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November 10, 2020 DRAFT Meeting Notes

FULTON COUNTY INDUSTRIAL DEVELOPMENT AGENCY
TUESDAY, NOVEMBER 10, 2020, 8:00 A.M.

PLANNING DEPARTMENT CONFERENCE ROOM

MEETING NOTES

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PRESENT ON CONFERENCE CALL:

DAVE D’AMORE, CHAIRMAN
­­­JOE SEMIONE, VICE CHAIRMAN
TODD RULISON, TREASURER
JANE KELLEY, SECRETARY
TIM MUNN, MEMBER
MIKE FITZGERALD, MEMBER
JAMES MRAZ, EXECUTIVE DIRECTOR
KARA LAIS, FITZGERALD, MORRIS, BAKER, FIRTH PC
SCOTT HENZE, PLANNING DIRECTOR
GEOFF PECK, FULTON COUNTY CENTER FOR REGIONAL GROWTH
JOHN BLACKMON, LIAISON, ECONOMIC DEVELOPMENT AND ENVIRONMENT COMMITTEE

I. ROLL CALL:

Aye         Nay         Abstain           Absent

Dave D’Amore                                 ___         ___               ___
Joe Semione                            ___         ___               ___
Todd Rulison                                 ___         ___               ___
Jane Kelley                            ___         ___               ___
Mike Fitzgerald                        ___         ___               ___
Joseph Gillis                 ___         ___         ___               X__
Tim Munn                               ___         ___               ___

(Tom Casey entered the waiting room at 9:43 a.m. and left at 9:50 a.m.)

II. MINUTES FROM OCTOBER 13, 2020 MEETING:

MOTION                    :           Accept as presented.

MADE BY                  :           Joe Semione
SECONDED               :           Jane Kelley
ROLL CALL VOTE   :
Aye         Nay         Abstain           Absent

Dave D’Amore                                 ___         ___               ___
Joe Semione                            ___         ___               ___
Todd Rulison                                 ___         ___               ___
Jane Kelley                            ___         ___               ___
Mike Fitzgerald                        ___         ___               ___
Joseph Gillis                 ___         ___         ___               X__
Tim Munn                                                 ___               ___                         ___

 

NOTE: A transcript of the October 13, 2020 meeting has been prepared and posted on the IDA’s website in compliance with Governor Cuomo’s Executive Order suspending the Open Meetings Law.

III. BUDGET REPORT:

MOTION        :           Accept as presented.

MADE BY      :           Joe Semione
SECONDED   :           Jane Kelley
ROLL CALL VOTE   :
Aye         Nay         Abstain           Absent

Dave D’Amore                                 ___         ___               ___
Joe Semione                            ___         ___               ___
Todd Rulison                                 ___         ___               ___
Jane Kelley                            ___         ___               ___
Mike Fitzgerald                        ___         ___               ___
Joseph Gillis                 ___         ___         ___               X__
Tim Munn                               ___         ___               ___

IV. COMMITTEE REPORTS:

A. Nominating Committee

  • No report.

B. Audit Committee:

  • Monthly Bank Reconciliation Report: Mike Fitzgerald

 

IDA DISCUSSION:  Mike Fitzgerald approved the Monthly Bank Reconciliation Reports.

C. Governance Committee:

  • No report.

D. Finance Committee:

  •  No report.

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

  1. Fulton County Report: John Blackmon, Liaison
  2. FCCRG Report: (See attached.)  Geoff Peck

 

IDA DISCUSSION:  John Blackmon stated that this month’s Board of Supervisors’ meeting has been postponed one (1) week because several Supervisors were exposed to COVID.  He stated that there are two (2) additional retail stores in Johnstown that are closing:  Johnstown Restaurant and Dave’s Photo Shop.  John Blackmon reported that the Board of Supervisors has removed several people from various Committees due to their not filing Financial Disclosure Statements.  John Blackmon also referenced a 20 megawatt Solar Project that’s being proposed in Perth.  He stated projects of this size are not subject to review by local Planning Boards.

Geoff Peck stated that the CRG is working on a project in the Johnstown Industrial Park.  He stated the CRG’s magazine should be coming out shortly.   The CRG will have a grand opening for it.  Geoff Peck stated that the CRG continues to market Tryon through its website and answering inquiries.  Joe Semione asked if the IDA could receive the email blast that goes out regarding Tryon?  Geoff Peck stated that he would provide that email to the IDA.  Geoff Peck stated that the CRG has yet to receive any direct calls or leads regarding Tryon from these email blasts.

VI. OLD BUSINESS:

A. IDA Website:

  1. Background:
  • At its November 12, 2019 meeting, IDA Board hired Emery Designs to update IDA’s website.
  • Executive Director has been participating in weekly Conference Calls with Emery Designs to discuss various issues.
  • At its January 14, 2020 meeting, the IDA Board agreed to consolidate the information on the Tryon Technology Park website (tryontechnologypark.com) into the IDA’s website (fcida.org) but retain the domain name Tryon Technology Park.

2. Status Report:

  • In response to the COVID Pandemic, Emery Designs is working on adding narrative/graphics to the Home page emphasizing that Fulton County is a safe, healthy place to live/do business.
  • Drafted flow chart of Fulton County’s Economic Development Program and summary of everyone’s roles to put on website.
  • On September 25, 2020, emailed draft to Board of Supervisors, FCCRG and Fulton Montgomery Regional Chamber of Commerce for review and comments.
  • To date, no comments have been received.

