COUNTY OF SULLIVAN INDUSTRIAL DEVELOPMENT AGENCY
One Cablevision Center
Ferndale, New York 12734
(845) 295-2603 – telephone
(845) 295-2604 – fax
Tuesday, February 9, 2010
I. CALL TO ORDER
Chairman Wood called to order the regular meeting of the County of Sullivan Industrial Development Agency at approximately 10:03 A.M., which was held in the Legislative Committee Room at the Sullivan County Government Center, Monticello, New York.
II. ROLL CALL
Cindy Garlinghouse (please note that Ms. Garlinghouse arrived at approximately 10:09 A.M.)
Jennifer C.S. Brylinski, Exec. Dir.
Elizabeth A. Hunt, Exec. Assistant
Allan C. Scott, ALSCO Management, Inc./Consultant /IDA CEO
Walter F. Garigliano, Esq., Agency Legal Counsel
Tara Lewis, Garigliano Law Offices LLP
Luiz Aragon, Commissioner, Planning & Environmental Management
Timothy McCausland, Partnership for Economic Development
Joseph Carlucci, Cuddy & Feder LLP
Bob Schneider, Cuddy & Feder LLP
Allison DuBois, Hudson River Community Health
Dan Hust, Sullivan County Democrat
Victor Whitman, Times Herald Record
Alice Diehl, Sullivan County Resident
Sonia Hedlund, Sullivan County Resident
III. APPROVAL OF MINUTES
Mr. Barbuti made a motion to approve the minutes of the January 12, 2010 regular meeting. The motion was seconded by Ms. Loughlin, the Board voted and the motion was unanimously carried.
IV. BILLS AND COMMUNICATIONS
Mr. Barbuti made a motion to approve the revised schedule of payments, Ms. Loughlin seconded the motion, the Board voted and the motion was unanimously carried.
V. EXECUTIVE DIRECTOR’S REPORT
Ms. Brylinski advised the Board that last week Cooper, Niemann & Co., LLP were at the IDA office and completed the audit of the 2009 financials. She further advised that Ms. Hunt is near the end of billing the PILOT payments and has now moved on to receiving and disbursing payments. Ms. Brylinski advised that she is now preparing to complete the reports required by New York State.
Ms. Brylinski advised the Board that she received a letter yesterday from the New York State Department of Taxation and Finance requesting payment to them of approximately $20,000. This payment has been imposed on IDAs by NYS and is to go towards paying the New York State Legislatures for their involvement in IDA matters. The amount is supposed to be 5% of an IDA’s income (which does not include PILOT payments, being they are a pass through). There was some general discussion by those present regarding this matter.
VI. OLD BUSINESS
Mr. Garigliano presented to the Board a resolution authorizing the purchase of distilling equipment; authorizing Allan C. Scott to execute and deliver an order confirmation and authorization of a down payment to Carl GmbH for the purchase of the distilling equipment the amount of which is not to exceed $100,000. This equipment will be leased to the Catskill Stills project. On a motion by Mr. Barbuti, seconded by Mr. Gold, the Board voted and the resolution was unanimously passed.
Mr. Garigliano presented to the Board a resolution authorizing and approving the execution and delivery of a Modification and Extension of Mortgage in an amount not to exceed $165,366 and related documents in favor of the First National Bank of Jeffersonville for the Benefit of A.K.L. Realty, LLC. On a motion by Mr. Gold, seconded by Ms. Garlinghouse, the Board voted, with Mr. Sykes abstaining, and the resolution was passed.
Mr. Garigliano presented to the Board a resolution authorizing the Madasa Realty, LLC project to submit a lot line improvement application to the Fallsburg Planning Board; combing the existing parcel with the new parcel and the IDA taking title to the combined parcel as well as the execution and delivery of an Omnibus Amendment to Project Documents. On a motion by Ms. Loughlin, seconded by Mr. Gold, the Board voted and the resolution was unanimously passed.
Ms. Brylinski advised the Board that as per the Public Authorities Accountability Act of 2005 the IDA is required to annually review their “Disposition of Real Property Guidelines,” “Investment Polity,” and “Procurement Policy.” She questioned the Board if they wished to make any changes to the mentioned policies. There being no changes, on a motion by Mr. Barbuti, seconded by Mr. Gold the Board unanimously agreed to readopting these policies.
VII. NEW BUSINESS
Ms. Brylinski reported to the Board on her recent meetings with the Mountains of Opportunities group headed by Commissioner Aragon. She reminded the Board that several months ago a charrette was conducted and since that time several more meetings have been held and subgroups formed to concentrate on specific tasks to try to improve Sullivan County. As one of the major economic development agencies in the County, the IDA subgroup was assigned three initiatives to work on. These are the Red Meat Facility (which the IDA is currently working on), a Dairy Processing Facility, and a Community Kitchen (other members of the subgroup are investigating ways to try and work on this initiative with the Sullivan County Community College or the Cooperative Extension). Ms. Brylinski explained that in order to move forward with the Dairy initiative a feasibility study would have to be conducted. Mr. Garigliano suggested a joint collaboration by Tom Shepstone and Jerry Skoda. Ms. Hedlund suggested to the Board that Nan Stolzanberg also be considered as a consultant. On a motion by Ms. Loughlin, seconded by Ms. Garlinghouse, the Board unanimously agreed to engage a third party as a consultant to do a feasibility study regarding a Dairy Processing Facility in Sullivan County not to exceed $5,000.
Mr. Carlucci spoke to the Board about a proposal for an expansion of the Hudson River HealthCare facility in Monticello on Lakewood Avenue. In order to make the funding stream for the project work, he explained, he was requesting that the IDA become an involved partner in Hudson River’s expansion project. The Board accepted the concept and directed Agency Counsel to write a new section to the Agency’s existing tax exempt policy document that would assist in this type of situation. The process and details of the policy would be reviewed by the Board at a future date.
Ms. Brylinski spoke to the Board about a request from Ideal Snacks Corporation to pay their 2010 PILOT in three (3) installment payments. Mr. Garigliano referred to a New York State Real Property legal opinion in which the IDA has no authorization to accept deferred payments regarding PILOT payments. The Board unanimously agreed that Ideal must pay the balance of the 2010 PILOT.
Chairman Wood questioned the Board and those present if there were any further questions or comments. There being none, on a motion by Ms. Loughlin, seconded by Ms. Garlinghouse, the Board voted and the meeting was adjourned at approximately 10:42 A.M.
Elizabeth A. Hunt