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HomeMy WebLinkAboutNYS Dept of AG & Mar... (2) ELIZABETH A. I~EVILLE TOIVN CLERK REGISTRAR OF V~T~ STATISTICS ~GE OFFICER RECORDS ~A~NT OFFICE~ F~EEDOM OF ~O~TION oFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1197~ Fax (631) 765-6145 Telephone ~6&t) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 29, 2001 Robert Bettcker Senior Budgeting Analyst State of New York Department of Agriculture & Markets Division o£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 for the period January 11, 2000 through March 31, 2003: Please return a fully executed copy to my office forfiling. Thank you for YOur assistance. Very truly yours, Elizabeth A. Neville Southold Town Clerk cc: Town Attorney Town Comptroller ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS M~NAGE3iIENT OFFICER FREEDO~I OF IN~OR3Z~TION 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. 280 OF 2001 WAS' ADOPTED AT THE REGUId~ MEETING OF THE SOUTHOLD TOWN BO~RD ON MARCH 27, 2001: RESOLVED that the Town Board of thc Town of Southold hereby authorizes and directs Superwsor Coc~an ro execute an agreement entitled "Agricultural and Farmland Protection Grant" contract number C800531 with the Department of Agriculture all in accordance with the Town Attorney. Elizabeth A. Neville Southold Town Clerk TO: 'FROM: DATE: RE: MEMORADUM ELIZABETH A. NEVILLE, TOWN CLERK GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY MARY C. WILSON, ESQ., ASSISTANT TOWN ATTORNEY~ MARCH 29, 2001 CONTRACTS, LEASES, & AGREEMENTS TRANSMI~-FED HEREWITH ARE THE FOLLOWING CONTRACTS TO BE FORWARDED TO THE OTHER PARTY FOR EXECUTION: AGRICULTURE & MARKETS FARMLAND PROTECTION GRANT (CONTRACT #C800531)- 5 ORIGINALS TO AG & MKTS THANK YOU FOR YOUR ATTENTION TO THESE MA~rERS. STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 1 WINNERS CIRCLE ALBAN'~ NEW YORK 12235 March 7, 2001 ¢518! 457-2080 Jean Cochran, Supervisor Town' Of Sout~)ld Town Hall, 53095 Main Rd., PO Box 1179 SO'Uthold, NewYork 11971 Dear Ms. Cochran: Enclosed for your review is the proposed Agricultural and Farmland Protection ..:lm~i-~e-~ tion Grant with this Department plus four copies of the signature page. .$28,704 is/being made available for this purpose. The term of your agreement is _~.a~a'~-l~, 2000 through 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 recerdkeeping and payment procedures. This section cannot be changed, nor can Appendix A which must be included in all State contracts. Before the contract can be considered .to be fully executed, this Department, the Attorney General and the Office of the State Comptroller must approve it. I w~ll send you a fully executed, complete copy once all 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 development rights or to obtain a conservation 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 all of the above.are accepted, you will be notified in writing that you may then submit a Standard Voucher to us at least 45 days pdor to the planned closing date, along with: a budget report detailing the proposed match, an executed purchase agreement with the landowner, an appraisal by a New York State Certified General Real Estate Appraiser, and a title policy ~nsunng the interest in real property being obtained for the Department's share of the purchase price. This will satisfy our concerns that the purchase pdce 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 ~t~ PRiNTEI) ON RECYCLED PAPER municipality is adequate to assure the land's preservation without unduly limiting a farmeYs ,fle×ib~lity in managing the land for a variety of agricultural promotion purposed, and thatyou 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 tha~ you can purchase the development dghts at a formal- closing~ Please send all report~ and vouchers to: NYS. Department of Agriculture & Markets 1 Winners Circle Division of Fiscal.Management, CIO Marilyn Davis Albahy, NY 12235 You only need to complete 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 municJpal code as yourtax identification number; iris 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 tie 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 Standam Voucher you submit to us. This identifier will appear on