ST. LAWRENCE COUNTY INDUSTRIAL DEVELOPMENT AGENCY MINUTES OF MEETING October 13, 2009 CALL TO ORDER: Chairman Brian Staples called to order a meeting of the St. Lawrence County Industrial Development Agency at 8:04 AM at the University Inn / Best Western, Canton. ROLL CALL: Blevins LaBaff Morrill Weekes Present Present Present Present Greenwood McMahon Staples Absent Present Present Others Present: IDA Staff Raymond Fountain, Patrick Kelly, Richard Williams, Brian Norton, Kim Gilbert and Natalie Sweatland; William R. Small, Esq., Edmund J. Russell, III, Esq. MINUTES: LaBaff/Morrill move to accept the minutes of the September 3, 2009 meeting. PUBLIC NOTICE: Public notifications sent October 1, 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. PUBLIC COMMENT: None FINANCIAL REPORT: Report ending August 2009 is filed for audit without comment. COMMITTEE REPORT: Chairman Staples reports on meetings between designees of the IDA and the Local Government Task Force, calling the meetings “fruitful.” Mr. Morrill reports on the meeting held between designees of the IDA and the County Chairs Committee regarding the withdrawal of the IDA from under the County umbrella. The discussions were a long time coming and he believes progress was made. STAFF REPORT: Ray Fountain reports on the following: General Motors: Michael Darcy (Darcinoff Group) has been invited to speak to the IDA at an upcoming meeting. Mr. Darcy indicated that it may be too early in the planning stages to speak, but he may come up at some point later. Canton Industrial Park: Pursuant to the MOU signed by the IDA, the County, NYSARC, the Town of Canton and the Village of Canton, the IDA is ready to notify the County of its intent to take possession of the Count-owned property on Commerce Lane, Canton. Mr. McMahon inquires if there has been a commitment from the IDA or if there has been a philosophical understanding that the IDA would take this property. Mr. Fountain notes that the IDA committed to this idea when it signed the MOU, and that the original plan was always to take ownership of the property. Embassy: The IDA will host a marketing event on November 19 at the US Embassy in Ottawa. The event will focus on power as a selling point to Canadian companies. Between 25 and 50 individuals are expected to attend, but more definite numbers will be available as the event nears. St. Lawrence Gas: Governor Paterson is expected to make an announcement in Franklin County today regarding the gas company’s project. The company may, in addition to the Franklin County portion of the project, be asking St. Lawrence County for a deviation (15 year PILOT as opposed to the norm of 10 years) from the standard PILOT. Mr. Kelly notes that 4 [St. Lawrence County] taxing jurisdictions will be affected by this project. The IDA usually conforms to the wishes of the taxing jurisdictions as it pertains to this PILOT. Local Government Task Force: The Task Force is scheduled to meet Thursday at 7:00 PM at the Louisville Fire Hall. Mr. LaBaff and Mr. Blevins commit to attending the meeting with Mr. Fountain. Environmental Coalition: The letter written by the St. Lawrence Valley Environmental Coalition to NYPA CEO Richard Kessel is shared with the meeting attendees. PAAA Training: Members are reminded that the training session for the PAAA requirement is next Tuesday. The IDA will meet at 7:30 AM with training to begin at 8:15 AM. The training should be complete by 9:00 AM. OLD BUSINESS: None NEW BUSINESS: Resolution “Rushton Place, LLC Project_Inducement Resolution” LaBaff/Weekes. Mr. Russell introduces himself, noting he is the IDA attorney on this project. This resolution appoints Rushton Place at the lead agent for the IDA, thereby allowing the company to acquire the necessary construction materials without imposition of a sales tax on the materials. Later, the IDA will be asked to approve the Lease/Leaseback documents. Mr. Fountain explains that there are multiple parts to this project (office space, condos). The condos will be placed on the tax rolls as soon as they are sold/occupied for residential use. Leased residential spaces will also be placed on the tax rolls. Unanimous. Resolution “Participation in the NYS Retirement System” Blevins/LaBaff. Mr. Fountain explains that this resolution is required by the Office of the NYS Comptroller. In response to Mr. Staples’ question, Mr. Kelly notes that this resolution only covers the IDA – the IDALDC is not eligible to participate in the NYS Retirement System. Mr. Morrill notes that the system is set up so when times a good, contributions are low; when times are bad, the contribution is more. Mr. Staples notes that unlike the County, the IDA may set aside a reserve for instances like these. Unanimous. Resolution “Accepting 2010 Tentative Budget” Blevins/LaBaff. Mr. Fountain reports that this is the first step of the budgeting process. The IDA must have a budget in place 60 days before the end of the fiscal year (per PAAA). A tentative budget must also be in place 20 days before final approval pursuant to General Municipal Law. Unanimous. Resolution “Authorizing the Execution and Delivery of a Supplemental Trust Indenture and Related Documents with Respect to the $2.5MM multi-mode Variable Rate Civic Facility Revenue Bonds (Potsdam Auxiliary and College Educational Services, Inc. Project 0 Letter of Credit Secured) Series 2007: LaBaff/Weekes. This request is similar to that taken by the IDA for the St. Lawrence University Project. The IDA is not providing any new financial assistance. Unanimous. Resolution “Supporting the St. Lawrence County Industrial Development Agency Local Development Corporation as it Pertains to an Agreement with the St. Lawrence River Valley Redevelopment Agency” LaBaff/Weekes. Mr. Fountain notes that this resolution affirms the IDA’s support of the agreement between the two entities. It is the intent of the parties to forward the signed agreement to NYPA by Friday, October 16. The resolution passes with 5 “aye” votes (Blevins, LaBaff, Staples, Weekes, Morrill) and with 1 abstention (McMahon). EXECUTIVE SESSION: Morrill/LaBaff move for Executive Session at 8:36 AM to discuss litigation with a specific company. Morrill/LaBaff move to return to Regular Session at 8:40 AM. ADJOURNMENT: LaBaff motion to adjourn at 8:40 AM. Adjourned by unanimous consent. (Mr.) Lynn Blevins, Secretary