+ 518-736-5660 1 East Montgomery Street | Johnstown, NY 12095

AGENDA

FRIDAY MARCH 17, 2023
8:00 A.M - PLANNING DEPARTMENT CONFERENCE ROOM

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PRESENT:

___MIKE FITZGERALD, CHAIRMAN
___SUE COLLINS, VICE CHAIRMAN
___JOSEPH GILLIS, SECRETARY
___TODD RULISON, TREASURER (ZOOM)
___JOSEPH SEMIONE, MEMBER (ZOOM)
___DAVID D’AMORE, MEMBER
___DR. GREG TRUCKENMILLER, MEMBER
___JAMES MRAZ, EXECUTIVE DIRECTOR
___KARA LAIS, FITZGERALD, MORRIS, BAKER, FIRTH PC
___SCOTT HENZE, PLANNING DIRECTOR
___GEOFF PECK, FULTON COUNTY CENTER FOR REGIONAL GROWTH

I. MINUTES FROM FEBRUARY 14, 2023 MEETING:

MOTION        :
MADE BY      :
SECONDED   :
VOTE              :

II. BUDGET REPORT:

MOTION :
MADE BY :
SECONDED :
VOTE               :

III. COMMITTEE REPORTS:

A. Nominating Committee

  • No report.

B. Audit Committee:

  • Monthly Bank Reconciliation Report:  Mike Fitzgerald

C. Governance Committee:

  • No report.

D. Finance Committee:

  •  No report.

IV. FULTON COUNTY/FULTON COUNTY CENTER FOR REGIONAL GROWTH (FCCRG) REPORTS:

  1. Fulton County Report:
  2. FCCRG Report: (See attached.)  Geoff Peck

V. OLD BUSINESS:

A. Nexus Renewables Project:

  • Nothing new to report.

B. Winstanley Enterprises Project:

  • Nothing new to report.

C. Back-up Generator Project:

  • Backup generator has been installed.
  • National Grid has turned on gas to generator.
  • Koval was at the site on March 7, 2023 to train County Facilities staff. Upon opening the cabinet to the generator, Koval discovered rust and corrosion in numerous locations on the generator.
  • Koval summarized that salt spray from the truck that transported the generator to the site got up underneath the generator’s enclosure and caused the rust and corrosion.
  • Given this finding, the training was cancelled.
  • Koval contacted its supplier who contacted Generac to discuss what to do.
  • Waiting to hear back from Generac on what they plan to do to address this issue.

 

IDA DISCUSSION:

 

D. Benjamin Moore Project:

  1. Background:
  • In 2021, the IDA authorized sales tax exemptions be provided to the proposed Benjamin Moore Project:

Total Project Cost                                                 :  $17,750,000
Total Costs Subject to Sales Tax                        :  $  9,000,000
Total Sales Tax Exemptions Approved             :  $     720,000

 

  1. Requests to Increase Total Sales Tax Exemptions:
  • In 2022, the IDA approved a request from Benjamin Moore to increase the total sales tax exemptions for their Expansion Project.
  • In 2023, Benjamin Moore has submitted a second request to increase the total sales tax exemptions for their Expansion Project:

Proposed                                                             Original          2022 Revision      2023 Revision

Total Costs Subject to Sales Tax : $9,000,000   $10,400,000         $13,400,000
Total Sales Tax Exemptions :         $   720,000   $     832,000         $  1,072,000

  • The reason cited by Benjamin Moore for making this request is inflation continues to drive up the cost of materials.

 

  1. Public Hearing:
  • General Municipal Law requires a public hearing when benefits exceeding $100,000 are proposed to be provided.
  • This request would authorize an additional $240,000 in sales tax exemptions.
  • A public hearing on this request for additional sales tax exemptions was held on Monday, February 27, 2023.
  • No one spoke at the hearing.

 

  1. Resolution:
  • See attached Resolution.

 

IDA DISCUSSION:

IDA ACTION:

MOTION:                   To adopt a Resolution approving of an increase in sales tax exemptions in connection with the Benjamin Moore & Company Project.