the check stub you receive and will enable your fiscal officer to propedy identify the check and deposit it into.the proper account. If the agreement is acceptable, have each of the five signature pages signed and notarized in the space provided. Return the entire grant, includin,q the five si.qnature pares, to the person indicated at the above address. Once alt 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, please complete and return the enclosed Contractor Information Checklist. Ypu 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, Ro'bert Bettcker Sen Or BUdgeting Analyst cc: M. Davis R. Somers AGREEMENT New York State Department of Agriculture and Markets I Winners C~Ycle Albany, NY 12235-0001 Agency Code 06000 AGRICULTURAL AND FARMI~AND PROTECTION IMPLEMENTATION GRANT STATUTORY AUTHORITY: Agriculture and Markets Law Article ?..SAAA Contractor Name/Project Sponsor:. Town of Southold correct Numbe~. C800531 Amount of Agreement: $28,704 Contract Pedod: 1/11/00 to 3/31/03 ~un',~a, Code: 47 03 7900 0000 Street: Town Hail, 53095 Main Rd., PO city: Southold Box 11'79 state: NY Zip: 11971 '~Billing Address (if different from above); St~'eet:. City: State: Zip: Title/Description of Project: Town of Southold Agricultural & Farm land Implementation Grant THIS AGREEMENT INCLUDES THE FOLLOWING: '[] Thi~ Coversheet [] Appendix A (Standard Clauses for ali New York State Contract) [] Appendix B (Project Budget) [] Appendix C (Award letter(s) .&, a portion of Applicant's proposal) [] Appe~ldix D (The.Department s Generel Conditions) [] Appendix 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 J If Increase/Decrease in Pu~ount: Previous Amount: $ Increase/decrease New Total: $ The Contractor and the' Depar terms and conditions co CONTRACTOR Signature of Contractor's Authorized Representative: Typed or Printed Name of Above Representative: Title ~ Authorized Repmsentalive: - t NO~ Publig: Pn ~his day before me personally appeared ~'~ ~,~ , , to me known, and known ~ me to be ~e same pemo~ ~kq,~e above inst~meht and duly ack~wLedaed ~,~'~,e. Affom~Ge~/~ ~mmJSsion bxpJre~ ¢u,,o ~-, ~ ~ment agree to be bound by the ~tained in this Agreement 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 certi~ that original copies of this signature page will be attached to all other exact copies of this contrect. Office of the State Comptroller: AGREEMENT New York State Department of Agriculture and Markets I Winners Circle Albany, NY '12235-0001 Agency Code 06000 AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION GRA~T STATUTORY AUTHORITY: Agriculture and Markets Law Article 25AAA Contractor Name/Project Sponsor. TOW~ Of Southold Contract Number. C800531 Amount of Agraement: $28,704 Contract Period: 1/11/00 to, 3/31103 Muni pa Code:47 03 7900 0000 Street: Town Hall, 53095 Main Rd., PO City: Southotd Box i '179 State: NY Zip: 11971 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: ~ This Coversheet [] Appendix A (Standard Clauses for all New York State Contracts) [] Appendix B (Project Budget) , [] Appendix C (Award letter(s) ~ a portion ofApplicant s proposal) [] A~pendix'.D (The Department s Ganerel Conditions) [] ,Appendix E (Federal Conditions) ~ Appendix F -Cooperative Agreement 73-2C31-8-440 ~ FOR AMENDMENTS CHECK THOSE THAT APPLY: ~E] ,~dditional Work If Increase/Decrease in Amount: Extension of Time From to [] In,crease Amount [] Decrease Amount [] ~enewal: __Remaining [] Rlevised Budget [] F~evised Scope of Work [] Other Previous Amount: $ Increase/decrease New Total: $ The Contractor and the Depot terms and conditions co CONTRACTOR Signature of Contractors Authorized Representative: Typed or Pdnted Name of Above Representative: Title of Authorized Representative: NO~PJ publig: .On Jhis d~y before me pe~on~lly ~pp~red ~ ~. ~ , to me known, and known to me to be the same per~n who executed the above instm~t an~u~knowledged the exec~on of the same. ~ ~ ~ ~RY C. WILSON A~omey G~era~ No. 02Wl6043236 Qualified in Suffolk Coun~ ~ ~mmi~ion ~pires ,June 1~ ~0~ znent agree to be bound by the ~tained in this Agreement 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 odginal copies of this signature page will be attached tc all other exact copies of this contract. Office of the State