PRESENT:

PRESENT:
TODD RULISON, CHAIRMAN
JOSEPH SEMIONE, VICE CHAIRMAN
WILLIAM SULLIVAN, TREASURER
DIANA PUTNAM, MEMBER
DAVE D’AMORE, MEMBER
TIM MUNN, MEMBER
KARA LAIS, IDA COUNSEL
JAMES MRAZ, IDA EXECUTIVE DIRECTOR
WILLIAM WALDRON, LIAISON
SCOTT HENZE, PLANNER

MOTION : Accept as presented.
MADE BY : Diana Putnam
SECONDED : Tim Munn
VOTE : Unanimous

MOTION : Accept as presented.
MADE BY : Dave D’Amore
SECONDED : Joe Semione
VOTE : Unanimous

A. Nominating Committee

• No Report

B. Audit Committee:

• No report.

C. Governance Committee:

• No report.

D. Finance Committee:

•  No report.

• No Report.

• Bill Waldron stated that the Economic Development and Environment Committee approved the proposal from the IDA to repurpose the County funds in the 2016 Budget for restarting the HVAC System in Building 3 and the Northern Borders’ grant that was also to be used to restart the HVAC System in Building 3 into conducting an engineering evaluation and installing a separate HVAC System for the Midas Building.

a. Background:

• At the April 12 and May 10, 2016 meetings, IDA members discussed several issues with Tryon’s wastewater collection system:
  • Partially Blocked Sewer Main:
    • A section of gravity sewer main from the last sewer manhole to the pump station is partially blocked.
  • Infiltration into Gravity Sewer Main:
    • A significant amount of groundwater is infiltrating into sewer main.
    • C.T. Male had recommended plugging four (4) sewer lines no longer in use to reduce water infiltrating into those sewer mains and into the pump station.
  • Turbulence in Sewer Pump Station’s Wet Well:
    • When pumps are started, turbulence develops in wet well.
• IDA Board authorized having Adirondack Septic try to address these issues.

b. Status Report:

• Since the May 10th meeting, Amsterdam Septic has completed the following work:
  • Disassembled and repaired two (2) check valves. Valves are functioning but leak.
  • Disassembled and inspected two (2) gate valves. Valves are functioning but seals are worn.
  • Reset both pumps.
  • Cleaned out plugged section of sewer main.
  • Cleaned out sewer manhole.
•  Given the work completed by Adirondack Septic, the sewer system is functioning properly again.

c. Recommendation:

• Adirondack Septic advised that the two (2) check valves and two (2) gate valves should be replaced in the future.
  • Estimated cost to replace two (2) check valves : $5,000
  • Estimated cost to replace two (2) gate valves : $4,000

d. Invoice:

• Total invoice for performing this work: $6,200

IDA DISCUSSION:

Jim Mraz reviewed the information on the Agenda. He reviewed all of the work that Adirondack Septic completed on the sewer system at Tryon. He stated, based upon the work completed, the sewer system is now functioning properly again. He stated Adirondack Septic recommended replacing the gate and check valves at some time in the future. No timeline was offered by Adirondack Septic. Joe Semione asked if it would be more expensive to wait. Jim Mraz said the labor and material costs could increase that would make it more expensive.

IDA ACTION:

MOTION: To authorize a payment of $6,200 to Adirondack Septic for performing work on the Tryon sewer system.

MADE BY: Joe Semione
SECONDED: Bill Sullivan
VOTE: Unanimous

a. Design for New Electrical System:

• On May 6, 2016, the IDA sent its $10,000 design fee to National Grid.
• On May 19, 2016, National Grid emailed saying they needed the following items before they could start the design:
  •  Updated electrical loads.
  • Survey and stake the corners of all lots.
• National Grid has advised that they require fixed lot lines and not floating lines. Jim Mraz sent letter to National Grid stating requiring fixed lot lines is poor economic development policy because it restricts the IDA’s ability to be flexible with lot sizes to meet the specific needs of a potential company.
• C.T. Male prepared updated electrical loads. They were sent to National Grid on May 31, 2016.
• Ferguson & Foss will perform survey work required by National Grid.
• Total Estimated Fee: $900+/-

IDA DISCUSSION:

Jim Mraz reviewed the information on the Agenda. There was a general discussion about National Grid’s policy for requiring fixed lot lines and whether the IDA would still have some flexibility to modify lot lines to accommodate the needs of a particular company.

Bill Sullivan recommended that National Grid be asked what it would take in the future if an electrical switchgear equipment had to be moved to accommodate the needs of a company.

Jim Mraz stated that he would ask that question of National Grid. After further discussion, it was the unanimous consensus of all IDA member present that they had to proceed with hiring a surveyor to get the lots surveyed in order to get National Grid going on designing the new permanent electrical service for Tryon.

