ST. LAWRENCE COUNTY INDUSTRIAL DEVELOPMENT AGENCY ST. LAWRENCE COUNTY IDA LOCAL DEVELOPMENT CORPORATION ST. LAWRENCE COUNTY IDA CIVIC DEVELOPMENT CORPORATION ST. LAWRENCE COUNTY LOCAL DEVELOPMENT CORPORATION ~ Meeting of June 25, 2015 CALL TO ORDER: Chairman Staples called the meeting to order at 8:30 AM at the IDA office, Ernest J. LaBaff Industrial Building, Canton. ROLL CALL: Blevins............................... Present Hall .................................... Present McMahon ......................... Present Weekes .............................. Present Burke ............................ LaBaff ........................... Staples ........................... Absent Present Present Others: SLCIDA Staff (Patrick Kelly, Thomas Plastino, and Natalie Sweatland). Andrew W. Silver, Esq., Counsel. PUBLIC NOTICE: Public notifications sent June 18, 2015 to, at a minimum: 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: Bill Wilmott introduced himself as a Carpenters’ Union representative from Syracuse, for Jefferson, St. Lawrence and Oswego counties. Mr. Wilmott had no comment. APPROVAL OF MINUTES: Motion to accept the minutes of the May 14 and June 11, 2015 meetings by Mr. LaBaff, seconded by Mr. Weekes. Carried unanimously. FINANCIAL REPORTS: Mr. Plastino presents the Financial Reports for May 2015. Mr. McMahon inquires about the rail rehabilitation grant reimbursement. Mr. Plastino notes that the SLCIDA has invested approximately $1.2 Million, of which it has been reimbursed approximately $386,000. Two outstanding requests, totaling approximately $900,000, have been submitted to New York State for reimbursement and are expected in the near future. Mr. Kelly adds that we are also awaiting reimbursement of receipts submitted to New York State of approximately $470,000 relative to the Canton Industrial Park infrastructure project. LaBaff/McMahon motion to accept Mr. Plastino’s report. Carried unanimously. REPORTS OF COMMITTEES: Nominating Committee Chairman Ernest LaBaff offers the following slate of officers: Brian W. Staples (Chairman), Ernest LaBaff (Vice-Chairman) and Lynn Blevins (Secretary). There were no other nominations from the floor, and the nominees are elected by unanimous vote. The Board unanimously approves the following: Patrick Kelly (Chief Executive Officer), Thomas Plastino (Chief Financial Officer) and Law Firm of Silver & Collins (Agency General Counsel). Motion to accept the slate of officers made by Mr. LaBaff, seconded by Mr. Hall. Motion carried. STAFF REPORT: Mr. Kelly reports on the following: Additional Materials. Mr. Kelly notes that board members had been provided via email an additional resolution relative to the rail rehabilitation project. Hoosier Magnetics. Mr. Kelly notes that the closing documents are in the process of being drafted. The SLCIDALDC will act as lead lender for it and Ogdensburg Growth Fund’s portion of the loan financing, and DANC will execute documents for their own portion separately. Hozmerica, LLC. Mr. Kelly reports that we are waiting to hear from the bank regarding a closing date. Curran Renewable Energy. The two partial release of mortgaged premises (IDALDC and GMEDF) documents have been signed. Mr. Silver is working with the project’s Bond Counsel (Harris Beach) regarding the release by the Bank of New York, and indicates it should be complete within the next week. The project centers around the rail spur within the Massena Industrial Park. Canton Park Road. As noted in the financial report, we are awaiting reimbursement from New York State of approximately $470,000. Massena Industrial Building (4th MIB). The SLCIDA has paid off the GMEDF for the building, and we will be working to convey clear title to the SLCIDA. Gouverneur Industrial Park. We will be working to replace the Park sign. Potsdam Commerce Park Building. Emergency Services will be picking up the MREs they have stored in our building. Newton Falls Rail. We have for consideration this morning a resolution authorizing DANC to work on Phase II of the Rail rehabilitation project. Freedom of Information Request. St. Lawrence County Attorney’s office contacted us regarding a FOIL request they received relating to Gouverneur Talc, International Talc and J&L/Benson Mines asbestos abatements. We have very little, if any, information on the companies for the time periods requested within the FOIL, but have provided them with what little information we have. Much of the timeframe of the requested records is well before the creation of the SLCIDA. While we have a significant record on J&L, it is all after the SLCIDA took title. Mr. Plastino notes that when the SLCIDA took title to the J&L property in 1979, the Company would not let us take any records; they insisted on “dumpstering” everything, and rooms full of documents were disposed. Requests for Proposal. We will be releasing RFPs for office supplies and audit services. 