April 9, 2019 Meeting Notes
- Post by Carol Ellis
- April 12, 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
MOTION : Accept as presented.
MADE BY : Joseph Gillis
SECONDED : Jane Kelley
VOTE : 5 in favor, 0 opposed, 2 abstained (Todd Rulison/Joe Semione)
MOTION : Accept as presented.
MADE BY : Jane Kelley
SECONDED : George Doherty
VOTE : Unanimous
2. 2019 Goal:
a. Market Tryon Development Area:
3. Other Potential Goals:
a. Identify Sites for Potential Development:
b. Review illustration example of identifying potential sites:
IDA DISCUSSION: Jim Mraz provided a presentation to the IDA Board regarding the process the Board would go through if it desired to pursue investigating potential infill sites for development. He stated the IDA Board discussed this concept at its last meeting and agreed to have Jim Mraz present an illustration of the process that the IDA Board would go through in reviewing potential sites. Jim Mraz reviewed the zoning (allowable uses and setbacks), wetlands, flood hazards and other information regarding the site. He stated the information collected results in a determination being made of how much of a site can be developed. He stated that this information would be presented to the IDA Board along with the uses that are allowed by the Zoning Ordinance on a potential site. Based upon this review of this information, the IDA Board would make a determination on whether the site had potential development or not. This determination would be based upon how many impediments there may be to development on a particular site. He stated that if the IDA Board found a site had potential for development and a use that would be of interest, the next step would then be for the IDA to contact the property owner to share the information gathered to date. The property owner would then decide whether they would have an interest in executing an Access Agreement with the IDA to allow for more detailed investigative work to be done on the property and whether the property owner would be willing to enter into a purchase option with the IDA. If the property owner was interested, the IDA would then look to hire an engineer to go and conduct the more detailed type investigations that are being done at the Tryon Development Area. Once this detailed engineering evaluation was completed, the final step would be to market the site for potential development. Jim Mraz stated that the process would involve, initially, a no-cost evaluation being conducted of a site. The second step would then be to determine the property owner’s interest. The third step would be where the IDA would have to invest certain dollars to have the detailed engineering work done. The final step would be in marketing the property.
Joe Semione asked if the IDA would look to purchase the property or seek an option? Jim Mraz stated that either approach could be utilized. He stated it would be up to the IDA to decide on a case-by-case basis. He stated that Joe Gillis, at the last meeting, advised for the IDA Board to be cautious in not getting involved with potential properties that could result in a financial drain on the IDA. Dave D’Amore supported having the IDA Board getting involved with this process. He stated the IDA has a responsibility to be proactive. He stated getting involved with this process would help promote and facilitate development on certain infill sites in Fulton County. Tim Munn stated he also thought this was a worthwhile process for the IDA to get involved with.
Jim Mraz stated that, based upon feedback obtained, a list of potential sites will be developed and presented at the next IDA Board meeting. He asked IDA Board members to also identify potential sites that they would like to have included onto this list. The IDA Board would then meet and review all of the potential sites and identify which one or ones it may want to initially pursue.
1. Status Report:
2. Land Acquisition:
IDA DISCUSSION: Jim Mraz reviewed the information on the Agenda. He stated the construction work on this project is scheduled to begin on April 15, 2019. He distributed a copy of a map showing the parcel that would be acquired for this intersection reconstruction project. He asked if there were any questions. There were none.
MOTION: To authorize the IDA Chairman to execute a deed transferring ownership of a 2+/- acre parcel of land at the intersection of CR158 and CR107 over to Fulton County.
MADE BY: Joseph Semione
SECONDED: Tim Munn
2. Review NYS Department of Taxation and Finance’s Requirements for IDA’s Granting Sales Tax Exemptions:
– Business or developer,
– Contractor, or
c. Form ST-60:
d. IDA’s Record Keeping and Reporting Requirements:
e. Form ST-62: Annual Compliance Report:
– The terms and conditions of each of its projects;
– The IDA’s activities and efforts to recapture any state sales tax exemption benefits due;
– Commissioner of Taxation and Finance
– Director of the Budget
– Commissioner of Economic Development
– State Comptroller
– Municipalities Governing Body
f. Recapturing Sales Tax Benefits:
– Not entitled or authorized to be taken;
– In excess of the amounts authorized;
– For unauthorized property or services; or
– For property or services not used according to the terms of the project contract with the IDA.
g. IDA Resolutions and Project Documents:
2. Reporting Requirements: Form ST-340:
– The “agent” itself; and
– The “agent’s” sub-agents, contractors, subcontractors, consultants, and others, whether or not appointed as agents of the IDA.
h. “Agent” Responsibilities:
Form FT-123, IDA Agent or Project Operator Exempt Purchase Certificate for Fuel.
Form ST-123, IDA Agent or Project Operator Exempt Purchase Certificate, or
IDA DISCUSSION: Jim Mraz reviewed the information on the Agenda. He stated that one of the things that the IDA Board needs to be doing on a consistent basis is making sure that companies obtaining sales tax exemption benefits from the IDA’s file their Form ST-340 annually with the NYS Department of Taxation and Finance and the IDA. He asked if there were any questions. There were none.
2. Proposed Revisions to UTEP:
IDA DISCUSSION: Jim Mraz reviewed the information on the Agenda. He reviewed the proposed changes to the UTEP that were highlighted in the handout. He stated these changes were as a result of the feedback he obtained from the webinar he participated in last week. He stated that there was one (1) additional change proposed for dealing with PILOT’s. He reviewed the proposed change with all IDA members present. After reviewing all of the proposed changes to the UTEP, he asked if there were any questions. There were none.
MOTION: To amend the Uniform Tax Exemption Policy (UTEP) to revise language dealing with recapturing unauthorized sale tax exemptions and add new Project Operator/Agent reporting requirements regarding real property and sales tax exemption benefits received.
MADE BY: Joseph Gillis
SECONDED: Joseph Semione
|Brush Hog/Flail Mower||
|Ever Green Landscaping||$ 4,440||$ 4,494||$ 8,934|
|James Esper Landscape||$ 7,800||$ 3,850||$11,650|
IDA DISCUSSION: Jim Mraz reviewed the information on the Agenda. Joe Gillis asked if the recent increase in costs for mowing was as a result of asking for more areas to be mowed? Jim Mraz stated, “Yes.” He stated that the Site Selectors recommended additional areas be mowed and maintained. Jim Mraz asked if there were any further questions? There were none.
MOTION: To authorize the Chairman to sign an Agreement with Evergreen Landscaping in the amount of $8,934 to provide lawn mowing services at the Tryon Technology Park.
MADE BY: Joseph Gillis
SECONDED: Jane Kelley
A. Proposed State Legislation to Mandate NYS Prevailing Wages on IDA Projects:
May 14, 2019
MOTION : To close the meeting.
MADE BY : Joseph Semione
SECONDED : Timothy Munn
VOTE : Unanimous
TIME : 9:45 a.m.