June 15, 2021 Agenda
- Post by Carol Ellis
- June 11, 2021
___JOSEPH SEMIONE, CHAIRMAN
___JANE KELLEY, VICE CHAIRMAN
___MIKE FITZGERALD, TREASURER
___JOSEPH GILLIS, SECRETARY
___TODD RULISON, MEMBER
___DAVID D’AMORE, MEMBER
___JAMES MRAZ, EXECUTIVE DIRECTOR
___KARA LAIS, FITZGERALD, MORRIS, BAKER, FIRTH PC
___SCOTT HENZE, PLANNING DIRECTOR
___WARREN GREENE, LIAISON, ECONOMIC DEVELOPMENT AND ENVIRONMENT COMM.
___TIM BECKETT, FULTON COUNTY CENTER FOR REGIONAL GROWTH
___CLIFF BEDAR, CORDOS CONSTRUCTION
___PETER LILHOLT, C.T. MALE ASSOCIATES
MADE BY :
MADE BY :
2. Status Report:
4. Boundary Line Survey:
5. Sale Price:
MOTION: To adopt a Resolution of the Fulton County Industrial Development Agency approving and authorizing sale of real property.
7. Distribution of Lot Sale Revenues:
Total Payments : $153,998
MOTION: To authorize the distribution of the revenues from this lot sale as shown in the Agenda.
MOTION: To authorize the Chairman to execute an Easement Agreement with the Gloversville Board of Water Commissioners.
A. Cliff Bedar, VP and Chief Operations Officer, Cordos Construction
B. Peter Lilholt, Division Manager, Civil Engineering and Land Services, C.T. Male Associates Engineering, Surveying, Architecture, Landscape Architecture and Geology, D.P.C.
4. Project Application:
1) Payment in Lieu of Tax Agreement (PILOT)
2) Sales Tax Exemptions
3) Mortgage Recording Tax Exemption
4) Taxable Bond Financing
MOTION: To approve a Resolution to schedule a Public Hearing relating to the Vireo Health Expansion Project.
5. Project Review Criteria:
a. Section 8 of the Project Application states that the IDA Board shall review Project Applications and utilize the following specific criteria for evaluating and determining whether to provide financial incentives to a proposed project:
a. Will the Project Create or Retain Jobs?
b. What are the wages to be paid for the new jobs being created and the existing jobs being retained?
Category of Jobs to be Retained and Created
Average Annual Salary Hourly Rate for New Job Created
Average Salary or Range of Salary for Jobs Retained
Average Fringe Benefits for New Jobs Created
Average Fringe Benefits for Jobs Retained
c. What is the Total Private Sector Investment?
d. How Much Local Labor will be Utilized During Construction?
e. How much will property values and property tax revenues increase for local taxing jurisdictions?
ISSUE: Based upon the answers provided to these Project Review Criteria, does the IDA Board determine that Vireo’s proposed expansion project should receive the requested financial incentives?
6. Project Structure:
7. Project Number:
MOTION: To classify the proposed Vireo Health Expansion Project as a Type I Action, to propose that the IDA serve as Lead Agency and to authorize the distribution of the Part I EAF to all Involved Agencies asking that they consent to the IDA serving as SEQR Lead Agency for this proposed expansion project.
9. Town of Perth Planning Board:
10. 239 Review:
11. Tryon Technology Park Design Standards:
12. Building Demolition:
a) Require that all contractors that will be on IDA property working on building demolition submit an insurance certificate to the IDA verifying the existence of at least $1 million in both liability and property damage as well as auto liability coverage.
b) All insurance certificates must name the IDA and Fulton County as named additional insured parties.
c) All insurance certificates must be filed with and approved by the IDA prior to any contractor entering IDA property to start demolition work.
d) Stipulate that if, for whatever reason, demolition work commences but the overall project does not move forward that the IDA shall not be responsible or liable for any costs associated with any demolition work initiated or completed and any costs of disposing of demolition debris.
MOTION: To authorize the Chairman to execute a Letter Agreement with Cordos Construction to commence building demolition work on Vireo’s proposed expansion project contingent upon all contractors filing insurance certificates as described in the Agenda.
13. Perth Volunteer Fire Department:
1) A 26’ wide paved fire road going all around the building.
2) 8” water main running parallel to the fire road.
