HomeMy WebLinkAboutAgricultural Development Rights - 1983
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January 1987
Southo1d Town Board
Town Ha 11
Main Road
Southo1d, New York 11971
Dear Town Board Member:
The Southo1d Town Farmland Preservation Committee has, for the
past two years, been actively engaged in the purchase of development
rights of farmlands within the Township. While we have been
moderately successful in this endeavor, we have encountered instances
where in looking at a particular parcel, there are environmentally
sensitive lands we would like to purchase to preserve them in their
natural state. However, we are not able to do so because they are not
farmlands.
With this in mind, the Committee would like to request that the
Town Board consider another bond issue to be placed on this November's
ballot for the purchase of lands that are either environmentally
sensitive, such as wetlands along our many waterways, or that should
be purchased to retain open space, or for future water supply
purpose~. These purchases could be either outright purchases or just
the development rights similar to the farmland program.
Our Committee is willing to assume the extra duties associated with
this program because if we are successful with the second bond issue,
it would also enable us to accept lands that some owners may wish to
donate if they were assured that the lands would remain forever in
their natural state.
If our request meets with your approval, please take whatever
action is necessary so that we can begin the process of drafting the
necessary resolutions that must be enacted as well as the guidelines
and rules and regulations under which the program would be
implemented.
We sincerely hope that you look favorably upon our request and we
will be pleased to meet with you to answer any questions you may have.
Very truly yours,
284
October 4, 198it
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SUPERVISOR PELL: Number 18 We are going to wait on. We're not
ready to move on that one tonight. (Rental of IBM Electronic 85
Typewriter for the office of Justice Tedeschi.)
19. Moved by Councilman Murdock, seconded by Councilman Murphy,
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BOND AND CAPITAL NOTE RESOLUTION OF THE TOWN
OF SOUTHOLD, NEW YORK, ADOPTED OCTOBER 4,
1983, AUTHORIZING THE ACQUISITION OF CERTAIN
DEVELOPMENTAL RIGHTS IN PRIME AGRICULTURAL
LANDS IN AND FOR SAID TOWN, STATING THE
ESTIMATED MAXIMUM COST THEREOF IS $1,750,000,
II
APPROPRIATING SAID AMOUNT THEREFOR, AND
AUTHORIZING THE ISSUANCE OF $87,500 CAPITAL
NOTES TO PROVIDE THE REQUIRED DOWN PAYMENT,
AND $1,662,500 SERIAL BONDS OF SAID TOWN TO
FINANCE THE BALANCE SAID APPROPRIATION.
Recitals
WHEREAS, Section 247 of the General Municipal Law,
constituting Chapter 24 of the Consolidated Laws of the State of
New York, authorizes the Town.of Southold, Suffolk County, New
agricultural production, which development rights represent
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York, to acquire developmental rights in lands used in bona fide
permanent legal interests or rights in land, for the preservation
_ of open space and area; and
WHEREAS, the acquisition of developmental rights in
prime agricultural lands located throughout the Town for the
preservation of open space and area is found and determined to be
necessary and in the public interest and a proper public purpose
of the Town in accordance with the findings and determinations of
the State Legislature as set forth in such Section 247 of the
General Municipal Law;
NOW THEREFORE BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF
SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, (by the favorable
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vote of not less than three-:-fifths of all the members of said
Board) AS FOLLOWS:
Section 1. The Town of Southold, in the County of
Suffolk, New York .(herein called "Town"), is hereby authorized to
acquire such developmental rights in various parcels of prime
agricultural lands in the Town for the preservation of open space
and area as may be authorized, from time to time, by the Town
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October 4, 1983~
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Board of the Town, after due notice and a public hearing,
pursuilnt to said Section 247 of the General Municipal Law,
including incide~~~l costs in relation thereto, such acquisition
being hereby found and determined to be necessary and in the
public interest and a proper public purpose of the Town in
accordance with the findings and determinations set forth in said
Section 247. The estimated maximum cost of said specific object
or purpose, including preliminary costs and costs incidental
thereto and the financing thereof, is $1,750,000 and said amount
is hereby appropriated therefor. The plan of financing includes
the issuance of $87,500 capital notes to provide the required
down payment, the issuance of $1,662,500 serial bonds of the Town
to finance the balance of said appropriation, and the levy and
collection of taxes on all the taxable real property in the Town
to pay the principal of said bonds and the interest thereon as
the same shall become due and payable.
Section 2. Capital notes in the principal amount of
$87,500 and serial bonds of the Town in the principal amount of
$1,662,500 are hereby authorized to be issued pursuant to the
provisions of the Local Finance Law, constituting Chapter 33-a of
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said Consolidated Laws (herein called "Law"), to finance the
balance of said appropriation not provided by said current funds.
Section 3. The following additional matters are hereby
determined and declared:
(a) The period of probable usefulness of said specific
object or purpose for which said $1,662,500 serial bonds
authorized pursuant to this resolution are to be issued, within
the limitations of Section 11.00 a. 21(a) of the Law, is thirty
(30) years.
(b) Current funds are required by the Law to be
provided prior to the issuance of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation
thereof and such current funds will be provided from the proceeds
of the capital notes herein authorized to be issued. The
Supervisor is hereby authorized and directed to set aside said
current funds and to apply same solely to said specific object or
purpose herein d~scribed.
(c) The proposed maturity of the bonds authorized by
this resolution will exceed (5) years.
Section 4. Each of the notes and bonds authorized by
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October .4,
198.
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this resolution and any bond anticipation notes issued in
anticipation of the sale of said bonds shall contain the recital
of validity as prescribed by Section 52.00 of the Law and said
notes and bonds and any notes issued in anticipation of said
bonds, shall be general obligations of the Town, payable as to
both principal and interest by general tax upon all the taxable
real property within the Town without limitation of rate or
amount. The faith and credit of the Town are hereby irrevocably
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pledged to the punctual payment of the principal of and interest
on said notes and bonds and any notes issued in anticipation of
the sal~ of said bonds and provision shall be made annually in
the budget of the Town by appropriation for (a) the amortization
and redemption of the notes and bonds and any notes in
anticipation thereof to mature in such year and (b) the payment
of interest to be due and payable in such year.
Section 5. Subject to the provisions of this resolution
and of the Law and pursuant to the provisions of Section 30.00 of
the Law, relative to the authorization of the issuance of bond
anticipation notes and of Section 50.00 and Sections 56.00 to
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60.00 of the Law, the powers and duties of the Town Board
relative to authorizing bond anticipation notes and prescribing
the terms, form and contents and as to the sale and issuance of
the notes and bonds herein authorized and of any bond
anticipation notes issued in anticipation of said bonds, and the
renewals of said notes, are hereby delegated to the Supervisor,
the chief fiscal officer of the Town.
