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RESOLUTION GRANTING APPROVAL FOR SALE OF A PORTION OF COOKINGHAM FARM EAST OF RT 9 DESCRIBED AS PARCEL 1 AND PARCEL 3 AS SHOWN ON FILED MAP 12797A, SUBJECT TO A CONSERVATION EASEMENT, AT A PURCHASE PRICE OF $730,000, BEING THE HIGHEST PRICE OFFERED PURSUANT TO A REQUEST FOR PROPOSALS ISSUED BY THE TOWN

↑Meetings/Resolutions/86-2023
One-time (complete)formal_resolutionone_timeApproves the sale of conservation-easement-encumbered parcels of Cookingham Farm East to Hearth Roots Community Farm, Ltd. at $730,000, the highest price received in a request for proposals process.
First seen
2023-11-09
Latest event
2023-11-09
adopted
Expires
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Resolution text

RESOLVED

  1. The sale of the CE Parcels subject to the Conservation Easement to Hearty Roots Community Farm, Ltd. at a price of $730,000.00 is approved on the terms and conditions set forth in the request for proposals.
  2. The Supervisor or, in his absence, the Deputy Supervisor, is hereby authorized and directed to execute the purchase contract substantially in the form provided in the RFP and consistent with this resolution, and to execute and deliver the deed and other documents referred to therein in accordance with the terms thereof.
  3. The officers, employees and agents of the Town are hereby authorized and directed for and in the name and on behalf of the Town to do all acts and things as may be necessary or, in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the foregoing resolution.
  4. Within ten days after the adoption of this resolution, the Town Clerk is hereby authorized and directed to cause to be published at least once in the Poughkeepsie Journal, a newspaper having a general circulation in the Town and hereby designated as the official newspaper of the Town, and to be posted on the sign board of the Town maintained pursuant to the Town Law a notice which shall set forth the date of adoption of this resolution and contain an abstract thereof, concisely stating its purpose and effect and specifying that this resolution was adopted subject to permissive referendum.
  5. This resolution shall take effect thirty days after adoption, unless there shall be filed with the Town Clerk a petition signed and acknowledged by the electors of the Town qualified to vote upon a proposition to raise and expend money, in number equal to at least five percentum of the total vote cast for governor in the Town at the last general election held for the election of State offices, protesting against this resolution and requesting that the matter be submitted to the qualified electors of the Town at a referendum in the manner provided by Article Seven of the Town Law.
Show preamble — 9 WHEREAS clauses
  • WHEREAS, Town's Comprehensive Plan goals include maintenance and protection of the rural character and scenic resources of the community; requiring that significant open space, consistent with the Town's rural character, be preserved; conservation of prime and other important agricultural soils; and
  • WHEREAS, the Town has recognized in its Community Preservation Project Plan, adopted pursuant to Chapter 57 of the Town Code, that agriculture is of great economic importance to the community, with one-third of the Town's land area devoted to farming; that protection of Red Hook's rural quality, agricultural character and its natural environment are major goals for residents of the Town; that the Town's farmland and open space is vital to the future social, economic and environmental health of the Town; and that larger blocks of preserved lands can often have greater benefits for the community, such as helping to solidify a critical mass of farms and farmers to maintain industry strength; and
  • WHEREAS, the Town's Open Space Plan encouraged the use of incentive zoning to channel growth to desirable locations, such as existing residential areas or commercial centers, in order to protect farmland; and
  • WHEREAS, pursuant to a resolution approved February 22, 2023, the Town Board authorized the acquisition of the approximately 112.94+/- acre Cookingham Farm (East) located east of Rt. 9 as a single assemblage, including acquisition of an interest or right in real property to preserve open space with respect to the Property from the Incentive Zoning Fund for purposes permitted by Section 143-49.2(E)(1)(c) of the Zoning Code; and pursuant to a resolution approved June 18, 2023, the Town Board authorized the use of moneys in the Community Preservation Fund for the purchase of development rights of the Cookingham Farm East of Rt. 9;
  • WHEREAS, the Town Board has permanently preserved an approximately 96.723 acre portion of the Cookingham Farm (East) assemblage, described as Parcel 1 and Parcel 3 as shown on FM 12797A (the "CE Parcels") through a Deed of Conservation Easement (Including Preemptive Purchase Right and Covenant to Farm) dated as of August 11, 2023 (the "Conservation Easement"); and
  • WHEREAS, in accordance with Local Law 3 of 2023, the Town Board by resolution adopted September 20, 2023 determined to dispose of the CE Parcels subject to the Deed of Conservation Easement (Including Preemptive Purchase Right and Covenant to Farm) pursuant to a request for proposals; and
  • WHEREAS, pursuant to a request for proposals dated September 25, 2023 on file with the Town Clerk, notice of which was posted and was published in the Poughkeepsie Journal on October 4. 2023, the Town received four proposals, and after thorough review has determined that the proposal meeting the terms and conditions of the request for proposals and offering the highest price to the Town of $730,000 is the proposal of Hearth Roots Community Farm, Ltd.; and
  • WHEREAS, it is in the best interests of the Town to proceed to closing;
  • WHEREAS, the Town Board determined that such action is a Type 1 action and, based on the review of an Environmental Assessment Form and all other information available to the Board, that the proposed action will not have a significant effect on the environment; and

