meeting notice · b. ms. snell provided details of the revolving loan fund application for the...
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Department of Economic Development, Planning and Tourism & County Industrial Development Agency
9 Park Street, P.O. Box 1500, Fonda, NY 12068 Ph: 518.853.8334 Fax:518.853.8336 www.mcbdc.org
Meeting Notice
TO: Agency Members
FROM: Kenneth F. Rose, Chief Executive Officer
DATE: September 9, 2014
RE: IDA Monthly Board Meeting
The regular meeting of the Montgomery County Industrial Development Agency r
Thursday, September 11, 2014 at 4:30 p.m. at the Old County Courthouse, 9 Park Street,
Fonda, NY.
Please call Sheila at 853-8334 between 8:30 a.m. and 4:00 p.m. to let her know of your
attendance.
cc: A. Joseph Scott, III, Esq. The Recorder
Montgomery Co. Legislature The Leader Herald
AIDA Members Daily Gazette
DPW
Montgomery County Industrial Development Agency
Meeting Agenda September 11, 2014
I. Call to Order
II. Minutes
A. Regular Meeting-August 14, 2014
III. Communications
IV. Public Comments
V. Chair’s Report
VI. Director’s Report
VII. Financial Report
A. IDA Financial Report
B. Revolving Loan Fund
VIII. Unfinished Business
A. Branding Update
B. Habitat Mowing Florida Park
IX. New Business
A. RFP’s-Regional Business Park (Action Items)
B. RFP for Mowing and Landscaping Services-Glen Park
C. Exit 27 Park Discussion
X. Adjournment
MCIDA 08.14.14 1
MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY
Meeting Minutes
August 14, 2014
MEMBERS PRESENT: STAFF MEMBERS PRESENT: Robert Hoefs, Chairman Kenneth F. Rose, Chief Executive Officer
Eugene Richards, Vice Chair Sheila Snell, Chief Financial Officer
Carol Shineman, Treasurer Karl Gustafson, Economic Development Specialist
John Macci, Secretary William Roehr, Sr. Planner
Robert Harris, Member
John McGlone, Member
ABSENT: OTHERS PRESENT:
Daniel Wilson, Member Chris Martell, Esq.– Agency Counsel
I. Meeting called to order at 4:31 p.m. by Chairperson Robert Hoefs.
A motion was made by John Macci and seconded by Carol Shineman to go into Executive Session to discuss the
financial and credit history of a company.
A motion was made by Eugene Richards and seconded by Robert Harris to come out of Executive Session. No
action was taken in Executive Session
II. Minutes – A motion was made by John McGlone and seconded by Robert Harris to accept the minutes of the
Regular meeting on June 12, 2014. All members present were in favor of accepting the minutes.
III. Communications- There was no Communications to review.
IV. Public Comment – There was no Public Comment.
V. Chair’s Report – Chariman Hoefs did not have a report to present.
VI. Director’s Report – Ken Rose presented the Director’s Report.
A. Mr. Rose updated the Board on the status of the FMCC START UP New York Plan. He explained that the
College can designate a site owned by an IDA to participate in the START UP New York program and that
the previously anticipated site limitations would not apply. Mr. Rose advised that this incentive be used
only on those projects which would result in higher paying tech and manufacturing job opportunities.
B. Mr. Rose briefed the Board on the status of the Regional Business Park and the issuance of RFP’s for
Engineering, GeoTec, Wetland Delineations and Survey as well as for the feasibility of rail service to the
site.Mr. Rose noted that the RFP’s are due August 20, 2014 and that the Board will be updated on those
results. The final piece to be worked out relative to the Regional Business Park is still the revenue sharing
agreement between the impacted municipalities.
VII. Financial Report –
A. Financial Report – Sheila Snell presented the Financial Report.
B. Revolving Loan Fund – Sheila Snell presented the County’s Revolving Loan Fund Report.
MCIDA 08.14.14 2
VIII. Unfinished Business –
A. Mr. Gustafson provided an update on the Regional and county Branding initiatives. Both initiatives
are in the final stages of Brand Platform and statement development which will lead to the creative
process and development of a logo and marketing strategy. The County Legislature and County
Executive have been involved in the process and funding for the implementation of the Marketing
Strategy and Implementation Plan will be included in the 2015 Montgomery County Budget. Mr.
McGlone stressed the importance of having Legislative and Executive buy in as we move to the
implementation phase of this initiative.