Section 6. The validity of the notes and bonds
authorized by this resolution and of any notes issued in
anticipation of the sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to
expend money, or
(b) the provisions of law which should be complied with L
at the date of the publication of such resolution
are not substantially complied with, and an action,
suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication, or
(c) such obligations are authorized in violation of the
provisions of the constitution.
Section 7. A Proposition for the approval or
disapproval of this resolution shall be submitted to the
qualified voters of the Town at the Biennial Town Election to be
held November 8, 1983, and this resolution shall take effect upon
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October 4, 198~ 4t
the approval of the Proposition by said voters of the Town at
287
that referendum vote.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: This will be on the ballot in November as a
Proposition.
Moved by Councilman Nickles, seconded by Councilman Murphy, it was
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD,
IN COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS:
Section 1. At the Biennial Town Election of the Town of Southold
(herein called "Town"), in the County of Suffolk, New York, which is to
be held on November 8, 1983, between the hours of 6:00 o'clock A.M.
(LS.T.) and 9:00 o'clock P,M.(E.S.T.) or as much longer as may be
necessary to enable the voters then present to cast their votes. the
following Proposition contained in the Notice hereinafter set forth shall
be submitted to the qualified voters, as hereinafter referred to. The
polling places in each of the respective election districts of the Town of
Southold shall be the same polling places as shall be used at the General
Election to be held on that day.
SectiOn 2. The Town Clerk is hereby authorized and directed to
publish at least once in "The Long Island Traveler-Mattituck Watchman"
and the "Suffolk Times" hereby designated the official newspapers of the
Town for such publication, and to post on the sign board of the Town
maintained pursuant to subdivision 6 of Section 30 of the Town Law, said
publication and posting to be at least ten (10) days before such Biennial
Town Election, Notice that the Town Board will submit for the approval
or disapproval of the resolution hereinabove referred to in such Notice
as follows:
TOWN OF SOUTHOLD
NOTICE OF PROPOSITION
TO BE SUBMITTED AT THE
BIENNIAL TOWN ELECTION
TO BE HELD ON NOVEMBER 8, 1983
NOTICE IS HEREBY GIVEN that at the Biennial. Town Election of the
Town of Southold to be held on November 8, 1983, between the hours of
6:00 o'clock A.M. (E.S.T.) and 9:00 o'clock P.M.. (E.S.T.), the
following Proposition will be submitted to the qualified electors of the
Town of Southold, to wit:
288
October 4,
198.
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PROPOSITION NO.2
shall the resolution entitled; "BOND AN D CAP IT AL NOTE
RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED OCTOBER 4, 1983, AUTHORIZING THE
ACQUISITION OF CERTAIN DEVELOPMENTAL RIGHTS IN
PRIME AGRICULTURAL LANDS IN AND FOR THE TOWN,
STATING THE ESTIMATED MAXIMUM COST THEREOF IS
$1,750,000., APPROPRIATING SAID AMOUNT THEREFOR, AND
AUTHORIZING THE ISSUANCE OF $85,500. CAPITAL NOTES
TO PROVIDE THE REQUIRED DOWN PAYMENT, AND
$1,662,000. SERIAL BONDS OF SAID TOWN TO FINANCE THE
BALANCE OF SAID APPROPRIATION, "be approved?
NOTICE IS FURTHER GIVEN that the polling places in each of the
respective election districts of the Town of Southold shall be the same
polling places as shall be used for voting at the General Election held on
that day.
An abstract of said resolution, concisely stating the purpose and ,
effect thereof, is as follows:
FIRST; RECITING that Section 247 of the General
Municipal Law authorizes the Town of Southold ("Town") to acquire
developmental rights in lands used in bona fide agricultural
production for the preservation of open space and area; that the
acquisition of such developmental rights in prime agricultural
lands throughout the Town is determined to be necessary and in
the public interest and a proper public purpose of the Town
pursuant to said Section 247;
SECOND: AUTHORIZING the Town to acquire such
developmental rights in various parcels of prime agricultural
lands in the Town for the preservation of open space and area as
may be authorized, from time to time, by the Town Board of the
Town, after due notice and a public hearing, pursuant to Section
247 of .the General Municipal Law, including incidental costs in
relation thereto; FINDING AND DETERMINING such acquisition to be
necessary and in the public interest and a proper pUblic purpose
of the Town in accordance with the findings and determinations.
set forth in said Section 247; and STATING the estimated maximum
cost of said specific object or purpose, including preliminary
costs and costs incidental thereto and the financing thereof, is
$1,750,000; APPROPRIATING said amount therefor and AUTHORIZING
the issuance of $87,500 capital notes to provide the required
down payment; and $1,662,500 serial bonds to finance the balance
of said appropriation; STATING the plan of financing is the
.. issuance of said capital notes and said serial bonds and the levy
of a tax upon all the taxable real property within the Town to
pay the principal of said notes and bonds and the interest
thereon.
THIRD: AUTHORIZING the issuance of $87,500 capital
notes and $1,662,500 serial bonds of the Town pursuant to the
Local Finance Law of the State of New York (the "Law") to finance
the balance of said appropriation not provided by said current
funds;
FOURTH; DETERMINING the period of probable usefulness
of said specific object or purpose is thirty -(30) years; that
current funds are required by said Law and wjll be provided from
the proceeds of the capital notes and DIRECTING the Supervisor to
set aside said current funds and apply the same solely to the
said specific object or purpose; STATING that the proposed
maturity of the bonds will exceed five (5) years;
FIFYH: DETERMINING that said notes and b8~ds and any
bond anticipation notes issued in anticipation of 3aid bonds and
the renewals of said notes shall be general obligations of the
Town and PLEDGING to their payment the faith and credit of the
Town;
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October 4, 1983.
289
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SIXTH: DELEGATING to the Supervisor the powers and
duties as to the issuance of said notes and bonds and any bond
anticipation notes issued in anticipation of said bonds, or the
renewals thereof; and
SEVENTH: DETERMINING that a Proposition for the
approval or disapproval of the resolution shall be submitted to
the qualified votersof the Town at the Biennial Town Election on
November 8, 1983 and shall take effect upon such approval.
Section 1. After said Bond and Capital Note Resolution
shall take effect, the Town Clerk is hereby directed to cause
same to be published, in full, in the newspaper referred to in
Section I hereof, and hereby designated the official newspaper
for said publication, together with a Notice in substantially the
form as provided by Section 81.00 of the Local Finance Law,
constituting Chapter 33-a of the Consolidated Laws of the State
of New ,York.
Section 2. This resolution shall take effect
immediately.
Vote of the Town Board: Ayes: Councilman Townsend Councilman
Murphy, Councilman Murdock, Councilman Nickles, sup~rvisor Pell.
This resolution was declared duly ADOPTED.
