F~NANC~AL LI~IIT
The financial limit of State appropriated funds under this Agreement-is
Four Hundred Si×fy=si× Thousand Seven Hundred Seventy-five Dollars
($488,775) and the Department shall not be obligated to make any payment to
the Co~tractor in excess of that amount.
NONq0[JPLtCAT~ON OF PAYMENTS
The paymbnts received by.the Contractor under this Agreement shall not
duplicate' payments received from any 'other source for the work performed under
this Agreement. In the event of such duplication, the Contractor shall remit to
the D~par~ment the amount which duplicated payment received from other
sources.
SUgCONTRACTS
Any subcontracts under this Agreement shall be in writing and shall
clearly descdbe the goods or services to be provided and the total cost of such
goods or-services. Subcontracts for services only shall separately state the rate
of compensation on a per-hour or per-day basis.
F~NAL REPORT
Not later than thirty (30) days from completion of the work under this
Agreement, the Contractor shall file with the Department a final written report
including: a map depicting the location of properties where interests were
purchased; a copy of the recorded easement or purchase of development rights.
and any monitoring plans or agreements for another to hold'or maintain the
interest in real property; and a copy of the final budget showing project
expenditures,
P~ECORDS ~AINTENANCE, EXAMINATION AND RETENTION
The Contractor shall maintain records and accounts in specific detail to
identify all contract funds received and expended under this Agreement. The
ContractOr shall maintain a daily written record which contains the name(s) of
the officer(s) and employee(s) providing services under this Agreement and the
amount of time expende? upon such services.
The Contractor shall maintain the records required under this paragraph
as set forth in Appendix A to this Agreement.
iNDEmNiFiCATION
The C~ntractor agrees to indemnify and hold harmless the State of New
York and the Department from all liability ~ncurred by the Department for bodily
injury and personal property damages resulting from the negligent acts, errors or
omissions of the Contractor, its officers, agents or employees in the provision of
services under this Agreement. provided that the Department promptly notifies
the Contractor of any such claim and affords the Contractor an opportunity to
defend such claim and cooperates fully with the Contractor in the defense of
a'n)? claims.
~INOP~ITY AND WO~EN OWNED BUSINESS ENTERPRISE
For this Agreement the Department has established the following goals:
Minority business enterprises 1%
Women owned business enterprises 1%
4
NON-SECTARIAN PURPOSE
The ..Con~ractor shalJ not expend funds [ecei~ed under this Agreement for
any~ pu~'PO~ other 1hun for'performance of the work under ~this Agreement;: and
hereby r. epresen'ts:-that no, contract funds: ShalLbeexpended directly or indirectly
fo~"an-y Pdvafe o~:'sebtadan,;~,purpoSe.` -~ : L
CONTRACTOR NOT DEPARTMENT, EMPLOYEE OR AGENT
Neither the Contractor, nor its agents, employees, suppliers or
subcontractom shall be in any way deemed to be employees or agents of the
D~partmen~:,,or of the Slate 'of. New York in p~rforming the work under this
Agreemeht. ~
DEViATiON FROM WORK
The Contractor ~hall perform the work under this Agreement as set forth
in the application attached as Appendix C. Any substantial deviation from the
application shall require the prior written approval of the Department.
TER~NAT~ON
The Department may terminate this Agreement for convenience upon
giving thirty (30) days written notice to the other party. Upon receipt of such
notice from the Department, the Contractor shall immediately cease work and
prepare a statement of costs, expenses and non-cancelable commitments
incurred as of the date of such termination.
The Department may terminate this Agreement for cause upon giving
- one (1) day's wr'riten notice.
The Contractor's failure to perform in accordance with the terms of this
Agreement due to circumstances reasonably beyond the Contractor's control
should not constitute cause for termination pursuant to this provision. In the
event of such failure to perform, the Department may, at its option, either grant
the Co~tractor a specified period in which to correct its performance, or
terminate this Agreement in accordance with this paragraph.
ALIENAT~ON OF DEVELOPMENT RIGHTS
The Contrac[or Shall notify 'the Department in writing if the Contractor
proposes to alienate, in accordance with the procedure set fo[th in Chapter 25 of
the Town Code of the Town of Southold, any of the development rights
purchased under this Agreement. The Contractor shall reimburse to the
Department any State funds used for the pumhase of any development rights
which are subsequently aliena~ted and reunited with the underlying fee title.
