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Home My WebLink AboutFPIG –C800021-Blum;Schreiber STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS George E.Pataki Governor Nathan L.Rudgers April 2, 2001 Commissioner Ms. Jean Cochran, Supervisor Town of Southold Town Hall, 53095 Route 25 Southold,New York 11971-0959 Dear Ms. Cochran: I am very pleased to inform you that the Department of Agriculture and Markets has awarded the Town of Southold the sum of $600,000 to assist the Town in its farm land preservation efforts. Based Capon your hY2000/2001 Agricultural and Farmland Protection Implementation Grants aplification, the Department has provided enough matching funds to purchase the developinent rights ora arty of the severs lusted parcels. Before State funds can be provided for the purchase of"easements or developmentrights ora any of the approved properties, it will first be necessary to develop a contract between the Dep,ulrnent and the 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, rnight 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. In order to Facilitate the timely development of a contract, I am requesting that you identify the principal contact person with whorls you would like us to work. Please provide this information to Ken Grudens, the Department's Farmland Protection Program Manager. He may be 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 1 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. Sincerely, J L NATHAN L. RUDGERS Commissioner of Agriculture and Markets of the State of New York cc: Kenneth Schmitt, Chair, Suffolk County AFPB Melissa Spiro, Land Preservation Coordinator R - 9 2001 1 Winners Circle ♦Albany, NewYork12235 ♦Phone: (518)457-8876 ♦ F (518)457-30ffpT,OF LAND Co` printed on recycled paper PRESCRyAjION O _ . o REMITTANCE ADVIICE for CHECK NO. 6452 825 NOTICE: To _..__mw... ]e....traan4 any one of yoUr NYS pe�rnwen# Visit httPS'll w+ e^N so �7��p u _Y.,— w_.__" �"�m �sr roc A�rrovwb e Cro f�� d� "I (/AA b7t r� _ .. 000 roMrNtonoo information on I�M�+ u4r Pig V"r�uclr€�r No ,�, .0 ! gray C ax �uc9 C scNi�rroM�aav _. __... �4 a^674 659 �� Ft ' HKT$ 6593 0,800 21 f 5 . j9r { w �r w " � - � 176 I��•u ��.-.w.... .._.�_.�..�.- DET-AZH HERE . PLEASE CASH WITHIN AY MELISSA A. SPIRO Town Hall, 53095 State Route 25 LAND PRESERVATION COORDINATOR P.O.Box 1179 Southold,New York 11971-0959 0-1 Telephone(631) 765-5711 Fax(631) 765-1366 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD February 25, 2003 Ken Grudens Farmland Protection Program Manager NYS Department of Agriculture and Markets 1 Winners Circle Albany,New York 12235 RE: Town of Southold Contract Number C800021 ($600,000) Dear Mr. Grudens: Enclosed please find the following in regard to the Town of Southold's request for payment: ➢ Robert Schreiber SCTM# 1000-95-1-4 • State Aid Voucher • Budget report • Executed purchase agreement • Two copies of appraisal dated 10/2/01 • Title policy • Deed of Development Rights • Southold Town's Monitoring Plan • NYS Dept. of Agriculture and Markets Waiver ➢ Reynold Blum SCTM# 1000-75-5-1 • State Aid Voucher • Budget report. • Executed purchase agreement. • Two copies of appraisal dated 10/31/00. • Title policy • Deed of Development Rights • Southold Town's Monitoring Plan • NYS Dept. of Agriculture and Markets Waiver Town of Southold Contract Number C800021 ($600,000) February 25,2003 Page 2 The contract term expires 3/31/03. Please advise if I should request an extension. Please feel free to call me if you have any questions regarding the enclosed information. S n r�ca��el , Mclissa Spiro Land Preservation Coordinator Encl. ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR,OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER �� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER 4� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net �. X OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 253 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 22, 2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Horton to execute an arnendinexit to the Agricultural and Farmland Protection Implementation Grant Contract C800021. This amendment will extend the contract period from 3/31/03 through 12/31/03. Elizabeth A. Neville Southold Town Clerk AGREEMENT New York State Department of Agriculture and Markexs Contract Number: C800021 I Winners Circle Albany, NY 12235-0001 Amount of Agreement: $600,000 Agency Code 06000 AGRICULTURAL AND FARMLAND PROTECTION Contract Period: 4/2/01 to 12/31/03 IMPLEMENTATION GRANT STATUTORY AUTHORITY: Agriculture and Markets Law Municipal Code: 47 03 7900 0 Article 25AAA Contractor Name/Project Sponsor: Town of Southold Street: 53095 Route 25 City: Southold State: NY Zip: 11971 Billing Address (if different from above): Street: City: State: Zip: Title/Description of Project:Town of Southold Agricultural & Farmland Protection Implementation Grant THIS AGREEMENT INCLUDES THE FOLLOWING: FOR AMENDMENTS CHECK THOSE THAT APPLY: This Coversheet Additional Work If Increase/Decrease in Amount: ❑Appendix A(Standard Clauses for all New York State N Extension of Time Contracts) From 3/31/03 to 12/31/03 Previous Amount: $ Appendix B (Project Budget) ❑ Increase Amount Increase/decrease ❑Appendix C (Award letter(s) &a portion of Applicant's proposal) ❑ Decrease Amount New Total: $ ❑Appendix D (The Department's General Conditions) ❑ Revised Budget ❑Appendix E (The Department's Special Conditions) ❑ Revised Scope of Work ❑Appendix F- Other(Identify) ❑Other The Contractor and the Department agree to be bound by the terms and conditions contained in this Agreement CONTRACTOR NYS DEPARTMENT OF AGRICULTURE & MARKETS Signat e of Contra r°s Au Norized Representative: Signature of Authorized Official: 10 Date: +? r'�I 23„mm 2003 Date: ° Typed or Printed Name of Above Representative: Typed or Printed Name of Above Official: Joshua Y. Horton Title of Authorized Representative: Title of Authorized Official Supervisor, Town of Southold Notar Public Onis day before me personally appeared State Agency Certification: In addition to the acceptance ....... ,to me known, and of this contract, I also certify tha �160a1�m,00pis of this known to me to be the same person who executed the above signature page ”" e-att ex ct copies instrument and duly acknowledge the executin of the same. of this contract. iJl� NOTARY PUBLIC Mete of New York _ pp No.01I� �tta370 Attorney General: Gaerpe low On Approved: Alan I levesi om�ro e� v Commission )iree September M3f 1 By: �� Sl a1,0 a, ELIZABETH A. NEVILLE fit,! " �� '"� Town Hall, 53095 Main Road TOWN CLERK F 5� P.O. Box 1179 Southold New York 11971 REGISTRAR OF VITAL STATISTICS ' MARRIAGE OFFICER Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER �� ` i�' Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER" OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 382 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 22, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute New York State Agriculture and, Markets Contract C800021 in connection with the Agricultural and Farmland Protection Implementation Grant in the amount of$600,000 for the term April 2, 2001 through March 31, 2003. All in accordance with the approval of the Town Attorney. a?&467'2?� Elizabeth A. Neville Southold Town Clerk Nm„ E MAY 2 5 20M DEPT,OF LAND PRr-..SERATION AGREEMENT New York State Department of Agriculture and Markets Contract Number: C800021 Winners Circle Albany, NY 12235-0001 Agency Code 06000 Amount of Agreement: $600,000 AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION GRANT Contract Period: 4/2/01 t0 3/31/03 STATUTORY AUTHORITY:Agriculture and Markets Law Municipal Code: 47 03 7900 0 Article 25AAA Contractor Name/Project Sponsor: Town of Southold Street: 53095 Route 25 City: Southold State: NY Zip: 1.1971-0959 Billing Address(if different from above): Street: City: State: Zip: Title/Description of Project: Town of Southold Agricultural & Farmland Implementation Grant THIS AGREEMENT INCLUDES THE FOLLOWING: FOR AMENDMENTS CHECK THOSE THAT APPLY: This Covershet ❑Additional