HomeMy WebLinkAboutAg & Farmland Protection Impl. GrantRESOLUTION 2009-775
ADOPTED
DOC ID: 5291
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-775 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 22, 2009:
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 C800753 in connection with Agricultural and Farmland Protection
Implementation Grant in the amount of $530~459 for the term May 13, 2009 through
November 12, 2013, all in accordance with the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: William Ruland, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
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:
Amount of Agreement:
Contract Period:
Municipal Code:
C800753
$530,459
5/13/09 to11/12/13
4703 7900 0000
Contractor Name/Project Sponsor: Town of Southold
Street: P.O. Box 1179 City: Southold
State: NY zip: 11971-0959
Billing Address (if different from above):
Street: City: State:
Title/Description of Project: Agricultural & Farmland Protection Implementation Grant
Zip:
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
Signature of Contra~~e:
Dote: z:~_. 30 ~ O c~ ~f~,v~E.¥
Typed or Printed Name of Above Representative:
Scott A. Russel[
Title of Authorized Representative:
Southold Town Supervisor
Notary Public: On this..~?~.da~ of ..~¢__~ . 200Cj before me
personally appeared ~ S¢~L~ ", ~-'~"[I , to
me known, and known'to me to be the same person who executed
the above ins~ment and dun a~owle~ed the ~tion of the
same. ~l~ V~0~a, Public, Stale 0f New y
~ N0.0~D06095328. Suff0~k C0
Afforney General: ' ......~ "* '~ {
NEW YORK STATE
DEPARTMENT OF AGRICULTURE & MARKETS
Signatur~ of Authorized Official:
l~'[~yped or Pr
~ted Name of Above Official:
ized Official:
State Agency Certification: In addition to the acceptance
of this contract, I also certify that odginal co~.j~f this
signature page will be attached~~ct ~opies
.;, this contract.
Approved: Thamas P~a~ C~tr~er
Date:
STANDARD CLAUSES FOR NYS CONTRACTS
The parties to the attached contract, license, lease, amendment or
other agreement of any kind (hereinafter, "the contract" or "this
contract") agree to be bound by the following clauses which are hereby
made a part of the contract (the word "Contractor" herein refers to any
party, other than the State, whether a contractor, licenser, licensee, lessor,
lessee or any other party):
1. EXECUTORY CLAUSE. In accordance with Section 41 of the
State Finance Law, the State shall have no liability under this contract to
the Contractor or to anyone else beyond funds appropriated and
available for this contract.
2. NON-ASSIGINMENT CLAUSE. in accordance with Section 138 of
the State Finance Law, this contract may not be assigned by the
Contractor or its right, title or interest therein assigned, transferred,
conveyed, sublet or otherwise disposed of without the previous consent,
in writing, of the State and any attempts to assign the contract without
the State's written consent are null and void. The Contractor may,
however, assign its right to receive payment without the State's prior
written consent unless this contract concerns Certificates of Participation
pursuant to Article 5-A of the State Finance Law.
3. COMPTROLLER'S APPROVAL. In accordance with Section 112
of the State Finance Law (or, if this contract is with the State University
or City University of New York, Section 355 or Section 6218 of the
Education Law), if this contract exceeds $50,000 (or the minimum
thresholds agreed to by the Office of the State Comptroller for certain
S,U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any
amount to a contract which, as so amended, exceeds said statutory
amount, or if, by this contract, the State agrees to give something other
than money when the value or reasonably estimated value of such
consideration exceeds $10,000, it shall not be valid, effective or binding
upon the State until it has been approved by the State Comptroller and
filed in his office. Comptroller's approval of contracts let by the Office
of General Services is required when such contracts exceed $85,000
(State Finance Law Section 163.6.a).
4. WORKERS' COMPENSATION BENEFITS. In accordance with
Section 142 of the State Finance Law, this contract shall be void and of
no force and effect unless the Contractor shall provide and maintain
coverage during the life of this contract for the benefit of such
employees as are required to be covered by the provisions of the
Workers* Compensation Law.
5. NON-DISCRIMINATION REQUIREMENTS. To the extent
required by Article 15 of the Executive Law (also known as the Human
Rights Law) and all other State and Federal statutory and constitutional
non-discrimination provisions, the Contractor will not discriminate
against any employee or applicant for employment because of race,
creed, color, sex, national origin, sexual orientation, age, disability,
genetic predisposition or carrier status, or marital status.
in accordance with Section 220-e of the Labor Law, if this is a contract
for the construction, alteration or repair of any public building or public
work or for the manufacture, sale or distribution of materials, equipment
or supplies, and to the extent that this contract shall be performed within
the State of New York, Contractor agrees that neither it nor its
subcontractors shall, by reason of race, creed, color, disability, sex, or
national origin: (a) discriminate in hiring against any New York State
citizen who is qualified and available to perform the work; or (b)
discriminate against or intimidate any employee hired for thc
performance of work under this contract. If this is a building service
contract as defined in Section 230 of the Labor Law, then, in accordance
with Section 239 thereof, Contractor agrees that neither it nor its
subcontractors shall by mason of race, creed, color, national origin, age,
sex or disability: (a) discriminate in hiring against any New York State
c~tizen who is qualified and available to perform the work; or (b)
discriminate against or intimidate any employee hired for the
Page I
performance of work under this contract. Contractor is subject to fines
of $50.00 per person per day for any violation of Section 220-e or
Section 239 as well as possible termination of this contract and
forfeiture of all moneys due hereunder for a second or subsequent
violation.
6. WAGE AND HOURS PRO¥1SIONS. If this is a public work
contract covered by Article 8 of the Labor Law or a building service
contract covered by Article 9 thereof, neither Contractor's employees
nor the employees of its subcontractors may be required or permitted to
work more than the number of hours or days stated in said statutes,
except as otherwise provided in the Labor Law and as set forth in
prevaiIing wage and supplement schedules issued by the State Labor
Department. Furthermore, Contractor and its subcontractors must pay at
least the prevailing wage rate and pay or provide the prevailing
supplements, including the premium rates for overtime pay, as
determined by the State Labor Department in accordance with the Labor
Law.
7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance
with Section 139-d of the State Finance Law, if this contract was
awarded based upon the submission of bids, Contractor affirms, under
~erjury, that its bid was arrived at independently and without
collusion aimed at restricting competition. Contractor further affirms
that, at the time Contractor submitted its bid, an authorized and
responsible person executed and delivered to the State a non-collusive
bidding certification on Contractor's behalf.
