HomeMy WebLinkAbout2009-01-22 - TB DRAFT
TOWN OF ULYSSES
SPECIAL TOWN BOARD MEETING
January 22 , 2009
PRESENT : Supervisor Douglas Austic ; Council Elizabeth Thomas, Lucia Tyler, Rod
Ferrentino and David Kerness ; Deputy Supervisor Richard Coogan; Deputy Town Clerk
Patricia Halloran .
Others Present : Scott D . Doyle, Tompkins County Planning Dept. , Rod Hawkes and
John Wertis .
Supervisor Austic called the meeting to order at 7 pm . (No agenda)
Agricultural Purchase of Development Rights : Presentation by Scott D . Doyle, Tompkins
County Planning Department.
Mr. Doyle distributed handouts (copies available in the Clerk ' s Office) . The following is
a review of his presentation:
WHAT IS PURCHASE OF DEVELOPMENT RIGHTS ?
• Landowner voluntarily sells his or her rights to develop a parcel of land
• Landowner retains all other ownership rights
• Results in a conservation easement, which restricts development and IS monitored
annually.
• The buyer purchases the right to develop the land and retires that right
permanently
WHO CAN/HAS PARTICIPATED IN NYS FPIG PROGRAM IN
TOMPKINS COUNTY?
• Open to any farmer- no matter where they live or type of farm operation
• One project on a 440 acre dairy farm in Lansing was completed in 2006
• Currently 2 farms in Dryden and 1 in Lansing are working toward completion
( 1 , 800 acres)
• Town of Ithaca Farms
FUNDING FOR THE FPIG PROGRAM
• State grant for up to 75 % of the project cost (NYS Department of Ag and
Markets)
• Includes survey, appraisal , legal costs, 2007 -08 - -$35 million for 35 farms in 22
counties
• $ 7 . 3 million for the Finger Lakes Region (21 % of total)
• PROPOSED FUTURE BUDGETS - $20 million (2008 -09) $ 17 . 5 million
(2009- 10)
IMPORTANT NOTES ON PAYMENT
Special Town Board Meeting 2
01 /22/2009
• Payment is difference between development value and agricultural value
• Amount is less than development value
• Award amount is subject to capital gains
• Very important to consult tax and legal advisors, and banks
WHAT MAKES A STRONG APPLICATION ?
1 . Likelihood that project will preserve " viable agricultural land "
• Quality of soil
• % of total farm available for ag production
• Level of demonstrated farm management
2 . Long-term potential to remain viable farmland
• Subdivided lots can be an issue
• Farm succession planning
• Local agriculture and farmland protection planning and efforts
3 . Project serves as a buffer for a significant natural resource
• Less important a factor than viable agricultural land
4 . Evidence of Development Pressure
• Cases to be made along corridors
• Development patterns , populations statistics
• Again less important then viable ag land
TECHNICAL RATING (300 TOTAL POINTS)
• Involves conservation easements ( 80pts )
• "Viable Ag Land " (65pts )
• Development Pressure' (25pts )
• Buffer to Natural Public Resource (25 pts )
• Long Term Sustainability (55 pts )
• Cost/Acre (20 pts )
• Local Partners ' Commitment to Farmland Protection ( 30 pts )
WHAT DEFINES A " FARM " FOR THE PDR APPLICATION ?
• Can include your rented land
• Can include land owned by different people
HOW CAN FARMS WITH LAND IN MORE THEN ONE COUNTY
APPLY?
• ONE County applies and coordinates with the other County to hold
the easement
Or
Special Town Board Meeting 3
01 /22/2009
• Two separate applications
PROCESS
PRE-APPLICATION
• Pre-application is typically due in April
• Applications reviewed by Tompkins County Agriculture and Farmland Protection
Board
• Board selects most competitive applications to endorse for the NYS program
APPLICATION
• LOCAL MUNICIPALITY (Town or County) must be sponsor/applicant
• Others may be involved in holding easements or projects management
• Town, County, Land Trust (NY Agriculture Land Trust, Finger Lakes Land Trust)
• Applications typically due in September
AWARD ANNOUNCEMENT AND IMPLEMENTATION
• Once the application is submitted to the State
• 3 -5 months for the award announcement
• Work to complete easement transaction 2 -3 years from announcement (currently
in this process with 3 farms)
OIL AND GAS LEASES
• Leases do not make you ineligible for the program
• The stated preference is that any oil and gas leases be released or subordinated
• If that ' s not possible, landowner assumes responsibility for resolution of any well
site, etc . , if not adequately restored by drilling company
END NOTES
• Long term obligation to easement holders
• Increased competition and reduced funding
• One tool for farmland protection
QUESTIONS ?