 

IDA DISCUSSION:  Jim Mraz reviewed the information on the Agenda.  He stated that he is still working with Betsy Emery on the graphics for the flowchart.

B. Cushman Wakefield:

  • Cushman Wakefield has listed Tryon’s shovel-ready land and the two (2) buildings onto their website as follows:

– The land is listed at $27,500 per acre.
– The 15,000+/- sf Building 60/the former Maintenance Shop is listed at $150,000.
– The 15,000+/- sf portion of Building 3 referred to as the Midas Building is listed at $350,000.

  • Cushman Wakefield has shown these buildings to several interested parties.
  • Interested parties having difficulties getting information from National Grid on potential electric and gas connection costs.

C. Lands on South Side of CR107:

1. Background:

  • IDA Board retained Coldwell Banker Arlene M. Sitterly to market the 27+/- acre parcel of land on the south side of CR107.
  • The IDA Board received four (4) formal offers to purchase the property. One of the offers was subsequently withdrawn.

2. May 12, 2020 IDA Board Meeting:

  • At its May 12, 2020 meeting, the IDA Board unanimously agreed to accept the offer from Squires/McCashion.

3. June 9, 2020 IDA Board Meeting:

  • On May 22, 2020, Dave Huckans/Dr. Shri Verma submitted a revised offer to the IDA. Revised offer increased purchase price from $30,000 to $90,000 with no contingencies.
  • On June 8, 2020, Clayt Sitterly emailed the IDA advising that his clients, Squires/McCashion, had decided to not pursue its project and was therefore withdrawing its offer to purchase the 27+/- acres on the south side of CR107.
  • At its June 9, 2020 meeting, the IDA Board agreed to meet with Mr. Huckans and Dr. Verma to discuss their revised proposal.

4. July 14, 2020 Meeting:

  • On June 12, 2020, IDA representatives met with Dave Huckans, Dr. Verma and Baljit Verma to discuss their revised offer.
  • Their plan for the property includes the following:

– Create a business to manufacture and distribute probiotics.
– Promote organic farming and use the site as a hub for selling organic farm-to-table products.
– Relocate an existing business to the site.

  • On June 15, 2020, a request was made to Dave Huckans and Dr. Verma to prepare and submit to the IDA a more detailed business plan.
  • On June 15, 2020, several questions were asked of the IDA about the property. Responses were provided on June 16, 2020.
  • National Grid came to the site on June 23, 2020 to mark the location of their gas mains.
  • On June 24, 2020, Dave Huckans called to ask that the utility rooms to the existing buildings be opened so he and Gloversville Water Department could see where water lines entered each building. Those utility rooms were opened the same day.
  • On July 7, 2020, Dave Huckans submitted a revised business plan summarizing how they intend to develop the site. Revised plan was submitted and reviewed at July 14, 2020 meeting.
  • At July 14, 2020 meeting, IDA Board authorized its Chairman to execute a Purchase Contract for the sale of these 27+/- acres to Huckans/Verma.

 

5. August 11, 2020 Meeting:

  • Purchase Contract has yet to be signed by Verma/Huckans.
  • Responded to series of questions submitted by Dave Huckans.
  • Conducted conference call on August 3, 2020 with Dave Huckans and Paul Kolodziej, his attorney.
  • Huckans is seeking additional information on three (3) items:
  1. Estimated IDA legal fees that Mr. Huckans will be responsible for paying.
  2. Verification that the Town of Perth or Fulton County will take over ownership of access driveway.
  3. Verification that this parcel will be included in proposed Fulton County Sewer District No. 4.
  • Mr. Huckans advised that these issues need to be addressed in order for them to execute the Purchase Contract.
  • IDA Board agreed to ask Verma/Huckans to submit a signed Purchase Contract to the IDA by August 18, 2020.

6. September 8, 2020 Meeting:

  • Executed Purchase Contract was received on August 18, 2020.
  • Chairman D’Amore executed the Purchase Contract and it was returned on August 21, 2020.
  • Deposit check has been received and is being held by Coldwell Banker.
  • Purchase Contract included three (3) conditions:
  1. Estimated IDA legal fees that Mr. Huckans will be responsible for paying.
  2. Verification that this parcel will be included in proposed Fulton County Sewer District No. 4.
  3. Verification that the Town of Perth or Fulton County will take over ownership of access driveway.
  • Item #1 has been addressed. Kara Lais sent an estimate to Paul Kolodziej, the Purchaser’s attorney.
  • Item #2 has been addressed. On August 18, 2020, Jim Mraz e-mailed Dave Huckans a map showing that the parcel was included in proposed Fulton County Sewer District No. 4.
  • Item #3 still needs to be addressed by the Buyers prior to closing.
  • Purchase Contract stipulates that the closing shall be on or before September 30, 2020.
  • Purchase Contract says the attorneys for Seller and Buyer had to agree to all matters by September 1, 2020. On September 1, 2020, Kara Lais sent e-mail to Paul Kolodziej, the Buyer’s Attorney, identifying several modifications to Purchase Contract.
  • Purchase Contract says the Seller shall cooperate in providing any survey to the Purchaser and that the Purchaser shall pay for the cost of updating any such survey or the cost of a new survey. On September 2, 2020, Jim Mraz sent Dave Huckans a copy of the Boundary Survey Map Ferguson & Foss prepared when the IDA took title to property from New York State showing the parcel on the south side of CR107 as well as a written description.
  • Dave Huckans met with David Dopp, Town of Perth Highway Superintendent, to discuss having Town take over road.
  • David Dopp said owner of road must request Town take over.
  • As current owner, IDA must submit request to Town of Perth.
  • IDA Board authorized having Chairman send a letter to the Town of Perth asking that they take over ownership of road contingent upon Tryon Organics Enterprises confirming that they would pay to upgrade road.

