MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY Meeting Minutes November 13, 2014

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1 MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY Meeting Minutes November 13, 2014 MEMBERS PRESENT: Robert Hoefs, Chairman Eugene Richards, Vice Chair Carol Shineman, Treasurer John Macci, Secretary Robert Harris, John McGlone, STAFF MEMBERS PRESENT: Kenneth F. Rose, Chief Executive Officer Sheila Snell, Chief Financial Officer Karl Gustafson, Economic Development Specialist ABSENT: Daniel Wilson, OTHERS PRESENT: Terry Bieniek, Montgomery County Legislator Roy Dimond, Montgomery County Legislator Ryan Weitz, Montgomery County Legislator Robert Purtell, Montgomery County Legislator I. Meeting called to order at 4:30 p.m. by Chairperson Robert Hoefs. II. III. IV. Minutes A motion was made by Robert Harris and seconded by Eugene Richards to accept the minutes of the Regular meeting on September 11, All members present were in favor of accepting the minutes. Communications- Mr. Rose informed the Board of notice from Fiber Glass Industires to terminate the existing Lease/Leaseback agreement with the IDA as it related to their facility on Edson Street. Public Comment There was no Public Comment. V. Chair s Report Chariman Hoefs did not have a report to present. VI. Director s Report Ken Rose presented the Director s Report. VII. Financial Report A. Mr. Rose informed the Board that Staff members would be providing written reports sumarizing activities they have been involved in since the prior meeting. Those reports were contained in the Board packets. A. Financial Report Sheila Snell presented the Financial Report noting that the Target PILOT payment has been received. B. Revolving Loan Fund Sheila Snell presented the County s Revolving Loan Fund Report, noting that the resolution regarding the change of terms for Carolina Clubs has been forwarded to the County Legislature for approval. VIII. Unfinished Business MCIDA

2 Mr. Rose provided an update on the Regional and county Branding initiatives. The County is in the final stages of logo selection. Once that is completed, the color choices will be made and deliverables will be finalized. Mr. Rose updated the Board on issues relating to the required mowing of habitat areas of the Florida Business Park. He noted that access issues have been worked out by getting an easement from an adjacent property owner. All areas have now been mowed in accordance with our agreement. IX. New Business Mr. Rose provided the Board with an update on the Regional Business Park. Engineering will be completed within the next couple of months. CSX is evaluating the possibility of the rail spur and staging area adjacent to their mainline in the Village of Fonda. A. The 2015 MCIDA Budget- The Budget was presented to the Board for discussion and approval. On a motion made by John McGlone and seconded by Robert Harris, with all members present voting in favor, the 2015 MCIDA Budget was approved. B. The Concordia Sr. Community At Amsterdam- The following resolution was offered by Carol Shineman, seconded by John McGlone, to wit: RESOLUTION AUTHORIZING THE CHIEF EXECUTIVE OFFICER OF MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY TO HOLD A PUBLIC HEARING REGARDING THE AMENDMENT OF CERTAIN DOCUMENTS RELATING TO THE AMSTERDAM PROJECT ASSOCIATES, LLC PROJECT. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Robert Hoefs VOTING Yes Eugene Richards VOTING Yes Carol Shinemen VOTING Yes John Macci VOTING Yes Robert Harris VOTING Yes John McGlone VOTING Yes Daniel Wilson VOTING Absent The foregoing Resolution No was thereupon declared duly adopted. The Board went into Executive Session at 5:15 to discuss matters that could impact property values, upon a motion by Robert Harris and seconded by Eugene Richards. The Board came out of Executive Session at 5:35 pm upon a motion by John McGlone and seconded by Eugene Richards. No action was taken. C. Exit 27 Business Park- Mr. Rose updated the Board about the details of the projected budget for a possible Exit 27 Business Park (budget was enclosed in the packet). The estimated total project cost is $7,284, Mr. Rose advised the Board that the best course of action would likely be to have the landowners take the lead in any further discussions with the Town of Florida. Any County involvement would be dependent upon the results of such discussion. MCIDA