~ODIFtCAT~ON
This Agreement may not be modified unless such modification is made in
writing, executed by the Department and the Contractor and approved by the
Attorney General and Comptroller of the State of New York.
NECESSAP~Y $~GNATURES
This Agreement shall not be binding and effective upon the Department
unless and until approved by the Attorney General and the Comptroller of the
State of New York.
f518 457-2080
~ * S~T~A~E OF NE,W YORK
'DEPARTMENT OF AGR~L"~URE AND MARKETS
1 WINNERS CIRCLE
ALBANY, NEW YORK 12235
July 16. 2001
Jean W. Cochran
Town of Southold
Town Hall. 53095 Main Rd., PO Box 1179
Southold, NY 11971
Dear Ms. 'Cochran:
Enclosed is a fplly-executed copy of you¢ Agricultt~ral and Farmland
lrfiple~h~tYt~lon G~nt ~lth-~h~s Department.
Sincerely,
Sean P. O'Bden
Contracts Manager
cc: M. Davis
~ ~INTED ON RECYCLED PAPER
AGREEMENT
New York State
Department of Ag riculture and Markets
I Winners Circle
Albany, NY 12235-0001
Agency Code 06000
AGRICULTURAL AND FARMLAND PROTECTION
IMPLEMENTATION GRANT
STATUTORY AUTHORITY: Agriculture and Markets Law
Article 25AAA
Contract Numbar: C800013
Amount of Agreement: $466,775
ContractPertod~ 1111100 to 3131/03
Uun~c,pa~ Code: 47 03 7900 0000
Contractor Name/Project Sponsor: Town of Southold
Street: Town Hal!, 53095 Main Rd., PO city: Southold
Box 1179
Billing Address (if different from above):
Street: City: State: Zip:
Title/Description of Project: Town of Southold Agricultural & Farmland Implementation Grant
State: NY Zip: 11971
THIS AGREEMENT INCLUDES THE FOLLOWING: FOR AMENDMENTS CHECK THOSE THAT APPLY:
If Increase/Decrease in Amount:
[] This Coversheet
[] Appendix A (Standard Clauses for all New York State
Contracts)
[] Appendix B (project Budget)
[] Ap,pendix C (Award letter(s) & a portion of Applicant's proposal)
[] _A'~pendix D (The Depar[ment's General Conditions)
[] A~olpendix E (Federal Cc~nditions)
[] ~ppendi× F -Coopei'ative Agreement 73-2C31-8-440
[] Additional Work
[] Extension of Time
From to
[] Increase Amount
[] Decrease Amount
[] Renewal: _Remaining
[] Revised Budget
[] Revised Scope of Work
[] Other
Previous Amount: $
Increase/decrease
New Total: $
The Contractor and the Depar
terms and conditions co
:ment agree to be bound by the
ltained in this Agreement
Signature of Contractor's Authorized Representative:
CONTRACTOR NYS DEPARTMENT OF AGRICULTURE &
MARKETS
Signatu Official:
Date: 5~¢,10t
i ~,~vS
Typed or Pdnted Name of Al~ov~ ~eprasentative:
Title of Authorized Representative:
Date:
Typed or Printed Name I
Ruth A. Moore
Title of Authorized Official
Notary____Public:. --On this day before me personally appeared
"~9.JCt ~,~. ('J~_.VtYO.~ , to me known, and
known to me to be the same person ~vho executed the above
instrument and duly acknowledge.
~rr~ssion Expires June
State Agency Certification: In addition to the acceptance
of this contract, I also certify that original copies of this
signature page will be attached to all other exact copies
of this contract.
Office of the State Comptroller:
BUDGET - Town of Southold, Suffolk County
State funding can be used to purchase the development rights on any of
the properties listed below:
L IL Schreiber. Oregon Road, Cutohogue. SCTM~ 095-01-004. 32+ acres of sod.
Estimated cost = $320,000.
2. M. Lieb. Oregon Road, Cutchogue. SCTM~ 083-03-002. t2+ acres of fallowland.
Estimated cost =$120,000~ . -
3. J, & C. Sidor, Middle Road, Mattituck. SCTM# t07-10-003 & 004. 32+ acres of
potatoes and rye; in Ag. District. Estimated cost = $320,000.
4. G. ConwaIt. ididdld Road, Southold. SCTM# 063-01-001.5. 8.5 acres of vegetables.
Estimated cost = $100,000.