20. Moved by Councilman Townsend, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Tips and Tails, 726B Roanoke Avenue, Riverhead, New
York, for the construction of a Handicapped Ramp, consisting of
anew concrete entrance and a new wOOd and concrete ramp to allow
wheelchair entrance to the main hall of the Amer~can Legion (Griswold-
Terry-Glover Post No. 803), in Southold, New York, all ~n accord-
ance wich the b~d documents, at the base bid/lump sum conctract
price of ~6,900.00.
'Vote ot the Town Board: Ayes: Counc~lman Townsend, Councilman
Murphy, Counc~lman Murdock, Counc~lman Nickles, Supervisor Pell.
Th~s resolut~on was declared duly ADOPTED.
21. Moved oy Councilman MurdoCK, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of SOuthold declare itself
lead agency in regard to the State Environmental Quality Review
Act in the matter of the application of Michael J. Hall, Attorney,
on behalf of Frank and Marqaret Rosenberq for a Wetland Permit
on certain property located on Gull,Pond on the south side of
Champlin Place, Greenport, New York.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor pell.
This resolution was declared duly ADOPTED.
22.
Moved by Councilman Townsend, seconded by Councilman Murdock, it was
RESOLVED that the Southold Town Board declare itself lead agency
in regard to the State Environmental Quality Review Act in the
matter of the application of Frederick Falconer for a Wetland
Permit on certain property located on East Creek, on the north
side of Fleetwood Road, Cutchogue, New York.
Vote of the Town Board: Ayes: Councilman Townsend, Councilman
Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED. -
23. Moved by Supervisor pell, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
David Spohn as client contact to act as Southold Town's official
representative on the Airport Site Selection/Master plan Study
being conducted by PRC Speas, and be it further
RESOLVED that the Town Board of the Town of Southold hereby appoints
the following individuals to serve on the Technical Advisory Committee
(TAC) for the Airport Site Selection/Master Plan Study being conducted
by PRC Speas: One representative from the Federal Aviation Adminis-
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RECEIVED
NOV 2 3 1983
Town Clerk Southold
BOARD OF ELECTIONS
FRANK COVENEY
DEMOCRATIC COMMISSIONER
COUNTY OF SUFFOLK
YAPHANK, NEW YORK 11980
TEL.9Z4-4300
EVERETT F. McNAB
REPUBLICAN COMMISSIONER
November 22, 1983
Southold Town Hall
Judith T. Terry, Town Clerk
Main Road
Southold, N.Y. 11971
Dear Mrs. Terry,
We,Everett F. McNab and Frank Coveney, Commissioners of Elections in and for the
County of Suffolk, pursuant to instructions received from your office, have directed to
be placed on the ballot at the November 8th, 1983 General Election the following
proposition:
PROPOSAL NO. 11
TOWN PROPOSITION NO. 1
Shall Resolution No. 23, adopted by the Town Board of the Town of Southold on
June 7, 1983, entitled "Resolution adopted June 7, 1983, change the term of office of
the Trustees of the Town of Southold from two years to four years," be approved?
The total YES vote 3,242
The total NO vote
2,621
PROPOSAL NO. 12
TOWN PROPOSITION NO. 2
Shall the resolution entitled: "Bond and Capital Note Resolution of the Town of
Southold, New York, adopted October 4, 1983" authorizing the acquisition of certain
developmental rights in prime agricultural lands in and for the town, stating the
estimated maximum cost thereof is $1,750,000., appropriating said amount therefor,
and authorizing the issuance of $85,500. Capital notes to provide the required down
payment, and $1,662,000. serial bonds of said town to finance the balance of said
appropriation, "be approved?
The total NO vote
3,478
2,379
The total YES vote
Continued.
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Therefore, we do hereby certify that the above canvass and recanvass for the
General Election held on the 8th day of November, 1983 is a true and complete copy
of the original on file in the office of the Suffolk County Board of Elections.
In witness whereof, we have hereunto set our hands and affixed the seal of the
Board of Elections of Suffolk County this 22 day of November, 1983, at Yaphank,
New York.
Sincerely,
.--r: ... ,~~. "1M..C '), ~V'.
Everett F. McNab, Commissioner
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November 3, 1983
To Inspectors of Election at the November 8, 1983 Election
Proposition No. 2 will be submitted to the electors at the November 8,
1983 election. This proposition provides for a Bond and Capital Note
Resolution of the Town of Southold in the amount of $1,750,000.00 which
is being submitted for the approval or disapproval of the electors.
It is required that the Inspectors at each polling place execute an Oath
of Inspectors of Election and a Certificate of Inspectors of Canvass of
Votes.
Accordingly, enclosed herewith are four (4) copies of said Oath of
I nspectors and four (4) copies of the Certificate of I nspectors of
Canvass of Votes. Prior to the opening of the polls, the Oath of Office
of Inspectors must be executed by all Inspectors in quadruplicate.
After the polls have closed and the results obtained, all Inspectors must
execute the Certificate of Inspectors of Election of Canvass of Votes in
quadruplicate. All of the documents should then be delivered to the
Town Cle,-k's Office on the day following the election.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STYIISTICS
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Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Commissioner Everett F. McNab
Suffolk County Board of Elections
Yap hank Avenue
Yaphank, New York 11980
Dear Commissioner McNab:
October 6, 1983
Transmitted herewith is Proposition No.2, Town
of Southold, Suffolk County, New York, as well as the
abstract of the resolution and abstract of the bond
resolution adopted by the Southold Town Board on October
4, 1983. This Proposition No. 2 is to be placed on the
voting machine ballot strip and absentee ballots for
the November 8, 1983 General Election in the Town of
Southold. Under separate cover I am transmitting Prop-
osition No. 1.
If you have any questions, do not hesitate to contact
me.
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TOWN OF SOUTHOLD
NOTICE OF PROPOSITION
TO BE SUBMITTED AT THE
BIENNIAL TOWN ELECTION
TO BE HELD ON NOVEMBER 8, 1983
NOTICE IS HEREBY GIVEN that at the Biennial Town Election of the
Town of Southold to be held on November 8, 1983, between the hours of
6:00 o'clock A.M. IE.S.T.J and 9:00 o'clock P.M. IE.S.T.J, the
following Proposition will be submitted to the qualified electors of the
Town of Southold, to wit:
PROPOSITION NO.2
shall the resolution entitled: "BOND AND CAPITAL NOTE
RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED OCTOBER 4, 1983, AUTHORIZING THE
ACQUISITION OF CERTAIN DEVELOPMENTAL RIGHTS IN
PRIME AGRICULTURAL LANDS IN AND FOR THE TOWN,
STATING THE ESTIMATED MAXIMUM COST THEREOF IS
$1,750,000., APPROPRIATING SAID AMOUNT THEREFOR, AND
AUTHORIZING THE ISSUANCE OF $85,500. CAPITAL NOTES
TO PROVIDE THE REQUIRED DOWN PAYMENT, AND
$1,662,000. SERIAL BONDS OF SAID TOWN TO FINANCE THE
BALANCE OF SAID APPROPRIATION, "be approved?
