March 18, 2014 – Resolution – Theowins LLC (Catskill Brewery) Sales Tax Exemption Extension

    RESOLUTION

                The regular meeting of the 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 March 18, 2014 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                            [           ]                       [           ]

    Edward T. Sykes                    [           ]                       [           ]

    Suzanne Loughlin                   [           ]                       [           ]

    Charles Barbuti, Jr.                 [           ]                       [           ]

    Steve White                            [           ]                       [           ]

    Sandy Shaddock                     [           ]                       [           ]

    Sean Rieber                             [           ]                       [           ]

     

    The following persons were also present:

    Allan C. Scott, Agency Chief Executive Officer

    Jennifer C.S. Brylinski, Agency Executive Director

    Jennifer M. Flad, Agency Vice-President of Government Affairs and

    Business Development

    Walter F. Garigliano, Agency General Counsel

    The following resolution was duly offered by ___________________, and seconded by ________________________, to wit:

    Resolution No. ___ – 14

    RESOLUTION EXTENDING THE SALES TAX ABATEMENT PERIOD FOR THE THEOWINS, LLC (“THEOWINS”), CATSKILL BREWERY, LLC (“CATSKILL”) AND GLOBAL NATURAL FOODS, INC. (“GLOBAL”) TOGETHER WITH THEOWINS AND CATSKILL COLLECTIVELY, THE “COMPANY”) PROJECT FROM APRIL 1, 2014 THROUGH AND INCLUDING SEPTEMBER 30, 2014 

    WHEREAS, the Agency was created by Chapter 560 of the Laws of 1970 of the State of New York, as amended, pursuant to Title I of Article 18-A of the General Municipal Law of the State of New York (collectively, the “Act”) as a body corporate and politic and as a public benefit corporation of the State of New York; and

    WHEREAS, on or about April 30, 2012, the Agency closed a sale/leaseback transaction with the Company consisting of the (i) acquisition, construction, reconstruction, renovation, rehabilitation, installation and equipping of a building to consist of approximately 5,250± square feet (which includes approximately 3,500± square feet of brewery space and approximately 1,750± square feet of office space) (“Building”) situate on one (1) parcel of real estate consisting of .61 acres to be located at 672 Old Route 17 in the Town of Rockland (“Town”), County of Sullivan (“County”) and State and identified on the tax map as Town Section 39, Block 2, Lot 10 (“Land”) and related facilities to be owned by the Agency; (ii) acquisition and installation thereon and therein of certain furniture, fixtures, machinery, equipment and tools (“Equipment”); (iii) construction of improvements to the Building, the Land and the Equipment (collectively, the Building, the Land and the Equipment are referred to as the “Facility” or the “Project”); and (iv) lease of the Facility to the Company; and

    WHEREAS, on or about April 1, 2013, the Company requested and the Agency approved the extension of the sales tax abatement period for the Project for six (6) months nunc pro tunc from March 26, 2013 to September 30, 2013; and

                WHEREAS, on or about October 1, 2013, the Company requested and the Agency approved the extension of the sales tax abatement period for the Project for another six (6) months nunc pro tunc from October 1, 2013 to March 31, 2014; and

    WHEREAS, the Company, by letter, dated March 3, 2014 requested that the sales tax abatement period for the Project be further extended for another six (6) months; and

    WHEREAS, the Agency contemplates authorizing the extension of the sales tax abatement period for an additional six (6) months from April 1, 2014 to September 30, 2014 for the purpose of facilitating the Company’s ongoing construction of the Project.

    NOW, THEREFORE, BE IT RESOLVED, that the sales tax abatement period for the Project be, and hereby is, extended from April 1, 2014 through and including September 30, 2014 to facilitate the Company’s ongoing construction of the Project.

    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

    Edward T. Sykes                    [    ] Yes         [    ] No        [    ] Absent        [    ] Abstain

    Suzanne Loughlin                   [    ] Yes         [    ] No        [    ] Absent        [    ] Abstain

    Charles Barbuti, Jr.                 [    ] Yes         [    ] No        [    ] Absent        [    ] Abstain

    Steve White                            [    ] Yes         [    ] No        [    ] Absent        [    ] Abstain

    Sandy Shaddock                     [    ] Yes         [    ] No        [    ] Absent        [    ] Abstain

    Sean Rieber                             [    ] Yes         [    ] No        [    ] Absent        [    ] Abstain

    The resolution was thereupon duly adopted.

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