October 8, 2013 Meeting Minutes

    COUNTY OF SULLIVAN INDUSTRIAL DEVELOPMENT AGENCY
    One Cablevision Center
    Ferndale, New York 12734
    (845) 295-2603 – telephone
    (845) 295-2604 – fax 

    (REVISED) MEETING MINUTES
    Tuesday, October 8, 2013 

    I.         CALL TO ORDER

    Secretary Sykes called to order the regular meeting of the County of Sullivan Industrial Development Agency at approximately 10:08 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-                                               

    Suzanne Loughlin                                   Ira Steingart

    Charles Barbuti                                       Steve White            

    Harris Alport                                        

    Harold Gold (please note that Mr. Gold arrived at 10:16 am)               

    Edward Sykes

    Sean Rieber

    Sandy Shaddock      

              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

    Ken Walter

    Gene Benson, SC Legislature

    Isaac Green Diebboll, Community Film Depot         

              Please be advised that not all attendees were present for the entire      meeting. 

    III.      APPROVAL OF MINUTES

    Mr. Barbuti made a motion to approve the minutes of the September 10, 2013 regular meeting and the September 12, 2013 reconvened meeting.  Mr. Alport seconded the motion, the Board voted and the motion was unanimously carried. 

    IV.       BILLS AND COMMUNICATIONS

    Ms. Loughlin made a motion to approve the revised schedule of payments, the motion was seconded by Ms. Shaddock, the Board voted and the motion was unanimously carried. 

    V.        DIRECTORS’ REPORTS

              Jennifer Brylinski

                Ms. Brylinski noted that the red meat facility property had been transferred from the Village of Liberty to the IDA, and that a         groundbreaking ceremony will be held on Thursday, October 10,  2013 at 4:00 pm.  The Agency sent approximately 200 invitations  and hopes for a good turnout at this important event. 

              Allan Scott

              Mr. Scott stated that the former Delaware Valley Central School property has been sold, and that there exists the possibility of future IDA involvement as that project develops.  He received a call from Superintendent Nancy Hackett, thanking him for the Agency’s work on the project.  Mr. Scott and Ms. Flad attended a meeting of the Town of Delaware Town Board during September.  Mr. Scott continues to work on various current and potential projects throughout the County, including several tourism destination projects and a manufacturing project.  He continues to manage the Agency’s investments.                    

    VI.       OLD BUSINESS

                Ms. Brylinski reminded the Board that the draft budget had been          circulated to members at the September meeting.  While a public  hearing is not required, Ms. Brylinski held a public hearing on  October 1 and circulated the draft budget and notice of hearing to various entities throughout the County.  Pending verbal approval of  the budget, she must submit the budget to the Authorities Budget   Office by November 1.  Board members discussed various aspects  of the budget.  Mr. Barbuti made a motion to approve the 2014  budget, Ms. Loughlin seconded the motion, the Board voted and           the motion was unanimously carried. 

    VII.     NEW BUSINESS

                Secretary Sykes asked for a motion to approve the third quarter 2013 payment to the Sullivan County Partnership for Economic Development.  Ms. Loughlin disclosed that she serves on the Board of the Partnership.  Mr. Alport made a motion to approve the resolution.  The motion was seconded by Mr. Barbuti, the Board voted and the resolution was adopted with Ms. Loughlin abstaining for the reason described above.         

              At this point, Mr. Gold entered the meeting.

              Secretary Sykes asked for a resolution approving the appointment of Harris Beach LLP as special counsel for the Veria Lifestyle, Inc. project. Ms. Brylinski distributed the project application to Board members.  Attorney Garigliano explained that this project is for the prospective purchase of the former Kutsher’s resort property.  He also stated that Mr. Rieber will abstain from voting on resolutions regarding this project, because he conducted an appraisal on the property.  Mr. Alport disclosed that, while has no relationship to the Veria Lifestyle project, he did have a business relationship with the Kutsher family.  Attorney Garigliano stated that the current resolution is to approve the hiring of outside counsel for the project, and is not related to the actual project.  Ms. Loughlin made a motion to approve the resolution.  The resolution was seconded by Ms. Shaddock, the Board voted and the resolution was approved with Mr. Rieber abstaining for the reason described above.         

              Secretary Sykes asked for a resolution approving the appointment of Harris Beach LLP as special counsel for the Monticello Motor Club project.  Mr. Rieber made a motion to approve the resolution.  The motion was seconded by Mr. Barbuti, the Board voted and the resolution was unanimously approved.         

              Secretary Sykes asked for a resolution authorizing the Chairman of the Agency to sign an option agreement with regard to the Food Hub project.  Mr. Rieber inquired whether the resolution relates to the proposed project site, and Attorney Garigliano replied in the affirmative.  Mr. Rieber disclosed that he has an ongoing business relationship with the owner of the project site.  Attorney Garigliano handed out a revised resolution.  He described the project funding, including the Agency’s investment, existing USDA RBEG and RBOG grants, and the pending CFA application with New York State.  The project has been selected as apriority project for CFA funding because it spans two regions.  Given this progress, the Agency is encouraged to enter into a formal option agreement for the purchase of a project site in Glen Wild.  Attorney Garigliano requested that the resolution be amended to include the Vice Chairman to the list of individuals authorized to execute and deliver the option agreement, because the Chairman and CEO are both out of the area at present.  Ms. Shaddock made a motion to amend the resolution to authorize the Vice Chairman to execute and deliver the option agreement.  The motion was seconded by Mr. Barbuti, the Board voted and the motion was passed with Mr. Rieber abstaining for the reason described above.  Ms. Shaddock then made a motion to approve the resolution as amended.  The motion was seconded by Mr. Barbuti, the Board voted and the resolution was passed with Mr. Rieber abstaining for the reason described above. 

    Ms. Shaddock asked a question about the future of the Uniform Tax Exempt Policy and how possible future revisions would affect IDA projects.  Attorney Garigliano replied that the Agency will likely see several requests from projects, to request assurances from the Agency that the UTEP as it pertains to the project will not be amended for a given period of time.  Members discussed that projects rely on the UTEP incentives and make development decisions based on the incentives that the Agency offers, so such requests are reasonable and many IDAs give these assurances for varying periods of time.

    Secretary Sykes asked if there was any public comment.  Sonja Hedlund inquired whether the proposed school on the former Delaware Valley Central School property will be a for-profit school, and Mr. Scott replied that it will be.  Ms. Hedlund then asked for an update on the curd plant.  Attorney Garigliano replied that the curd plant is not an IDA project, but rather a project of the Sullivan County Planning Division.  Star Hesse asked whether the red meat facility ground breaking will be for site work only, or also for building construction.  Ms. Brylinski replied that the ground breaking is for site work only. 

    VIII. ADJOURNMENT (RECESS)

                Attorney Garigliano stated that, at the request of Chairman Steingart, this meeting will be recessed until Tuesday, October 15. At that time, special counsel from Harris Beach will be present and further discussion of the Veria Lifestyle, Inc., Monticello Motor Club and EPT Concord projects will be had. 

    On a motion by Mr. Rieber and seconded by Ms. Shaddock, at approximately 10:36 am the meeting was recessed until 10:00 am on Tuesday, October 15, 2013.  

    Respectfully submitted:

    Jen Flad
    IDA VP, Business Development  

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