B. Ms. Snell provided details of the Revolving Loan Fund Application for the Flooring Authority. The
Flooring Authority is looking to acquire the former Ward Products facility on Sam Stratton Road in
the the Edson Street Business Park. The following resolution was offered by John McGlone and
seconded by Eugene Richards, to wit:
RESOLUTION RECOMMENDING REVOLVING LOAN FUND APPROVAL FOR 6 SAM
STRATTON, LLC-THE FLOORING AUTHORITY
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted
as follows:
Robert Hoefs VOTING Yes
Eugene Richards VOTING Yes
Carol Shineman VOTING Yes
Robert Harris VOTING Yes
John McGlone VOTING Yes
John Macci VOTING Yes
Daniel Wilson VOTING Absent
The foregoing Resolution No. 14-14 was thereupon declared duly adopted.
IX. New Business –
A. BOCES Bond- Chris Martell explained that the lease issued in 2004 needed to be ammended and that
the lease will need to be assigned to the CRC. The following resolution was offered by Carol
Shineman and seconded by Eugene Richards, to wit:
RESOLUTION APPROVING THE ASSIGNMENT OF A CERTAIN LEASE AGREEMENT IN
CONNECTION WITH A PROPOSED PROJECT TO BE UNDERTAKEN BY THE MONTGOMERY
COUNTY CAPITAL FOR THE BENEFIT OF HAMILTON FULTON MONTGOMERY BOCES.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted
as follows:
Robert Hoefs VOTING Yes
Eugene Richards VOTING Yes
Carol Shineman VOTING Yes
Robert Harris VOTING Yes
John McGlone VOTING Yes
John Macci VOTING Yes
Daniel Wilson VOTING Absent
MCIDA 08.14.14 3
The foregoing Resolution No. 14-15 was thereupon declared duly adopted.
B. Revolving Loan Fund application for Carolina Clubs- Ms. Snell provided an explanation regarding
the requst by Carolina Clubs to ammend their current loan agreement to provide a better cash flow
scenario for the company. A re-appraisal of the existing collateral will be completed. Carol
Shineman suggested that we receive a copy of the company’s most current business prospect list. The
following resolution was offered by John McGlone and seconded by John Macci, to wit:
RESOLUTION RECOMMENDING LEGISLATURE AMEND REVOLVING LOAN FUND
AGREEMENT FOR CAROLINA CLUBS, INC.
Robert Hoefs VOTING Yes
Eugene Richards VOTING Yes
Carol Shineman VOTING Yes
Robert Harris VOTING Yes
John McGlone VOTING Yes
John Macci VOTING Yes
Daniel Wilson VOTING Absent
The foregoing Resolution No. 14-16 was thereupon declared duly adopted.
The Board went into Executive Session at 5:30 to discuss proposed sale of real property that if publicly known
would substantially affect the value thereof, upon a motion by Carol Shineman and seconded by Rober Harris.
The Board came out of Executive Session at 6:21 pm upon a motion by Carol Shineman and seconded by John
McGlone.
X. Adjournment
A motion was made by Carol Shineman and seconded by John Macci to adjourn the meeting at 6:22 P.M.
Respectfully submitted,
__________________________________________
Karl Gustafson
Economic Development Specialist
Attachments: Resolutions 14-14, 14-15, 14-16
MCIDA Res. 14-14
RESOLUTION RECOMMENDING REVOLVING LOAN FUND APPROVAL FOR 6 SAM STRATTON, LLC – THE FLOORING AUTHORITY.