For more information contact :
Scott D . Doyle, ACIP
Tompkins County Planning Department
274-5560
sdoyleAtompkins-co . org
Or
Debbie Teeter
Cornell Cooperative Extension of Tompkins County
272 -2292
dlt@cornell . edu
Mr. Doyle also distributed the following literature for more information:
Special Town Board Meeting 4
01/22/2009
,kr 4, ' eN y d ,�' ; > F d f :r Y ar✓ ' � : r '� �� s sa' xa.Fr
> AzA� t ! f "4 aaY +. 3 e " *+EI °' .vw r s .0 nil� k n � e �' ' afat •o x� � �, l .�r ;' • b �f ' E
�F a�r a�n d roue �� toll Y� E ` inTpk ��'
�E Qi t:II i ` m?\ "2 '3 (' f V:. 9 $ S9 �. Y r. ' 9.J I thy 54� .T,.`\u.J'. �,�, �i ,I,� �€ , k F ,o:,.Y"� ,� ; , �, ,'s�'�i i. ,. , � � �,'n�f�, ' ,? Pis4Fz e� e'f�i �+�, ®
Why save farmland?
Less than one- fifth of U . S . land is of high quality agricultural use, and we are losing this
finest land to development at an accelerating rate . U. S . agricultural land provides the
nation-and the world-with an unparalleled abundance of food. But farmland means much
more then food. Well-managed farmland shelters wildlife, supplies scenic open space
and helps filter impurities from our air and water. These working lands help to keep our
taxes down and maintain the legacy of our agricultural heritage.
What does farming look like in Tompkins County ?
Farmland makes up nearly a third of Tompkins County's land area. Agriculture and
agriculture-related enterprises represent a significant share of the rural economy.
Approximately 230 full-time farms contribute $ 50 million annually to the local economy.
Many more people are employed in farm products and supplies . The total value of
farming in Tompkins County may exceed $ 100 million a year. Since 1982 , Tompkins
County has lost over 20% of its farmland to development and abandonment.
How are farmlands protected in Tompkins County ?
I
A variety of tools are used to help support farming in ,Tompkins County including the use
of agricultural districts , agricultural assessment, agricultural zoning, local planning
efforts (including comprehensive planning and right to farm laws) and agricultural
conservation easements . Locally, agricultural conservation easements are funded
through the New York State Department of Agriculture & Markets' Farmland Protection
Implementation Grants Program, as well as through a variety of specialized federal
USDA programs and the Finger Lakes Land Trust.
What is an agricultural conservation easement?
An agricultural conservation easement is a flexible tool designed specifically to protect
farmland. Farmers retain the right to use their land for farming and other purposes that do
not interfere with or reduce agricultural viability. Landowners continue to hold title to
their properties and may restrict public access, sell , give or transfer their property as they
desire . Farmers participating in these agreements also remain eligible for any state or
federal farm program for which they qualified before entering into the conservation
agreement.
Conservation easements limit land to specific uses and thus protect it from development.
These voluntary legal agreements are created between private landowners (grantors) and
qualified land trusts, conservation organizations or government agencies (grantees) .
Landowners can receive federal tax benefits as a result of donating these easements .
Grantees are responsible for monitoring the land and enforcing the terms of the
easements . Most easements are permanent, and all conservation easements legally bind
future landowners . Land protected by conservation easements remains on the tax rolls ,
limits development, and does not affect other private property rights .
What are Purchase of Development Rights programs ?
Purchase of Development Rights (PDR) programs pay property owners to protect their
land from development. PDR is known by a variety of other terms, the most common
being the purchase agricultural conservation easements . Landowners sell agricultural
conservation easements to a government agency or private conservation organization.
The agency or organization usually pays them the difference between the value of the
land for agriculture and the value of the land for its "highest and best use, " which is
generally residential or commercial development . Easement value is most often
determined by professional appraisals .
PDR programs allow farmers to cash in a fair percentage of the equity in their land, thus
creating a financially competitive alternative to selling land for non-agricultural uses .
Permanent easements prevent development that would pave over the land and render it
inaccessible for agriculture . Removing the development potential from farmland
generally reduces its future market value . This may help facilitate farm transfer to the
children of farmers and make the land more affordable to beginning farmers and others
Special Town Board Meeting 5
01 /22/2009
who want to buy it for agricultural purposes . These programs provide landowners with
liquid capital that can enhance the economic viability of individual farming operations
and help family's hold onto the land from generation to generation. Finally, PDR
programs give communities a way to plan for and share the costs of protecting
agricultural land with the local farmers .