Comptroller: New York State Department of Agriculture and Markets l Winners Circle Albany, NY 12235-000t Agency Code 06000 AGRICULTURAL ~NI:) FARMLAND PROTECTION IMPLEMENTATION GRANT STATUTORY AUTHORITY: Agriculture and Markets Law Article 2$AAA. · Contractor Name/ProjectSponsor: Town of Southold Contract Number, C800531 Amount of Agreement: s28,704 Contract Period: 1111100 to 3/31103 Municipal Code: 47 03 7900 0000 ~Str~t Town Hall, 53095 Main Rd., RO city: SouthoId Sta~e: NY Zip: 11,971 :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: [] This C,oversheet []/~endix 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) E~] Ap~nd, ix E (Federal Conditions) ~ E~] A~pend]~ F -Cooperative Agreement 73-2C31-8-440 The Contractor and the Depar terms and conditions CO CONTRACTOR Signature of Contractor's Authorized Representative: Typed or Printed Name of Above Representative: [] Additional Work [] Extension of Time From to [] lncrease 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: $ Title of Authorized Representative: Notary Public. On,this day before me personally appeared ~'~Y~ ~/- I ~t~.[Al~ , to me known, and kh~wn to me to be the same person who executed the above instrun~{3t an(~l~ a/~nowledged the execution of the same. Attorney G(h:~al: '"- No. 02Wt6043236 Qualified in Suffolk County Corem ss on Exp rea June 12, merit agree to be bound by the ltained 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 certif3/that original copies of this signature page will be attached to all other exact copies of this contract. Office of the State Comptroller: New York State Department of Agriculture and Markets rWinners Circle Albany, NY 12235-0001 Agency Code 06000 AGRICULTURAL ~D FARM ~I~,ND PROTECTION IMPL~ENTATION GRANT STATUTORY AUTHORITY: Agriculture and Markets Law · ~/~rticle 25AAA. . Co.;.,u,J[orName/Project Sponsor: Town of Southoid Contract Number: C800531 Amount of Agreement: S28,704 Contract Period: 1/11/00 to 3/31/03 Mul~[cipal Code: 47 03 7900 0000 ~Stmat: Town Hall, 53095 Main Rd. PO city: Southold ~ox~i~?9 - state: NY zip: 11971 Billing Address {if different from above): Street: City.' State: Zip: TJt[e/Desc~riptJen of'Project: Town of Southold Agricul .h!~al & Farmland Implementation Grant , THIS AGREEMENT INCLUDES THE FOLLOWING: ~ This Coversheet · [] Appendix A (Standard Clauses for all New York State Contracts) [] Appeadix B (Project Budget) , [] Ap[os ,ndix C iAward errOr(s) & a portion of Appticant s proposa ) [] Appendix D (The Department's General Conditions) [] APPendiX E (Federal Conditions) · [] ~ppendix F ~Cooperative Agreement 73-2C31.8.440 The Contractor and the Depar terms and conditions ce CONTRACTOR Signature of Contractor's Authorized Representative: Typed or Pdnted Name of Above Representative: ~ FOR AMENDMENTS CHECK THOSE THAT APPLY: ~[~ Additional Work · If ncreAse/Decrease in Amount ~]~ Extension of Time From to Previous Amount' $ -] Increase Amount Increase/decrease ..... -'] Decrease Amount New Total: -] Renewa Rema!ning ~ Revised Budget :-I Revised Scope of Work -~ Other ' t~ent agree to be bound by the ntt/ted 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 witl be attached to all other exact copies of this contract. Office of the State :Comptroller, Title of Authorized Representative: Notary P,u~I)C: On this day before me personally appeared ,~-¢Ju~- ....~/P.~r/uq , to me known, an~ known to me to be the same person who executed the above instrument aJ~ cJ!~,y,,,3cknowledged the execution of the same· ~ MARY C. WILSON Attorney Ge,,~,al: ...... ' N~.-'~)~V~:~- ....... Qualified in Suffo k County ,,~ Comm ss on Expires June 12, AGREEMENT New York State Department of Agriculture and Markets ~ Winners Circle Albany, NY t2235-0001 Agency Code 06000 AGRICULTURA~ AND FAI~,MLAND PROTECTION IM PI~EM EN TATION~iGRANT STATUTORY AUTHORITY: Agriculture and Markets Law Article 2SAAA Contract Number: C800531 Amount of Agreement: $28,704 Co~tract Pariod: 1/11100 to 3/31'/03 uu~ctpa~ Code: 47 03 7900 0000 Contractor Name/Project Sponsor: Town of Southold Street;Town Hall, 53095Main Rd., PO city: Southold :Box~ 1'I,79 Billing Address fif different from above): Sti'e~ti City: State: Zip: T~tie/Descdption of'Project: Town of Southold Agricultural & Farmland