3 D. Edson Street Business Park Rail Spur-Mr. Gustafson and Mr. Rose updated the Board on the need to have a comprehensive study performed on the Edson Street Business Park Rail spur to determine feasibility of the line rehabiliation and the costs associated with such. A proposal by Plumley Engineering was contained in the packet for the Board to review. The following resolution was offered by Robert Harris, seconded by Eugene Richards, to wit: RESOLUTION AUTHORIZING THE ENTERING OF THE MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY INTO AN AGREEMENT FOR PROFESSIONAL SERVICES RAIL SPUR STUDY. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Robert Hoefs VOTING Yes Eugene Richards VOTING Yes Carol Shinemen VOTING Yes John Macci VOTING Yes Robert Harris VOTING Yes John McGlone VOTING Yes Daniel Wilson VOTING Absent The foregoing Resolution No was thereupon declared duly adopted. X. Adjournment A motion was made by Robert Harris and seconded by Eugene Richards to adjourn the meeting at 6:08 P.M. Respectfully submitted, Karl Gustafson Economic Development Specialist Attachments: Resolutions 14-18, MCIDA

4 PUBLIC HEARING RESOLUTION AMSTERDAM PROJECT ASSOCIATES, LLC A regular meeting of Montgomery County Industrial Development Agency (the Agency ) was convened in public session at the offices of the Agency located at the Old County Courthouse, 9 Park Street, Fonda, New York on November 13, 2014, at 4:30, p.m., local time. The meeting was called to order by the Chairman and, upon roll being called, the following members of the Agency were: PRESENT: Robert Hoefs Eugene Richards Carol Shineman John Macci Robert Harris John McGlone Chairman Vice Chairman Treasurer Secretary ABSENT: Daniel Wilson THE FOLLOWING PERSONS WERE ALSO PRESENT: Kenneth Rose Sheila Snell Karl Gustafson Christopher M. Martell, Esq. Chief Executive Officer Chief Financial Officer Economic Development Specialist Agency Counsel The following resolution was offered by Carol Shineman, seconded by John McGlone, to wit: Resolution No RESOLUTION AUTHORIZING THE CHIEF EXECUTIVE OFFICER OF MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY TO HOLD A PUBLIC HEARING REGARDING THE AMENDMENT OF CERTAIN DOCUMENTS RELATING TO THE AMSTERDAM PROJECT ASSOCIATES, LLC PROJECT. WHEREAS, the Agency is authorized and empowered by the provisions of Chapter 1030 of the 1969 Laws of New York, constituting Title 1 of Article 18-A of the General Municipal Law, Chapter 24 of the Consolidated Laws of New York, as amended (the Enabling Act ) and Chapter 666 of the 1970 Laws of New York, as amended, constituting Section 895-d of said General Municipal Law (said Chapter and the Enabling Act being hereinafter collectively referred to as the Act ) to promote, develop, encourage and assist in the acquiring, constructing, reconstructing, improving, maintaining, equipping and furnishing of manufacturing, warehousing, research, commercial and industrial facilities, among others, for the purpose of promoting, attracting and developing economically sound commerce and industry to advance the job opportunities, health, general prosperity and economic welfare of the people of the State MCIDA Res

