COUNTY OF SULLIVAN INDUSTRIAL DEVELOPMENT AGENCY
One Cablevision Center
Ferndale, New York 12734
(845) 295-2603 – telephone
(845) 295-2604 – fax
MEETING MINUTES
Tuesday, July 9, 2013
Prior to Chairman Steingart calling the meeting to order, the Board had a discussion with Cheryl McCausland, Sullivan County Senior Assistant County Attorney. Chairman Steingart had asked Ms. McCausland to attend the meeting to provide clarification of the County’s newly enacted Ethics Law as it regards the Board/Officers of the Sullivan County Industrial Development Agency. The Board was specifically interested in hearing about what creates a conflict of interest and at what level of interest would a Board Member have to recuse themselves from any involvement in, discussion of, or vote upon a matter. Ms. McCausland stated that each Board Member would have to determine case by case when an interest in a matter would conflict with or impair the proper discharge of their official duties. A Board Member with a possible conflict of interest should inform the IDA Board that such a conflict may exist. Ms. McCausland informed the Board that a Member may request an advisory opinion from the County’s Board of Ethics if further specific explanation was needed.
I. CALL TO ORDER
Chairman Steingart called to order the regular meeting of the County of Sullivan Industrial Development Agency at approximately 10:18 A.M., which was held in the Legislative Hearing Room at the Sullivan County Government Center, Monticello, New York.
II. ROLL CALL
Members Present- Members Absent-
Ira Steingart Suzanne Loughlin
Sandy Shaddock Charles Barbuti
Harold Gold Harris Alport
Sean Rieber
Edward Sykes
Steve White
Staff Present- Staff Absent-
Jennifer C.S. Brylinski, Exec. Director None
Jen Flad, VP Business Development
Others Present-
Allan C. Scott, ALSCO Management, Inc. /Consultant /IDA CEO
Walter F. Garigliano, Esq., Agency Legal Counsel
Tara Lewis, Garigliano Law Offices
Jill Weyer, SC Planning & Environmental Management
Star Hesse
Steve Poley
Please be advised that not all attendees were present for the entire meeting.
Chairman Steingart requested that the Board make a donation in memory of Ms. Loughlin’s son, and requested a moment of silence.
Mr. Gold made a motion to go into executive session, the motion was seconded by Mr. Sykes, the Board voted and the motion was unanimously carried. The Board went into executive session at approximately 10:23 A.M.
On a motion by Mr. Rieber, seconded by Ms. Shaddock, the Board came out of executive session at approximately 10:44 A.M.
III. APPROVAL OF MINUTES
Mr. Sykes made a motion to approve the minutes of the June 11, 2013 regular meeting. Ms. Shaddock seconded the motion, the Board voted and the motion was unanimously carried.
IV. BILLS AND COMMUNICATIONS
Mr. Sykes made a motion to approve the schedule of payments, the motion was seconded by Mr. Gold, the Board voted and the motion was unanimously carried.
V. EXECUTIVE DIRECTORS’ REPORTS
Jennifer Brylinski
Ms. Brylinski advised the Board that the IDA’s two USDA RBOG applications have been selected for funding. These include an $89,353 application for development of a food hub, and a $50,000 application for development of the red meat processing facility. She reminded the Board that these grants are in addition to the June award of a $213,400 RBEG which is also for the development of the food hub. She emphasized that Jen Flad, the SC Planning Division, the SC Department of Grants Administration, Todd Erling of HVADC and Christina Grace have spent a great deal of time and effort on these applications over the past few weeks, and all of their contributions were instrumental in securing the grants.
A discussion of the food hub and red meat facility projects followed. Attorney Garigliano stated that the next step in the development of the food hub is the preparation and submittal of an application under New York’s CFA (Consolidated Funding Application) program. He added that there is no official word yet on the food hub or red meat RBOGs, and that the IDA will hold its press release until an official announcement has been made.