Work If Increase/Decrease in Amount: Appendix A(Standard Clauses for all New York State 0� Extension of Time Contracts) From to Previous Amount: $ Appendix B(Project Budget) ❑ Increase Amount Increase/decrease Appendix C(Award letter(s) &a portion of Applicant's proposal) ❑ Decrease Amount New Total: $ Appendix D(The Department's General Conditions) ❑ Revised Budget ❑Appendix E(Federal Conditions) ❑ Revised Scope of Work ❑,Appendix F-Cooperative Agreement 73-2C31-8440 ❑ Other The Contractor and the Department agree to be bound by the terms and conditions contained in this Agreement CONTRACTOR NYS DEPARTMENT OF AGRICULTURE & MARKETS g p � ` „ �Si eture of Authorized Official: Signature of Contractor's Authorized Representative,; V 1/14611 1�t r.r Date: Date: '-. Typed or Printed Name of Above Representative: I ped"or Printeel Name of Above Official: ''` Ruth A. Moore Irs e - yCommissioner Title of Authorized Representative: Title of Authorized Official N ary Public On this day before me personally appeared State Agency Certification: In addition to the acceptance V t to me known, and of this contract, I also certify that original copies of 101 known to me to be the same person who executed the above signature page will be attached to all ottIr," 6q p01 ies instrument and duly acknowledged the execution of the same. of this contract. � BARBARA ANN RUDDER Attorney General- Office of the State Comptrol r: No.48,65805 Qualified In Suflolk County . rrrnllunExpires April XII1 6. /I APPEM=A reason of nice,=4 color, ST (nt)difctintuaam in.hiring anyNow"y'rsrlt State dlizeet who NEW YORK ST,&7ZCONMACM is rlunalifiad and availidala to Vadjurn tha wwaar or(b)diminiftiale,, ag hen or imialidatle any crailloyac hired for the p"fovam=of a a:t oounaat Con h"a attlzleca tta of ytl illi "The pardazi to the attached coulnuct, 11clansaj lasse, Per pa"on per day lhr any Violation of S=Ziaa=-a to Scatka arisindenaut or other'agressmaut of My kind (AmmiaMAXE. 41113 239 es'wc1f as pa slbles taerroinadan 0 this coaftnat and lbrMare contract' or"this coatiace)agree to be bound by the fbllowing of an mono"due hercumixrlbrasacaond orseditequentvioiadon. ciannics which am hemby sanda a part of the coMMI(ft Wild herein mfc= to lary Party other than. the State. 6. HAGH_&HaBMMA22MM9= whadalara or my o S a building party). e amployeali nor the cmployoas off oubtmatmatots way be requited 1. _.aUDrI _Ai. in acconbleas wft Section 41 of ft ar parmitted to wask nnary than the number of'hoara Or d'at'a sbeted State pleartem Law, the State ahatill heave no Ha under ' in.snld =.dpt pt as notexwiso mid 'hat die Labor IA'w amt contract to the Contractor or to anyone also beyond flrmds as°set fbids is prig vap and sp1icanind:sabodalea iswrd by appropristmd and le forthis con4wL the State Lidior Dapartranot. Contractor and ift miticantracturs meat Y at least the prmaing,vaW ratto mad pay 2. Cy .. �S C.tel: In,accordance with Section or provide the polvailbaff,MphisocaM Including 138 ofdne Slaw tri aamo LAur,this caaaalarr aaaay tntir tea caner 1nl" pay. a State ttlta chatrackv or its righr, Stria or slonrast diarain assigned, Divartracutiziacculdiesm widt the Labor Law. u=fvrred conveyed', suhlw or otbarwiso disposed of wlrbtaut the previous 'consent, in writhaff, of the State and any.aiaxpta in assigncz wilhoult Ilic Stews wiltual conscantain mill and aru^r.trr to with Se tions 139»4 of tlaa Stara 15101040 Law,if voicL Me Contractor may,hawmer, assign its d curet ens awaaled based upon the an an of bdd% pisyment without thin Staw's prior written consent unlaiis this Caaou ctor warrens, under paualty of pt(Juay, "that its blot was co>ittaax wncems Ccidaataata of Pardcilmdoe pu want to Article arrived at,inde pandent(y and wdlhout collusion rtiraed at msoduting 5-A of 'S Pi • w as laatltlon. CArt ara<aw firriber wamuta tbar; at tlao limb contractor flulaniltod its bid,an authorized and rasp mttriblo Feriae 3, jffRD a.AXM6A, IT,ALOrdailen witti 9 tithe S a bidding 112 ref thn State latiraraaa=t atw(or,if 1111th is iS a ehAM Lkhm sity or Catty Uuivcmity ofNow Yaidt,Section 3W or Session 6218 of the Education Laws If this comhazS emcends$15,000(or S. #� �a .