COUNTY OF SULLIVAN INDUSTRIAL DEVELOPMENT AGENCY
One Cablevision Center
Ferndale, New York 12734
(845) 295-2603 – telephone
(845) 295-2604 – fax
Tuesday, March 9, 2010
I. CALL TO ORDER
Chairman Wood called to order the regular meeting of the County of Sullivan Industrial Development Agency at approximately 10:12 A.M., which was held in the Legislative Committee Room at the Sullivan County Government Center, Monticello, New York.
II. ROLL CALL
(Please note that it was attempted that Ms. Loughlin participate in the meeting via speaker Telephone, but the attempt was unsuccessful)
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
Luiz Aragon, Commissioner, Planning & Environmental Management
Timothy McCausland, Partnership for Economic Development
Dan Hust, Sullivan County Democrat
III. APPROVAL OF MINUTES
Mr. Barbuti made a motion to approve the minutes of the February 9, 2010 regular meeting. The motion was seconded by Mr. Alport, the Board voted and the motion was unanimously carried.
IV. BILLS AND COMMUNICATIONS
Mr. Barbuti wished to know what the payment listed on the Schedule of Payment to the “NYS Division of Treasury” (“Treasury”) in the amount of $20,218.00 was regarding. Ms. Brylinski explained to Mr. Barbuti that this payment is a new fee that has been imposed on public authorities by New York State. The amount is supposed to be derived from the IDA’s total revenue as reported on the PARIS system, multiplied by a percentage as determined by Treasury. She went on further to say that Ms. Hunt called and posed that question that if the payment submitted by the IDA was later determined to be incorrect, what could be done. The answer was that the Treasury was standing by the figure they submitted for payment. Mr. Garigliano and Ms. Brylinski both commented the Economic Development Council is looking into the matter further.
V. EXECUTIVE DIRECTOR’S REPORT
Ms. Brylinski advised the Board that she is expecting to receive several Revolving Loan Applications.
Ms. Brylinski then recapped for the Board several new requirements that have been implemented by New York State through the Public Authorities Reform Act of 2009. Examples of some of the new requirements are more transparency for public authorities, board oversight issues, new financial reports and a new mission statement. Ms. Brylinski advised the Board that she will send the link to the Board members so they can review the requirements.
VI. OLD BUSINESS
Regarding the status of the PILOT payments, Mr. Garigliano suggested to the Board that an executive session be called for discussion on possible litigation proceedings with two of the projects. On a motion by Chairman Wood, seconded by Mr. Sykes, the Board unanimously agreed to go into executive session at approximately 10:21 A.M.
At approximately 10:21 on a motion by Chairman Wood, seconded by Mr. Alport the Board unanimously agreed to come out of executive session.
Mr. Garigliano stated that to date, the Concord project has failed to pay their Annual Lease Payment. Mr. Barbuti made a motion to authorize staff and legal council to proceed with the necessary steps to commence default proceedings. Ms. Garlinghouse seconded the motion, the Board voted and the motion was unanimously approved.
Mr. Garigliano presented to the Board a resolution authorizing funding for the Partnership for Economic Development for the first quarter 2010 in the amount of $18,750.00. On a motion by Mr. Sykes, seconded by Mr. Barbuti, the Board voted and the resolution was unanimously passed.
VII. NEW BUSINESS
Mr. Garigliano presented to the Board a resolution granting a sales tax abatement for the 457 Equities LLC project from March 9k, 2010 through and including December 31, 2010. He explained that they are renovating to make their space more “tenant friendly.” On a motion by Mr. Sykes, seconded by Mr. Barbuti, the Board voted and the resolution was unanimously passed.
Mr. Garigliano presented to the Board a resolution approving the execution and delivery of a mortgage in an amount not to exceed $400,000.00 and related documents in favor o0f Quest MCD Capital LLC for the benefit of Fallsburg Town Center LLC. On a motion by Mr. Alport, seconded by Mr. Sykes, the Board voted and the resolution was unanimously passed.
For the Board’s review, Mr. Garigliano handed out a recap regarding the Tax Credit Participation Program as it relates to Hudson River Healthcare. After some discussion, it was agreed by the Board that an amendment to the IDA’s tax policy would be done in order to accommodate projects to be able to take advantage of various federal and state programs involving the use of federal tax credits. Ms. Brylinski will look into how many day posting notice is necessary for the amendment to the IDA’s current policies.
There was general discussion regarding a Board member’s participation by telephone.
Mr. McCausland handed out to the Board information on an upcoming SEQR “roundtable discussion” that is being held on March 11, 2010.
Mr. Barbuti questioned the status of the Red Meat Processing Facility. Mr. Garigliano replied that although at times progress seems slow, that in general things are progressing.
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