Resolution: Extending Sales Tax Abatement Period for Veria Lifestyle Project

    RESOLUTION

    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 December 14, 2015 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      ]

    Charles Barbuti, Jr.                 [    x      ]                       [          ]

    Sean Rieber                             [    x      ]                       [           ]

    Howard Siegel                       [    x      ]                       [           ]

    Carol Roig                               [    x      ]                       [           ]

    Paul Guenther                         [    x      ]                       [          ]

    Scott Smith                             [     x     ]                       [          ]

    The following persons were also present:

    Steve White, Chief Executive Officer

    Jennifer C.S. Brylinski, Agency Executive Director

    Julio Garaicoechea, Agency Project Manager

    Walter F. Garigliano, Agency General Counsel

    The following resolution was duly offered by Edward T. Sykes, and seconded by Charles Barbuti, Jr. to wit:

    Resolution No. 33 – 15

    RESOLUTION EXTENDING THE SALES TAX ABATEMENT PERIOD FOR THE VERIA LIFESTYLE INC. PROJECT FROM JANUARY 1, 2016 THROUGH AND INCLUDING JUNE 30, 2016

    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 November 27, 2013, the Agency closed a lease/leaseback transaction with the Company 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 Kutshers Country Club, Camp Anawana, Camp Sherwood, Old Liberty Road Sewer Treatment Plant, Fair Hills Bungalow Colony and Kutshers 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 “Project” or “Facility”); and

    WHEREAS, on or about November 27, 2013, the Agency and the Company entered into a Master Development and Agent Agreement pursuant to which the Agency designated the Company as the Master Developer of the Project for a period of ten (10) years; and

    WHEREAS, on or about November 27, 2013, the Agency delivered to the Company a Sales Tax Exemption Letter, which letter expired on December 31, 2014 (“Initial Exemption Letter”); and

                WHEREAS, the Initial Exemption Letter has expired and the Agency has extended the sales tax exemption period several times to allow the Company to facilitate it’s ongoing (i) demolition; and (ii) construction, reconstruction, and/or repair of the water and sewer infrastructure; and

    WHEREAS, the Company by Letter, dated November 23, 2015, requested that the sales tax abatement period be extended for another six (6) months to June 30, 2016 to continue the demolition (balance of buildings at corner of Kutsher Road and Old Liberty Road) and infrastructure work (construction/repair/renovation of old buildings – wing 700, theater, water, sewer and road); and

    WHEREAS, the Agency contemplates authorizing the extension of the sales tax abatement period for six (6) additional months 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 from January 1, 2016 through and including June 30, 2016 to continue the demolition (balance of buildings at corner of Kutsher Road and Old Liberty Road) and infrastructure work (construction/repair/renovation of old buildings – wing 700, theater, water, sewer and road).

    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

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

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

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

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

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

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

    The resolution was thereupon duly adopted.

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