3) In addition to the existing fire hydrant along CR117, new fire hydrants will be installed along the fire road at the four corners of the building.
b. PVFD Input:
a. Basis in Statute:
b. Organizational Structure:
c. ABO Mission:
– Collecting, analyzing and disseminating to the public information on the finances and operations of state and local public authorities;
– Conducting reviews to assess the operating and governance practices of public authorities and compliance with state laws;
– Promoting good governance principles through training and technical assistance, and the issuance of policy guidance and recommended best practices; and
– Investigating complaints made against public authorities for non-compliance or inappropriate conduct.
d. Powers and Duties:
– Overseeing the operations and finances of public authorities to assure they are acting in the public interest and consistent with their intended public purpose.
– Collecting, analyzing and disseminating organizational, operational, performance and financial information on public authorities for the purpose of making this information available to the public.
– Evaluating the compliance of public authorities with their mission statements and the laws of New York State and advising and guiding public authorities concerning their compliance.
– Making recommendations to the Governor and the Legislature on debt, compensation, procurement practices, property transactions, structure and mission, and other issues related to improving the performance and transparency of public authorities.
– Promulgating regulations to carry out the purposes for which the ABO was created.
– Enforcing compliance with statutory requirements, including publicly warning and censuring authorities for non-compliance and recommending the dismissal of officers and directors.
– Investigating and acting on complaints concerning the failure of a public authority to comply with State law.
– Issuing reports of its activities, findings, analysis and recommendations.
a. Auditor Rotation:
No. A public authority may retain an independent audit firm for more than five years, but the firm must change the lead partner on the audit or the partner responsible for reviewing the audit at least once every five (5) years.
b. Board Member Training:
Board members are required to participate in State approved training on their role and responsibilities within one year of appointment to a public authority board. Board members access on-line training via a webinar conducted by the ABO.
c. Board Member Independence:
The majority of the Board must meet the independence requirements of Section 2825(2) of Public Authorities Law. Since the IDA has a seven (7) member board, four (4) of the seven (7) Board members must be independent. Section 2825(2) defines an independent member as one who has not been employed by the public authority or an affiliate in an executive capacity over the past two years; has not been employed by an entity that received more than $15,000 from the public authority or received any other form of financial assistance of more than $15,000; is not a relative of an executive of the public authority or affiliate; and has not been a lobbyist over the past two years.
2. Can an elected or appointed official serve on a public authority board, and is this official considered to be an independent member?
While it is not a recommended practice, the appointment of a government employee is not prohibited under the statute and such individual’s position as a government employee would not inherently affect their independence.
d. Board Structure:
The Audit and Governance Committees are to be comprised of no less than three Board members who meet the independence requirement. It is permissible to appoint a private citizen (non-board member) to one of these committees to meet the minimum requirements, provided that these non-board members are independent and do not constitute the majority of the committee.
2) Does every authority required to have a Finance Committee?
Finance Committees are required for those authorities that issue debt. It is the responsibility of the Finance Committee to review proposals for the issuance of debt by the authority and make recommendations to the full Board.
3) Can the CEO hold the Chairman position of an Authority’s Board?
This is permissible. However, statute dictates that no chair who is also the CEO can participate in determining the level of compensation or reimbursement, or time and attendance rules for the position of CEO.
e. Certification of Financial Reports:
It is the chief executive officer and the chief financial officer, not Board members, who are responsible for the preparation of the authority’s financial statements. With the submission of these reports in PARIS, the CEO and the CFO are stipulating that, to their knowledge, the financial statements are correct, accurate and complete. Reports should not be certified without the Board reviewing and accepting the information as accurate.
PARIS stands for Public Authorities Reporting Information System, and is the online electronic data entry and collection system jointly designed, developed, and operated by the Authorities Budget Office (ABO) and the Office of the State Comptroller (OSC). Public authorities use PARIS to comply with the various reporting requirements of Public Authorities Law, General Municipal Law and OSC Regulations.
2) How often is PARIS used?
IDA staff use PARIS to file:
Access to PARIS is available to IDA staff continuously throughout the year. PARIS should be accessed whenever the IDA wants to update its data, such as debt issuances or property transactions that occur throughout the year. Data entered in PARIS throughout the year is retained and available for edits or revisions until verified, and reports are certified by the appropriate IDA official.
3) How does one access PARIS?
Users access PARIS with a User ID and Password via OSC’s Online Services website at https://onlineservices.osc.state.ny.us/.
i. matters which will imperil the public safety if disclosed;
ii. any matter which may disclose the identity of a law enforcement agent or informer;
iii. information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed;
iv. discussions regarding proposed, pending or current litigation;
v. collective negotiations pursuant to article fourteen of the civil service law;
vi. 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;
vii. the preparation, grading or administration of examinations;
viii. 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.
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 :
July 13, 2021
MADE BY :