7. October 13, 2020 Meeting:

  • Dave Huckans confirmed that Tryon Organics Enterprises would pay to upgrade road to Town specifications.
  • On September 10, 2020, the letter to the Town of Perth from Chairman D’Amore was sent to the Town of Perth.
  • Tryon Organics Enterprises requested that the closing date in the Purchase Contract be extended to November 30, 2020.
  • On October 8, 2020, the Perth Town Board met and agreed to take over the road once it was improved to Town’s specifications.
  • IDA Board approved a Resolution authorizing the sale of the 27+/- acre parcel to Tryon Organics Enterprises.
  • IDA Board approved testing of sewer main servicing this parcel.
  • IDA Board approved extending closing date to November 30, 2020.

8. Update:

  • On October 14, 2020, emailed to Dave Huckans the certified Resolution authorizing the sale of the 27+/- acre parcel to Tryon Organics Enterprises.
  • On October 26, 2020, emailed Dave Huckans asking if Tryon Organics Enterprises was going to now close on the property given that the Town of Perth Town Board had agreed to take over ownership and maintenance of the road once it was upgraded to the Town’s specifications.
  • Ferguson & Foss completed a new survey of the parcel.

 

IDA DISCUSSION:    Jim Mraz reviewed the information on the Agenda.  He stated that this transaction is moving towards closing.  He asked Kara Lais for an update on the status of the closing.  She stated that she sent to the Buyer title information.  She stated the documents are ready to close.

D. Sewer Line Serving Parcel on South Side of CR107:

1. Background:

  • At the October 13, 2020 meeting, the IDA Board authorized an expenditure of up to $6,000 to test the sewer main servicing the 27-acre parcel on the south side of CR107.
  • CFI Construction was retained to perform this work.

2. Findings:

  • CFI spent two (2) full days at the site.
  • It took 1½ days to locate where the sewer main and manholes were actually located.
  • Several manholes were buried and not visible.
  • CFI had to bring in a trackhoe to scrape soil to locate these manholes.
  • The location of the sewer main has now been verified.
  • The test on the force main portion of the sewer main was inconclusive.
  • The test on the gravity main portion of the sewer main would not hold pressure indicating a break somewhere in the main. The extent or location of the break is not known.
  • Total Cost: $5,975

2. Next Step:

  1. Video Camera:
  • There is approximately 1,300 linear feet of gravity sewer main.
  • There are two (2) sections of gravity sewer main that run through woods.
  • One section is approximately 440’+/- long. The other is 240’+/-.
  • These two (2) sections have the potential to have roots growing into/through the sewer pipe which may be the reason why this sewer line did not hold air pressure.
  • An option to verify if this is the case is to run a camera through the sewer pipe to verify if the pipe has roots or is broken and to determine where the problem exists.
  • Adirondack Septic has submitted a scope of work:

Powerjet
– US Jetting 4018 – 4000 PSI/18GPM
– Potentially needed to mitigate root intrusion or debris accumulation in sanitary sewer to assist video inspection process

Video Inspection
– Cues C550c camera crawler system
– Pan/tilt/zoom camera body
– Observation logging
– Structure and pipeline inspection
– Inspection report furnished upon completion

  • Adirondack Septic’s quote to perform this work:

Powerjet :           $1,510/day
Video Inspection : $1,960/day
Total :           $3,470/day

  • Adirondack estimates it can complete 300-500’/day.
  • Three (3) options:

Do nothing.
Power Jet/Video Inspect all 1,300’ of gravity sewer main.
Power Jet/Video Inspect the two (2) sections that run through the woods: 680’

 

IDA DISCUSSION:    Jim Mraz reviewed the information on the Agenda.  He stated that Tryon Organics Enterprises’ offer to purchase this parcel said the property should be connected to municipal sewer.  He stated that in order for the IDA to complete this sale, the sewer line will have to be made operational.  Joe Semione stated that, similar to house inspections that are done when a house is being sold, things come up that have to be addressed before a sale can be completed.  He stated he is concerned about the unknowns with this sewer line.  He stated that the IDA has already spent $6,000 and may have to spend another $15,000 just to find out what, if any, problems are with this line.  This does not include the cost of repair.  He stated the IDA could be spending $30,000 or more and he felt that would be too much.  Dave D’Amore asked if the IDA has received any further inquiries from interested parties.  Jim Mraz stated that Coldwell Banker did receive inquiries but the property was not shown since the property was under contract.  Dave D’Amore stated that the initial party that was interested in this property also wanted to have it connected to this sewer line.  He stated that the IDA should continue with an evaluation of the entire section of the gravity sewer line to determine if there are small or large problems associated with it.  He stated that even if the IDA spends all this money to find what problems are and fixes the problems he still thinks it would generate a net revenue to the IDA and not a net expense.  Tim Munn asked if the Buyer can back out of the Purchase Contract?  Kara Lais stated there is always a possibility that a potential buyer backs out of the Purchase Contract.  After further discussion, it was agreed to authorize spending up to $17,000 to test the entire gravity sewer line, but to focus initially on the two (2) sections of gravity sewer line that run through the woods.  It was agreed that these two (2) sections have the greatest potential to have a break or blockage in this sewer main.  These blockages and breaks can occur from either rocks or roots.  Since these two (2) sections run through the woods, they have the greatest potential to have roots causing problems.  It was further agreed that to start with those two (2) sections and have Jim Mraz email all IDA members with what the findings are.  The IDA Board could then decide whether to proceed with additional work or to stop work at that time.