A regular meeting of Montgomery County Industrial Development Agency (the "Agency") was convened in public session at the offices of the Agency located at the Old County Courthouse, 9 Park Street, Fonda, New York on August 14, 2014 at 4:30 P.M. The meeting was called to order by the Chairman and, upon roll being called, the following members of the Agency were: PRESENT: Robert Hoefs Chairman Eugene Richards Vice Chairman Carol Shineman Treasurer John Macci Secretary John McGlone Member Robert Harris Member ABSENT: Daniel Wilson THE FOLLOWING PERSONS WERE ALSO PRESENT: Kenneth Rose Chief Executive Officer Sheila Snell Chief Financial Officer Karl Gustafson Economic Development Specialist Christopher M Martell, Esq. Agency Counsel The following resolution was offered by John McGlone seconded by Eugene Richards to wit:
Resolution No. 14-14
RESOLUTION RECOMMENDING REVOLVING LOAN FUND APPROVAL FOR 6 SAM STRATTON, LLC – THE FLOORING AUTHORITY. WHEREAS, Montgomery County Industrial Development Agency (the “Agency”) is authorized and empowered by the provisions of Chapter 1030 of the 1969 Laws of New York, constituting Title 1 of Article 18-A of the General
MCIDA Res. 14-14
Municipal Law, Chapter 24 of the Consolidated Laws of New York, as amended (the “Enabling Act”) and Chapter 666 of the 1970 Laws of New York, as amended, constituting Section 895-d of said General Municipal Law (said Chapter and the Enabling Act being hereinafter collectively referred to as the “Act”) to promote, develop, encourage, and assist in the acquiring, constructing, reconstructing, improving, maintaining, equipping and furnishing of industrial, warehousing, commercial, research and manufacturing facilities, among others, for the purpose of promoting, attracting and developing economically sound commerce and industry to advance the job opportunities, health, general prosperity and economic welfare of the people of the State of New York, to improve their prosperity and standard of living, and to prevent unemployment and economic deterioration, and WHEREAS, Montgomery County administers an Economic Development Program for the purpose of creating and retaining jobs, and
WHEREAS, the Montgomery County Industrial Development Agency (MCIDA) has been approached by 6 Sam Stratton, LLC - The Flooring Authority, for a loan request of $180,000.00 at an interest rate of 4.50% for fifteen (15) years for the purpose of purchasing real estate located at 6 Sam Stratton Road, Amsterdam, NY, and WHEREAS, said applicant has agreed to create twelve (12) FTE jobs and retain 3.5 FTE’s in conjunction with receiving the loan, and WHEREAS, the Montgomery County Industrial Development Agency has reviewed the business loan application from 6 Sam Stratton, LLC - The Flooring Authority, RESOLVED, that the Montgomery County Industrial Development Agency hereby recommends approval of the loan to 6 Sam Stratton, LLC - The Flooring Authority in a principal amount not to exceed $180,000.00, contingent upon the approval of additional loan financing through a private financial institution; and FURTHER RESOLVED, The officers, employees and agents of the Agency are hereby authorized and directed for and in the name and on behalf of the Agency to do all acts and things required or provided to carry out the terms of this Resolution, and to execute and deliver any additional certificates, instruments and documents, to pay all such fees, charges and expenses and to do all such further acts and things as may be necessary or, in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the foregoing Resolution and to cause compliance by the Agency with all of the terms, covenants and provisions of this Resolutions, and FURTHER RESOLVED, this Resolution shall take effect immediately.
MCIDA Res. 14-14
The question of the adoption of the foregoing resolution was duly put to vote on roll call, which resulted as follows: Robert Hoefs VOTING Yes Eugene Richards VOTING Yes Carol Shineman VOTING Yes Daniel Wilson VOTING Absent John Macci VOTING Yes John McGlone VOTING Yes Robert Harris VOTING Yes The foregoing Resolution No. 14-14 was thereupon declared duly adopted.
MCIDA Res. 14-14
STATE OF NEW YORK ) ) SS.:
COUNTY OF MONTGOMERY )
I, the undersigned (Assistant) Secretary of Montgomery County Industrial Development Agency (the “Agency”), do hereby certify that I have compared the foregoing extract of the minutes of the meeting of the members of the Agency held on April 10, 2014 with the original thereof on file in my office, and that the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to.
I FURTHER CERTIFY that (A) all members of the Agency had due notice of said meeting; (B) said meeting was in all respect duly held; (C) pursuant to Article 7 of the Public Officers Law (the “Open Meetings Law”), said meeting was open to the general public, and due notice of the time and place of said meeting was given in accordance with such Open Meetings Law; and (D) there was a quorum of the members of the Agency present through out said meeting.
I FURTHER CERTIFY that, as of the date hereof, the attached Resolution is in full force and effect and has not been amended, repealed or rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Agency this 14th day of August 2014. ____________________________________
(Assistant) Secretary (S E A L)
MCIDA Res. 14-15
RESOLUTION APPROVING LEASE ASSIGNMENTS
HAMILTON FULTON MONTGOMERY BOCES PROJECT
A regular meeting of Montgomery County Industrial Development Agency (the “Agency”) was
convened in public session at the offices of the Agency located at the Old County Courthouse, 9 Park
Street, Fonda, New York on August 14, 2014, at 4:30, p.m., local time.
