PRESENT:

MIKE FITZGERALD, CHAIRMAN
SUE COLLINS, VICE CHAIRMAN
JOSEPH SEMIONE, MEMBER
DAVID D’AMORE, MEMBER
DR. GREG TRUCKENMILLER, MEMBER
DAN ROUNDS, MEMBER
JAMES MRAZ, EXECUTIVE DIRECTOR
KARA LAIS, FITZGERALD, MORRIS, BAKER, FIRTH PC
SCOTT HENZE, PLANNING DIRECTOR
TOM ROEHL, LIASON ECONOMIC DEVELOPMENT & ENVIRONMENT          COMMITTEE
WARREN GREENE, FCCRG

MOTION        :           Accept as presented
MADE BY      :           Joe Semione
SECONDED  :           Greg Truckermiller
VOTE             :           Unanimous

MOTION        :           Accept as presented
MADE BY      :           David D’Amore
SECONDED  :           Greg Truckermiller
VOTE             :           Unanimous

A. Nominating Committee

• No report.

B. Audit Committee:

• Monthly Bank Reconciliation Report:  Joe Semione

IDA DISCUSSION:  Joe Semione  approved the monthly bank reconciliation reports.

C. Governance Committee:

• No report.

D. Finance Committee:

•  No report.

1. FCCRG Report: (See attached.) Warren Greene

1. Easement:

• Nexus working with Innovative Industrial Properties (IID) to obtain easement.
• IIP is the owner of the real estate, Vireo is IIP’s tenant.

• No report.

• Mission Control install their system on January 5^th.
• At the last meeting, the IDA board authorized replacing the 3 floats in Tryon’s waste water pump station. Each float is designed to monitor the level of wastewater in the main tank:

1. Low level float: This float is triggered when the level of wastewater in the tank drops to low indication that the wastewater pumps didn’t shut off when they were supposed to.
2. High level float: This flat is triggered when the level of wastewater in the tank rises above a certain level indicating that the wastewater pumps didn’t turn on when they were supposed to.
3. Flood level float: This float is triggered when wastewater overflows the main tank indicating that the wastewater pumps didn’t turn and that wastewater is flowing out of the main tank.

• Adirondack Septic has completed this work. However, when doing this work Adirondack identified 2 additional issues:

1. Each of these floats trigger an alarm when the level of wastewater in the tanks gets too high or low. However, only the high level float sends the alarm back to the County’s 911 Center.  The low level alarm and flood level alarm only ring at the pump station.  The County’s Facility Staff doesn’t check on the pump station every day.  As such, they currently do not know when a low level or flood alarm occurs unless they are present at the pump station. In order to have these 2 alarms sent to the County’s 911 Center, General Control Systems (GCS) would need to come back to the site, reprogram the floats and install some wiring.  Total cost: Not to exceed $1,500
2. When the pumps kick on, they pump wastewater out of the tank into the sewer force main. The force main is higher than where the pumps are located in the bottom of the tank.  When the pumps kick off, two check valves are supposed to engage to stop wastewater from flowing back into the tank.  Adirondack Septic saw that the check valves were not working because when the pumps kicked off, they saw wastewater flowing back into the tank.  The pumps, which just pumped the wastewater out, have to re-pump the same wastewater out again and again. This is causing the pumps to work more than necessary. To fix this problem, check valves need to be replaced.  However, to replace the check valves, 2 existing gate valves would have to be removed to gain access to the check valves.  These 2 gate valves are used to isolate a section of pipe to work on it.  The gates values are not working.  It was recommended that these gate values also be replaced.  Adirondacks total quote to replace the check and gate valves:  $13,460.

• These are emergency repairs that need to be made to keep the pump station operating properly.
• IDA Board members were emailed this information on 1/26/24. All members who responded agreed to authorizing both of these emergency repairs.

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

IDA ACTION:

MOTION:    To retroactively authorize GCS to make emergency repairs at cost not to exceed $1,500 and to  authorize Adirondack Septic to make emergency repairs at a total cost of $13,460.

MADE BY:       Mike Fitzgerald
SECONDED:     Sue Collins
VOTE:                Unanimous

1. Continue Board training.
2. Continue looking for shovel-ready sites.
3. List Crossroads Business Park for housing with realtor.
4. Participate in the preparation of County Economic Development Strategy.
5. Hire a grant writer to obtain grants.
6. Hold meeting between FCCRG and IDA Boards

IDA DISCUSSION:     Jim Mraz reviewed information on the agenda.  He asked if there were any changes that the board members wanted to make to these goals.  No changes were offered.

IDA ACTION:

MOTION:           To adopt the 2024 Goals as presented

MADE BY:         David D’Amore
SECONDED:      Mike Fitzgerald
VOTE:                 Unanimous

1. Current T-Bills:

1. Background:

• In January 2008, the IDA issued $5,450,000 in Civic Facility Bonds for the YMCA to purchase and renovate the former Gates Mills Building on Harrison Street.
• The Bonds were purchased by NBT Bank.

