Northern New York’s Opioid Crisis: What is the cost as the epidemic continues to grow?

WATERTOWN DAILY TIMES FILE PHOTO
Depending on insurance policies, a person requesting a naloxone or narcan kit at the pharmacy could be provided with one of several options.

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Medicare vs. Medicaid: Defining coverage options in nny

SYDNEY SCHAEFER / NNY BUSINESS
Matthew Wiley of the Jefferson County Office of the Aging.

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Protecting Business Partnerships from Unanticipated Emergencies

Ian Gilbert

The maxim that an ounce of prevention is worth a pound of cure holds up just as well in the business world as it does in the practice of medicine. Consider the following situation: partners Allen, Bob, and Charlie have a successful small business together. Through years of grit, industry, and teamwork, they have taken a business idea from the theoretical into the practical and found a niche for themselves in a new market. In the course of success, they formed an limited liability company (LLC), developed relationships with marketers, suppliers, accountants and lawyers, and did their due diligence to ensure their growth and viability for the future.

                But then disaster strikes. Maybe Allen is getting a divorce. Maybe Bob is faced with personal bankruptcy and criminal charges of fraud or tax evasion. Maybe Charlie has been in an accident and is looking at long-term care and permanent intellectual disability. The question of whether the business can survive (and at what cost) may rest on the partners having planned in advance for these contingencies.

                In any of the situations described above, the lack of a formal recognized agreement between the partners could very well end the business. A divorcing spouse may be entitled to a share of the business assets, forcing a sell-off or dissolution. In the case of personal bankruptcy, accounts and assets of the business could be subject to judgments and liens. If a member of the business is afflicted with some type of disorder that prevents them from actively participating, the business could find itself hamstrung until a guardianship can be put in place if unanimous consent is required for some decision-making.

                The most practical way for a business with multiple partners to guard against unanticipated disaster is to adopt a well-crafted buy-sell agreement. A buy-sell agreement is, in the simplest terms, a contract between all of the owners of a business and the business itself that governs how the interests in the business can be transferred. New York has adopted certain rules that restrict what an enforceable buy-sell agreement can include. For example, prohibiting a member of an LLC from ever selling his or her interest in the business to somebody else would likely be deemed an “unreasonable restraint on alienation” and unenforceable. On the other hand, New York courts will generally uphold a provision that gives the business or the other members a first right to “buy back” the selling member’s interest on the stated terms, or pursuant to a stated figure in the agreement within a certain time period.

                The buy-sell agreement or operating agreement can be expanded to include rules that require certain outcomes based on triggering events such as death, divorce, incapacity, personal bankruptcy, imprisonment, etc.

                There are other practical steps a business should consider taking with respect to its members. A business can take out life insurance policies on the members naming the business as the payee. Upon the member’s death, the business can then use the life insurance policy proceeds to pay a sum to the surviving family members, rather than trying to scrap together enough money through new loans and liquidating assets, to satisfy the amount owed for the decedent member’s share of the business. Another option is for the members to grant each other limited durable powers of attorney. A power of attorney is an agreement granting another person the authority to make certain decisions on his or her behalf. This is a useful tool for situations where consent must be unanimous (such as making large capital purchases or entering settlements and confessions of judgment). Powers of attorney can also be “springing” which generally means that they come into effect only if the principal becomes incapacitated. Again, the idea here is about saving time and money down the road by taking simple preventative measures.

                Many of these steps also apply to business owners who operate as sole proprietors or who are in charge of single-member entities but wish to see their businesses continue on after their own involvement. To that end, lawyers can help to reconcile business goals with broader estate planning objectives.

                All of these strategies and more should be considered by business owners, and can often be implemented expeditiously and without great cost, through an attorney or team of advisors familiar with the business’s operations and the owners’ goals. Failing to take proper precautions may cause, as Churchill said, “history to cast its verdict with those terrible, chilling words, ‘too late’”.

                The information in this article is for informational purposes only and should not be construed as legal advice with respect to any specific subject matter or circumstances. Contact a reputable attorney for advice regarding your particular situation or issue.

DEC Aids Farms Through Waste Guidelines

Judy Drabicki

Farms play a critical role in the north country’s economy and many of our farmers are following in the footsteps of generations before them.

                Although science and technology are the underpinning of farming today, the agriculture industry also relies on trial and error, gut-instinct, and weather. According to local agriculture expert Jay Matteson, our cool climate is well suited for dairy, cold hardy grapes, soybeans, corn, wheat, alfalfa, grasses, and many other crops and livestock. While the north country has a wide variety of soils ranging from well-drained loams to poorly drained clays, our farmers excel at managing soil resources.

