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Home My WebLink AboutAg & Farmland Protection Impl GrantRESOLUTION 2008-529 ADOPTED DOC ID: 3882 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-529 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 20, 2008: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute New York State Department of Agriculture and Markets Contract C800655 in connection with Agricultural and Farmland Protection Implementation Grant in the amount of $1~166~946 for the term December 20, 2007 through March 31, 2010, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Airline Drive Albany, New York 12235 Fax (518) 485-7750 July 3, 2008 Town of Southold ATTN: Melissa Spiro 53095 Route 25 PO Box 1179 Southold, NY 11971-0959 Contract Title: Agricultural & Farmland Protection Implementation Grant- C800655 Dear Ms. Spiro: Enclosed is a fully- executed copy of your agreement with this Department. Please call me at (518) 457-0864 or e-mail me at emma.graham@agmkt.state.ny.us if you have questions. Emma Graham Contract Management Specialist II /db Enclosure cc: D. Farber DEPT. OF LAND PRESERVATION AGREEMENT New York State Department of Agriculture and Markets 10B Airline Drive Albany, NY 12235-0001 Agency Code 06000 AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION GRANT Contract Authority: Agriculture and Markets Law, Article 25-AAA Contract Number: C800655 Amount of Agreement: $1,166,946 Contract Period: 12/20/07 to 3/31/10 Municipal Code: 4703-7900-0000 Contractor Name/Project Sponsor: Town of Southoid Street: 53095 Route 25 P.O. Box 1179 Billing Address (if different from above): Street: City: Southold State: NY City: State: Zip: Title/Description of Project: Agricultural & Farmland Protection Implementation Grant zip: 11971-0959 THIS AGREEMENT INCLUDES THE FOLLOWING: FOR AMENDMENTS CHECK THOSE THAT APPLY: [] This Coversheet [] Appendix A (Standard Clauses for all New York State Contracts) [] Appendix B (Project Budget) [] Appendix C (Award Letter(s) & Portion of Applicant's Proposal) [] Appendix D (The Department's General Conditions) [] Appendix E (Final Report Documentation Checklist) [] Appendix F Other (Identify) [] Additional Work [] Extension of Time From to [] Increase Amount [] Decrease Amount [] Revised Budget [] Revised Scope of Work [] Other If Increase/Decrease in Amount: Previous Amount: $ Increase/decrease New Total: $ The Contractor and the Department agree to be bound by the terms and conditions contained in this Agreement. CONTRACTOR NYS DEPARTMENT OF AGRICULTURE & MARKETS ; Signature ~~tive: Signatu re °f Auth°rized//7(~¢l: Typed or Printed Name of Above Represen~ ~ ~ ~ Typedo~Printed Name of Above Official: Scott A. Russell t~ g5 ~ ~ ROBERT M. HAGGER~ 'ESt Title of Authorized Representative: · ~c ~;~ ~odzed ~icial: Deputy Commissioner Southold Town Supervisor No~w Public: On this~ay of ~ 20~before me State Age cy~l,'~,,~ ',,, =J;;:;~,, , the acceptance pemonally appeared ~ ~ ~ ~ ~ c(e ~/ . to of this cor r~ ~1~ ~.~inJ copies of this signature ~B&~~t er exact copies me known, and ~9~ ~ ~ ~ ~m~ho executed the above i~~ ~ ~e~e e~tion of the of this cortact. A~orney General: Approvec BY: Dato: DEPT Of LgND PRESERVATION ST_~JqI).~R/) CLAUSES FOR A~'S CO~%~3R.ACTS o~cr a~t of amy ~d ~crctha~r, "thc co~c~" or "~is con--t") a~z ~ be bo~d b~ the fdilo~n~ c~a~es which ~ m~ a p~n of ~c contra (~c word "C~or" h~em rcf=~ m ~y p~ o~ ~ ~e Smt~, whc~cr a c~t~or, Iic~s~, llcc~c=, ~ssor, Icssm or my o~cr p~): L ~0RY ~AUS~ ~ ~d~c: ~th S~ctio~ 41 of ~c Smc F~mcc ~, thc Smtc sh~l have no h~ih~ ~r ~is con.ct to ~c Con--mr ~ m ~yonc c~se b~ond ~n~ appmpnatod md ~a/lab~: for ~is =on~L t. NON-~S]G~ ~AUSE. I~ ~cord~c: ~ Section 138 of ~c S~ Fi~ ~w. ~s con~t may not be ~si~cd ~ ~e Cou~ or ~ tight, Bbc or ~t~c~ ~crcth ~si~ed, conveyc~ mbiat or o~c~ise ~spos~ of ~out ~e p~viom pm~t m ~cic 5-A of ~e &m~ Fthmc: Law g. CO~O~ER'S ~ROV.~, In accordmcc wi~ Section }I2 of Ec gm~ Fth~cc ~w (or. if t~s con~t ~ ~th ~e S~ Uuive~i~ or Ci~ Univ~i~ of New Yo~, SecIiOB 355 or Sectio~ 6218 of ~e Education Law~, If ~is con~t :xcee~ I50~000 (or ~e ~mlmum ~reshdi~ a~ecd to by ~e Office of ~e State Comp~dil~ for S.U.~.Y. ~d C.U.N.Y con~m~, or if Els is ~ mcndmcnt for m7 moral or ii by ~s con~ ~a State a~ess to g~ve some~mg o~cr e~idmtion exc*e~ ~ 0,000~ it shall nat be vab~ effective or bind~g ~]cd in his office. Comp~olle~s approve of con,cB let by ~e Office (State F~ance Law Section 4. WO~' CO~ENSA~ON BE~T8. In ~cord~e= with crop ovc*s m ~ rcqu~ed to be covered ~ the provmions of ~e W o~crs~ Compmsabon Laa'. nano~ one: (a) dis=~nam in ~nng agmnst any New York mrm=n who m qmiified ~d avababie to p~om ~e work; or ~age ! of gS0.00 per person per da), for an7 violatmn of Se~Pon 220-e or SecUm~ 239 as well as possible t.?tmnation of tins contract and for~mmre of aL1 moneys due hereunder for a second or subsequent 6. WAGE A.ND HOURS PROVISIONS, If this ss a punic work ¢onmmt covered by Article 8 of the Labor Lax or a building service contract covered by Artmie 9 th~=o:~ neither Contractor's employees nor the employees of its subcontractors may be required or pcrmitmd to work more than the number of hours or days stated m said statutes, cxecot as otherwise provided m the Labor Law and as set forth prcv;,iiing wage and supplement schedules issued by the Stat* Labor least the prevailing wage rate and pa)' or provide the prevaiiing supplements, thcludmg the premiam rates for overtime pay, as dctormthed by thc State Labor Department in accordance with the Labor Law. 7, NON-COLLUSIVI~ BIDDING CER.'I. llqCATION. In accordance with Secuon 139-d of the gtat* Finance Law, ii' tkns contract was awarded based upon the submission of bids, Contractor affinm, undar ~enalty of perjury, that its bid w~s arrived at independently md without collusion armed at restricting competition. Contractor fi.rrther affirms that, at thc time Contractor submitted its bi& an authorized and rcspons~ie person executed and delivered to the State a non-collusive bidding certificaUon on Contramo#s behalf. g, INTEP~A.TIONAJ~ BOYCO2W YROFHIIITION In accordant* with Section 220-f of the Labor Law and Section I39-h of the State F~nance Law, if this contract exceeds S5,000, the Contractor a_gmes, as substanUab¥ owned or affiiiamd person, [arm parmership or corporation boycott m violation o£ the fed~ Export Admmistranon Act of 1979 (50 USC App. Sectmns 2401 et seq.) or regulations thereunder. If sm:h Contramor, or any of thc aioresa~d affilimes of Contractor, is convicted or is otherwise found to have vthiamd said laws or regulations upo~ the £mal determmafion of the Ummd Smzes Commcmc Deparm~cm or any other ~ppropnatc agency of the United Stazcs subsequent te the shall b* r~d~red thdeit and void. The Contractor shall so notify the State Comptroll~ within five (5) business days of such conviction, datcnmnauon or disposition of appeal (2NYCP.~LK 105.4). 9. SET-OFF 1L~Glffrs. The Stat* shall have all of its common law, mounts due and ov, ung to thc State with regard to this contr~t, any other ctmwaat with any State depar~n=nt or agency, inciuding any mounts due and owing to the State for an3, other mason mctudthg, · mthota timimtiom tax dclinqu~-mcies, i~.. dalinqucncies or monetary. penalties relaUYe thereto. Tn-. State shall e. xcrms= its sat-off tighls in accordance with normal Stmc practices including, in eases o£ scs-off pursuant to an audit, the finalization of such audit by thc State 10. RECORDS. The Conu'actor shall establish and mathtam complete directly pertinent to p~dormance und~ tiu~ eon~t Cnemma-%:. coliec~ve¢, "the k-.corcts"). The Kecords must be k~-p.t for the of the calendar ?.~r m wi~cb they wcm made and for ~ix (6) addir/onai yem th.~r=after. The State ComptroB~, the .&rmmcy General and any June. 2006 v~thm th~ Smt~ of Ne'~ York o:~ ~f no such o~c= is av~bl~, mt mu~l)y ~ ~d ~on~l¢ v~u~ ~m ~ S~a, for ~¢ t~ Con~mr shall ~y mfo~ ~ appro~ate Sm~ o~cia[, m ~al ~id mcor~ should not be ~sciose~ ~d (ii) said m~or~ shall ~ci~tly id~nfifie& and (ii9 ~si~ti~ of amd mco~ = exempt ~is~ or m ~y ~y ~e~eiy ~ec~ ~e Store's n~t to ~cov~ in !1. ~E~G ~O~ON ~ P~A~ NO~CA~ON. ia) ~oE~ E~LO~R ~CA~ON ~ER ~Oor ~ SOCI~ SE~ ~E~ for ~e sM~ of goo~ or semxces or ~e Ieee of r~l or p~monM such n~b:n. Pailure to include ~is n~be; or nmbcm may ~) P~ACY NO~CA~ON. (1) ~e authonw ~ request the o~:r pu~ose au~onzed by (2) ~ae p=monal mfo~auon m requested by ~e purch~mg ~it of p~on~ ~op:~' oov~d by ~s co~t or ~e, ~e iMo~auon employ'm~nt, job assignmen~ promotion, upgradings, de. motion, tramM~r, layoff, or ~nmmn ~d roms of ~y or o~= fo~ compe~auo< ~) m ~ requ~t of ~e aon~c~g ~:~, ~ C~mr shall ~ ~at ~h ~o~ or ~res~nmfive ~11 ~afiwly ~opemm m (c) ~e Con~ctor ~ s~, ~ ~ solici~om or adv:ms~m=~ for ~s~mafion beca~e of ~:. ~c& color, ~on~ ofi~ se~ age, propc~ ~d ~mprovam~ ~on (~e '~ork") except where apply to: (i) work, goods or semi.es ~lated ~ thzs con.t; or 1~. SER~ OF PROCESS. i~ addinon to the mc~o& of allowed by ~e Sram Civil ~firc Law & Kffics ("~LR"), Con.mot ~e rs~ Ms.of by ~c United Sm~s ~ost~ S~i~s ~ re.ed or Con.mot w~l have ~, (30) c~lend~ day~ a~ s~mlce hercund~ June, 2006 STau~Genn m an~ ~OB flYS F'OltTBACT~ lC. PROBIBIT1ON ON pLrRCt~kSE OF TROPICAL I:L, kP-~WOODS. The Contractor aerdfies ~ud warrants *,hal all wood ~roduct. s m be mod ~d~ ~s c~t m~ ~1I be m ~=or~=~ ~, ~ not ~ m, ~: ~cifi~o~ ~d pmvisiom of Sram F~cz La~ ~1~5. ~se of Tr~ic~ H~dwoo~) w~ch pro.bm p~c~c ~d us~ of ~opical h~dwoo~, ~ss ~=~m~y ~cmpm~ by ~e S~ or ~y gove~ml agency or polifi~l ~b~ai~ or pubii: behest come. on. ~ifi~a~on for m ex~p~on ~der ~is law wi~ be ~ re~o~ility of the con~r ~ es~liah to me:t ~ ~ ap~ov~ of lm addition, when any portion of this con.act mvoiv~ng th~ use of woo&, whcthc~ supply or insmllatiou, i~ to be performed by any subcontraeto:, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor ha be~n reformed and is in ¢omplianc~' with specificadon$ ~ud provisions regarding use of tropical hardwood~ as d~teilcd in §1/~5 State Fthancc Law. Any such usc mu~t meet with thc ap.