2016 Budget. We will be required to have in place a draft 2016 budget in September, and a final 2016 budget in October (60-90 days prior to the end of the current fiscal year). Reappointment. Joe Weekes’ reappointment has passed Finance Committee and will be placed before the full Board of Legislators at the July 6 meeting. McKinsey Study. We continue to work with the group. Many, if not all, board members have been (or will be) contacted. Wine and Beer Summit. As part of the Wine Trail promotion, staff are working with NY Senator Patty Ritchie’s office and the St. Lawrence County Chamber on a Wine and Beer Summit to be held in our building in the Fall. Governance Committee. We will be scheduling a meeting of the Governance Committee in the near future to discuss revised bylaws and a revised Mileage and Travel Reimbursement policy. CDEIP Awards. All applicants have been notified. Agreements will be forwarded to the awardees shortly. NYS Accountability and Efficiency Laws. NYSEDC and the Office of the State Comptroller have been working to develop legislation that fairly deals with issues/requirements regarding standardized IDA applications, project cost-benefit analyses, project finance agreements, and clawback provisions. Mr. Kelly notes that these changes will affect SLCIDA, but, as we have a number of controls already in place within our organization, the changes should be minimal. These changes enable all IDAs to be on the same playing field. In regards to clawback provisions and return of incentives, Chairman Staples asks how, historically, when companies don’t meet job requirements, it is usually because they’re in trouble financially. How do we get blood from a stone? Mr. Kelly notes that our policy allows for handling recapture of benefits on a case-by-case basis. CFA Discussions. The SLCIDA is holding a discussion on the CFA process with areas businesses and local economic developers on Friday, June 26. Finance Committee. Chairman Staples notes that the County Legislature appeared to be unaware of all of the activities of the SLCIDA, and asks how we get that information to the Legislators. Mr. Kelly notes that we email reports to each Legislator after every one of the meetings, and we provide them, among other items, with hard copy written reports on a mid-year and year-end basis. Historically, we have taken a conservative view of the value of the impact of our projects on the economy. In addition to the requirements of the Economic Development Services agreement, we complete reports that are not required under the agreement. We try to initiate discussions with Legislators and provide them with project information specific to their area. NEW BUSINESS: Resolution IDA-15-06-15: Standard Workday and Reporting Resolution for Elected and Appointed Officials. Motion to approve Resolution IDA-15-06-15 by Mr. Blevins, seconded by Mr. Weekes. The motion is approved by unanimous vote. Resolution IDA-15-06-16: Authorizing an Agreement with the Development Authority of the North Country for Technical Assistance with the Newton Falls Railroad Rehabilitation Project. Mr. Kelly reports that the Agreement with DANC relates to Phase 2 of the Newton Falls Rail Rehab project. The grant will require an increased amount of project management and technical expertise. DANC has that expertise and is unique in that their service territory (Jefferson, Lewis and St. Lawrence counties) is the same territory which the rail line traverses. The agreement’s financial obligation is limited to $60,000, which will be paid by SLCIDA if NYS determines it is not a reimbursable item under the grant. Motion to approve Resolution IDA-15-06-16 by Mr. Hall, seconded by Mr. LaBaff. The motion is approved by unanimous vote. Resolution IDA-15-06-17: Supporting Improved Highway Access in St. Lawrence County. Mr. LaBaff stressed the importance of this project, adding that this project will create a significant number of jobs, especially construction jobs, and will improve the flow of products, materials and traffic in and out of the County. Motion to approve resolution IDA-15-06-17 by Mr. LaBaff, seconded by Mr. Blevins. The motion is approved by unanimous consent. EXECUTIVE SESSION: LaBaff/Weekes motion for Executive Session at 9:08 AM to discuss potential litigation against a specific company and the financial and credit history of a particular corporation. The Board returns to Regular Session at 9:40 AM. ADJOURNMENT: The meeting adjourns at 9:40 AM by unanimous consent. (Mr.) Lynn Blevins, Secretary