8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance
with Section 220-f of the Labor Law and Section 139-h of the State
finance Law, if this contract exceeds $5,000, the Contractor agrees, as a
material condition of the contract, that neither the Contractor nor any
substantially owned or affiliated person, firm, parmership or corporation
has participated, is participating, or shall participate in an international
boycott in violation of the federal Export Administration Act of 1979
(50 USC App. Sections 2401 et seq.) or regulations thereunder. If such
Contractor, or any of the aforesaid affiliates of Contractor, is convicted
or is otherwise found to have violated said laws or regulations upon the
final determination of the United States Commerce Department or any
other appropriate agency of the United States subsequent to the
contract's execution, such contract, amendment or modification thereto
shall be rendered forfeit and void. The Contractor shall so notify the
State Comptroller within five (5) business days of such conviction,
determination or disposition of appeal (2NYCRR 105.4).
9. SET-OFF RIGHTS. The State shall have all of its common law,
equitable and statutory rights of set-off. These rights shall include, but
not be limited to, the State's option to withhold for the purposes of set-
off any moneys due to the Contractor under this contract up to any
amounts due and owing to the State with regard to this contract, any
contract with any State department or agency, including any
contract for a term commencing prior to the term of this contract, plus
any amounts due and owing to the State for any other reason including,
without limitation, tax delinquencies, fee delinquencies or monetary
ties relative thereto. The State shall exercise its set-off rights in
accordance with normal State practices including, in cases of set-off
to an audit, the finalization of such audit by the Stale agency,
its representatives, or the State Comptroller.
10. RECORDS. The Contractor shall establish and maintain complete
and accurate books, records, documents, accounts and other evidence
directly pertinent to performance under this contract (hereinafter.
collectively, "the Records"). The Records must be kept for the balance
of the calendar year in which they were made and for six (6) additional
>,ears thereafter. The State Comptroller, the Attorney General and any
other person or entity authorized to conduct an examination, as well as
the agency or agencies involved in this contract, shall have access to the
Records during normal business hours at an office of the Contractor
June. 2006
~T~LL~IBARR K~RIr.~ FGB NY$ DOIfTBA~$
withi~ the gt~e of New ¥o~ or, if ~o such office is avail~e, ~ a
mutually agreeable and reasonable venue within the State, for the term
specified above for the purposes of inspection, auditing and copying.
The State shall take reasonable steps to protect from public disclosure
any of the Records which are exempt from disclosure under Section 87
ef the Pubbc Officers Law (the "Statute") provided that: (i) the
Contractor shall timely inform an appropriate State official, in writing,
that said records should not be disclosed; and (ii) said records shall be
sufficiently identified; and (iii) designation of said records as exempt
under the Statute is reasonable. Nothing contained herein shall
diminish, or in any way adversely affect, the State's right to discovery in
any pending or future litigation.
11. IDENTIFYING INFORMATION AND PRIVACY
NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION
NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All
invoices or New York State standard vouchers submitted for payment
for the sale of goods or services or the lease of real or personal property
to a New York State agency must include the payee's identification
number, i.e., the seller's or [essor's identification number. The number is
either the payee's Federal employer identification number or Federal
social security number, or both such numbers when the payee has both
such numbers. Failure to include this number or numbers may delay
payment. Where the payee does not have such number or numbers, the
payee, on its invoice or New York State standard voucher, must give the
reason or reasons why the payee does not have such number or numbers.
(b) PRIVACY NOTIFICATION. (1) The authority to request the
above personal information from a seller of gnods or services or a lessor
of real or personal propemy, and the authority to maintain such
information, is found in Section 5 of the State Tax Law. Disclosure of
this information by the seller or lessor to the State is mandatory. The
principal purpose for which the information is collected is m enable the
State to identify individuals, businesses and others who have been
delinquent in filing tax returns or may have understated their tax
babilities and to generally identify persons affected by the taxes
administered by the Commissioner of Taxation and Finance. The
information will be used for tax administration purposes and for any
other purpose authorized by law.
(2) The personal information is requested by the purchasing unit of the
agency contracting to purchase the goods or serwices or lease the real or
personal properly covered by this contract or lease. The information is
maintained in New York State's Central Accounting System by the
Director of Accounting Operations, Office of the State Comptroller, 110
State Street, Albany, New York 12236.
12. EQUAL EMPLOYMENT OPPORTUNITIES FOR
MINORITIES AND WOMEN. in accordance with Section 312 of the
Executive Law, if this contract is: (i) a written agreement or purchase
order instrument, providing for a total expenditure in excess of
$25,000.00, whereby a contracting agency is committed to expend or
does expend funds in return for labor, services, supplies, equipment,
materials or any combination of the foregoing, to be performed for, or
rendered or furnished to the contracting agency; or (ii) a written
agreement in excess of $100,000.00 whereby a contracting agency is
committed to expend or does expend funds for the acquisition,
construction, demolition, replacement, major repair or renovation of real
property and improvements thereon; or (iii) a written agreement in
excess of $100,000.00 whereby the owner of a State assisted housing
project is committed to expend or does expend funds for the acquisition,
construction~ demolition, replacement, ma~or repair or renovation of real
property and improvements thereon for such project, then:
(a) The Con~'actur will not discriminate against employees or
applicants for employment because of race, creed, color, national origin,
sex, age, disability or marital status, and will undertake or continue
existing programs of affirmative action to ensure that minority group
members and women are afforded equal employment opportunities
without discrimination. Affirmative action shall mean
Page 2
AI~IffilItA
employment, job assignment, promotion, upgradings, demotion,
transfer, layoff, or termination and rates of pay or other forms of
compensation;
(b) at the request of the contracting agency, the Contractor shall request
each employment agency, labor union, or authorized representative of
workers with which it has a collective bargaining or other agreement or
understanding, to fumish a written statement that such employment
agency, labor union or representative will not discriminate on the basis
of race, creed, color, national origin, sex, age, disabili~ or marital status
and that such union or representative will affirmatively cooperate in the
implementation of the contractor's obligations herein; and
(c) the Contractor shall state, in all solicitations or advertisements for
employees, that, in the performance of the State contract, all qualified
applicants will be afforded equal employment opportunities without
discrimination because of race, creed, color, national origin, sex, age,
disability or marital status.
Contractor will include the provisions of "a", "b", and "c" above, in
every subcontract over $25,000.00 for the construction, demolition,
replacement, major repair, renovation, planning or design of real
property and improvements thereon (the "Work") except where the
Work is for the beneficial use of the Contractor. Section 312 does not
apply to: (i) work, goods or services unrelated to this contract; or (ii)
employment outside New York State; or (iii) banking services,
insurance policies or the sale of securities. The State shall consider
compliance by a contractor or subcontractor with the requirements of
any federal law concerning equal employment oppottunity which
effectuates the purpose of this section. The contracting agency shall
determine whether the imposition of the requirements of the provisions
hereof duplicate or conflict with any such federal law and if such
duplication or conflict exists, the contracting agency shall waive the
applicability of Section 312 to the extent of such duplication or conflict.