5. J, & S. Scott; Main Road, Cutchogue. SCTM# 102-02-023.40+ acres of rye and
pasture; i'n Ag. District. Estimated cost = $450,000.
6. g. Ernst & ors. Main Road, Southold. SC'TM_~ 056-01-011 & 056-03-013.3.54 acres
of fallowland. Estimated cost = $550,000.
State Grant
Environmental Protection F~nd
Clean Air/Clean Water Bond Act
Local Match
Cash
In-Kind
$ 28,704
$466,775
$140,160
$ 25~000
Total $660,639
George E. Pataki
Governor
STATE OF NEW YORK
DEPARTMENT OF AGRICULTUREAND MARKETS
Janua~ 11 2000
Nathan L. Rudgers
Commissioner
Jean W. Cochran, Supervisor
Town of Southold
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 1197'1
Dear Supervisor Cochran,
I am very pleased to inform you that the Department of Agriculture and Markets has
awarded the Town of Southold the sum of $495,479 to assist the Town in its farmland
preservation efforts. These funds may be used to purchase development rights or conservation
(~asements on any of the properties you submitted for consideration under your Agricultural and
Farmland Protection Implementation Grants application.
Before the state funds can be provided for the purchase of easements or development
rights on any of the approved properties, it will first be necessary to develop a contract between
the Department and the Town. This contract must contain, at least, an agreed upon plan of
work and budget. Project expenditures, which occur prior to the approval of the contract by the
State Comptroller, might not be reimbursed. Therefore, we strongly advise that you not incur
any expenditures for which state reimbursement will be sought until the contract is approved.
In order to facilitate the timely development of a contract. I am requesting that you
identify the principal contact person With whom you would like us to work. Please provide this
information to Robert Somers who heads our Agdcultural Protection Unit. He may be reached
by phone at 518-457-2713, by fax at 518-457-2716, or by mail. in care of the Department's main
offices located at 1 Winners Circle, Albany, New York 12235-0001.
The Department looks forward to working with you in preserving your valuable farmland
resources for agricultural production purposes now and in the future.
Sincerely,
NATHAN I. RUDGERS
Commissioner of Agriculture
and Markets of the State of New York
CC:
Richard C. Ryan, Chairman, Town of Southold Land Preservation Committee
Ken Schmitt, Chair, Suffolk County AFPB
I Winners Circle ~ Albany, New York 12235 ~ Phone: (518) 457q~876 ~ Fax: (518) 457-3087
~ pdnted on mcyc{ecl pape~
JEAN W. COCHRAN
SUPERVISOR
Town Hall, 53095 Main Road
P.O. Box 1179
Southotd, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1889
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
,.l'roiect Title: Purchase of Development Rights of selected farmlands within the Town of
Southold.
Town of Southold, Suffolk County, NY
By:..rean W. Cochran, Supervisor - Town of SouthoM
Riohard C. Ryan, Chairman - Town of Southold Land Preservation Comm.
Address & Tel~: Town Hali, 53095 Main Road
PO Box 1179, $outhold, NY 11971
Tel. (516) 765-1889
Fax (516) 765- 1823
Amount Re uested: Maximum availabl~ Town funds presently, available (via bonding)
approximate $2 Million_
Duration of Project: Commence August 31, 1999
End (approx.) October 1, 2000
JEAN W. COCItRAN
SUPEi~VISOR
Town Hall, 53095 Main Ro~d
P.O. Box 1179
Southold, New York 11971
Fax ($16} 765-1823
Telephone (516} 765-1889
OFFICE OF TI:IE, SUPERVISOR
TOWN OF SOUTHOLD
Pro|oct Summary
The Town of Southold proposes a cooperative effort under terms of the 1996 Clean
Water/Clean Air Bond Act and the 1993 Environmental Protection Fund for Agricultural- and
Farmland Protection Implementation Projects, to acquire the development rights to agricultural
prope~ies. Said properties, which have been submitted by their owners to the Land Preserva~on
Committee (LPC) of the Town of Southold for sale of such' fights to the Town. The common
characteristics of these properties and the community in which they are situated are descn'bed
below. The plan under which the Town proposes to utilize its own, and other public funds, has
been reviewed and ~pproved by the Suffolk Coumy Farmland Protection Board, as required (see
Attachment "C").
Agriculture in the Town of Southold: The Town of Southold has been a farming community
since it's founding over 350 yesrs ago. The ensuing years have seen many changes, most
noticeably population increases and the encroachment of home building, since the early t950's.
