HomeMy WebLinkAboutNYS D of Ag & Markets C800510 Ag & Farm ImplementationDIVISION OF t~ISCAL M~NAGEMENT
(518) 457-2080
STATE OF NEWYORK
DEPARTMENTOFAGRICULTUREAND MARKETS
1WINNERS CIRCLE
ALBAN~ NEWYORK12235
March 2, 2000
Jean W. Cochran
Supervisor
Town of Southold
Town Hall
PO Box 1179
Southold, NY 11971
Dear Ms. Cochran:
Enclosed is a fully-executed copy of your Agricultural and Farmland
Implementation Grant with this Department.
Sincerely,
Gall Fuller
Associate Budget Analyst
cc: M. Davis
£U.~F~V SORS O~ '
T:?"? OF SOUTNL'
PRINTED ON RECYCLED PAPER
AGREEMENT
New York State
Depar~nant of Agriculture and Markets
I Winners Circle
Albany, NY 12235-0001
Agency Code O6OOO
AGRICULTURAL AND FARMLAND PROTECTION
IMPLEMENTATION GRANT
STATUTORY AUTHORITY: Agriculture and Markets Law Article
25AAA
Contract Number:. C800510
Amount of Agreement: $500,000
Contract Period: 4/6/99 to 3/31/01
Mun~p~ Co~: 470379000000
Contractor Name/Project Sponsor:. Town of Southold
Street: Town Hall, 53095 Main Rd., PO Box 1179 cb: Southold
State: NY 71p: 11971
Billing Address (if different from above):
Street:
City: State: 2)p:
T'rile/Descrtption of Project: Town of Southold Agricultural & Farmland Implementation Grant
THIS AGREEMENT INCLUDES THE FOLLOWING:
[] Appendix A (Standard Clauses for all New York State Contracts)
[] Appendix B (Project Budget)
[] Appendix C (Award letter(s) & a portion of Applicant's proposal)
[] Appendix D (The Department's General Conditions)
[] Appendix E (Federal Conditions)
[] Appendix F -Cooperative Agreement 73-2C31-8-440
FOR AMENDMENTS CHECK THOSE THAT APPLY:
[] Additional Work
[] Extension of Time
Fronl to
[] Increase Amount
[] Decrease Amount
[] Renewal: _Remaining
[] Revised Budget
[] Revised Scope of Work
[] Other
if Increase/Decrease in Amount:
Previous Ammmt: $
Increase/decrease
New Total: $
The Contractor and the Department agree to be bound by the
terms and conditions co ~tained in this Agreement
C~NTRACTOR
Signatdl.~ of contractor's Authorized Representative:
Date:
Typed or Printed Name of Above Representative:
NYS DEPARTMENT OF AGRICULTURE &
MARKETS
Signature of Aulhorized Official:
Typed or Pdnted Name of Above Official:
Ttile of Authorized Representative:
Note~G' Public: On this day before me persone~y appeared
r._.~on uO, C'~c~ r,m.l,q , to me known, and
known to me to be the same person who executed the above
Tifle of Authodzed Official
I /
S~te Ag~y Ce~n: In a~ to ~ a~e
of ~ ~m~, I ~ ~ ~t o~ ~ of ~is
ag~tum ~ wiB ~ a~c~ to all o~r e~ ~i~
Attorney General:
FEB ~. ~ 2000 Commis,,
PETER FAVR ET~o
ASSOCCATE ATTORNEY
x~ of the same.
~NIE 00ROSKI
~UOUC~, State oi NY
n E~re~ ~
of this contract.
Office of the State Comptrellen
APPENDIX A
STANDARD CLAUSES FOR ALL NEW YORK STATE 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-ASSIGNMENT CLAUSE. in accordance with Section 138 of the State Finance Law, this contract may not be
assigned by the Contractor or its right, tifle 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 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 $10,000
(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.