Contractor will comply with all duly promulgated and lawful rules and
regulations of the Governor's Office of Minority and Women's Business
Development pertaining hereto.
13. CONFLICTING TERMS. In the event ora conflict between the
terms of the contract (including any and all attachments thereto and
~ and the terms of this Appendix A, the terms of this
Appendix A shall control.
14. GOVERNING LAW. This contract shall be governed by the laws
of the State of New York except where the Federal supremacy clause
requires otherwise.
15~ LATE PAYMENT. Timeliness of payment and any interest to be
paid to Contractor for late payment shall be gnvemed by Article 1 I-A of
the State Finance Law to the extent required by law.
16. NO ARBITRATION. Disputes involving this contract, including
the breach or alleged breach thereof, may not be submitted to binding
arbitration (except where statutorily authorized), but must, instead, be
heard in a coutt of competent jurisdiction of the State of New York.
17. SERVICE OF PROCESS. In addition to the methods of service
allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor
hereby consents to service of process upon it by registered or certified
mail, retain receipt requested. Service hereunder shall be complete
upon Contractor's actual receipt of process or upon the State's receipt of
the retum thereof by the United States Postal Service as refused or
undeliverable. Contractor must promptly notify the State, in wrihng, of
each and every change of address to which service of process can be
Service by the State to the last known address shall be sufficient.
Contractor will have thirty (30) calendar days al~er service hereunder is
complete in which to respond.
June, 2006
ST "..".~."~." C~USES FOB NYS CONTRACTS
18. PROHIBITION ON PURCHASE
OF TROPICAL
HARDWOODS. The Contractor certifies and warrants that ail wood
products to be used under this contract award will be in accordance with,
but not limited to, the specifications and provisions of State Finance
Law §165. (Use of Tropical Hardwoods) which prohibits purchase and
use of tropical hardwoods, unless specifically exempted, by the State or
any governmental agency or political subdivision or public benefit
co~-poration. Qualification for an exemption under this law will be the
responsibility of the contractor to establish to meet with the approval of
the State.
In addition, when any portion of this contract involving the use of
woods, whether supply or installation, is to be performed by any
subcontractor, the prime Contractor will indicate and certify in the
submitted bid proposal that the subcontractor has been informed and is
in compliance with specifications and provisions regarding use of
tropical hardwoods as detailed in §165 State Finance Law. Any such use
must meet with the approval of the State; otherwise, the bid may not be
considered responsive. Upder bidder certifications, proof of qualification
for exemption will be the responsibility of the Contractor to meet with
the approval &the State.
19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In
accordance with the MacBride Fair Employment Principles (Chapter
807 of the Laws of 1992), the Contractor hereby stipulates that the
Contractor either (a) has no business operations in Northern Ireland, or
(b) shall take lawful steps in good faith to conduct any business
operations in Northern Ireland in accordance with the MacBride Fair
Employment Principles (as described in Section 165 of the New York
State Finance Law), and shall permit independent monitoring of
compliance with such principles.
20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of
New York State to maximize opportunities for the participation of New
York State business enterprises, including minority and women-owned
business enterprises as bidders, subcontractors and suppliers on its
procurement contracts.
Information on the availability of New York State subcontractors and
suppliers is available from:
NYS Department of Economic Development
Division for Small Business
30 South Pearl St -- 7ts Floor
Albany, New York 12245
Telephone: 518-292-5220
Fax: 518-292-5884
http://www.empire.state.ny, us
A directory of certified minority and women-owned business enterprises
is available from:
NYS Department of Economic Development
Division of Minority and Women's Business Development
30 South Pearl St -- 2nd Floor
Albany, New York 12245
Telephone: 518-292-5250
Fax: 518-292-5803
http ://www. empi re. state .ny. us
The Omnibus Procurement Act of 1992 requires that by signing this bid
proposal or contract, as applicable, Contractors certify that whenever the
total bid amount is greater than $1 million:
(a) The Contractor has made reasonable efforts to encourage the
participation of New York State Business Enterprises as suppliers and
subcontractors, including certified minority, and women-owned business
enterprises, on this project, and has retained the documentation of these
efforts to be provided upon request to the State:
Page 3
JiPPEI~B[A
(b) The Contractor has complied with the Federal Equal Oppormni¢ Act
of 1972 (P.L. 92-261 ), as amended;
(c) The Contractor agrees to make reasonable efforts to provide
notification to New York State residents of employment opportunities
on this project through listing any such positions with the Job Service
Division of the New York State Department of Labor, or providing such
notification in such manner as is consistent with existing collective
bargaining contracts or agreements. The Contractor agrees to document
these efforts and to provide said documentation to the State upon
request; and
(d) The Contractor acknowledges notice that the State may seek to obtain
offset credits from foreign 6ountries as a result of this contract and
agrees to cooperate with the State in these efforts.
21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are
hereby notified that if their principal place of business is located ~n a
country, nation, province, state or political subdivision that penalizes
New York State vendors, and if the goods or services they offer will be
substantially produced or performed outside New York State, the
Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684
and Chapter 383, respectively) require that they be denied contracts
which they would otherwise obtain. NOTE: As of May 15, 2002, the
ist of discriminatory jurisdictions subject to this provision includes the
tates of South Carolina, Alaska, West Virginia, Wyoming, Louisiana
and Hawaii. Contact NYS Department &Economic Development for a
:urrent list of jurisdictions subject to this provision.
22. PURCHASES OF APPAREL. In accordance with State Finance
Law 162 (4-a), the State shall not purchase any apparel from any vendor
unable or unwilling to certify that: (i) such apparel was manufactured in
compliance with all applicable labor and occupational safety laws,
including, but not limited to, child labor laws, wage and hours laws and
workplace safety laws, and (ii) vendor will supply, with its bid (or, if
not a bid situation, prior to or at the time of signing a contract with the
State), if known, the names and addresses of each subcontractor and a
list of all manufacturing plants to be utilized by the bidder.
June. 2006
'13
Form B.3. - Project Budget for FPIG Proposal (> $29,000/A for development rights) ~1~
2008-2009 Project Budget for FPIG Proposal
Farmland Protection Implementation Project Involving a Conservation Easement
?arm Name:]Maaratooka North LLC Farm Local Government Applicant: ]Town of Southold
Estimated
LAND COSTS /I II II Easement ~ 50G
~~,~~ ~ _
4~uto MTJh Total Project
David A. Paterson
Governor
STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
10B Aidine Ddve, Albany, New York 12235
518-457-8876 Fax 518-457-3087
www.ag mkt.state.ny.us
APPENDIX C
Patdck Hooker
Commissioner
May 13, 2009
Supervisor Scott Russell
Town of Southold
53095 Route 25
P.O. Box 1179
Southold, NY 11971
Dear Supervisor Russell:
I am very pleased to inform you that the Department of Agriculture and Markets has awarded the Town of
Southold the sum of $530,459 to assist the Town in its farmland conservation efforts. Based upon your FY'2008-2009
Agricultural and Farmland Protection Implementation Grants proposal, the Department has provided enough matching
funds to purchase the development rights on Maaratooka North Farm.