The Town is located about 100 miles fi.om the center of the New York metropolitan area and is
adjacent to the Long Island suburbs of New York City. This suburban population, nearing 3
Million, has been oxpanding eastward and has developed most of the farmlands of western
Suffolk County and continued expansion ~nto the eastern extremity as well Agricultural products
are shipped to these populated areas from Southold Town, as-well as to other New England
locations. A signifieant amount of farm produce is retailed from farm stands to local residents
and tourists frequenting the Town. A large and thriving agricultural ~ommunity exists in tho
Town, but its~long-term viability remains threatened by pressures of land~ development_
The Town comprises an area of about 34,000 acres, from Peconic Bay to Long Island
Sound, and.contains over 10,200 acres of agricultural land: The Town is part of StLffolk County
Agricultural District No. 1, which encompasses about 5900 acres within town-boundaries. An
infrastructure is in place in eastern Suffolk County, to support agricultural enterprises. Offices of
the Farm Bureau~ Cornell Cooperative Extension, farm credit agencies and farm equipment and
supply dealers are in close,proximity. Agricultural practices are ever evolving, with wine grapes,
vegetables, nursery and greenhouse stock and sod becoming production leaders.
Current statistics indicate the following agricultural aerenge and respective use, within
the Town 0fSouthold:
1820 acres: vegetables and fruits
1743 acres: vineyards
856 acres: potatoes
1503 acres: fallowlands
763 acres: nursery and trees
665 acres: sod
954 acres: hay, rye and other grains
161 acres: greenhouse uses
156a~cr~: pasture~ . .
7,495 acres - Tot
Plan of Work
Planning Document: Recognizing the inexorable encreaehment of development on farmland,
and its attendant degradation v0 a rural character and sense of place, the Town Board has pursued
a vigorous program of Agricultural Lands Preservation. Local Law first established the current
LPC in 1983. The tasks and goals of the Committee are spelled out in Chapter 25 - Agricultural
Lands Preservation, of the Town Code (see Attaclunent "A"). Selection of candidate farmland
~parcels for preservation is performed in accordance v~th Chapter 25 and a set of criteria
established by the LPC (see Attachment "B"). These factors meet the qualifying thresholds of
Section 325 of the New York State Agriculture and Markets Law. Additionally, the Town Code
details prohibitions and restrictions on use and/or alienation ofthereby-preserved agricultural
lands.
~'rlor Activity: In 1983,1987, 1991 and 1994, the Town of Sonthold voters approved bond
issues, each for $1.75 Million and again in. 1996, 1997 and 1998, each for $2. Million, to acquire
farmland development fights in order to preserve important agricultural lands and the farming
economy, as well as other open spaces within the Town. Thusly represented ($13. M'glion) is the
serious and dedicated commitment of the community to its quality of life.
Present Pro~eet: The commitment continues. The remaining available funds of the above-noted
approved bond referendums (approximately $2. Million) will be applied to the costs of
purchasing the project parcels herein listed.
Further, the Town is working closely with third-party land trusts, in eeFafin
instances, where other forms of easement and fee acquisition enhance the development rights
purchase. Additionally, the Town Board is joining in partnership with Suffolk County, .to jointly
share acquisition costs for certain projects deemed worthy of preservation. These approaches
effectively "leverage" more agricultural lands into preservation, at less cost to all parmers
Coasieally, the approach represented in this application).
The ongoing program will be conducted much in the same manner as in the
past. As will be shown herein, farmland-owner applications are in hand, which exceed the level
of town funding presently available, if all were purchased. Additional applications are always
forthcoming. It is expected this pattern will continue and may accelerate dependent upon
economic influences, public awareness and trading. The LPC is also commencing out-reach,
initiating a solicitation of owner-applications from selected priority areas of important
agricultural lands in the Town.
.Timetable: PurChase ContrbXzt executions are a r6spbas'~bitity of legal counsel to tho'-respective
parties. Evaluations and appraisal reviews are an initial tast~ of'the LPC, there, a~r approved by
by the Town Board and subject to a public hearing Based on past experience, the funding
currently available (as supplemented by any grant award resulting'fromthis application)'is
expected to be disbursed or contractually obligated by October, 2000.