~oval of the State; othcr~vise, the bid may not be eomidere~ responsive. Under bidd~ cemficaUom, proof of quaiificatmn for ~xemptio~ will bc the responsibili~ of thc Contractor to meet with the approval of the Stat~. 19. MACBRIDE FAiR EMPLOYMENT pRI~4CI?LES, in accordance with the MacBride Fair Empthyment Pnnciples (Chadmr g0? of the Laws of 1992), the Contractor hereby st~palates that the Contractor cith~ (a) has no busthcss opermion~ m Northern Ireland. or (b) shall take lawful s~ps in good faith to conduct any business op~,"auorm in Northern Ireland in accordance with the MacBnde Fair Employment Pnneiples (as described in Section 165 of the New York State Fthancc Law), and shad perrrnt independent monitomng of compliance w~th such Pmnciplea. ~§. OIVINIBUS PROC'IYREIvIENT ACT OF 1992. It i~ the pohcy of New York State to maxzmize oppornmide$ for the participation of New York State business ~aU,~rpnses, including rmnomty and women-owned business enterpmses as bidder~, subcontractors and suppiiem on its informahon on the availability of New York State subcontractors and ~uppiler~ is avaihble from: N¥S Department of Economic Development Division for Small Business 30 5ouch pearl St - 7m Floor Albany, New York 12245 Telephone: 51 g-292-5220 A dimmoW of cerdfied mmorlty and women-owned business enterprises is avaliabie from: NYS Depamnent of Economic Development Division ofMinomq' and WomeI1Ls Bumness Deveiopm~t 30 Sou~ ~l St - 2nd ~oor ~b~y,N~w York 1Z245 T~l~hon~: 51 g292-5250 p=: 51g-292-5803 ~n~ O~ib~ Pro:~:ment Ami of 1992 mq~as ~ by sing t~s bid propos~ or ta~ bid ~o~t (a) ~n: Con~cmr Co) The ConWactor h~ comp'fled with the Fedaral Equal C)ppormmty Act of 1972 ~P.L. 92-261), as ~d; (c) ~¢ Con.tot a~e¢¢ to m~e ~on~l¢ ¢ffom to provi~ on ~ projezt ~ugh h~ing ~y ~h posifio~ wi~ ~e ]ob S~ice Division of ~e N~ Yo~ Sm~ D~nt or.or, or providing s~h nofifi~on in tach m~cr ~ ~ ~mis~t wi~ exis~g ¢oIlcc~ve b~mmg con~ or ~. ~e Con--or a~s ~ do~nt ~s~ ~ffom ~d to provi~ said do~n~o~ m ~ Sram upon (d) ~n~ Con.tot ~owi~dgts nofic~ ~t ~ S~te may s~k m obmth o~t ~dits ~om f~i~ co~s ~ a m~ult of ~s can--t ~d h~r~by notified ~ ff ~ p~ip~ plac~ of bmthe~ is l~amd m ~oun~,, nau~ p~vin~, state or poetical subdivdaon ~m p~aliz~s N~ York Sm~ v~ndo~. ~d if ~ goo~ or ~ic~s ~y offer will subs~ally pmduc~ or p~ffo~ outside N~w York State, the ~d Chapmr 393, msp~ctively) mquir~ ~t ~ey b~ d~ied which th~ would o~s~ opra~. NO~: As of May 15, 2002, list of dia~nato~ j~dicuom subject m ~u ~ovimon mciud~ of South C~ot~ Al~l~ W~t Vi~ Wyoming, Louim~a ~d HawaiL Contact ~S D~p~t of Economic D~thpm~nt for a c~ent ~st ofj~sdic~om mbjem m ~ provision. ZZ. p~C~kSES OF APPEL. ~ ~o~c~ wi~ Sram Fin~c~ Law ] ~2 (~a), ~e S~ ~hall not p~h~ ~y a~I from ~ v~ndor mcIuding but not I~md ca, c~ld l~g ~ws, w~t ~d ho~ ~aws wor~lac~ ~af~ Iowa, ~d (ii) v~dor will su~iy, wi~ ~ bid Smt~), ff ~, ~ nmos and ad~s~ of ~ch subcon~t~ ~d APPENDIX B For.m, B,1 -'Budget Summary for FPIG Proposal 2007-2008 Budget Summary for FPIG Proposal Farmland Protection Implementation Projects Involving Conservation Easements ATTENT/ON: You MUST submit one Form B. 1 . Budget Summary for FPIG Proposal to summarize the overall budget of this proposal and you MUST submit one project budget for each farm to provide details of the proposed budget associated with each farm in this proposal. Please use the appropriate project budget form ti.e, Form B.2 for a farm whose value of development rights is <_ $29,000 per acre, or Form B.3 for a farm whose value of development rights is >$29, 000 per acre). Farm Name(s): Kauneckas Farm Local Government Demchak Farm Applicant: Town of Southold Total Acres Proposed for Permanent Protection =[ 39,0000] TOTAL COSTS OF PROJECT(S) ASSOCIATED WITH THIS PROPOSAL Total Value of Development Rights 2,991,600 For all project proposals, the applicant is urged to base this amount upon either an appraisal or the most recent valuation of the subject property as reflected on the landowner's property tax statement, Administrative Costs Subtotal = I $ 35,946 Administrative Costs (in-kind) Subtotal= I$ 2,0oo IAmount TOTAL PROJECT COSTS = I $ 3,029,546 o shall not exceed 80 Ye of the local match FUNDING SOURCES Local Match Applicant must provide documentation acceptable to the Department accounting for the encumbrance or expenditure of tbe sum total of all required local match for this proposal by the time the last disbursement is requested by the applicant for this proposal. Total Local Matching Funds = % of otal project costs State Funding Requested State Funding = $ % of total project costs above Local Match % plus State Funding] % must equal 100% 1,862,600 61.5% State shall not contribute more than $29,000 per acre toward the value of 1,166,946 development rights for any farmland protection implementation project. 38.5% State Funding Ye shall be no more than 750'/0 Form B.3 -Project Budget for FPIG Proposal (>$29,000/A for development rights) 2007-2008 Project Budget for FPIG Proposal Farmland Protection Implementation Project Involving a Conservation Easement ATTENTION: You MUS Tsubm/t one Form B.1 - Budget Summary for FPIG Proposal to summadze the ovecall budget of thm proposal and you MUST submit one Form B.3 - Project Budget for FPIG Proposal for each farm whose value of development dght$ is >$29,000 per acre. Farm Name; Demchak Farm Estimated Acres to be Permanently Protected =l TOTAL PROJECT COSTS Local Government Applicant: 14 90001 Town of Southold i~ ~1 ' ~ ,fth,sSperacrevaiuedoesnot. ..... d For all projects, the applicant is urged to base this amount upon either an appraisal or the most recent valuation of the subject properly as reflected on the ~andowneds properb/tax statement, Proposed Purchase Price = Administrative Costs Title Insurance Survey(?.) Appraisal ~Outside Legal F6es (if any) Outside Easement Expertise (if any) Recording Fees Stewardship Fee Baseline Documentation Report Other administrative cost Other administrative cost Subtotal Administrative Costs (in-kind) Applicant's Staff Time :Travel/office expense Other in-kind cost Subtotal TOTAL PROJECT COSTS = FUNDING SOURCES Local Match value of development 1,087,700 100% 4,830 $ 4,000 2,800 2,000 Iii <10o%, a bargain sale will result. The landowneCs donation wil~ be the difference between the appraised value and the purchase price plus any administrative costs that will be paid by the landowner. 3OO 5O 1,500 100 15,580 &mount paid to consultant(s) to assist with the conservation easement [ransaction for this project. (Do NOT include cost of baseline documentation repeal in this item.) Amount shall not exceed $10,0$0 per conservation easement. Identify: Phase I, Environmental Site Assessment Ident fy: Title closer attendance fee Identify:[ Amount shall not exceed $25,000, or 80% of the local match, whichever is less Applicant must provide documentation acceptable to the Department accounting for the encumbrance or expenditure of the required local match for this project by the time this project's perpetual conservation easement is conveyed. For project proposals where the full value of the conservation easements will be donated, none of the amount shown shall be used to compensate the landowner for the value of Municipal Funds $ 655,600 deveJopmentdghts When the furl value of development ~ghts will be donated, enter full Appraised ya~ue of the Landowner Donation $ don easement NOTE: Federal Farm and Ranch Lands Protection Program (FRPP) funds will Federal FRPP NOT be allowed as a local match In-Kind (from subtotal ~bov~) $ 1,000 State Funding Other (foundation or similar) Subtotal % of total project costs $ 59,5%] State Funding t$ % of totat project costs above Local Match % plus State Fund/nD % must equal 100%. State shall not contribute more than $29,000 per acre toward the va[ua of 447,680 development rights for any farmland protection implementation project 405% State Funding % shall be no more than 750% Form B.3 - Project Budget for FP~G Proposal (>$29,000/A for development rights) 2007.2008 Project Budget for