RESOLUTION
A recessed meeting of County of Sullivan Industrial Development Agency (“Agency”) was convened in public session at the Sullivan County Government Center, 100 North Street, Village of Monticello, Sullivan County, New York on August 28, 2012 at 10:00 a.m. local time.
The meeting was called to order by Chairman Ira Steingart, and, upon roll being called, the following members of the Agency were:
PRESENT ABSENT
Ira Steingart [ √ ] [ ]
Harold Gold [ √ ] [ ]
Edward T. Sykes [ √ ] [ ]
Suzanne Loughlin [ ] [ √ ]
Charles Barbuti, Jr. [ √ ] [ ]
Harris Alport [ √ ] [ ]
Steve White [ ] [ √ ]
Sandy Shaddock [ ] [ √ ]
Sean Rieber [ √ ] [ ]
The following persons were also present:
Allan C. Scott, Chief Executive Officer
Jennifer C.S. Brylinski, Agency Executive Director
Elizabeth A. Hunt, Agency Executive Assistant
Walter F. Garigliano, Agency General Counsel
The following resolution was duly offered by Edward T. Sykes, and seconded by Harold Gold, to wit:
Resolution No. 36 – 12
RESOLUTION AUTHORIZING AND APPROVING A RURAL MICROENTREPRENUERIAL ASSISTANCE PROGRAM (“RMAP”) LOAN TO DAVID APPEL AND DONALETTE APPEL (“APPEL”)
WHEREAS, on or about August 26, 2011, the Agency loaned Appel $25,000.00 (“2011 Loan”) for the purpose of renovating, repairing and reconstructing a building located on a parcel of real estate containing 15,000 square feet of land more or less, located at 249 Rock Hill Drive, Rock Hill, New York 12779 and identified on the tax map as Thompson Section 32, Block 1, Lot 38 (“249 Rock Hill Drive”); and
WHEREAS, as security for the loan Appel executed and delivered a Mortgage, in favor of the Agency in the amount of $25,000.00; and
WHEREAS, on July 30, 2012, Appel submitted an application to the Agency for an additional loan to complete the renovation, repairing and reconstruction of 249 Rock Hill Drive and to purchase store fixtures, and equipment to open a retail store to be known as the Krispy Apple; and
WHEREAS, on August 23, 2012, the RMAP loan review committee reviewed the application and recommended approval of the loan, on the condition that the 2011 Loan and the new loan request be consolidated into a single RMAP loan in an amount not to exceed $50,000.00; and
WHEREAS, the Agency wishes to lend an amount not to exceed $50,000.00 to Appel, on the terms and conditions hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE AGENCY AS FOLLOWS:
Section 1. The Agency hereby approves a RMAP loan in an amount not to exceed $50,000.00; provided, however that all advances under the loan shall be based on a project budget to be approved prior to the loan closing by the RMAP loan committee and further provided that all advances from the loan proceeds other than those necessary to retire the existing loan and pay loan closing list be based on requisitions approved by either (1) the RMAP loan committee or (2) the Chief Financial Officer of the Agency and the Executive Director of the Agency.
Section 2. The loan shall be secured by a second priority mortgage in favor of the Agency in the amount of the loan which loan shall be subject and subordinate to mortgage to Michael Fenyvessy in the original principal amount of $60,000.00, dated December 6, 2004 and recorded on December 13, 2004 in Liber 2884 at page 573 in the Sullivan County Clerk’s Office and related documents in form approved by Counsel to the Agency and with such changes, variations, omissions and insertions as the Chief Executive Officer, Chairman or Vice Chairman of the Agency approved.
Section 3. The officers, employees and agents of the Agency are hereby authorized and directed for and in the name and on behalf of the Agency to do all acts and things required and to execute and deliver all such certificates, instruments, documents, and to pay all such fees, charges and expenses and to do all such further acts and things as may be necessary or in the opinion of the officer, employee or agent acting on behalf of the Agency desirable and proper to effect the purposes of the foregoing resolution.
Section 4. These resolutions shall take effect immediately.
The question of adoption of the foregoing resolutions were duly put to a vote on roll call, which resulted as follows:
Ira Steingart [ √ ] Yes [ ] No [ ] Absent [ ] Abstain
Harold Gold [ √ ] Yes [ ] No [ ] Absent [ ] Abstain
Edward T. Sykes [ √ ] Yes [ ] No [ ] Absent [ ] Abstain
Suzanne Loughlin [ ] Yes [ ] No [ √ ] Absent [ ] Abstain
Charles Barbuti, Jr. [ √ ] Yes [ ] No [ ] Absent [ ] Abstain
Harris Alport [ √ ] Yes [ ] No [ ] Absent [ ] Abstain
Steve White [ ] Yes [ ] No [ √ ] Absent [ ] Abstain
Sandy Shaddock [ ] Yes [ ] No [ √ ] Absent [ ] Abstain
Sean Rieber [ √ ] Yes [ ] No [ ] Absent [ ] Abstain
The resolutions were thereupon duly adopted.
STATE OFNEW YORK :
:ss.:
COUNTYOFSULLIVAN :
I, the undersigned Secretary (or Assistant) of the County of Sullivan Industrial Development Agency DO HEREBY CERTIFY THAT:
1. I have compared the foregoing copy of a resolution of the County of Sullivan Industrial Development Agency (“Agency”) with the original thereof on file in the office of the Agency, and that the same is a true and correct copy of such resolution and of the proceedings of the Agency in connection with such matter.
2. Such resolution was passed at a meeting of the Agency duly convened in public session on the 28th day of August, 2012 at 10:00 a.m. at theSullivanCountyGovernmentCenter,100 North Street,Village ofMonticello, Sullivan County, New York, at which the following members were present:
PRESENT ABSENT
Ira Steingart [ √ ] [ ]
Harold Gold [ √ ] [ ]
Edward T. Sykes [ √ ] [ ]
Suzanne Loughlin [ ] [ √ ]
Charles Barbuti, Jr. [ √ ] [ ]
Harris Alport [ √ ] [ ]
Steve White [ ] [ √ ]
Sandy Shaddock [ ] [ √ ]
Sean Rieber [ √ ] [ ]
3. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows:
Ira Steingart [ √ ] Yes [ ] No [ ] Absent [ ] Abstain
Harold Gold [ √ ] Yes [ ] No [ ] Absent [ ] Abstain
Edward T. Sykes [ √ ] Yes [ ] No [ ] Absent [ ] Abstain
Suzanne Loughlin [ ] Yes [ ] No [ √ ] Absent [ ] Abstain
Charles Barbuti, Jr. [ √ ] Yes [ ] No [ ] Absent [ ] Abstain
Harris Alport [ √ ] Yes [ ] No [ ] Absent [ ] Abstain
Steve White [ ] Yes [ ] No [ √ ] Absent [ ] Abstain
Sandy Shaddock [ ] Yes [ ] No [ √ ] Absent [ ] Abstain
Sean Rieber [ √ ] Yes [ ] No [ ] Absent [ ] Abstain
and therefore, the resolution was declared duly adopted.
I FURTHER CERTIFY that (i) all members of the Agency had due notice of said meeting, (ii) pursuant to Sections 103a and 104 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public and public notice of the time and place of said meeting was duly given in accordance with such Sections 103a and 104, (iii) the meeting in all respects was duly held, and (iv) there was a quorum present throughout.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the 28th day of August, 2012.
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