 

IDA ACTION:

MOTION:                   To authorize an expenditure of up to $17,000 to video inspect/power jet the gravity sewer section of this sewer line but to initially focus on the two (2) sections of gravity main that run through the woods.

MADE BY:                 Dave D’Amore
SECONDED:              Mike Fitzgerald
ROLL CALL VOTE   :
Aye         Nay         Abstain           Absent

Dave D’Amore                                 ___         ___               ___
Joe Semione                            ___         ___               ___
Todd Rulison                                 ___         ___               ___
Jane Kelley                            ___         ___               ___
Mike Fitzgerald                        ___         ___               ___
Joseph Gillis                 ___         ___         ___               X__
Tim Munn                               ___         ___               ___

E. Plugged Sewer Line at Tryon:

  1. Background:
  • In June 2020, a plugged sewer was discovered at Tryon.
  • Adirondack Septic was hired and rerouted sewer flow around the plugged line.
  • This work was completed.
  • However, the plugged main needs to be repaired.

2.  Request for Quotes (RFQ):

  • An RFQ was prepared to replace the plugged sewer main.
  • The RFQ was sent to seven (7) local contractors.
  • Four (4) quotes were received:
Contractor Base Bid1 Alt. Bid 12 Alt. Bid 23
Pareene Contracting, Inc. $  3,020.00 $  4,346.00 $  5,523.52
Stephen Miller General Contractors $10,500.00 $11,000.00 $11,500.00
Jablonski Excavating, Inc.4 $14,000.00 $21,000.00 $  8,000.00
CFI Construction, Inc. $15,000.00 $16,000.00 $10,000.00

1Base Bid  :  Cut out and replace plugged section of sewer main.

2Alt. Bid 1 :  Replace entire section of sewer main between 2 manholes.

3Alt. Bid 2 :  Rehabilitate two (2) sewer plug valves.

4Alt. Bid 3 :  Jablonski Excavating provided an additional quote if need to replace valves @              $4,000/valve.

 

IDA DISCUSSION:    Jim Mraz reviewed the information on the Agenda.  Dave D’Amore questioned whether the low bidder can perform this work given the significant differences in their pricing.  Jim Mraz stated that the company was recommended by Adirondack Septic.  He stated that he has spoken with the owner who advised that he is ready to perform the work.  Jim Mraz asked what work the Board was willing to have performed?  Dave D’Amore stated that given the discounted pricing from the low bidder, he recommended that both the sewer line be replaced and the valves replaced.  Mike Fitzgerald stated that he agreed.

 

IDA ACTION:

MOTION:                   To award Alternate Bids 1 and 2 to Pareene Contracting, Inc. at a total cost of $9,869.52.

MADE BY:                 Todd Rulison
SECONDED:              Joe Semione
ROLL CALL VOTE   :
Aye         Nay         Abstain           Absent

Dave D’Amore                                 ___         ___               ___
Joe Semione                            ___         ___               ___
Todd Rulison                                 ___         ___               ___
Jane Kelley                            ___         ___               ___
Mike Fitzgerald                        ___         ___               ___
Joseph Gillis                 ___         ___         ___               X__
Tim Munn                               ___         ___               ___

F. Proposed Nexus Renewables Solar Project:

  1. Lease Agreement:
  • An issue was raised whether there should be one (1) Lease Agreement with Nexus Renewables or four (4) separate Leases with the four (4) LLC’s that will be operating the four (4) solar projects on the property the IDA is leasing to the four (4) LLC’s.
  • The Attorneys decided that it would be best if the IDA executed a Lease with each of the four (4) LLC’s.

 

IDA DISCUSSION:    Jim Mraz reviewed the information on the Agenda.  Kara Lais stated that certain pages may need to be notarized because Nexus wants to file documents in the County Clerk’s Office.  Jim Mraz asked Kara Lais to send him any pages that need to be signed by Dave D’Amore and notarized.  He will coordinate getting a notary to witness Dave’s signature.

 

IDA ACTION:

MOTION:                   To authorize the Chairman to execute leases with the four (4) LLC’s that will own and operate the four (4) solar projects.

MADE BY:                 Jane Kelley
SECONDED:              Tim Munn
ROLL CALL VOTE:
Aye         Nay         Abstain           Absent

Dave D’Amore                                 ___         ___               ___
Joe Semione                            ___         ___               ___
Todd Rulison                                 ___         ___               ___
Jane Kelley                            ___         ___               ___
Mike Fitzgerald                        ___         ___               ___
Joseph Gillis                 ___         ___         ___               X__
Tim Munn                               ___         ___               ___

2. Sales Tax Exemptions:

  • The sales tax exemptions shall be available from November 10, 2020 to July 31, 2022.
  • The four (4) LLC’s that will be operating the four (4) separate solar projects will each be required to file an ST-340 Form with the NYS Department of Taxation and Finance by the end of February 2021 and 2020 documenting the amount of sales tax exemptions each LLC actually claimed.

