Tuesday, December 13, 2011 – Minutes

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

    MEETING MINUTES
    Tuesday, December 13, 2011

    I.         CALL TO ORDER

    Chairman Wood called to order the regular meeting of the County of Sullivan Industrial Development Agency at approximately 10:00 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-

              Elwin Wood                                           Steve White            

    Harris Alport                                          Edward Sykes          

    Charles Barbuti

    Cindy Garlinghouse                      

    Harold Gold

    Suzanne Loughlin      

    Raymond Walter      

              Staff Present-                                              Staff Absent-

    Jennifer C.S. Brylinski, Exec. Dir.                None

    Elizabeth A. Hunt, Exec. Assistant                      

    Others Present-

    (Please be advised that not all parties
    Were present for the entire meeting)

    Allan C. Scott, ALSCO Management, Inc./Consultant /IDA CEO

    Walter F. Garigliano, Esq., Agency Legal Counsel    

    Tara Lewis, Garigliano Law Offices

    David A. Sager, SC Legislator

    Cora Edwards, SC Legislator-Elect

    Scott Samuelson, SC Legislator-Elect

    Ira Steingart, SC Legislator-Elect

    Jennifer Mall, SC Planning Department Agriculture Planner

    Dan Hust, Sullivan County Democrat

    Leonard Sparks, Times Herald Record

    Sandy Schaddock, Teamsters Union Local 445

    Barbara Burton, Sullivan County Resident

    Alice Deihl, Sullivan County Resident

    Sonia Hedlund, Sullivan County Resident

    Mary Tonjes, Sullivan County Resident

    III.      APPROVAL OF MINUTES  

    Before a motion could be made to approve the minutes of the regular November 15, 2011 meeting, Ms. Brylinski advised the Board that they contained a typographical error.  Specifically referring to an Engineer’s final comments dated “October 6, 2012”, which should have said “2011”.  Ms. Hunt has since corrected the minutes.  On a motion by Mr. Barbuti , seconded by Mr. Alport, the Board voted and the motion to approve the minutes, as revised, was unanimously carried. 

    IV.       BILLS AND COMMUNICATIONS

    Mr. Barbuti advised that he noticed that there was a typographical          error on the revised schedule of payments.  Ms. Hunt replies that     she would advise the Board of the correct figure.  With that         correction duly noted, on a motion by Mr. Walter, seconded by Mr.   Barbuti, the Board voted and the motion to approve the revised     schedule of payments was carried. 

     V.        EXECUTIVE DIRECTOR’S REPORT

    Ms. Brylinski advised that she attended the Ag Summit that was held on Monday, November 28, 2011 at the Villa Roma where the IDA had an information booth set up and she was a speaker at the Summit.

    She also advised that she participated in a webinar that was set up by the New York State Authority Budget Office regarding the use of the  PARIS system.

    Ms. Brylinski advised the Board the on Thursday, December 8th she received a call from the USDA and was advised that the Rural Microentrepreneur Assistance Program (“RMAP”) grant/loan closing that was to take place on Wednesday, December 13, 2011 is being cancelled due to the fact that there are no longer funds available from the USDA.  There were two resolutions that were on the Agenda regarding this subject.  Mr. Garigliano suggested that since there is no longer funding available through the RMAP program, that the Board pass a verbal resolution closing out any bank accounts that have been set up in connection with the grant/loan.  On a motion by Mr. Alport, seconded by Mr. Barbuti, the Board voted and it was unanimously agreed to close out any RMAP related bank account. 

    Mr. Scott reported to the Board on his activities for the     past month.  They included, among other things, his        meeting with a possible micro-brewery project, two           potential hospitality projects and his attendance at the   Supervisors meeting which he attended with Todd Erling    of the Hudson Valley Agribusiness Development Corp.

     Mr. Barbuti suggested that Mr. Scott’s report be included as a regular item on the each month’s meeting Agenda.  Ms. Brylinski will see that it is.

    VI.       OLD BUSINESS

    Mr. Garigliano presented to the Board a resolution authorizing the execution and delivery of the Omnibus Discharge, the Termination Agreement and related documents with respect to The Center for Discovery, Inc. (“CFD”) project.  He gave a brief background of the bonds and explained that this resolution referred to the retirement of those bonds.  On a motion by Ms. Loughlin, seconded by Mr. Walter, the Board voted and the resolution was unanimously passed. 

    Mr. Garigliano presented to the Board a resolution authorizing the IDA to provide funding to the Partnership for Economic Development for the 4th quarter of 2011.  On a motion by Mr. Alport, seconded by Mr. Barbuti, the Board voted, with Ms. Loughlin abstaining, and the resolution was passed.

    VII.   NEW BUSINESS

    Mr. Garigliano presented to the Board a resolution extending the sales tax abatement period for the Plastic Technologies of NY, LLC d/b/a Shelburne Plastics and PTNY Realty Estate LLC (collectively “Shelburne Plastics”) project nunc pro tunc from October 31, 2011 through and including April 30, 2012.  On a motion by Mr. Barbuti, seconded by Mr. Gold, the Board voted and the resolution as unanimously passed.

    Mr. Garigliano presented to the Board a resolution extending the sales tax abatement period for the Catskill Stills, LTD d/b/a Dancing Cat Distillery and Redford LLC (collectively “Dancing Cat”) project from January 1, 2012 through and including December 31, 2012.  On a motion by Mr. Barbuti, seconded by Mr. Gold, the Board voted and the resolution was unanimously passed. 