Implementation Grant state: NY Zip: 11971 · T~IIS AGREEMENT INCLUDES THE FOLLOWING: [] This Coversheet [] ApDendix A (Standard Clausea for all New York State Conti'acts) [] 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) E~ Appendix F-Cooperative Agreement 73-2C3t~8-440 The Contractor and the Depar terms and conditions cc FOR AMENDMENT [] Additional Work [] Extension of Time From to [] Increase Amount  D ecrease Amount Renewal: __Remaining [] Revised Budget [] Revised Scope of Work [] Other Signature of Contractor's Authorized Representative: Previous Amount: $ Increase/decrease New Total: $ No, fy Pubh:c.: (~n th, is day before me personally appeared ~-P_Z~I~ ~,, I?~)~Y"/~.~v~ , to me known, and known to me to be the same person who executed the above ~-~ ~~------~"~ '~-~--'(~'-- -' MARY C. WILSON -- ,/'-?~.~_ ' Notary PubJic, State of Att om ~j.Ge/n e"fat: No, 02WI6043236 Qualified in Suffolk County Commission Expires June Typed or Pdnted Name of Above Representative: Title of Authorized Representative: CONTRACTOR NYS DEPARTMENT OF AGRICULTURE & MARKETS Signature of Authorized Officiak 01~ice of the State Comptroller: Date: Typed or Printed Name of Above Official: Title of Authorized Official State Agency Cedification: In addition to the acceptance of this contract. I also certify that odginal copies of this signature page will be attached to all other exact copies of this contract. CHECK THOSE THAT APPLY: If Increase/Decrease in Amount: [ment agree to be bound by the ltained in this Agreement ~/~W ¥0~( b~T~ COMTiL~CTS for ~m ~.U~-Y- ~' ~-~. ~ o~ ~ regul~mss'~oa ~- o?.ortuniti~ on t1~ projeot through lig/ng any stroh pos/~ons obtain o~et credits ~mm foreiga commies ~ a msu~ of this BUDGET - Town of Southold, Suffolk County State funding can be used to purchase the development rights on any of the properties listed below: )~ego~Road, C~tehogue. SCTI~ 095-01-004. 32+ acre~ of sod: · Cutchogue. SC'I'IvI~ 083-03-002. 12+ acres vf faltowland. SCTM~ 107-10-603 & 004. 32+ acres of Estimated cost = $320,000. G. ~2onway. Middle Road, Southold. 'SCTM~ 063`01`001.5. 8,5 acres of vegetables. cost = 5..Jk & S. ~eotc _Ma!~n Road, Cutchogue. SCT~ 102-02-023. 40+ acres of rye aad pam~r~.m Ag. Disuicc Estimated cost --.$450,000. 6. ~ Ernst &ors. Main Road. Southold. SCTI~ 056-01-011 & 056-03-0!3.3. 54 acres of fallowland. Estimated cost = $550,000. State Grant -Environmental Protection F~nd Clean Air/Clean Water Bond Act Local Mstch Cash In-Kind $ 28,704 $466,775 $140,160 $ 25~000 Total $660,639 George E. Pataki Governor SrATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS January 11, 2000 Na~an L Rudgers Commissioner Jean W. Cochran, Supervisor Town of Southold Town Hall 5~095 Main Road P~O.' BOx 1179 Southold~ .NY 11971 Dear Supervisor Cochran, ! am yery pleased to inform you that the~ Department of Agriculture and Markets has a~arded~~ the Town of Southold the sum ~5,479 to assist the Town in its farml.a, nd ~eservatlon'efforts. These funds may be u~sed ~ purchase development dghts or conservation easements on any ofthe properties you sul~mitt~ for cons deration under your Agdcu tura and Farmland Protection Implementation Grants application. Before the state funds can be provided for the purchase of easements or development r~hts on any of the approved properties, it willi:flrst 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 pdor 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 fac~tate 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 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 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 L. 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 1 Winners Circle · Albany, New York 12235 · Phone: (518) 457-8876 · Fax: (518) 457-3087 ~ printed on recycled paper JEAN W. COCttRAN SUPERVISOR Town ttall~ 53096 Main Road P.O. Box 1179 Southo]d, New York 11971 Fax ($16) 765-1823 Telephone (516) 7654~89 OFFICE OF THE I~UPERVISOR TOWN OF SOUTttOLD Pro|ect Title: Purchase of Development Rights of selected farmlands within the Town of Southold. Apph'eant: Town of Southold, Suffolk County, NY By: lean W. Cochran, Supervisor-Town ofSouthold Richard C. Ryan, Chairman ~ Town of Southold Land Preservation Comnz Address & Tel.