(Veria Lifestyle, Inc. Project)
A meeting of 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 November 12, 2013, 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:
Ira Steingart [ X ] [ ]
Harold Gold [ ] [ X ]
Edward T. Sykes [ X ] [ ]
Suzanne Loughlin [ X ] [ ]
Charles Barbuti, Jr. [ X ] [ ]
Harris Alport [ X ] [ ]
Steve White [ X ] [ ]
Sandy Shaddock [ X ] [ ]
Sean Rieber [ X ] [ ]
The following persons were also present:
Jennifer Brylinski, Agency Executive Director
Shawn M. Griffin, Agency Counsel
The following resolution was duly offered by Suzanne Loughlin, and seconded by Edward T Sykes, to wit:
Resolution No. 37 – 13
RESOLUTION OF THE COUNTY OF SULLIVAN INDUSTRIAL DEVELOPMENT AGENCY APPROVING THE FINANCIAL ASSISTANCE PROVIDED BY THE AGENCY TO THE COMPANY IN EXCESS OF $100,000 AFTER CONSIDERING COMMENTS MADE AT A PUBLIC HEARING HELD IN ACCORDANCE WITH THE ACT (AS DEFINED BELOW) ON NOVEMBER 6, 2013
WHEREAS, by Title 1 of Article 18-A of the General Municipal Law of the State of New York, as amended, and Chapter 560 of the Laws of 1970 of the State of New York, (hereinafter collectively called the “Act”), COUNTY OF SULLIVAN INDUSTRIAL DEVELOPMENT AGENCY (hereinafter called the “Agency”) was created with the authority and power to promote, develop, encourage and assist in acquiring, constructing, reconstructing, improving, maintaining, equipping and furnishing industrial, manufacturing, warehousing, commercial, civic, research, and recreational facilities as authorized by the Act, and in connection therewith to issue its revenue bonds, enter into straight lease transactions and provide other forms of financial assistance; and
WHEREAS, VERIA LIFESTYLE, INC., for itself or on behalf of one or more entities now existing or to be formed by it or on its behalf (collectively, the “Company”) has submitted an application (the “Application”), a copy of which is on file with the Agency, requesting the Agency’s assistance with respect to a certain project (the “Project”) consisting of: (i) the acquisition by the Agency of a leasehold interest in approximately 22 parcels of land containing in the aggregate approximately 1,310 acres located in the Town of Thompson, Sullivan County, New York, and being comprised of the commonly known Kutsher’s Country Club, Camp Anawana, Camp Sherwood, Old Liberty Road Sewer Treatment Plant, Fair Hills Bungalow Colony and Kutschers Country Club Golf Course, all as more particularly identified in the Company’s Application (collectively, the “Land”) and the existing building, buildings, structure or structures located thereon (collectively, the “Existing Improvements”), (ii) the demolition of certain of the Existing Improvements (the “Building Improvements”), (iii) the construction, reconstruction, renovation and/or repair of water and sewer infrastructure located on the Land (the Infrastructure Improvements”), and (iv) the acquisition and installation by the Company in and around the Existing Improvements, the Building Improvements and the Infrastructure Improvements of certain items of equipment and other tangible personal property (the “Equipment” and, collectively with the Land, the Existing Improvements, the Building Improvements and the Infrastructure Improvements, the “Facility”); and
WHEREAS, pursuant to Article 18-A of the General Municipal Law the Agency adopted an Inducement Resolution on October 15, 2013 and thereafter held the contemplated public hearing on November 6, 2013 and at this time desires to adopt a resolution describing the Project and the financial assistance that the Agency is contemplating with respect to the Project; and
WHEREAS, pursuant to the New York State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law and the regulations adopted pursuant thereto at 6 N.Y.C.R.R. Part 617, as amended (collectively referred to as “SEQRA”), the Agency permitted certain emergency actions with its October 15, 2013 resolution and has since established itself as lead agency satisfy the applicable requirements set forth in SEQRA, as necessary, such that a final determination can be made at this time with respect to the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE COUNTY OF SULLIVAN INDUSTRIAL DEVELOPMENT AGENCY AS FOLLOWS:
Section 1. The Agency authorized emergency actions under the October 8, 2013 resolution and thereafter by letter in the form attached hereto as Exhibit B distributed a thirty (30) day notice of intent to be lead agency under SEQRA to the Public Service Commission (“PSC”), the only other entity that was considered a potential involved agency at this time for actions contemplated by this resolution. The Agency hereby finds that the Project involves a Type I Action under SEQRA as that term is defined by 6 NYCRR §617.2. The Agency is acting as Lead Agency pursuant to SEQRA and conducting a Coordinated Review pursuant to 6 NYCRR §617.6 Based upon a thorough and comprehensive review by the Agency of the Application, Full Environmental Assessment Form attached hereto as Exhibit C and related documents delivered by the Company to the Agency, as well as other representations made by the Company to the Agency in connection with the Project, incuding but not limited to that the Project as described does not currenlty include construction of residential facilities or other amenities that will be the subject of later submissions to the Town of Thompson, the Agency hereby finds that the Project will result in no potential significant adverse environmental impacts requiring the preparation of an environmental impact statement for the action. Thus, the Agency issues a Negative Declaration for the action pursuant to 6 NYCRR 617.7 of the SEQRA findings.