NOTICE IS FURTHER GIVEN that the polling places in each of the
respective election districts of the Town of Southold shall be the same
polling places as shall be used for voting at the General Election held on
that day.
An abstract of said resolution, concisely stating the purpose and
effect thereof, is as follows:
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EXTRACT OF MINUTES
Meeting of the Town Board of the Town
of Southold, in the County of Suffolk, New York
October 4, 1983
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A regular meeting of the Town Board of the Town of
Southold, in the County of Suffolk, New York, was held at the
Town Hall, Southold, New York, on October 4, 1983 at 7:30
o'clock R.M. (D.S.T.).
There were present: Hon. William R. Fell, III,
Supervisor
and Councilmen: John J. Nickles
Lawrence Murdock, Jr.
Francis J. Murphy
Joseph L. Townsend, Jr.
There were absent: Justice Raymond W. Edwards
Also present: Judith T. Terry, Town Clerk
Robert W. Tasker, Town Attorney
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Councilman Lawrence Murdock,Jr.offered the following
resolution and moved its adoption:
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BOND AND CAPITAL NOTE RESOLUTION OF THE TOWN
OF SOUTHOLD, NEW YORK, ADOPTED OCTOBER 4,
1983, AUTHORIZING THE ACQUISITION OF, CERTAIN
DEVELOPMENTAL RIGHTS IN PRIME AGRICULTURAL
LANDS IN AND FOR SAID TOWN, STATING THE
ESTIMATED MAXIMUM COST THEREOF IS $1,750,000,
APPROPRIATING SAID AMOUNT THEREFOR, AND
AUTHORIZING THE ISSUANCE OF $87,500 CAPITAL
NOTES TO PROVIDE THE REQUIRED DOWN PAYMENT,
AND $1,662,500 SERIAL BONDS OF SAID TOWN TO
FINANCE THE BALANCE SAID APPROPRIATION.
Recitals
WHEREAS, Section 247 of the General Municipal Law,
constituting Chapter 24 of the Consolidated Laws of the State of
New York, authorizes the Town of Southold, Suffolk County, New
York, to acquire developmental rights in lands used in bona fide
agricultural production, which development rights represent
permanent legal interests or rights in land, for the preservation
of open space and area; and
WHEREAS, the acquisition of developmental rights in
prime agricultural lands located throughout the Town for the
preservation of open space and area is found and determined to be
necessary and in the public interest and a proper public purpose
of the Town in accordance with the findings and determinations of
the State Legislature as set forth in such Section 247 of the
General Municipal Law;
.
.
"
NOW THEREFORE BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF
SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, (by the favorable
vote of not less than three-fi.fths of all. the rnembersof said
Board) AS FOLLOWS:
Section 1. The Town of Southold, in the County of
Suffolk, New York (herein called "Town"), is hereby authorized to
acquire such developmental rights in various parcels of prime
agricultural lands in the Town for the preservation of open space
and area as may be authorized, from time to time, by the Town
Board of the Town, after due notice and a public hearing,
pursuant to said Section 247 of the General Municipal Law,
including incidental costs in relation thereto, such acquisition
being hereby found and determined to be necessary and in the
public interest and a proper public purpose of the Town in
accordance with the findings and determinations set forth in said
Section 247. The estimated maximum cost of said specific object
or purpose, including preliminary costs and costs incidental
thereto and the financing thereof, is $1,750,000 and said amount
is hereby appropriated therefor. The plan of financing includes
the issuance of $87,500 capital notes to provide the required
down payment, the issuance of $1,662,500 serial bonds of the Town
to finance the balance of said appropriation, and the levy and
collection of taxes on all the taxable real property in the Town
to pay the principal of said bonds and the interest thereon as
the same shall become due and payable.
.
.
Section 2. Capital notes in the principal amount of
$87,500 and serial bonds of the Town in the principal amount of
$1,662,500 are hereby authorized to be issued pursuant to the
provisions of the Local Finance Law, constituting Chapter 33-a of
said Consolidated Laws (herein called "Law"), to finance the
balance of said appropriation not provided by said current funds.
Section 3. The following additional matters are hereby
determined and declared:
(a) The period of probable usefulness of said specific
object or purpose for which said $1,662,500 serial bonds
authorized pursuant to this resolution are to be issued, within
the limitations of Section 11.00 a. 21(a) of the Law, is thirty
(30) years.
(b) Current funds are required by the Law to be
provided prior to the issuance of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation
thereof and such current funds will be provided from the proceeds
of the capital notes herein authorized to be issued. The
Supervisor is hereby authorized and directed to set aside said
current funds and to apply same solely to said specific object or
purpose herein described.
(c) The proposed maturity of the bonds authorized by
this resolution will exceed (5) years.
Section 4. Each of the notes and bonds authorized by
this resolution and any bond anticipation notes issued in
anticipation of the sale of said bonds shall contain the recital
of validity as prescribed by Section 52.00 of the Law and said
.
.
.'
notes and bonds and any notes issued in anticipation of said
bonds, shall be general obligations of the Town, payable as to
both principal and interest by general tax upon all the taxable
real property within the Town without limitation of rate or
amount. The faith and credit of the Town are hereby irrevocably
pledged to the punctual payment of the principal of and interest
on said notes and bonds and any notes issued in anticipation of
the sal~ of said bonds and provision shall be made annually in
the budget of the Town by appropriation for (a) the amortization
and redemption of the notes and bonds and any notes in
anticipation thereof to mature in such year and (b) the payment
of interest to be due and payable in such year.
Section 5. Subject to the provisions of this resolution
and of the Law and pursuant to the provisions of Section 30.00 of
the Law, relative to the authorization of the issuance of bond
anticipation notes and of Section 50.00 and Sections 56.00 to
60.00 of the Law, the powers and duties of the Town Board
relative to authorizing bond anticipation notes and prescribing
the terms, form and contents and as to the sale and issuance of
the notes and bonds herein authorized and of any bond
anticipation notes issued in anticipation of said bonds, and the
renewals of said notes, are hereby delegated to the Supervisor,
the chief fiscal officer of the Town.
Section 6. The validity of the notes and bonds
authorized by this resolution and of any notes issued in
anticipation of the sale of said bonds, may be contested only if:
.
.
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to
expend money, or
(b) the provisions of law which should be complied with
at the date of the publication of such resolution
are not substantially complied with, and an action,
suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication, or
(c) such obligations are authorized in violation of the
provisions of the constitution.
Section 7. A Proposition for the approval or
disapproval of this resolution shall be submitted to the
qualified voters of the Town at the Biennial Town Election to be
held November 8, 1983, and this resolution shall take effect upon
the approval of the Proposition by said voters of the Town at
that referendum vote.
