PRESENT:

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

MOTION        :
MADE BY      :
SECONDED   :
VOTE              :

MOTION :
MADE BY :
SECONDED :
VOTE               :

A. Nominating Committee

• No report.

B. Audit Committee:

• Monthly Bank Reconciliation Report:   Dave D’Amore

C. Governance Committee:

• No report.

D. Finance Committee:

•  No report.

1. FCCRG Report: (See attached.) Terri Easterly

IDA DISCUSSION:

• Nexus is still negotiating a construction contract.

• Construction ongoing.

• Construction ongoing.

1. Tryon Website:

a. Background:

• Fulton County hired DCG Corplan several years ago to prepare a Targeted Industry Analysis for the Tryon Technology Park.
• As part of that project, DCG Corplan developed a Tryon Technology Park website.
• Fulton County IT Director annually reserves the domain name of tryontechnologypark.com, as well as five (5) other domain names.
• After operating this website for several years, the IDA Board decided to incorporate the information on that website into the IDA’s own website: fcida.org.
• Anyone now searching for the Tryon Technology Park will be directed to the IDA’s website.

b. Winstanley Enterprises’ Proposal:

• Winstanley Enterprises has proposed re-establishing the Tryon Technology Park website.
• This would be part of Winstanley’s overall marketing plan for Tryon.

c. Winstanley Enterprises’ Marketing Plan for Tryon:

• Presentation by James Hlavacek, Acquisitions and Asset Management.

d. Input from Betsy Emery, Emery Designs:

IDA DISCUSSION:

IDA ACTION:

MOTION:

MADE BY:
SECONDED:
VOTE:

2. Signs:

• Winstanley will be installing JLL signs at the entrance to Tryon replacing Cushman Wakefield signs.
• JLL is Winstanley’s commercial real estate broker.

3. Lawn Mowing:

• Winstanley has offered to perform lawn mowing at Tryon in 2022.
• The IDA will obtain quotes and then hire and pay the contractor.
• At the end of the mowing season, the IDA will invoice Winstanley to be reimbursed for the total cost of mowing in 2022.

IDA DISCUSSION:

• The closing on the sale of the former Maintenance Building was completed on January 26, 2022.
• Checks were sent to Cushman Wakefield, Fulton County and the Fulton County Center for Regional Growth (FCCRG) per the motion approved by the IDA Board in April 2021.

IDA DISCUSSION:

1. Background:

• At the January 11, 2022 meeting, IDA Board authorized hiring Environmental Design Partnership (EDP) to prepare design plans and specifications to obtain bids to purchase and install a back-up generator.

2. Status Report:

• Participated in conference call with EDP and Sage LLP Engineers to discuss project details.
• EDP and Sage conducted site visit to locate where the new generator will be located.
• Sage completed analysis of sewer pumps and determined that an 80 kw natural gas generator will be required.

3. Advertise for Bids:

• EDP anticipates being ready to Advertise for Bids on this project in early March.
• Bids would be due on April 5, 2022 and a contract awarded at the April 12^th IDA Board meeting.
• The estimated delivery time for the new generator is 24+/- weeks.
• As a result, it is recommended that the IDA Board authorize Advertising for Bids for this project.

IDA DISCUSSION:

IDA ACTION:

MOTION:                   To authorize EDP to Advertise for Bids the purchase and installation of a backup generator for the Tryon Wastewater Pump Station.

MADE BY:
SECONDED:
VOTE:

1. Schedule:

• Fulton County has scheduled a public hearing for March 14, 2022 on the proposed creation of Fulton County Sewer District No. 4.
• The Board of Supervisors must wait 30 days after the hearing before it can approve an order to create the District.
• The Board of Supervisors should therefore be prepared to approve an order to create the District at its May 9, 2022 meeting.
• Once the District is created, the IDA can transfer ownership of the Tryon sewer system over to the District.

2. Transfer of Pump Station:

• To transfer the Pump Station, the IDA will need to deed to the District a parcel of land upon which the pump station, generator, transformers and other sewer infrastructure is located.
• A survey will be needed.

3. Review Map:

• Review map of proposed parcel to be deeded to the Sewer District.

IDA DISCUSSION:

• Given the recent sale of 93+/- acres of land at Tryon to Vireo and the sale of 5.89 acres of land and Building 60 to Lott Holdings, NBT Insurance Agency was notified of these sales. These sales will impact the cost of the Property Liability Policy for Tryon.
• A Property Change Form was completed and e-mailed to NBT Insurance on 1/31/22 asking that the IDA’s property liability policy be modified to reflect these sales.

IDA DISCUSSION:

1. Background:

a. ABO requires IDA’s to annually file an ST-62 Form titled “IDA Annual Compliance Report State Sales Tax Recapture.”
b. The ST-62 asks if an IDA:

• Granted any sales tax exemption in the previous calendar year.
• Moved to recapture sales tax benefits given to a company.

c. In 2021, the IDA:

• Granted tax exemptions for the Benjamin Moore Expansion Project.
• Granted tax exemptions for the Vireo Health Project.
• Did not move to recapture any sales tax benefits.

d. IDA Chairman needs to be authorized to sign and submit this ST-62 for the fiscal year ending December 31, 2021.

e. ST-62 must be filed by March 31, 2022.

