HomeMy WebLinkAboutNYS Ag & Farmland Protection ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
sour holdtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 374 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JUNE 21, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute New York State Department of Agriculture and
Markets Contract C800606 in connection with Agricultural and Farmland Protection
Implementation Grant in thc amount of $1,200,000 for the term March 18, 2005 through March
31, 2007, all in accordance with the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro@town.southold.ny.us
Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(corner of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold. NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
Memorandum
To'.
From;
Date:
Re:
Elizabeth A. Neville
Town Clerk
Melanie Doroski
Administrative Assistant
September 23, 2005
Contract No. C800606
Town of Southold - $1,200,000 grant
NYS Agricultural and Farmland Protection Implementation Grant
Betty:
Enclosed please find a fully executed Agreement between the New York State
Department of Agriculture and Markets and the Town of Southold for an Agricultural and
Farmland Protection Implementation Grant, Contract No. C800606, in the amount of
$1,200,000 for the period 3/18/05 to 3/31/07. Please enter said contact in LaserFiche.
I have also included a copy of Resolution No. 374 of 2005, adopted June 21, 2005,
that authorized and directed the execution of said document by Supervisor Horton.
Melanie
/ eric.
cc: Town Attorney w/page 1 of contract & resolution
AGREEMENT
· New York State
Department of Agriculture and Markets
10B Airline Drive
Albany, NY 12235-0001
Agency Code 06000
AGRICULTURAL AND FARMLAND PROTECTION
IMPLEMENTATION GRANT
STATUTORY AUTHORITY: Agriculture and Markets Law
Article 25-AAA
Contract Number:.
Amount of Agreement:
Contract Period:
Municipal Code:
C800606
$1,200,000
3118105to3131107
4703 7900 0000
Contractor Name/Project Sponsor:. Town of Southok
Street: 53095 Route 25 city: SOL
PO Box 1179
Billing Address (if different from above):
Street: City:
Title/Description of ProJect: Agricultural & Farmlam:
SEP 2 3 2005
DEPI OF LAND
PRESERVATION
Protection Implementau,
State: NY Zip: 11971
State:
)n Grant
Zip:
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 )
FOR AMENDMENTS CHECK THOSE THAT APPLY:
[] Additional Work
[] Extension of Time
From to
[] Increase Amount
[] Decrease Amount
[] Revised Budget
[] Revised Scope of Work
[] Other
If Increase/Decrease in Amount:
Previous Amount: $
Increase/decrease
New Total: $
The Contractor and the Department agree to be bound by the
terms and conditions cc ntained in this Agreement
CONTRACTOR NYS DEPARTMENT OF AGRICULTURE &
MARKETS
Signature of Co~ractor's Authorized Repr
Date: ~ 6/o'[~/05
Typed or Printed Name of Above Represe
Joshua Y. Horton
se~[~0VED AS T(
NYS ATTORNEY G
JUL ~ 5 2O
tative: STEPHEN J HEr
ASSOC lATE ATTC
~ur~
ENERAL
Date:
$ET. yped or
zed Officiah
3riZ/YRam~e:f Above Official:
Title of Authorized Representative:
Southold Town Supervisor
Notary Public: On this day before me pemonally appeared
Joshua Y. Horton , to me known, and
known to me to be the samej3.e~sqn who executed the above
in~stru~ly~a~k w~cution of the same.
~'t~: BARBARA ANN RUDDER
Notary Publl0, State of New York
No. 4855805
Ouelifled in Suffolk Counb/
Commllmlon Expires April 14, ~ (~
signature page
of this contract.
Title of Authorized Official
State Agency Certification: In addition to the acceptance
of ~is ~ntm~, I also ce~i~ ~at o~ginal copies of ~is
~ ~pies
iii be attached to all other ax
APPROVED
DEPT. OF AUDIT & CONTROL
r-OR ~ STATE C0MPlli0LI.ER
Approved: Alan
By:
/g
STA, NDARD CLAUSES FOR NYS CONTRACTS
The parties to the ar/ached contract, license, lease, amendment or
other agreement of any kind (hereinafter, "the contract" or "this
contract") agree to be bound by the following clauses which are hereby
made a pan of the contract (the word "Con~etor" herein refers to any
party other than ~he State, whether a contractor, licenser, licensee, lessor,
lessee or any other party):
1. EXECUTORY CLAUSE. In accordance with Section 41 of the
State Finance Law, the State shall have no liability under this conUact to
the Contractor or to anyone else beyund funds appropriated and
available for this contract.
2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of
the State Finance Law, this contract may not be ~signad by the
Conm~ctur or its right, title or interest therein assigned, transferred,
conveyed, sublet or otherwise disposed of without the previous consent,
in writing, of the State and any attempts to assign the contract without
the State's written consent are null and void. The CunUaetur may,
however, assign its right to receive payment without the Sune's prior
written consent unless this cuntrect concerns Certificates of Purtcipation
pursuant to Article 5-A of the State Finance Law.
3. COMPTROLLER'S APPROVAL. In accordance with Section 112
of the State Finance Law (or, if this contract is with the State University
or City University of New York, Section 355 or Section 6218 of the
Education Law), if this contract exceeds $15,000 (or the minimum
thresholds agreed to by the Office of the State Comptroller for certain
S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any
amount to a cunUact which, as so amended, exceeds said statuto~
amount, or if, by this contract, thc State agrees to give something other
than money when thc value or reasonably estimated value of such
considcratien exceeds $10,000, it shall not be valid, effective or binding
upon the State until it has been approved by the State Comptroller end
filed in his office. Comptroller's approval of contracts let by the Office
of General Services is required when such contracts exceed $30,000
(State Finance Law Section 163.6.a).
4. WORKERS' COMPENSATION BENEFITS. In accordance with
Section 142 of the State Finance Law, this contract shall be void end of
no force end effect unless thc Contractor shall provide and maintain
coverage during thc life of this contract for thc benefit of such
employees as arc required to be covered by the provisions of thc
Workers' Compensation Law.
5. NON-DISCRIMINATION REOUIREMENTS. To the extent
required by Article 15 of the Executve Law (also known as the Haman
Rights Law) and ail other State end Federal statutory end constitutional
non-diserimination provisions, thc Contractor will not discriminatc
against any employee or applicant for cmpinyment becausc of race,
creed, color, sex, national origin, sexual orientation, age, disability,
genetic predisposition or carder status, or marital status. Furthermore,
in accordance with Section .220..~ of the Labor Law, if this is a contract
for thc construction, alteration or repair of any public building or public
work or for the manufacture, sale or disUibutiun of materials, equipment
or supplies, and to thc extent that this conm~zt shall be performed within
the State of New York, Contractor agrees that neither it nor its
subcontractors shall, by reason of race, creed, color, disability, sex, or
nabunai origin: (a) discriminate in hiring against any Ncw York State
citizen who is qualified and available to perform the work; or (b)
discriminate against or intimidate any employee hired for thc
performance of work under this contrecL If this is a building service
contract as defined/n Section 230 of thc Labor Law, then, in accordance
with Section 239 thereof, Contractor agrees that neither it nor its
subcontractors shall by reason of race, creed, color, national origin, age,
sex or disability: (a) discriminate in hiring against any New York State
citizen who is qualified and available to perform the work; or (b)
discriminate against or intimidate any employee hired for the
Page I
performance of work under this conffecL Contractor is subject to fines
of $50.00 per person per day for uny violation of Section 220-e or
Section 239 as well as possible termination of this contract and
forfeiture of ail moneys due hereunder for a second or subsequent
violation.
6. WAGE AND HOURS PROVISIONS. If this is a public work
contract covered by Article 8 of the Labor Law or a building service
contract covered by Article 9 thereof, neither Cunuector's employees
nor thc employees of its subcontractors may be required or permiRed to
work more then thc number of hours or days stated in said statutes,
except as otherwise provided in thc Labor Law and as set forth in
prevailing wage and supplement schedules issued by the State Labor
Department. Furthermore, Contractor and its subcontractors must pay at
Icust thc prevailing wage rate and pay or providc thc prevailing
supplements, including thc premium rates for overtime pay, as
datennined by thc State Labor Deportment in accordance with thc Labor
Law.
7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordence
with Section 139-d of the State Finance Law, if this contract was
awarded based upon the submission of bids, Contractor afftrms, under
penalty of perjury, that its bid was arrived at independently and without
collusion aimed at restricting competition. ConWaetor further I~'lrms
that, at the time Conh-actor submitted its bid, an authorized and
responsible person executed and delivered to the State a non-collusive
bidding certification on Contractor's behalf.
S. INTERNATIONAL BOYCOTT PROHIBITION. In accordance
with Section 220-f of the Labor Law and Section 139-h of the State
Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a
material condition of the contract, that neither the Contractor nor any
subsmatially owned or affiliated person, firm, partnership or corporation
has partcipated, is participating, or shall participate in an international
boycott in violation of the federal Export Adminisuatien Act of 1979
(50 USC App. Sections 2401 et seq.) or regulations thereunder. If such
Contractor, or any of the aforesaid affiliates of Contractor, is convicted
or is otherwise found to have violated said laws or regulations upon the
final determination of the United States Commerce Department or any
other appropriate agency of the United States subsequent to the
contract's execution, such contract, amendment or modification thereto
shall be rendered forfeit and void. The Contractor shall so notify the
State Comptroller within five (5) business days of such conviction,
determination or disposition of appeal (2NYCRR 105.4).
9. SET-OFF RIGHTS. The State shall have all of its common law,
equitable end statutoo' rights of set-off. These rights shah ineluds, but
not be limited to, the State's option to withhold for the purposes of set-
off any moneys due to the Contractor under this contract up to any
amounts due and owing to the State with regard to this contrac~ any
other contract with any State deparanent or agency, including any
contract for a term commencing prior to the term of this contract, plus
any amounts due and owing to the State for any other reason including,
without limitation, tax delinquencies, fee delinquencies or monetary
penalties relative thereto. The Stale shall exercise its sst-off rights in
eccordence with normal State practices including, in cases of set-off
pursuant to an audit, the finalization of such audit by the State agency,
its representatives, or the State Comptroller.