FPIG Proposal Farmland Protection Implementation Project Involving a Conservation Easement ATTENTION: You MUST submit one Form B, ;f - Budget Summary for FPIG Proposal to summafize the overall budget of this proposal and you MUST submri one Form B.3 · Project Budget for FPIG Proposal for each farm whose value of development rights is >$29,000 per acre. Farm Name: Kuuneckas Farm Estimated Acres to be Permanently Protected TOTAL PROJECT COSTS Local Government Applicant: 2410001 Town of Southold If this $ per acre value does not exceed Value of Development Rights $ 1,903,900 $29,0001A., do NOT use this form. For all projects, the applicant is urged to base this amount upon either an appraisal or the most recent valuation of the subject property as reflected on the landowner's properly tax statement. Proposed Purchase Price: Administrative Costs Title Insurance Survey(s) Appraisal Outside Legal Fees (if any) Outside Easement Expertise (if any) Recording Fees .... Stewardship Fee Baseline Documentation Report Other administrative cost Other administrative cost Subtotal Administrative Costs (in-kind) Applicant's Staff Time Truvel/office ~xJ;ense Other in-kind cost Subtotal TOTAL PROJECT COSTS = FUNDING SOURCES Local Match 1,903,900 7,816 5,800 Landowner Donation Federal FRPP In Kind (from subtotat above) 2,800 2,000 3OO 5O 100 $ 20,366 rs 1,925,266 r % of total value of development rights = [100% ill <100%, a bargain sale will result The landowner's donation wilt be the difference between the appraised value and the purchase price plus any administrative costs that will be paid by the landowner &mount paid to consultant(s) to assist with the conservation easement transaction for this project (Do NOT include cost of baseline documentation report in this item) &mount shalI not exceed $10,000 per conservation easement Identify:~ Environmenta__l si__re Assessment Identify:lTitle closer attendance fee Jdentify:j J Amount shall not exceed $25,000, or 80% of the local match, whichever is Jess t State shall not contribute more than $29,000 per acre toward the value of 719,266 development dghts for any farmland protection implementation project 374°,/0 State Funding % shall be no more than 75.0%. State Funding I~ % of total project costs above Local Match % plus State Funding % must equal 100%. Subtotal % oftotalprojectcosts Other (foundution or simiIar) $ 1.206,000 62.6% (For project proposals where the fuIl value of the conservation easements will be donated SOURcE:devel°pmem fights) IDENTIFY SOURCE(S) & SPECIFY AMOUNT FROM EACH State Funding Applicant must provide documentation acceptable to the Department accounting for the encumbrance or expenditure of the required local match for this project by the time this project's perpetual conservation easement is conveyed. For project proposals where the full value of the consel,,,adOrl easemenls will be donated, none of lhe amount shown sha~l be used to compensate the landowner for the value of Municipal Funds $ 1,205,000 developmenldghts When Ihe fuji value of devetopmem rights wilt be donated, enter full appraised value of the $ NOTE: Federal Farm and Ranch Lands Protection Program (FRPP) funds will NOT be allowed as a local match. $ 1,000 APPENDIX C STATE OF NE-'~V YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Akfine Ddve, Albany, New York 12235 Eliot Spi~zer 518-457-8876 Fax 518-457-3087 Patrick Hooker Governor www.agmkLstate.ny.us Commissioner Decomber20,2007 SupervisorSco~Russell TownofSouthold P.O. Box 1179 SouthokhNY 11971 Dear Supervisor Russell: I am very pleased to inform you that the De?mt of Agriculture and M~u'kets has awarded Town of Southold the sum of $1,166,946 to assist the Town in its fumaland preservation efforts. 'Based upon your FY2007-2008 Agricultural and Farmland Protection Implementation Grants prbposal, the Depaflment has provided enough matching funds to pumhase the development rights on Demchak Farm and Kanneckas Farm. Before State funds can be provided for the purchase of easements or development rights on these farms, it will first be necessa~ to develop a contract between the Department and the Town. This contract must contain an agreed upon plan of work and budget. Project expenditures, which occur prior to the approval of the contract by the State Comptroller, might not be reimbursed. Therefore,.we str.ongly advise that you not incur any expenses for which State reimbursement will be sought until the contract is approved. In order to facilitate the timely development of your contract and the completion of the project, I am requesting that you identify an authorized representative of the Town with whom you would like us to work with regard to all fiscal matters assooiated with the contract between the Town and the State. Please have that person complete and sign the enclosed Contractor's Information Checklist. Al~o, please identify the person with whom you would like us to work with regard to all matters associated With the conservation easement(s) that will result from this contract; that person will serve as your project manager. Please provide this information to David Behm, the Department's Farmland Protection Program Manager. He may be reached by phone at 5 t 8-485-7729, by fax at 518-457-2716 or by e-mail at david.behm(~agmkt, state.ny.us. The Department looks forward to working with you in preserying your valuable farmland resources for agricultural production purposes now and in the future. Sincerely, Patrick Hooker Commissioner Melissa Spiro, Town of Southold Kenneth Schmiit, Suffolk Co. AFPB Michael & Maria Demchak Louise Kauneckas Form NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS 2007-2008 (ROUND Xl) APPLICATION FORM Farmland Protection Implementation Projects Instructions: I. Respond to each of the following questions in the space provided and ONLY attach separate statements or maps as directed. Any attached statement MUST NOT exceed ONE page. 2. The details that you provide in response to the items below together with one Form B.1 (Budget Summary for. the entire application) and a Project Budget for each farm project contained in your application will form the basis for the scorfng of each proposal submitted. If requesting funds for two or more farms, the information requested in Part 2, Items 1 through 8, should be separated for each farm, but may be aggregated onto attached maps, lists or charts from which the information for each farm can be cleady delineated. 3. You MUST provide all the information requested in order for your proposal to receive full consideration for funding. Failure to provide all information may result in disqualification of certain proposed farms within an applicant's proposal and/or a lower overall score for a proposal. Part I - Applicant Information (for single or ioint applications) 1. Please provide the (a) name and (b) address of municipality(s) in the space below. (a) Town of Southold (b) 53095 Main Road (Route 25) P.O. Box 1179 Southold, NY 11971-0959 Please provide the (a) name, (b) mailing address, (c) telephone number, (d) fax number, and ~=) e-mail address of one primary contact person. (a) Melissa Spiro, Land Preservation. Coordinator (b) Southold Town Hall Annex 54375 Main Road (Route 25) P.O. Box 1179 Southold, NY 11971-0959 (c) 631-765-5711 (d) 631-765-6640 (e) melissa.spiro(~town.southold.ny.us 3. Please provide a copy, if available, of any plan, report or map describing any existing or proposed public sewer or water infrastructure in the vicinity of each farm proposed for permanent protection. PROJECT DETAILS FORM A - PART 2 - Items #1-9 See attached information for each parcel. The 2 projects included in this proposal are: Demchak 84.~1-13 14.9 acres $ 1,087,700 $ 1,104,280 Kauneckas 95.