~: Town Hall, 53095 Main Road PO Box 1179, Southold, NY 11971 Tel. (516) 765-1889 Fax (516~ 765- 1823 Amount Requested: Maximum available. Town funds presently available (via bonding) approximate $2 Million. Duration of Proiect: Commence August 31, 1999 E ..n~__(appr0x.) October 1, 20_00 ,.lEAN W. CO~l:trka2q SUPERVISOR Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax ~516) 7654823 T~elephone (516) 765~1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD Pro|ect S,ummarv 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 Agricultural and Farmland Protection Implementation Projects, to acquire the development rights to agriculanal properties. Said properties, which have been submitted by their owners to the Land Preservation Comm'rttee (LPC) of the Town of Southold for sale of such rights to the Town. The common characteristics of these properties and the community in which they are situated are described below. The plan under which the Town proposes to utilize its own, and other public funds, has been remewed and ~pproved by the' Suffolk County 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 years ago. The ensuing years have seen many changes, most noticeably population increases and the encroachment of home building, since the early 1950'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 pop_u!a~i0n, n~_ecaring 3 l~nllibh;-l~b~K~P~ff~'~V~a~d ~-ha~'de~rel0ped m°st'0t!the'farmlands 0fwestern Suffolk County and continued expansion into the eastern extremity as well Agricultural products are shipped to these populgted areas fi.om Southold Town, as'well as to other New England locations. A significant mount of farm produce is retailed from farm stands to local residents and totirists frequenting the Town. A large and thriving agricultural community exists in the Town, but its long:term viability remains threatened by pressures of land development. The Town compriges 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. 1, which encompasses about 5900 acres within town-boundaries. An infrastrocmre is inplace in eastern Suffolk COUnty, to support agricultural enterprises. Offices of theFarm Bureau, Cornell Cooperative Extension, farm credit agencies and farm equipment and supply dealers are in close preximity. Agricultural practices are ever evolving, with wine grapes, vegetables, nursery and greenhouse stock, and sod becoming production leaders. Current statistics indicate the following agricultural acreage and respective use, within the Town of Southold: 1820 acres: vegetables and fruits 1743 acres: vineyards 856 acres: potatoes 1503 acres.' fallowlands 763 acres: nursery and trees 665 acres: sod 954ac~es: hay, rye and other grains 16! acres: greenhouse uses 156 a~res: pastu?e 7.495 a~res - ToIaI Plan of World. Plannine Document: Recognizing the inexorable encrOachment of,development on farmland, 'and its attendant degradation to 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 outin Chapter 25 - Agricultural Lands Preservation, .of the Town Code (see Attachment UA"). Selex~ion of candidate farmland ~parcels for preservation is performed in accordance with 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 of thereby-preserved agricultural lands. Prior Activity:. In 1983,1987, 1991 and 1994, the Town of Southold voters approved bond issues, each for $1.75 Million and again in 1996, 1997 and 1998, each for $2. Million, to acquire farmland development rights in order to preserve important agricultural lands and the fanning economy, as well as other open spaces within the Town. Thusly represented ($13. Million) is the serious and dedicated commitment of the community to its,quality of life. Present Proiect: The commitment continues. The remalningavailable 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 certain 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 partners (basically, 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 funding. The LPC is also commencing out-reach, initiating a solicitations,of owner-applications from selected priority areas of importanf agricultural lands in the Town. , ~PUr/>hase Contract eXecutiOns area resp°nsi'0iiit;y oflegm counsel tO the respective parties. Evaluations and appraisal reviews are an initial task of the LPE, thereafter 