4. WORKERS' COMPENSA'nON 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. In accordance with Article 15 of the Executive Law (also known as the
Human Rights Law) and all other State and Federal statutory and constitutional non-diecrimination provisions, the Contractor will not
discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability or
marital status. Furthermore, 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 ifs 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 the 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 ifs subcontractors shall, by reason of race, creed, color, national origin, age, sex or
disability: (a) discriminate in hiring against any New York State cifizen who is qualified and available to perform the work; or (b)
discriminate against or intimidate any employee hired for the 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
foffeitura of all moneys due hereunder for a second or subsequent violation.
6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building
service contract covered by Article 9 thereof, neither 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 prevailing 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 REQUIREMENT. In accordance with Section 139-d of the Stats Finance Law, if this
contract was awarded based upon the submission of bids, Contractor warrants, under penalty of perjury, that its bid was arrived at
independently and without collusion aimed at restricting competition. Contractor further warrants that, at the time Contractor
submitted ifs bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on
Contractor's behalf.
8. INTERNATIONAL BOYCOI'F PROHIBmON. 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, partnership 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, ia 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 (2 NYCRR 105.4).
g. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of sm-off. These rights
shall include, but not be limited to, the State's option to withhold for the purposes of sst-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 other 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 penalties relative thereto.
The State shall exercise its set-off rights in accordance with normal State practices including, in cases of sat-off pursuant to an audit,
the finalization of such audit by the State agency, its representatives, or the State Comptroller.
10. RECORDS. The Contractor shall establish and maintain complete and accurate 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 years thereafter. The State
Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or
agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor
within the State of New York or, if no such office is available, at 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 mesonable steps to protect from
public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute")
provided that: (i) the Contractor shall timely inform an appropdats 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 es exempt under the Statute is reesonable.
Nothing contained herein shall diminish, or in any way advemely affect, the State's right to discovery in any pending or future
litigation.
1 t. IDENTIFYING INFORMATION AND PRIVACY NOTIRCATION:
(a) FEDERAL EMPLOYER IDENTIFICATION NUMBER AND/OR FEDERAL SOCIAL SECURITY NUMBER.
All invoices or New York State standard vouchem submitted for payment for the sale of goods or services or the lease of real
or pemonal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor'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 numJ3er or numbers, the payee, on his invoice or New York State standard voucher, must give the ·
mason or reasons why the payee does not have such number or numbers.
(b) PRIVACY NOTIFICATION.
(1) The authority to request the above pemonal information from a seller of goods or sen/ices or a lessor of mai or personal
properb/, and the authorityto maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by
the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to
identify individuals, businesses and othem who have been delinquent in filing tax returns or may have understated their tax liabilities
and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information
will be used for tax administration purposes and for any other purpose author'~ed by law.
(2) The pemonal information is requested by the purchasing unit of the agency contracting to purchase the goods or
services or lease the real or pemonal property covered bythis contract or lease. The information is maintained in New York State's
Central Accounting System by the Director of State Accounts, Office of the State Comptroller, AESOB, Albany, New York 12236.
12. I~QUAL EMPLOYMENT OPPORTUNmES 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, major repair or
renovation of mai property and improvements thereon for such project, then:
(a) The contractor will not discriminate against employees or applicants for employment because of race,
creed, color, national origin, sex, age, disability or marital status, and will undertake or 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 recruitment, 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 colkictive bargaining or other agreement
or under-standing, to furnish 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, disability 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 "vVork') except where the
Work is for the beneficial use of the Contractor. Section 312 doss 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
opportunity which effectuates the purpose of his 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 of a conflict between the terms of the contract (including any and all attachments
thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control.
14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal
supremacy clause requires otherwise.
15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for le:te payment shall be govemed by
Article XI-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 court of corr~etent 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, return receipt requested. Service
hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United
States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of
address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will
have thirty (30) calendar days after service hereunder is complete in which to respond.
18. PROHIBmON ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood
products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of the
State Finance Law Article 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 corporation. Qualifications
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 Article 165 State Finance
Law. Any such use must meat with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder
certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State.