-4-3.1 24.1 acres $ 1,903,900 $ 1,925,266 F. orm 'A 3. Farmland Easement Information - For each farm, please provide ALL of the following information: Extent of · Please complete the far dght two columns of this fable for the proposed conservation easement area associated with each farm in your proposal. · Please attach a soil survey map of the proposed conservation easement area associated with each farm in your proposal. Proposed · Please attach a fable illustrating the acreage of each soil type Farm I Easement comprising (a). USDA Prime Soils, and (b) Soils of Statewide Rank Significance. occurring within the proposed conservation easement area Order Acres associated with each farm in your proposal. Acres to be protected (#1) 14.9 (based upon either a tax parcel map or an existing legal survey) = (#2) 24.1 (#3) # of protected acres available for crop and/or livestock production = (#1) 14,9 I100%o · Please calculate the extent of the proposed easement area for this item (#2) 24.1 1100% for each farm as follows (enter this information in far right column of this / row in this table): # of protected acres available for crop and/or livestock production divided by the # of protected acres, then multiply that amount by 100 to determine its % (round up to the nearest whole number). (#3) # of protected acres in woodlands and wetlands = · Please calculate the extent of proposed easement area for this item for (#1) 0-6 I4% each farm as follows (enter this information in far right column of this row in. this table): ~ of protected acres in woodland and wetlands divided by the ~ of (#2) 0 protected acres, then. multiply that amount by I00 to. determine its % / (round up to the nearest whole number). (#3) # of protected acres in USDA Prime Soils = · Please calculate the extent of proposed easement area for this item for (#1) 14.0 [94% each farm as follows (enter this information in far dght column of this I row in this fable) (NOTE: Prime soils are distinct from those below.): # of protected acres in USDA Pdme Soils divided by the # of protected (#2) 22.6 acres, then multiply that amount by fO0 to determine its % (round up to the nearest whole number). (~3) # of protected acres in Soils of Statewide Significance = · Please calculate the extent of proposed easement area for this item for (#'1) 0.9 J6% each farm as follows (enter this information in far dght column of this row in this table) (NOTE: These soils are distinct from those above.): # of protected acres in Soils of Statewide Significance divided by the # (#2) 1.5 jo-/o cf protected acres, then multiply that amount by 100 to determine its / % (round up to the nearest whole number). (#3) Note: Please DO NOT submit copies of LESA or other farmland assessment reviews, local application forms, or local ranking systems for proposed farms. Statement of Relevance - All applicants must attach a brief statement (labeled as "Form A - Part 2 - Item #3") that clearly and convincingly illustrates the relevance, importance and significance of protecting the farm(s) identified in your proposal to the implementation of your County Agricultural and Farmland Protection Plan, or, if the applicant is a municipality, that municipality's farmland protection plan or comprehensive plan or similar planning document. DO NOT RELY SOLELY ON YOUR PLANNING DOCUMENT TO MAKE YOUR CASE. Form A- Part 2 - Item #3: Farmland Easement Information SOIL INFORMATION CHART FARM PRIME SOILS STATEWIDE SOILS NYS Dep~lrtrnent of Agriculture and Markets 2 Request for Proposals - FY2007-2008 Part 2 - Proiect Details (Repeat all Part 2 information if more than one farm.) Landowner Information - Please provide (a) landowner's name, (b) farm name and (c) address. Does any landowner listed below have a conflict of interest? r-~ No [] Yes - if so, submit documentation regarding how you addressed each conflict of interest. (NOTE: Please refer to "Applicant Eligibility" on pages 2-3 of the Request For Proposals for additional information regarding conflicts of interest.) (a) Michael & Mada Demchak (b) Demchak Farm (c) 7810 Cox's Lane Cutchogue, NY 11935 SCTM #1000-84-1-13 Property Identification - Department staff will conduct a visual survey of the farm(s) proposed for funding. Please provide written driving directions (in the table at the bottom of this page) to each farm from a major highway. Heading west: County Route 48 to Cutchogue, turn dght (north) at stoplight at intersection of CR 48 and Cox's Lane. Demchak property line begins approximately .2 mile on right after a residential light gray home on n/w corner of Cox's Lane and Matthew's Lane. Heading east: County Route 48 to Cutchogue. Turn left (north) at stoplight located at Intersection of CR 48 and Cox's Lane. Demchak property line begins approximately .2 mile on right after a residential light gray home on n/w corner of Cox's Lane and Matthew's Lane. = Form A - Part 2- Item #2: Area Excluded from Conservation Easement Demchak Farm The Demchak's are offering a development rights easement on the entire 14.9 acre property known as SCTM# 1000-84-1-13. They are not proposing to leave out any area for residential lots from the easement. The Demchak's own two more farm parcels in the immediate area. One parcel is adjacent to the subject parcel and the second parcel is adjacent to that one. The parcels were acquired by Mrs. Demchak's family at different times, and remain as single and separate lots. The Demchak's are exploring preservation opportunities on all or part of the adjacent parcels, but they are not prepared to offer a development rights easement on these parcels at the current time. The Demchak's do not have any current plans for development of the adjacent parcels. The Demchak farm is located within a 157 acre contiguous block of active farmland without separation by a public road. Within the 157 acre block of active farmland, 94 acres are currently preserved by Town or County farmland easement. The subject farm includes over 700 feet of public road frontage. The road frontage and the location of the farm within the 157 acres of active farmland are factors that positively affect the long- term viability of the farm. The Demchaks are not currently offering an easement on the other farms under their ownership; however, neither are they proposing to develop them. Therefore, excluding these single and separate farm properties from the proposed conservation easement area will not affect the long-term viability of the subject farm. The subject property has not been subdivided by the current landowner within the five years preceding the date of this application. DEMCHAK Property DEMCHAK Development Rights n Easement Form A - Part 2- Item #3: Statement of Relevance Demchak Farm In 1999, the Town commissioned a full farmland inventory and in 2000, unanimously adopted a Farm and Farmland Protection Strategy. The Purchase of Development Rights program is a vital part of the Farm and Farmland Protection Strategy, as is the continued leveraging of Town funds with matching federal and state funds dedicated for farmland preservation. Goals of the Farm and Farmland Protection Strategy include: 1) To preserve land suitable for fanning and 2) To ensure that farming remains an important part of the local economy. The objectives of the Goals are to make farmland preservation a viable and attractive option for landowners (as opposed to residential development) and to help farms and farm-related businesses remain economically viable in the highly competitive agri-business market, and in the face of escalating residential development. Preservation of the Demchak farm meets the overall intent and goals and objectives of the Strategy. It preserves land through the development rights program, it leverages the Town's funds through a partnership with the State, it preserves an existing, actively fanned parcel and it removes it from the threat of residential development. In 1997, the Town adopted a Farmland Bill of Rights as part of the Town's Zoning Code. Suffolk County in 1996, published an Agricultural and Farmland Protection Plan. The goals of the plan include; 1) Preserve agriculture as an important Suffolk County industry 2) Ensure public policy is protecting, promoting as sustaining agriculture 3) Preserve farmland as an important natural resource 4) Preserve the cultural continuity of farms and farm families 5) Preserve 20,000 acres of productive farmland through the purchase of development rights. The preservation of the Demchak farm meets the goals of the County's Agricultural and Farmland Protection Plan. Form A - Part 2- Item g4: Nature of Farm Enterprise Detach_ak Farm The subject farm has been under the ownership of Michaei and Maria Demchak since 1991. The Demchak's own two more farm parcels in the immediate area. One parcel is adjacent to the subject parcel and the second parcel is adjacent to that one. The subject farm and the adjacent farms under their ownership, have been in the family since the 1940's. The farm was originally farmed for traditional row crops by the Demchak family. The subject farm and the adjacent farms under their ownership, are currently leased by DeLea Sod Farms and are planted in sod. DeLea Sod Farms does not own any land within Southold Town; however, they lease close to 400 acres within the Town. The Demchak's plan is to continue to lease the farm or to sell the restricted farmland to another farmer. Form A - Part 2- Item #5: Farm Succession Demchak Farm The Demchak farm is made up of Prime agricultural soils. The farm has been in some type of agricultural use since the 1940's. The Demchak farm is located within a 157 acre contiguous block of active farmland without separation by public road. Within the 157 acre block of active farmland, 94 acres are currently preserved by Town or County farmland easement. The subject farm includes over 700 feet of public road frontage. The Town's purchase of a development rights easement on this farm will change the current highest and best use from that of residential development to a future highest and best use of continued agriculture. While the Demchak's may not retain ownership of the property into the future, the preservation of the farm will keep the land viable for farming into the future. The Demchak farm is enrolled in the New York State Agricultural District Program. Form A - Part 2- Item #6: Proximity to Protected Farms Demchak Farm The Demchak Farm is adjacent to 12.6 acres of farmland protected by a Town owned development fight easement. It is likely that the Demchak's Will, in the future, preserve the other adjacent parcels under their ownership. The farm is in the vicinity of 784 acres of active farmland, of which 367 are preserved with either Town or County development right easements. More specifically, the Demchak farm is located within a 157 acre contiguous block of active farmland without separation by a public road. Within the 157 acre block of active farmland, 94 acres are currently preserved by Town or County farmland easement. Map Prepared by Town of Southold GIS September 10, 2007 Aerial Photographs Taken From Spring 2004 Flight Suffolk County Real Property Tax Service Agency GIS Basemap COPYRIGHT 2007, County of Suffolk. N.Y. Form A - Part 2- Item #7: Significant Natural Resource Buffer Demchak Farm Preservation of this farm includes the preservation of agricultural soils. Preservation limits future residential use; therefore, it protects the agricultural soils from conversion to residential uses. Form A - Part 2- Item #8: Evidence of Development Pressure Demchak Farm The Town of Southold has been a fanning community since its founding over 350 years ago. The Town of Southold faces significant development pressure from an expanding year-round population and a large and ever-growing demand for seasonal vacation homes. The increased growth and development is placing severe pressure on the agricultural lands, water supply, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. In 1990, the US Census bureau defined the western edge of the adjacent Town of Riverhead as urbanized. Increasing development pressure has caused land values to skyrocket. The average per acre price for Town development fight projects acquired in the year 2000 was approximately $10,000 per acre. The average per acre price for projects closed thus far in the year 2007 is approximately $74,000 per acre, with projects pending to close before year end ranging from $75,000 to $80,000 per acre. Development pressures pose a threat to commercial farming because farmers are forced to compete with residential buyers for larger lots. Approximately one-third of the town, approximately 10,200 acres, is devoted to active agriculture. Over the last twenty year period, public and private efforts to conserve agricultural land for the future have been successful in preserving over 3,500 acres of farmland; however, the Planning Board currently has before it 23 applications for Standard Subdivisions (full yield subdivisions without a preservation component) and 5 applications for Conservation Subdivisions (subdivisions with a preservation component). Many of the subdivisions are within the Agricultural Conservation Zoning District and Low-Density Residential R-80 Zoning Districts which are comprised mainly of prime agricultural land. The Demchak farm, like all farms in Southold Town, is faced with significant development pressure as the land values continue to increase. MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa, spiro(!~town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD I am the owner of the property described below and I would like to expl land under the Town's Land Preservation programs. Name of Owner (please print) Names of other owners Mailing Address Phone Number OFFICE LOCATION: Town Hall Azmcx 54375 State Rout~ 25 (corner of Main Rd & Youngs Ave) Southold, New York MAILING ADDRESS: P.O. Box 1179 3re preserl~!gfL~this PRESERVATION c/- # ,-q-/d 5'--v 7 / Tax Map No. 1000-- - Property Location -- Acreage offered for //~ preservation Briefly describe the property (e.g., open space, active farmland, wetland, etc.) and ideas you may have about preservation of your property. You may talk with the Coordinator at 631-765-5711 to discuss questions or to arrange to participate in any of the regular meetings of the Land Preservation Committee. I understand that this application does not commit me, or the Town of Southold, to the sale/purchase of the property or any portion of the rights thereto; rather, it signifies an interest in serious dialog concerning the merit and method of possible preservation of my land. ~/~.~ ~¢¢ ~ ~"~c~ date ~ Please return the completed form to Southold Town Land Preservation Department When you return this completed form, it would be helpful to include an existing survey/sketch and any other readily available information that describes your property. NYS Department of Agriculture and Markets 2 F~equest ~or Proposals - FY2007-2008 Part 2 - Proiect Details (Repeat all Part 2 information if more than one farm.) Landowner Information - Please provide (a) landowner's name, (b) farm name and (c) address. Does any landowner listed below have a conflict of interest? ~ No [] Yes - if so, submit documentation regarding how you addressed each conflict of interest. (NOTE: Please refer to "Applicant Eligibility" on pages 2-3 of the Request For Proposals for additional information regarding conflicts of interest.) (a) Louise Kauneckas (b) Kauneckas Farm (c) 8500 Alvah's Lane Cutchogue, NY 11935 SCTM #1000-95-4-3.1 Property Identification - Department staff will conduct a visual survey of the farm(s) proposed for funding. Please provide written driving directions (in the table at the bottom of this page) to each farm from a major highway. Heading west: County Route 48 to Cutchogue, go past stoplight, then past blinking yellow light. Turn right (north) at 3'~ road past blinking yellow light onto Alvah's Lane. Kauneckas property Line begins approximately .2 mile on right. Residential home & agricultural bams identified by red truck mailbox #8500, located .4 mile from turn onto Alvah's Lane. Heading east: County Route 48 to Cutchogue. From sign on south side of Rt 48 "Entering Cutchogue Fire District", go .4 mile. Turn left (north)onto Alvah's Lane. Kauneckas property Line begins approximately .2 mile on right. Residential home & agricultural barns identified by red truck mailbox #8500, located .4 mile from turn onto Alvah's Lane. Form A - Part 2- Item #2: Area Excluded from Conservation Easement Kauneckas Farm An area equal to approximately 2 acres has been excluded from the proposed development tights easement area. The Reserve Area contains an existing residential dwelling and barns. The Town's program has historically excluded residential dwellings from development right easements. The Kauneckas Family is not proposing to subdivide the residential dwelling from the area with the development rights easement. Exclusion of the Reserve Area from the development rights easement will not affect the long-term viability of the agricultural land. The subject property has not been subdivided by the current landowner within the five years preceding the date of this application. The Town, in its review of the Kauneckas property, determined that the property contains scenic value in addition to agricultural value. In light of this, the Town has designated an Agricultural Structure Area and a Limited Agricultural Structure Area within the easement area. The locations of the designated areas are clarified on the attached Agricultural Structure Area map. The Agricultural Structure Area is located behind and to the northwest of the existing house and barn. All future agricultural structures allowed with/n the easement area will be required to be located within this area unless they are very small agricultural structures as described below. The Limited Agricultural Structure Area is located southeast of the existing house and barn. Agricultural structures will generally be prohibited within this area; however the easement will allow very small agricultural structures within this area; for example, a small shed to cover an irrigation well or a small run-in shed for equestrian purposes. The Land Preservation Committee reviewed the site, soil maps, contour maps and the location of the utility (Long Island Power Authority) easement on the property before designing the designated area within the easement. It is the Committee's opinion that a sufficient area is designated for future agricultural structures so as to not affect the long- term viability of the agricultural land. FORM A - PART 2 - Item #2 (Kauneckas) '/,1 KAUNECKAS Easement COUNTY OF SUFFOLK (~) ~Real Properly lax Service Agency Form A - Part 2- Item #3: Statement of Relevance Kauneckas Farm In 1999, the Town commissioned a full farmland inventory and in 2000, unanimously adopted a Farm and Farmland Protection Strategy. The Purchase of Development Rights program is a vital part of the Farm and Farmland Protection Strategy, as is the continued leveraging of Town funds with matching federal and state funds dedicated for farmland preservation. Goals of the Farm and Farmland Protection Strategy include: 1) To preserve land suitable for fanning and 2) To ensure that farming remains an important part of the local economy. The objectives of the Goals are to make farmland preservat~gn