5 of New York, to improve their prosperity and standard of living, and to prevent unemployment and economic deterioration; and WHEREAS, to accomplish its stated purposes, the Agency is authorized and empowered under the Act to acquire, construct, reconstruct and install one or more projects (as defined in the Act), or to cause said projects to be acquired, constructed, reconstructed and installed, and to convey said projects or to lease said projects with the obligation to purchase; and WHEREAS, in November 2014, Amsterdam Project Associates, LLC, a limited liability company organized and existing under the laws of the State of New York (the Company ) submitted an application (the Application ) to the Agency, a copy of which Application is on file at the office of the Agency, which Application requested that the Agency consider undertaking a project (the Project ) for the benefit of the Company, said Project consisting of the following: (A) (1) the acquisition of an interest in a parcel of land located on 100 Sandy Drive in the City of Amsterdam, Montgomery County, New York (the Land ), (2) the construction on the Land of the following: (a) a three-story building that will house the Adult Care Facility, which will contain 98 units (the Assisted Living Facility ), and (b) four, one-story buildings, each containing 16 units, for a total of 64 units for cognitively impaired residents (the SNALR and together with the Assisted Living Facility, the Facility ), (3) the acquisition and installation of certain machinery and equipment therein and thereon (the Equipment ) (the Land, the Facility and the Equipment hereinafter collectively referred to as the Project Facility ), all of the foregoing to constitute assisted living and senior housing facilities that will be owned by the Company and leased to a licensed operator; (B) the granting of certain financial assistance (within the meaning of Section 854(14) of the Act) with respect to the foregoing, including potential exemptions from certain sales and use taxes, real property taxes, real estate transfer taxes and mortgage recording taxes (the Financial Assistance ); and (C) the lease of the Project Facility to the Company or such other person as may be designated by the Company and agreed upon by the Agency; and WHEREAS, pursuant to Section 859-a of the Act, prior to the Agency providing any financial assistance to any project, the Agency, among other things, must hold a public hearing with respect to the Project; and WHEREAS, the Agency desires to provide for compliance with the provisions of Section 859-a of the Act; NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY, AS FOLLOWS: Section 1. The Agency hereby authorizes the Agency Staff, after consultation with the members of the Agency and Agency Counsel, (A) to establish the time, date and place for a public hearing of the Agency to hear all persons interested in the Project, said public hearing to be held in the City of Amsterdam, New York; (B) to cause notice of such public hearing to be given to the public by publishing a notice of such hearing in a newspaper of general circulation to available to the residents of the governmental units where the Project Facility is or is to be located, such notice to comply with the requirements of Section 859-a of the Act and to be published no fewer than ten (10) days prior to the date established for such public hearing; (C) to cause notice of said public hearing to be given to the chief executive officer of the county and each city, town, village and school district in which the Project Facility is or is to be located no fewer than ten (10) days prior to the date established for said public hearing; (D) to conduct such public hearing; and (E) to cause a report of said public hearing fairly summarizing the views presented at said public hearing to be promptly prepared. -2- MCIDA Res

6 Section 2. Any action taken by the Agency Staff in connection with the public hearing with respect to the Project prior to the date of this Resolution is hereby ratified and confirmed. Section 3. The Chairman, Vice Chairman and/or the Staff of the Agency is hereby authorized and directed to distribute copies of this Resolution to the Company and to do such further things or perform such acts as may be necessary or convenient to implement the provisions of this Resolution. Section 4. This Resolution shall take effect immediately. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Robert Hoefs VOTING YES Eugene Richards VOTING YES Carol Shinemen VOTING YES John Macci VOTING YES Robert Harris VOTING YES John McGlone VOTING YES Daniel Wilson VOTING ABSENT The foregoing Resolution No was thereupon declared duly adopted. -3- MCIDA Res

7 STATE OF NEW YORK ) ) SS.: COUNTY OF MONTGOMERY ) I, the undersigned Secretary of Montgomery County Industrial Development Agency (the "Agency"), do hereby certify that I have compared the foregoing extract of the minutes of the meeting of the members of the Agency, including the Resolution contained therein, held on November 13, 2014 with the original thereof on file in my office, and that the same is a true and correct copy of said original and of such Resolution set forth therein and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that (A) all members of the Agency had due notice of said meeting; (B) said meeting was in all respects duly held; (C) pursuant to Article 7 of the Public Officers Law (the "Open Meetings Law"), said meeting was open to the general public, and due notice of the time and place of said meeting was duly given in accordance with such Open Meetings Law; and (D) there was a quorum of the members of the Agency present throughout said meeting. I FURTHER CERTIFY that, as of the date hereof, the attached Resolution is in full force and effect and has not been amended, repealed or rescinded. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Agency this 13th day of November, (Assistant) Secretary (SEAL) -4- MCIDA Res