3
19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MecBride 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 PROCURMENT 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 in the availability of New York State subcontractors and suppliers is available from
NYS Empire State Development
Minority & Women Owned Business Development
One Commeme Plaza
Albany, New York 12245
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 then $1 million:
(a) The Contractor has made reasonable efforts to encourage the participation of New York State
Business Enterprises as suppliers and subcontractor, including certified minority and women-owned
business enterprises, on this project, and has retained the documentation of these efforts to be provided
upon request to the State;
(b) The Contractor has complied with the Federal Equal Opportunity ACt of 1972 _P.L. 92-261 ), as
amended;
(c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents
of employment 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
countries 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 in a state that penalizes New York State vendors, and if the goods or services that they offer will be substantially produced or
performed outside New York State, the Omnibus Procurement Act 1994 amendments (Chapter 684, Laws of 1994) require that they
be denied contracts which they would otherwise obtain. NOTE: South Carolina, Alaska, West Virginia, Montana, Wyoming,
Louisiana and Hawaii were the states subject to this provision as of October, 1998. Contact NYS Empire State Development for a
current list of states subject to this provision.
October, 1998
4
1998-1999 BUDGET (Round III)
Town of Southold, Suffolk County
Raphael Vineyards
Main Road
Peconic, New York
SCTM# 085-03-011.1
Approximately 43.6 acres
Development Rights Purchased in March, 1999
Purchase Price of Development Values 336,100
Appraisal $ 2,500
Title Insurance $ 1,000
Town Attorney Fees $ 1,000
Total Costs $ 340,600
S. Kaloski Estate
Alvah's Lane
Cutchogue, New York
SCTM# 102-04-006.1 and 109-01-024.1
Approximately 57 acres
Development Rights Purchased in February, 1999
Purchase.Price of Development Values 517,275
Appraisal $ 2,500
Title Insurance $ 1,000
Town Attorney Fees $ 1~000
Total Costs $ 521,775
Payment for Development Rights and associated costs on Raphael Vineyards and
Kalsoki Estate: Total Costs $ 862,375
State of New York $ 500,000 (58%)
**Federal, USDA $ 155,000 (18%)
Town of Southold $ 207,375 (24%)
**The Federal funding can only be used for the purchase of development rights on the
Raphael Vineyard Farm. This farm was part of the application package for FY 1997/98
(Round II) funding.
George E. Pataki
Governor
STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MAPJ(ETS
Donald R. Davidnen, D.V.M.
Commissioner
December 30, 1998
Ms. Jean Cochran, Supervisor
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Dear Supervisor Cochran:
I am very pleased to inform you that the Department of Agriculture and Markets has
awarded the Town of Southold the sum of $500,000 to assist the Town in its farmland
preservation efforts. These funds may be used to purchase development dghts or conservation
easements on any of the properties you submitted for consideration under your Agricultural and
Farmland Protection Implementation Grants application.
Before the state funds can be provided for the purchase of easements or development
rights on any of the approved properties, it will first be necessary to develop a contract between
the Department and Town. This contract must contain, at least, an agreed upon plan of work
and budget. Project expenditures which occur prior to the approval of the contract by the State
Comptroller might not be reimbursed. Therefore, we strongly advise that you not incur any
expenditures for which state reimbursement will be sought until the contract is approved.
In order to facilitate the timely development of a contract, I am requesting that you
identify the principal contact person with whom you would like us to work. Please provide this
information to Robert Somers who heads our Agdcuitural Protection Unit. He may he reached
by phone at 518-457-2713, by fax at 518-457-2716, or by mail in care of the Department's main
offices located at I Winners Circle, Albany, New York 12235-0001.
The Department looks forward to working with you in preserving your valuable farmland
resources for agricultural production purposes now and in the future.
Commissioner
DRD/bas
Richard Ryan, Chairman of Town Land Preservation Committee
Ken Schmitt, Chair, AFPB
~awdltrl I Winners Circle 4, Albany, New Yor~ 12235 4, Phone: (518)457-4188 4,Fax: (S18) 457-3087
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765~1823
Telephone (516) 765-1800
LAND PRESERVATION CO1W3ii'Fi'EE
TOWN OF SOUTHOLD
Proiect Title: Purchase of Development Rights of selected farmlands within the Town of
Southold.
