ST. LAWRENCE COUNTY INDUSTRIAL DEVELOPMENT AGENCY
MINUTES OF MEETING
January 14, 2009
CALL TO ORDER: Vice-Chairman Ernest LaBaff called to order a regular meeting of the St. Lawrence
County Industrial Development Agency at 8:04 AM at the Best Western, Canton.
ROLL CALL:
Blevins
LaBaff
Morrill
Weekes
Absent
Present
Present
Present
Greenwood
McMahon
Staples
Present
Present
Absent
Others Present: Staff and Officers: Raymond Fountain, Kimberly Gilbert, Leigh Rodriguez, Natalie
Sweatland, and William Small, IDA Counsel, media.
PUBLIC COMMENT: None
MINUTES: Greenwood/Weekes move to accept the December 9, 2008 minutes. Unanimous.
PUBLIC NOTICE: Public notifications sent January 5, 2009 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.
FINANCIAL REPORT (November 2008) Morrill/Weekes. Ms. Gilbert provided a brief overview of the
report. No other questions or comments. Filed for audit.
STAFF REPORT: Ray Fountain reported on the following:
ƒ 2009 Marketing Strategy Overview: Similar to previous year; some adjustments in number of trade
shows.
ƒ Website Redesign: Joint project between IDA, IDALDC, LDC MicroLoan and WIB to provide
comprehensive site for economic and workforce development. Public Authorities Law encourages
IDALDC to disclose information on websites.
ƒ AgPro: Agency Counsel provided two scenarios currently being considered. Currently, $97,160.28 is
owed by AgPro to the various municipalities.
ƒ Gouverneur Industrial Park (Trees): Agency Counsel reported that he did a search, required before
filing, and the corporation on the bid contract was not found. He did find a dba filed for "Miller
Farms," and found a State tax lien against Stephanie Miller. Counsel will notify her of the impending
action and will address possible fraud allegations with Mr. Pecore.
ƒ OpTech: Public Hearing minutes were previously forwarded to IDA members. The company has
reported a roof leak and it is to be inspected, but this should not be a significant problem.
ƒ Heritage Cheese: We received an offer, deemed insufficient, for the 4 pieces of equipment. Agency
Counsel reports that the keys for the vehicles are available for pickup.
ƒ Member Conflict: Underberg & Kessler reviewed appropriate documents and provided an opinion
that Mr. Morrill’s current employment is not in conflict with his role as an IDA Board member. Mr.
Morrill provided the Board with a letter reinforcing the attorney’s opinion. Mr. Morrill reviewed the
two areas of concern of the attorney and notes that his duties at Newton Falls currently do not involve
auditing of bills or procurement and performance of contracts. These duties are the duties of the
mill’s CFO, and if the duties are ever assigned to him, he will address the conflict at that time, or
resign from the IDA. [ Mr. Morrill’s letter is attached to this official record of the proceedings]
ƒ Ethics Law: Underberg & Kessler also provided an opinion regarding the County and the IDA in
regards to the Ethics Law and the financial disclosure requirements. It is the attorney’s opinion that
since IDAs are not considered county agencies, they are not subject to the County’s law and
disclosure requirements. IDAs are still required under State statute to adopt a Code of Ethics, and
submit a financial disclosure to the County’s Board of Ethics, but in a form determined by the
Agency. Mr. Fountain recommended that the Governance Committee review the Ethics Codes and
policies throughout the State IDAs and provide the information to the Agency. Vice-Chairman
LaBaff makes such charge of the Governance Committee.
OLD BUSINESS:
ƒ Resolution: Authorizing a Purchase Option Agreement with Op-Tech Environmental Services,
Inc.: Morrill/McMahon. No questions or comments. Unanimous.
NEW BUSINESS:
ƒ Resolution: Annual Review of Procurement Policy: Morrill/Weekes. Morrill moves to amend
resolution to change current capitalization of purchases to new amount of $2,500. Greenwood
seconds motion to amend. Unanimous to amend resolution. Unanimous approval of amended
resolution.
ƒ Resolution: Annual Review of Investment Policy: Greenwood/Weekes. No questions or
comments. Unanimous.
ƒ Resolution: Authorizing Modifications to IDA 2009 Budget: Morrill/Weekes. Mr. Fountain
reports that the authorization to purchase the building was made after the 2009 IDA Budget was
adopted. This realigns the budget to reflect the sale. Unanimous.
ƒ
Resolution: Authorizing Sale of Industrial Building: Weekes/Greenwood. This authorizes the
sale of the Building 17 to Media Accessories.com, Inc. This building better suits the company’s
needs, and the IDA will assist the company in finding a sub-lessee for 5,000 sq ft of space within
the company’s new building. In response to Mr. McMahon’s query, Mr. Fountain assures him
that no profit was made by the IDA as a result of this transaction. The price $435,000 reflects
costs associated with improvements and maintenance. Weekes/Greenwood move to amend the
resolution to insert the word “negative” in the last paragraph [negative public comments]. A
concern is raised that previously the idea of the IDA purchasing this building gave the IDA
different size options for companies, but now that the building is being sold, the IDA is losing
control over the property and the ability to market it. The attendees are advised that while the
company wanted to have governance over their own property, the IDA is confident that it is the
company’s plan to lease the remaining portion of their building. Unanimous to amend resolution.
Unanimous approval of amended resolution.
Resolution: Supporting Construction of a Four-Lane Highway in St. Lawrence County:
ƒ
Morrill/Greenwood and Weekes. Mr. LaBaff notes that resolutions from all involved entities are
needed to show support for the project and put it on the front burner. Economic development will
continue to be hindered until we get a four-lane highway. Unanimous.
Morrill/McMahon motion for a recess at 8:40 AM. Unanimous.
Return from recess at 8:46 AM.
EXECUTIVE SESSION: Morrill/Weekes motion for Executive Session at 8:46 AM to discuss
negotiations. Unanimous. Return to Regular Session at 9:20 AM.
ADJOURNMENT: Morrill/Greenwood motion for adjournment at 9:20 AM. Unanimous.
(Mr.) Lynn Blevins, Secretary