��'� �� r the ininhourn.thresholds agroad,tu by the Office of the State a=ordaancta with Sadjuat 22Wf of tiro Labor Law and Saatltaa 139- Comptroller for certain S.UNX. and C.LLN.Y.'casittactO. or if b of the Suft Finance g taruu,if this coutraat arc aom$3,dlll0,-the this is an amendmant for a so cecizaasror ayes„ as a matwial condltlou of the couhw4 that aarrtaatdad c'rroa rabw.st irf ataetaalraa aiasaataattW an.1A,hay trials cnnttrnast,the ttritber•the Ca ntractnr our soy sahliattpndialty owned or a fllate:al .,.. is S�a ea if)gi�a Smoothing ot�'dtnn Monoy`whou t luo ��oaa, ��tm„ nt�iup or corporation h peal b , rexasaanaa�bly tiaa lded vuhn:ofsanch c sidalti o!�v="da 510,000,- orticipating„ JOIJ pa da"i��Ala am l rawanituaal ba�utt in it shall aaot tae anolid,m0=14roaa or birartfag capon tho Seen laud it has violation of the iWaaral Saapad Adroisd tttaddnn Act of"1979 (54 been sppinvod by,troch State t'aar rtrta llor sn ti dibr d aha his to la e; 'd7'SCAppi Senations 2401 Or sc t,.)aar atagolntlaaaa tluca , 11"aaic,k Coutrocarac, of any of the Afilivnilid affflanes of cordraCt0e, is with Section 1 12 of•tho Stairs Prana t'M Latw,this _ canvl d- r is iso tua halm^vio s*°lswa m' a tm�0 be teguts3imid-bptaa, 1110,B441 riot nine of the "ffai l States void and of no force and affect unless the Contraamr shall.provide (�orueqcroo D aaroncut or any odi" Capri age O 1110 and maintain aovesage during the life of thda: la nhact for the United, Statrawt subauaaluent 'nes the oaaalracttiaaa nar clon, such benefit of such amployees as are requind to be coverad by the conamot, antcoill'ar.aat or modification theaato ab all bas tembutdprovisions . nfthe Worklars,Compensation law. fbr1Wr and void, "d'baa Contractor shall^rho nodfY the Stale. Componliaar wi ddar five (;) business darya of anch cenviationn, 5m ll�fT t T( In a daeaioe tilstrenimadan ordis+puaidon of appral(21 TL""M 115,4), arwitb Article, 15 Of tite 1 xcranvo r...at^aw(alaaa)lanoaawa i s the kbnulaa Wl#iat Ljw) ;and aadt cthor stare, toad FLdearaal Awatury Owl 11th Stain alrali have aT sits otrmanaat corifidualoual awl.-dia wiraioadea proviadarwrs, this CantrActor will lsawr, aadlaitaablia atnaf ty is oaf s it Those`1 wti rigbtat r the east' allacsanainxata sgoh3st any eaarplopen or applieaat for daaluda;taut act kaa li'uKitoto,tlaa taata"s optica to rsihial'card flit fba anploymaar btxmusrx of t=a, aaa"eed, calor, ar , °g poaa.ltoser of aotroil hart'hal nttiyu alrcra tma that Caap Stain with le taw as ,disability rah^ aaaaribil chains. Fuitherahaarta,Ina a contraaat cap to alnyamonants dao and raaudngn tSa State"arla,entttOr St ciian 22C-o of the Labor Taw, If fbb 1s A hon .for the to tlhia ccai�naor, coy atlnar a rvatla away Stara a3g prior t or ha c ction,alteration.or of y blio b or b agtnaary,ianaludlaagany aeon a taaana is egto the to on or for ma a or distribution tenth oftbia coutraac,plus arty aarorantaa duo curd uw9tng to tdna Shane Work 1lndwas fax qwpxanti'r:or sragapflos,;aid ho alto exa'cat th this c taaet shall lora $1 t any oi3aes" r �wdao r9aadisag rwl zarar u perfotonaced•aawidaln the Stara of New"lark, cora uctur aprea than ddinqucuoica,, td:o tical"uaaluanrcScai or araaaaartary paaasab'w 'chat er noitllor it nor its scalar oaataataatars shall, by sr.a wen of Lance„ =red, therein.7 e Stano ahandl aarerrilil iara scoff dghtas irr aoatadaace, color,diasbfli w„saaawa,or cationat origin. (a)discrindaM In Ndrbigwith nonaaal,Strafe graham incla line;,in cases of ac"trPu aaot agalast any New Yorlr.Staaw Citizen wlto is epuslldlod and awaalabla to an,aiariit,the,tiaalitxntdou of such audit by the Stats ograaay, its to pa^arlbraat the awca 't ar(1a)d1=inrbmf a apinst hit•it dttadilanm anxy^ talar�targtativas,ortlhe Stato Camptro t prolrryea hired for the poxibraillaza.al",�=h tinder this contract° If this la a building sorvict.Maahact as dafi ed in Rection 2.10,of tine 111. ��), "lltea Condaanatan shalt catadalialt stat raaadataatna Labor have, than, inaaacorTlaaaaas.