Before State funds can be provided for the purchase of easements or development rights on this farm, it will first
be necessary 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 strongly advise that you not incur any expenses for which State reimbursement
will be sought until the contract is approved.
The Department intends to allow Federal Farmland Protection Program (FPP) funds as a local match for this
project if the following conditions are met: (1) conservation easement provisions as required by FPP shall not
unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25 -AA of the Agriculture and
Markets Law, and (2) the participating landowner must be granted a waiver of the 2% impervious surface limit to allow
for 10% impervious surfaces in the easement area.
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 To'am with whom you would like us to work with regard to all fiscal
matters associated with the contract between the Town and the State. Please have that person complete and sign the
enclosed Contractor's Information Checklist. Also, 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 518-485-7729, by fax at 518.457-2716 or by e-mail at
david.behm~agmkt.state.ny.us.
The Department looks forward to working with you in conserving your valuable farmland resources for
agricultural production purposes now and in the future.
Patrick Hooker
Commissioner
ecl
Kenneth Schmitt, Suffolk Co. AFPB
Melissa Spiro, Town of Southold
Eric, Jeffrey & Scott Keil, Maaratooka North Farm
NEW YORK STATE
DEPARTMENT OF AGRICULTURE AND MARKETS
FORM A - APPLICATION
Farmland Protection Implementation Projects
MAARATOOKA NORTH LLC FARM
A. Applicant Information
[Repeat some of your responses as necessary to indicate ALL participants in a particular
farm project.]
1. Municipal Applicant
Name: Town of Southold
Address: 53095 Main Road (Route 25)
City: Southold State: New York Zip Code: 11971
2. Primary Contact Person (re.clardin.q this application)
[Please identify only one person.]
Name: Melissa Spiro, Land Preservation Coordinator
Address: Southold Town Hall Annex
54375 Main Road (Route 25) P.O. Box 1179
City: Southold State: New York Zip Code: 11971
Telephone number: 631 765-5711
Fax Number: 631 765-6640
E-mail Address: melissa.spiro~town.southold.ny.us
2
3. Primary Contact for the Farm Operation
[P/ease identify only one person, either the owner or other pr/nc/pal decision maker, of
the farm operation.]
Name: Eric D. Keil
Farm Name: Maaratooka North LLC (Business Name: Otto Keil Florists, Inc.)
Address (of business center of farm operation):4615 New Suffolk Ave.
City: Mattituck State: NY Zip Code: 11952
Telephone number: 516 250-5915 (cell)
E-mail Address: ottokeil~aol.com
4. Landowner(s)
[Please identify all landowners involved in the project.]
Name: Eric Keil, Jeffrey Keil, Scott Keil (Ownership Name: Maaratooka North LLC)
Farm Name: Maaratooka North LLC (Business Name: Otto Keil Florists, Inc.)
Address: 30 East Gate Drive
City: Huntinqton State: New York Zip Code: 11743
Telephone number: 516 250-5915 (cell)
E-mail Address:ottokeil~aol.com
5. Conflict of Interest
[Please refer to the RFP for additional information regarding conflicts of interest.]
Does the owner of the farm operation or any landowner listed above have a
conflict of interest?
NO
YES _X If so, attach one page documenting how the conflict of interest
has been addressed. [Please label this page "A.5. Conflict of lnterest.'~
6. Landowner(s) Commitment to Bar,(lain Sale
If the project budget reflects a bargain sale donation from any participating landowner,
each such landowner must sign the statement below:
Not Applicable
B. Property Identification
Driving Directions
Department staff will conduct a visual survey of the farm proposed for funding.
Please provide written driving directions below to the proposed farm from a major
highway.
The farm is located on State Route 25 (Main Road) in Mattituck.
From West:
From gas station located at intersection of State Route 25 and Marratooka Avenue
in Mattituck, continue east along Rt 25 for just over 0.1 mile. Farm is identified by
white farmhouse on left (north) side of Rt 25. A pebbled driveway leads passed a
wishing well located alongside westerly side of farmhouse and ends at red barn.
There is a "Speed Zone Ahead" sign at roadside, being west of the driveway
entrance.
From East:
From entrance to "Mattituck Estates" located at the intersection of State Route 25
and Cardinal Lane in Mattituck, continue west along Rt 25 for about 0.1 mile. Farm
is identified by white farmhouse on right (north) side of Rt 25. A pebbled driveway
leads passed a wishing well located alongside westerly side of farmhouse and ends
at red barn. There is a "Speed Zone Ahead" sign at roadside, being west of the
driveway entrance.
Tax Parcel Identification
List below all of the tax parcel numbers (and the acreage associated with each
parcel as designated on the official County tax maps) proposed to be included
under this easement:
Tax Parcel Total Acreage of Tax Acreage of Tax Parcel Proposed for
Number Parcel Conservation Easement
1000- 22.5 acres 17.5 acres
115-2-6
4
3. Exclusions
For each and any excluded lot, please describe below why the exclusion of such lot(s) from
the proposed conservation easement will NOT affect the long-term viability of the
agricultural land for the farm contained in the proposal.
The 22.5 acre tax parcel owned by Maaratooka North Farm includes an existing
residential dwelling, barn and other accessory buildings located near the Main Road (State
Route 25) side of the property. The landowners want to leave 5 acres out of the easement
area; 4 acres to include the existing dwelling, barn and other accessory buildings, and 1
acre for the oppor[unity to create one additional residential dwelling on a separate lot in
the future. Southold Town regulations do not allow for 2 residential dwellings on the same
lot; therefore the creation of a second dwelling would require subdivision approval from the
Planning Board. The Town is currently working with the landowner to design the best
layout to conform to the Town Code and Subdivision regulations; therefore the 4 acre area
and I acre area are shown together as one 5 acre area. The maps attached as part of
Section F show the potential area for the excluded 5 acre area.
The Town's program has historically excluded residential dwellings from development right
easements. Approximately 4 of the 5 excluded acres, including the dwelling, barn and
accessory buildings are proposed to remain with the farm acreage, but not covered by the
easement. The remaining acre will be subdivided from the farm for residential purposes.