*
*
*
The adoption of the foregoing resolution was seconded by
Councilman Francis J. Murphy
and duly put to a vote on roll
call, which resulted as follows:
AYES: Councilman Townsend, Councilman Murphy,
Councilman Murdock, Councilman Nickles, Supervisor Pell.
NOES: None.
The resolution was declared adopted.
************
CouncilmanJohn J. Nickles offered the following resolution
and moved its adoption:
.
.
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD,
IN COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS:
Section 1. At the Biennial Town Election of the Town of Southold
(herein called "Town"), in the County of Suffolk, New York, which is to
be held on November 8, 1983, between the hours of 6:00 o'clock A.M.
(E.S.T.) and 9:00 o'clock P,M.(E.S.T.) or as much longer as may be
necessary to enable the voters then present to cast their votes. the
following Proposition contained in the Notice hereinafter set forth shall
be submitted to the qualified voters, as hereinafter referred to. The
polling places in each of the respective election districts of the Town of
Southold shall be the same polling places as shall be used at the General
Election to be held on that day.
Section 2. The Town Clerk is hereby authorized and directed to
publish at least once in "The Long Island Traveler-Mattituck Watchman"
and the "Suffolk Times" hereby designated the official newspapers of the
Town for such publication, and to post on the sign board of the Town
maintained pursuant to subdivision 6 of Section 30 of the Town Law, said
publ ication and posting to be at least ten (10) days before such Biennial
Town Election, Notice that the Town Board will submit for the approval
or disapproval of the resolution hereinabove referred to in such Notice
as follows:
.
.
TOWN OF SOUTHOLD
NOTICE OF PROPOSITION
TO BE SUBMITTED AT THE
BIENNIAL TOWN ELECTION
TO BE HELD ON NOVEMBER 8, 1983
NOTICE IS HEREBY GIVEN that at the Biennial Town Election of the
Town of Southold to be held on November 8, 1983, between the hours of
6:00 o'clock A.M. IE.S.T.J and 9:00 o'clock P.M. IE.S.T.J, the
following Proposition will be submitted to the qualified electors of the
Town of Southold, to wit:
PROPOSITION NO.2
shall the resolution entitled: "BOND AND CAPITAL NOTE
RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED OCTOBER 4, 1983, AUTHOR I ZING THE
ACQUISITION OF CERTAIN DEVELOPMENTAL RIGHTS IN
PRIME AGRICULTURAL LANDS IN AND FOR THE TOWN,
STATING THE ESTIMATED MAXIMUM COST THEREOF IS
$1,750,000., APPROPRIATING SAID AMOUNT THEREFOR, AND
AUTHORIZING THE ISSUANCE OF $85,500. CAPITAL NOTES
TO PROVIDE THE REQUIRED DOWN PAYMENT, AND
$1,662,000. SERIAL BONDS OF SAID TOWN TO FINANCE THE
BALANCE OF SAID APPROPRIATION, "be approved?
NOTICE IS FURTHER GIVEN that the polling places in each of the
respective election districts of the 'Town of Southold shall be the same
polling places as shall be used for voting at the General Election held on
that day.
An abstract of said resolution, concisely stating the purpose and
effect thereof, is as follows:
.
.
FIRST: RECITING that Section 247 of the General
Municipal Law authorizes the Town of Southold ("Town") to acquire
developmental rights in lands used in bona fide agricultural
production for the preservation of open space and area; that the
acquisition of such developmental rights in prime agricultural
lands throughout the Town is determined to be necessary and in
the public interest and a proper public purpose of the Town
pursuant to said Section 247;
SECOND: AUTHORIZING the Town to acquire such
developmental rights in various parcels of prime agricultural
lands in the Town for the preservation of open space and area as
may be authorized, from time to time, by the Town Board of the
Town, after due notice and a public hearing, pursuant to Section
247 of .the General Municipal Law, including incidental costs in
relation thereto; FINDING AND DETERMINING such acquisition to be
necessary and in the public interest and a proper public purpose
of the Town in accordance with the findings and determinations
set forth in said Section 247; and STATING the estimated maximum
cost of said specific object or purpose, including preliminary
costs and costs incidental thereto and the financing thereof, is
$1,750,000; APPROPRIATING said amount therefor and AUTHORIZING
the issuance of $87,500 capital notes to provide the required
down payment; and $1,662,500 serial bonds to finance the balance
of said appropriation; STATING the plan of financing is the
. issuance of said capital notes and said serial bonds and the levy
of a tax upon all the taxable real property within the Town to
pay the principal of said notes and bonds and the interest
thereon.
THIRD: AUTHORIZING the issuance of $87,500 capital
notes and $1,662,500 serial bonds of the Town pursuant to the
Local Finance Law of the State of New York (the "Law") to finance
the balance of said appropriation not provided by said current
funds;
FOURTH: DETERMINING the period of probable usefulness
of said specific object or purpose is thirty "(0) years; that
current funds are required by said Law and will be provided from
the proceeds of the capital notes and DIRECTING the Supervisor to
set aside said current funds and apply the same solely to the
said specific object or purpose; STATING that the proposed
maturity of the bonds will exceed five (5) years;
FIFTH: DETERMINING that said notes and bonds and any
bond anticipation notes issued in anticipation of said bonds and
the renewals of said notes shall be general obligations of the
Town and PLEDGING to their payment the faith and credit of the
Town;
.
.
SIXTH: DELEGATING to the Supervisor the powers and
duties as to the issuance of said notes and bonds and any bond
anticipation notes issued in anticipation of said bonds, or the
renewals thereof; and
SEVENTH: DETERMINING that a Proposition for the
approval or disapproval of the resolution shall be submitted to
the qualified votersof the Town at the Biennial Town Election on
November 8, 1983 and shall take effect upon such approval.
DATED: October 4, 1983
Judith T. Terry
Town Clerk
. .
Section 1. After said Bond and Capital Note Resolution
shall take effect, the Town Clerk is hereby directed to cause
same to be published, in full, in the newspaper referred to in
Section 1 hereof, and hereby designated the official newspaper
for said publication, together with a Notice in substantially the
form as provided by Section 81.00 of the Local Finance Law,
constituting Chapter 33-a of the Consolidated Laws of the State
of New York.
Section 2. This resolution shall take effect
immediately.
*
*
*
The adoption of the foregoing resolution was seconded by
Councilman Francis J. Murphyand duly put to a vote on roll call, which
resulted as follows:
AYES: Councilman Townsend, Councilman Murphy,
Councilman Murdock, Councilman Nickles, Supervisor Pell.
NOES: None.
The resolution was declared adopted.
********
i'
.
.
.