    Mr. Garigliano presented to the Board a resolution authorizing the assignment of the Millennium Revolving Loan Fund to the Sullivan County Funding Corporation, authorizing the payment of $24,000.00 of Millennium Loan Fund administrative funds to the Sullivan County Funding Corporation (hereinafter referred to as “SCFC”) and authorization such further action by the IDA as is necessary to effectuate the above.  On a motion by Mr. Barbuti, seconded by Mr. Garlinghouse, the Board voted and the resolution was unanimously passed. 

    Mr. Garigliano presented to the Board a resolution authorizing and approving the IDA’s consent to change in control of the Bethel Performing Arts Center, LLC  in accordance with certain provisions and authorizing and approving the execution and delivery of all document necessary to complete the change in control.  On a motion by Mr. Barbuti, seconded by Mr. Alport, the Board voted and the resolution was unanimously passed. 

    Chairman Wood asked if Mr. Garigliano could give the Board and those present an update on the proposed Red Meat processing facility.  Mr. Garigliano advised, as Ms. Garigliano had at the November regular meeting, site plan approval has been received by the Village of Liberty Planning Board , with two conditions.  First that Village of Liberty not hear from the DEC prior to November 30, 2011 regarding sewer discharge issues and second, that the Engineer’s final comments dated October 6, 2011 be addressed.  The Village of Liberty did hear from the DEC and the item is on the Village’s agenda for this upcoming Thursday night, December 15th.  Mr. Garigliano advised that it is possible that the DEC never saw the flow calculations and hopefully it will be resolved. 

    Chairman Wood advised that an executive session will be called to order for the Board to discuss its own Board Evaluation as required by law.  Mr. Scott also added that a personnel matter will be discussed.  Chairman Wood addressed the Board by saying that he has been honored to be Chairman of the IDA for the past four years and wished all the Board members and staff luck in the future. 

    Chairman Wood asked if there was any public comment. 

    Ms. Hedlund asked if Mr. Scott’s report would be put on the website.  It was the general consensus of the Board members that the meeting minutes adequately summarized the report.

    Ms. Hedlund questioned the RMAP grant/loan that was discussed earlier in the meeting.  She was advised that it was a grant/loan through the USDA that was geared toward small businesses that had strict guidelines that accompanied it.  $60,000 of those monies were also supposed to go toward technical assistance programs. 

    There was some discussion regarding various items relating to the proposed Red Meat Processing Facility which included, among other things, the condition of the Village of Liberty Planning Board’s approval. 

    There was a brief discussion regarding CFD and their Big Barn.

    There was some discussion regarding the sales tax abatement resolutions that were passed. 

    There was some discussion regarding the transference of the Millennium Loan Fund to the SCFC.  It was reported that the SCFC will be following the same guidelines and policies as the IDA did when overseeing the Fund. 

    Mr. Scott re-read his narrative regarding CFD project for those who were not at the SCFC meeting. 

    Ms. Shaddock inquired about the formation and the structure of the SCFC.  Mr. Garigliano gave a brief background on the SCFC which included, among other things, when it was formed, the appointment of members, the term limits and the purpose of its formation. 

    Mr. Sager commented on the importance of CFD on the Sullivan County community and economy. 

    Mr. Sager questioned if there was a projected start date for the Red Meat Processing Facility.  Mr. Garigliano replied that he did not wish to give a firm date.  He then gave a brief background on the project and the various issued that have had to be dealt with in order to get to the point the project is now.  There was some discussion on the project, which included, among other things, the final conditions set by the Village of Liberty Planning Board regarding the project, the location of the project and other locations that were looked at. 

    Mr. Sager questioned the status of the potential project located at the former Apollo Plaza site.  Mr. Sager requested that the intent was for no not-for-profits to occupy the facility.  Mr. Garigliano suggested that the SC Legislature could pass an amended resolution specifying which kinds of tenants may or may not occupy the facility. 

    Mr. Sager questioned Ms. Loughlin as to why she abstained from the vote regarding the Partnership resolution.  She replied that she is on the Board of the Partnership. 

    Mr. Barbuti made a general comment regarding the current IDA and SCFC Boards and their ability, in his opinion, to work towards the greater good of Sullivan County and hopes that whoever is appointed the new Chairman of the IDA will have the same common goals.  

    Mr. Wood asked if there was any further public comment.

    On a motion by Mr. Barbuti, seconded by Mr. Gold, at approximately 10:46 A.M. the Board unanimously voted to go     into executive session to discuss their Annual Board     Evaluations and to discuss a personnel matter. 

              On a motion by Ms. Garlinghouse, seconded by Mr. Walter,
              at approximately 11:15 A.M. the Board unanimously voted
              to come out of executive session. 

    Chairman Wood stated that the consulting contract with ALSCO Management, Inc. (“ALSCO”) expires December 31, 2011 and that the Board wished to extend ALSCO’s contract for an additional three months until which time the Board can further discuss the matter.  On a motion by Mr. Barbuti, seconded by Mr. Alport, the Board voted and it was unanimously agreed that ALSCO’s consulting contract would be renewed for an additional three months, having the same terms and conditions apply.

    VIII.   ADJOURNMENT

    Chairman Wood questioned the Board and those present if there were any further questions or comments.  There being none, on a motion by Mr. Barbuti, seconded by Mr. Alport the Board voted and the meeting was adjourned at approximately 11:21 A.M.

                                                              Respectfully submitted:

                                                              Elizabeth A. Hunt       

                                                               Executive Assistant

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