The landowners are proposing the 5 acre Reserved Area to make sure that should the
farm need to be sold in the future, that it will be designed in a manner to ensure the
viability of the farm. The 4 acre area will allow for uses not currently allowed within
Southold Town easements, such as a winery, retail area, etc. and will make the farm more
marketable for all types of agricultural uses. The potential for a second residential dwelling
separate from the actual farm, will allow for a residential dwelling away from Main Road
and any business area for the farm. The residential lot will be designed with approximately
16 feet of access to Main Road, the remaining frontage on Main Road, over 275 feet, will
provide access to the Excluded Area and the protected farmland. The 5 acre area will be
designed to minimize impact on the tillable acreage. The 5 acre exclusion will ensure the
viability of the farm into the future.
5
C. Farmland Easement Information
1. Conservation Easement Document
Applicants must specify which conservation easement they intend to use in their local
farmland protection implementation project:
X the Department's Standard Agricultural Conservation Easement, or
The Town of Southotd has worked with the Department of Agriculture and
Markets in the past. The Town is willing to use, and has used, the
Department's Standard Agricultural Conservation Easement with
amendments approved by the Department. The Town is willing to use, again
with amendments approved by the Department, the newly revised
Department's standard easement. The Town is willing to work with the
Department in advance to discuss any issues or concerns the Department
staff may have.
See attached sample easement - Appendix A
[] the applicant's conservation easement document. Please attach a copy
of your conservation easement document with the proposal. [Please attach at the
end of your proposal, labeled as "Appendix A. '~
2. Easement Stewardship
Please complete the table below.
Name of municipality or organization that Southold Town
will hold the conservation easement(s):
Name of municipality or organization, if None
any, that will serve as a third party with
right of enforcement for the conservation
easement(s):
Name of municipality or organization that Southold Town
will regularly monitor the conservation
easement(s):
Name of municipality or organization that Southotd Town
will enforce and defend the conservation
easement(s):
,' 6
3. Soils and Landscape Information
Please complete the table below for the proposed farm.
Please provide ALL of the following information:
Acres
protected 17.5
based upon either a tax parcel map or an existing legal
su __ Ay2 =
100%
# of protected acres available for crop and/or livestock
)roduction =
# of protected acres available for crop and/or livestock
production divided bythe # of protected acres, then
multiply that amount by 100 to determine its % (round
up to the nearest whole number).
# of protected acres in woodlands and wetlands =
# of protected acres in woodland and wetlands divided
by the # of protected acres, then multiply that amount
by 100 to determine its % (round up to the nearest
whole number).
Do the woodlands provide a financial return to the
landowner?
__No Yes If "Yes," please describe how and to
what extent the woodlands provide a
financial return to the landowner in your
response to section D, item #1 ("Nature of
Farm Enterprise").
# of protected acres in USDA Prime Soils =
(NOTE: Prime soils are distinct from those below.):
# of protected acres in USDA Prime Soils divided by the
# of protected acres, then multiply that amount by 100
to determine its % (round up to the nearest whole
number).
# of protected acres in Soils of Statewide Significance =
(NOTE: These soils are distinct from those above.):
# of protected acres in Soils of Statewide Significance
divided by the # of protected acres, then multiply that
amount by 100 to determine its % (round up to the
nearest whole number).
O%
100%
Extent of
Proposed
Easement
Area ( % )
O%
7
D. Proiect Narrative
For each of the following subheadings, please attach a ONE-page statement that
provides a thorough response to each item identified below. Each part of your
response and any supporting documentation must not exceed one page and the font
size must be 10 point or larger. Label each answer as entitled below; any modification
to a label/subheading in your response to any item in this section may result in a
disqualification of that particular farm.
Nature of Current Farm Enterprise
Describe the current farm enterprise and use, including the type and size of the
operation, recent production history, years in operation, plans for future operations,
amount of additional land owned and/or rented, and awards received (e.g. Dairy of
Distinction).
See Attachment D. 1. Nature of Current Farm Enterprise
LonR Term Viability of Property
Describe the factors and/or attributes of the farm that suggest it will likely continue
to be a farm in the future.
See Attachment D.2. Long Term Viability of Property
Buffer to a Si.qnificant Natural Public Resource
Describe the extent to which the farm serves as a buffer to a significant natural
public resource containing important ecosystem or habitat characteristics. Please
identify both the resource to be protected and how the proposed farm will provide a
buffer to said resource. [You may include pertinent visual information as a partial
response to this item in Section E ("Maps").]
See Attachment D.3. Buffer to a Significant Natural Resource
Evidence of Development Pressure
Describe the extent to which the farm is facing significant development pressure.
You may incorporate any figures, tables or other information showing development
patterns, trends, population statistics or other relevant factors as part of your one-
page attachment. [You may include pertinent visual information as a partial
response to this item in Section E ("Maps").]
See Attachment D. 4. Evidence of Development Pressure
8
E. Local Commitment
Please provide signed current statements from the following parties signifying their
willingness to participate in and support this project. Each statement must not exceed
two pages and the font size must be 10 point or larger.
[Please label each statement as entitled below.]
1. Landowner Commitment
The landowner commitment letter should describe the owner's motivation
participating in the program and commitment to closing the project if funded.
See Attachment E. 1. Landowner Commitment
for
2. Commitment of Local Partners to Farmland Protection
Each participating project partner (e.g., local government applicant, any other local
government, land trust, and/or other local entity) must identify in a support letter their
specific ongoing farmland protection implementation activities, if any, that are in
addition to the proposed project described in this proposal. Each letter must describe
the relevance of any such activities to this proposal.
See Attachment E. 2. Commitment of Local Partners Support Letter
3. Farmland Protection Board
If the applicant is a municipality, the County Agricultural and Farmland Protection
Board must endorse this proposal. Provide either a letter of support or a board
resolution supporting the application specifically for the farm submitted in this proposal.
See Attachment E. 3. Farmland Protection Board
4. Project Mana.qement
Please identify who will serve as the Project Manager for the contract if State funds are
awarded for this farmland protection project. Identify the organization that employs that
individual, position title and a brief summary of that person's relevant conservation
easement experience (if any). Limit your response to one-page. Do not submit
resumes or full biographies.
Melissa Spiro will serve as the Project Manager. Ms. Spiro is the Land Preservation
Coordinator for the Town of Southold. Ms. Spiro has worked for the Town of Southold
since 1988; first in the Planning Department, and when the Land Preservation
9
Department was created in 2000, Ms. Spiro transferred to that Department. Ms.
Spiro, together with Melanie Doroski (Sr. Administrative Assistant) handles all aspects
of the preservation process. Ms. Spiro has had extensive experience with conservation
easements during her employment with the Town.