-With Section 730 thaveaf, complains anxi aceaunto books,XMI0114 does arnseats„ accorrots and Connector agrees that neither it nor its subcrawtrartars spall by other awldenca directly pextittwsat to Per ibriance" ce drier,this contract oinvainafler, co0aawively, "1120 Rccaataba). The gtsrotda. ltaast; be kept for the bidnam of dada CAID"dar lir upon it by registered or (a) The r le to the Service hereunder shad be complete upon a l p an of New York Statia.Busmass Entupdaes as suppd reacipt of process or upon the S s receipt of the ratim thereof and subcontractors, atl minority and we==- by the United States Postal Sca:T6 as nAmed or undadverabla owned business en rises,on this project ed the Camtractor must prompidy notify the State,in wdiin&of each and documentation of these affints to be provided upon to tho wary ahamge of address to which s ice of be madia. Store; :• , Service by the Stolz to the last known be C4utmctor will have thirty (30) calendar dop of= service (b) Mw Contractor has complied wiffi the Federal hercundar is complete in which to respami. Opportunity Act of IM(P.L 92-261).as 1s. MO TT10N ON P AqR OF TROPICAL (c) The cammotoragracs to make rasonable affads to provide IiAR.DWOOIIs. Contractor cartifies and wismants that ad ractificadost to New York- State ividdem of employment wood proditats to be used under this otialract award vA be in opportunities on We prOact through Haling any such positions accordance with, but not limited t0. the 4ighcations and Job Sarvica Division ofthis Now Ycot State l3apartmaid provisions of State Roman Law §165. ([Jae of Tmpical of labor, or providling such natifiboadusa in such manner an in ffardwoodg) winch pmWbhs pumbass asad use of trapical consistent with misting collective g contracts or hardwoodsi, unless specifically byor any ageements-The C to these efforts and gov agency or cal subdivision or public betiefit to provide said doomnantation.to the 9 upon and corporation_ QuiiMcadimforno examption.under this law will be the rusponsabIRLY of the to establish to meet With the (d) The Commanor acimawledgmnod Sho may auk to approval ofthe Stam obtain as a result of tbb contract and agrees to cooperate WA the in time affixte. In addition,when any portion of this couttact hivolvtoff the use of woods.whether supply or installation.is tQ be performed by any subcontractar,the primo C in ft 21. R_F.l I3C) ANL)SAN--__ S PROVI31 a-Bithim aubmitted bid proposal that the subcontractor has been h0wimed aro hereby nodflad that if thdir pdncW phm of buidness is and Is in conapdancei with apecifications and provisions regarding 1 iia or political subdivision use of tropical hardwoods as damfled in§165 State Tniffica Low. that pentallms Now Yark Staft vandois, and if flul goods or Any such use mim meet vft the appro.val oftho Statc,otharwhic6 services they offw vifl be suixamitially produced or parlbraind the bid may not be considered responsive. Under bidder outside Now Y the Omnibus PTociarament Act 1994 and witifications, proof of qualificalticat ier exemption will be lite 2000 aniandracrits (Chapter 664 and Clavier 3 ) responsibility of the Contractor to meet with the approval of the require that they be denied con °ch thAY would otherwise Stanis. obtana. Contact the Dapadment of " nfor Small.Business,303 y New 19. MACBRME FAIR M&PLOMOM-PRREMMIIS° In Yodc 12245, for a-currant list of jmdsfflctlws subject to this accordance with the Macilkide, Fee Principles Provision- (Chapter roon.( ter 807 of the Lim of •1992), the Contractor hereby stipulates that the Cc (a)has no business operations „ in.Northern Ireland,or(b)dud take lawfid steps in.good hilb.to conduct any business apaadausia Northima Imland in accordance with the MacBride Fair Principles(M d ad is Revised November 2000 Section 165 of the Now Yaak State Finance Lowl and sW liemak independent monitoring of compliancewith such pdn*fc3. 