IDA ACTION:

MOTION: To authorize Ferguson & Foss to survey and stake the corners of all lots at Tryon at a cost of approximately $900.

MADE BY: Dave D’Amore
SECONDED: Joe Semione
VOTE: Unanimous

• Fulton County’s Demolition Team commenced work on demolishing the cluster of six (6) buildings on the right side of the entrance to Tryon.
• Demolition work began on March 21, 2016. This work involved stripping the buildings of recyclable materials.
• NYSDOL variances have been obtained to allow work to start.
• Building demolition is scheduled to commence either on June 13 or June 20, 2016.

• Tryon sign was installed on June 2, 2016.
• IDA agreed to pay for 50% of the cost of the sign with Fulton County paying the other 50%.
• Total Sign Cost : $30,000
• IDA’s Share : $15,000

IDA DISCUSSION:

Jim Mraz stated that the Tryon sign has been installed. The solar panel system and landscaping should be completed within the next week or so. He stated the IDA Board previously agreed to partner with Fulton County on the installation of this sign. The IDA previously agreed to pay for 50% of the $30,000 cost for the sign. He asked if there were any questions. There were none.

IDA ACTION:

MOTION: To authorize a payment of $15,000 be made to the Fulton County Treasurer as the IDA’s share of the new sign.

MADE BY: Diana Putnam
SECONDED: Tim Munn
VOTE: Unanimous

1. IDA Project Application:

• Revised Project Application e-mailed to IDA Board members on June 3, 2016.
• Review proposed new Project Application.

2. Clawback Policy:

• Revised policy has been drafted.
• Revised policy was e-mailed to IDA Board members on June 3, 2016.

IDA DISCUSSION:

Jim Mraz reviewed the proposed revised Project Application. He stated revisions were made to comply with the requirements of the 2015 Public Authorities Reform Act. He stated that the only remaining edit needed to the draft update was to incorporate the valuation criteria the IDA Board approved at its last meeting. He stated he should be making those edits immediately after the meeting.

With respect to the Clawback Policy, he stated that the draft that was e-mailed to IDA Board members represented amendments to the IDA’s existing Clawback Policy. He stated the changes were to address the new requirements contained in the 2015 IDA Reform Legislation. Kara Lais stated that the revised policy as drafted satisfies the requirements contained in the IDA Reform Legislation. Kara Lais stated that the policy is discretionary to the IDA Board. She stated that the policy does not automatically require the IDA Board to seek recapturing benefits afforded to a company. The policy merely puts into place the authorization and ability for the IDA Board to pursue recapturing benefits on a project if that’s what the IDA Board chose to do.

IDA ACTION:

MOTION: To approve the revised Project Application as amended by incorporating the Project Evaluation Criteria.

MADE BY: Bill Sullivan
SECONDED: Dave D’Amore
VOTE: Unanimous

A. 160 Enterprise Drive Property:

1. Background:

• IDA currently owns the property at 160 Enterprise Drive in the Johnstown Industrial Park.
• IDA leases the property to the CIC. The CIC subleases it to Yusen.
• IDA’s lease with the CIC expires on June 30, 2016.
• IDA’s lease with the CIC has an early lease termination provision to allow the CIC to take title to the property.
• CIC has advised the IDA that it will not be pursuing an early lease termination.

2. Foreclosure Proceeding:

• NBT has commenced a Foreclosure Proceeding against the property due to the CIC being delinquent on payments due NBT from a mortgage the CIC has on the property.
• Court has appointed a receiver to oversee operation, management and control of all aspects of 160 Enterprise Drive property.
• Receiver is Bill Keniry, Esq. from the law firm of Tabner, Ryan & Keniry in Albany, NY.

IDA DISCUSSION:

Jim Mraz reviewed the information on the Agenda. Kara Lais advised that, despite several efforts to contact Attorney Keniry, she has yet to receive a call back from him to discuss this project. Jim Mraz asked Kara Lais if this were the normal termination of a lease, would the IDA Board be looking to send any formal communication to its tenant? Kara Lais stated, “No.” Jim Mraz stated that he felt it would be important for the IDA to send a letter to Bill Keniry and copy to NBT Bank, CIC and any other parties involved stating that the IDA, as of July 1, 2016:

1. Will assume no duties and responsibilities of ownership with this property since it’s in a foreclosure proceeding.
2. Will not assume any duties and responsibilities for operation and maintenance.
3. Will not assume any costs associated with this property.
   Kara Lais stated that that would be an appropriate letter to send. It was the unanimous consensus of all IDA members present to have Kara Lais send out such a letter regarding this property.