a viable and attractive option for landowners (as opposed to residential development) and to help farms and farm-related businesses remain economically viable in the highly competitive agri-business market, and in the face of escalating residential development. Preservation of the Kauneckas farm meets the overall intent and goals and objectives of the Strategy. It preserves land through the development rights program, it leverages the Town's funds through a partnership with the State, it preserves an existing, actively farmed parcel and it removes it from the threat of residential development. In 1997, the Town adopted a Farmland Bill of Rights as part of the Town's Zoning Code. Suffolk County in 1996, published an Agricultural and Farmland Protection Plan. The goals of the plan include; 1) Preserve agriculture as an important Suffolk County industry 2) Ensure public policy is protecting, promoting as sustaining agriculture 3) Preserve farmland as an important natural resource 4) Preserve the cultural continuity of farms and farm families 5) Preserve 20,000 acres of productive farmland through the purchase of development rights. The preservation of the Kauneckas farm meets the goals of the County's Agricultural and Farmland Protection Plan. Form A - Part 2- Item fi4: Nature of Farm Enterprise Kauneckas Farm The subject farm has been under the ownership of the Kauneckas family since the early 1940's. The farm is currently owned by the Estate of Louise Kauneckas. Louise Kauneckas made an application to preserve the farm, but passed away in July of this year before preservation was completed. The Kauneckas family includes 7 of Louise's grown children. It is the family's intent to continue with preserving the farmland. Although family members farmed the property in the past, none of the Kauneckas family members are currently fanning. The farm is leased to a local farmer named Robert Rutkoski. Mr. Rutkoski farms approximately 280 acres within Southold Town, including the land adjacent to, and in the vicinity of the Kauneckas farm. Mr. Rutkoski plants grain, including corn, wheat, rye, barley and oats. Mr. Rutkoski owns 5 acres of farmland. His parents own a 30 acre farm which Mr. Rutkoski leases. The Town purchased a development rights easement on his parents' farm several years ago. Form A - Part 2- Item #5: Farm Succession Kauneckas Farm The Kauneckas farm is made up of Prime agricultural soils. The farm has been in some type of agricultural use since the 1940's. The Kauneckas farm is adjacent to a 42 acre preserved farm and is located within a 175± acre contiguous block of active farmland without separation by public road. Within the 175± acre block of active farmland, 95± acres are currently preserved by Town or County farmland easements and 32 acres (including Kauneckas) are pending preservation. The subject farm includes over 1600 feet of public road frontage. The farm is supported by an irrigation well, barns and a farmhouse. Due to the death of Louise Kauneckas, the family is in a position of having to make decisions about the future of the farm. The Town's purchase of a development rights easement on this farm will change the current highest and best use from that of residential development to a future highest and best use of continued agriculture. While the Kauneckas family may not retain ownership of the property into the furore, the preservation of the farm will keep the land viable for fanning into the future. The Kauneckas farm is enrolled in the New York State Agricultural District Program. Form A - Part 2- Item #6: Proximity to Protected Farms Kauneckas Farm The Kauneckas farm is adjacent to a 42 acre preserved farm. The farm is in the vicinity of 1,009 acres of active farmland, of which 391 are preserved with either Town or County development right easements. More specifically, the Kauneckas farm is located within a 175* acre contiguous block of active farmland without separation by public road. Within the 175± acre block of active farmland, 95± acres are currently preserved by Town or County farmland easements and 32 acres (including Kauneckas) are pending preservation. The Kauneckas farm is within proximity of Oregon Road. All of the farms on Oregon Road are on the Town's list for potential preservation. Map Prepared by Town of Southold GIS September 10, 2007 Aerial Photographs Taken From Spring 2004 Flight Suffolk County Real Property Tax Service Agency GIS Basemap COPYRIGHT 2007, County of Suffolk, N.Y. Form A - Part 2- Item//7: Significant Natural Resource Buffer Kauneckas Farm Preservation of this farm includes the preservation of agricultural soils. Preservation limits future residential use; therefore, it protects the agricultural soils from conversion to residential uses. Form A - Part 2- Item #8: Evidence of Development Pressure Kauneckas Farm The Towr/of Southold has been a fanning community since its founding over 350 years ago. The Town of Southold faces significant development pressure from an expanding year-round population and a large and ever-growing demand for seasonal vacation homes. The increased growth and development is placing severe pressure on the agricultural lands, water supply, open and recreational space, tara} character, natural resources, and transportation infrastructure of the Town. In 1990, the US Census bureau defined the western edge of the adjaeeni Town of Riverhead as urbanized. ' Increasing development pressure has caused land values to skyrocket. The average per acre price for Town development right projects acquired in the year 2000 was approximately $10,000 per acre. The average per acre price for projects dosed thus far in the year 2007 is approximately $74,000 per acre, with purchase prices for projects pending to close before year end ranging from $75,000 to $80,000 per acre. Development pressures pose a threat to commercial farming because farmers are forced to compete with residential buyers for larger lots. Approximately one-third of the town, approximately 10,200 acres, is devoted to active agriculture. Over the last twenty year period, public and private efforts to conserve agricultural land for the future have been successful in preserving over 3,500 acres of farmland; however, the Planning Board currently has before it 23 applications for Standard Subdivisions (full yield subdivisions without a preservation component) and 5 applications for Conservation Subdivisions (subdivisions with a preservation component). Many of the subdivisions are within the Agricultural Conservation Zoning District and Low-Density Residential R-80 Zoning Districts which are comprised mainly of prime agricultural land. The Kauneckas farm, like all farms in Southold Town, is faced with significant development pressure as the land values continue to increase. The Kauneckas farm is under additional development pressure due to the recent death of Louise Kauneckas, as the family is now in a position of having to make decisions about the future of the farm. MELISSA A. SPIRe LAND PP. ESERVATION COORDINATOR m¢lissa.spiro@town.southold.ny, us Telephone (631 ) 765 -5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Rd & Youags Ave) Southold, New york MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971d)959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD am the owner of the property described below and I would like to explore preservation of this land under the Town's Land Preservation programs. Name of Owner (please print) Names of other owners Mailing Address Phone Number Tax Map No. 1000-- (~ -- Property Location Acreage offered for ~ preservation ,,~ ~ Briefly describe the property (e.g., open space, active farmland, wetland, etc.) and ideas you may have about preservation of your property. You may talk with the Coordinator at 631-765-5711 to discuss questions or to arrange to participate in any of the regular meetings of the Land Preservation Committee. I understand that this application does not commit me, or the Town of Southold, to the sale/purchase of the property or any portion of the rights thereto; rather, it signifies an interest in serious dialog concerning the merit and method of possible preservation of my land. ~ date Please return the completed form to Southold Town Land Preservation Department When you return this completed form, it would be helpfu~ to include an existing survey/sketch and any other readily available information that describes your property, N¥S Department of Agriculture and Markets Request for Proposals - FY2007-2008 10. Stewardship Responsibilities- Name of municipality or organization that will hold the conservation easement(s): Town of Southold Name of municipality or organization, if any, that will serve as a third party with right of enforcement for the conservation easement(s): Name of municipality or organization that will Town of Southold - Land Preservation Dept. regularly monitor the conservation easement(s): Name of municipality or organization that will Town of Southold - Land Preservation Dept. enforce and defend the conservation