PRESENT:

MIKE FITZGERALD, CHAIRMAN
SUE COLLINS, VICE CHAIRMAN
TODD RULISON, TREASURER (ZOOM)
DAVID D’AMORE, MEMBER
GREG TRUCKENMILLER, MEMBER
JAMES MRAZ, EXECUTIVE DIRECTOR
KARA LAIS, FITZGERALD, MORRIS, BAKER, FIRTH PC
SCOTT HENZE, PLANNING DIRECTOR
GEOFF PECK, FULTON COUNTY CENTER FOR REGIONAL GROWTH (ZOOM)

MOTION        :           Accept as presented.
MADE BY      :           Mike Fitzgerald
SECONDED  :           Dave D’Amore
VOTE             :           Unanimous

MOTION        :           Accept as presented.
MADE BY      :           Greg Truckenmiller
SECONDED  :           Mike Fitzgerald
VOTE             :           Unanimous

A. Nominating Committee

• No report.

B. Audit Committee:

• Monthly Bank Reconciliation Report:  Dave D’Amore

IDA DISCUSSION:   Dave D’Amore approved the Monthly Bank Reconciliation Reports.

C. Governance Committee:

• No report.

D. Finance Committee:

•  No report.

1. Fulton County Report:
2. FCCRG Report: (See attached.)  Geoff Peck

IDA DISCUSSION:   Geoff Peck reviewed the CRG’s monthly report that was attached to the Agenda.  Todd Rulison asked if the CRG writes its grant applications internally or whether it hires a consultant?  Geoff Peck stated that the CRG uses Nick Zabawsky, the City of Gloversville’s grant writer.  The CRG has Mr. Zabawsky under a retainer.

• Nexus still expecting to receive National Grid’s approval of the interconnect in 3^rd quarter of 2023.
• Once interconnect approval is received, Nexus will obtain quotes to construct solar project.

• No report.

• Punchlist was prepared and submitted to Koval.
• Once punchlist is complete, final payment will be processed.
• At August meeting, the Board authorized installing an Uninterrupted Power Supply (UPS) on the sewer pump and changing some programming on the pumps to allow them to automatically restart when the generator shuts off.
• UPS has been received by General Control Systems. Working on scheduling date for them to come to site to install UPS and reprogram pumps.

IDA DISCUSSION:   Jim Mraz stated that General Control Systems is scheduled to be onsite on Wednesday, October 11, 2023, to install the UPS and reprogram the pumps.

1. Sales Tax Exemptions:
   a) On July 13, 2021, the IDA Board approved granting up to $2,251,520 in sales tax exemptions.
   b) On August 9, 2022, the IDA Board authorized increasing the total sales tax exemptions available from $2,251,520 to $3,284,534 contingent upon Vireo signing either a standard Lease or an Agent and Equipment Lease.
   c) On May 9, 2023, the IDA Board authorized extending from May 31, 2023 to October 31, 2023 the deadline for using sales tax exemptions. This approval was granted contingent upon Vireo signing an Agent and Equipment Lease and paying the balance of the Administrative Fee owed the IDA.
   d) Vireo has requested that this deadline be extended to March 31, 2024.

IDA DISCUSSION:   Jim Mraz stated that the IDA has received a request from Vireo Health to extend the deadline for when sales tax exemptions can be utilized from October 31, 2023 to March 31, 2024.  He stated that Vireo has still not completed its project at Tryon and is requesting this extension so that it could utilize sales tax exemption benefits through March of next year.  He stated this extension would be contingent upon Vireo signing an Agent and Equipment Lease and paying the balance of the IDA’s Administrative Fee.  He asked if there were any questions?  There were none.

IDA ACTION:

MOTION:                 To approve extending Vireo’s deadline for taking sales tax exemptions until March 31, 2024 contingent upon Vireo signing an Agent and Equipment Lease and paying the balance of the Administrative Fee owed the IDA.

MADE BY:                 Dave D’Amore
SECONDED:             Greg Truckenmiller
VOTE:                        Unanimous

• IDA Board must adopt a 2024 Budget by November 1, 2023.
• IDA Board reviewed draft IDA and Tryon Budgets at September meeting.
• IDA Board recommended consolidating Tryon Budget into IDA Budget and adding line item for sponsorships.
• See attached consolidated 2024 budget.

IDA DISCUSSION:   Jim Mraz reviewed the proposed 2024 budget that was attached to the Agenda.  He stated that this revised budget addressed the two (2) comments made at the last meeting.  The first was to consolidate the Tryon budget into the IDA budget.  The second was to add a line item for sponsorships.  He stated that those two (2) changes have been made.  Jim Mraz then recommended adjusting two (2) revenues in the proposed 2024 budget.  He stated the proposed budget currently shows $15,000 for investment earnings.  He recommended that be changed to $9,000.  He then recommended that the other non-operating revenues be increased from $117,000 to $123,000.  Everything else would stay the same.  He asked if there were any further suggestions or changes to the proposed budget.  There were none.

IDA ACTION:

MOTION:                   To adopt the 2024 IDA budget as amended.

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

1. Background:

• In 2013, the IDA executed a Lease and PILOT with CG Roxane.
• The PILOT is set to expire on November 7, 2023.

2. Actions Needed:

• The IDA Board needs to:
  a. Terminate the Lease.
  b. Authorize the Chairman to execute a deed to transfer title to the property back to CG Roxane.

IDA DISCUSSION:   Jim Mraz reviewed the information on the Agenda.  He then reviewed the resolution that was attached to the Agenda.  He stated the resolution would terminate the lease between the IDA and CG Roxane and authorize the Chairman to execute a deed to transfer title to the property back to CG Roxane.  He asked Kara if there was any further comments that she would have?  Kara stated there were none.  Jim Mraz asked if there were any questions?  There were none.

IDA ACTION:

MOTION:                   To adopt a resolution approving the termination of the Lease Agreement and Agreement for Payments in Lieu of Taxes by and between the Agency and CG Roxane, LLC and authorizing the transfer of the project facility back to CG Roxane, LLC.

MADE BY:                 Dave D’Amore
SECONDED:             Sue Collins
VOTE:                        Unanimous

• NYSEDC’s Fall IDA Academy will be held on:

Thursday
November 9, 2023
9:00 a.m. – 4:30 p.m.
3 Willows Event Center
Lyon Falls, New York

IDA DISCUSSION:   Jim Mraz reminded all present that if someone wants to attend the Fall IDA Academy to advise either Carol Ellis or himself so that they can get registered to attend the event.

1. Uniform Tax Exemption Policy (UTEP):

• Draft Revised UTEP was distributed to all local taxing jurisdictions on September 13, 2023.
• Local taxing jurisdictions were asked to submit comments back to IDA by Wednesday, October 4, 2023.
• The following comments were received:

1. Scott Horton, Supervisor, Town of Caroga: No comment but appreciated being given the opportunity
2. Amy Praught, Mayor had 2 questions that were answered.

IDA DISCUSSION:   Jim Mraz stated that he sent the revised UTEP to all local taxing jurisdictions, School Superintendents and presidents of School Boards for their review and comment.  He reviewed the comments that were received.  He asked if there were any questions?  There were none.

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      :           Sue Collins
SECOND        :           Mike Fitzgerald
VOTE             :           Unanimous

TIME              :           8:20 a.m.

MOTION        :           To go out of Executive Session.

MADE BY      :           Greg Truckenmiller
SECOND        :           Sue Collins
VOTE             :           Unanimous

TIME              :           9:40 a.m.

Tuesday
November 14, 2023
8:00 a.m.

MOTION        :           To close the meeting.

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

TIME              :           9:40 a.m.