Applicant: Town of Southold, Suffolk County, NY
By: Jean W. Cochran, Supervisor, Town of Southold
Richard C. Ryan, Chairman, Town of Southold Land Preservation Comm.
Address & Tel.#: Town Hall, 53095 Main Road
PO Box 1179, Southold, NY 11971
Tel. (516) 765-1801
Fax (516) 765- 1823
Amount Requested: Maximum available. Town funds presently available (via bonding)
approximate $2 Million.
Duration of Project: Commence July 1, 1998
End (approx.) October, 1999
LAND PRESERVATION COMiVtt'~-I'~:E
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Proiect Summar~
The Town of Southold proposes a cooperative effort under terms of the 1996 Clean
Water/Clean Air Bond Act and the 1993 Environmental Protection Fund for Agricultural and
Farmland Protection Implementation Projects, to acquire the development rights to agricultural
prope~ies. Said properties, which have been submitted by their owners to the Land Preservation
Committee (LPC) of the Town of Southold for sale of such rights to the Town. The common
characteristics of these properties and the community in which they are situated are described
below. The plan under which the Town proposes to utilize its own, and other public funds, has
been reviewed and approved by the Suffolk County Farmland Protection Board, as required (see
Attachment "C").
Agriculture in the Town of Southoid: The Town of Southold has been a farming community
since it's founding over 350 years ago. The ensuing years have seen many changes, most
noticeably population increases and the encroachment of home building since the early 1950's.
The Town is located about 100 miles from the center of the New York metropolitan area and is
adjacent to the Long Island suburbs of New York City. This suburban population, nearing 3
Million, has been expanding eastward and has developed most of the farmlands of western
Suffolk County and continued expansion into the eastern extremity as well. Agricultural products
are shipped to these populated areas from Southold Town, as well as to other New England
locations. A significant amount of farm produce is retailed from farm stands to local residents
and tourists frequenting the Town. A large and thriving agricultural community exists in the
Town, but its long-term viability remains threatened by pressures of land development.
The Town comprises an area of about 54 square miles, from Peconic Bay to Long Island
Sound, and contains nearly 10,000 acres of agricultural land. The Town is part of Suffolk County
Agricultural District No. 1, which encompasses about 5900 acres within town-boundaries. An
infrastructure is in place in eastern Suffolk County, to support agricultural enterprises. Offices of
the Farm Bureau, Cornell Cooperative Extension, farm credit agencies and farm equipment and
supply dealers are in close proximity. Agricultural practices are ever evolving, with wine grapes,
vegetables, nursery and greenhouse stock, and sod becoming production leaders.
Current statistics indicate the following agricultural acreage and respective use, within
the Town of Southold:
1973 acres: vegetables and fruits
1418 acres: vineyards
986 acres: potatoes
811 acres: fallowiands
637 acres: nursery and trees
547 acres: sod
376 acres: hay, rye and other grains
158 acres: greenhouse uses
145 acres: orchard
12 acres: nasture
7,063 acres - Total
Plan of Work
Planning Document: Recognizing the inexorable encroachment of development on farmland,
and its attendant degradation to a rural character and sense of place, the Town Board has pursued
a vigorous program of Agricultural Lands Preservation. Local Law first established the current
LPC in 1983. The tasks and goals of the Committee are spelled out in Chapter 25 - Agricultural
Lands Preservation, of the Town Code (see Attachment "A"). Selection of candidate farmland
parcels for preservation is performed in accordance with Chapter 25 and a set of criteria
established by the LPC (see Attachmem "B"). These factors meet the qualifying thresholds of
Section 325 of the New York State Agriculture.and Markets Law. Additionally, the Town Code
details prohibitions and restrictions on use and/or alienation of thereby-preserved agricultural
lands.
Prior Activity: In 1983,1987, 1991 and 1994, the Town of Southold voters approved bond
issues, each for $1.75 Million and again in 1996 and 1997, each for $2. Million, to acquire
farmland development rights in order to preserve important agricultural lands and the farming
economy within the Town. Thusly represented ($1L M'dlion) is the serious and dedicated
commitment of the community to its quality of life.
