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HomeMy WebLinkAboutAgricultural Development Rights - 1983 :PY~al foY'!\. R,lq., - -to be cLt6~~~ QJ Il~7 0-.li:f; ~. ~ 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 . 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, ~aJ 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 r~ 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 L 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 r r L October 4, 1983~ 285 . 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 . 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 286 October .4, 198. . 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 I 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 . ~'......... 'f<" . . .~~ 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 19. fIb) r L 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. . 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; II [.'tt... ~-~,~ ,. L r r L October 4, 1983. 289 . 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- . . . . 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. . . - -, 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 ~ \ t' I" ~ III II! '" , .J '. (. , '- \- ~",,,,, , ' -~\ (:'\ ",.,. I ('/ ' ~'" ), .,' '., /' '. ~ " (. II. " / ":1:< (, " 'r tt i :r ( ('\ " i # H\.'"t ,4;'4 "I ,....' ~: .. (. \", , '. . , . . 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 -J <( C~J :2 Dc ~LJ..I Q:;i:i: ~;;t', ;= (V')ffi CJj (.) g\--~ 0....1- _.0.. Lu (.) UJ a: C\! ~ 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. (5 I \ ~ II (:' ~ ~ v v "' 'Z'.:: .:: tt: c . -z ~ o : "CJ -u p::. -t ...... .." '0 0 ~-oo ~ ~~ ~~~ v ~p::. 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N .o+,~ ::> ~.~ .~ 1Il! 0 ;: Z; ~ .0"" .O,....t 0 <II ~ ~: 0 ~ 1 ~ ~ ~o z~! ~ +J"d O~O." .- W ~~ ~(f)~~~ ~: 2~O ..I-Oi.... ! ~ .- w ~ 5 ffi "8 '.. II ~ o ::?: ~Q) ~ 0 .5. Q. ~ ~~+J::S g. E V< d~ i ~ 0 0 ~~:;HD ~O i- ~ I- g g8~ '5 ~ ~ ~ ~ : "ul ~1 ~ ~ - g ~ ~ !~ ~ ~ a .i:: S! ~ : <D ~.rn ~ os ~. ~ _ '" CERTifIED MAil N l1.)?-i l'l T REGISTERED, INSURED AND RETURN RECEIP . ;; . , "" \ . . 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: . . . ,. EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York October 4, 1983 * * * 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 * * * Councilman Lawrence Murdock,Jr.offered the following resolution and moved its adoption: . . , ,< 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 ($1,750,000) and said cost to be financed by the issuance of serial bonds of the Town of Southold, New York? . . '.. W:>~ J~?',,~- .F"'l.i~'4'J.:ilQ'"'~..~:t.~~Jlft'<:W:~-~....._ -.Lr.f!Sl'B:!i~ ~ou-,'''r;p D ...... 1"1....... Tt)WfJ'S , r? 1"'\ :"'i r'"<l ~,' F', f\, PI ('("\ t /,,\ ' , , It /,,:, "'I ' p:;1I,"1, ",', """L,!)' fj t.. ,:-,,<!~ :, ,....,: ;;1 1"" \ i 1 \' : -,'; <$ [f... tJ \J U 'J c:; ,~'" \,:, u u d l", ~,:."",,...,7' 'C"ta tt~ ' ("'",]j("~':', ,(" ~ F'\ (ff','~\ ~ (C.", f\ (l!~ 'y' \,' , ,', , ''',' "J ni" " ,.,!,-" I" I -' \;,.....' ,...." .. ",y , " r, '-,j I"" ',' ." , ,,' ''''-: -' ." "1 I \ U" U'., ;I' t _, ' "-0, :,', ',1 i '.... .. )', '., \,- ,'__ ,1 - ;'"! ',~_,; A ,~\,: It li \J \.3 'ltJ1I \c,,:;) li .,,) \j <J ,~ ,l J \~./ U d ~'T1 ~ I~~'\ ;/'" ,."'~ f" ", ,f"'l, (",i),jf' ",;'ti,.' ,I 'J ;_";/ I ",,~, ,j' /: i :7'::~ i ;~./ '~,':,;: '-', c .~, \" 'i \'. ' I .\. , ,_ I.. ~ U "iJ "">, '~j lj "0 i.: 'J .; \J " dt:::) ',<~ C.J] ~2~ <'c 'V L ,~,,~~ ~,'')' _ '-".