2. Proposed Amendment to Bonds:

• NBT is proposing to modify the term of the Bonds by agreeing to accept interest only payments on the Bonds for 18 months.
• The 18 months of unpaid principal payments would become a balloon payment at the end of the term of the Bonds.

3. Resolution:

• See attached resolution prepared by Hodgson Ross who saved as the IDA Bond Counsel on the transaction.

IDA DISCUSSION:    Jim Mraz reviewed the information on the Agenda.  He distributed copies of the resolution prepared by Hodgson Ross. He reviewed the letter that was attached to the resolution from the YMCA describing the modifications it’s requesting to the bond.  Jim Mraz reviewed the language in the resolution relating to the bond possible having to be re-issued as a result of the modifications this relates to certain modification to tax exempt bonds that can trigger a re-issuants under federal tax laws.

Dave D’Amore asked if a decision had been made as to whether these bonds would have to be re-issued.  Jim Mraz stated no.  He stated Hodgson Ross is still reviewing this matter and will issue a final opinion on it shortly.

Jim Mraz asked if there were any further questions.  There were none.

IDA ACTION:

MOTION:    To approve the resolution authorizing the execution certain amendments by the Fulton County Industrial Development Agency to the Civic Facility Revenue Bond Series 2008A issued on January 22, 2008 from the original principal amount not to exceed 5,450,000 as amended and authorize the execution of the related  documents

MADE BY:      Greg Truckermiller
SECONDED:    Joe Semione
VOTE:              Unanimous

1. IDA’s are to annually, required to file an ST-62 Form titled “IDA Annual Compliance report State Sales Tax Recapture.”
2. The ST-62 asks if an IDA:

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

3. In 2023, the IDA:

• Amended the amount of sales tax exemptions for the Vireo Health Project.
• Did not move to recapture any sales tax benefits.
• Did not approve any new sales tax exemptions.

4. IDA Chairman needs to be authorized to sign and submit this ST-62 for the fiscal year ending December 31, 2023.
5. ST-62 must be filed by March 31, 2024.
6. See attached.

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 Chairman to sign and submit an ST-62 Form for fiscal year ending December 31, 2023.

MADE BY:          Greg Truckermiller
SECONDED:       Joe Semione
VOTE:                  Unanimous

1. Background:

• City of Gloversville Common Council recently revised the city “Zoning Ordinance” to allow various types of housing in the Crossroads Business Park.
• IDA Board decided to seek proposals to last the property for housing.

2. Proposal:

• The IDA received a proposal from Howard Hannah Real Estate Service to market a section of the Crossroads Business Park for housing.
• See attached proposal.

3. Listing Agreement:

• Howard Hannah has submitted a listing Agreement for the chairman to show.
• The Agreement would be for 1 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 the Chairman to execute the Listing Agreement with Howard Hannah

MADE BY      :           Dave D’Amore
SECOND        :           Dan Rounds
VOTE             :            Unanimous

4. Appraisal

• In order to establish the market value of the property, an appraisal should be prepared.
• An Appraisal would also be needed if the IDA wanted to sell this land.
• IDA has received quotes from CBRE to prepare an appraisal.
• Restricted Report :$4,000
• Full Appraisal :$5,500

IDA DISCUSSION:        Jim Mraz reviewed the information on the agenda. There was a brief discussion on whether to authorize the restricted or full appraisal  report.    After a brief discussion, it was the consensus of IDA members present to have a full appraisal prepared.  Jim Mraz asked if there were any further questions. There were none.

IDA ACTION:

MOTION      :           To authorize CBGE to prepare a full appraisal at a cost not to exceed $5,500.

MADE BY    :           Dave A’amore
SECOND      :           Mike Fitzgerald
VOTE            :           Unanimous

1. Mohawk Valley Brownfields Developer Summit:

• April 23-24, 2024
• 9:00 am-4:00pm
• Herkimer College

IDA DISCUSSION:    Jim Mraz reviewed asked members if anybody wanted to attended this conference.

Mike Fitzgerald, Dan Rounds and Dave A’more all requested to be registered for this summit. Jim Mraz reviewed the sponsorship opportunities that one be available.   After a brief discussion it was the consensus of all IDA members present to become a breakfast two sponsor at the cost of $1500.

IDA ACTION

MOTION:          To authorize a payment of $1,500 to the Mohawk Valley Economic District to become a breakfast sponsor at the summit.

MADE BY:        Greg Truckermiller
SECONDED:     Sue Collins
VOTE:               Unanimous

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        :           Greg Truckermiller
VOTE             :           Unanimous

TIME              :           8:38 am

MOTION        :           To go out of Executive Session.

MADE BY      :           Greg Truckermiller
SECOND        :           Dave D’amore
VOTE             :           Unanimous

TIME              :         9:20am

Tuesday
March 12, 2024
8:00 a.m.

MOTION        :           To the close the meeting

MADE BY      :           Sue Collins
SECONDED  :           Joe Semione
VOTE             :           Unanimous

TIME              :          9:20am