10. RECORDS. The Contractor shall establish and maintain complete
and accurate benks, recurds, documents, accounts and other evidence
directly pertinent to performance under this contract (hereinafter,
collectively, "the Records"}. The Records must be kept for the balance
of the calendar year in which they were made and for six (6) additional
years thereafter. The State Comptroller, the Attorney General and any
other person or entity authorized to conduct an examination, as well as
the agency or agencies involved in this contract, shalI have access to the
Records during normal business hours at an office of the Contractor
September, 2004
within the State of New York or, if no such office is available, at a
mutually agreeable add reasunablc venue within the State, for the term
specified above for the purposes of inspection, auditing and copying.
The Ste~e shall take reasonable steps to protect f~m public disclosure
any of thc Records which are exempt fi.om disclosure under Section 87
of thc Public Officers Law (thc "Statute") provided that: (i) thc
Contractor shall timely inform an appropriate State official, in writing,
that said records should not be disclosed; and (ii) said records shall be
sufficiently identified; and (iii) designation of said records as exempt
under thc Statute is reasoanblc. Nothing contained herein shall
diminish, or in any way adversely affect, thc Steta's right to discovery in
any pending or futore litigation.
11. IDENTIFYING INFORMATION AND PRIVACY
NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION
NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. Ali
invoices or New York State standard vouchers submitted for payment
for the sale of goods or services or the lease of real or personal property
to a New York State ageacy must include the payee's identification
number, i.e., the seller's or lessor's identification number. Thc number is
either thc payee's Federal employer identification number or Federal
social security number, or both such numbers when thc payee has both
such numbers. Failure to include this number or numbers may delay
payment Where the payee does not have such number or numbers, thc
payee, on its invoice or New York State standard voucher, must give the
reason or reasons why the payee does not have such number or numbers.
CO) PRIVACY NOTIFICATION. (1) Thc authority to request thc
above personal information fi.om a seller of goods or services or a lessor
of real or personal property, and thc authority to maintain such
information, is found in Section 5 of the State Tax Law. Disclosure of
this information by the seller or lessor to the State is mandatory. The
principal purpose for which the information is collected is to enable the
State to identify individuals, businesses and others who have been
delinquent in filing tax returns or may have understated their tax
liabilities and to generally identify persons affected by the taxes
administered by the Commissioner of Taxation and Finance. The
information will be used for tax administration purposes and for any
other purpose authorized by law.
(2) The personal information is requested by the purchasing unit of the
aganey eoatracting to purchase the goods or services or le~se the real or
personal property covered by this contract or lease. The information is
maintained in New York State's Central Aecountiag System by the
Director of Acoounting Operations, Office of the State Comptroller, 110
State Street, Albany, New York 12236.
12. EQUAL EMPLOYMENT OPPORTUNITIES FOR
MINORITIES AND WOMEN. In accordance with Section 312 of the
Executive Law, if this contract is: (i) a written agreement or purchase
order instrument, providing for a total expenditure in excess of
$25,000.00, whereby a contracting agency is committed to expend or
does expend funds in return for labor, services, supplies, equipment,
materials or any combination of the foregoing, to be performed for, or
rendered or furnished to the contracting agency; or (ii) a written
agreement in excess of $100,000.00 whereby a contracting agency is
committed to expend or does expend funds for thc acquisition,
constructinn, demolition, replacement, major repair or renovation of real
property and improvements thereon; or (iii) a written agreement in
excess of $100,000.00 whereby the owner of a State assisted housing
project is committed to expend or does expend funds for the acquisition,
const~'uctinn, demolition, replacement, major repair or renovation of real
property and improvements thereon for such project, then:
(a) The Contractor will not discriminate against employees or
applicants for employment because of race, creed, color, national origin,
sex~ age, disability or marital status, and will undertake or continm
existing prograras of affirmative a~rion to ensure that minority group
members and women are afforded equal employment opportunities
without discrimination. Affirmative action shall mean recruitmeat
Page 2
employment, job assignment, promotion, upgradings, demotion,
transfer, layoff, or termination and rates of pay or other forms of
compensation;
Co) at the request of thc contracting agency, the Contractor shall request
each employment agency, labor anion, or authorized representative of
workers with which it has a collective bargaining or other agreement or
understanding, to furnish a written statement that such employment
agency, labor union or representative will not disudminate on the basis
of raue, creed, color, national origin, sex, age, disability or marital status
and that such union or representative will affmnativaly cooperate in the
implementation of the contrauto~s obligations berein; and
(c) the ConU'aetor shall state, in all solicitations or advertisements for
employees, that, in thc performance of thc State contract, all qualified
applicants will be afforded equal employment opportunities without
disefiminabun because of race, creed, color, national origin, sex, age,
disability or marital status.
Contr~tor will include the provisions of "a", "b", and "c" above, in
every subeonUaat over $25,000.00 for the construction, demolition,
replacement, major repair, renovation, planning or design of real
property and improvements thereon (the "Work") except where the
Work is for the beneficial use of the CunUactor. Section 312 does not
apply to: (i) work, goods or services unrelated to this contract; or (ii)
employment outside New York State; or (iii) banking services,
insurance policies or the sale of securities. The State shall consider
compliance by a contractor or subcontractor with thc requirements of
any federal law concorning equal employment opportunity which
effectuates the punpose of this section. The contracting agency shall
determine whether the imposition of the requirements of the provisions
hereof duplicate or conflict with any such federal law and if such
duplication or eonfiint exists, the contracting agency shall waive the
applicability of Section 312 to the extent of such duplication or conflict.
Conlraetor will comply with all duly promulgated and lawful roles and
regulations of the Governor's Office of Minority sod Women's Business
Development pertaining hereto.
13. CONFLICTING TERblS. In the event of a conflict between the
terms of the contract (including any and all at~aehmants thereto and
amendments thereof) and the terms of this Appendix A, the terms of this
Appendix A shall control.
14. GOVERNING LAW. This contract shall be governed by the laws
of the State of New York except where the Federal supremacy clause
requires otherwise.
15. LATE PAYMENT. Timeliness of payment and any interest to be
paid to Contraetar for late payment shall be governed by Article 11-A of
the State Finance Law to the extent required by law.
16. NO ARBITRATION. Disputes involving this contract, including
the breach or alleged breach thereof, may not be submitted to binding
arbitration (except where stamtorily authorized), but must, instead, be
heard in a court of competent jufisdictinn of the State of New York.
17. SERVICE OF PROCESS. In addition m the methods of service
allowed by the State Civil Practice Law & Rules ('CPLR"), Contractor
hereby consents to service of process upon it by registered or certified
mail, retain receipt requested. Service hereunder shall be complete
upon Contractor's actual receipt nf process or upon thc State's receipt of
the return thereof by the United States Postal Service as refused or
undeliverable. Cunhactor must promptly notify the State, in writing, of
each and every change of address to which service of process can be
made. Service by the State to the last known address shall be sufficient.
Contractor will have thirty (30) calendar days utter service hereunder is
complete in which to respond.
September, 2004
18. PROHIBITION ON PURCHASE OF TROPICAL
HARDWOODS. The Conlractor ceaifies and warrants that all wood
products to be used under this contract award will be in accordance with,
but not limited to, thc specifications and provisions of State Finance
Law §165. (Usc of Tropical Hardwoods) which prohibits purchase and
use of tropical hardwoods, unless specifically exempted, by thc State or
any governmental agency or political subdivision or public benefit
corporation. Qualification for an exemption under this law will be the
rnsponsibility of the contractor to establish to meet with the approval of
the State.
In addition, when any portion of this contract involving the use of
woods, whether supply or installation, is to be performed by any
subcontractor, the prime Contractor will indicate and certify in thc
submitted bid proposal that the subcontractor has been informed and is
in compliance with specifications and provisions regarding use of
tropical hardwoods a~ detailed in § 165 Stale Finance Law. Any such use
must meet with the approval of thc State; otherwise, the bid may not be
considered responsive. Under bidder certifications, proof of qualification
for exemption will be the responsibility of the Conh'actor to meet with
the approval of the State.
19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In
accordance with the MacBride Fair Employmem Principles (Chapter
807 of the Laws of 1992), the ConWactor hereby stipulate~ that the
Contractor either (a) has no business operations in Nm~them Ireland, or
(b) shall take lawful steps in good faith to conduct any business
operations in Norlhero Ireland in accordance with the MacBride Fair
Employment Principles (as described in Section 165 of the New York
State Finance Law), and shall permit independent monitoring of
coropliance with such principles.
20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of
New York State to maximize opportunities for the participation afNew
York State business enterprises, including minority and women-owned
business enterprises as bidders, subcontractors and suppliers on its
procareroent contracts.
Information on the availability of New York State subcontractors and
suppliers is available from:
NYS Department of Economic Development
Division for Small Business
30 South Pearl St - 7~ Floor
Albany, New York 12245
Telephone: 518-292-5220
A directory of certified minority and women-owned business enterprises
is available from:
NYS Department of Economic Development
Division of Minority and Women's Business Development
30 South Pearl St - 2nd Floor
Albany, New York 12245
http://www.empire.state.ny.ns
The Omnibus Procurement Act of 1992 requires that by signing this bid
proposal or contract, as applicable, Contractors certify that whenever the
total bid amount is greater than $1 million:
(a) Thc Contractor has made reasonable efforts to encourage thc
pm~icipation of New York State Business Enterprises as suppliers and
subcontractors, including certified minority and women-owned business
enterprises, on this project, and has retained the documentation of these
efforts to be provided upon request to the State;
(b) The Contractor has complied with the Federal Equal Opportunity Act
of 1972 (P.L. 92-261), as amended;
(c) The Contractor agrees to make reasonable efforts to provide
notification to New York State residents of employment oppormnitias
on this project through listing any such positions with the ]'ob Service
Division of the New York State Department of Labor, or providing such
notification in such manner as is consistent with existing collective
bargaining contracts or agreemants. The ConWactor agrees to docorount
these efforts and to provide said documentation to the State upon
request; and
(d) The Contractor acknowledges notice that the State may seek to obtain
offset credits from foreign countries as a result of this conWact and
agrees to cooperate with the State in these efforts.