The meeting was called to order by the Chairman and, upon roll being called, the following
members of the Agency were:
PRESENT:
Robert Hoefs Chairman
Eugene Richards Vice Chairman
Carol Shineman Treasurer
John Macci Secretary
Robert Harris
John McGlone
Member
Member
ABSENT:
Daniel Wilson Member
THE FOLLOWING PERSONS WERE ALSO PRESENT:
Kenneth Rose Chief Executive Officer
Sheila Snell Chief Financial Officer
Christopher M. Martell, Esq. Agency Counsel
The following resolution was offered by Carol Shineman, seconded by Eugene Richards, to wit:
Resolution No. 14-15
RESOLUTION APPROVING THE ASSIGNMENT OF A CERTAIN LEASE
AGREEMENT IN CONNECTION WITH A PROPOSED PROJECT TO BE
UNDERTAKEN BY THE MONTGOMERY COUNTY CAPITAL FOR THE BENEFIT
OF HAMILTON FULTON MONTGOMERY BOCES.
WHEREAS, the Agency is authorized and empowered by the provisions of Chapter 1030 of the
1969 Laws of New York, constituting Title 1 of Article 18-A of the General Municipal Law, Chapter 24
of the Consolidated Laws of New York, as amended (the “Enabling Act”) and Chapter 666 of the 1970
Laws of New York, as amended, constituting Section 895-d of said General Municipal Law (said Chapter
and the Enabling Act being hereinafter collectively referred to as the “Act”) to promote, develop,
encourage and assist in the acquiring, constructing, reconstructing, improving, maintaining, equipping and
furnishing of manufacturing, warehousing, research, commercial and industrial facilities, among others,
for the purpose of promoting, attracting and developing economically sound commerce and industry to
advance the job opportunities, health, general prosperity and economic welfare of the people of the State
of New York, to improve their prosperity and standard of living, and to prevent unemployment and
economic deterioration; and
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012178.00074 Business 12867782v4
WHEREAS, on January 12, 2005, the Agency issued its Tax-Exempt Lease Revenue Bonds
(Hamilton Fulton Montgomery Board of Cooperative Educational Services Project), Series 2004A in an
Aggregate Principal Amount of $35,000,000 (the “Prior Bonds”) to finance the following project for the
benefit of the Hamilton Fulton Montgomery Board of Cooperative Educational Services (the
“Institution”): (i) the acquisition from Fulton and Montgomery Counties (the “Counties”) of a leasehold
interest in an approximately 20 acre parcel of land (the “Land”) located on Route 67 and being part of a
larger approximately 190 acre parcel of land jointly owned by the Counties located on Route 67 in the
Town of Johnstown, Fulton County, New York and Town of Mohawk, Montgomery County, New York,
(ii) the construction thereon by the Issuer of certain improvements containing the aggregate 150,000
square feet of space (the “Facility”) and (iii) the acquisition and installation therein and thereon by the
Issuer of certain machinery and equipment (the “Equipment”) (the Land, the Facility and the Equipment
being collectively referred to as the “Project Facility”), all of the foregoing to constitute a facility to be
owned by the Issuer and leased to the Institution for use as an educational and administrative facility and
related activities; and
WHEREAS, to decrease its annual debt service and avoid incurring bond issuance costs under
Section 2976 of the New York State Public Authorities Law, the Institution has submitted an application
to the Montgomery County Capital Resource Corporation (the “Issuer”) that requests that Issuer issue
bonds (the “Series 2014 Bonds”) to refinance the Prior Bonds; and
WHEREAS, the finance structure being used in connection with the issuance of the Series 2014
Bonds and the refunding of the Prior Bonds requires the Issuer to have a leasehold interest in the Land
and to lease such interest in the Land to the Institution; and
WHEREAS, the Land has been leased by Fulton County and Montgomery County, jointly, to the
Agency pursuant to a ground lease dated as of January 12, 2005 (the “Ground Lease”) by and among
Fulton County, Montgomery County and the Agency. The term of the Ground Lease expires on January
11, 2035; and
WHEREAS, to provide a source of payment for the Prior Bonds, the Agency and the Institution
entered into a certain lease agreement dated as of January 12, 2005 (the “Prior Lease Agreement” and
together with the Ground Lease, the “Lease Agreements”); and
WHEREAS, to allow for the financing structure being contemplated in connection with the Series
2014 Bonds to function properly, the Agency would like to assign its right, title and interest in the Lease
Agreements to the Issuer pursuant to an assignment of lease agreement (the “Assignment of Lease
Agreement”); and
WHEREAS, Section 4.03 of the Ground Lease requires that the Issuer obtain the consent of
Fulton County and Montgomery County to such assignment; and
WHEREAS, it is expected that Fulton County and Montgomery County will approve the
Agency’s assignment of its rights, title and interest under the Ground Lease to the Issuer;
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF MONTGOMERY
COUNTY INDUSTRIAL DEVELOPMENT AGENCY, AS FOLLOWS:
Section 1. The Agency hereby authorizes the assignment of the Lease Agreements to the
Issuer.