 

IDA DISCUSSION:    Kara Lais stated that Nexus wants to close on the Sales Tax Exemptions by the end of this year.  She is working with their attorneys on preparing the documents.

G. Proposed Benjamin Moore Expansion Project:

1. Background:

  • Benjamin Moore Company currently operates a latex paint manufacturing facility on the north side of Union Avenue Extension in the City of Johnstown.
  • Benjamin Moore currently employs approximately 133 workers.
  • In 2018, Benjamin Moore submitted a Project Application for a major expansion project at its Johnstown facility. However, that project did not move forward.

2. Proposed Expansion Project:

  • Benjamin Moore is again proposing a major expansion of its Johnstown facility.
  • Benjamin Moore is proposing to construct an approximately 120,000 sq. ft. addition to its existing facility.
  • The total project cost would be approximately $17,750,000+/- million.

3. Project Application:

  • Benjamin Moore has filed a Project Application with the IDA requesting financial incentives.
  • The Application Fee has been received.

4. Project Structure:

  • The IDA will enter into a Lease and Leaseback arrangement with Benjamin Moore. This structure will provide an interest in the project that will allow the IDA to provide financial incentives to the proposed addition.

5. Project Number:

  • The project has been assigned the following Project Number: 1701-20-01-A

6. Site Plan:

  • The City Planning Board is reviewing Benjamin Moore’s Site Plan.
  • A Public Hearing on the Site Plan was held on November 3, 2020.
  • No one attended.
  • The Planning Board is scheduled to meet on November 10, 2020 at 4:00 p.m. to approve the Site Plan.

7. SEQR:

A.  Background:

  • On October 6, 2020, the City of Johnstown Planning Board initiated its own SEQR review.
  • The Part I EAF filed with the Planning Board did not include the IDA and ESD as potential Involved Agencies.
  • As a result, the Planning Board did not include the IDA and ESD in its SEQR review.
  • The IDA, therefore, had to conduct its own SEQR review.
  • NYSDEC recommended that the City Planning Board consent to the IDA serving as Lead Agency since the IDA’s Coordinated Review included all Involved Agencies.
  • At its November 7, 2020 meeting, the Planning Board terminated its SEQR review and consented to the IDA serving as SEQR Lead Agency.

B.  Lead Agency:

  • Benjamin Moore (BM) submitted a Full Part I Environmental Assessment Form (EAF) to the IDA.
  • The EAF identified the following potential Involved Agencies:

– IDA
– City of Johnstown Planning Board
– NYS Department of Environmental Conservation
– Empire State Development

  • At its October 13, 2020 meeting, the IDA Board classified the proposed project as a Type I action, proposed that it serve as the Lead Agency for a coordinated SEQR review and authorized the distribution of the EAF to all Involved Agencies asking for their consent to their consent to the IDA serving as Lead Agency
  • Involved Agencies were given until 5:00 PM, Friday, November 6, 2020 to respond
  • Responses were received from the following Involved Agencies consenting to the IDA serving as Lead Agency:

– Benjamin Moore
– City of Johnstown Planning Board
– NYSDEC

 

IDA DISCUSSION:    Prior to any discussion taking place, Joe Semione advised that he has a conflict of interest in that his firm does work for Benjamin Moore.  As a result, he stated he would recuse himself from both discussing and voting on the proposed Benjamin Moore Project.

Jim Mraz reviewed the information on the Agenda regarding designating Lead Agency.  He asked if there were any questions.  There were none.

 

IDA ACTION:

MOTION:       To designate the IDA to serve as the Lead Agency in a Coordinated SEQR Review on the proposed Benjamin Moore Expansion Project.

MADE BY:     Mike Fitzgerald
SECONDED:  Todd Rulison
ROLL CALL VOTE   :
Aye         Nay         Abstain           Absent

Dave D’Amore                                 ___         ___               ___
Joe Semione                               ___                        ___
Todd Rulison                                 ___         ___               ___
Jane Kelley                            ___         ___               ___
Mike Fitzgerald                        ___         ___               ___
Joseph Gillis                 ___         ___         ___               X__
Tim Munn                               ___         ___               ___

 

C. Part 2 EAF

  • The IDA has completed a Part 2 EAF.
  • See Attached
  • Review Part 2 EAF

 

IDA DISCUSSION:  Jim Mraz reviewed the entire EAF Part 2 with the Board.  After completing its review of the Part 2 EAF, Jim Mraz asked if there were any questions.  There were none.

 

D. Determination of Significance

  • Based upon its review of the Part 1 and 2 EAF and all project information, the IDA Board now needs to issue a Determination of Significance under SEQR.
  • Two options exist:
  1. Positive Declaration: If the IDA Board determines that the proposed project may create 1 or more significant environmental impacts, it must issue a Positive Declaration which means a Draft Environmental Impact Statement (DEIS) must be prepared
  2. Negative Declaration: If the IDA Board determines that the proposed project will not create any significant environmental impacts, it must issue a Negative Declaration which means a Draft Environmental Impact Statement (DEIS) does not have to be prepared and the SEQR process has been completed

 

IDA DISCUSSION:    Jim Mraz reviewed the information on the Agenda.  He asked if there were any questions regarding the options available to the IDA Board.  There were none.

