May 14, 2019 Agenda
- Post byCarol Ellis
- May 6, 2019
___DAVE D’AMORE, CHAIRMAN
___TIM MUNN, VICE CHAIRMAN
___JOSEPH SEMIONE, TREASURER
___JOE GILLIS, SECRETARY
___TODD RULISON, MEMBER
___GEORGE DOHERTY, MEMBER
___JANE KELLEY, MEMBER
___JAMES MRAZ, EXECUTIVE DIRECTOR
___KARA LAIS, FITZGERALD, MORRIS, BAKER, FIRTH PC
___SCOTT HENZE, PLANNING DIRECTOR
___RON PETERS, FULTON COUNTY CENTER FOR REGIONAL GROWTH
___MARIE BORN, LIAISON, ECONOMIC DEVELOPMENT AND ENVIRONMENT COMMITTEE
___MIKE ANICH, LEADER-HERALD
MADE BY :
MADE BY :
2. Status Report:
3. Project Extension:
MOTION: To extend the project completion date for the Johnstown Renewables Project to December 31, 2019.
2. Structure of Fulton County Industrial Development Agency:
a. Board of Directors:
a) Matters which will imperil public safety if disclosed.
b) Any matter which may disclose the identity of a law enforcement agent or informer.
c) Information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed.
d) Discussions regarding proposed, pending or current litigation.
e) Collective negotiations pursuant to article fourteen of the civil service law.
f) The medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation.
g) The preparation, grading or administration of examinations.
h) The proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof.
06-01 : Board Member Training
06-02 : Understanding Corporate Governance
07-01 : Independence of Board Members
07-02 : Financial Disclosure by Local public Authority Board Members
07-03 : Compliance Review Process
07-04 : Posting and Maintaining Reports on Public Authority Websites
10-01 : Acknowledgement of Fiduciary Duty
10-02 : Public Authority Mission Statements and Measurement Reports
10-03 : Posting and Maintaining Reports on Public Authority Web Sites
10-05 : Annual Board of Directors Evaluation
11-01 : Compliance Review Requirements
11-02 : Enforcement Powers of the Authorities Budget Office
14-01 : Explanatory Statement of the Circumstances of Property Disposal by Negotiation
14-02 : Formation of a Subsidiary by a Public Authority
15-01 : Restrictions on Grants and Loans Made by Public Authorities
17-02 : Public Authority Procurement Guidelines
18-02 : Public Authority Investment Report
2. 2019 Lease Agreement:
MOTION: To authorize the Chairman to execute an Agreement with R & R Farms to lease lands at the Tryon Technology Park.
MOTION: To authorize a payment of $144.40 to Hosting4Less.
Building 3 : 3 lots
Building 60 : 1 lot
2. Request to Extend Use of Parking Vehicles at Tryon Technology Park:
MOTION: To authorize Don Brown Bus Sales to utilize the parking lot behind Building #3 at the Tryon Technology Park to park buses until August 31, 2019.
a. Fulton County’s Development Strategy includes the creation of a Primary Development Area called the Hales Mills Development Area.
b. The Concept Plan for this Development Area is consistent with the Comprehensive Plan of the Town of Johnstown.
c. The Hales Mills Development Area consists of four (4) parcels of land that are owned by two (2) property owners.
d. Robert Bowe owns two (2) of the parcels:
163.-1-19.2 : 69+/- acres : west side of Hales Mills Road
163.-1-26.12 : 89.5+/- acres : east side of Hales Mills Road
e. Fulton County desires parcel 163.-1-26.12 to be developed into housing, commercial and retail uses identified on the Hales Mills Development Area Concept Plan and the Town of Johnstown desires parcel 163.-1-19.2 to potentially develop into a recreational facility also as identified on the Hales Mills Development Area Concept Plan.
f. The Hales Mills Development Area Project will address the public need of creating new housing, providing public recreational facilities and generating new property and sales tax revenues to stabilize property tax rates for Fulton County residents.
a. In June, 2018, Mr. Bowe put these two (2) parcels up for sale.
b. Fulton County and the Fulton County Industrial Development Agency (IDA) have both attempted to negotiate the purchase of the parcels owned by Mr. Bowe. However, these negotiations have not resulted in the purchase of the parcels.
c. Independent certified appraisals have determined that Mr. Bowe’s asking price exceeds substantially the appraised value of the land.
3. Eminent Domain:
a. The Fulton County Industrial Development Agency was created by the Board of Supervisors in 1969 to promote the economic welfare of the County by improving business development and recreational opportunities.
b. Industrial Development Agencies are authorized by Sections 852 and 858 of the General Municipal Law to acquire property under the Eminent Domain Procedure Law (EDPL) which is necessary for its corporate purposes.
c. On May 1, 2019, the Economic Development and Environment Committee recommended that the Board of Supervisors authorize and direct the IDA to undertake an EDPL Action to acquire parcels 163.-1-19.2 and 163.-1-26.12, contingent upon:
d. It is proposed that the EDPL Public Hearing be scheduled for:
June 4, 2019
Town of Johnstown Town Hall
MOTION: To pursue this EDPL action, to adopt a Resolution scheduling a Public Hearing in accordance with EDPL and to authorize the Chairman to sign Agreements with Fulton County and the Town of Johnstown subject to the final approval of IDA Counsel and the Executive Director.
MOTION: To go into Executive Session to discuss the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof.
MADE BY :
MOTION : To go out of Executive Session.
MADE BY :
June 11, 2019
MADE BY :