December 11, 2012 Meeting Minutes

    One Cablevision Center
    Ferndale, New York 12734
    (845) 295-2603 – telephone
    (845) 295-2604 – fax 

    Tuesday, December 11, 2012 

    I.         CALL TO ORDER

    Chairman Steingart called to order the regular meeting of the County of Sullivan Industrial Development Agency at approximately 10:02 A.M., which was held in the Legislative Committee Room at the Sullivan County Government Center, Monticello, New York. 

    II.       ROLL CALL

                Members Present-                               Members Absent-

    Ira Steingart                                         Edward Sykes          

    Charles Barbuti                            

    Harold Gold                                         

    Suzanne Loughlin

    Sean Rieber

    Sandy Shaddock

    Steve White 

              Staff Present-                                              Staff Absent-

    Jennifer C.S. Brylinski, Exec. Dir.                None

    Elizabeth A. Hunt, Exec. Assistant 

    Others Present-

    Allan C. Scott, ALSCO Management, Inc. /Consultant /IDA CEO

    Walter F. Garigliano, Esq., Agency Legal Counsel    

    Tara Lewis, Garigliano Law Offices

    Jennifer Mall, SC Planning Department Agriculture Planner

    Dan Hust, Sullivan County Democrat

    Ken Walter

    (Please be advised that not all attendees were present for the     entire meeting) 


    Mr. White made a motion to jointly approve both the November 13, 2012 regular meeting minutes and the minutes of the November 26, 2012 special meeting.  Ms. Loughlin seconded the motion, the Board voted and the motion was unanimously carried. 


    Mr. White made a motion to approve the revised schedule of payments, the motion was seconded by Mr. Rieber, the Board voted and the motion was unanimously carried. 


              Jennifer Brylinski

              Ms. Brylinski gave the Board an update on the progress of the Red Meat Processing Facility.  She advised that site work has been revised in order to stay within budget, that she met with Glenn Smith and had a conference call with him and the Department of Commerce regarding one of the grants associated with the project and that a Notice of Award was granted to the excavator of the project.  The next step which is anticipated soon is to issue a Notice To Proceed.  Mr. Garigliano also commented on the project regarding the grading of the parcel and item submitted to the DEC.  Mr. Barbuti asked if an official ground breaking will be held.  He was advised that, yes, there will be an official ground breaking ceremony at the appropriate time. 

              Ms. Brylinski reported that the IDA web site has been updated and that the work is also continuing on the SCFC’s web site. 

              Finally she advised that Ms. Hunt has started the yearly process of gathering employment numbers in preparation of billing the 2013 PILOTs. 

              Mr. Barbuti questioned if Hudson Valley Agri-Business (“HVAB”) is in its second year with the IDA.  The reply was, yes, it is.  There was a brief discussion regarding the HVAB. 

              Allan C. Scott

              Mr. Scott reported to the Board on his activities for the month which included, among other things, continuing talks with a possible restaurant/motel in the Village of Monticello, maintenance of monthly certificates of deposit, networking with several new loan projects, attendance at various closings throughout the month including the transfer from the Ag LDC to the IDA of a USDA grant in the amount of $175,000 relating to the Red Meat Processing Facility.  

    VI.       OLD BUSINESS

              Mr. Garigliano reported that the closing regarding the early termination of the KS Realty project occurred yesterday.  The transition between being an IDA project and the project’s return to the tax roll will be coordinated with the local taxing jurisdictions.  Mr. Garigliano gave Ms. Hunt a check for the 2013 Annual Lease payments and the pro-rated PILOT payment relating to the project’s termination. 

              Mr. Garigliano passed out to the Board a resolution authorizing and approving the execution and delivery of the Modification No. 1 to Fee and Leasehold Mortgage and related documents by Ideal Snacks Corporation and the IDA to Sovereign Bank, N.A. in an amount not to exceed $46,000,000.  On a motion by Mr. Rieber, seconded by Ms. Shaddock, the Board voted with Mr. Alport and Mr. Barbuti abstaining, and the resolution was passed. 

              Mr. Garigliano passed out to the Board a resolution authorizing and approving the execution and delivery of a Mortgage, Consolidation and Modification Agreement and related documents in an amount not to exceed $1,750,000 in favor of Catskill Hudson Bank relating to the A.K.L. Realty, LLC project.  Mr. Scott gave a brief background of the project to the Board.  On a motion by Mr. Rieber, seconded by Mr. Barbuti the Board voted and the resolution was unanimously passed. 

              Ms. Brylinski advised the Board that she is still awaiting a few more Board Evaluations.           


              Ms. Brylinski spoke to the Board regarding the meeting dates for 2013.  She advised that she reserves the Committee Room one year in advance to ensure that the IDA has the room every second Tuesday of the month.  She reviewed the meeting dates with the Board noting that the February meeting would be the third Tuesday of the month because of a holiday falling on the second Tuesday.  The Board unanimously agreed on the meeting dates. 

              Mr. Garigliano advised the Board that there may a need to call a special meeting between Christmas and New Year relating to the Concord and RSS Realty/S&S Waverly projects (RSS Realty/S&S Waverly being a former project of the IDA).  It was agreed that if there was a need for a special meeting, that Thursday, December 27, 2012 at 10:00 A.M. would be best for the majority of the Board.  There was a brief discussion regarding the Board’s schedule and the attendance of Board members by telephone. 

              Mr. Garigliano passed out to the Board a resolution authorizing the IDA to provide funding to the Partnership for Economic Development (“Partnership”) for the 4th quarter of 2012.  On a motion by Mr. Gold, seconded by Mr. Alport, the Board voted with Ms. Loughlin abstaining, and the resolution was passed. 

              There was a discussion which was initiated by Mr. Rieber regarding, among other things, the Partnership’s relationship with the IDA and the fact that there is a vacant seat on the Partnership Board which is earmarked for a member of the IDA.  Chairman Steingart will pursue which member will take the seat on the Partnership Board.  

              Chairman Steingart advised the Board that they will need to go into executive session regarding the  possible litigation matter relating to a former IDA    project, RSS Realty/S&S Waverly.  On a motion by   Ms. Shaddock, seconded by Mr. Rieber, the Board  voted and unanimously went into executive session at approximately 10:45 A.M. 

              On a motion by Ms. Loughlin, seconded by Mr. Barbuti the Board unanimously voted to come out of   executive session at approximately 10:57 A.M. 

    There was a discussion by the Board regarding, among other things, a recent meeting that Mr. Barbuti attended, current IDA policies, the public’s perception of the IDA, social media, jobs that have been created by IDA projects, policies the IDA has regarding new loan projects and possibly having new projects give a presentation to the Board.  

    Please note that Ms. Loughlin left the meeting at approximately 11:17 A.M.

    Ken Walter made general comments regarding Shepstone Management’s Cost/Benefit Analysis, a certain article in the New York Times and the education system in Sullivan County. 


    Chairman Steingart questioned the Board and those present if there were any further questions or comments.  There being none, on a motion by Mr. Alport, seconded by Mr. Barbuti, the Board voted and the meeting was adjourned at approximately 11:23 A.M. 

                                                              Respectfully submitted:
                                                              Elizabeth Hunt
                                                              Executive Assistant


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