                The farming industry is guided by sustainability and efficiency. Understanding that well-balanced soil creates stronger crops and healthier livestock, the New York State Department of Environmental Conservation (DEC) works closely with local farmers to issue land application permits to spread non-recognizable food processing (NRFP) waste on their fields. This organic waste contains valuable nutrients – especially nitrogen and phosphorous – and land spreading delivers these nutrients directly to the soil. This is a beneficial alternative to purchasing expensive commercial fertilizers and not unlike the time-tested practice of spreading manure on a field. NRFP works well on any soil and is easily applied in the same manner as manure. In addition to the nutrient value, NRFP waste also furnishes organic matter that, when added to fine-textured soils like clays makes the soils looser and increases the amount of pore space available for root growth. Additionally, in coarser, sandy soils, this organic matter can improve the ability of the soils to retain water.

                There are a few farms in our area already spreading NRFP waste on their fields. These farms have collaborated with local dairy product manufacturers to acquire and transport NRFP waste. DEC provides strict oversight of the application of this waste under regulations designed to establish criteria based upon the potential environmental and human health risks involved and protect against nuisances and other possible ill effects of the land application process.

                At its Lafargeville plant, H.P. Hood produces cottage cheese, yogurt, and sour cream. Food production at H.P. Hood also creates waste. This waste is run through another process that prepares it for spreading on the fields as NRFP.

                 H.P. Hood has been a registered land application facility since 2003, when the registration requirements first went into effect. Since 2012, it has been applying an average of 800,000 to two million gallons of NRFP waste annually at BJ Farms, also in Lafargeville. BJ Farms is a 130-acre farm that grows field crops, such as hay. The soil in the fields is tested to make sure the nutrient loading rates are accurate for the crop. The amount of nutrient applied cannot exceed the needs of the crop. 

                Not only is it valuable to the soil, transferring organic waste from large manufacturers to fields means less waste is sent to our landfills, which benefits all of us. Keeping waste out of landfills is known as “diversion,” where waste is diverted to another use such as land spreading or recycling discarded items instead of disposing of them. Diversion is an important goal for communities and landfill operators. Landfilling is expensive and costs are passed on to communities by way of tipping fees to everyone who generates waste. Because we all generate waste, we all share the burden of paying for landfill operations. 

                Diversion is proactive solid waste management, and in the case of land spreading, a benefit to agriculture.

                Eligible land application facilities benefit both our shared environment and the economy when operated in compliance with regulations and basic criteria.

Small Business Success: Agriculture 2.0

Sarah O’Connell

In rural Northern New York, agriculture has been one of the major economic drivers of the region since it was first settled by European immigrants.  According to a 2015 article cited in Wikipedia, New York is “one of the top five states for agricultural products, including dairy, cattle, apples, cabbages, potatoes, beets, viniculture, onions, maple syrup and many others.”  But for a variety of reasons including declining milk prices, global competition, and so on, the iconic small family farms are disappearing.  Or are they?

                What we’ve been seeing in the past few years is a variety of new ways to keep young people on the farm.  They are discovering new opportunities, improved technology, and niche markets as ways to stay (or move here) and earn a living.  As I mentioned in my May column, there are several distinctive ag-related enterprises that make our own north country marketable, whether it’s locally sourced foods (meats, cheese, maple, honey) and beverages (wine, beer, cider, liquors) or ag-tourism (the American Maple Museum, farm tours, bed and breakfasts on operating farms, edible or flower garden tours, etc.).

                At the most recent Business Leaders’ Breakfast sponsored by Lewis County Economic Development, some local food producers were spotlighted.  Cedar Hedge Farm, owned by Jan Virkler and Jeff Van Arsdale, has been producing artisanal goat cheeses: feta, sharp feta and unsalted chèvre as well as a variety of jams, jellies and breads using their cheese products.  Two things that really stood out for me in their presentation.  One is that, although it’s a third-generation farm in the Virkler family, Jan decided to move back  here in 2012 with Jeff from professional jobs in New Jersey to embrace the ag life. The other thing I loved was its motto:  “If we don’t grow it, we don’t make it.”

                If you’ve been at any local events or craft fairs or farmers markets in the past couple of years, you’ve probably seen (and hopefully tasted) the caffeinated creations from Tug Hill Artisan Roasters.  Their various roast blends are also carried by and served in several area restaurants and shops. The company is the brainchild of brothers Ian and Scott Gilbert and friend Gregory Widrick and opened in April 2017.  It meets a couple of the marks of current trends – artisanal coffee represents a unique niche as well as a locally produced product, although of course, we haven’t yet figured out how to grow coffee beans in  Northern New York.  But who knows – no one thought we could grow grapes hardy enough for local wines a few years ago! Two transplants from the New York City area, Julian Mangano and Alice Waite, recently founded Of the Earth for the Soul company, which operates Della Terra as a small, bio-intensive farm in Castorland. In their “About” section on their Facebook page, the farmers note, “We are dedicated to providing food with integrity, engaging in organic, non-chemical, non-GMO practices.”  While not certified organic, they do not use herbicides or pesticides and grow an amazing quantity and quality of vegetables in a very small space called square foot gardening.

