Resolution to Schedule a Second Public Hearing Relating to the HDC2 Company LLC Project
- Post by Carol Ellis
- September 16, 2021
Fulton County Industrial Development Agency
Adopted September 14, 2021
Introduced by Mike Fitzgerald
who moved its adoption.
Seconded by Todd Rulison
WHEREAS, HDC2 Company, LLC, a limited liability company organized in the State of New York, and its permitted assigns (the “Company”), has submitted an application (the “Application”) to the Agency, a copy of which is on file at the office of the Agency, requesting that the Agency consider undertaking a project (the “Project”) for the benefit of the Company consisting of: (i) the acquisition of an interest in a certain parcel or parcels of real property located at 342 South Kingsboro Avenue, City of Gloversville and Town of Johnstown, County of Fulton, State of New York (the “Land”) and being referred to as tax map parcel number 149.18-6-1 and 149.-1-56, respectively; (ii) the construction of a 6,400 square foot building and state of the art car wash facility that will include a 160 foot conveyorized tunnel, automated blowers with 2 million BTU heating drying (collectively referred to as (the “Facility”); and (iii) the acquisition and installation therein of certain furnishing and fixtures (the “Equipment” and together with the Land and the Facility, collectively (the “Project Facility”) to be used in connection with the contemplated uses; and (iv) the lease of the Project Facility back to the Company, and (v) the providing of financial assistance to the Company for qualifying portions of the project in the form of sales and use tax exemptions, a mortgage recording tax exemption, and a partial real property tax abatement consistent with the policies of the Agency, all pursuant to Title 1 of Article 18-A of the General Municipal Law of the State of New York and Section 895-c of the General Municipal Law (collectively, the “Act”); and
WHEREAS, Chapters 356 and 357 of the Laws of 1993 require that prior to granting financial assistance of more than $100,000.00 to any project, an IDA must (a) adopt a resolution describing the project and the financial assistance contemplated by the IDA with respect thereto, and (b) hold a public hearing in the city, town or village where the project proposes to locate upon at least ten (10) days published notice and, at the same time, provide notice of such hearing to the Chief Executive Officer of each affected taxing jurisdiction within which the project is located; and
WHEREAS, on August 10, 2021, after a duly scheduled and convened public hearing held on July 27, 2021 at 10:00am in the City of Gloversville, the Agency approved financial assistance for the proposed Project, which may include: a sales and use tax abatement during the construction of the Facility, a mortgage recording tax exemption and a partial real property tax abatement, all of which shall be consistent with the uniform tax exemption policy of the Agency; and
WHEREAS, following the initial public hearing, it was brought to the attention of the Agency that a portion of the Project will be located in the Town of Johnstown; and
WHEREAS, to comply with the provisions of General Municipal Law, the Town of Johnstown must be properly notified of the Project and a public hearing held in the municipality.
NOW, THEREFORE, BE IT RESOLVED:
ABSTAIN: 1 (Dave D’Amore)
I, James E. Mraz, Executive Director of the Fulton County Industrial Development Agency, hereby certify that I have compared the foregoing resolution with the original resolution, adopted by the Fulton County Industrial Development Agency, at a duly called and held meeting of said Agency on the 14th day of September, 2021, and the same is a true and correct transcript there from and the whole thereof.
Witness my hand and official seal
this 14th day of September, 2021
James E. Mraz, Executive Director