21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are
hereby notified that if their principal place of business is located in a
counW, nation, province, state or political subdivision that penalizes
New York State vendors, and if the goods or services they offer will be
substantially produced or performed outside New York State, the
Omnibus Proeuroroent Act 1994 and 2000 amendments (Chapter 684
and Chapter 383, respectively) require that they be denied contracts
which they would otherwise obtain. NOTE: As of May 15, 2002, the
list of discriminatory jurisdictions subject to this provision includes the
states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana
and Hawaii. Contact NYS Department of Economic Development for a
current list ofjurisdictiuns subject to this provision.
22. PURCE[ASES OF APPAREL. In accordance with State Finance
Law 162 (4-a), the State shall not purchase any apparel from any vendor
unable or unwilling to certify that: (i) such apparel was manufactured in
compliance with ail applicable labor and occupational eafc~, laws,
including, but not limited to, child labor laws, wage and hours laws and
workplace safety laws, and (ii) vendor will supply, with its bid (or, if
not a bid situation, prior to or at the time of signing a contract with the
State). if known, the names and addresses of each subcontractor and a
list of all manufacturing plants to be utilized by the bidder.
Page 3 September, 2004
APPENDIX B
BUDGET
$1,200,000
Funds are for the purchase of development rights on any one or more of the
thirteen farms described in Appendix C of this Agreement consistent with the attached
budgets for each of the individual farms.
APPENDIX B
C800606
Form B
2004 Budget Information
For the Purchase of Development Rights
Farm Name: Shalvey Farm
Town of Southold
PROJECT COSTS
Estimated Value of Development Rights
Administrative Costs
Title Insurance
Survey(s)
Appraisal
Outside Legal Fees
Recording Fees
Stewardship Fee ($7,500 max.)
Other. Phase I, ESA
Other
Subtotal
Administrative Costs (in-kind)
Staff Time
Travel/office expense
Other: Town's Legal Counsel
Subtotal
TOTAL PROJECT COSTS
I$
I$
525,000.00 I(= $35,000/acre)
2,650
4,000
2,200
250
1,500 Identify:
Identify:
10,600
1,000
· 12,,50~ Identify:
538,100 I
FUNDING SOURCES
Local Match
Municipal Funds
Landowner Donation
In-Kind (from subtotal above)
Other (foundation, federal, etc.)
Subtotal
% of total project costs
State Funding
State Funding
% of total project costs above
32,025
2,500
Identify:
34,525
25%
403,575
75%
Form B
2004 Budget Information
For the Purchase of Development Rights
Farm Name: Badenchini Farm
Town of Southold
PROJECT COSTS
Estimated Value of Development Rights
Administrative Costs
Title Insurance
Survey(s)
Appraisal
Outside Legal Fees
Recording Fees
Stewardship Fee ($7,500 max.)
Other: Phase I - ESA
Other
Subtotal
Administrative Costs (in-kind)
Staff Time
Travel/office~ expense
Other: To/wn's Legal Counsel
Subtota{.
TOTAL PROJECT COSTS
768,000.00 I(= $32,000/acm)
$ 3,600
$ 4,5O0
$ 2,200
$
$ 250
$
$ 1,500 Identify:
$ Identify:
$ 12,050
$ 1,500 Identify:
$ 2,500
782,550
FUNDING SOURCES
Local Match
Municipal Funds
Landowner Donation
In-Kind (from subtotal above)
Other (foundation, federal, etc.)
Subtotal
% of total project costs
State Funding
State Funding
% of total project costs above
193,138 1
2,500
Identify:
95,638
25%
tS 586,913
75%
Form B
2004 Budget Information
For the Purchase of Development Rights
Farm Name: Shur Farm
Town of Southold
PROJECT COSTS
Estimated Value of Development Rights
Administrative Costs
Title Insurance
Survey(s)
Appraisal
Outside Legal Fees
Recording Fees
Stewardship Fee ($7,500 max.)
Other. Phase I - ESA
Other
Subtotal
Administrative Costs (in-kind)
Staff Time
Travel/office expense
Other: Town's Legal Counsel
Subtotal
TOTAL PROJECT COSTS
480,0O0.00 I(= $32,000/acm)
$ 2,450
$ 4,oo0
$ 1,900
$
$ 250
$
$ 1,500 Identify:
$ Identify:
$ 10,100
1,000
1,500 Identify:
2,500
$ 492,600
FUNDING SOURCES
Local Match
Municipal Funds
Landowner Donation
In-Kind (from subtotal above)
Other (foundation, federal, etc.)
Subtotal
% of total project costs
State Funding
State Funding
% of total project costs above
$ '120,650
$
$ 2,50o
$ Identify:
$ 123,150
25%
$ 369,450
75%
Form B
2004 Budget Information
For the Purchase of Development Rights
Farm Name: N&J Management Co Farm
Town of Southold
PROJECT COSTS
Estimated Value of Development Rights
Administrative Costs
Title Insurance
Survey(s)
Appraisal
Outside Legal Fees
Recording Fees
Stewardship Fee ($7,500 max.)
Other: Phase I - ESA
Other
Subtotal
Administrative Costs (in-kind)
Staff Time
Travel/office expense
Other: Town's Legal Counsel
Subtotal
TOTAL PROJECTCOSTS
480,000.00 I(= $32,000/acre)
$ 2,450
$ 4,000
$ 2,000
$ -
$ 250
$
$ 1,500 Identify:
$ Identify:
$ 10,200
$ 1,500 Identify:
$ 2,500
FUNDING SOURCES
Local Match
Municipal Funds
Landowner Donation
In-Kind (from subtotal above)
Other (foundation, federal, etc.)
Subtotal
% of total project costs
120,675
2,50O
123,175
25%
Identify:
State Funding
State Funding
% of total project costs above
$ 369,525
75%
Form B
2004 Budget Information
For the Purchase of Development Rights
Farm Name: Pipia Farm
Town of Southold
PROJECT COSTS
Estimated Value of Development Rights
Administrative Costs
Title Insurance
Survey(s)
Appraisal
Outside Legal Fees
Recording Fees
Stewardship Fee ($7,50o max.)
Other: Phase I - ESA
Other
Subtotal
Administrative Costs (In-kind)
Staff Time
Travel/office expense
Other: Town's Legal Counsel
Subtotal
TOTAL PROJECTCOSTS
$
$
$
$
$
455,000.00 I(= $35,000/acre)
2,350
4,000
2,000
25O
1,500 Identify:
Identify:
10,100
1,000 I
1,500IIdentify:
2,5OO
467,600
FUNDING SOURCES
Local Match
Municipal Funds
Landowner Donation
In-Kind (from subtotal above)
Other (foundation, federal, etc.)
Subtotal
% of total project costs
114,400
2,5OO
i Identify:
116,900
25%1
State Funding
State Funding
% of total project costs above
$ 350,7~
75%
Form B
2004 Budget Information
For the Purchase of Development Rights
Farm Name: Harbes Farm
Town of Southold
PROJECT COSTS
Estimated Value of Development Rights
Administrative Costs
Title Insurance
Survey(s)
Appraisal
Outside Legal Fees
Recording Fees
Stewardship Fee ($7,500 max.)
Other: Phase I - ESA
Other
Subtotal
Administrative Costs (in-kind)
Staff Time
Tmvel/~ffice expense
Other.~_'Town's Legal Counsel
SubtOtal
TOTAL PROJECTCOSTS
I $ 1,024,000.00 I(= $32,000/acre)
$ 4.600
$ 4,500
$ 2,200
$
$ 250
$
$ 1,500 Identify:
$ Identify:
$ 13,050
$ 1,500 Identify:
$ 2,500
,039,550
FUNDING SOURCES
Local Match
Municipal Funds
Landowner Donation
In-Kind (from subtotal above)
Other (foundation, federal, etc.)
Subtotal
% of total project costs
State Funding
State Funding
% of total project costs above
$ 257,388
$
$ 2,500
$
$ 259,888
25%
779,663
75%
identify:
Form B
2004 Budget Information
For the Purchase of Development Rights
Farm Name: Wesnofske Farm
Town of Southold
PROJECT COSTS
Estimated Value of Development Rights
Administrative Costs
Title Insurance
Survey(s)
Appraisal
Outside Legal Fees
Recording Fees
Stewardship Fee ($7,5oo ma~)
Other: Phase I - ESA
Other
Subtotal
Administrative Costs (in-kind)
Staff Time
Travel/office expense
Other: Town's Legal Counsel
Subtotal
TOTAL PROJECTCOSTS
$
$
$
$
$
$
$
224,000.00 J(= $32,000/acre)
1,350
4,000
2,000
250
1,500 Identify:
Identify:
9,100
1,000
1,500 Identify:
2,500
FUNDING SOURCES
Local Match
Municipal Funds
Landowner Donation
In-Kind (from subtotal above)
Other (foundation, federal, etc.)
Subtotal
% of total project costs
State Funding
State Funding
% of total project costs above
56,400
2,50O
Identify:
58,900
25%
176,700
75%
Form B
2004 Budget Information
For the Purchase of Development Rights
Farm Name: Marco Farm
Town of Southold
PROJECT COSTS
Estimated Value of Development Rights
Administrative Costs
Title Insurance
Survey(s)
Appraisal
Outside Legal Fees
Recording Fees
Stewardship Fee ($7,500 max.)