-'11'.1';;>:",' ,~,\\''''::'', .r( .,' - 1J. ,-~ \\,'t!.',cJ ~\, I ", IJ"" ,:..,-e:-!A;;;\,; ,'\' .4-..\ .~(d t."'-t.,...." '''_n' ~ -,;. ;,' \.k - -~/ \:-;~:c I ~ .fA'''\. V\ \~: ~'l'! F<~- ",..,r -J .. . --,(/\ \; r r n~""'-""\',,//','I-'t.,_'':- r-\\, O't:,l;'~&(,j' "'" ,_,.,__'r,',', ":\' />".'1 , - / "---"--"'Ir-~-.c:.-: ~\ I (;y' -' >--' I _ ,-::., -: I . _ ,l.' ...~, /-,:\~ \11"~; I "' '..J-',' --,' I,J,....... .' ,./ , If-i~""-~" j ~ -1.'\;'--"AIl~- ,'-:.'-'!;)~,_ , ~L .,. ........,... -.-....-_"'"1;-~-:':"..J ~ '--,' - '\ '.:.. 7/i .....____.t- . ~~~. ,ri~-"" ;;'l;.j_:_,~,..x."" ,-"' ,J-tt.........., ,,,,,,,:.-v',~-, c- )., ,<.,';' ::......... ,)...,..... \/'.....,.:;;~ '<'"---, ,.' -VA ... ,..<""",- ,..--,:\-. '" /' -- - ' /' .... '"... ~ ' .,"'" ~ ',,_.... .,._ _ ..._ '. .. _ _', " 'r~~ r-~' . ~- ~~.,--, 4_ $.--:JZ" ;-..' ~~"" ,.:- . ,~_ ~.~.~...."~....~ ~.;J .. / ~1 II ~ ; I \b.z~~:~'lo:~~JL;.li'.~~JllOlL~~~~~~J'./~.;..'lSl::;;l;:~,';'~"I1Ni''''''~~.!':'''~'''''';;...:''':''''''''~~"~":""':~'.%JJ:'-J . . . "destroy our farms .., Burn down your cities and leave our farms, and your cities will spring up again as if by magic: but destroy our farms, and the grass will grow in the streets of every city in the country." That may have been overdramatic even in the time of William Jennings Bryan, who said it, when farming played a much larger role in the economic life of the country than it does today. Neverthe- less, now as then, Bryan's hyperbole conveys a kernel of truth that Americans can ill afford to ignore, especially at a time of growing food scarcities worldwide, of sharply rising food prices even 1n this agriculturally rich country and ~he relentless urban encroach- ment on farmland and other environmentally essential open spaces. Saving the farmer may not be the salvation of urban man. But maintaining productive and prosperous fLirming, especially on the outskirts of sprawling cit1es, is an essential :'drt of the tasl, this nation faces in attempting to restore economiu, ecological and social balance to this urbanized society.'" Copyrighted 1974, New York Times, reprinted by permission. - - ~ ~ -- -- A.. .:>-'".~~ 't9 ~ .-C.Y- ..' "",,::':l"==',.,):/ /-:;}- .,L;F IIIJ?r . ;!i?L=-~~ '/$f~;L__, ,J;J/},~?a'~.1 ~- , ' '/, }-"'''''-'' ~~ ,~.-_...,. ...--,... ,l(: "l'''~..'''::~':. ~:::f''-':''-:-'-I".,-r ld':+-O. . , - l::~- //,-;- ...~~---=-..~' ',f.~ - . ~j.,' '?/;(/.IJ,IJ_~.;/,/P!~,"" '~~,:!ii1 -'.':~'" ~~IIII d'111 r-~ /.~~" .'.....;. ,.,v' ',;tl '. //,--'"--~ I ' " '7'1 "---?J\...- ~ ",- t I ,.j---<,f';' '.'.:c ,~;'/ /.5.':':-",C- C';," \i :.1 i.J-:;'~.:-,- -~.::!' ~/i-'-~~'~ " !~'\t~~~.~:- ~?-.: ;Eh /~ ~':'?:!0-t~:!'&.'} \ 'fr"?,, /1 .,r-;t" ~ 'l~"~ ".? r~; ,\ t---'-= 1~::~; , ~. , ~-';' ~ ':t. ;...6U1__ . ',:......,,'.1:'''-'~ II!;. --;-rnt1]"~~,\\\,,<, ~'u, ~,;'; ~..,.,;.. 'liJ.!'I\i-,- .....___J ,.' L.. . -...,._ ---,' ~ ,'t"::: --.. ......... A .7~:. . -"""'-45. ~ '" -.;, W Son , th",o ill tho r"rtile v alloy -, oar iUlccnton3 01 n..z.o...1. ,m I tAt -. .V"" . . - 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. 2 . . 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. 3 . . 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. 4 . . 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. 5 . . 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 6 . ! . . 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: 7 I . . 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. 8 I I . 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. 9