MADE BY:
SECONDED:
VOTE:

VI. NEW BUSINESS:

A. Review Audit of IDA's 2022 Financial Statements:

  1. Key Finding:
  • Based upon West & Company’s review of the IDA’s 2022 financial records, West & Company has issued an “unmodified opinion.”
  • This is the best opinion the IDA can receive.
  • The IDA has consistently received unmodified opinions on its audits.
  • Draft Audit was emailed to IDA Board members on March 7, 2023.

 

  1. Presentation by West & Company:

 

IDA DISCUSSION:

 

IDA ACTION:

MOTION:                   To approve the 2022 Audit as submitted by the West & Company and authorize West & Company and the Executive Director to file the Audit in PARIS and with Fulton County Treasurer, Commissioner of Department of Economic Development, NYS Comptroller and to post it on the IDA’s website.

MADE BY:
SECONDED:
VOTE:

B. IDA's 2022 Annual Report:

  • IDA’s 2022 Annual Report has been prepared in accordance with the ABO’s requirements.
  • Report was e-mailed to IDA Board members on March 7, 2023.

 

IDA DISCUSSION:

 

IDA ACTION:

MOTION:                   To approve the 2022 Annual Report and authorize and direct the Executive Director to file the Annual Report under PARIS and with the Board of Supervisors and post the report on the IDA’s website.

MADE BY:
SECONDED:
VOTE:

VII. OTHER BUSINESS:

A. Board Training:

  1. Public Work Enhancement Fund:

a) Background:

  • NYS Department of Labor has a Public Work Enhancement Fund that was established by Chapter 511 of the Laws of 1995 (as amended by Chapter 513 of the Laws of 1997, Chapter 655 of the Laws of 1999, Chapter 376 of the Law of 2003, and Chapter 407 of the Laws of 2005).
  • This Law requires each State agency or public benefit corporation (IDA’s) that enters into a public work contract to pay one tenth (0.1) of one percent (0.01) of the total cost of the contract to this Fund.

 

b) Notice of Agency Responsibility:

  • The IDA received, on February 7, 2023, a form from the NYTS Department of Labor. (See attached.)
  • The form needs to be signed by the Chairman.

 

IDA DISCUSSION:

 

IDA ACTION:

MOTION:

MADE BY:
SECONDED:
VOTE:

 

  1. Fulton County’s 2018 Housing Strategy:

a) Key Findings:

  1. There is a shortage of new single-family professional and executive level housing in the County.
  2. There is a current and future need for a variety of housing options for empty nesters to accommodate their increased mobility, reduce maintenance demands and encourage the turn-over of housing that would appeal to younger families.
  3. There is a shortage of mixed-use neighborhoods outside of the Cities. These types of neighborhoods appeal to the nation’s largest demographic segments: baby boomers and millennials.
  4. There is strong current and future demand for new senior housing to meet changing lifestyles and accessibility needs in the form of apartments and patio homes which are smaller, easier to maintain and provide a good bridge to retirement for many households.
  5. There are a number of formerly productive, but currently vacant, institutional and manufacturing properties. Some can be adaptively reused but others will need to be demolished, at least in part, and redeveloped.
  6. The Cities need rich amenities to attract people to live in downtown. Mixed-use places with gathering spaces, public art, open space, recreation trails, attractive streetscapes, Wi-Fi access and adequate and safe parking are needed to meet the contemporary expectations of residents and visitors.  Housing is going to occur first in those communities that have these amenities.

b) Goals and Recommendations:

  • See attached.

 

IDA DISCUSSION:

B. Executive Session:

  1. Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered, a public body may conduct an executive session for the below enumerated purposes only, provided, however, that no action by formal vote shall be taken to appropriate public moneys:

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      :
SECOND        :
VOTE              :
TIME              :

 

MOTION        :           To go out of Executive Session.

MADE BY      :
SECOND        :
VOTE               :
TIME              :

VIII. NEXT MEETING:

Tuesday
April 11, 2023
8:00 a.m.

IX. CLOSE MEETING:

MOTION        :

MADE BY      :
SECONDED   :
VOTE               :
TIME              :