IDA DISCUSSION:

IDA ACTION:

MOTION:                   To authorize the Chairman to sign and submit Form ST-62 for fiscal year ending December 31, 2021.

MADE BY:
SECONDED:
VOTE:

1. Public Authorities Law requires the IDA to annually prepare five (5) reports:

a. Annual Report:

• The IDA must prepare and submit to the Chief Executive Officer, Chief Fiscal Officer, Chairperson of the Board of Supervisors and Authority Budget Office an annual report that sets forth the following:

(1) Its operations and accomplishments.
(2) Its financial reports including:

(a) Audited financials in accordance with all applicable regulations and following generally accepted accounting principles as defined in subdivision ten of section two of the state finance law.
(b) Grants and subsidy programs.
(c) Operating and financial risks.
(d) Current ratings, if any, of its bonds issued by recognized municipal bond rating agencies and notice of changes in such ratings, and
(e) Long-term liabilities, including leases and employee benefit plans.

(3) Its mission statement and measurements including its most recent measurement report.
(4) A schedule of its bonds and notes outstanding at the end of its fiscal year, together with a statement of the amounts redeemed and incurred during such fiscal year as part of a schedule of debt issuance that includes the date of issuance, term, amount, interest rate and means of repayment.
(5) A compensation schedule that shall include, by position, title and name of the person holding such position or title, the salary, compensation, allowance and/or benefits provided to any officer, director or employee in a decision making or managerial position of such authority whose salary is in excess of one hundred thousand dollars.
(6) The projects undertaken by such authority during the past year.
(7) A listing and description, in addition to the report required by paragraph a of subdivision three of all real property of such authority having an estimated fair market value in excess of fifteen thousand dollars that the authority acquires or disposes of during such period. The report shall contain the price received or paid by the authority and the name of the purchaser or seller for all such property sold or bought by the authority during such period.
(8) Such authority’s code of ethics.
(9) An assessment of the effectiveness of its internal control structure and procedures.
(10) A copy of the legislation that forms the statutory basis of the authority.
(11) A description of the authority and its board structure including:

(a) Names of committees and committee members.
(b) Lists of board meetings and attendance.
(c) Descriptions of major authority units, subsidiaries.
(d) Number of employees, and
(e) Organizational chart.

(12) Its charter, if any, and by-laws.
(13) A listing of material changes in operations and programs during the reporting year.
(14) At a minimum a four-year financial plan, including:

(a) A current and projected capital budget, and
(b) An operating budget report, including an actual versus estimated budget, with an analysis and measurement of financial and operating performance.

(15) Its board performance evaluations.
(16) A description of the total amounts of assets, services or both assets and services bought or sold without competitive bidding, including:

(a) The nature of those assets and services.
(b) The names of the counterparties, and
(c) Where the contract price for assets purchased exceeds fair market value, or where the contract price for assets sold is less than fair market value, a detailed explanation of the justification for making the purchase or sale without competitive bidding, and a certification by the chief executive officer and chief financial officer of the public authority that they have reviewed the terms of such purchase or sale and determined that it complies with applicable law and procurement guidelines.

(17) A description of any material pending litigation in which the authority is involved as a party during the reporting litigation in which the authority is involved as a party during the reporting year.

• The Annual Report must be filed by March 30^th under PARIS.
• Jim Mraz will present the 2021 Annual Report to the IDA Board at the March 8^th IDA Board meeting.

b. Independent Audit:

• The IDA must prepare and submit to the Chairman of the Board of Supervisors, County Treasurer and Authority Budget Office an Independent Audit Report performed by a certified public accounting firm.
• The certified public accounting firm must change its Lead Auditor every five (5) years.
• The Audit must be filed under PARIS by March 30^th each year.
• West & Company will present the 2021 Audit at the March 8^th IDA meeting.

c. Investment Report:

• The IDA must annually file an Investment Report, under PARIS, by March 30^th.
• Jim Mraz will file this report under PARIS in March, 2022.

d. Procurement Report:

• The IDA must annually file a Procurement Report, under PARIS, by March 30^th.
• Jim Mraz will file this report under PARIS in March, 2022.

e. Budget Report:

• The IDA must prepare and submit to the Chairman of the Board of Supervisors, County Treasurer and Authority Budget Office, not more than 90 days or less than 60 days before the commencement of the IDA’s fiscal year, a Budget Report for the next fiscal year, the current fiscal year and actual receipts and expenditures for the last fiscal year.
• The Budget Report must be filed under PARIS.
• Jim Mraz filed the 2022 Budget Report in October 2021.

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              :
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MOTION        :           To go out of Executive Session.

MADE BY      :
SECOND        :
VOTE               :
TIME              :

Tuesday
March 8, 2022
8:00 a.m.

MOTION        :

MADE BY      :
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