General - No Veto
12/1/69 (3M)
CERTIFICATE
I, JUDITH T. TERRY, Town Clerk of the Town of Southold,
in the County of Suffolk, State of New York, HEREBY CERTIFY that
the foregoing annexed extract from the minutes of a meeting of
the Town Board of said Town of Southold duly called and held on
October 4, 1983, has been compared by me with the original
minutes as officially recorded in my office in the Minute Book of
said Town Board and is a true, complete and correct copy thereof
and of the whole of said original minutes so far as the same
relate to the subject matters referred to in said extract.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the corporate seal of said
Town of Southold this 5th
day of October,
1983.
h3td4~~<:-L--
,/ Town Clerk C7
(SEAL)
.
.
August 29, 1983
Southold Town Board
Southold Town Hall
53095 Main Road
Southold, New York 11971
Dear Supervisor Pell and Members of the Town Board:
As Chairman of the Farmland Preservation Advisory Committee, I am pleased
to report that the Committee has completed the task you charged it with.
We were to phrase a question to be placed on the ballot at the next general
election to ask the registered voters of the Town of Southold to approve a
bond proposition for the purpose of purchasing the development rights from
the owners of agricultural land within the Town of Southold. In addition,
we were to develop a set of guidelines for a Farmland Preservation Program
for the Town of Southold.
Enclosed with this letter you will find Proposition #1, which is the bond
issue question to be placed on the ballot for the November election. Also
enclosed are the guidelines for the implementation of a Farmland Preserva-
tion Program.
The Committee met many times, during which we studied the established Farm-
land Preservation Programs of Suffolk County, East Hampton Town and
Southampton Town. We also consulted with The Town Assessor's Office, the
Town Attorney, bonding counsels, representatives of the three established
farmland programs and the Chairman of our Town Planning Board.
We agonized for several weeks over the amount of the bond issue that we
felt would be both acceptable and approvable by the voters of the Town. In
arriving at the figure we did, $1,750,000, we felt it was one, while some-
what modest in the overall concept of a Farmland Preservation Program, that
could purchase a meaningful amount of agricultural land and demonstrate to
the people of Southold Town that a viable Farmland Preservation Program
could be established. The Committee realizes that the preservation of our
agricultural lands and the heritage of Southold Town cannot be accomplished
solely by a Farmland Preservation Program, but will have to be accomplished
by good planning; sound zoning; the use of clustering concepts; the transfer
of development rights, and a Farmland Preservation Program all working in
,
,
.
.
Southold Town Board
Page 2
August 29, 1983
conjunction with one another. The sum of $1,750,000 will represent to the
average taxpayer of Southold Town, one whose home is assessed at $75,000,
a yearly increase in his Town tax of approximately $30 a year. This is
about the cost of a husband taking his wife out to dinner once. This seems
little enough to ask to try and preserve what we all love and cherish.
The Committee is available to meet with you to answer whatever questions you
may have. It has been a pleasure to work on this Committee, and for the
Committee I express our thanks for the opportunity to work on this project
and for the trust you placed in us.
Very truly yours,
&-R ~'
Bud Cybulski, Chairman
Farmland Preservation Advisory Committee
BC/jhn
Enclosures
~
.
.
PROPOSITION #1
Shall the Town of Southold adopt a local law providing for the
acquisition of development rights to certain farmlands situated within
the Town, the total cost of acquisition of any or all of such development
rights not to exceed one million seven hundred and fifty thousand dollars
($1,750,000) and said cost to be financed by the issuance of serial bonds
of the Town of Southold, New York?
.
.
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"destroy our farms ..,
Burn down your cities and leave our farms, and your cities will
spring up again as if by magic: but destroy our farms, and the grass
will grow in the streets of every city in the country."
That may have been overdramatic even in the time of William
Jennings Bryan, who said it, when farming played a much larger role
in the economic life of the country than it does today. Neverthe-
less, now as then, Bryan's hyperbole conveys a kernel of truth that
Americans can ill afford to ignore, especially at a time of growing
food scarcities worldwide, of sharply rising food prices even 1n
this agriculturally rich country and ~he relentless urban encroach-
ment on farmland and other environmentally essential open spaces.
Saving the farmer may not be the salvation of urban man. But
maintaining productive and prosperous fLirming, especially on the
outskirts of sprawling cit1es, is an essential :'drt of the tasl, this
nation faces in attempting to restore economiu, ecological and social
balance to this urbanized society.'"
Copyrighted 1974, New York Times,
reprinted by permission.
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Background and Situation Statement
;:~
: Southold Town occupies the last 69 square miles of the North Fork of Long Island.
Approximately 19,500 people live on its 44,000 acres.
Southold Town is one of New York State's leading agricultural towns in terms of
the sales value of its products. Agricultural production includes potatoes,
nursery stock, and flowers and ranks high in vegetables. A few fruit and horse farms
comprise the remainder.
The acreage still under cultivation is about 12,000; however, this figure dimin-
ishes yearly. The soils of these farmlands are among the Dcst. Most are acidic,
medium textured, deep and well drained and then respond well to intensive management.
These soils, coupled with the long growing season, permit production of high quality
vegetables and fruits. However, economic conditions favor more mechanized forms of
agriculture; hence, potatoes are the predominate crop.
Concerned about the rapidly dwindling acreage of farmland, the Town Board appoint-
ed a Farmland Preservation Committee for the purpose of studying ways to reverse the
trend. This committee has reviewed the various mechanisms for saving farmland and has
concluded that the purchase 0f development rights in a prograrr similar to the Suffolk
County Farmland Preservation Program should be the first phase in the overall program
designed to preserve the agricultural heritage e>f the Town.
Considering the unique set of economic ,----Social,. and environmental factors BSSDe iated
with Southold' s farmlands, the Committee hereby recommends the purchase by the Town of
the development rights of as many acres as can be purchased by a bond issue in the amount
of $1,750,000.
Program Concepts
The ownership of land carries with it certain rights to make "improvements" of
the land consistent with government regulations. These rights to improve or develop
land constitute a part of the total package of interests and rights referred to as
developraent rights. The Town's program calls for the purchase of these development
rights of prime agricultural lands.
The owner, in selling the development rights, retains the rights of ownership
and possession, plus the right to use and sell the land solely for agricultural purposes.
The owner does not relinquish in any way, the ownership of the land. Rather,. the owner
simply relinquishes the right to "develop" the land.
The Town, upon acquisition of the development rights, intends to retain them in
perpetuity. Provisions have been made allowing sale of the rights but only if author-.
ized by a majority of the voters in a Townwidc referendum.
Participation in the Town's program is entirely voluntary. All owners of fa.rm-
land located anywhere in the Town are eligible to ma.ke an off~r to the Town.
The underlying assumption of the program is that the acquisition of do:'velopment
rights of the farmland will stimulate reinv('stm(~nt in 3ericulturc and will encourage
other farmland owners who do not participate in the program tc continue their 1.and itl
agricultural production. Althuugh acquisition of dcv01opmc.f1t rights of .::l.11 or most of
the farmlands is the ideal solution to saving ag-ricultural lunds in Southold Town,
1
.
.