IDA ACTION:

MOTION:                   To issue a Negative Declaration on the proposed Benjamin Moore Expansion Project and to authorize the filing of said Negative Declaration in accordance with the SEQR Regulations.

MADE BY:                 Todd Rulison
SECONDED:              Dave D’Amore
ROLL CALL VOTE   :
Aye         Nay         Abstain           Absent

Dave D’Amore                                 ___         ___               ___
Joe Semione                               ___                        ___
Todd Rulison                                 ___         ___               ___
Jane Kelley                            ___         ___               ___
Mike Fitzgerald                        ___         ___               ___
Joseph Gillis                 ___         ___         ___               X__
Tim Munn                               ___         ___               ___

8. IDA Benefits Requested:

  • Benjamin Moore’s Project Application requests two (2) IDA financial benefits:
  1. Real Property Tax Exemption
  2. Sales Tax Exemptions
  • The estimated values of each benefit are:

– Real Property Tax Exemption     :              $190,000+/-

– Sales Tax Exemption                    :              $720,000+/-

  • The Real Property Tax Exemption would only apply to the increase in the building’s assessed valuation created by this expansion.
  • The Sales Tax Exemptions will be available to Benjamin Moore from November 10, 2020 to ________________.

9. Public Hearing:

  • Since Benjamin Moore’s Project Application requested IDA benefits greater than $100,000, a public hearing must be held.
  • A Public Hearing was held on Tuesday, October 27, 2020, 10:00 a.m., in the Office of the Fulton County Industrial Development Agency.
  • No one spoke at the Public Hearing.

10. Evaluation of Project Application:

a. Background:

  • In response to new IDA reform legislation, the IDA Board approved, in May 2016, the utilization of a new Project Application.
  • This Project Application contained a new Section 8: Project Review Criteria and Annual Monitoring.

 

b. Section 8:

  1. The Agency shall review Project Applications and utilize the following specific criteria for evaluating and determining whether to provide benefits 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?
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?

2) The Agency shall require the Applicant to annually submit information to the Agency to allow the Agency to monitor the performance of the Applicant. The Agency shall annually monitor, at a minimum, the following information:

A. Number of new jobs created and retained.
B. Private sector investment.

 

c. Review of Benjamin Moore’s Project Application:

  1. Will project create or maintain jobs?
  • New Jobs                :              10
  • Maintain Jobs :              133

 

2. What are the wages to be paid for the new jobs created?

 

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
Production $46,000 $ 46,000

 

3. What is total private sector investment?

  • $17,750,000+/-

4. How much local labor will be utilized during construction?

  • Total :              60 construction jobs
  • Fulton County :              20 construction jobs

5. How much will property values and property taxes increase for local taxing jurisdictions?

  • Existing building is assessed for $2,899,000. Once the expansion is completed, the building’s assessed valuation will increase.  Exact amount of increase will be determined by the City of Johnstown Assessor once addition is completed.  The increased assessed valuation will increase property tax revenues for local taxing jurisdictions.

11. Resolution:

  • Kara Lais has drafted a Resolution to approve granting the requested financial benefits for the proposed Benjamin Moore Expansion Project.
  • See attached.

 

IDA DISCUSSION:    Jim Mraz reviewed the information on the Agenda.  The IDA Board reviewed the evaluation of the Project Application in Item 10 on the Agenda.  It was the consensus of all present that the benefits this proposed project would provide justify granting financial incentives to it.  Jim Mraz then reviewed the Resolution that was attached to the Agenda.  He asked Kara Lais if she had any comments?  She stated that the Resolution is straight forward and is the same as that ones used on previous projects.  She stated she is coordinating with Counsel on closing.  She stated Benjamin Moore wants to close on these incentives as soon as possible.

 

IDA ACTION:

MOTION:                   To adopt a Resolution approving a certain project, appointing Benjamin Moore Company as the Agent of the IDA for the purpose of constructing and equipping the Project Facility and authorizing the execution and delivery of closing documents.

MADE BY:                 Jane Kelley
SECONDED:              Mike Fitzgerald
ROLL CALL VOTE   :
Aye         Nay         Abstain           Absent

Dave D’Amore                                 ___         ___               ___
Joe Semione                               ___                        ___
Todd Rulison                                 ___         ___               ___
Jane Kelley                            ___         ___               ___
Mike Fitzgerald                        ___         ___               ___
Joseph Gillis                 ___         ___         ___               X__
Tim Munn                               ___         ___               ___

H. Transformers at Tryon Technology Park:

1. Background:

  • The IDA owns the following transformers that were a part of the old electric system the IDA previously owned and operated:

– 14 pole mounted
– 9 ground mounted

  • At the June 2020 meeting, the IDA Board authorized the sale of all transformers no longer needed at Tryon.
  • Chris Stankes, Planner, has been working with Northeast Transformer Services (NTS) located in Peeble, NY, a company that purchases used transformers.
  • NTS was willing to purchase 17 of these 23 transformers.
  • Before NTS would commit to buying the other six (6) pole mounted transformers, it wanted to have them tested for PCB’s.
  • At the October 13, 2020 meeting, the IDA Board approved having these six (6) transformers tested for PCB’s at a cost to not exceed $250.
  • The samples were taken and mailed to the lab on October 20, 2020.
  • The tests showed no PCB’s.
  • Total cost for testing was $150.
  • NTS has picked up all 22 transformers. Once they verify the KVA of all transformers, a payment will be issued.