New York State's PDR program is called the Farmland Protection Implementation Grants
(FPIG) Program . It is administered through the NYS Department of Agriculture and
Markets, in cooperation with Town and County government sponsors and willing
farmers . It is a very competitive statewide program that typically has one award cycle per
year. The last award cycle resulted in funds being awarded to purchase the development
rights on the Vaughan and Susan Sherman's Jerry Dell Farm . In 2007 , funds were
awarded to Lewis and Linda Stuttle ' s Lew-Lin Farm in Dryden and Charles and Andra
Benson's Bensvue Farm in Lansing. In 2006 , Tompkins County's first agricultural
conservation easement through the FPIG program was finalized on Donald Howser's
Farm in Lansing. This year, applications are due to the State in September, and Work is
already being done to nominate the Sherman Family's Jerry Dell Farm in Dryden for the
FPIG program to continue the success of the agricultural land protection efforts in
Lansing and Dryden.
How do I find out more information about farmland protection and agricultural
conservation easements in Tompkins County?
Tompkins County Farmland Protection efforts are coordinated through Cornell
Cooperative Extension of Tompkins County (CCE) . For more information . on these
efforts contact Debbie Teeter at CCE at 272-2292 or dlt22 @cornell . edu or Scott Doyle
from the Tompkins County Planning Department at 274- 5560 or sdovle@tompkins-
co . org
You can also find out more information on New York State's farmland protection
opportunities by visiting htt ://www . agmkt. state. ny. us/AP/agservices/farmprotect. . . html .
Sources :
Why Save Farmland? (2003 ) . American Farmland Trust - Farmland Information Center.
Website :
htt I : //www. farmiandinfo . or _ .
ustans 1 , . • . : quires ' . . (2000) . Protecting the Land: Conservation Easements
Past, Present, and Future. Washington, D . C . : Island Press .
General Budget Information for Tompkins County
Purchase of Development Rights Program
What are Purchase of Development Rights Programs ?
Purchase of Development Rights (PDR) programs pay property owners to protect their
land from development. PDR is known by a variety of other terms , the most common
being the purchase of agricultural conservation easements . Landowners sell agricultural
conservation easements to a government agency or private conservation organization.
The agency or organization typically pays them the difference between the value of the
land for agriculture and the value of the land for its "highest and best use, " which is
generally residential or commercial development. Easement value is most often
determined by professional appraisals .
PDR programs allow farmers to cash-in a percentage of the equity in their land, thus
creating an alternative to selling land for non-agricultural uses while still preserving the
farm and farmland . Permanent easements prevent non-agricultural development that
would pave over the land and render it inaccessible for agriculture . Removing the
development potential from farmland generally reduces its future market value. This may
help facilitate farm transfer to the children of farmers and make the land more affordable
to beginning farmers and others who want to buy it for agricultural purposes . PDR
programs provide landowners with liquid capital that can enhance the economic vitality
of individual farming operations and help family's hold onto the land from generation to
generation . Finally, PDR programs give communities a way to plan for and share the
costs of protecting important agricultural land with the local farmers .
How much do landowners typically receive from PDR programs ?
The amount of money that landowners receive for selling the development rights through
participating in a PDR program is based on the appraised value of the conservation
easement, the costs associated with obtaining the necessary documents for the transaction
Special Town Board Meeting 6
01 /22/2009
(survey, appraisal, etc . ), the administrative costs accrued by the sponsoring agency, and
the funding structure of the PDR program being used (NYS Farmland Protection Program
reimburses 75 % of total project costs) . Recent experience with the NYS Farmland
Protection Program has shown that agricultural conservation easement values are about
70% of the values of the land at its highest and best use.
Example
a.e ;., st v s yy a a rg 6 `r T 9 ±a,AQ Q + :.�S� w•..�.,,y w '?ke�" S, � .: .'+! wx
Highest and Best Use Value ,
$ 1 , 000;000
Agricultural Value $300 ,000
Agricultural Conservation Easement Value $700, 000
Total Project Cost -
(includes survey, costs , etc. ) $750;000`
Amount to Landowner -$562 ,500
The Board thanked Mr. Doyle for his presentation.
2009 SPCA Dog Contract
The Board had tabled the SPCA Dog Contract at the Regular Town Board meeting to
make changes and updates . The Board discussed all of the changes . Ms . Thomas moved,
seconded by Ms . Tyler to approve the Dog Contract and be sent to Abigail Smith at the
SPCA for approval .
IMPOUNDMENT CONTRACT 2009
Agreement made this first day of January 2009 by and between the Town of Ulysses , 10
Elm Trumansburg, NY 14886, hereinafter called Town of Ulysses , and the Tompkins
County Society for the Prevention of Cruelty to Animals, 1640 Hanshaw Road, Ithaca,
NY 14850, hereinafter called Society.
