March 27, 2012, Reconvened Meeting Minutes

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

    Tuesday, March 27, 2012

    I.         CALL TO ORDER

    Chairman Steingart called to order the reconvened meeting of the County of Sullivan Industrial Development Agency at approximately 10:05 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                                         Charlie Barbuti

    Harris Alport                                         Suzanne Loughlin

    Cindy Garlinghouse                                Raymond Walter

    Harold Gold                      

    Edward Sykes

    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

    “Gene” L. Benson, Sullivan County Legislator

    Steven Vegliante, Esq.

    Dan Hust, Sullivan County Democrat

    Leonard Sparks, Times Herald Record   






                Jennifer Brylinski

    Ms. Brylinski wished to comment on a few items.

    First, she advised the Board that she is in the final week of inputting a massive amount of required information into the PARIS Report, which is due by the end of the week.  She showed the Board her spread sheet which she uses to obtain certain figures that the PARIS Report requires.  

    She advised that the audit regarding the Sullivan County Funding Corporation has been completed.

    Regarding the Red Meat Processing Facility Ms. Brylinski informed the Board that it will be necessary to hire someone to manage the grants associated with the project. There are five grants, two of which the IDA currently administers.  There are many rules, regulations and requirements associated with these grants and it would be most beneficial to the project to have a third party dedicate themselves to those requirements.  

    Ms. Brylinski commented on an article that appeared in the River Reporter regarding the condition of a bridge located in the Town of Tusten, which is the domain of the Central New York Railroad (“CNYRR”) project.  Mr. Scott advised the Board that a similar request was made by the Town of Callicoon which he has since rectified.  Regarding the bridge in Tusten, he contacted Melanie Boyer of CNYRR, discussed the matter with her and in turn Ms. Boyer has been in contact with Carol Wingert, Supervisor of the Town of Tusten.  Ms. Wingert later advised Mr. Scott that she will be writing a letter to the IDA thanking them for their prompt response to the matter. 

    Finally, Ms. Brylinski wished to touch base on three different types of projects that have been discussed within the past two weeks. 

    First would be the Mogenavland LLC projects (Bethel and Tusten locations).  At the March 13th meeting the Board approved an extension of their sales tax abatement period.  Ms. Brylinski explained that the work that still has to be completed was part of their original application, so no new application or SEQR is required. 

    The second project would be Ideal Snacks Corporation (“Ideal Snacks”) which will be discussed further at today’s meeting.  Ideal Snacks has also asked for sales tax abatement due to an expansion which was not part of the original project.  That is why an application for the expansion was submitted and the Board will be reviewing SEQR. 

    The third and final project would be Theowins, LLC which is a proposed brewery located in Livingston Manor.  This is a totally new project and will require an application and SEQR will need to be conducted.

    VI.       OLD BUSINESS



                Ms. Brylinski addressed the Board regarding the Ideal Snacks expansion project.  Mr. Garigliano passed out a resolution to the Board appointing Ideal Snacks as agent of the IDA for the purpose of constructing and equipping an approximately 20,000 +/- sq. ft. expansion to Ideal Snack’s present manufacturing facility; making certain findings and determinations with respect to that construction; and authorizing the execution and delivery of a Third Omnibus Amendment to the Project Documents and related documents between the IDA and Ideal Snacks.  There was some discussion regarding the Cost Benefit Analysis and Ideal Snacks’ Empire Zone status.  Ms. Brylinski advised the Board that the IDA was not an involved agency during the Village of Liberty SEQR process so they would have to conduct their own review.  She reminded the Board that they were previously forwarded the SEQR for their review and comments.  The Board approved a negative declaration regarding SEQR.  Mr. Garigliano also advised that a negative declaration has been included in the resolution.  On a motion by Mr. Sykes, seconded by Mr. Gold, the Board voted with Mr. Alport abstaining from the vote, and the resolution was passed. 

               Mr. Garigliano passed out to the Board a resolution appointing Theowins, LLC, Catskill Brewery, LLC and Global Natural Foods, Inc. as agent of the IDA for the purpose of acquiring, constructing, installing and equipping the facility; making certain findings and determinations with respect to the facility and authorizing the execution and delivery of an Agent Agreement and related documents.  Mr. Garigliano advised that a change will be made to the resolution, specifically to Section 4(E) , in the first sentence, the word “Company” needs to be changed to “Global”.  This simply was a typographical error due to the time constraints of having to get the resolution posted on the IDA’s web site.  Ms. Brylinski reminded the Board that they were previously forwarded the SEQR for their review and comments. There was a brief discussion regarding the SEQR, which the Board approved a negative declaration and which is also included in the resolution, the Cost Benefit Analysis, the project type, the number of jobs created and retained and the Intermunicipal Move Affidavit of Randy Lewis.  On a motion by Ms. Garlinghouse, seconded by Mr. Sykes, the Board voted and the resolution was unanimously passed. 

              Mr. Garigliano wished to address the Board regarding two items, one of which is a resolution.

              First he passed out to the Board a resolution authorizing and approving the execution and delivery of a Modification Agreement and related documents in favor of Lloyd Oretsky relating to the PTNY Realty Estate LLC mortgage to Bridgeville Realty Corp in the original principal amount of $1,475,000.  Mr. Garigliano explained that this was simply a modification of the existing mortgage.  On a motion by Mr. White, seconded by Mr. Sykes, the Board voted and the resolution was unanimously passed. 

              The second item was to update the Chairman and Board members of the status of the RH Lodging Services, LLC project.  Previously this matter was discussed in executive session but since then contractual negotiations have been resolved and now this item can be discussed in open session. Mr. Garigliano advised that as instructed, Ms. Hunt pulled down on the Letter of Credit and has received the check.  The check is approximately $3,000 +/- short of the total 2012 PILOT amount.  Mr. Vegliante then addressed the Board that his client, RHH Land, will be the purchaser of the Lodge at Rock Hill facility.  He explained that part of the contract included that the short­-fall regarding the 2012 PILOT will be paid by his client.  He advised the Board on several points which including, among other things, the timeframe for the re-opening of the facility and the cosmetic renovations that will be done on the property.  It was authorized by Chairman Steingart for Ms. Brylinski to set up a public hearing regarding the project.  It was determined that the regular April 2012 meeting will have to be reconvened until Tuesday, April 17, 2012 at 11:00 A.M.  The reconvened meeting has to do with the coordination of the dates regarding the closing date deadline (no later than April 27th)  and the public hearing. 


    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 Mr. Alport the Board voted and the meeting was recessed at approximately 10:43 A.M.  

                                                               Respectfully submitted:

                                                                Elizabeth A. Hunt       

                                                                Executive Assistant

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