Deliverables,
The Town of Southold is ready to participate in this program with the State of New York
Dopar~ent of Agriculture and MarketS. The Town enjoys a history of successful, committed
protection 6f its agricultural resources throughpurchase of development rights. The above-
referenced project parcels attest to the fact thoro'are willing farmland owners ready to sell such
rights to the Town. Some of these project parcel owners may ultimately choose not to sell,
h~wever experience has shown that mo,st purchases are accomplished, when pursued with
concerted effort. GenCn~lly, ~he development rights are now within a ~:ost range, oF$9~000, to
$I 1,000. per acre~ witti the~preponderance tilted' towards ~he higherend~ofthe range;reflecting
the no w-inflationary influen0eS of'the development/agffeultu~al land market in the Towr~
Key Personnel
The process of review, reconunendation, negotiation and contract/dosing, involves the Town
Boazd, the Town Attorney, arid the members of the LPC, specifically:
Chairman: Richard C. Ryan, P.L.S.; Licensed real estate broker;, Real Estate Officer
~ (NYSDOT/DEC), retired.
Members: James Pim, P.E.; Suffolk Coun~r Department of Health Services (water quali~)
Norcen McKenna, Coop. Ed. Ccord. - Southampton Co/lege; farmer.
Ray I-~unting~on, business ad--r, retired.
Fred'Lee, member ~ Comell Coop. Extension Agricultural Program Advisory
Committee; farmer.
Reed Jarvis, v~neyard manager.
Joseph ICmkosld, member - Suffolk County Farm Select Committee; farmer.
Budget
Approximately $2. Million remains available in Town bond funds, for application to the
acquisition costs associated with the above-referenced project parcels. Norm_al overhead
expenses and ordinary soft costs, are anticipated as additions to the actual costs of development
rights purchase.
.Present Status:
A~ Outstanding Offer-Applications: All project parcels herein listed have
landowner aplSlications for development rights purchase, currently submitted to the LPC. These
applications represent approximately 180 acresof productive farmland; having estimated
development rights purchase-costs in excess of $1.8.
B. Work in Prog[ess: The aboye-referenced applications are in the process of
review, appraisal and evaluati0n, by the LPC. Purchase offers for the development fights ~ndr
further comet negotiations, are forthcoming.
C. Brief description and Status of Project Parcels (in priority order). Individual
maps for each project are attached(Attachment "D"):
'L lq, Schreiber. Oregon Road, Cutchogue 32+ acres of sod,
· . scm#095-0 -o04.
Estimated cost = $320,000, ' '
2. M. Lieb, Oregon Road, Cutchogue. SCTIvi~ 083-03-002. 12+ acres of faItowland.
~maled cost = $120,000; .
.
& & C. Sidor, Middle Road, Mattltudc SCTM//107-t 0'003 & 004. 32+ acres of
and rye; in Ag. Di~hiet. Estimated co~t= $320,000.
.rlm / 97~' 4, G, Conway. Middle. Road, Southold. SCTMg063-01-001.5. 8.5 acresofvegetables.
~ - Estimated cost = $100,000. .
A~ 5'&&S'Sc°tt'MalnR°ad,Cutch0gue-SCTM~102-02'023-40+acres°fryeand·
'l-/pKsture; in Ag. District. Estimated cost -- $450,000.
6~ 6. ~ E, rnst & ors. Main Road, Southold. SCTl~ O56-O1-011& O56-03-013.3. 54 acres
bf fallowland. Estimated'cost = $550,000.
Other applications before the LPC, are not here-listed for reasons of current priority and funding
considerations.
Easements: the Town of Southold holds the development rights, in a dedicated fashion and in
perpetuity. This fact is reflected in the title retained'by the underlying fee owner of the preserved
agricultural lands. Any proposed alteration in the terms of the town-held easemem requires a
public hearing, prior to adopfion~ The management/monitoring of the terms of each easement, is
currently a task of the LPC.
Suffolk County Agricultural and Farmland Protecffon Board
cio Cornell Cooperative Ex~ensien - Suffolk County
246 Grilling Avenue, Riverheac[. NY 11901-3086
August 2, 1999
Marjorie Brague, Director
Division of Fiscal Management
NYS Dept. Of Agriculture and Markets
1 ~W'mners Circle
Albany, New York 12235
De. ar Ms. Brogue:
The Suffolk County Agricultural ar/d~ .F~d'proteetio~gogrd met on August 2, 1999 to
r~iew aa, County rroposaj £or mat¢~!~SmefundS for the'auff, olt County ^griculvare and
Farmland Protection Program and to ie~ pmposal~ gram local municipalities for State funds
for their programs.