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 contractually 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 Suecessful, committed protection Of its agricultural resources through purchase of development rights..The above- referenced project parcels attest to the fact there are willing farmland owners ready to sell such rights to the T~)wn, some of these project parcel owners may ult!mately choo~ not ~ sell, h0wever experience has Shown that moss purchases are accom?ished~.when pur~ edwith ~nc ~erfext effort. Generally,. the d~velop~en.t figt~ are now within a COst range ~f~$9,000. to $ ~ I;000. per a~re, with the pyep0nderance filte~i tgwards~e ~.gher end 0ft~e ra~. ge; rejecting the now-inflaffonarY influences of flae dev~elopmenffag~icul~ la~d-'raarket~in tile T°v~ Kev Personnel The process of review, recommendation, negotiation and contract/dosing, involves the Town Board, the Town Attorney, and the members of the LPC, specificalt~ Chairman: Richard C. Ryan, P.L.S.; Licensed real estate broker; Real Estate Officer (NYSDOT/DEC), retired. Members: ~ James Pim, P.E.; Suffolk County Department of Health Services (water quality) Noreen McKenna, Coop. Ed. Coord. - Southampton College; farmer. Kay Huntington, business administrator, retired. Fred Lee, member, Cornelt Coop. Extension Agricultural Program Advisory Committee; farmer. Reed Jarvis, vineyard manager. Joseph Krukoski, member - Suffolk County Farm Select Comm?'ttee; farmer. Budget Approximately $2. Million remains available in Town bond funds, for application to the acquisition costs associated with the above-referenced project parcels. Normal overhead expenses and ordinary soft costs, are anticipated as additions to the actual costs of development rights purchase. Present Status: A. Outstanding Offer-App!i~fi0hs: All project parcels herein listed have landowner applications for development rights purchase, currently submitted to the LPC~ These applications represent approximately 18Oaeres of productlve farm[and; having estimated development rights purchase-costs in excess orS1. 8. l¥lillion. B. Workin Progress: The above-referenced applications are in the process of review, appraisal and evaluation:by the LPC. Purchase offers for the development rights and further contract negotiations, are. forthcoming. C. Brief description and Status of Project Parcels (in priority order). Individual maps for each project are attached (Attachment "D"): (Q'.~'L R. Schreiber. Oregon Road, Cutchogue. SCTM# 095-01-004. 32+ acres of sod. ~2~t~ma~ed cost = $~20;000. ~ ' 2. tVI. Lieb. Oregon Road, Cutuhogue. SCTM# 083-03-002. 12+ acres offallowland. ~mated cost = $120,000.. ~,~,/ $. $. & C. Sid0r, ,Middle Road, Mattituck. SCTM# 107-10-'003 & .004~ 32+ acres of potatoes andrye; in Ag. District~ Estimated cost = $320.000. ~C),I~'- 4. G. Conway. Middle Road, Southold. SCTM# 063-01-001.5.8.5 acres ofvegetables. Estimated cost = $100,000. Ar~ ~ 5. J. & S. Scott. Main Road, Cutchogue. SCTM# 102-02-023.40+ acres of rye and t~p~sture; in Ag. District. Estimated cost = $450.000. 64 6. E. Ernst & ors. Main Road,' Southol& SCTM# O56-Ol-Ol l & O56-O3-0t3.3. 54 acres bffallowland. 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 Southotd 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 public hearing, prior to adoption. The management/monitoring of the terms of each easement, is currently a task of the LPC. Suffolk County Agricultural and Farmland Protection Board cJo Comell Cooperative Extension - Suffolk Coumy 246 Grilling Avenue. Riverheac~, NY 11901-3086 August 2, 1999 Marjorie Brague, Director D~vision of Fiscal Management NYS D.