 

IDA DISCUSSION:    Jim Mraz reviewed the information on the Agenda.  He stated this transaction will result in the generation of a small revenue of approximately $2,000 to the IDA.  More importantly, it will allow the Board to avoid incurring the expense that would have been occurred if the IDA had to dispose of these transformers.  He asked if there were any questions.  There were none.

I. Vandalism at Tryon Technology Park:

1. Background:

  • Valdals recently damaged windows and doors in Building 3 at Tryon. Many exterior windows with broken and jagged pieces of glass creating a significant health and safety issue.
  • Graffiti was painted on walls and floors.
  • The Sheriff’s Department is conducting an investigation.

2. Insurance:

  • Bill Vangorder, NBT-Mang Insurance has been notified of the vandalism and costs for emergency repairs.
  • Incident Report filed with NBT Mang Insurance.
  • Spoke with Stephanie Frazier, Executive Claims Associate, to provide details about vandalism and the emergency repair work performed. Stephanie advised that making the emergency repair work was the correct thing to do.
  • On October 7, 2020, met with Bill VanGorder at Building 3 to review damage and repair work.
  • On October 8, 2020, spoke with Will Schroeder, Claims Examiner, regarding Incident Report.
  • On October 9, 2020, emailed copies of proposal, invoice and check to Will Schroeder.
  • On October 22, 2020, met with Robert Marks, Marks Adjustments, Inc., to inspect damage and take photos.

 

IDA DISCUSSION:    Jim Mraz reviewed the information on the Agenda.  He stated he just wanted to make IDA members aware that everything is being done possible to try to get an insurance reimbursement of the cost the IDA incurred for these emergency repairs.  Joe Semione asked if the IDA should be getting an estimate for permanent repairs to the damage to windows and doors?  Jim Mraz recommended waiting until verification that NYMIR will reimburse the IDA for the emergency repairs.  The IDA Board can then, at that time, decide whether it wants to proceed with making the permanent repairs or not.

VII. NEW BUSINESS:

A. Old Electrical System at Tryon Technology Park:

  1. Background:
  • Now that National Grid has installed its new primary electric service, old electrical lines and poles need to be removed.
  • Soil and Water Conservation District has agreed to use its trackhoe to remove the poles.
  • Need to hire someone to cut all of the wires attached to poles.

2. Proposal:

  • Tom’s Electric submitted a quote to cut all wires from the old poles.
  • Quote: $500

3. Acknowledge Soil & Water Conservation District:

  • John Persch and the Soil and Water Conservation District have provided critical services and assistance with the installation of a new electric service at Tryon.
  • They provided their track backhoe that was used to excavate and backfill ditches where underground cable was installed.
  • They have also provided their backhoe and an operator to remove the old electrical poles and perform other work at Tryon.

 

IDA DISCUSSION:    Jim Mraz reviewed the information on the Agenda regarding the quote to cut all wires from the poles.  He asked if there were any questions.  There were none.

 

IDA ACTION:

MOTION:                   To authorize a payment of $500 to Tom’s Electric for cutting wires from the old poles at the Tryon Technology Park.

MADE BY:                 Joe Semione
SECONDED:              Todd Rulison
ROLL CALL VOTE   :
Aye         Nay         Abstain           Absent

Dave D’Amore                                 ___         ___               ___
Joe Semione                            ___         ___               ___
Todd Rulison                                 ___         ___               ___
Jane Kelley                            ___         ___               ___
Mike Fitzgerald                        ___         ___               ___
Joseph Gillis                 ___         ___         ___               X__
Tim Munn                               ___         ___               ___

 

FURTHER DISCUSSION:  Jim Mraz reviewed the information on the Agenda regarding the work the Soil and Water Conservation District has performed at Tryon.  He stated that the Soil and Water Conservation District has provided all these services at no cost to the IDA.  He stated that he would like the IDA Board to give consideration to reimbursing the Soil and Water Conservation District for the time they spent working at Tryon and the expenses for fuel and oil.  Joe Semione stated that given the volume of work that they performed, he recommended a payment of $5,000.  All other IDA members expressed their approval of such a payment.

 

MOTION:                   To authorize a payment of $5,000 to the Fulton County Soil and Water Conservation District and extend a thanks to them for the work they provided with the installation of the new electric service at the Tryon Technology Park.

MADE BY:                 Joe Semione
SECONDED:              Dave D’Amore
ROLL CALL VOTE   :
Aye         Nay         Abstain           Absent

Dave D’Amore                                 ___         ___               ___
Joe Semione                            ___         ___               ___
Todd Rulison                                 ___         ___               ___
Jane Kelley                            ___         ___               ___
Mike Fitzgerald                        ___         ___               ___
Joseph Gillis                 ___         ___         ___               X__
Tim Munn                               ___         ___               ___

B. Tryon Insurance:

  1. Background:
  • Earlier this year, the IDA Board recommended certain changes to the Board of Supervisors’ insurance coverages at Tryon.
  • The Board of Supervisors submitted these recommended changes to NYMIR.