Section 2. After considering the comments made at the public hearing, a summary of which are attached hereto as Exhibit D, the Agency hereby reconfirms its finding that the Project constitutes a “tourism destination” as defined in Section 862(2) of the Act.
Section 3. The Agency heereby authorizes the execution and delivery of the Lease Agreement, Leaseback Agreement, Agent Agreement and PILOT Agreement, and Financial Assistance in excess of $100,000 all as described in the October 15, 2013 resolution of the Agency.
Section 4. Subject to the terms of this Resolution, the Chairman, Vice Chairman, and/or the Chief Executive Officer are hereby authorized, on behalf of the Agency, to execute and deliver the Agent Agreement and Sales Tax Exemption Letter, the Lease Agreement whereby the Company leases the Project to the Agency, the related Leaseback Agreement conveying the Project back to the Company, and the PILOT Agreement; provided, that, (i) the rental payments under the Leaseback Agreement include payments of all costs incurred by the Agency arising out of or related to the Project and indemnification of the Agency by the Company for actions taken by the Company and/or claims arising out of or related to the Project; and (ii) the terms of the PILOT Agreement are consistent with the Agency’s Uniform Tax Exemption Policy or the procedures for deviation have been complied with.
Section 5. The officers, employees and agents of the Agency are hereby authorized and directed for and in the name and on behalf of the Agency to do all acts and things required and to execute and deliver all such certificates, instruments and documents, to pay all such fees, charges and expenses and to do all such further acts and things as may be necessary or, in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the foregoing resolutions and to cause compliance by the Agency with all of the terms, covenants and provisions of the documents executed for and on behalf of the Agency.
Section 6. These Resolutions shall take effect immediately.
The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows:
The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Ira Steingart [ X ] Yes [ ] No [ ] Absent [ ] Abstain
Harold Gold [ ] Yes [ ] No [ X ] Absent [ ] Abstain
Edward T. Sykes [ X ] Yes [ ] No [ ] Absent [ ] Abstain
Suzanne Loughlin [ X ] Yes [ ] No [ ] Absent [ ] Abstain
Charles Barbuti, Jr. [ X ] Yes [ ] No [ ] Absent [ ] Abstain
Harris Alport [ X ] Yes [ ] No [ ] Absent [ ] Abstain
Steve White [ X ] Yes [ ] No [ ] Absent [ ] Abstain
Sandy Shaddock [ X ] Yes [ ] No [ ] Absent [ ] Abstain
Sean Rieber [ ] Yes [ ] No [ ] Absent [ X ] Abstain
The resolutions were thereupon duly adopted.
STATE OF NEW YORK :
COUNTY OF SULLIVAN :
I, the undersigned Secretary (Assistant) of the Agency DO HEREBY CERTIFY THAT:
1. I have compared the foregoing copy of a resolution of the Agency with the original thereof on file in the office of the Agency, and that the same is a true and correct copy of such resolution and of the proceedings of the Agency in connection with such matter.
2. Such resolution was passed at a meeting of the Agency duly convened in public session on the 12th day of November, 2013 at 10:00 a.m. at the Sullivan County Government Center, 100 North Street, Village of Monticello, New York 12701, at which the question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows:
Ira Steingart [ x ] Yes [ ] No [ ] Absent [ ] Abstain
Harold Gold [ ] Yes [ ] No [ x ] Absent [ ] Abstain
Edward T. Sykes [ x ] Yes [ ] No [ ] Absent [ ] Abstain
Suzanne Loughlin [ x ] Yes [ ] No [ ] Absent [ ] Abstain
Charles Barbuti, Jr. [ x ] Yes [ ] No [ ] Absent [ ] Abstain
Harris Alport [ x ] Yes [ ] No [ ] Absent [ ] Abstain
Steve White [ x ] Yes [ ] No [ ] Absent [ ] Abstain
Sandy Shaddock [ x ] Yes [ ] No [ ] Absent [ ] Abstain
Sean Rieber [ ] Yes [ ] No [ ] Absent [ x ] Abstain
and therefore, the resolution was declared duly adopted.
I FURTHER CERTIFY that (i) all members of the Agency had due notice of said meeting, (ii) pursuant to Sections 103a and 104 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public and public notice of the time and place of said meeting was duly given in accordance with such Sections 103a and 104, (iii) the meeting in all respects was duly held, and (iv) there was a quorum present throughout.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the ____ day of November, 2013. ____________________________________