20. OMMUS FROaMMMU ACT OF 1992°'It is the policy of Now York State to rntkifini;,m rrtrpartuaitim fort,”,patticipation, of Now York Stolz busies s enterprises, including minority and women-owned badness enterptises as bidders,subcontractors and suppHaman its.procurement contracts. loformation on the availability of Now Yadc Ststa subcontractors and suppliers is available Department of Economic Development Division for Small Business 30 South Pearl Street Albany,Now Yadc 12245 TeL 518-292-5220 A directory of-cartified minority and women-owned business eaterprises is available fivoir- Department ofEconomic Development Minority and Women's Business Development Division 30 South Pead Street Albamy,New York 12245 httpdhvww.cmph ►r ny us The Omnibus Fmcurement Act o£1992 requires that by signing this bid proposal or contract.as app` l%Co tors cw*dud whenever the total bid amount is givirlar than$1 o n- pp"14 B Farmland Protection Implementation Grant Budget Town of Southold PROJECTC T Estimated i 775,000 Administrative Costs $ Administrative Costs (in-kind) 25,000 Incl. implementation, staff time legal review, and closings, etc. Total Project Costs 800,000 FUNDING SOURCES„ Local Match Funding Town/County Funds 175,000 In-Kind 25,000 Subtotal 200,000 % of total project costs 25% State Funding State Funding 600,000 % of total project costs above 75% (not to exceed 75%) STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS George E.Pataki Nathan L.Rudgers Governor April 2,2001 Commissioner Ms. Jean Cochran, Supervisor Town of Southold Town Hall, 53095 Route 25 Southold,New York 11971-0959 Dear Ms. Cochran: I am very pleased to inform you that the Department of Agriculture and Markets has awarded the Town of Southold the sum of$600,000 to assist the Town in its farmland preservation efforts. Based upon your FY2000/2001 Agricultural and Farmland Protection Implementation Grants application, the Department has provided enough matching funds to purchase the development rights on any of the seven listed parcels. Before 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 the 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 expenses 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 Ken Grudens,the Department's Farmland Protection Program Manager. He may be 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 1 Winners Circle,Albany,New York 1223570001. The.Department looks forward to working with you in preserving your valuable farmland resources for agricultural production purposes now and in the future. Sincerely, NATHAN L.RUDGERS Commissioner of Agriculture and Markets of the State of New York cc: Kenneth Schmitt, Chair, Suffolk County AFPB " Melissa Spiro,Land Preservation Coordinator 1 Winners Circle ♦Albany,New York 12235 ♦ Phone:(518)457-8876♦ Fax:(518)457-3087 CA printed on recycled paper FFOt JEAN W. COCHRAN per" � Town Hall, 53095 Route 25 SUPERVISOR P.O. Box 1179 C40 Zt r Southold, New York 11971-0959 Fax(631) 765-1823 Telephone(631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD r ®ect itl�; Purchase of Development Rights of selected farmlands within the Town of Southold. Anr�licar�t: Town of Southold, Suffolk County,NY By: Jean W. Cochran, Southold Town Supervisor Melissa Spiro, Southold Town Land Preservation Coordinator _Addcess Tel,#: Department of Land Preservation Town Hall, 53095 Main Road PO Box 1179, Southold, NY 11971 Tel. (631) 765-5711 or(631) 765-1800 Fax(631) 765-1366 Amount Requested: Maximum available. Town funds presently available approximately $6 Million. Duration of Proiect: Parcels will be selected and contracts closed within 2 years. : Skil l°01 JEAN W. COCHRAN Town Hall, 53095 Route 25 SUPERVISOR - P.O.Box 1179 Southold, New York 11971-0959 Fax(631) 765-1823 � $ Telephone(631) 765-1889' OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD Proiect Summary 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 properties. The properties 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 "X'). Agriculture in the Town of Southold: 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 34,000 acres, from Peconic Bay to Long Island