Special Meeting Minutes – September 30, 2014

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

    Tuesday, September 30, 2014


    Chairman Steingart called to order the special meeting of the County of Sullivan Industrial Development Agency at approximately 10:06 am, held in the Legislative Hearing Room at the Sullivan County Government Center, Monticello, New York.


    Members Present-                              Members Absent-

    Ira Steingart                                          Sandy Shaddock

    Charles Barbuti                                      Sean Rieber

    Steve White                                          Edward Sykes

    Carol Roig

    Suzanne Loughlin

    Howard Siegel

    Staff Present-                                             Staff Absent-

    Jennifer C.S. Brylinski, Exec. Director         None

    Jen Flad, VP Business Development

    Others Present-

    Allan C. Scott, Agency CEO

    Walter F. Garigliano, Esq., Agency Legal Counsel

    Tara Lewis, Garigliano Law Offices

    Scott Samuelson, SC Legislature

    Gene Benson, SC Legislature

    Stephen Stuart, SC Office of Sustainable Energy

    Steve Vegliante, Sullivan Property Acquisitions I, LLC

    Jacob Billig

    Mary Adriaans, International Contractor Corp.

    Johannes Adriaans, International Contractor Corp.

    Dan Hust, SC Democrat


    Chairman Steingart opened the meeting by reporting that all Sullivan County representatives did an excellent job of advocating for two casinos during the public comment event on September 23rd.  He thanked the Board for their support and hard work.  Attorney Garigliano added that he is drafting a letter to the Gaming Facility Location Board, summarizing the testimony of all Sullivan County speakers, and he will distribute it to the Board when it is finished.

    Ms. Brylinski stated that the red meat facility property was not removed from the tax rolls before taxable status date, so the Agency has received school tax bills for the property.  Attorney Garigliano added that the long-term tax exemption remains unclear and he is seeking clarification.  He added that, prior to paying the taxes, the Agency could seek a correction of errors from the Town of Liberty Assessor, which if granted would remove the property from the tax rolls for the current tax year. The Board agreed that staff should seek a correction of errors before making payment.  Staff will get a determination from the Assessor before the October Board meeting.

    Ms. Brylinski reminded the Board that they had given approval for Poley Paving/ Brynn Dyl LLC to pay their 2014 PILOT in installments.  All PILOT installment payments have been made, but 2013 and 2014 special district taxes to the Town of Liberty have not been paid.  Mr. Rieber, Attorney Garigliano and staff drafted a revised installment payment schedule, adding the 2013 and 2014 special district taxes to the installments due.  If the Board approves, the Agency will pay the special district taxes and recoup the money in three additional installment payments from the project, between October and December 2014. Attorney Garigliano added that all Agency lease agreements provide that the Agency has the right but not the obligation to pay unpaid special district taxes on behalf of the project, and seek reimbursement in the form of additional rent. Ms. Loughlin made a motion to approve the payment of 2013 and 2014 special district taxes on behalf of the project.  Mr. White seconded the motion.  Mr. Barbuti recused himself from the discussion, as he is the Town of Liberty Supervisor and the project is located in the Town of Liberty.  The Board voted and the motion was approved with Mr. Barbuti abstaining for the reason described above.

    Ms. Brylinski advised the Board that the Agency has received a bill from Fisher Mears Associates for their work on the presentation boards used at the casino public comment event.  On a motion made by Mr. White and seconded by Mr. Siegel, the Board voted and unanimously approved the payment to Fisher Mears.

    Ms. Brylinski began a discussion of International Contractor Corp.  She advised that this is a Type II action under SEQR.  Attorney Garigliano added that the project involves providing financial assistance to a business that is moving from one part of the State to another, the Board must affirmatively find that the relocation is necessary for the business to remain competitive in its industry.  Mr. White stated that the move will make ICC much more competitive, and the move to a more appropriate zoning district is necessary.  Ms. Brylinski added that the Town of Neversink Supervisor submitted a letter supporting the move.  Mr. Siegel noted that the move will benefit both the business and its current neighbors.  Ms. Roig added that the move is a win from a sustainability perspective, as the material is recyclable and environmentally responsible, and reducing the supply chain will reduce the product’s carbon footprint.  Mr. Siegel made a motion to approve the resolution.  The motion was seconded by Mr. Barbuti.  Attorney Garigliano noted that AKL Realty/ Neversink Glass owes debt against the building that far exceeds the purchase price.  In order to close on the project, both secured lenders must agree on the terms.  Thus, he advised that the Board move ahead with the inducement and final approving resolution, but understand that the lenders must agree before closing.  The Board voted and the resolution was unanimously approved.

    Chairman Steingart asked the Board and others present for comment.  Legislator Gene Benson commented that he watched the video of the casino public comment event with officials from Oneida, Cayuga, Yates, Wayne and Seneca Counties, all of whom have significant experience with casinos.  They were very impressed with Sullivan County’s presentation at the event.


    On a motion made by Ms. Loughlin and seconded by Mr. Barbuti, at approximately 10:26 am the meeting was adjourned.           

    Respectfully submitted:

    Jen Flad

    IDA VP, Business Development


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