The. Toxvn of Southold's application was considered and the Suffolk County Agricultural and
Farmland Protection Board voted to endorse the Town's grant application.
Sincerely,
Kenneth Sehmitt
Suffolk County Agricultural and Fam,,land Protection Board
APPEND~ D
GENERAL CONDITIONS FOR
AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION
AGREEMENTS
New York State Department of Agriculture and Markets
These general conditions apply to the administrative aspects of the
Grant Agreement and reflectNew York State's. contract recordkeeping and
payment procedures, These general conditions cannot be changed.
PAYMENT
Payment of state funds shall be made to the Contractor after approval of
this Agreement by the State Comptroller, upon the submission of a payment
request (Standard Voucher), an executed purchase agreement with~ the
landowner, a budget report detailing the Contractor's match, two copies of an
appraisal by a New York State Certified General Real Estate Appraiser, the
required title policy, a copy of all subordination agreements, an approved
easement or purchase of development rights, a monitoring plan, and any
agreement between the Contractor and another to hold or maintain the interest
in real property.
The Contractor shall submit all requests for payment, reports and
supporting documents to the following address: NYS Department of Agriculture
and Markets, Division of Fiscal Management~ 1 Winne(s Circle, Albany, NY
12235. Invoices, standard vouchers and any reports will not be considered
received by the Department and any interest which may be due the Contractor
will not begin to accrue until they have been received by the Division of Fiscal
Management.
Payment to the Contractor under this Agreement shall not be made
unless the Contractor shall have submitted to the Department a written payment
request together with such information as required by the Agreement. Payment
shall not be due until the 60th calendar day after receipt of the payment request,
where contract funds have been appropriated and made available to the
Department.
Upon examination of the Contractor's payment request and supporting
material, the Department may, in its sole discretion, modify or adjust the amount
requested to reflect contract funds expended as of the date of the request.
Subsequent to its rewew and approval of the payment request, the Department
will transmit the request to the Comptroller for payment.
The total payment made under this Agreement will not exceed the
Contractor's actual costs and expenses arising from the completion of the work
under this Agreement.
TITLE
The Contractor shall ensure that the title to the lands or interests therein
shall be unencumbered or, if encumbered by outstanding or reserved interests,
the Contractor shall ensure ~that such encumbrance shall not interfere with the
agricultural ane farmland protection purpose for which the interest therein is
being acquired. The Contractor shall provide a title policy and title insurance, at
a minfmum, for the State's share of the interest in real property being obtained.
In the event of a failure of title, the Contractor will use the title insurance
proceeds t~a~ds the purchase of an interest iN another approved p~rcel'
contained 'i~Appendi× ¢ o~ reimburse the Department for the amount of State
funds paid~.
EASEMENT REQUIREMENTS
The Contractor shall require that all easements or other interests in land
acquired under this agreement:
1. run with the land in perpetuity;
2. prevent.the land from being converted to non-agricultural uses;
3. require that all amendments to the approved easement be authorized
by the Department.
APPROVED AGREEMENTS AND MONITORING PLANS
The Contractor shall submit the proposed agreemen{s to purchase
development rig hts or to obtain a conservation easement, the monitoring plan
and any subagreement to hold or maintain the interest in real property at least
sixty (60) days prior to the planned submission of the payment request for that
transaction The Contractor and the Department shall negotiate the terms and
conditions of such agreements and monitoring plans, when necessary. The
Department shall advise the Contractor in writing when the agreements and
monitoring plans have been approved. No funds available under this Agreement
shall be disbursed until the Contractor's agreements and monitoring plan have
been approved by the Department.
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COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS
The Contractor is responsible for complying with all local, state and
federal laws applicable to the work performed under this Agreement.
PAYMENT CONTINGENCY
Funds for payment under this Agreement are provided to the Department
through appropriations from the New York State ,Legislature. 'These
appr0pdat[~ns are made on a flsca year bas s 'New York s fi~scal year begin8 on
Apdl 1 of each calendar year and ends on March 31 'of the following calendar
year. Funds for payments under this Agreement were appropriated to the
~partment.dudng the 1999-2000 fiscal year and reappropdated during the
20010-20el fmcaJ year. Payment for work pursuant to this Agreement which is
completed or continued by the COntractor after the 2000~001 fiscal year s
subject to app[opr, iatibn or, reappropdation of funds by' the Legislature in each
sUbsequent fisca[~year.
