COUNTY OF SULLIVAN INDUSTRIAL DEVELOPMENT AGENCY
One Cablevision Center Ferndale, New York 12734
(845) 295-2603 – telephone
(845) 295-2604 – fax
REGULAR MEETING MINUTES
Monday, February 8, 2016
I. CALL TO ORDER
Chairman Steingart called to order the regular meeting of the County of Sullivan Industrial Development Agency at approximately 11:10 am, in the Legislative Committee Room at the Sullivan County Government Center, Monticello, New York.
II. ROLL CALL
Members Present- Members Absent-
Ira Steingart Scott Smith
Howard Siegel Suzanne Loughlin*
Sean Rieber Paul Guenther*
*Ms. Loughlin and Mr. Guenther telephoned in for discussion only.
Staff Present- Staff Absent-
Julio Garaicoechea, Project Manager Jennifer C.S. Brylinski, Exec. Dir.
Jen Flad, VP Govt. Affairs & Bus. Devt.
Steve White, Agency CEO
Walter F. Garigliano, Esq., Agency Legal Counsel
Tara Lewis, Garigliano Law Offices
Joseph Perrello, Sullivan County Legislator
III. APPROVAL OF MEETING MINUTES
Mr. Sykes made a motion to approve the minutes of the January 11, 2016 regular meeting. Ms. Roig seconded the motion, the Board voted and the minutes of the meeting were unanimously approved.
IV. BILLS AND COMMUNICATIONS
Staff distributed a revised schedule of payments. Mr. Siegel made a motion to approve the revised schedule. Mr. Sykes seconded, the Board voted and the revised schedule was unanimously approved. Chairman Steingart added that the Agency recently distributed over $1.5 million in PILOT payments to the taxing jurisdictions.
V. DIRECTORS’ REPORTS
Chairman Steingart asked for any questions regarding the Executive Director’s report, which was distributed with the agenda packet. There were no questions.
VI. OLD BUSINESS
Chairman Steingart referred to the Deb El Food Products, LLC request for a sales tax exemption extension. Mr. Garigliano noted that Deb El requested a one year extension, but the Agency prefers to issue six month extensions. He added that the Agent Agreement envisions a five year period for project completion. The project is ongoing and the Board expects more extension requests in the future. Chairman Steingart asked for a motion to discuss the resolution. Mr. Sykes made a motion, which was seconded by Mr. Siegel. There was no discussion. The Board voted and the resolution to issue a six month extension was unanimously approved.
Chairman Steingart asked for a motion to discuss the Catskill Distilling Co. Ltd. request for a sales tax exemption extension. Mr. Sykes made a motion, which was seconded by Mr. Barbuti. Mr. Garigliano noted that the project is currently bulding a water tower. The Board voted and the resolution to issue a six month extension was unanimously approved.
VII. NEW BUSINESS
Mr. Garigliano handed out a resolution regarding the transfer of property from EPR Concord II, L.P. to Catskill Regional Medical Center. He noted the Master Development and Agent Agreement with EPR authorizes EPR to install infrastructure and improvements, so that it can sell or lease land to other entities. The proposed transaction today is for the sale of approximately 13.8 acres to Catskill Regional Medical Center. The Agency is asked to acknowledge the transfer, and to amend EPR’s PILOT Agreement PILOT payment to reflect the transfer. Chairman Steingart asked for a motion to discuss the resolution. Mr. Barbuti made a motion, which was seconded by Mr. Rieber. There was no discussion. The Board voted and the resolution was unanimously approved. Chairman Steingart added that the County Legislature is expected to create the new Sullivan County Local Development Corporation to facilitate bonding for the Adelaar Resort Project later this month. The IDA Board members will comprise the Board of the new SCLDC.
Mr. Garigliano handed out a resolution authorizing the transfer of the 457 Equities, LLC project to a new entity, 457 Equities Monticello Corp., and authorizing the new entity to enter into a mortgage in favor of Wayne Bank. Mr. Barbuti made a motion to discuss the resolution. Mr. Rieber seconded the motion. Board members discussed 457 Equities LLC’s obligations to the Agency. The project is not current on its PILOT obligations but is making installment payments as required by the workout agreement approved by the Agency. The Agency will require the new entity to agree to a new set of project documents to reflect the transfer of the project and the new mortgage. The Board voted and the resolution was unanimously approved.
Mr. Garigliano handed out a resolution authorizing the transfer of the Plastic Technologies of New York, LLC and PTNY Real Estate LLC project to Bridgeville Office Centre, LLC. He stated that this resolution will formally remove PTNY, which is bankrupt, from the project documents. He reminded the Board that since PTNY’s bankruptcy, Bridgeville Office Centre has worked with the Agency to develop a food hub at the project location. It now appears that the food hub will not be developed there, and Bridgeville Office Centre has requested that the Agency amend and restate the lease to establish a direct contractual relationship between the Agency and Bridgeville Office Centre. Chairman Steingart asked for a motion to discuss the resolution. Mr. Barbuti made a motion, which was seconded by Mr. Siegel. Mr. Rieber disclosed that the principal of Bridgeville Office Centre is an occasional client of Mr. Rieber’s business. Board members asked for clarification and Attorney Garigliano stated that this resolution will reassure Bridgeville Office Centre that it has total control of the relationship with the Agency. If another entity wishes to develop a project in the part of the building that PTNY previously proposed to use, that new entity will need to get Agency approval to do so. There being no further discussion, the Board voted and the resolution was unanimously approved.
Chairman Steingart asked where there was any other business. Mr. White inquired about the status of the proposed new Uniform Tax Exempt Policy regarding the arts community. Board members noted that Chairman Steingart has appointed a committee comprised of Mr. Rieber, Mr. Siegel and Ms. Loughlin. The committee plans to meet in the coming weeks and will update the Board at its March meeting.
The Board recognized the comments of Ken Walter.
Mr. Barbuti made a motion to enter Executive Session to discuss the proposed lease of real property, specifically the red meat facility. Mr. Sykes seconded the motion and the Board entered Executive Session at approximately 11:31 am.
On a motion made by Mr. Barbuti and seconded by Mr. Steingart, the Board came out of Executive Session at approximately 12:06 pm.
On a motion made by Mr. Barbuti and seconded by Mr. Sykes, the meeting was adjourned at approximately 12:06 pm.
Jen Flad, VP Govt. Affairs & Business Development