8 RESOLUTION AUTHORIZING THE ENTERING OF THE MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY INTO AN AGREEMENT FOR PROFESSIONAL SERVICES RAIL SPUR STUDY A regular meeting of Montgomery County Industrial Development Agency (the Agency ) was convened in public session at the offices of the Agency located at the Old County Courthouse, 9 Park Street, Fonda, New York on November 13, 2014 at 4:30 o clock p.m., local time. The meeting was called to order by the (Vice) Chairman and, upon roll being called, the following members of the Agency were: PRESENT: Robert Hoefs Eugene Richards Carol Shineman John Macci John McGlone Robert Harris Chairman Vice Chairman Treasurer Secretary ABSENT: Daniel Wilson THE FOLLOWING PERSONS WERE ALSO PRESENT: Kenneth Rose Sheila Snell Karl Gustafson Christopher Martell Chief Executive Officer Chief Financial Officer Ec. Dev. Specialist Agency Counsel wit: The following resolution was offered by Robert Harris, seconded by Eugene Richards, to Resolution No RESOLUTION AUTHORIZING THE ENTERING OF THE MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY INTO AN AGREEMENT FOR PROFESSIONAL SERVICES RAIL SPUR STUDY WHEREAS, Montgomery County Industrial Development Agency (the Agency ) is authorized and empowered by the provisions of Chapter 1030 of the 1969 Laws of New York, constituting Title 1 of Article 18-A of the General Municipal Law, Chapter 24 of the Consolidated Laws of New York, as amended (the Enabling Act ) and Chapter 666 of the 1970 Laws of New York, as amended, constituting Section 895-d of said General Municipal Law (said Chapter and the Enabling Act being hereinafter collectively referred to as the Act ) to promote, develop, MCIDA Res

9 encourage and assist in the acquiring, constructing, reconstructing, improving, maintaining, equipping and furnishing of industrial, manufacturing, warehousing, commercial, research, recreation and civic facilities, among others, for the purpose of promoting, attracting and developing economically sound commerce and industry to advance the job opportunities, health, general prosperity and economic welfare of the people of the State of New York, to improve their prosperity and standard of living, and to prevent unemployment and economic deterioration; and WHEREAS, the Edson Street Business Park has a former rail spur that was utilized by companies within the City of Amsterdam to transport raw materials for production purposes, and WHEREAS, the rehabilitation of this Rail Spur will help to make the vacant industrial buildings within the Edson Street park and surrounding vicinity more marketable to a wider range of companies, and WHEREAS, the Agency has adopted a Procurement Policy to guide the Agency in contracting for goods and services, and WHEREAS, the Procurement Policy permits the Agency, in its sole discretion, to exempt entering into of a contract from the Procurement Policy based on the circumstances of the contract and needs of the Agency, NOW THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE MONTGOMERTY COUNTY INDUSTRIAL DEVELOPMENT AGENCY AS FOLLOWS: Section 1. The Agency hereby determines to (A) enter into a contract with Plumley Engineering (the Contractor ) for the purposes of inspecting the rail spur, identifying deficiencies, and developing a rail spur rehabilitation outline, and (B) exempt the selection of the contractor from the Agency s Procurement Policy for the following reasons: (1) The contractor is familiar with the rail spur and it s history, (2) the contractor is familiar with needs of the agency due to work done previously within the County. Section 2. The Agency hereby determines to enter into a contract with the Contractor for the purposes of appraisal of real property for a maximum cost not to exceed $12,500. Section 3. The officers, employees and agents of the Agency are hereby authorized and directed for and in the name and on behalf of the Agency to do all acts and things as may be necessary or, in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of this resolution and to cause compliance by the Agency with all the terms, covenants and provisions of this resolution. Section 4. This Resolution shall take effect immediately. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: MCIDA Res Robert Hoefs VOTING YES -2-

10 Eugene Richards VOTING YES John Macci VOTING YES Carol Shineman VOTING YES Daniel Wilson VOTING ABSENT John McGlone VOTING YES Robert Harris VOTING YES The foregoing Resolution No was thereupon declared duly adopted. MCIDA Res

11 STATE OF NEW YORK ) ) SS.: COUNTY OF MONTGOMERY ) I, the undersigned (Assistant) Secretary of Montgomery County Industrial Development Agency (the Agency ), do hereby certify that I have compared the foregoing extract of the minutes of the meeting of the members of the Agency held on November 13, 2014 with the original thereof on file in my office, and that the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that (A) all members of the Agency had due notice of said meeting; (B) said meeting was in all respect duly held; (C) pursuant to Article 7 of the Public Officers Law (the Open Meetings Law ), said meeting was open to the general public, and due notice of the time and place of said meeting was given in accordance with such Open Meetings Law; and (D) there was a quorum of the members of the Agency present through out said meeting. I FURTHER CERTIFY that, as of the date hereof, the attached Resolution is in full force and effect and has not been amended, repealed or rescinded. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Agency this 13th day of November, (Assistant) Secretary (S E A L) MCIDA Res

Montgomery County Industrial Development Agency Meeting November 10, 2016 Meeting Minutes. Michele Marzullo, Eco. Dev.

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