2005-1351
RESOLUTION NO. 2005-135
RESOLUTION AUTHORIZING THE EXECUTION OF THE AGREEMENT
BETWEEN THE TOWN OF FISHKILL AND THE TOWN OF WAPPINGER
FOR THE POTENTIAL ACQUISITION OF DEVELOPMENT RIGHTS TO
A PARCEL OF AGRICULTURAL LAND KNOWN AS "HOBBIT FARM"
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 26th
day of September, 2005, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
Councilmen - Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
ABSENT:
The following Resolution was introduced by Mr. vaidati and seconded by
Mr. Bettina
WHEREAS, the Town of Wappinger and the Town of Fishkill are municipal
corporations organized under the laws of this State; and
WHEREAS, the respective parties each possess the power to enter into
intermunicipal agreements under Article 5G of this state's General Municipal Law; and
WHEREAS, each party is empowered by law to acquire, hold and administer
interests in real property for public purposes; and
WHEREAS, each party maintains the power to adopt and to carry out policies
pertaining to the preservation of agricultural uses of land, and pertaining to maintenance of open
space as a measure to avoid overdevelopment of land and/or to mitigate the consequences of
suburban development; and
WHEREAS, in furtherance of these goals or policies, Fishkill and Wappinger
have pursued jointly and in partnership the potential acquisition of development rights from the
owner(s) of an approximate 47.9 acre parcel of agricultural real property, of which
approximately 28.5 acres are located in Wappinger and approximately 19.5 acres are located in
Fishkill, otherwise known as Hobbit Farm located on Chelsea Road (the "Property"); and
WHEREAS, the parties enter into this intermunicipal agreement for the purpose
of memorializing and outlining their understandings in furtherance of this undertaking to
purchase, subject to obtaining state farm preservation grant assistance, the development rights
from the owner(s) of the Property.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if
fully set forth and adopted herein.
2. Supervisor Joseph Ruggiero is hereby authorized, on behalf of the Town
to sign an agreement between the Town of Fishkill and the Town of Wappinger to jointly and in
partnership pursue the potential acquisition of development rights for the owner of an approximately
47.9 acre parcel of agricultural property, which approximately 28.5 acres are located in the Town of
Wappinger and approximately 19.5 acres are located in the Town of Fishkill, otherwise known as
Hobbit Farm on Chelsea Road, a copy of which agreement is annexed hereto and approved by Albert
P. Roberts, Attorney to the Town of Wappinger.
CADocuments and Settings\Florence.WAPPINGER\Local Setting lTemporary Internet Files\OLK2Wuth Contract between Fishkill
and TOW.doc
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting
ROBERT L. VALDATI, Councilman Voting
VINCENT F. BETTINA, Councilman Voting
JOSEPH P. PAOLONI, Councilman Voting
MAUREEN McCARTHY, Councilwoman Voting
Dated: Wappingers Falls, New York
September 26th, 2005
Aye
Aye
Aye
Ayp
Ay= —
Th Resolution is herebyduly declared adopted.
/I Ai'Z�L
C. MAS SON, TOWN CLERK
CADocuments and Settings\Florence.WAPPINGER\Local SettingSTemporary Internet Fi1es\0LK2\Auth Contract between Fishkill
and TOW.doc
AGREEMENT, made this day of 2005
between the TOWN OF FISHKILL, NEW YORK ("Fishkill") and the
TOWN OF WAPPINGER, NEW YORK ("'Wappinger").
WHEREAS, the respective parties are municipal
corporations organized under the laws of this State; and
WHEREAS, the parties each possess the power to enter
into intermunicipal agreements under Article 5G of this
state's General Municipal Law; and
WHEREAS, each party is empowered by law to acquire,
hold, and administer interests in real property for public
purposes; and
WHEREAS, each party maintains the power to adopt and
to carry out policies pertaining to the preservation of
agricultural uses of land, and pertaining to maintenance of
open space as a measure to avoid overdevelopment of land
and/or to mitigate the consequences of suburban
development; and
WHEREAS, in furtherance of these goals or policies,
Fishkill and Wappinger have pursued jointly and in
partnership the potential acquisition of development rights
from the owner(s) of an approximate 47.9 acre parcel of
agricultural real property, of which approximately 28.5
acres are located in Wappinger and approximately 19.5 acres
are located in Fishkill, otherwise known as Hobbit Farm
located on Chelsea Road (the "Property"); and
WHEREAS, the parties enter into this intermunicipal
agreement for the purpose of memorializing and outlining
their understandings in furtherance of this undertaking to
purchase, subject to obtaining state farmland preservation
grant assistance, the development rights from the owner(s)
of the Property.
NOW, IT IS HEREBY AGREED, for mutual consideration,
between the parties as follows:
1. The parties shall use best efforts to cooperate with
each other in the following tasks:
(a) negotiation and entry into contract for
purchase of the development rights of the Property, subject
to 75* funding of the purchase price by grant of the state
farmland preservation program, or other funding source;
(b) diligent pursuit of state farmland
preservation grant funding applications, or other similar
funding, including the retention and use of such
professional consultants as may assist that process;
(c) pursuit of support of state elected
officials, the Hudson Valley Greenway organization,
adjacent Stonykill Farm owned and operated by agencies of
the state, county farmland protection agencies, and such
other coordinate branches of government or entities as may
be warranted;
{ 1 1
(d) timely drafting and consideration of all town
board local laws, orders or resolutions as may be needed to
achieve and to finance, if necessary, the goals stated
hereinafter any and all necessary SEQRA review.
2. Subject to (a) the successful negotiation of a
contract for purchase of development rights of the
Property, (b) the obtaining of state farmland preservation
grant or other funding of at least 75% of the purchase
price, and (c) all necessary local town board resolutions
of approval of the action or financing including compliance
with SEQRA, Fishkill and Wappinger shall jointly contribute
to payment of 25% of the purchase price. Such payment
shall be apportioned between Fishkill and Wappinger in
accordance with respective fractions whose numerator shall
be the acreage or the Property located in each township and
the denominator of which shall be the total acreage of the
Property.
3. The parties may, if subsequently agreed, pool and
share their respective costs and expenses of achieving the
goals set forth in this Agreement in accordance with
proportions set forth in paragraph "2" hereinabove.
4. The sole and exclusive remedy for breach of this
Agreement by one party shall be the other party's rights to
recover reimbursement of costs and expenses, including
professional consulting fees, incurred and contributed in
furtherance of performing this Agreement.
5. The term of this Agreement shall be for a term of
three (3) years, subject to the right of cancellation
during this period by resolution of either party's
successor biennial town board adopted and provided to the
other party's Town Clerk for receipt no later than January
31" following the commencement of the term of such
successor town board.
6. For purposes of the State Environmental Quality
Review Act ("SEQRA~), neither party shall be deemed to have
committed itself to a binding future course of action, but
instead to have established a process involving feasibility
and other studies, and preliminary planning and budgetary
steps leading to the formulation of a definite course of
action dependent upon, among other things, the negotiation
of a contract to purchase the Property's development rights
and the pursuit of state farmland preservation grant
applications.
7. This Agreement constitutes the full and complete
understanding between the parties, and it shall not be
deemed amended except in writing signed by the parties
hereto.
TOWN OF FISHKILL
JOAN A. PAGONES
TOWN OF WAPPINGER
JOSEPH RUGGIERO
K:\WPD0CS\1rishki11 (0040)\xobbit Farm Purchase\InteXM=iCipa1 Cost Sharing Agreement with
wapp.doc
** TOTAL PAGE.05 **