easement(s): and Code Enforcement Officer Note: If the municipal applicant will NOT be holding or monitoring the conservation easement, please attach a letter from the organization (labeled as "Form A - Part 2 - Item #10") that will be doing so, verifying its role in the project. I~IYS Department of Agriculture and Markets Request for Proposals - FY2007-2008 11. Conservation Easement Document conservation easement they intend to implementation project: - Applicants must specify which use in their local farmland protection X the Department's Standard Agricultural Conservation Easement. The Town of Southold has worked with the Department of Agriculture and Markets in the past, and the language of the conservation easements used by the Town has been approved by the Department. The Town is willing to use, and has used, the Department's Standard Agricultural Conservation Easement with amendments approved by the Department, and is willing to work with the Department in advance to discuss any issues or concerns the Department staff may have. [] the applicant's conservation easement document. If so, the applicant must indicate if it will consider any modifications to its conservation easement that the Department deems necessary to achieve the goals of the Farmland Protection Program. Please also submit a copy of your conservation easement document with the proposal. Note: For awarded projects, first priority for reviews of required documentation will be given to those entities that use the Department's Standard Agricultural Conservation Easement. N¥S Department of Agriculture and Markets · Request for Proposals - FY2007-2008 12. Planning Documents - Non-county applicants should provide a copy (labeled as "Form A - Part 2 - Item #12") of only the relevant sections of the planning document(s) that serve as the basis for requesting implementation funding from the State (e.g. a municipal farmland protection plan, comprehensive plan, or other similar planning document). Note: A county with an Agricultural and Farmland Protection Plan, approved pursuant to Article 25-AAA of the Agriculture and Markets Law, SHOULD NOT submit a copy of the approved county plan with its proposal. Attachment "A" Attachment "B" Attachment "C" Chapter 70 - Agricultural Lands Preservation Chapter 17 - Community Preservation Fund Southold Town Farm & Farmland Protection Strategy FORM A - Part 2 - Item #14 Key Personnel The process of review, recommendation, negotiation and contract/closing, involves: Melissa Spiro, Land Preservation Coordinator (full time) Town of Southold Department of Land Preservation 20 years working for the Town of Southold in Planning and Land Preservation Departments Melanie Doroski, Sr. Administrative Assistant (full time) Town of Southold Department of Land Preservation 7 years working with the Land Preservation Coordinator Lisa Clare Kombrink, Esquire 5 years as special counsel for the Town of Southold Department of Land Preservation working with development rights easement contracts and closings John P. Sepenoski, Chairman (volunteer) Town of Southold Land Preservation Committee 6 years as a volunteer on the Land Preservation Committee (1 year as Chairperson) 4~h generation of an active farm family in Southold Town Members (volunteers) of the Town of Southold Land Preservation Committee that include farmers and environmentalists. APPENDIX D GENERAL CONDITIONS FOR AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION AGREEMENTS New York State Department of Agriculture and Markets These general conditions apply to the administrative aspects of the Grant Agreement and reflect New York State's contract recordkeeping and payment procedures. These general conditions cannot be changed. PAYMENT Advance Payment Upon approval of this Agreement by the State Comptroller, the Contractor may submit a payment request (Standard Voucher) for an advance payment on each project funded under this Agreement equal to twenty-five percent (25%) of the total amount, as set forth in the project budget(s) annexed as Appendix B of this Agreement, of the following administrative (£e. transactional) costs: · title search (i.e. title report); · legal survey; · appraisal; · environmental assessment of the subject property(ies), if deemed necessary; outside easement expertise; and/or outside legal expertise. Partial Disbursement In lieu of receiving an advance payment as set forth above, the Contractor may submit a payment request for partial disbursement of any or all of the administrative (i.e. transactional) costs identified above that have been incurred by the Contractor or a project partner, other than the participating landowner(s), during the course of completion of the project(s) funded under this Agreement. Any partial disbursement request must be accompanied by the following supporting documents: 1. a Standard Voucher requesting payment for up to 75% of the costs incurred; 2. a project budget identifying those administrative (i.e. transactional) costs (as identified above) that have been incurred; and 3. invoice(s) or paid receipt(s) for services that have been received. Appendix D 1 C800655 The Contractor is not eligible to receive a partial disbursement of costs incurred for a project if they have received an advance payment for that project as set forth above. The Department will only allow one partial disbursement of costs per project funded under this Agreement. Final Payment Final payment of state funds shall be made to the Contractor upon the submission of a Standard Voucher, and the following supporting documents: 1. a fully executed purchase agreement (even if development rights will be fully donated); 2. a Form B-Project Budget for Disbursement to represent the actual total costs of the farmland protection implementation project as well as the local matching contribution and the state funding requested; 3. a title insurance commitment for a policy to insure the conservation easement interest indicating an amount of coverage at least equal to the State's financial contribution toward the total project costs of the conservation easement transaction for the subject farm - provided that all title curatives required by the Department have been previously approved by the Department prior to disbursement of the State's financial contribution; 4. an appraisal by a New York State Certified General Real Estate Appraiser; 5. a legal survey (including corresponding legal description), which has been prepared by a licensed surveyor, of the proposed conservation easement area for the subject farm; 6. an approved conservation easement or deed of development rights; 7. a draft baseline documentation report of the proposed conservation easement area for the subject farm which describes the condition of the property and an inventory of all man-made structures and improvements that will be present at the time when the conservation easement is conveyed; 8. a monitoring plan; 9. any agreement between the municipality and another to hold or maintain the interest in the real property, if applicable; and 10. a signed waiver, if applicable, pursuant to Section 305(4) of the Agriculture and Markets Law. The Contractor shall submit all requests for payment, reports and supporting documents to the following address: NYS Department of Agriculture and Markets, Division of Fiscal Management, 10B Airline Drive, Albany, NY 12235. Invoices, standard vouchers and any reports will not be considered received by the Department and any interest which may be due the Contractor Appendix D 2 C800655 will not begin to accrue until they have been received by the Division of Fiscal Management. Payment to the Contractor under this Agreement shall not be made unless the Contractor shall have submitted to the Department a written payment request together with such information as required by the Agreement. Payment shall not be due until the 60th calendar day after receipt of the payment request, where contract funds have been appropriated and made available to the Department. Upon examination of the Contractor's payment request and supporting material, the Department may, in its sole discretion, modify or adjust the amount requested to reflect contract funds expended as of the date of the request. Subsequent to its review and approval of the payment request, the Department will transmit the request to the Comptroller for payment. The total payment made under this Agreement will not exceed the Contractor's actual costs and expenses arising from the completion of the work under this Agreement. Any partial disbursement made under this Agreement shall be reconciled with the final disbursement(s) made for each project associated with this Agreement. TITLE The Contractor shall ensure that the title to the lands or interests therein shall be unencumbered or, if encumbered by outstanding or reserved interests, the Contractor shall ensure that such encumbrance shall not interfere with the agricultural and farmland protection purpose for which the interest therein is being acquired. The