Other:. Phase I - ESA
Other
Subtotal
Administrative Costs (in-kind)
Staff Time
Travel/office expense
Other: Town's Legal Counsel
Subtotal
TOTAL PROJECT COSTS
I $ 3,500,000.00 I(= $35,000/acre)
$
$
13,700
6,000
4,300
25O
2,000 Identify:
Identify:
26,2.50
1,500 Identify:
2,500
3,528,750 ]
FUNDING SOURCES
Local Match
Municipal Funds
Landowner Donation
In-Kind (from subtotal above)
Other (foundation, federal, etc.)
Subtotal
% of total project costs
State Funding
State Funding
% of total project costs above
!$ 879,688
~$
$ 2,500
$ Identify:
$ 882,188
25%
$ 2,646,563
75%
Form B
2004 Budget Information
For the Purchase of Development Rights
Farm Name: Carroll Farm North aka Moffat
Town of Southold
PROJECT COSTS
Estimated Value of Development Rights
Administrative Costs
Title Insurance
Survey(s)
Appraisal
Outside Legal Fees
Recording Fees
Stewardship Fee ($7,500 max.)
Other. Phase I - ESA
Other
Subtotal
Administrative Costs (In-kind)
Staff Time
Travel/office expense
Other. Town's Legal Counsel
Subtotal
TOTAL PROJECT COSTS
720,000.00 I(= $32,000/acm)
3,400
4,50
2,200
250
1,500 Identify:
Identify:
1,850
1,000
1,500 Identify:
2,500
734,350 I
FUNDING SOURCES
Local Match
Municipal Funds
Landowner Donation
In-Kind (from subtotal above)
Other (foundation, federal, etc.)
Subtotal
% of total project costs
181,088
2,500
83,588
25%
Identify:
State Funding
State Funding
% of total project costs above
$ 550,763
75%
Form B
2004 Budget Information
For the Purchase of Development Rights
Farm Name: Carroll Farm South aka Moffat
Town of Southold
PROJECT COSTS
Estimated Value of Development Rights
Administrative Costs
Title Insurance
Survey(s)
Appraisal
Outside Legal Fees
Recording Fees
Stewardship Fee ($7,500 max.)
Other: Phase I - ES^
Other
Subtotal
Administrative Costs (in-kind)
Staff Time
Travel/office/expense
Otb/er: Town's Legal Counsel
St~btotal
TOTAL PROJECT COSTS
1,104,000.00 I(= $32,000/acm)
$
$
$
$
$
$ 4,900
4,500
2,200
250
1,500 Identify:
Identify:
13,350
1,000 I
1,500 Identify:
2,500
1,119,850 ]
FUNDING SOURCES
Local Match
Municipal Funds
Landowner Donation
In-Kind (from subtotal above)
Other (foundation, federal, etc.)
Subtotal
% of total project costs
State Funding
State Funding
% of total project costs above
$ 277,463
$
$ 2,500
$ Identify:
$ 279,963
25%
$ 839,88875%
Form B
2004 Budget Information
For the Purchase of Development Rights
Farm Name: Aliano Farm
Town of Southold
PROJECT COSTS
Estimated Value of Development Rights
Administrative Costs
Title Insurance
Survey(s)
Appraisal
Outside Legal Fees
Recording Fees
Stewardship Fee ($7,5o0 max.)
Other. Phase I - ESA
Other
Subtotal
Administrative Costs (in-kind)
Staff Time
Travel/office expense
Other. Town's Legal Counsel
Subtotal
TOTAL PROJECTCOSTS
[$
$
$
$
$
$
$
$
$
$
$ 176,950
$
704,000.00 I(= $32,000/acre)
3,35Oi
4,5O0
1,700
25O
1,500 Identify:
Identify:
1,000
717,800 I
FUNDING SOURCES
Local Match
Municipal Funds
Landowner Donation
In-Kind (from subtotal above)
Other (foundation, federal, etc.)
Subtotal
% of total project costs
$ 2,500
$
$ 179,450
25%
Identify:
State Funding
State Funding
% of total project costs above
I$ 538,350
75%
Form B
2004 Budget Information
For the Purchase of Development Rights
Farm Name: Macari Farm
Town of Southold
PROJECT COSTS
Estimated Value of Development Rights
Administrative Costs
Title Insurance
Survey(s)
Appraisal
Outside Legal Fees
Recording Fees
Stewardship Fee ($7,500 max.)
Other. Phase I - ESA
Other
Subtotal
Administrative Costs (in-kind)
Staff Time
Travel/office expense
Other: Town's Legal Counsel
Subtotal
TOTAL PROJECT COSTS
I $ 800,000.00 I(= $32,000/acre)
$ 3,750
$ 4,OOO
$ 2,300
$
$ 25O
$
$ 1,500 Identify:
$ Identify:
$ 11,800
$ 1,000
$ 1,500 Identify:
$ 2,500
I$ 814,300 ]
FUNDING SOURCES
Local Match
Municipal Funds
Landowner Donation
In-Kind (from subtotal above)
Other (foundation, federal, etc.)
Subtotal
% of total project costs
State Funding
State Funding
% of total project costs above
$ 201,075
$
$ 2,500
$ Identify:
$ 203,575
25%
$ 610,725 I
75%J
Form
2004 Budget Information
For the Purchase of Development Rights
Farm Name: Rowehl Farm
Town of Southold
PROJECT COSTS
Estimated Value of Development Rights
Administrative Costs
Title Insurance
Survey(s)
Appraisal
Outside Legal Fees
Recording Fees
Stewardship Fee ($7,500 max.)
Other: Phase I - ESA
Other
Subtotal
Administrative Costs (in-kind)
Staff Time
Travel/office expense
Other: Town's Legal Counsel
Subtotal
TOTAL PROJECTCOSTS
I$
976,000.00 I(= $32,0001acm x 24.25 acres
4,450
4,500
25O
3,800
I$
$776,000 + $200,000 per lot
fee, not computed by ac=m)
Identify:
Identify:
1,000
1,500 Identify:
2,500
992,300 J
FUNDING SOURCES
Local Matcb
Municipal Funds
Landowner Donation
In-Kind (from subtotal above)
Other (foundation, federal, etc.)
Subtotal
% of total project costs
State Funding
State Funding
% of total project costs above
!$ 245,575
I$
$ 2,5oo
!$ Identify:
$ 248,075
25%
$ 744,225
75%
George E. Pataki
Governor
STATE OF NEVV YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
10B Airline Drive, Albany, New York 12235
518-457-8876 Fax 518-457-3087
www.agrn kt.state.ny, us
March 18, 2005
Nathan L Rudgers
Commissioner
Mr. Joshua Y. Horton, Supervisor
Town of Southold
53095 Main Road (Rte. 25)
P.O. Box 1179
Southold, New York 11971
Dear Mr. Horton:
I am very pleased to inform you that the Department of Agriculture and Markets has awarded
the Town of Southold the sum of $1,200,000 to assist the Town in its farmland preservation efforts.
Based upon your FY2004/2005 Agricultural and Farmland Protection Implementation .Grants
proposal, the Department has provided matching funds toward purchasing the development rights on
any of the 13 farms described in your proposal.
Before State funds can be provided for the purchase of easements or development rights on any of
these farms, it will first be necessary to develop a cuntract between the Dcpartraent 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 expenses for which State reimbursement will be sought until the
conlract 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 David
Behm, the-Department's Farmland Protection Program Manager. He may be reached by phone at 518-
485-7729, by fax at 518-457-2716 or by e-mail at david.behm(~agmkt.state.ny.us.
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. RUI)GERS
Commissioner of Agriculture
and Markets of the State of New York
cc: Melissa Spiro, Town of Southold Land Preservation Department
Kenneth Schmitt, Chair, Suffolk County AFPB
Part C - Pro|ect Details
Items 1-7:
See attached information for each parcel.
The 13 projects included in this proposal are:
ShalveyFarm 84-2-2.1 15.0 acres $ 525,000.00 $ 538,100.00
Badenchini Farm 95-1-5 24.0 acres $ 768,000.00 $ 782,550.00
ShurFarm 94-3-1.6 15.0 acres $ 480,000.00 $ 492,600.00
N&.I Management 113-13-1.2 15.0 acres $ 480,000.00 $ 492,700.00
Company Farm
Pipia Farm 96-44.3 13.0 acres $ 455,000.00 $ 467,600.00
Harbes Farm 120-3-11.12 32.0 acres $1,024,000.00 $ 1,039,550.00
Wesnofake Farm 69-4-8.1 7.0 acres $ 224,000.00 $ 235,600.00
Marco Farm 97-9-12; 100.0 acres $3,500,000.00 $ 3,528,750.00
97-9-10.4;
Carroll Farm 55-2-10 22.5 acres $ 720,000.00 $ 734,350.00
North (aka
Moffat)
Carroll Farm 55-3-6.1 34.5 acres $1,104,000.00 $1,119,850.00
South (aka
Moffat)
Aliano Farm 83-2-17.1 22.0 acres $ 704,000.00 $ 717,800.00
Macari Farm 84-4-1 & 25.0 acres $ 800,000.00 $ 814,300.00
96-2-i0
Rowehl Farm 94-4-2 & .29.25 acres $ 976,000.00 $ 992,300.00
Item 8:
Item 9:
Item 10:
Evidence of Development Pressure
The Town of Southold has been a farming community since it's founding over
350 years ago. The Town has seen many changes, most noticeably population
increases and the encroachment of home building on prime farmland. The Town
is located about 100 miles l~om the center of the New York Metropolitan area
and is adjacent to the Long Island suburbs of New York City. The suburban
population, nearing 3 million, has caused most of the farmland of western
Suffolk County to be converted to non-agricultural uses.
Development pressures have moved eastward in Suffolk County over the years
due to the availability of land and the desire of urban and suburban residents to
live in a more rural, scenic and safe community. The establishment in 1992 of
the Pine Barrens Preserve in Brooldaavun, Riverhead and Southampton towns
resulted in development pressure leapfrog~ng to the east. The development
pressures pose a threat to commercial farming because farmers are forced to
compete with residential buyers for large lots.