Witnessed :
1 . The Society is hereby engaged and authorized to act as the impound facility for stray
and at-large dogs as may be found in Town of Ulysses . While these animals are in its
facility, the Society will provide food, water, shelter and other humane animal care
services including necessary and emergency veterinary services up to and including
euthanasia.
2 . Dogs seized within the Town of Ulysses shall be transported by the Town's Dog
Control Officer (DCO) to the Tompkins County SPCA's shelter during the shelter's
regular business hours, or by making arrangements with the Society's Animal Control
Officers (ACO) or Rescue receptionist. Where possible, the Society will direct Ulysses
residents to the Town's DCO, however, when a stray dog is transported directly to the
Society for impound , the Society will accept the dog. The Town's DCO will be notified
and the Town will be responsible for the associated Intake Fee . Non-DCO delivered stray
dogs will be paid for by the Town up to a financial cap of $ 1500 annually. The Society
will provide the Town the name and address of the individual who delivered the stray dog
(s) .
3 . The DCO for the Town of Ulysses shall complete the DL-18 form and supply the
Society with a copy of the form at the time the dog is impounded at the shelter. If a dog is
delivered to Cornell Animal Hospital for emergency attention during the over-night
hours, a copy of the completed DL-18 shall be faxed to the Society the following
morning. The Society shall assign a unique Dog/Shelter ID number for each dog seized
and will provide both the DCO and the Town of Ulysses Clerk with the revised DL- 18
form within 2 business days and upon the dog's final disposition .
4 . Society will hold each stray/at- large do for the required redemption period as
specified in i
in Article 7, Section 118 of the N Y State Agricultural & Markets Law (AML) .
5 . In the event an animal is reclaimed by the owner, all impound fees paid by the owner
will be forwarded to the Town of Ulysses . (If emergency veterinary costs were incurred
by the Town for a dog that is then redeemed, the Town may by law seek reimbursement
from the lawful owner of the dog. ) See #9
Special Town Board Meeting 7
01 /22/2009
6 . The Society shall not release any impounded dog to an owner without ensuring that the
state licensing requirements have been met, including rabies vaccination. The lawful
owner of the dog being licensed is responsible for all fees associated with licensing and
the required rabies vaccination if necessary. The Society will notify the Town of any
dog(s) they are newly licensed.
7 . Upon completion of the appropriate redemption period, the Society will make
unclaimed dogs available for adoption. The Society will comply with all adoption
requirements as stated in Article 7 of the AML.
8 . The Society will invoice the Town of Ulysses on a monthly basis for each dog
impounded at its facility. The fee for each impounded dog is three hundred dollars
($ 300) . No additional impoundment fees shall be charged.
9 . If the owner cannot be found, medical fees incurred as a result of necessary
emergency service, up to a maximum of five hundred ($ 500), shall be the responsibility
of the Town. Medical services provided by the Society's veterinarian during the
mandatory impound period will be billed quarterly in addition to the impound fees .
Emergency medical services provided by an off-hours emergency veterinarian, such as a
" good Samaritan " case or an over-night emergency, shall be billed by the third party
provider to the Town directly. The Town's DCO is responsible for communication with
the emergency veterinary provider regarding the level of care, associated cost for each
case, and the maximum limit the Town shall pay.
10 . Society will dispose of dogs brought to the facility dead on arrival by the Town of
Ulysses DCO or authorized representative at the rate of fifty dollars ($ 50) per dog. The
Society does not provide euthanasia or disposal of privately owned (citizen's) animals .
11 . The Society will act as backup DCO in the event the Ulysses DCO is unavailable
within a reasonable period of time. The Society will first forward all calls regarding
stray/at large dogs to the Town's DCO and will respond to requests for service directly
from the Town ' s DCO or if a call is unanswered, will step in as DCO . The fee for this
service is $ 50 per dispatched Society DCO and will be billed to the Town monthly.
12 . The Society is not responsible for the enforcement of state or local laws or
ordinances, or license renewals for the Town of Ulysses. Inquiries and complaints shall
be forwarded to the Town's Clerk's office.
13 . This contract is to run from the date of signing until December 31 , 2009 . Either party
may terminate this contract at any time during the term thereof by supplying the other
party sixty (60) days notice in writing of intent to terminate the contract. Without written
notice, this contract shall remain in effect until a new contract is executed by the Society
and the Town of Ulysses .
14 . Town of Ulysses shall hold Society harmless and shall indemnify it for any causes of
action, claims, lawsuits or demands made against the Society.
Hearing no further business Mr. Austic moved to adjourn seconded by Mr. Ferrentino ;
the meeting adjourned at 9 : 15 pm .
Respectfully submitted,
Marsha L. Georgia
Ulysses Town Clerk
MLG : mlg