B. Tryon Technology Park:

1. Building 3:

• Background:
  • At May 10, 2016 meeting, IDA Board members discussed the engineering report of Building 3 that recommended replacing and not restarting the Building’s heating system.
  • IDA Board members unanimously agreed to contact the Northern Borders Regional Commission to ask that they approve repurposing their $184,153 grant into developing standalone HVAC, plumbing, electrical, water and sewer systems for the Midas Building.

b. Input from Northern Borders Regional Commission:

• On May 26, 2016, a meeting was held with Christine Frost, Program Director from the Northern Borders Regional Commission.
• Explained the IDA’s request. Christine Frost stated she would process the paperwork needed to approve the IDA’s request to repurpose the funds.

IDA DISCUSSION:

Jim Mraz reviewed the information on the Agenda. He stated that he has yet to receive the paperwork needed to approve the IDA’s request to repurpose the funds. He stated the Board of Supervisors will vote on a resolution on 6/13 to authorize repurposing the County dollars that were assigned to this project.

2. Lands on South Side of County Road 107:

a. Background:

• IDA owns 26.88 acres of land on south side of CR107 at Tryon.
• Seven (7) buildings exist on the property.
• Water and sewer services are available but are not turned on.
• Electric and gas services exist but are turned off.

b. Town of Perth Zoning:

• These 26.88 acres are zoned BTZ: Business and Technology Zone
• The following uses are allowed:
  • High tech information, communication, commercial computer services and related businesses.
  • Research and development of materials, methods or products, including engineering and laboratory uses, renewable energy businesses, nano sciences and commercial and physical research, and related uses.
  •  Business and professional offices including single or multi-unit office buildings.
  • Manufacturing, processing, assembly, fabrication and related facilities.
  • Warehouse and distribution facilities as a component of a manufacturing, processing, assembly, fabrication and related facilities.
  • Fitness and Recreational Sports businesses.
  • Educational facilities.
  • Retail, commercial and service businesses such as:
    • Banks/credit unions
    • Restaurants and sandwich shops
    • Daycare facilities
  • Hotel/Conference Center/Motel
  • Housing
  • Medical Offices and health Care Facilities

c. Fulton County Development Strategy:

• As part of the preparation of the Development Strategy, River Street will assess this 26.88 acres of land and offer input.

d. Long-term Vision:

• What is the IDA Board’s long-term vision for this property?

IDA DISCUSSION:

Jim Mraz reviewed the information on the Agenda. He asked IDA members what thoughts they had on how to utilize the lands on the south side of the Tryon Technology Park. Tim Munn stated that he saw the properties immediately across from the entrance to the Tryon Technology Park being utilized for retail and commercial. Dave D’Amore added that he saw that land being used as smaller lots for businesses. He did not see potential for residential development in that area. Jim Mraz asked if there were any other thoughts or ideas? There were none. Jim Mraz asked if it was the consensus of the IDA Board then to target this land to be used as smaller lots for smaller businesses of the same type that are being recruited for the main Tryon Technology Park? It was the unanimous consensus of all IDA members present that this what what these lands should be marketed for.

3. Marketing Lands in Tryon Technology Park:

• Shovel-ready sites at the Tryon Technology Park are currently being marketed by:
  • Tryon Website
  • FCCRG Website
  • Tryon Brochure
• An option for the IDA Board would be to also market these sites through a commercial real estate broker.
• IDA has received a letter from a commercial real estate broker interested in listing these sites and Building 3 at Tryon.
• IDA can:
  •  Continue to market sites/Building 3 through existing channels.
  • Seek proposals from commercial realtors to market sites and Building

IDA DISCUSSION:

Jim Mraz reviewed the information on the Agenda. He stated IDA members had previously discussed an interest in retaining a commercial real estate broker to market Tryon land and Building 3. He asked IDA members if they would be interested in retaining the services of a commercial real estate broker to help market the Tryon Park? If so, he recommended that the IDA seek proposals from various commercial real estate brokers. The IDA would ask for, at a minimum, the following information:

1. Experience
2. Qualifications
3. Fees
4. Term
5. How they would market Tryon.

There was a brief discussion regarding hiring a commercial realtor. It was the unanimous consensus of all IDA members present to proceed with seeking proposals with the understanding that no decision or commitment is being made to retain a broker. IDA Board members discussed the potential for hiring a broker to market land and/or Building 3. Jim Mraz said he could ask for proposals to market either the land or Building 3.

IDA ACTION:

MOTION: To authorize the Executive Director to distribute a Request for Proposals (RFP) to commercial real estate brokers asking for proposals to market the Tryon Technology Park shovel-ready sites and/or Building 3 for the IDA.

MADE BY: Joe Semione
SECONDED: Dave D’Amore
VOTE: Unanimous

Tuesday
July 12, 2016
8:00 a.m.

MOTION : To close the meeting.
MADE BY : Dave D’Amore
SECONDED : Tim Munn
VOTE : Unanimous
TIME : 9:15 a.m.