ST. LAWRENCE COUNTY INDUSTRIAL DEVELOPMENT AGENCY S . L

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ST. LAWRENCE COUNTY INDUSTRIAL DEVELOPMENT AGENCY

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L AWRENCE C OUNTY IDA L OCAL D EVELOPMENT C ORPORATION

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L AWRENCE C OUNTY L OCAL D EVELOPMENT C ORPORATION

~ Meeting of January 22, 2015

CALL TO ORDER: Chairman Staples called the meeting to order at 8:32 AM at the IDA office, Ernest J.

LaBaff Industrial Building, Canton.

ROLL CALL:

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LaBaff

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Weekes ......................... Present

Others: SLCIDA Staff (Patrick Kelly, Richard Williams, Thomas Plastino and Natalie Sweatland); Andrew

Silver, Esq., Agency Counsel.

PUBLIC NOTICE: Public notifications sent January 14, 2015 to, at a minimum: St. Lawrence County’s newspapers designated for the publication of local laws and other matters required by law to be published; additional local media sources and websites.

PUBLIC COMMENT: Andrew Miller from the Village of Fowler was recognized by the Chairman. Mr.

Miller had no comment.

APPROVAL OF MINUTES: Motion to accept the minutes of the December 17, 2014 meeting by Mr.

LaBaff, seconded by Mr. Weekes. Carried unanimously.

FINANCIAL REPORTS: Mr. Plastino reports that the independent auditors (Pinto, Mucienski, Hooper and Van House, CPAs) have been working in the conference room since Tuesday and should have their work wrapped up by Friday. The Audit and Finance Committee will meet with the auditors following this meeting. December 2014 Financial Reports should be available next month. We expect the audits to be ready for board action in early March. LaBaff/McMahon motion to accept Mr. Plastino’s report. Carried unanimously.

REPORTS OF COMMITTEES: None

OLD BUSINESS: None

STAFF REPORT:

Mr. Kelly reports on the following:

 Corning. The PILOT documents for Corning’s expansion project have been executed.

 Defelsko. The Company should be ready to execute Lease/Leaseback and PILOT documents in the first quarter of 2015.

 Kinney Drugs. Termination and transfer documents have been processed and the property is now fully taxable. Chairman Staples notes that the property was originally 100% exempt from taxation as it was owned entirely by the IDA and it is now a wholly-taxable property. Mr. Kelly points out that the project has added approximately $550,000 to the tax base, which will mean about $19,000 per year to the taxing jurisdictions.

 Claxton Hepburn Medical Center. Mr. Kelly reports on recent news articles about the Center’s plan of restructure, and that he has outreached Claxton Hepburn’s Chief Executive Officer, offering the

IDA’s assistance.

 North Lawrence Dairy. Mr. Kelly advises that Mr. Williams has been working with the Dairy regarding the Dairy’s request that we release of a portion of land for St. Lawrence Gas. Chairman

Staples cites Chobani’s current fiscal decline and asks if North Lawrence Dairy is having similar difficulties and asks if the jobs at the plant are safe? Mr. Kelly notes that the latest information we have shows that the plant it not at its expected capacity, but that it is still doing well. Much of the yogurt production at the plant is co-branding and not on store shelves, but instead is used on cruise lines and a key ingredient in parfaits and smoothies. The availability of the St. Lawrence Gas line has helped keep costs down. The price of milk is both good and bad. As the company is a cooperative, the low prices are good for the plant, but bad for the farmers.

 Proline-Striping. The Company has asked that a newer model vehicle be substituted for collateral currently held on an older model that the Company wishes to trade in. Mr. Kelly will execute necessary documents.

 Public Hearing. February 9, 2015 is the date of NYS Empire State Development’s public hearing for three St. Lawrence County grant projects (St. Lawrence Brewery [$65,000 grant], Canton Industrial

Park [$470,000 grant], and Massena Industrial Park [$60,000 grant]. The projects will be presented to NYS ESD’s board for payment action after the public hearing.

 Newton Falls Rail Rehabilitation. $1,000,000 has been expended to date on this project, leaving an unexpended balance of approximately $268,000. The IDA’s reimbursement to date is $370,000. Mr.

McMahon asks for an approximation of turnaround time. Mr. Kelly notes that from submission of expenses to receipt of payment the time is about four months. Mr. Williams will be sending in another reimbursement request in the very near future.