Approximately one-third of the Town, approximately 10,207 acres, is devoted
to active agriculture use (Source: Town of Southold GIS, 2003). Over the last
twenty years, public and private efforts to conserve agricultural land for the
future have been successful in preserving over 2,900 acres of land. However,
during that same twenty-year period, it is estimated that the Town lost as much
acreage to development as was permanently protected. (Source: Southold Town
Farm and Farmland Protection Sl~'ategy, 2000)
Landowner Commitment
See attached information for each parcel.
Stewardship Responsibilities
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 agrienltural lands. The management/monitoring of the
t,,xi,s of each easement is currently a task of the Land Preservation Committee
(LPC) and the Land Preservation Coordinator. General monitoring of easements
occurs on almost a daily basis due to the fact that the mount of land on which
the development rights have been purchased is not overwhelmiug, the majority
of the pan:els are visible 15om the road and all LPC members live within the
Town. The LPC maintains a file for each property on which the development
rights have been sold. Included within the file is a survey for the specific site.
The Land Preservation Department will conduct specific site monitoring on an
annual basis. The site will be inspected as to its conformance to the terms of the
easement.
Item 11:
Item 12:
Item 13:
Item 14:
Conservation Easement Document
Due to a very high level of development pressure on farms in the region, the
Town of Southold typically closes on development right purchases quickly and
prior to asking the Department for actual payment. The Town of Southold has
worked with the Dept. of Agriculture and Markets in the past, and the language
of the conservation easements used by the Town has been approved by the
Deparlment. The Town is willing to use the Department's Standard Agricultural
Conservation Easement whenever possible, and is willing to work with the
Depar/ment in advance to discuss any issues or concerns that Department staff
may have.
Planning Documents
Southold Town has pursued a vigowus program of Agricultural Land
Preservation. The Town has purchased the development rights on over 1400
acres of farmland. The Town Board first established a committee dedicated to
land preservation in 1983. The Land Preservatien Committee (LPC) is made up
of 7 members, the majority of wtiom are active farmers or have had extensive
experience in land preservation efforts. The tasks and goals of the Committee in
regard to agricultural land preservation are spelled out in Chapter 25:
Agricultural Lands Preservation (Attachment A) and Chapter 6: Community
Preservation Fund (Attachment B) of the Town Code.
In January of 2000, the Town adopted a Farm and Farmland Protection
Strategy. The report outlines a strategy for leveraging the Town's bond funds
for the preservation of agricultural land through more pro-active partnering with
other governmental agencies and private landowners. (Attachment C) The town
has taken several steps to implement this Strategy, including appointing a Land
Preservation Coordinator whose primary function is to facilitate the Town's
land acquisition efforts and the partnerships needed to accelerate the acquisition
of development rights easements and fee title purchases.
Farmland Protection Board
See attached letter (Attachment D) from Suffolk County Agricultural and
Farmland Protection Board.
Key Personnel
The process of review, recommendation, negotiation and contract/closing,
involves Melissa Spiro, Land Preservation Coordinator, Town's legal counsel,
Reynold Blum, Chairman Land Preservation Committee, the volunteer members
of the Land Preservation Committee and Melanie Doroski, Administrative
Assistant. The contact for this application is Melissa Spiro, Land Preservation
Coordinator.
Part A - Applicant Information
Applicant:
Contact Person:
Town of Southold, Suffolk County, New York
Joshua Y. Horton, Southold Town Supervisor
Southold Town Hall
53095 Main Road (Route 25)
P.O. Box 1179
Southold, New York 11971-0959
Melissa Spiro, Southold Town Land Preservation Coordinator
Department of Land Preservation
Town Hall Annex
54375 Main Road (Route 25)
P.O. Box 1179
Southold, New York 11971-0959
Telephone:
Fax:
E-mail:
(631) 765-5711
(631) 765-6640
melissa.spiro~town.southold.ny.us
Part C - Project Details for Shalve¥ Farm
Landowner Information
o Landowner's Name:
o Farm Name:
o Farm Address:
T. Shalvey Sr., D. Shalvey and F. Blados Jr.
None
5200 Bridge Lane, Cutchogue
Property Identification
o Location:
o Tax Map #:
o Driving directions:
See attached Location Map for Subject Pamels (Map #I)
1000-84-2-2.1
The farm is located on the east side of Bridge Lane, with some
frontage on the north side of CR 48, in Cutchogue.
The farm begins at the intersection of the northerly side of CR 48
and continues northeasterly along Bridge Lane.
Farmland Easement Information
o Total parcel area:
o Acres to be protected:
Acres available crop/livestock:
o Acres woodlands/wetlands:
o Acres Prime Soils;
Acres Statewide Soils:
o Reserved building sites:
20 acres
15 eau'res
15~ acres
0 acres woodlands/wetland
19.25 acres
0.75 acres
Approximately 1-2 acre area including farmstead
will be reserved from the development fights easement. Two -
three residential lots (-1 acre each) may be designed within
vicinity of existing house (southerly side of the property)
Nature of Farm Enterprise
The farm i~qeased from landowners (2"~ and 3rd generation potato farm families) by Briarcliff Sod and
is planted.{/ln Sod.
Farm Succession
Farm contains Prime Soils and is fiat and level allowing long straight rows. Farm is adjacent to active
farms. The farm is supported by irrigation well, barn and farmhouse.
Proximity to Protected Farms
Refer to Location Map #1 and Aerial Map # 1 showing subject property.
The farm is across the street from, and in the vicinity of, approximately 115 acres of Town or County
owned development rights. The farm is in the vicinity of approximately 70 acres pending Town or
County purchase of development rights. The farm is adjacent to active farms on which the Town is
interested in pursuing the purchase of development rights.
Natural Resource Buffer
Parcel is located within Special Groundwater Protection Area (SGPA is a recharge watershed area
within a designated sole source aquifer area~ Southold has a designated SGPA of approximately 2,900
acres). Parcel is within the Town's main area of agriculture. Refer to attached Location Map #1
showing location of subject parcel in relation to other land in agricultural use. The farm parcel
contains significant mad frontage. Therefore, the farm is an important scenic resource.
Landowner Commitment
See attached signed application fiom landowner
Part C - Project Details for Badenchini Farm
Lnpdowner Information
o Lnndowner's Name:
o Farm Name:
o Farm Address:
Luigi Badenchini
None
6375 Oregon Road, Cutchogue
Property Identification
Location:
Tax Map#:
Drlviog directions:
See attached Location Map for Subject Parcels (Map #1)
1000-95-1-5
Farm is located on the north side of Oregon Road in Cuteho~e.
Going eaat on Oregon Road: 0.7 miles east of intersection with
Elijah's Lane.
Going west on Oregon Road: funn is just west intersection with
Alvah's Lane and just west of yellow house identified as 6685
Oregon Road
Farmland Easement Information
o Total parcel area:
o Acres to be protected:
Acres available crop/livestock:
Acres woodlands/wetlands:
o Acres Prime Soils:
o Acres Statewide Soils:
o Reserved building sites:
Nature of Farm Enterprise
33 acres
244. acres
244. acres
1.7 acres woodlands/wetland (not within easement)
20.9 acres
10.4 acres
Landowner is applying to Planning Board for subdivision of the
soundfi'ont area into 34 residential lots, each approx. 1-2 acres
in area, and for one building area on Oregon Road frontage.
Development fights easement to be located on remaining 24
acres of ~m~land.
/
The farm is leased and is planted in Sod.
Farm Succession
Farm contains prime soils. Farm is supported by irrigation well. Farm is adjacent to protected farmland
and is located within large area of other parcels in agricultural use.
Proximity to Protected Farms
Refer to Location Map #1 and Aerial Map #2 showing subject property.
The farm is adjacent to 32 acres of land on which the Town owns the development rights. The farm is
in the vicinity of approximately 120 acres of Town or County owned development fights. The farm is
in the vicinity of approximately 24 acres pending Town or County purchase of development rights.
The farm is adjacent to, and in the vicinity of, active farms on which the Town is interested in
pursuing the purchase of development fights.
Natural Resource Buffer
Parcel is within the Town's main a~ea of agriculture. Refer to attached Location Map # 1 showing
location of subject parcel in relation to other land in agricultural use.
Landowner Commitment
See attached signed application from landowner
Part C - Project Details for Shur Farm.
Landowner Information
o Landowner's Name:
o Farm Name:
o Farm Address:
Randy Scott Shut and Angela Shur
None
4050 Soundview Avenue, Mattituck
PropertyIdentificafion
Location:
Tax Map #:
Ddving directions:
See attached Location Map for Subject Parcels (Map #1)
1000-94-3-1.6
The farm is located at the end of Soundview Avenue in
Mattituck. Driveway located to the right of mailbox 04050.
Going west along Oregon Road: Follow Oregon Road to
western most end; bear to the right (notice mad name changes to
East Mill Road); follow East Mill Road west to intersection of
East Mill Road and Reeve Road; turn right (north) on Reeve
Road for 0.7 mile; bear right onto Soundview Avenue to end of
From CR 48: Turn north at t~affie light at thc intersection of CR
48 and Wick, ham Avenue in Mattituck. Bear left onto Grand
Avenue, over bridge for a distance of 1.2 mile to intersection of
East Mill Road and Reeve Road; continue north on Reeve Road
for 0.7 mile; bear right onto Soundview Avenue to end of road.
Farmland Easement Information
o Total parcel area:
o Acres to be protected:
o Acres available crop/livestock:
o Acres woodlands/wetlands:
o Acres Prime Soils:
o Acres Statewide Soils:
Reserved building sites:
17 acres
154. acres
154. acres
0 acres /-~
15.3 acres /
1.7 acres ,
Approximately 2 acre area around existing house will be
reserved f~m development rights easement.
Nature of Farm Enterprise
Nursery. Landowner owns irrigation business also.
Farm Succession
Farm contains Prime Soils. Farm is adjacent to active agricultural parcels.
Proximity to Protected Farms
Refer to attached Location Map #1 and Aerial Map # 3 showing subject property.