5. Easement Stewardship
Each entity that will hold and monitor the easement must confirm its respective role in
its support letter and also indicate its capacity to carry out its easement stewardship
responsibilities, including staffing levels and organizational experience.
See attached support letter- Refer to Attachment E. 2.
10
F. Maps
Please attach the following maps labeled as fotlows. Maps may be no larger than 1 t" x
17". When necessary, attach multiple maps if the farm property cannot be shown on
one.
I. Tax Parcel Map
Provide a tax parcel map showing the boundaries of:
(a) the proposed conservation easement area; and
(b) any other adjoining or nearby tax parcel(s) (or portion thereof) owned by the
landowner but not included in this conservation easement - each such parcel
must be labeled as an "excluded lot".
Optional: If you wish to submit a proposed site plan for this farm project, please also
include the following elements on the tax parcel map:
(a) boundaries of farmstead complex(es), as applicable;
(b) resource protection area(s), if applicable;
(c) boundaries of any access rights-of-way across the proposed conservation
easement area to any excluded lot or to any other parcel owned by someone
other than the easement Grantor; and
(d) signatures from the landowner, the project manager and the local government
applicant (if not the project manager) on the bottom of this site plan
acknowledging their respective approval of its content.
See Attachment F. 1. Tax Parcel Map
2. Soil Survey Map
Provide a soil survey map showing the boundaries of:
(a) the proposed conservation easement area;
(b) any excluded lot; and
(c) all prime and statewide important soils (please delineate each type separately)
that fall within the proposed easement area.
If unable to provide such visual representation of soil categories, please provide a
chad showing the soil symbol, soil name, and acreage of each within the proposed
easement area for both prime and statewide important classified soils. [Please label
the chart as "F. 2. Soil Survey. '~
See Attachment F. 2, Soil Survey
11
3. Context Map
Provide in no more than TVVO maps (each comprised of a base of either a (1) USGS
Topographic Map, or (2) an aerial photo, or (3) an atlas map) that shows the following
features (when applicable):
(a) the proposed conservation easement area;
(b) adjacent roadways for locating the farm;
(c) other protected farms or permanently protected open space lands adjoining the
boundaries of the proposed farm;
(d) existing or proposed development pressure adjoining the boundaries of the
proposed farm (for example, new housing construction, water or sewer
infrastructure, commercial development); and
(¢) the proximity of any significant natural public resources to the proposed farm.
See Attachment F. 3. Context Map / Context Map Zoomed
'PATRICIA A. FINNEGAN
TOWN ATTORNEY
patricia, finnegan@t own.southold.ny.us
KIEHAN M. CORCORAN
ASSISTANT TOWN ATTORNEY
kieran.corcoran@town.southo!d.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
lori.hulse@town.southold.ny.us
A.5. Conflict of Interest
SCOTT A. RUSSELL
Supervisor
Town H~lAnnex, 54375Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
To.'
From:
Date:
Subject:
Ms. Melissa Spiro, Land Preservation Coordinator
Kieran M. Corcoran, Esq.
Assistant Town Attorney
September 3, 2008
Maratooka North LLC
This Memorandum addresses the procedures that have and should
continue to be followed by the Land Preservation Committee (LPC) in connection
with deliberations over the potential acquisition of property owned by Maratooka
North LLC. I understand that a member of the LPC is a principal of Maratooka
North LLC.
As you are aware, the Town Code of the Town of Southold contains
an Ethics Law governing conflicts of interest, at Chapter 26. Sections 26-5
through 26-7 of the Ethics Law govern the mandatory procedures for recusal
when a member of the LPC is presented with an application such as this. I
understand that the particular individual with a potential conflict of interest has
been and will continue to abide by these rules of conduct. Specifically, the
individual shall recuse himself from discussions or voting on the subject
application. I understand that the person has and will continue to leave the room
when all discussions of this application take place.
It is also important to note that the LPC does not have the authority
finally to approve the potential acquisition at issue here, which requires a Town
Board vote upon public hearing. Accordingly, it appears that any possible conflict
relating to this potential application is addressed in an appropriate manner.
KMC/Ik
D.1. Nature of Current Farm Enterprise
1. Nature of Current Farm Enterprise
Describe the current farm enterprise and use, including the type and size of the
operation, recent production history, years in operation, plans for future operations,
amount of additional land owned and/or rented, and awards received (e.g. Dairy of
Distinction).
Otto Keil Florists Inc. is a multigenerational family greenhouse and container nursery.
The business was started in 1941, by Otto Keil in Huntington, Long Island (about 60
miles west of the subject property. Today the business is made up of the second and
third generation, and includes 5 partners; father and 4 sons. The business still owns
several small farms in Huntington, but as farmland became limited in Huntington, the
business expanded to Southold Town. Otto Keil Florists Inc. grows holiday plants,
perennials and annuals in greenhouses, containers, and in the field. Plants are sold
to large landscape contractors and garden centers, municipalities, large retailers and
wholesalers, retail florists and farm stands. Three of the 5 partners purchased the
22.5 acre subject farm several years ago under the ownership name Maaratooka
North LLC. In addition to the subject farm owned by Maaratooka North LLC, the
partners, together or under different LLCs, own and operate the business from the
Huntington properties, 32 acres of farmland across the street from the subject farm
and 31 acres of farmland in Peconic (approximately 10 minutes to the East.) The
business is currently negotiating to purchase another farm within Southold Town.
The Maaratooka North Farm was purchased for expansion of the existing container
nursery aspect of the business. The farm was an important purchase for the business
due to its location across the street from the existing 32 acre greenhouse and
container nursery. The farm is currently planted in grain crops to prevent erosion and
to keep the soil in good condition.
D.2, Long Term Viability of Property
Lonq Term Viability of Property
Describe the factors and/or attributes of the farm that suggest it will likely continue to be a
farm in the future.
· Does the farm have a succession plan?
The farm was purchased for purposes of expanding the existing greenhouse and container
nursery. The 4th generation Keil is too young at this point to take over the business, but the
Partners are doing Estate planning to ensure that the business is kept viable for the 4th
generation. The farm is in Suffolk County Agricultural District #1.
· How proximate are otherpermanentlyprotected farm operations?
The west side of the farm borders 50 acres of permanently protected farmland; the east side
of the farm borders 40 acres (2 tax parcels) of permanently protected farmland. Once the
subject property is preserved it will be part of a 112 acre block of permanently protected
farmland. There is one remaining unprotected 23 acre farmland property to the east of the
112 acre block of farmland mentioned. The landowner of the 23 acre property is currently
discussing preservation options with the Town and County.
The subject farm is within ½ mite of 181 acres of permanently protected farmland, within 1
mile of 421 acres of permanently protected farmland and within 5 miles of 2,647 acres of
permanently protected farmland.
· How proximate are other permanently protected ~ands?