Lifecycle (1 event)

2023-11-09adoptedvote: unanimous
Grant approval for sale of a portion of Cookingham Farm East of Route 9 to Hearth Roots Community Farm, Ltd. for $730,000, subject to a conservation easement.
moved by McKeon · seconded by Kane
Show text snapshot for this event
Resolved
  1. The sale of the CE Parcels subject to the Conservation Easement to Hearty Roots Community Farm, Ltd. at a price of $730,000.00 is approved on the terms and conditions set forth in the request for proposals.
  2. The Supervisor or, in his absence, the Deputy Supervisor, is hereby authorized and directed to execute the purchase contract substantially in the form provided in the RFP and consistent with this resolution, and to execute and deliver the deed and other documents referred to therein in accordance with the terms thereof.
  3. The officers, employees and agents of the Town are hereby authorized and directed for and in the name and on behalf of the Town to do all acts and things as may be necessary or, in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the foregoing resolution.
  4. Within ten days after the adoption of this resolution, the Town Clerk is hereby authorized and directed to cause to be published at least once in the Poughkeepsie Journal, a newspaper having a general circulation in the Town and hereby designated as the official newspaper of the Town, and to be posted on the sign board of the Town maintained pursuant to the Town Law a notice which shall set forth the date of adoption of this resolution and contain an abstract thereof, concisely stating its purpose and effect and specifying that this resolution was adopted subject to permissive referendum.
  5. This resolution shall take effect thirty days after adoption, unless there shall be filed with the Town Clerk a petition signed and acknowledged by the electors of the Town qualified to vote upon a proposition to raise and expend money, in number equal to at least five percentum of the total vote cast for governor in the Town at the last general election held for the election of State offices, protesting against this resolution and requesting that the matter be submitted to the qualified electors of the Town at a referendum in the manner provided by Article Seven of the Town Law.
Whereas
  • WHEREAS, Town's Comprehensive Plan goals include maintenance and protection of the rural character and scenic resources of the community; requiring that significant open space, consistent with the Town's rural character, be preserved; conservation of prime and other important agricultural soils; and
  • WHEREAS, the Town has recognized in its Community Preservation Project Plan, adopted pursuant to Chapter 57 of the Town Code, that agriculture is of great economic importance to the community, with one-third of the Town's land area devoted to farming; that protection of Red Hook's rural quality, agricultural character and its natural environment are major goals for residents of the Town; that the Town's farmland and open space is vital to the future social, economic and environmental health of the Town; and that larger blocks of preserved lands can often have greater benefits for the community, such as helping to solidify a critical mass of farms and farmers to maintain industry strength; and
  • WHEREAS, the Town's Open Space Plan encouraged the use of incentive zoning to channel growth to desirable locations, such as existing residential areas or commercial centers, in order to protect farmland; and
  • WHEREAS, pursuant to a resolution approved February 22, 2023, the Town Board authorized the acquisition of the approximately 112.94+/- acre Cookingham Farm (East) located east of Rt. 9 as a single assemblage, including acquisition of an interest or right in real property to preserve open space with respect to the Property from the Incentive Zoning Fund for purposes permitted by Section 143-49.2(E)(1)(c) of the Zoning Code; and pursuant to a resolution approved June 18, 2023, the Town Board authorized the use of moneys in the Community Preservation Fund for the purchase of development rights of the Cookingham Farm East of Rt. 9;
  • WHEREAS, the Town Board has permanently preserved an approximately 96.723 acre portion of the Cookingham Farm (East) assemblage, described as Parcel 1 and Parcel 3 as shown on FM 12797A (the "CE Parcels") through a Deed of Conservation Easement (Including Preemptive Purchase Right and Covenant to Farm) dated as of August 11, 2023 (the "Conservation Easement"); and
  • WHEREAS, in accordance with Local Law 3 of 2023, the Town Board by resolution adopted September 20, 2023 determined to dispose of the CE Parcels subject to the Deed of Conservation Easement (Including Preemptive Purchase Right and Covenant to Farm) pursuant to a request for proposals; and
  • WHEREAS, pursuant to a request for proposals dated September 25, 2023 on file with the Town Clerk, notice of which was posted and was published in the Poughkeepsie Journal on October 4. 2023, the Town received four proposals, and after thorough review has determined that the proposal meeting the terms and conditions of the request for proposals and offering the highest price to the Town of $730,000 is the proposal of Hearth Roots Community Farm, Ltd.; and
  • WHEREAS, it is in the best interests of the Town to proceed to closing;
  • WHEREAS, the Town Board determined that such action is a Type 1 action and, based on the review of an Environmental Assessment Form and all other information available to the Board, that the proposed action will not have a significant effect on the environment; and
Subject key: cookingham_farm_east_sale