The farm is in the vicinity of approximately 172 acres of Town or County owned development rights.
The farm is adjacent to approximately 29 acres pending Town or County purchase of development
rights. The farm is adjacent to, and in the vicinity of, active farms on which the Town is interested in
pursuing the purchase of development rights.
Natural Resource Buffer
Parcel is within the Town's main area of agticulture. Refer to attached Location Map # 1 showing
location of subject parcel in relation to other land in agricultural use.
Landowner Commitment
Sec attached signed application from landowner
Part C - Project Details for N& J Management Company Farm ~3
Landowner Information
o Landowner's Name: N & J Management Co./Norman Keil
o Farm Name: None
o Farm Address: 4735 Westphalia Road, Mattituck
Property Identification
o Location:
o Tax Map #:
o Driving directions:
See attached Location Map for Subject Parcels (Map gl)
1000-113-13-1.2
Property is located on the southerly side of Westphalia Avenue
in Mattituck. Landmark - small white house with mailbox Kiel
g4735 at nursery farm.
Going east: take Sound Avenue to beginning of 4-1ane highway
(CR 48) make first left onto Cox Neck Road for 0.3 mile. Take
first right onto Westphalia Avenue for 0.2 mile. Nursery on right.
Going west: CR 48 to blinking light at Westphalia intersection
(prominent landmark Penny's Flooring Center on south side).
Turn right (north) onto Westphalia Avenue for 0.8 mile. Nursery
on left.
Farmland Easement Information
o Total parcel area:
o Acres to be protected:
o Acres available crop/livestock:
o Acres woodlands/wetlands:
o Acres Prime Softs:
o Acres Statewide Soils:
o Reserved building sites:
17.6 acres
15' acres.
15~- acres
0 acres
5.7 acres
0 acres
Approximately 2 acre area including the existing residential
dwelling will be reserved from the development rights easement.
Nature of Farm Enterprise
Nursery. Historically, the farm was a chicken farm and was then fallow for 30+ years. The current
owner reclaimed the land and expanded the existing family nursery business to include the subject
parcel. The landowners are part of the second generatien in the family business and a son has recently
joined the operation.
Farm Succession
Farm areais partially made up of Prime Soils. Southern most border of property is adjacent to
preserved land.
Proximity to Protected Farms
Refer to attached Location Map gl and Aerial Map # 4 showing subject property.
The farm is adjacent to 37 acres of County owne~l/Town maintained recreational land. The farm is in
the vicinity of 63 acres of Town or County owned development rights. The farm is hi the vicinity of 9
acres pending Town purchase of development rights.
Natural Resource Buffer
The farm contain~ significant road frontage. Therefore, the farm is an important scenic resource. The
farm has a common property line of approximately 840 feet with County owned/Town maintained
recreational land.
Landowner Commitment
See attached signed application from landowner
Part C - Project Details for Pipia Farm
L~ndowner Information
~ Lnndowner's Name:
Farm Name:
Farm Address:
The Bidwell Family Limited Partnership
Contr&ct Vendee: Rose Pipia
Bidwell Vineyards
18910 CR 48, Cutchogue
Property ldentificafion
o Location:
o Tax Map #:
o Driving directions:
See attached Location Map for Subject Parcels (Map #1)
1000-96-44.3
The farm is located on the south side of CR 48 in Cutchogne.
Prominent landmark at farm - Bidwell Vineyards sign
Going east: 0.4 miles east ofintersaction of Alvah's Lane and
CR 48.
Going west: 0.1 mile west of intersection of Depot Lane and CR
48.
Farmland Easement Information
o Total parcel area:
o Acres to be protected:
o Acres available crop/livestock:
o Acres woodlands/wetlands:
o Acres Prime Softs:
o Acres Statewide Soils:
o Reserved building sites:
Nature of Farm Enterprise
15 acres
13:t: acres
13:t: acres
0 acres woodlands/wetland
15 acres
0 acres
Approximately 2 acre area including existing winery and existing
structures will be reserved f~om the development rights
easement.
Established vineyard and winery. Winery/vineyards are for sale. Pipia is the Contract Vendee. Pipia is
Contract Vendee to purchase a second 18 acre vineyard owned by Bidwell also. Additional vineyard is
located on the west side of Depot Lane.
Farm Succession
Farmcontalus an established winery and vineyard. Farm contains Prime Soils. Farm is in close
proximity to protected farms, and is adjacent to land protected via subdivision open space.
Proximity to Protected Farms
Refer to attached Location Map #1 and Aerial Map # 5 showing subject property.
The farm is in the vicinity of 268 acres of Town or County owned development rights. The farm is in
the vicinity of 24 acres pending Town purchase of development fights.
Natural Resource Buffer
Parcel is located within Special Groundwater Protection Area (SGPA is a recharge watershed area
within a designated sole source aquifer area. Southold has a designated SGPA of approximately 2,900
acres). Parcel is within the Town's main area of agriculture. Refer to attached Location Map # I
showing location of subject parcel in relation to other land in agricultural use. The farm parcel
contains significant road frontage. Therefore, the farm is an important scenic resource.
Landowner Commitment
See attached signed application from landowner
Part C - Project Details for Harbes Farm
Landowner Information
Landowner's Name:
o Farm Name:
Farm Address:
Peter Harbes
David Rose Perennials
5645 Aldrich Lane, Laurel
Property Identification
o Location:
o Tax Map #:
o Driving directions:
See attached Location Map for Subject Parcels (Map #1)
1000-120-3-11.12
Farm is located on the west side of Aldrich Lane (Aldrich Lane
is just east of Riverhead/Southold border.
Going east or west on Sound Avenue: Turn south on Aldrich
Lane for 0.7 mile. Dirt driveway at end of tree line on west side.
Going east or west on State Route 25: turn north on FranklynviIle
Road (Mattituck/Laurel Veterinary Hospital landmark for
Franklynvill¢) Follow Franklynville Rd less than 0.1 mile to
Aldrich Lane. Follow Aldrich Lane north for 0.7 mile. Dirt
· driveway on left side at start of tree line.
Farmland Easement Information
o Total parcel area:
o Acres to be protected:
o Acres available crop/livestock:
o Acres woodlands/wetlands:
o Acres Prime Soils:
o Acres Statewide Soils:
o Reserved building sites:
39 acres
32_4: acres
28.7* acres
3.3 acres woodlands/wetland
25 acres
10.7 acres
Approximately 7 acres will be reserved fi.om development
fight c~sement for future residential subdivision.
7 acre, g located on northeasterly side of property.
Nature of Farm Enterprise
Container Nursery. Landowner is 3r~ generation farmer. Peter Harbes diversified to container nursery
and is currently constructing and planning for additional greenhouses.
Farm Succession
Parcel contain# Prime Soils and is adjacent to other active farms. Refer to attached Location Map #1,
showing location of all subject parcels. Harbes Family owns over 100 acres of farmland (30
of which are preserved farmland) in the vicinity of the subject parcel. Landowner is currently
constructing and planning for additional greenhouses.
Proximity to Protected Farms
Refer to attached Location Map #1 and Aerial Map # 6 showing subject property.
The farm is in the vicinity of approximately 141 acres of Town, County or State owned development
rights (30 acres preserved with partial State/Town partnership funding). Farm is adjacent to Riverhead
Town line. Adjacent farm in Riverhcad Town is an active agricultural nursery.
Natural Resource Buffer
Parcel is adjacent to other active agricultural parcels. Refer to attached Location Map #1 showing
location of subject parcel in relation to other land in agricultural use.
Landowner Commitment
Landowner is currently before the County Farmland Program for the sale of development rights to the
County. Landowner has verbally expressed interest in the Town's pm#ram. If State funding is
awarded to the Town, it is anticipated that the Landowner will withdraw pending County application
and will offer development rights to the Town. '
Part C - Project Details for Wesnofske Farmer &
La. ndowner Information
o Landowner's Name: Wesnofsk¢ Farm.
o Farm Name: Wesnofske Farm
o Farm Address: 36450 CR 48, Peeonic
Propertyldentificafion
Location:
TaxMap #:
Driving directions:
See attached Location Map for Subject Parcels (Map #1)
1000-69-4-8.1
Farm is located on the south side of CR 48 in Peeonic. Prominent
land mark at farm - Wesnofske's North Fork Farm Stand.
Going east: 0.5 miles east of the intersection of Carroll Avenue
and CR 48.
Going west: 0.4 miles west of the intersection of Ackerly Pond
Road (landmark for Ackerly is Doroski's Nursery on the south
side).
Farmland Easement Information
o Total parcel area:
o Acres to be protected:
o Acres available crop/livestock:
o Acres woodlands/wetlands:
o Acres Prime Soils:
o Acres Statewide Soils:
o Reserved building sites:
8.3 acres
7± acres
7+ acres
0 acres
7 acres
0 acres
1.3~: acre area including existing dwelling, farm stand and barn
will be reserved fi'om the development rights easement.
Nature of Farm Enterprise
The principal crop on this farm has historically been ~aditional row crops.
Farm is currently for sale.
Farm Succession
Farm comains Prime Soils. Farm is in across the railroad tracks from a large block of active farmland
the majority of which is preserved farmland. Farm is across the street from pending development
rights easement to be funded partially by the State.
Proximity to Protected Farms
Refer to attached Location Map #1 and Aerial Map # 7 showing subject property.
The farm is across the railroad tracks from 2 blocks of farmland totaling of approximately 213 acres
of Town and County owned development rights. The farm is across the street from 35 acres pending
Town purchase of development rights with partial State funding.
Natural Resource Buffer
Parcel is located within Special Groundwater Protection Area (SGPA is a recharge watershed area
within a designated sole source aquifer area. Southold has a designated SGPA of approximately 2,900
acres). Parcel is within the Town's main area of agriculture. Refer to attached Location Map # 1
showing location of subject parcel'in relation to other land in agricultural use. The farm parcel
contains significant road frontage. Therefore, the farm is an important scenic resource.