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012178.00074 Business 12867782v4
Section 2. This Resolution shall take effect immediately.
The question of the adoption of the foregoing Resolution was duly put to a vote on roll call,
which resulted as follows:
Robert Hoefs VOTING Yes
Eugene Richards VOTING Yes
Carol Shinemen VOTING Yes
John Macci VOTING Yes
Robert Harris VOTING Yes
John McGlone VOTING Yes
Daniel Wilson VOTING Absent
The foregoing Resolution No. 14-15 was thereupon declared duly adopted.
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012178.00074 Business 12867782v4
STATE OF NEW YORK )
) SS.:
COUNTY OF MONTGOMERY )
I, the undersigned Secretary of Montgomery County Industrial Development Agency (the
"Agency"), do hereby certify that I have compared the foregoing extract of the minutes of the meeting of
the members of the Agency, including the Resolution contained therein, held on August 14, 2014 with the
original thereof on file in my office, and that the same is a true and correct copy of said original and of
such Resolution set forth therein and of the whole of said original so far as the same relates to the subject
matters therein referred to.
I FURTHER CERTIFY that (A) all members of the Agency had due notice of said meeting; (B)
said meeting was in all respects duly held; (C) pursuant to Article 7 of the Public Officers Law (the "Open
Meetings Law"), said meeting was open to the general public, and due notice of the time and place of said
meeting was duly given in accordance with such Open Meetings Law; and (D) there was a quorum of the
members of the Agency present throughout said meeting.
I FURTHER CERTIFY that, as of the date hereof, the attached Resolution is in full force and
effect and has not been amended, repealed or rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Agency this
14th day of August, 2014.
____________________________________________
(Assistant) Secretary
(SEAL)
MCIDA Res. 14-16 1
RESOLUTION RECOMMENDING LEGISLATURE AMEND REVOLVING LOAN FUND AGREEMENT FOR CAROLINA CLUBS, INC.
A regular meeting of Montgomery County Industrial Development Agency (the "Agency") was convened in public session at the offices of the Agency located at the Old County Courthouse, 9 Park Street, Fonda, New York on August 14, 2014 at 4:30 P.M. The meeting was called to order by the Chairman and, upon roll being called, the following members of the Agency were: PRESENT: Robert Hoefs Chairman Eugene Richards Vice Chairman Carol Shineman Treasurer John Macci Secretary John McGlone Member Robert Harris Member ABSENT: Daniel Wilson Member THE FOLLOWING PERSONS WERE ALSO PRESENT: Kenneth Rose Chief Executive Officer Sheila Snell Chief Financial Officer Karl Gustafson Economic Development Specialist Christopher M. Martell, Esq. Agency Counsel The following resolution was offered by John McGlone seconded by John Macci to wit:
Resolution No. 14-16
RESOLUTION RECOMMENDING LEGISLATURE AMEND REVOLVING LOAN FUND AGREEMENT FOR CAROLINA CLUBS, INC. WHEREAS, Montgomery County Industrial Development Agency (the “Agency”) is authorized and empowered by the provisions of Chapter 1030 of the 1969 Laws of New York, constituting Title 1 of Article 18-A of the General
MCIDA Res. 14-16 2
Municipal Law, Chapter 24 of the Consolidated Laws of New York, as amended (the “Enabling Act”) and Chapter 666 of the 1970 Laws of New York, as amended, constituting Section 895-d of said General Municipal Law (said Chapter and the Enabling Act being hereinafter collectively referred to as the “Act”) to promote, develop, encourage, and assist in the acquiring, constructing, reconstructing, improving, maintaining, equipping and furnishing of industrial, warehousing, commercial, research and manufacturing facilities, among others, for the purpose of promoting, attracting and developing economically sound commerce and industry to advance the job opportunities, health, general prosperity and economic welfare of the people of the State of New York, to improve their prosperity and standard of living, and to prevent unemployment and economic deterioration, and WHEREAS, Montgomery County administers an Economic Development Program for the purpose of creating and retaining jobs, and WHEREAS, Resolution No. 24 of 2009 by the Montgomery County Board of Supervisors approved a loan request to Carolina Clubs , Inc. for an amount not to exceed $145,650 payable in not more than 72 monthly installments, with an interest rate of 2.00% for the purposes of purchasing machinery and/or equipment; and