The subject farm is within ½ mile of 32 acres of permanently protected non-farmland
property, within 1 mile of 62 acres of permanently protected non-farmland property and
within 5 miles of 1,359 acres of permanently protected non-farmland property.
· How proximate are agricultural service providers, for example, veterinarians, tractor
supply dealers, feed dealers?
Otto Kei[ florists, Inc. uses two different Greenhouse suppliers; one located in Riverhead
Town (approximately 15-20 minutes west of subject farm) and one located in Brookhaven
(approximately 45 minutes west of subject farm.)
Southold farmers have accessibility to significant agricultural infrastructure and resources.
The following are located in Riverhead Town (approximately 15-20 minutes west of the
subject farm): Three different tractor dealers, Long Island Cauliflower Association (seeds,
fertilizers, chemicals, etc.), Cornell Cooperative Extension of Suffolk County (agricultural
research and education), Long Island Farm Bureau (farm-related support), and First Pioneer
Farm Credit. In addition, there are a variety of other companies within Suffolk County that
provide products and services for the farming community.
· How proximate are markets and/or processors for farm products?
Otto Keil Florists, Inc. ships within the Tri-State area; approximately 40% of the products are
distributed on Long Island and the 5 New York Burroughs; 40% are distributed in
Westchester and Connecticut; and 20% to New Jersey and upstate New York. Major
thoroughfares enable this distribution; 70% is shipped on Otto Keil Florists, Inc trucks and
30% is picked up by retailers from the Otto Keil Florists, Inc. Huntington property.
In general, the farmers in the Town of Southold have accessibility to both retail and
wholesale markets. There is a very strong local market for the sale of fresh agricultural
produce sold at roadside farm stands to residents, a significant tourist population, second
homeowners, and to local restaurants. Produce is also sold in local food markets and is
increasingly featured in larger supermarket chains that serve all of Long Island. Additionally,
the New York City markets (including the Hunts Point Terminal) are within approximately 90
miles to the West.
D.3. Buffer to a Significant Natural Resource
Buffer to a Significant Natural Public Resource
Describe the extent to which the farm serves as a buffer to a significant natural public
resource containing important ecosystem or habitat characteristics. Please identify
both the resource to be protected and how the proposed farm will provide a buffer to
said resource. [You may include pertinent visual information as a partial response to
this item in Section E ("Maps").]
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.
D.4. Evidence of Development Pressure
m
Evidence of Development Pressure
Describe the extent to which the farm is facing significant development pressurel You
may incorporate any figures, tables or other information showing development
pattems, trends, population statistics or other relevant factors as part of your one-
page attachment. [You may include pertinent visual information as a partial response
to this item in Section E ("Maps").]
The Town of Southold has been a farming community since its founding over 358
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.
Increasing development pressure caused land values to skyrocket over the past
several years. The current economy appears to have caused a stabilization of land
values, but a downward trend is not yet apparent. The average per acre price for
Town development right projects acquired in the year 2000 was approximately
$10,000 per acre. Purchase price for Town development projects closed in 2008,
and under contract to close in 2008, range from $75,000 to $83,000 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
agriculture land for the future have been successful in preserving over 3,600 acres of
farmland. In 2007 the Town and County together preserved approximately 170 acres
of farmland. However, the Planning Board currently has before it 31 applications for
either Standard Subdivisions (full yield subdivision without a preservation component
or Conservation Subdivisions (subdivisions with residential lots and 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 Maaratooka North Farm, like all
farms in Southold Town, is faced with significant development pressure. The fact
that both sides of the farm are adjacent to existing preserved land makes the
property susceptible to development pressures from developers looking to market
residential dwellings surrounded by protected views and preserved land.
E.1. Landowner Commitment
To Whom It May Concern,
Thank you for considering our farm for inclusion in the New York State
Grant program. We feel strongly that our farm should be preserved· It is in the
center of a large continuous block of preserved farms. We would hate to see
development of this property as it would have a negative impact on the farm
operations of our neighbors and the community. We are committed to protecting
this land and hope you agree. The sale of development ril~hts will also help us to
reduce our mortgage debt and deal with issues pertaining to our Father's estate
planning, further strengthening our business for the future. Sincerely,
SCOTT A. RUSSELL
SUPERVISOR
E.2. Commitment of Local Partners Support Letter
Town Hall, 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Fax (631) 765-1823
Telephone (631) 765-1889
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
September 10, 2008
Lucy Roberson, Director
Division of Fiscal Management
NYS Dept. of Agriculture and Markets
10B Airline Drive
Albany, New York 12235
RE:
NYS Dept. of Agriculture and Markets: Farmland Protection Implementation Projects
Round 12 FY 2008-2009
Form A: Commitment of Local Partners to Farmland Protection
Dear Ms. Reberson:
Please find the following information in regard to Southold Town's ongoing farmland protection
implementation activities, easement stewCardship responsibilities, and staffing levels and
organizational experience as required in Form A, Section E, Numbers 2 and 5:
Farmland Protection Implementation Activities
Of Southold Town's approximately 34,000 acres, farmland still comprises a substantial portion---over
10,200 acres. Agricultural production is of vital importance to the character of the Town and its
economy.
Town residents have shown their commitment to agriculture by approving substantial bond issuances
for farmland and open space acquisitions since 1983. In June of 1998, the Peconic Bay Region
Community Preservation Act was signed into law, which created a mechanism whereby Southold
Town can use a 2% real estate transfer tax to acquire properties critical to the preservation of
agricultural land and open space within the Town. The Town to date has over 4 million dollars
available in its Community Preservation Fund, $4 million available in an authorized farmland bond
and 15 million remaining from a 22.5 million dollar bond authorization to borrow against anticipated
Community Preservation Fund revenue. Community Preservation Funds will be used as the Town's
match to purchase the farms described in the Town's FY2008-2009 Request for Funding.
In 1999, the Town commissioned a 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; preserving land suitable for farming and ensuring 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
Lucy Roberson, Director
Page 2
farms described in the Town's FY2008-2009 Request for Funding meets the overall intent, 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 existing, actively farmed parcels and
it removes them from the threat of residential development.
Since the Town's first purchase of development rights in 1986, the Town has permanently protected
97 farmland parcels, totaling approximately 2010 acres at a cost of over 41 million dollars. The Town
continues to actively purchase development rights; since January 2007 to date, the Town has
permanently protected 11 farms totaling 165 acres, and including the farms in the FY2008-2009
Request for Funding, there are over 175 farmland acres pending preservation. Additionally, Suffolk
County has an active farmland protection program and has protected over 1600 acres within the
Town since its first purchase in 1977. The Town of Southold's goal is to protect at least eighty
percent (80%) of its unprotected farmland acres. Preservation of the properties included in the
FY2008-2009 Request for Funding will help the town further its preservation goals.