Development Pressure
Development pressures are especially high on this parcel due to the fact that the farm is for sale.
Landowner Commitment
See attached signed application from landowner
Part C - Project Details for Marco Farm
Landowner Information
Landowner's Name:
o Farm Name:
o Farm Address:
Property Identification
o Location:
o Tax Map #:
o Driving directions:
Philip and Patficia Marco
None
3375 & 4170 Indian Neck Lane, 3123 & 3595 Skunk Lane and
1985 Leslie Road, Peconic
See attached Location Map for Subject Pan:els (Map #1)
1000-97-9-12 & 10.4 and 1000-98-1-1.3 & 2.1 & 27.1
Fanu block Ms frontage on Indian Neck Lane, Leslie's Road and Skunk Lane, in Peconic.
Take Indian Neck Lane approx. 0.8 miles to bend in the road; part of farm is located on the left just
past the bend, and the rest of the farm is best observed by taking driveway (g4170) on the fight side
just past the bend.
Farmland Easement Information
o Total parcel area (includes 5 parcels):
o Acres to be protected:
149~ acres
100~ acres
Reserved building sites: Landowner is currently working on design plan for the multiple
properties. Plan is expected to meet the Town's Conservation Subdivision Regulations, which
require preservation of a minimum of 75% of the property. It is expected that residential development
will occur on the remaining 25% of the property within the areas that are not existing farmland.
Nature of Farm Enterprise
The Mm family owns approximately I0 adjacent pamels, 5 of which are larger farm parcels and are the
subject parcels (5 smaller parcels are shown on aerial map with "*'). The Marco family started
purchasing the individual properties over 20 years ago. The family owns and operates the farm that
consists of various agricultural uses, including vineyard and nursery.
Farm Succession
The proposed preserved area consists of a majority of Prime Soils. Preservation of the Marco farm
holdings will result in a farm block of approximately 100 contiguous acres.
Proximity to Protected Farms
Refer to attached Location Map # 1 and Aerial Map # 8 showing subject property.
Thc farms are across the street from approximately 105 acres of Town and County owned development
rights.
Natural Resource Buffer
The farms are located within the watershed areas of Richmond Creek and Little Creek. The farm pm'eels
contain significant road frontage. Therefore, the farms are an important scenic resource. One parcel is
adjacent to Town Owned Open Space.
Landowner Commitment
See attached signed application from landowner
Part
C - Project Details for Carroll Farm North (aka Moffat) t~
Landowner Information
o Landowner's Name:
o Farm Name:
o Farm Address:
John Carroll c/o Maureen Moffat-Wolfe
None
47775 CR 48, Southold
Property Identification
Location:
Tax Map #:
Driving directions:
See attached Location Map for Subject Parcels (Map #1 )
1000-55-2-10
Property is located on the north side of CR 48, Southold. It
is slightly east of the intersection of Boisseau Ave. and CR 48.
Farmland Easement Information
o Total pared area:
o Acres to be protected:
o Acres available crop/livestock:
o Acres woodlands/wetlands:
o Acres Prime Soils:
o Acres Stutewide Soils:
o Reserved building sites:
25.5 acres
22.54. acres
22.54. acres
0 within easement area
19;5 acres
3 acres
Approximately 3 acre area will not be included in development
rights easement. This area includes the existing improvements.
Nature of Farm Enterprise
The farm is leased by Sep Farms. Sep Farms owns and farms appmximatdy 50 acres and leases
appr~imately 35 additional acres. The principal crop is, and has historically been, potatoes.
/
Farm Succession
Farm contains Prime Soils. Farm is level and contains irrigation well to support agricultural use. Farm
is adjacent to preserved agricultural land and is across the street from active agricultural parcels.
Proximity to Protected Farms
Refer to attached Location Map #I and Aerial Map # 9 shew'rog subject property.
This farm is adjacent to 26 acres of Town owned development rights. One of the adjacent protected
farms (19 acres) is across the street from 45 acres of Town owned Development Rights. Landowner
owns 36.5 acre farmland parcel directly across the street that has an application for the purchase of the
development rights by the Town.
Natural Resource Buffer
The farm parcel contains significant road frontage. Therefore, the farm is an important scenic resource.
Landowner Commitment
See attached signed application from landowner
Part C - Project Details for Carroll Farm South (aka Moffat) :~ ~'
Landowner Information
o Landowner's Name:
Farm Name:
o Farm Address:
John Carroll e/o Maureen Moffat-Wolfe
None
50100 CR 48, Southold
Property Identification
o Location:
o Tax Map #:
o Driving directions:
See attached Location Map for Subject Parcels (Map #1 )
1000-55-3-6.1
Property is located on the south side of CR 48, Southold. It is
approximately 0.4 miles east of the intersection of Boisseau Ave.
and CR 48.
Farmland Easement Information
o Total parcel area:
o Acres to be protected:
o Acres available crop/livestock:
o Acres woodlands:
o Acres wetlands:
o Acres Prime Soils:
o Acres Statewide Soils:
o Reserved building sites:
36.5 acres
Approximately 34.5 - 36.5 acres.
26-~ acres
14.7 (includes some prime/state soils)
8.9 acres
14.5 acres
14.9 acres
Undecided. Landowner may reserve 2 acre lot on the Long Creek
side of the property.
Nature of Farm Enterprise
The fann was historically leased by Sep F~. Sep Farms owns and farms approximately 50 acres
and leases approximately 35 additional seres. Half the farm is planted in grain, the other half is
fallow.
Farm Succession
Farm contains Prime Soils. Farm contains
street from active agricultural parcels.
irrigation well to support agricultural use. Farm is across the
Proximity to Protected Farms
Refer to attached Location Map #1 and Aerial Map # 9 showing subject property.
Landowner owns 25.5 acre farmland parcel directly across the street from one end of the farm, which
has an application for purchase of the development rights by the Town. The 25.5 acre parcel is
adjacent to 26 acres of Town owned Development Rights. One of the adjacent farms (19 acres) is
across the street fxom 45 acres of Town owned Development Rights. The other end of the subject
farm is across the street fxom 20 acres pending County development fights purchase and a 10 acre
Agricultural Reserve area in an approved subdivision.
Natural Resource Buffer
Parcel is located within the watershed area for Long Creek, which is part of Hashamomuck Pond.
Hashamomuck Pond is an important shellfish resource.
The farm contains significant road frontage. Therefore, the farm is an important scenic resource.
Landowner Commitment
See attached signed application t~om landowner
Landowner Information
o Landowner's Name:
o Farm Name:
o Farm Address:
Nicholas Aliano
None
10475 Oregon Road, Cutchogue
PropertT Identification
o Location:
o Tax Map It:
o Driving directions:
See attached Location Map for Subject Parcels (Map Itl)
1000-83-2-17.1
Farm is located on the north side of Oregon Road. It is under 0.1
miles east of the intersection of Depot Lane and Oregon Road. In
addition, it can be located from tap roads (Ihar Lane and Olivia
Lane) offDuck Pond Road (Duck Pond is northerly extension of
Deport Lane after Oregon Road intersection).
Farmland Easement Information
o Total parcel area:
o Acres to be protected:
o Acres available crop/livestock:
Acres woodlands/wetlands:
o Acres Prime Soils:
o Acres Statewide Soils:
o Reserved building sites:
Nature of Farm Enterprise
28.7 acres
22:t: acres
2Z-~ acres
0 acres woodlands/wetlands within easement
28.7 acres
0 acres
Landowner is reserving approximately 4 acres at northerly side
of property for future residential development. In addition,
approximately 2 acres will be reserved ~6und the existing
dwelling on Oregon Road.
The principal crop on this farm has historically been traditional row crop and potatoes with
rotation/rest as needed.
Farm Succession
The property is adjacent to active agricultural uses. The proper~y is located within a block of land on
which the development fights have been purchased, or are pending purchase.
Proximity to Protected Farms
Refer to attached Location Map Itl and Aerial Map # 2 showing subject property.
The farm is in the vicinity of 47 acres of County owned development rights and approximately 104
acres pending sale of development rights to Town and County.
Natural Resource Buffer
Parcel is within the Town's main area of agriculture. Refer to attached Location Map #1
showing location of subject parcel in relation to other land in agricultural use.
Landowner Commitment
See attached signed application from landowner
Landowner Information
o Landowner's Name:
o Farm Name:
o Farm Address:
Joseph Macari
None
22600 CR 48 and 4735 Cox Lane
Prop¢~' I~entificaf~cn
Location:
Tax Map #:
Driving directions:
Farmland Easement Information
o Total parcel area:
Acres to be protected:
Acres available crop/livestock:
Acres woodlands/wetlands:
Acres Prime Soils:
Acres Statewide Soils:
Reserved building sites:
See attached Location Map for Subject Parcels 0Vlap #1)
1000-84-4-1 & 1000-96-2-10
The farm is located on the south side of CR 48, and the west side
of Cox's Lane, in Cutchogue. It surrounds a small out parcel on
the comer of CR 48 and Cox's Lane.
33 acres (total area of the two parcels)
Tax parcel 84-4-1 is approx. 6 acres, tax parcel 96-2-10 is
approx. 27 acres.
25~- acres
25+ acres
0 acres woodlands/wetland
33 acres
0 acres
Approximately 8 acres to be reserved fi:om development rights
easement. Exact location undecided. Existing structures will be
located within reserved areas.
Nature of Farm Enterprise
The principal crop on this farm has historically been traditional row crop. New owner is one of the
largest farmland owners within Southold Town. Together with his son, he owns and operates over 500
acres of vineyard and owns and operates an established winery.
Farm Succession
Farm contains Prime Soils. The Farm is surrounded by active farms and in the vicinity of one of the
largest blocks ofpretected farmland within Southold Town. The farm is supported by irrigation wells,
barns and farmhouse.
Proximity to Protected Farms
Refer to attached Location Map #1 and Aerial Map # 10 showing subject property.