Present Proiect: The commitmem continues. The remaining available funds of the above-noted
approved bond referendums (approximately $2. Million) will be applied to the costs of
purchasing the project parcels herein listed.
Further, the Town is working closely with third-party land trusts, in certain
instances, where other forms of easement and fee acquisition enhance the development rights
purchase. Additionally, the Town Board is joining in partnership with Suffolk County, to joimly
share acquisition costs for certain projects deemed worthy of preservation. These approaches
effectively "leverage" more agricultural lands imo preservation, at less cost to all partners
(basically, the approach represented in this application).
The ongoing program will be conducted much in the same manner as in the
past. As will be shown herein, farmland-owner applications are in hand, which exceed the level
of town funding presently available, if all were purchased. Additional applications are always
forthcoming. It is expected this pattern will continue and may accelerate dependent upon
economic influences, public awareness and funding. The LPC would also like to commence an
out-reach, initiating a solicitation of owner-applications from selected priority areas ofimpottant
agricultural lands in the Town.
Timetable: Purchase Contract executions are a responsibilky of legal counsel to the respective
parties. Evaluations and appraisal reviews are an initial task of the LPC, thereafter approved by
by the Town Board and subject to a public hearing. Based on past experience, the funding
currently available (as supplemented by any grant award resulting from this application) is
expected to be disbursed or contractually obligated by October, 1999.
Deliverables
The Town of Southold is ready to participate in this program with the State of New York
Depamnent of Agriculture and Markets. The Town enjoys a history of successful, committed
protection of its agricultural resources through purchase of development fights. The above-
referenced project parcels attest to the fact there are willing farmland owners ready to sell such
fights to the Town. Some of these project parcel owners may ultimately choose not to sell,
however experience has shown that most purchases are accomplished, when pursued with
concerted effort. Generally, the development rights are now within a cost range of $7,000. to
$9,000. per acre, with the preponderance tilted towards the higher end of the range, reflecting the
now-inflationary influences of the development/agricultural land market in the Town.
Key Personnel
The process of review, recommendation, negotiation and contract/closing, involves the Town
Board, the Town Attorney, and the members of the LPC, specifically:
Chairman: Richard C. Ryan~ P.L.S.; Licensed real estate broker; Real Estate Officer
0NYSDOT/DEC), retired.
Members: James Pirn, P.E.; Suffolk County Department of Health Services (water quality)
Noreen McKenna, Coop. Ed. Coord. - Southampton College; farmer.
Thomas Madigan, Advertising/Media executive, retired.
Fred Lee, member - Cornell Coop. Extension Agricultural Program Advisory
Committee; farmer.
Michael Croteau, Graphic Designer, farmer.
Joseph Krukoski, member - Suffolk County Farm Select Committee; farmer.
Budget
Approximately $2. Million remains available in Town bond funds, for application to the
acquisition costs associated with the above-referenced project parcels. Normal overhead
expenses and ordinary soft costs, are anticipated as additions to the actual costs o£ development
rights purchase.
Present Status:
A. Outstanding Offer-Applications: All project parcels herein listed have
landowner applications for development rights purchase, currently submitted to the LPC. These
applications represent approximately 340 acres of productive farmland, having estimated
development rights purchase-costs in excess of $2.6. Million.
B. Work in Progress: The above-referenced applications are in the process of
review and evaluation by the LPC. Acceptance of development rights purchase offers and further
contract negotiations, for some are noted.
C. Brief description and Status of Project Parcels (in priority order), individual
maps for each project are attached (Attachment "D"):
rL W. Ruland. Main Road, Mattituck; SCTIvI~ 115-02-002.1 & 003 and 107-1 t-010.
66.5 acres of vegetables and hay; i~ Ag. Dist.; Purchase Contract to be executed. Estimated cost
= $465,500.
g. W. Ackermann. Middle Road, Cutchogue; SCTM# 101-02-004 and 108-03-007.
59 acres of grapes; in Ag. Dist.; Purchase Contract to be executed. Estimated cost = $335,600.
3'2 Raphael Vineyards. Main Road, Peconic; SCTM# 085-03-01 i. 1.45 acres of grapes;
Purchase Contract to be executed. Estimated cost = $346,500.