2.  Revised Invoice:

  • As a result of these changes, the cost of property insurance has decreased.
  • The following compares the current invoice to previous invoices:

 

Insurance Revised Previous Change
Property $  1,528.34 $  3,528.34 ($2,000.00)
General Liability $     877.07 $     887.72 ($     10.65)
Excess $     761.81 $     716.60 $      45.21
Total $  3,167.22 $5,132.66 ($1,965.44)
  • The changes resulted in a $2,000 reduction for six (6) months for property insurance or $4,000 for the year.

 

IDA DISCUSSION:    Jim Mraz reviewed the information on the Agenda.  He asked if there were any questions.  There were none.

 

IDA ACTION:

MOTION:                   To authorize a payment of $3,167.22 to NBT Insurance Agency for Tryon insurance.

MADE BY:
SECONDED:
ROLL CALL VOTE   :

Aye         Nay         Abstain           Absent

Dave D’Amore                                 ___         ___               ___
Joe Semione                            ___         ___               ___
Todd Rulison                                 ___         ___               ___
Jane Kelley                            ___         ___               ___
Mike Fitzgerald                        ___         ___               ___
Joseph Gillis                 ___         ___         ___               X__
Tim Munn                               ___         ___               ___

C. National Grid Invoice:

  1. Background:
  • As part of the new electric service at Tryon, an electric meter has been installed at the wastewater pump station.
  • This electric meter is in the name of the IDA.
  • The IDA has received the first monthly bill from National Grid for this pump station.
  • Total Invoice Amount: $168.35

 

IDA DISCUSSION:  Jim Mraz reviewed the information on the Agenda.  He asked if there were any questions.  There were none.

 

IDA ACTION:

MOTION:                   To authorize the payment of $168.35 to National Grid.

MADE BY:                 Joe Semione
SECONDED:              Jane Kelley
ROLL CALL VOTE   :
Aye         Nay         Abstain           Absent

Dave D’Amore                                 ___         ___               ___
Joe Semione                            ___         ___               ___
Todd Rulison                                 ___         ___               ___
Jane Kelley                            ___         ___               ___
Mike Fitzgerald                        ___         ___               ___
Joseph Gillis                 ___         ___         ___               X__
Tim Munn                               ___         ___               ___

VIII. OTHER BUSINESS:

A. 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      :           Dave D’Amore
SECOND        :           Joe Semione
ROLL CALL VOTE   :
Aye         Nay         Abstain           Absent

Dave D’Amore                                 ___         ___               ___
Joe Semione                            ___         ___               ___
Todd Rulison                                 ___         ___               ___
Jane Kelley                            ___         ___               ___
Mike Fitzgerald                        ___         ___               ___
Joseph Gillis                 ___         ___         ___               X__
Tim Munn                               ___         ___               ___

TIME              :           9:40 a.m.

 

MOTION        :           To go out of Executive Session.

 

MADE BY      :           Jane Kelley
SECOND        :           Joe Semione
ROLL CALL VOTE   :
Aye         Nay         Abstain           Absent

Dave D’Amore                                 ___         ___               ___
Joe Semione                            ___         ___               ___
Todd Rulison                                 ___         ___               ___
Jane Kelley                            ___         ___               ___
Mike Fitzgerald                        ___         ___               ___
Joseph Gillis                 ___         ___         ___               X__
Tim Munn                               ___         ___               ___

 

TIME              :           10:05 a.m.

B. North Eastern Water Jet:

  • North Eastern Water Jet has acquired the former Falk Industries building in the Crossroads Industrial Park.
  • There currently exists a vacant parcel of land immediately adjacent on the western side of the parcel purchased by North Eastern Water Jet.
  • North Eastern Water Jet has asked if the IDA would be willing to sell them approximately 3 acres of land for a future expansion project.
  • Land in the Crossroads Industrial Park currently sells for $20,000/acre.

 

IDA DISCUSSION:  Jim Mraz reviewed the information on the Agenda.  He asked if there were any questions.  There were none.

 

MOTION        :           To authorize the sale of approximately 3 acres of land in the Crossroads Industrial Park to North Eastern Water Jet at a price of $20,000/acre.

MADE BY      :           Joe Semione
SECOND        :           Jane Kelley
ROLL CALL VOTE   :
Aye         Nay         Abstain           Absent

Dave D’Amore                                 ___         ___               ___
Joe Semione                            ___         ___               ___
Todd Rulison                                 ___         ___               ___
Jane Kelley                            ___         ___               ___
Mike Fitzgerald                        ___         ___               ___
Joseph Gillis                 ___         ___         ___               X__
Tim Munn                               ___         ___               ___

IX. NEXT MEETING:

Tuesday
December 8, 2020
8:00 a.m.

X. CLOSE MEETING:

MOTION        :           To close the meeting

MADE BY      :           Dave D’Amore
SECONDED   :           Tim Munn
ROLL CALL VOTE   :
Aye         Nay         Abstain           Absent

Dave D’Amore                                 ___         ___               ___
Joe Semione                            ___         ___               ___
Todd Rulison                                 ___         ___               ___
Jane Kelley                            ___         ___               ___
Mike Fitzgerald                        ___         ___               ___
Joseph Gillis                 ___         ___         ___               X__
Tim Munn                               ___         ___               ___

TIME              :           10:08 a.m.