Sound, and contains over 10,200 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. Statistics as of January 2000, indicate the following agricultural acreage and respective use, M, the Town of Southold: - 1820 acres: vegetables and fruits - 1743 acres: vineyards - 856 acres: potatoes - 1503 acres: fallow lands - 763 acres: nursery and trees - 665 acres: sod - 954 acres: hay, rye and other grains - 161 acres: greenhouse uses - 156 acres: pasture 7,495 acres - Total Plan of Work Plannine 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 "B"). Selection of candidate farmland parcels for preservation is performed in accordance with Chapter 25 and a set of criteria established by the LPC (see Attachment "C"). 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, 1997, 1998 and 1999, each for$2. Million, to acquire farmland development rights in order to preserve important agricultural lands and the farming economy, as well as other open spaces within the Town. Additional land protection measures were enacted when the Peconic Bay Region Community Preservation Act was signed into law on June 22, 1998. This legislation created a mechanism whereby the Town was able to establish a preservation fund financed solely by revenues from a real estate transfer tax. Revenues from the Community Preservation Act as of August 2000, total 2 million dollars. Thusly represented $17. Million is the serious and dedicated commitment of the community to its quality of life. Present Project: The commitment continues. The remaining available funds of the above-noted approved bond referendums and the Community Preservation Act (in excess of 6 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 jointly share acquisition costs for certain projects deemed worthy of preservation. These approaches effectively "leverage" more agricultural lands into 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. 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 is also performing out-reach, initiating a solicitation of owner-applications from selected priority areas of important agricultural lands in the Town. P'r'esent Stag's: A. Outstanding Offer-Applications: The majority of the parcels herein listed have landowner applications for development rights purchase currently submitted to the LPC. The parcels that do not have landowner applications are desirable agriculture parcels and are listed on the Town's Community Preservation Project Plan. These applications represent approximately 170 acres of productive farmland; having estimated development rights purchase-costs in excess of 2 Million. B. Work in Progress: The referenced applications are in the process of review, appraisal and evaluation by the LPC. Purchase offers for the development rights and further contract negotiations, are forthcoming. C. Brief description and Status of Project Parcels (in priority order). Individual maps for each project are attached(Attachment "D"): Doroski Family limited Partnership. SCTM# 1000-69-1-9 North side C.R. 48, Southold. 34±acres of potatoes. Estimated cost = $408,000. M. Cullinane. SCIM# 1000-19-1-1.2 Northwest comer Main Road and Narrow River Road, Orient 25±acres of vegetables. Estimated cost= $162,500. IL Schreiber. SCT M# 1000-95-1- North side Oregon Road, Cutchogue, 32±acres of sod and vineyard. Estimated cost= $480,000. IL Jenkins. SCTM# 1000-102-2-2.3 West side Depot Lane, Cutchogue. 17±acres of nursery. Estimated cost= $204,000. IL Blum. SCT MH 1000-75-5-1 West side Peconic.Lane, Peconic 14±acres of vineyard. Estimated cost = $168,000, G. Starkie. SCTM# 1000-96-3-2 Interior parcel west of Cox's Lane, Cutchogue. 18±acres of nursery. Estimated cost = $216,000. J. Scott. SCTM# 1000-102-2-23 North side Main Road, Cutchogue 32±acres of vegetables and pasture. Estimated cost = $394,000. 