4'. R. VanNostrand. King Street, Orient; SCTM# 025-I 1-004.13.6 acres of vegetables;
in Ag. Dist.; Partnership project with Pecunic Land Trust and Suffolk County; Purchase Contract
to be executed; Estimated cost = $117,000.
5. F. Lappe. Main Road, Southold; SCTM# 075-06-011 and 075-07-003.42.4 acres of
potatoes and vegetables; in Ag. Dist.; under appraisal review. Estimated cost = $360,000.
~. S. Kaioski Est. Alvah's Lane, Cutchogue; SCTI~ 102-04-006.1 and 109-01-024.1.
56 acres of potatoes and vegetables; in Ag. Dist.; under appraisal review. Estimated cost =
$500,000.
T. lt. Rutkowski. Main Road, Mattituck; SCTI~ 108-01-002 and 115-02-010.26 acres
of potatoes and vegetables; in Ag. District; under appraisal review; Estimated cost = $ 210,000.
8. 3[. Cherepowich. Main Road, East Marion; SCTM# 038-01-001.3.33 acres of
Vegetables; in Ag. Dist.; Proposed partnership with Peconic Land trust and Suffolk County;
under evaluation by LPC. Estimated cost = $260,000.
Other applications before the LPC, are not here-listed for reasons of current priority and funding
considerations.
Easements: the Town of Southold holds the development rights, in a dedicated fashion and in
perpetuity. This fact is reflected in the title retained by the underlying fee owner of the preserved
agricultural lands. Any proposed alteration in the terms of the town-held easement requires a
public heating, prior to adoption. The management/monitoring of the terms of each easement, is
currently a task of the LPC.
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED 8Y THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING
HELD ON MAY 12. 1998:
RESOLVED
authorizes the
that the Town Board of the Town of $outhold hereby
submission of a proposal to the New York State Department
of Agriculture and Markets. whereby the Town of Southold proposes a
cooperative effort to acquire the development rights to agricultural
properties which have been submitted by their owners to the Land
Preservation Committee of the Town of Southold for sale of such rights to
the Town.
Southold Town Clerk
May 12. 1998
- ' g'lR¥-'k:~3-19c38 08:55
EL~FOLKCO. PLAHMINGDEPT
516 L~3 484,4
Suffolk County Agricultural and Farmland Protection Board
C/o Comell Cooperative Extension. Suffolk COunty
246 Gr/ffmg Avenue, Riverhead. NY 11901-3086
May 28, 1998.
Marjoric Bra~ue, Director
D/vision of Fiscal Manascmant
NYS Dept. Of Agriculture and Markt~
1 Winners Circle
Albany, New York 12235
Dear Ms. Brague:
Thc Suffolk County Agricultural and Farmland Protection Board met on May 28, 1998 to review
progo~ls for matching State funds for. the Suffolk County Agriculture and Farmland Program
and to review proposals from local municipalities for State funds for their programs.
The Town of Southold application was considered. Southold has a proven record of farmland
development rights acquisition.
The Suffolk County Agriculu.u'al and Farmland ProW. etlon Board voted to ~ndorse the Town's
~ant application at its May 28, 1998 m~ting.
One parcel that appea~s on both the County list and the Town list is thc Van Nostrand farm, The
reason for it to appear on both lists is that this gives us the potential to do a joint purchase as part
ora partnership program the County has recently instituted.
Sincerely,
Kemmth Schtnitt
Suffolk County Agricultural and Farmland Protection Board
APPENDIX D
GENERAL CONDITIONS FOR
AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION
AGREEMENTS
New York State Department of Agriculture and Markets
These general conditions apply to the administrative aspects of the
Grant Agreement and reflect New York State's contract recordkeeping and
payment procedures. These general conditions cannot be changed.
PAYMENT
Payment of state funds shall be made to the Contractor after approval of
this Agreement by the State Comptroller, upon the submission of a payment
request (Standard Voucher), an executed purchase agreement with the
landowner, a budget report detailing the Contractor's match, two copies of the
approved appraisal, the required title policy, a copy of all subordination
agreements, an approved easement or purchase of development rights, a
monitoring plan, and any agreement between the Contractor and another to
hold or maintain the interest in real property.