.
financial limitations make this non-fcasible. Hence, it will be necessary to
encourage the use of other preservation alternatives to save farmland not included
in the Town program.
Enabling Legislation
Southold Town's program to purchase farmland development rights is based on
Section 247 of the NYS General Municipal Law. The complete wording of this statute
is as follows:
Section 247, General Municipal Law: Acquisition of Open Space
1. Definitions. For the purposes of this chapter an "open space" or "open area" is
any space or area characterized by (1) natural scenic beauty, or (2) whose exist-
ing opennesst natural condition, or present state of use, it retained, would erulance
the present or potential value of abutt ing or surround '."6 urban devc lopment, or
would maintain or enhance the conservation of natural or scenic resource. FOI
purposes of this section natural resources shall include but not be limited to
agricultural lands defined as open lands actually used in bona fide agricultural
production.
2. The acquisition of interests or rights in real property for the preservation of
open spaces and areas shall constitute a public purpose for which public funds may
be expended or advanced, and any county, city, town or village after due noticc
and a public hearing may acquire, by purchase, gift, grant, bequest, devis~ lease
or otherwise, the fee or any lesser interest, development rights, easement, covenant
or other contractual rights necessary to achicve the purposes of this chapter, to
land within such municipality. In the case of a village the cost of such acquisi-
tion of interests or rights may be in'curred wholly at the expense of the village,
at the expe~se of such owners and partly at the expense of the village at large as
a local improvement in the manner provided by Article Twenty-two in the village law
entitled local improvements.
3. After acquisition of any such interest pursuant to this'act the valuation placed on
such an open space or area for purposes of real estate taxation shall takE' into
account and be limited by the limitation on future use of the land.
A Local Law for the Acquisition of Development
probably have to be adopted by the Town of Southold.
version of Suffolk County Local Law No. l6~198l:
Rights in Agricultural Lands will
The following draft is a modified
Section 1. Legislative Findings
a. The State of New York, by various legisl,tive enactments has cmphaticRlly
stated it tJ be a most important state policy to conserve and protect and to
encourage the improvement of agricultural lands, both for the production of
food and the preservation of such lands as valued natural and ecological re-
sources. It has further stated that the expc-:,nditure of Town funds to acquire
legal interests and rights in such lands is in furtherance of such policy and
is a proper expenditure of public funds for public purposes.
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b. The Town is in complete accord with such policy and this local law is intended
to indicate generally the procedures which will be employed by the Town in its
pursuit of its goal to protect and conserve agricultural lands.
Section 2. Definitions
a. "Agricultural lands" shall mean lands used in bona fide agricultural production.
b. "Agricultural production" shall mean the production for commercial purposes of
all those items and products as defined in N.Y.S. Agriculture and Markets Law,
Section 301 as constituted on the effective date hereof.
e. "Development right" as authori7.ed by Section 247 of the N.Y.S. General Municipal
Law, as amended, shall mean the permanent legal interest and right to permit,
require or restrict the use of the premises exclusively for agricultural production
as the term is presently defined in Section 301 of the N.Y.S. Agriculture and
Markets Law, and the right to prohibit or restrict the use of the premises for
any purposes other than agricultural production.
d. "Interest or right" in real property shall include all legally recognized interests
and rights in real property other than fee simple.
e. "Structure" shall mean anything constructed or erected which requires location
in, on, or under the ground, or attachment to something having a location in, on,
or under the ground i',,'luding fences.
f. "Alienation" shall '"ean the transfer of any development right in real property
from Southold Town to another.
g. "Committee" shall mean the Southold Town Farmland Committee.
Section 3. Procedures
a. When authorized by the Southold Town Board, the Town Supervisor offers for the
sale of development rights in agricultural lands to the TO'ffi. Following rc-
eeipt of such offers, the Supervisor shall cause an appraisal of the market
value of such development rights to be made. After a report on the matter by
the Supervisor to the Town Board, the Tm'" Board shall hold a public hearing
on the question of the acceptance of one or more of such offers. Said hearings
shall be held upon such notice given in such manner as the TO'ffi Board may deter-
mine.
b. Within thirty (30) days after such public hearing, the Town Board shall make a
decision upon the matter of such offers.
Section 4. Alienation of Development Rights
a. Unless authcrized by local law recommended by the Committee and Town Board, and
approved upcn mandatory referendum, development rights acquired by the Town in
agricultural lands shall not be alienated in any manner.
b. In deter-mini.ng whetl:1er to recommend the alienation of development rights, the
Committee shall take into consideration (1) the continuing practicality of the
use of the remainder fee of lands, (2) th2 development rights which havp been
acquired by the Town, (3) such factors as the uses to which adjacent larids have
been put, and (4) the necessity for thc use of the lands for another governmental
purpose.
Section 5. The Sout.hold Town Fanlland Committee
a. The Committee is hereby constituted as a continuing Agency of Southold To",n
Government.
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b. It shall consist of seven (7) members, who shall be appointed by the
Town Beard.
c. The Chairman of the Committee shall be designate" by the Committee.
d. The Committee shall have the authority: (1) to recommend to the Town
Board the lands which may be acquired for the development rights,
(2) to review any matters relevant to development rights and the
agricultural economy in general, (3) to serve as a review board for the
granting of permits for the construction or erection of structures on
those properties covered by the developD,ent rights, (4) to promulgate
such rules and regulations as may be nectossary to carry out the intent
of this local law and to govern the administration and functions of the
Southold Town Farmland Committee, and (5) to maintain a map inventory
of all Town agricultural lands.
Section 6. Conflicts
a. Notwithstanding the provlslons of any special law, local law or resolution
which may be inconsistent, herewith, in whole or in part, this local law
shall in all respects control in the matter of the acquisition or aliena-
tion of development rights in agricultural lands.
Definition of Agricultural Production
Southold Town Local Law, Section 2b, defines agricultural production as "the
production for commercial purposes of all those items and products~d~f-ined in
N.Y.S. Agriculture and Markets Law, Section 301... "The following are "these items
and products" as they appear in Section (4):
4. Crops, livestod: and livestock products inclulled, but not limited to, the
following:
a. Field crops, including corn, wheat, oats, rye, barley, hay, potato'Os, dry
beans.
b. Fruits, including apples, peaches, grapes, cherries, berries.
c. Vegetables, including tomatoes, snap beans, cabbage, carrots, beets, and
onions.
d. Horticultural specialties, including nursery stock, ornamental shrubs,
ornamental ~rees, and flowers.
e. Livestock and livestock products, including cattle, sheep, hogs, goats,
horses, pouitry, furbearing animals, milk, eggs, and furs.
f. Woodland products, including logs, lumber, posts, firewood, and maple syrup,
if such products are produced on property otherwise used for agricultural
production~
Farmland Selection Criteria
In evaluating the offers to sell development rights, the co;runittee considers
several criteria previously formulated by the COIM1ittee.