FINANCIAL LIMIT
The financial limit of State appropriated funds under this Agreement is
Four Hundred Sixty-six Thousand Seven Hundred Seventy-five Dollars
($466;775) and the Department shall not be obligated to make any payment to
the Contractor in excess of that amount.
NON-DUPLICATION OF PAYMENTS
The payments received by the Contractor under this Agreement shall not
duplicate payments received from any other source for the work performed under
this Agreement. In the event of such duplication, the Contractor shall remit to
the Department the amount which duplicated payment received from other
sources.
SUBCONTRACTS
Any subcontracts under this Agreement shall be in writing and shall
clearly describe the goods or services to be provided and the total cost of such
goods or services. Subcontracts for services only shall separateiy state the rate
of compensation on a per-hour or per-day basis.
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FINAL REPORT
Not later than thirty ¢30) days from completion of the work under this
Agreement, the Contractor shall file with the Department a flnat written report
i~cluding: a map depicting the location of properties where interests were
purchased; a copy of the recorded easement or purchase of development rights
and any monitoring plans or agreements for another to t~old or'maintain the
interest in rea[ property; and a copy of the final budget showing project
expenditures.
RECORDS MAINTENANCE, EXAMINATION AND RETENTION
The Contractor shall maintain records and accounts in specific detail to
identify all contract funds received and expended under this Agreement. The
Contractor shall maintain a daJly written record which contains the name(s) of
the officer(s) and employee(s) providing services under this Agreement and the
amount of'time expended upon such services.
The Contractor shall maintain the records required under this paragraph
as set forth in Appendix A to this Agreement.
INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the State of New
York and the Department from all liability incurred by the Department for bodily
injury and personal property damages resulting from the negligent acts. errors or
omissions of the Contractor. its officers, agents or employees in the provision of
services under this Agreement, provided that the Department promptly notifies
the Contractor of any such claim and affords the Contractor an opportunity to
defend such claihn and cooperates fully with the Contractor in the defense of
any claims.
MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE
For this Agreement the Department has established the .following goals:
Minority business enterprises 1%
Women owned business enterprises 1%
4
NON-SECTARIAN PURPOSE
The Contractor shall not expend funds received under this Agreement for
any purposes other than for' performance of the work, under this Agreement. and
hereby rep~resents that no contract funds shall be expended directly or indirectly
for any private or sectarian purpose.
CONTRACTOR NOT DEPARTMENT EMPLOYEE OR AGENT
Neither the Contractor. nor its agents, employees, suppliers or
subcontractors shall be. in any way deemed to be employees or agents of the
Department or of the State of New York in performing the work under this
Agreement.
DEVIATION FROM WORK
The Contractor Shall perform the work under this Agreement as set forth
in the application attached as Appendix C. Any substantial deviation, from the
application shall require the prior written approval of the Department.
TERMINATION
The Department may terminate this Agreement for convenience upon
giving thirty (30) days written notice to the other party. Upon receipt of such
notice from the Department, the Contractor shall immediately cease work and
prepare a statement of costs, expenses and non-cancelable commitments
incurred as of the date of such termination.
The Department may terminate this Agreement for cause upon giving
one (1) day's written notice.
The Contractor's failure to perform in accordance with the terms of this
Agreement due to circumstances reasonably beyond the Contractor's control
should not constitute cause for termination pursuant to this provision. In the
event of such failure to perform, the Department may, at its option, either grant
the Contractor a specified period in which to correct its performance, or
terminate this Agreement in accordance with this paragraph.
5
ALIENATION OF DEVELOPMENT RIGHTS
The Contractor shall notify the Department in writing if the Contractor
proposest0 alienate, in accordance with the procedure set forth'in Chapter 25 of
the Town Code of the Town of Southold, any of the development rights
purchased under this Agreement. The Contractor shall reimburse to the
Department any State funds used for the purchase of any development rights
~/hich are'subsequently alienated anc~ reunited with the underlying re6 title.
JMODIFICATION
This Agreement may not be modified unless such modification is made in
writing, executed by the Department and the Contractor and approved by the
Attorney General and Comptroller of the State of New York.
NECESSARY SIGNATURES
This Agreement shall not be binding and effective upon the Department
unless and until approved by the Attorney General and the Comptroller of the
State of New York.
6