Contractor shall provide a title policy and title insurance, at a minimum, for the State's share of the interest in real property being obtained. EASEMENT REQUIREMENTS The Contractor shall require that all easements or other interests in land acquired under this agreement: 1. run with the land in perpetuity; 2. prevent the land from being converted to non-agricultural uses; and 3. require that all amendments to the approved easement be authorized by the Department. ALIENATION OF DEVELOPMENT RIGHTS The Contractor shall notify the Department in writing if the Contractor proposes to alienate, in accordance with the procedure set forth in Chapter 25 of the Town Code of the Town of Southold, any of the development rights Appendix D 3 C800655 purchased under this Agreement. The Contractor shall reimburse to the Department any State funds used for the purchase of any development rights which are subsequently alienated and reunited with the underlying fee title. APPROVED AGREEMENTS AND MONITORING PLANS The Contractor shall submit the proposed agreements to pumhase development rights or to obtain a conservation easement, the monitoring plan and any sub-agreement to hold or maintain the interest in real property at least sixty (60) days prior to the planned submission of the payment request for that transaction. The Contractor and the Department shall negotiate the terms and conditions of such agreements and monitoring plans, when necessary. The Department shall advise the Contractor in writing when the agreements and monitoring plans have been approved. Final payment under this Agreement shall not be disbursed until the Contractor's agreements and monitoring plan have been approved by the Department. COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS The Contractor is responsible for complying with all local, state and federal laws applicable to the work performed under this Agreement. PAYMENT CONTINGENCY Funds for payment under this Agreement are provided to the Department through appropriations from the New York State Legislature. These appropriations are made on a fiscal year basis. New York's fiscal year begins on April 1 of each calendar year and ends on March 31 of the following calendar year. Funds for payment under this Agreement were appropriated to the Department during the 2007-2008 fiscal year and were or are expected to be reappropriated during the 2008-2009 fiscal year. Payment for work under this Agreement which is completed by the Contractor after the 2008-2009 fiscal year is subject to appropriation or reappropriation of funds by the Legislature in each subsequent fiscal year. FINANCIAL LIMIT The financial limit of State appropriated funds under this Agreement shall not exceed the amount indicated on the latest executed version of the signature page of this Agreement and the Department shall not be obligated to make any payment to the Contractor in excess of that amount. Appendix D 4 C800655 CONTRACT EXPENDITURES Expenditures under this Agreement shall conform to the budget annexed as Appendix B, provided however, that the Contractor may vary budget amounts by not more than fifteen percent (15%) within each specific budget category. Any budget variance in excess of fifteen pement (15%) shall be made only upon the prior written approval of the Department. This paragraph does not apply to budget amounts of one thousand dollars ($1,000.00) or less. NON-DUPLICATION OF PAYMENTS The payments received by the Contractor under this Agreement shall not duplicate payments received from any other source for the work performed under this Agreement. In the event of such duplication, the Contractor shall remit to the Department the amount which duplicated payment received from other sources. SUBCONTRACTS Any subcontracts under this Agreement shall be in writing and shall clearly describe the goods or services to be provided and the total cost of such goods or services. Subcontracts for services only shall separately state the rate of compensation on a per-hour or per-day basis. FINAL REPORT Not later than ninety (90) days from completion of the work under this Agreement, the Contractor shall file with the Department a final report that includes the documentation set forth in Appendix E of this Agreement. RECORDS MAINTENANCE, EXAMINATION AND RETENTION The Contractor shall maintain records and accounts in specific detail to identify all contract funds received and expended under this Agreement. The Contractor shall maintain a daily written record which contains the name(s) of the officer(s) and employee(s) providing services under this Agreement and the amount of time expended upon such services. The Contractor shall maintain the records required under this paragraph as set forth in Appendix A to this Agreement. Appendix D 5 C800655 INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the State of New York and the Department from all liability incurred by the Department for bodily injury and personal property damages resulting from the negligent acts, errors or omissions of the Contractor, its officers, agents or employees in the provision of services under this Agreement, provided that the Department promptly notifies the Contractor of any such claim and affords the Contractor an opportunity to defend such claim and cooperates fully with the Contractor in the defense of any claims, NON-SECTARIAN PURPOSE The Contractor shall not expend funds received under this Agreement for any purposes other than for performance of the work under this Agreement, and hereby represents that no contract funds shall be expended directly or !ndirectly for any private or sectarian purpose. CONTRACTOR NOT DEPARTMENT EMPLOYEE OR AGENT Neither the Contractor, nor its agents, employees, suppliers or subcontractors shall be in any way deemed to be employees or agents of the Department or of the State of New York in performing the work under this Agreement. DEVIATION FROM WORK The Contractor shall perform the work under this Agreement as set forth in the application attached as Appendix C. Any substantial deviation from the application shall require the prior written approval of the Department. TERMINATION The Department may terminate this Agreement for convenience upon giving thirty (30) days written notice to the other party. Upon receipt of such notice from the Department, the Contractor shall immediately cease work and prepare a statement of costs, expenses and non-cancelable commitments incurred as of the date of such termination. The Department may terminate this Agreement for cause upon giving one (1) day's written notice. The Contractor's failure to perform in accordance with the terms of this Agreement due to cimumstances reasonably beyond the Contractor's control should not constitute cause for termination pursuant to this provision. In the Appendix D 6 C800655 event of such failure to perform, the Department may, at its option, either grant the Contractor a specified period in which to correct its performance, or terminate this Agreement in accordance with this paragraph. MODIFICATION This Agreement may not be modified unless such modification is made in writing, executed by the Department and the Contractor and approved by the Attorney General and Comptroller of the State of New York. NECESSARY SIGNATURES If the financial limit under this Agreement exceeds Fifty Thousand Dollars ($50,000) this Agreement shall not be binding and effective upon the Department unless and until approved by the Attorney General and the Comptroller of the State of New York. Appendix D 7 C800655 APPENDIX E FINAL REPORT DOCUMENTATION CHECKLIST The Contractor shall provide the Department with a copy of each of the following documents within ninety (90) days following the closing of the conservation easement transaction(s): [] A closing statement for each conservation easement transaction, [] All closing checks associated with each conservation easement transaction. [] The final title insurance policy issued for each conservation easement. Any subordination agreements and any mortgage discharge statements that were required by the Department for each conservation easement. [] A fully executed stewardship agreement and any other agreement between applicant and easement holder if not the same entity (if applicable). A recorded conservation easement (or deed of development rights, or equivalent document). Final baseline documentation report (including all attachments thereto and as signed by landowner) for each conservation easement. Combined Real Estate Transfer Tax Return (form TP-584) as filed for each conservation easement. [] Easement holder's letter to the NYS Department of Conservation pursuant to Section 49-0305(4) of the Conservation Law. Environmental Environmental A statement of any problems encountered during the contract period which may have affected the completion of the plan of work. [] A letter from easement holder to the Department indicating the approximate date(s) of the first monitoring site visit for each conservation easement. Appendix E 1 C800655