~t: Of Agriealmre ami Markets 1 Wiuners Circle Allmay~ New York 12235 Dear Ms. Brague: TheSuffolk County Agricultural arjc[ ~ara~land Prot~tioa Bo, ard met on August 2, 1999 to ~view the County propos~ for matiffai~g ~tate ftm~ for the ~uffolk County Agriculture and Farmland Protection Program and to revie~ proposals from tm~cipalities for State funds for their programs. The Town 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 Schmitt Chairman Suffolk County Agricultural and Farmland Protection Board APPENDIX 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 GrantAgreement and refl~ec~t. New York State's contract recordkeeping and payrhent procedureS. The~e general COndifi0ns 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 dghts, 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 Winner's Circle, Albany, NY 12235, Invoices, standard voucher§ 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. U pon 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 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 therei~ shall be unencumbered or,. if encumbered by outstanding or.reserved interests, the Contractor shalbensure that such e~ncumbrance Shal! not interfere with the agriCUltural, and farrfiland protection purpose for which the interest, therein ,is being acquired. The Contractor shal provide a title Poi cy and fit e insUrance at f.u~dS, 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 agreements to purchase 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 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. 2 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 Ag reement. PAYMENT,CONTINGENCY Funds for payment under this Agreement are provided to the Department through appropriations from the New York State Legislature. These~ apj3ropdations are madeon a fiscal year basis. New York's fiscal yearbegins on Apdl 1 of each catendaryear and ends on Mamh 31, of the following calendar year. Fun~ds for payments under to. the: by the~Conl 's~bject t,o appropriation or reappropdati~)n Of funds by s~bsequent fiscal year, FINANCIAL LIMIT. The financial limit of State appropriated funds under this Agreement is Twenty-eight Thousand Seven Hundred Four Dollars ($28,704) 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 separately state the rate of compensation on a per-hour or per-day basis. 3 FINAL 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 [or another to hold or maintain the interest in real 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 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 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 prevision 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 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 Agreem, ent, and hereby represents that no contract funds shall be expended directly or indirectly for any priVate or sectarian purpose~ CONTRACTOR NOT DEPARTMENT EMPLOYEE OR AGENT N~ither the Contractor, nor its agents, employees, suppliers or subcontractors shall be in= any way deemed to be employees or agents of the Department or &f. the sta[e of New York' in performing the Wbrk 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 giwng 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. ALIENATION OF DEVELOPMENT RIGHTS The Contractor shall notify the Department in writing if the Contractor proposes to alienate, m accordance with the procedur0 set forth in Chapter 25 of the Town Code. of the Town of Southold, any of the development rights pumhased under thfs Agreement: The Con,tractor shall reimburse to the Departr~ent any State funds used for the pumhaSe of any development rights which are subSequently alienated and reunited with the underlying fee rifle. MODIFICATION, This Agreement may not be modified unless such modificafion is, made in wdting, 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 u pon the Department unless and until approved by the Attorney General and the Comptroller of the State of New ,York. 6 gM-107 ~Re~. ~97) New York State '~ Department of Agricu~tuffe & MarketS Division of Fiseal Management I Winnem Circle Albany, NY ~2235 CONTRACTOR INFORMATION ·CHECKLIST CONTRACT NO. Business N ~'r,,e * Address Cr~y State- Zip - Phone Coatac~ Perscn Social Security, Federal ID or Mu n[cipel Code 0 [] [] [] [] SELECT ONLY ONE OF THE FOLLOWING Governmental or Quasi-governmental Agency New York Corporation Out of State Corporation Non-profit/Non-charitable Corporation (3)(4)* Nomprofit/Chadtable Corporation (3)(4)* Partnership, Individual COI~PLETE ONLY THOSE BLOCKS BELOW WHICH ARE APPLICABLE *L Date of ]ncerporafian 2. County t 3, State of incorporation 4. Authodz~ :'o do business in NewYork State 5- Chedfiea Registration Number 7. Reason f~-.Exemption (Refer to affached tJst) Yes [] No 6. E~empt 0 8. Parb~er Nr=-r~(s ) 9. Parmer Acorn. ss(es) 10. 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