Regarding the red meat facility, Mr. Garigliano said that the next step is to meet with the Village of Liberty next week to finalize the real estate transfer. In the coming weeks, the IDA will meet with the engineer and the general contractor who will do the site work. The IDA anticipates breaking ground in August. As the process moves forward, the IDA anticipates that Glenn Smith will submit a proposal to coordinate the RFP for building design. Mr. Garigliano emphasized that the building design will likely be bid in alternates. This is because the budget for building design will depend on the amount of funding left after site work has been completed.
Ms. Hesse inquired whether the IDA would seek additional funding or technical assistance to make the facility humane. Mr. Garigliano replied that the IDA will construct a building that will be leased to an operator, and nothing in the IDA’s design or construction will preclude the operator from incorporating any humane practices and components. The site plan has been approved and we cannot deviate from it. When the time comes for selecting an operator, the Board might desire to give priority consideration to operators who will employ humane techniques, but the IDA must comply with the requirements of the project funders in its bidding and procurement practices.
A discussion of incorporating humane slaughter into the facility design ensued. The Board discussed convening a small group of experts to make suggestions on how to write the RFP for a facility operator.
VI. OLD BUSINESS
Ms. Brylinski requested that the Board appoint Jen Flad as Chief Financial Officer of the IDA. By law, the positions of CEO, CFO and COO must be held by three individual persons, and currently the position of CFO is vacant. Mr. Rieber made a motion to appoint Jen Flad as CFO, the motion was seconded by Mr. Sykes, the Board voted and the motion was unanimously carried.
VII. NEW BUSINESS
Mr. Garigliano passed out to the Board a resolution authorizing the execution and delivery of a mortgage with Hudson Valley Federal Credit Union relating to Arthur Glick Truck Sales, Inc. The Company seeks to refinance its existing debt with Catskill Hudson Bank through Hudson Valley Federal Credit Union. On a motion from Mr. Sykes, seconded by Mr. Rieber, the Board voted and the resolution was unanimously passed.
Mr. Garigliano passed out to the Board a resolution authorizing the execution and delivery of a mortgage with Catskill Hudson Bank relating to Addenbrooke, LLC. The Company seeks to refinance its existing debt with Catskill Hudson Bank. On a motion from Mr. Rieber, seconded by Mr. White, the Board voted and the resolution was unanimously passed.
Mr. Garigliano explained the details of a request by Camp HASC (Hebrew Academy for Special Children) to have the IDA approve and authorize HASC to redeem bonds issued by the IDA in accordance with their agreement with the IDA. The approval authorizes the Chairman or CEO to sign the termination agreement and any other documents necessary to retire the bonds. There is no PILOT, and the IDA has collected all required fees associated with the bond issuance. On a motion from Ms. Shaddock, seconded by Mr. Sykes, the Board voted and the approval was unanimously passed.
Mr. Garigliano reiterated the details of a deferred payment agreement agreed to between Poley Paving Corporation / Brynn Dyl, LLC and the IDA. The approval authorizes counsel to prepare a deferred payment agreement, secured by PILOT mortgage, with Poley Paving Corporation/ Brynn Dyl, LLC. On a motion from Mr. Rieber, seconded by Mr. Sykes, the Board voted and the approval was unanimously passed.
Mr. Garigliano outlined the details of a deferred payment agreement to be prepared between PTNY Real Estate LLC / Plastic Technologies of New York, LLC and the IDA. The approval authorizes counsel to prepare a deferred payment agreement, secured by a PILOT mortgage, with PTNY. On a motion from Mr. Sykes, seconded by Mr. Gold, the Board voted and the approval was unanimously passed.
VIII. ADJOURNMENT
Chairman Steingart questioned the Board and those present if there were any further questions or comments. There being none, on a motion by Mr. Sykes, seconded by Ms. Shaddock, the Board voted and the meeting was recessed at approximately 11:25 am.
A previously scheduled meeting of the County of Sullivan Industrial Development Agency and Sullivan County Funding Corporation Governance Committees that was originally scheduled for immediately following the IDA meeting was cancelled because of lack of a committee quorum. The meeting will be rescheduled at a future date.
Respectfully submitted:
Jen Flad
IDA VP Business Development
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