The farm is adjacent to approximately 10 acres of Town owned development rights. It is across the
railroad tracks from, and in the vicinity of over 280 acres of Town and County owned development
rights. The farm is across the street from 46 acres pending Town purchase of development rights.
Natural Resource Buffer
Parcel is located within Special Groundwater Protection Area (SGPA is a recharge watershed area
within a designated sole source aquifer area. Southold has a designated SGPA of approximately 2,900
acres). Parcel is within the Town's main area of agriculture. Refer to attached Location Map # 1
showing location of subject parcel in relation to other land in agricultural use. The farm parcel
contains significant read frontage. Therefore, the farm is an important scenic resource.
Landowner Commitment
See attached signed application from landowner
Landowner Information
o Landowner's Name:
o Farm Name:
o Farm Address:
Robert Rowehl
None
2755 Oregon Road, Mattituck
Property. Identification
o Location:
o Tax Map g:
o Driving directions:
See attached Location Map for Subject Parcels (Map gl)
1000-94-4-2 & 1000-100-2-6.1
The farm is located on the north side of Oregon Road in
Mattituck, just west of the intersection of Elijah's Lane and
Oregon Road. The number on the farmhouse mailbox is 2755.
Farmland Easement Information
o Total parcel area:
Acres to be protected:
Acres available crop/livestock:
Acres woodlands/wetlands:
Acres Prime Soils:
Acres Statewide Soils:
Reserved building sites:
32.25 acres (total area of the two parcels)
(Tax lot 944-2 is single and separate 5 acre lot,
tax lot 100-2-6.1 is 27.25 acre parcel)
29.25± acres
29.25± acres
0 acres woodlands/wetlands
32.25 acres
0 acres
Approximately 3 acres of tax parcel 100-2-6.1 will be reserved
from the development fights acquisition.
iN.,~o[ure of Farm
Enterprise
err Rowehl has been farming these parcels for over 25 years. In addition to his 25 acres, Mr.
Rowehl farms over 125 additional acres in the vicinity of his farm. The farm is a traditional Long
Island farm, producing mainly corn and grain.
Farm Succession
The farm is adjacent to, and in close proximity to protected farms. The farm contains Prime Soils and
allows for long straight rows. The farm is located within large area of other parcels in agricultural use.
The farm is supported by irrigation wells, support structures and a farmhouse.
Proximity to Protected Farms
Refer to attached Location Map gl and Aerial Map g 3 showing subject property.
The subject farm is adjacent to 11 acres of County owned development fights and across the street
from 36 acres of Town owned development rights. The farm is in the vicinity of an additional 125
acres of Town and County owned development rights. The farm is in the vicinity of 15 acres pending
Town purchase of development rights.
Natural Resource Buffer
Parcel is within the Town's main area of agriculture. Refer to attached Location Map g 1 showing
location of subject pamel in relation to other land in agricultural use.
Development Pressure
Development pressure is especially high on tax lot 944-2 as it is single and separate 5 acre building
lot.
Landowner Commitment
See attached signed application from landowner
.. Sufr~ Co._-~, A~qculO-u'al and Fam~md Prote~on Board
~o ~ cook.ye Euea~- S~ Coua~r
S~tevabe~ 17, 2004
Ms LucyRoberso~, Dire. tot
Di~ i~ion o£Fi~cal Man,count
10 ~ ~
~ ~y, N~ York 1223~
D~ ~ ~. Ro~ :
To~ ~ i~ ~ ~lic~o~ ~ ~ ~ ~d S~le ~ ~ help
de~ ~f ~. S~ ~ ~d i~ Towns ~ ~]ished ~
1~ ~ S~ Co~. ~s ~s ~ ~ ~ 23,3~6 ~/~ 1950. C~y
~b~ ~e T~ of Sou~ld'~s~on for matc~ N~ York
$chmiR
Agricultural and Farall~d Prote,;fion
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
Grant Agreement and reflect New 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, 10B Airline Ddve, 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 sixtieth 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 review and approval of the payment request, the Department
will transmit the request to the Comptroller for payment.
Appendix D
C800606 1
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 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 purchase of an interest in another approved parcel
contained in Appendix C or 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; and
3. require that all amendments to the approved easement be authorized
by the Department.
ALIENATION OF DEVELOPMENT RIGHTS
The Contractor shall notify the Department in writing if the Contractor
proposes to 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
which are subsequently alienated and reunited with the underlying fee title.
Appendix D
C800606 2
APPROVED AGREEMENTS AND MONITORING PLANS
The Contractor shall submit the proposed agreements to purchase
development dghts or to obtain a conservation easement, the monitoring plan
and any sub-agreement 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,
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
appropriations are made on a fiscal year basis. New York's fiscal year begins on
April 1 of each calendar year and ends on March 31 of the following calendar
year. Funds for payment under this Agreement were appropriated to the
Department during the 2004-2005 fiscal year and were reappropriated during
the 2005-2006 fiscal year. Payment for work under this Agreement which is
completed by the Contractor after the 2005-2006 fiscal year is subject to
appropriation or reappropriation of funds by the Legislature in each subsequent
fiscal year.
FINANCIAL LIMIT
The financial limit of State appropriated funds under this Agreement is
One Million Two Hundred Thousand Dollars ($1,200,000) and the
Department shall not be obligated to make any payment to the Contractor in
excess of that amount.
Appendix D
C800606 3
CONTRACT EXPENDITURES
Expenditures under this Agreement shall conform to the budget annexed
as Appendix B, provided however, that the Contractor may vary budget
amounts by not more than fifteen pement (15%) within each specific budget
category. Any budget variance in excess of fifteen percent (15%) shall be made
only upon the prior written approval of the Department. This paragraph does
not apply to budget amounts of one thousand dollars ($1,000.00) or less.
NON-DUPLICATION OF PAYMENTS
The payments received by the Contractor under this Agreement shall not
duplicate payments received from any other soume 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
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.
FINAL REPORT
Not later than sixty (60) 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.
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.
Appendix D
C800606 4
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 claim and cooperates fully with the Contractor in the defense of
any claims.
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 represents 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 wdtten 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
Appendix O
C800606 5
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.
MODIFICATION
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 Attomey General and the Comptroller of the
State of New York.
Appendix D
C800606 6
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (631) 765-571 l
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold. New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
FedEx No. 848526109515
September 27, 2005
Joseph R. DelVecchio
State Conservationist
Natural Resources Conservation Service
The Galleries of Syracuse
441 S. Sahna Street, 5t~ floor, Suite 354
Syracuse, Ix~' 13202'2450
Re:
Cooperative Agreement No. 73'2C31'5-836
USDA'NRCS and Town of Southold ' $714,605.00
Dear Mr. DelVecchio:
As instructed by Marilyn C. Stephenson, FRPP Program Manager, I am returning
the original amendment forms that will increase funding $202,705.00 to the Cooperative
Agreement for the Schmitt Farm. This amendment was signed by Southold Town Supervisor
Joshua Y. Horton as authorized and directed by the Town Board's adoption of resolution no.
2005'588 on this date.
Upon acquiring your signature on this document, kindly return a fully executed copy
of Amendment No. 1 to my office at your earhest opportunity. I will correct the original
contract to reflect the increase in obhgation of funds to $714,605.00 once I have received a
fully executed form.
Thank you for selecting the Town of Southold as a recipient of additional funding to
be used towards the preservation of ovx farmlands.
Administrative Assistant
encs.
CC: Southold Town Clerk w/encs.
Southold Town Attorney w/encs.
Amendment No. 1
To
Contribution Agreement No. 73-2C31-5-836
Between the
USDA-Natural Resources Conservation Service
And the
Town of Soutl~old
PURPOSE:
To amend the original agreement to increase $202,705 to this Cooperative Agreement for
an additional pending offer for the "Schmitt Farm". All other terms and conditions of the
original agreement remain unchanged and in full force and effect.
TOWN O~ SOUTI~LD
// SUPERVISOR
DATE: C']~/,P- -) /0 ~'''''~
USDA NATURAL RESOURCES CONSERVATION SERVICE
BY:
TITLE:
STATE CONSERVATIONIST
DATE:
Attachment A
List of Pending Conservation Easement Offers
Priority
Landowner
Name(s)
Address
Parcel(s) Acres Estimated Fed.
Identification Conservation Share
Easement Value
Deerkoski Farm 18.9 $793,800 $396,900
Wesnofske Farm 6.6 $230,000 $115,000
Shalvey Farm 16.0 $720,000 -0-
9~ SchmiltFarm 43.2 $1,728,000 ~ ~ ~O~,
Badenchini Farm 23.88 $716,400 -0-
Rowehl Farm 24 $960,000 -0-
ct/l~t/o.
12
NRCS
United States Department of Agriculture
Natural Resources
Conservation Service
Leo O'Brien Federal Building, Room 333, Albany, New York 12207
Phone (518) 431-4110 FAX (518) 431-4112
September 14, 2005
Mr. Joshua Y. Horton
Supervisor
Town of Southold
53095 Route 25, P.O. Box 1179
Southold, New York 14502
Dear Mr. Horton:
Enclosed you will find amendment forms to increase funding $202,705 to the Cooperative
Agreement for the Schmitt Farm. Attachment "A" reflects changes made, please incorporate into
your original contract
Please also correct on your original contract page 2, III. Obligation of Funds to reflect new dollar
amount of $714,605.
Mr. Horton, please sign two original forms. Please then transmit all original forms to Mr.
DelVecchio for his signature:
Joseph R. DelVecchio
State Conservationist
Natural Resources Conservation Service
The Galleries of Syracuse
441 S. Salina Street 5th Floor, Suite 354
Syracuse, New York 13202-2450
If you have any questions please call me at (518) 431-4110 or e-mail me at the following address:
marilyn.stephenson(&ny.usda, gov.
Sincerely,
--~j~Marilyn C. Stephenson
FRPP Program Manager
USDA-NRCS
8EP 16 2005
DEPI. OF LAND
PR[SERVATION