 J&L and Local Development Corporation. Mr. Kelly reports on his and Mr. Hall’s meeting with the

Development Authority of the North Country. He noted that he would be meeting with the County

Administrator and the County Attorney regarding the transferring of the property to an LDC.

 NYS Authorities Budget Office. Mr. Kelly notes his recent return from a meeting of the directors of the NYS Economic Development Council. The ABO’s recent Policy Guidance (No. 15-01) appears to reinforce what we already know…that “IDAs may not, under any circumstances, award grants or make loans of its own monies.” Mr. Kelly notes that this impacts funds for projects such as I98. Mr. LaBaff asks if the OBPA can give monies to I98? Mr. Kelly believes, based on this recent Policy Guidance, the answer is “no” but says that would be up to OBPA to decide.

 St. Lawrence River Valley Redevelopment Agency. Mr. Kelly reports that the SLRVRA met on

Tuesday, January 20, and approved an availability of CDEIP funds for 2015 of up to $473,000. The application will be released on Friday, January 23; and the SLRVRA will accept applications until

March 31, 2015. Chairman Staples notes that the SLRVRA may want to consider being conservative in awarding projects to help avoid depletion of the overall fund, limiting its potential to participants in future economic development projects, and that the SLRVRA should be made aware of this concern of the St. Lawrence County IDALDC. Mr. Kelly notes that funding allocations will depend on the value of the applications, and each should be evaluated on a case-by-case basis. Board members recommend holding a joint meeting with the SLRVRA prior to release of awards.

 2015 Meeting Schedule. County Legislator Joseph Timmerman, appointed by Legislative Chairman

Joseph Lightfoot to the IDA Board, has a conflict with the IDA Board’s meeting schedule. After a review of each members’ calendars and other existing commitments, it appears that the responsibilities of current IDA Board members (business conflicts, meeting conflicts, etc.) make it unlikely that the IDA can change its current schedule. Mr. Kelly will speak with Mr. Timmerman and Mr. Lightfoot.

 Power Proceeds and NYPA Review. Mr. Kelly reports that it appears enough of the local governments have approved the agreement and that NYPA will most likely approve it late this month.

 Governor Cuomo’s “State of the State” Address. Mr. Kelly will provide a summary of the address in the near future.

 2014 Report to the Legislature. Mr. Kelly will be releasing the 2014 Report to the County Legislature in the near future. The report highlights this year’s economic development activities.

NEW BUSINESS:

Resolution IDA-15-01-01: Adopting Paychex Employee Benefit Plan. Mr. Kelly notes that we are required to have a 125 Plan in place with Paychex in order to process employee healthcare premiums on a before-tax basis. Chairman Staples notes that this is part of the IRS Tax Code. Motion to approve Resolution IDA-

15-01-01 by Mr. Weekes, seconded by Mr. Hall. The motion is approved by unanimous vote.

Resolution IDA-15-01-02: Annual Review of Procurement Policy. Mr. Kelly reports that the IDA is required to review this policy annually, and that the elements of the policy remain unchanged from last year. Motion to approve Resolution IDA-15-01-02 by Mr. LaBaff, seconded by Mr. McMahon. The motion is approved by unanimous vote.

Resolution IDA-15-01-03: 2015 Review of Disposition of Real Property Guidelines and 2014 Report of

Property. Mr. Kelly reports that the IDA is required to review the policy annually. The information contained within the “2014 Report of Property” assists us in our compliance with Public Authority Law and will be used in our PARIS reporting for the 2014 Reporting Year. The disposition of the Factory Street,

Gouverneur building is included in this year’s report. Motion to approve Resolution IDA-15-01-03 by Mr.

McMahon, seconded by Mr. Weekes. The motion is approved by unanimous vote.

Resolution IDA-15-01-04: Authorizing Modifications to the St. Lawrence County Industrial Development

Agency FY2014 Budget. Mr. Kelly notes that the major budget modifications are related to those grant projects for which the IDA did not yet receive reimbursement from New York State. Motion to approve

Resolution IDA-15-01-04 by Mr. Blevins, seconded by Mr. Hall. The motion is approved by unanimous vote.

Resolution LDC-15-01-01: Annual Review of Procurement Policy. Mr. Kelly reports that the SLCIDA-LDC is required to review this policy annually, and that the elements of the policy remain unchanged from last year. Motion to approve Resolution LDC-15-01-01 by Mr. McMahon, seconded by Mr. LaBaff. The motion is approved by unanimous vote.