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The following are the criteria used to evaluate bids:
1. Acreage: No minimum for individual parcels but, with other adjacent parcels
they should comprise large tracts of open land totaling 200 or more acres.
2. Soil: Class I and II soils (U.S. Soil Conservation Capability Ratings) are
given priority.
3. Price: Asking price should be reasonable and realistic. If exhorbitant,
bids may be summarily rejected. Ultimate price determined by professional appraisal.
4. Contiguity: Individual parcels must be adjacent or contiguous to other
open farmland. Small isolated parcels are seldom condusive to mechanization and
expansion of operations.
5. Development pressure: Parcels which are under imminent threat of develop-
ment are given high priority, assuming they meet other criteria.
6. Buffer zones: Tracts of land (not individual parcels) which are bounded
by roads or open space (woodland, wetland, etc.) are preferred since these separate
farming operations from othe; noncompatible land uses.
7. Current use:
being fallow, is given
Land which is currently
highest priority.
under cultivation, as opposed to
Program Implementation Procedures
The procedures used in implementing the farmland p,eservation program were
devised by the Cownittee with the approval of the Town Board. The following is
the step-by-step procedure established for the purpose of selecting and review-
ing bids and transacting the purchasR of developnlent rights. The procedures in-
volve actions on the part of the Supervisor's Office, the farmland owners, the
Committee, and the Town Board.
1. Committee identifies farmland parcels and their owners.
a. Information obtained from tax rolls and maps.
b. File folder prepared for each parcel or cwner.
2. Town Supervisor mails letter with bid form to each owner.
a. Directions for submitting bids included.
b. Letter specifies bid deadline date.
3. Owners receive and consider invitation to submit bids.
a. Owner rejects the offer.
1) Process ends at this step.
b. Owner accepts the offer: prepares and submits bid.
4. Town Supervisor reads bids on deadline date.
5. Southold Town Assessor's Office prepares maps showing parcels and tax map numbers.
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6. The
Committee evaluat(>s bids using previous established criteria
a. Separate lists compiled of acceptable and unacccptable bids
1) For unacceptable bids, process ends at this step
7. Appraisals conducted on acceptable parcels to determine development rights
values
a. Conducted by private appraisal firms
b. Town Assessor's Office verifies figures
8. Committee presents appraisal information to landowners
9. Landowners and Corr:mittee discuss contract terms
10. If agreement is reached, Town Attorney's Office prepares the contract
11. The Town forwards the contract to the landowner for signing
a. Landowner returns signed contract to the Committee
i2. Contracts forwarded to the Town Attorney's Office for review
13. If cleared by the Town Attorney, the contracts are forwarded to the Town Board
J.4. Town Board holds a public hearing and votes to approve or disapprove the con-
tracts
15. If approved, Town representatives sign the contracts
16. Committee arranges for a boundary survey of the property
a. Conducted by a private surveying firm
17. Committee arranges for a title search
a. Conducted by a private title insurance firm
18. Upon receipt of the survey and title abstract, the Committee reviews and
forwards these documents to the Town Attorney who arranges for the closing
transaction
19. The title is closed and the property owner is paid
Required Resolutions
Specific approval
tat ion of the program,
resolutions:
of the Town Board
The following is
is requin'd at key steps iri the implem"n-
a list of the steps requiring legislat ive
1. Approval of capital program
a. Simple majority required
2. Approval of implementation procedures
a. Simple D,ujority required
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3.
Approval of bond
a. 2/3 majority
issue resolution
rcquired
4. Approval of contracts and paymcnts
a. Simple majority required
Program Fin'!.':.cing
Tne method selected for financing the purchase of development rights is
the sale of 20-year general municipal bonds. Actual purchases plus administra-
tive costs are paid by monies from the sale of these bonds. All bond resolutions
must be approved by a two-thirds majority of the Town Board.
All payments to the landOlmers are made as a lump sum cash payment following
the closing transactions.
Forms & Legal Documents
There arc sever"l forms and legal documents which the
must negotiate in implementing the farmland program. These
contract, full disclosure statement and deed or indenture.
bid form and deed are as follows:
landowner and Town
include the bid form,
The wording of the
Bid Form
TO: Southold Town Board
Town Hall
Main Road
Southold, New York
The undersigned hereby offers to sell and c0nvey to. the Town of Southold the
"development rights" (defined as all of the undersigned's rights, title and ilterest
to the real property, except legal title, the right of possession, and the right to
use the property for agriculture) for the following dcscribcci real property for the
sum of $ To consummate the sale and transfer of said development rights
and in consideration for the payment by the TO';ffi to the unde1Csigned of the said sum
of $ the undersigned agrees at the time of such p:oyment to execute and
deliver to the Town an indenture (or deed) of convey development rights, as well as
the full disclosure statement.
The property w1ich is the subject of this offer is described on my tax bill as
follows:
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and consists of acres, more o-r le~s. It is understood and agreed by
the undersigned that the computation of the acreage of the property offered may be
subject to a survey to be performed at Town expense.
(Print Name)
(Signature)
(Address
Date:
NOTE: The Voluntary Offer of Sale is not binding on the landowner. It is not a
legal bid in the usual sense of the term but is simply a notice from the lando''ller to
the Town expressing interest in selling development rights of a. certain p"rcel at
certain price. The Town has no obligation to accept the bid.
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Deed of Development Rights
THIS INDENTURE, made the
dny of
, 19_, between
party of the first part, and the To>m of Southold, a municipal corporation
having its office and principal place of business at Southold, New York, party
of the second part;
WITNESSETH
That the party of the first part, in consideration of $10.00 and other good and
valuable consideration paid by the party of the second part, does hereby grant and
release unto the party of the second part, its successors and assigns forever, the
Development Rights, by which is meant the permanent legal interest and right, as
Juthorized by Section 247 of the New York State General Municipal Law as amended,
to permit, require or restrict the use of the premises exclusively ,for agricultural
production as that term is presently defined in Section 301 of the New York State
Agricultare and Markets Law, and the right to prohibit or restrict the use of the
premises for any purpose other than agricultural production, to ALL that certain
plot, piece or parcel of land, situate, lying and being in the
(DESCRIPTION)
TO HAVE AND TO HOLD the said Development Rights in the premises herein granted unto
the party of the second part, its successors and assig~s forever;
AND the party of the first part convenants that the party of the first part has not
done or suffered anything whereby the said premises have been encumbered in any way
whatever, except as aforesaid. The part of the first part, as a convenant running
with the land in perpetuity, further convenants and agrees for the party of the first
part, and the heirs, legal representatives, succ(>ssors and assigns of the party of
the first part, to use of the premises on and after the date' of this instrument sole-
ly for the purpose of agricultural production.
The word "party" shall be construed as if it read "parties" whenever the sens" of
this indenture so requires.
IN WITNESS ~ffiEREOF, the part of the first part has duly executed this deed the day
and year first above written.
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