                It’s impossible to talk about Lewis County agriculture without mentioning maple syrup.  One of the newer local maple syrup businesses is Silver Sap Maple, owned by Cassandra Buell, who also happens to be the Lewis County planner, and her husband, Brian.  While still very new to the maple business, they are adding their taps by leaps and bounds each year and successfully selling their sweet wares.

                We’re now officially in the summer season.   Just as we encourage people to shop small and local in the winter holidays, we hope everyone will pledge to support our local food (and beverage) producers this summer and EAT local!

                The New York Small Business Development Center at JCC offers free, individual, confidential counseling to new or existing business owners in Jefferson and Lewis counties.  For more information, contact 315-782-9262, sbdc@sunyjefferson.edu.   St. Lawrence County residents can contact their SBDC at SUNY Canton, 315-386-7312, sbdc@canton.edu.

I LOVE Northern NY – How to get in on ILNY promotions

BROOKE ROUSE

Many recognize the I LOVE NY brand and think of it as New York City. In fact, I LOVE NY is the official destination brand of New York State.  Each county government designates an organization be the ‘local boots on the ground,’ or tourism promotion agent (TPA) for I LOVE NY, or more specifically, Empire State Development’s Tourism Division.  An annual grant is then administered, combining state and County funds to be used specifically for marketing the County as a destination to out-of-county visitors.

                In addition to the grant funds, the TPAs work closely with the I LOVE NY team on a number of marketing initiatives and state wide campaigns. So how do you, as a business or community, get a piece of the pie?

                Your County TPA creates a marketing plan annually and always appreciates participation from tourism partners. Sometimes cooperative marketing opportunities exist, where you can buy in at an affordable rate to get a lot more. This is done through regional branding efforts, where you can be highlighted in print or digital platforms.

                Your TPA is actively seeking exposure for your county…one of the best ways to do that is through earned media (we do the work to earn the recognition, but don’t necessarily pay any money). For example, the TPA will communicate with writers or the state may organize a trip of writers (also known as a FAM or familiarization tour) to visit and write, blog, photograph the area. Typically we need businesses to host for overnights, meals, excursions, or tours. Typically these things need to be offered for free or at a discount. The ‘host,’ as an active participant will then be covered in the content. These stories have tremendous value that our tourism marketing budgets could not afford, so this is a great opportunity for the destination and the business, product, etc.

                Your TPA is actively updating websites, social media, visitor guides and requests for story leads. The most important thing…PHOTOS. A picture tells a thousand words. High quality (high resolution) photos, showing people doing things are the best way to really tell the story. Any time your community or business can share high quality photos (not smartphone photos) of a festival, activity, landmark – you are sure to be included in the next promotion.

                The more we know, the more we can help. I LOVE NY is constantly sending out story leads for major publications like USA Today, NY Times, etc. They want to know what is new, what is unique. If we know what you are up to (and have high quality photos!), we can quickly send the word (and image) along. Sometimes its quirky – a top 20 list of breakfast features, or unique requests like spa getaways where you can sleep under the stars. The more unique offerings you can create, the better. The more we know about it, the more you benefit.

                The state and other state partners have also developed several thematic campaigns.; Haunted History Trail, PRIDE, Underground Railroad,  Path Through History, Taste NY, to name a few. If you can create an event or have an attraction that is a fit, be sure to let your TPA know.

                To get connected with your local TPA, call 1000 Islands International Tourism Council (Jefferson County) 315-482-2520, Oswego County Department of Community Development, Tourism & Planning 315-349-8322, or St. Lawrence County Chamber of Commerce 315-386-4000.

Brooke Rouse is executive director of the St. Lawrence County Chamber of Commerce and a Tourism Promotion Agent. She is a business owner, holds a master’s degree in tourism and is a former SUNY Canton Small Business Development Center advisor. Contact her at brouse@st.lawrencecountychamber.org.

A new venture: Zenda Farms Preserve

WATERTOWN DAILY TIMES FILE PHOTO
Thousand Islands Land Trust’s Zenda Farm Preserve.

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Homestead Organic Roots: Looking at the future of food, agribusiness and leading by example

DAYTONA NILES / NNY BUSINESS
Ed Walldroff, owner of Homestead Field, stands with his dairy cows in Lafargeville.

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The Dairy Debate: When and how will the industry change?

DAYTONA NILES / NNY BUSINESS
A few Dairy cows drink some water off of W. Martinsburg Road in Lowville.

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Artificial Farming Intelligence: Agbotic utilizes robotic tech to grow food

AMANDA MORRISON / NNY BUISINESS
Darren Strock checks hoses and nozzles on an automated watering machine at Agbotics.

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