Resolution LDC-15-01-02: 2015 Review of Disposition of Real Property Guidelines and 2014 Report of

Property. Mr. Kelly reports that the SLCIDA-LDC is also required to review the policy annually. The information contained within the “2014 Report of Property” assists us in our compliance with Public

Authority Law and will be used in our PARIS reporting for the 2014 Reporting Year. Motion to approve

Resolution LDC-15-01-0203 by Mr. LaBaff, seconded by Mr. Weekes. The motion is approved by unanimous vote.

Resolution LDC-15-01-03: Authorizing Modifications to the St. Lawrence County Industrial Development

Agency Local Development Corporation FY2014 Budget. Mr. Kelly notes that the major budget modifications are related to the Massena Industrial Buildings grant project for which the SLCIDA-LDC did not yet receive reimbursement from New York State, and CDEIP funds that have not yet been issued.

Motion to approve Resolution LDC-15-01-03 by Mr. LaBaff, seconded by Mr. Hall. The motion is approved by unanimous vote.

Resolution LDC-15-01-04: Authorizing Subordination Associated with the Riverside Iron, LLC Loan. Mr.

Kelly reports that the project involved $200,000 in loan funding from the SLCIDA-LDC ($100,000 each through the Greater Massena Economic Development Fund and the St. Lawrence River Valley

Redevelopment Agency) and $50,000 from the Town of Gouverneur. The Company is doing quite well. It reports having 12 employees (equaling about 10 FTEs), and has done or is doing work for Alcoa and Cives.

These two projects, however, require an outlay of additional capital, and the Gouverneur Savings & Loan

Association has agreed to an $89,000 Line of Credit with the condition that we subordinate our first lien position on the first $89,000 of the collateral (equipment). The St. Lawrence River Valley Redevelopment

Agency and the GMEDF have both approved this subordination. Motion to approve Resolution LDC-15-

01-04 by Mr. Weekes, seconded by Mr. LaBaff. The motion is approved by unanimous vote.

Resolution CDC-15-01-01: Annual Review of Procurement Policy. Mr. Kelly cites his earlier remarks from the IDA and SLCIDA-LDC’s policy review. Motion to approve Resolution CDC-15-01-01 by Mr. LaBaff, seconded by Mr. McMahon. The motion is approved by unanimous vote.

Resolution CDC-15-01-02: 2015 Review of Disposition of Real Property Guidelines and 2014 Report of

Property. Mr. Kelly cites his earlier remarks from the IDA and SLCIDA-LDC’s policy review, adding that the SLCIDA-CDC has no property. Motion to approve Resolution CDC-15-01-02 by Mr. LaBaff, seconded by Mr. Weekes. The motion is approved by unanimous vote.

Resolution CDC-15-01-03: Authorizing Modifications to the St. Lawrence County Industrial Development

Agency Civic Development Corporation FY2014 Budget. Motion to approve Resolution CDC-15-01-03 by

Mr. Blevins, seconded by Mr. LaBaff. The motion is approved by unanimous vote.

Resolution MIC-15-01-01: Annual Review of Procurement Policy. Mr. Kelly cites his earlier remarks.

Motion to approve Resolution MIC-15-01-01 by Mr. Hall, seconded by Mr. Weekes. The motion is approved by unanimous vote.

Resolution MIC-15-01-02: 2015 Review of Disposition of Real Property Guidelines and 2014 Report of

Property. Mr. Kelly notes that this policy remains unchanged from previous years and adds that the SLCLDC has no property. Motion to approve Resolution MIC-15-01-02 by Mr. Hall, seconded by Mr. LaBaff. The motion is approved by unanimous vote.

Resolution MIC-15-01-03: Authorizing Modifications to the St. Lawrence County Local Development

Corporation FY2014 Budget. Motion to approve Resolution LDC-15-01-03 by Mr. Weekes, seconded by

Mr. Hall. The motion is approved by unanimous vote.

EXECUTIVE SESSION: Blevins/LaBaff motion for Executive Session at 9:43 AM to discuss the financials of a specific company. LaBaff/Hall motion to return to Regular Session. The Board returns to Regular

Session at 10:01 AM.

ADJOURNMENT: The meeting adjourns at 10:02 AM by unanimous consent.

(Mr.) Lynn Blevins, Secretary

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