The Contractor shall submit all requests for payment, reports and
supporting documents to the following addresS: NYS Department of Agriculture
and Markets, Division of Fiscal Management, I Winner's Circle, Albany, NY
12235. Invoices, standard vouchers and any reports will not be considered
received by the Department and any interest which may be due the Contractor
will not begin to accrue until they have been received by the Division of Fiscal
Management.
Payment to the Contractor under this Agreement shall not be made
unless the Contractor shall have submitted to the Department a written payment
request together with such information as required by the Agreement. Payment
shall not be due until the 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.
TITLE
The Contractor shall ensure that the title to the lands or interests therein
shall be unencumbered or, if encumbered by outstanding or reserved interests,
the Contractor shall ensure that such encumbrance shall not interfere with the
agricultural and farmland protection purpose for which the interest therein is
being acquired. The Contractor shall provide a title policy and title insurance,
at a minimum, for the State's share of the interest in real property being
obtained. In the event of a failure of title, the Contractor will use the title
insurance proceeds towards the pumhase of an interest in another approved
parcel contained in Appendix C or reimburse the Department for the amount of
State funds paid.
EASEMENT REQUIREMENTS
The Contractor shall require that all easements or other interests in land
acquired under this agreement:
1. run with the land in perpetuity;
2. prevent the land from being converted to non-agricultural uses;
3. require that all amendments to the approved easement be authorized
by the Department;
APPROVED APPRAISALS, AGREEMENTS AND MONITORING PLANS
The Contractor shall submit an appraisal by a New York State Certified
General Real Estate Appraiser, the proposed agreements to purchase
development rights or to obtain a conservation easement, the monitoring plan
and any subagreement 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 Department shall review the appraisal to determine its
reasonableness and reserves the right to negotiate the terms and conditions of
the agreements and monitoring plans with the Contractor. The Department
shall advise the Contractor in writing when the appraisal, agreements and
monitoring plans have been approved. No funds available under this Agreement
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shall be disbursed until the Contractor's appraisal, 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 ara 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 payments under this Agreement were or ara expected to be
appropriated to-the Department during the 1999-2000 fiscal year. Payment for
work pursuant to this Agreement which is completed or continued by the
Contractor after the 1999-2000 fiscal year is subject to appropriation of funds
by the Legislature in each subsequent fiscal year.
FINANCIAL LIMIT
The financial limit of State appropriated funds under this Agreement is
Five Hundred Thousand Dollars ($500,{N)0) and the Department shall not be
obligated to make any payment to the Contractor in excess of that amount.
NON-DUPMCATION 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.
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FINAL REPORT
Not later than thirty (30) days from completion of the work under this
Agreement, the Contractor shall file with the Department a final written report
including: a map depicting the location of properties where interests were
purchased; a copy of the recorded easement or purchase of development rights
and any monitoring plans or agreements for another to hold or maintain the
interest in real property; and a copy of the final budget showing project
expenditures.
RECORDS MAINTENANCE, EXAMINATION AND RETENTION
The Contractor shall maintain records and accounts in specific detail to
identify all contract funds received and expended under this Agreement. The
Contractor shall maintain a daily written record which contains the name(s) of
the officer(s) and employee(s) providing services under this Agreement and the
amount of time expended upon such services.
The Contractor shall maintain the records required under this paragraph
as set forth in Appendix A to this Agreement.
INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the State of New
York and the Department from all liability incurred by the Department for bodily
injury and personal property damages resulting from the negligent acts, errors or
omissions of the Contractor, its officers, agents or employees in the provision of
services under this Agreement, provided that the Department promptly notifies
the Contractor of any such claim and affords the Contractor an opportunity to
defend such claim and cooperates fully with the Contractor in the defense of
any claims.
MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE
For this Agreement the Department has established the following goals:
Minority business enterprises 1%
Women owned business enterprises 1%
4
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
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.
5
NECESSARY SIGNATURES
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.
6