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 hearing, prior to adoption. The management/monitoring of the terms of each easement is currently a task of the LPC. Timetable: Purchase Contract executions are a responsibility 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 within two years. Deliverables The Town of Southold is ready to participate in this program with the State of New York Department of Agriculture and Markets. The Town enjoys a history,of successful, committed protection of its agricultural resources through purchase of development rights. The above- referenced project parcels attest to the fact there are willing farmland owners ready to sell such rights 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$10,000. to $15,000. 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 Land Preservation Coordinator, the Town Attorney, and the members of the LPC, specifically: Chairman: Richard C. Ryan, P.L.S.; Licensed real estate broker;Real Estate Officer (NYSDOT/DEC), retired. Members: Noreen McKenna, Coop. Ed. Coord. — Southampton College; farmer. Ray Huntington, business administrator, retired. Fred Lee, member- Cornell Coop. Extension Agricultural Program Advisory Committee; farmer. Reed Jarvis, vineyard manager. Joseph Krukoski, member- Suffolk County Farm Select Committee; farmer. Budget Approximately $6. Million remains available in Town 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 of development rights purchase. Suffolk County Agricultural and Farmland Protection Board Vc Cometl Cooperative Emnston - Sufblk County 246 Griffing Avenue. Aiverneao. NY 1190j-3086 August 24, 2000 M.,Oorie Brague,Director Division of Fiscal Management NYS Department OfAgriculture and Markets i Winners Circle Albany, New York 12235 Dear Ms. Brague. The Suffolk Courily Agricultural and Farmland Protection 13oard met on August 24.2000 to review the Countv proposal for rRatching State fiartds,for the Stiffolk Counly Agriculture and Farmland Protection Program and.to review proposals from rhe local rrgraunic:ipalities for State funds for their programs. The Town of Southold's application was considered and the Suffolk County Agricultural and Farmland Protection Board voted to endorse the Town's grant application. The Committee also saw the report titled Southold Town Farre and Farmland Protection Strategy,January 2000. Sincerely, Kenneth Schmitt Chairman Suffolk County Agricultural and Farmland Protection Board ATTACHMENT "A" 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 an appraisal by a New York State Certified General Real Estate Appraiser, 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, 1 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. 1 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 purchase 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 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 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 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. 2 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 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. 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 payments under this Agreement were appropriated to the Department during the 2000 - 2001 fiscal year and were or are expected to be reappropriated during the 2001 — 2002 fiscal year. Payment for work pursuant to this Agreement which is completed or continued by the Contractor after the 2001 - 2002 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 is Six Hundred Thousand Dollars ($600,000) and the Department shall not be obligated to make any payment to the Contractor in excess of that amount. 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. 3 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. FINALT Not later than sixty (60) 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 that 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. 4 MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE For this Agreement the Department has established the following goals,- Minority oals;Minority business enterprises 1% Women owned business enterprises 1% 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 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. 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