Resolution: Deb El Food Products Sales Tax Extension


    A regular 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 February 8, 2016 at 11:00 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                            [    x      ]                       [          ]

    Edward T. Sykes                    [     x     ]                       [          ]

    Suzanne Loughlin                   [           ]                       [    x      ]

    Sean Rieber                             [     x     ]                       [           ]

    Charles Barbuti, Jr.                 [    x      ]                       [          ]

    Scott Smith                             [          ]                       [    x      ]

    Howard Siegel                       [    x      ]                       [           ]

    Carol Roig                               [     x     ]                       [           ]

    Paul Guenther                         [          ]                       [     x     ]

    The following persons were also present:

    Steve White, Chief Executive Officer

    Jennifer Flad, Agency Vice-President of Government Affairs and Business Development

    Julio Garaicoechea, Agency Project Manager

    Walter F. Garigliano, Agency General Counsel

    The following resolution was duly offered by Edward Sykes, and seconded by Howard Siegel to wit:

    Resolution No. 03 – 16


    WHEREAS, by Title 1 of Article 18-A of the General Municipal Law of the State of New York (“State”), as amended, and Chapter 560 of the Laws of 1970 of the State, as amended and codified as Section 960 of the General Municipal Law (collectively, the “Act”), the Agency was created with the authority and power to own, lease and sell property as authorized by the Act; and

    WHEREAS, on or about September 1, 2015, the Agency closed a lease/leaseback transaction consisting of the: (i) the construction of building additions to the preexisting egg processing facility (“Existing Building”) to include (a) a 20,000 square foot cooler; (b) a 6,000 square foot freezer; (c) a 2,000 square foot shell room; (d) a 19,580 square foot warehouse and loading dock; (e) a 6,770 square feet of office space; and (f) 2,400 square feet for a processing area (“Additions” together with the Existing Building collectively, the “Building”) situate on one (1) parcel of real estate consisting of 164.5 acres to be located at 63 Kutger Road, Town of Thompson, County of Sullivan, State of New York and identified on the Town of Thompson’s tax map Section 16, Block 1, Lot 12 (“Land”); (ii) the construction and equipping of the Building; (iii) acquisition, construction and installation thereon and therein of certain furniture, fixtures, machinery, equipment and tools (“Equipment”); (iv) 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 (v) lease of the Facility from the Agency to the Company; and

    WHEREAS, the Company by Letter, dated February 2, 2016, requested that the sales tax abatement period be extended for another six (6) months nunc pro tunc from January 1, 2016 to June 30, 2016 to provide sales tax abatement financial assistance allowing the Company to continue the construction of the warehouse, loading dock, office space and processing area; and

    WHEREAS, the Agency contemplates authorizing the extension of the sales tax abatement period for six (6) additional months nunc pro tunc from January 1, 2016 through and including June 30, 2016 for the purpose of facilitating the foregoing.

    NOW, THEREFORE, BE IT RESOLVED, that the sales tax abatement period for the Project be, and hereby is, extended nunc pro tunc from January 1, 2016 through and including June 30, 2016 to continue the construction of the warehouse, loading dock, office space and processing area.

    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

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

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

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

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

    Scott Smith                             [    ] Yes         [    ] No        [ x   ] Absent        [    ] Abstain

    Howard Siegel                       [ x   ] Yes         [    ] No        [    ] Absent        [    ] Abstain

    Carol Roig                               [  x  ] Yes         [    ] No        [    ] Absent        [    ] Abstain

    Paul Guenther                         [    ] Yes         [    ] No        [  x  ] Absent        [    ] Abstain

    The resolution was thereupon duly adopted.



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