Over 7,500 acres of farmland properties are in the Suffolk County Agricultural District #1. The Town
Tax Assessors review all Agricultural District properties on or before their respective anniversary
date. Through its Code, the Town also helps to protect agriculture with a 60% cluster development
provision and a "Right to Farm" clause.
The Peconic Land Trust (PLT) is an active participant in the Town's farmland protection program.
The Town has an annual contract with PLT to work with the Land Preservation Department and to
help facilitate the Town's preservation program. The PLT, as part of its mission, has been developing
a program that will help to promote more access to affordable and productive farmland. PLT has
acquired farmland within Southold Town that could be used to create a pilot Access to Farmland
Program. Although PLT is not involved with the properties included in the FY2008-2009 Request for
Funding, PLT's work toward an Access'to Farmland Program benefits all agricultural lands within
Southold Town as it strives to keep farmland productive and affordable.
Easement Stewardship Responsibilities
Southold Town has a Land Preservation Committee (LPC) consisting of seven members appointed
by the Town Board. The committee members are volunteers, all living within Southold Town. General
monitoring occurs on almost a daily basis due to the fact the majority of the parcels are visible from
the road and all LPC members live within the Town. The Land Preservation Department maintains a
file for each properly on which the development rights have been sold. Included within the file is a
survey for the specific site. Specific site monitoring occurs on an annual basis.
Staffing Levels and Organizational Experience
The Town has a Land Preservation Department and employs a full-time Land Preservation
Coordinator and a Sr. Administrative Assistant in addition to the active seven (7) member Land
Preservation Committee. The Chairman of the Land Preservation Committee is the 4th generation of
an active farm family in Southold Town. The Land Preservation Department and Land Preservation
Committee work with all landowners, including the landowners of the properties included in the
FY2008-2009 Request for Funding, to help them through the process of preserving their property.
Southold Town is dedicated to the preservation of farmland and thanks you in advance for
considering the Town's FY2008-2009 Request for Funding.
Sincerely,~
Southold Town Supervisor
E.3. Farmland Protection Board
Suffolk County
Agricultural and Farmland Protection Board
c/o Suffolk Counly Planning Department
i00 velerans Memorial Highway, PO Box 6100, Hauppauge, NY 11788-0099
/': (631) 853-5191 F: (631) 853-4044
September 4, 2008
Ms. Lucy Roberson, Director
Division of Fiscal Management
Department of Agriculture and Markets
New York State
10 B Airline Drive
Albany, New York 12235
Dear Ms. Roberson:
The Suffolk County Agricultural and Farmland Protection Board has continually
supported Suffolk County Towns in their application to receive Federal and State funding
to help them with the purchase of farmland development rights. Suffolk County and its
Towns have established an outstandi~ag track record in the preservation of farmland.
Matching grants are an important and necessary part of continuing preservation efforts in
the face of extremely strong development pressure. In 2002 there were only 34,127 acres
of farmland left in Suffolk County. This is down from 123,346 in 1950. Currently Suffolk
County is losing 346 acres of farmland each year.
It is for these reasons that the Suffolk County Agricultural and Fan'nland Protection
Board supports and endorses the Town of Southold's application for matching New York
State Funds for the purchase of farmland development rights.
Sincerely,
Kenneth J. S'dhmitt
Chain-nan
Suffolk County Agricultural and Farmland Protection Board
: / /~ / /~', ~aaratooka North
· 1.~ I ,,~ t~/ ~ ~
,,
/ ~ k k Development Rights
T ~ ~ Area
Deve~e~ Rights ~
Excluded
Property owned by
Otto Keil Florists
F. 2. Soil Survey Map
Soil Type Boundary
~ Subject Tax Parcel
Excluded Area
Soil Descriptions:
HaA = Haven loam,
0 to 2 percent slopes
RdB = Riverhead sandy loam,
3 to 8 percent slopes
Scale: 1 inch equals 400 feet
Map Prepared by
Town of Southold GIS
September 9, 2008
Aerial Photographs Taken
From Spring 2004 Flight
Suffolk C(~anty Reel Property Tax
Se~ice ~eecy GIS Eiasemap
COPYRIGHT 2008, County of Suffolk, N.Y.
Maaratooka North LLC Farm
SCTM# 1000-115.-2-6
Easement Area
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 (i.e.
transactional) costs:
· title seamh (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 ail
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.
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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
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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
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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 purchase
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. No funds available under this Agreement
shall be disbursed until the Contractor's agreements and monitoring plan have
been approved by the Department.
COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS
The Contractor is responsible for complying with all local, state and
federal laws applicable to the work performed under this Agreement.
PAYMENT CONTINGENCY
Funds for payment under this Agreement are provided to the Department
through appropriations from the New York State Legislature. These
appropriations are made on a fiscal year basis. New York's fiscal year begins on
April 1 of each calendar year and ends on March 31 of the following calendar
year. Funds for payment under this Agreement were appropriated to the
Department during the 2008-2009 fiscal year and were reappropriated during
the 2009-2010 fiscal year. Payment for work under this Agreement which is
completed by the Contractor after the 2009-2010 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.
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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 ten percent (10%) within each specific budget
category. Any budget variance in excess of ten percent (10%) shall be made
only upon the prior written approval of the Department and the Comptroller of
the State of New York. 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.
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INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the State of New
York and the Department from all liability incurred by the Department for bodily
injury and personal property damages resulting from the negligent acts, errors or
omissions of the Contractor, its officers, agents or employees in the provision of
services under this Agreement, provided that the Department promptly notifies
the Contractor of any such claim and affords the Contractor an opportunity to
defend such claim and cooperates fully with the Contractor in the defense of
any claims.
NON-SECTARIAN PURPOSE
The Contractor shall not expend funds received under this Agreement for
any purposes other than for performance of the work under this Agreement, and
hereby represents that no contract funds shall be expended directly or indirectly
for any private or sectarian purpose.
CONTRACTOR NOT DEPARTMENT EMPLOYEE OR AGENT
Neither the Contractor, nor its agents, employees, suppliers or
subcontractors shall be in any way deemed to be employees or agents of the
Department or of the State of New York in performing the work under this
Agreement.
DEVIATION FROM WORK
The Contractor shall perform the work under this Agreement as set forth
in the application attached as Appendix C. Any substantial deviation from the
application shall require the prior 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 circumstances reasonably beyond the Contractor's control
should not constitute cause for termination pursuant to this provision. In the
event of such failure to perform, the Department may, at its option, either grant
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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.
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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 Environmental
Conservation pursuant to Section 49-0305(4) of the Environmental
Conservation Law.
[] 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.
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