WHEREAS, said applicant has requested an amendment to said loan agreement as it relates to the re-amortization of the principle amount, and
WHEREAS, all other terms and conditions will remain unchanged, RESOLVED, that the Montgomery County Industrial Development Agency
recommends that the County Board of Legislature authorize the amendment to the loan agreement as detailed above, and
FURTHER RESOLVED, that the applicant will be responsible for all
attorney costs associated with this amendment. FURTHER RESOLVED, The officers, employees and agents of the Agency are hereby authorized and directed for and in the name and on behalf of the Agency to do all acts and things required or provided to carry out the terms of this Resolution, and to execute and deliver any additional certificates, instruments and documents, to pay all such fees, charges and expenses and to do all such further acts and things as may be necessary or, in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the foregoing Resolution and to cause compliance by the Agency with all of the terms, covenants and provisions of this Resolutions, and FURTHER RESOLVED, this Resolution shall take effect immediately.
MCIDA Res. 14-16 3
Robert Hoefs VOTING Yes Eugene Richards VOTING Yes Carol Shineman VOTING Yes Daniel Wilson VOTING Absent John Macci VOTING Yes John McGlone VOTING Yes Robert Harris VOTING Yes The foregoing Resolution No. 14-16 was thereupon declared duly adopted.
MCIDA Res. 14-16 4
STATE OF NEW YORK ) ) SS.:
COUNTY OF MONTGOMERY )
I, the undersigned (Assistant) Secretary of Montgomery County Industrial Development Agency (the “Agency”), do hereby certify that I have compared the foregoing extract of the minutes of the meeting of the members of the Agency held on April 10, 2014 with the original thereof on file in my office, and that the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to.
I FURTHER CERTIFY that (A) all members of the Agency had due notice of said meeting; (B) said meeting was in all respect duly held; (C) pursuant to Article 7 of the Public Officers Law (the “Open Meetings Law”), said meeting was open to the general public, and due notice of the time and place of said meeting was given in accordance with such Open Meetings Law; and (D) there was a quorum of the members of the Agency present through out said meeting.
I FURTHER CERTIFY that, as of the date hereof, the attached Resolution is in full force and effect and has not been amended, repealed or rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Agency this 14th day of August, 2014. ____________________________________
(Assistant) Secretary (S E A L)
MCIDA Res. 14-17
RESOLUTION APPROVING AGREEMENT-REGIONAL BUSINESS PARK SITE FEASIBILITY WORK
A regular meeting of Montgomery County Industrial Development Agency (the “Agency”) was convened in public session at the offices of the Agency located at the Old County Courthouse, 9 Park Street, Fonda, New York on September 11, 2014, at 4:30 o’clock p.m., local time.
The meeting was called to order by the (Vice) Chairman and, upon roll being called, the
following members of the Agency were:
PRESENT:
Robert Hoefs Eugene Richards
Chairman Vice Chairman
John Macci Carol Shineman
Secretary Treasurer
Daniel Wilson Member John McGlone Member Robert Harris Member
ABSENT: THE FOLLOWING PERSONS WERE ALSO PRESENT:
Kenneth Rose Chief Executive Officer
Sheila Snell Chief Financial Officer Jacki Meola Ec. Dev. Specialist A. Joseph Scott, III. Agency Counsel
The following resolution was offered by _________, seconded by __________, to wit:
Resolution No. 14-17
RESOLUTION AUTHORIZING THE MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY TO EXECUTE AND DELIVER A CERTAIN AGREEMENT-REGIONAL BUSINESS PARK SITE FEASIBILITY WORK
WHEREAS, Montgomery County Industrial Development Agency (the “Agency”) is
authorized and empowered by the provisions of Chapter 1030 of the 1969 Laws of New York, constituting Title 1 of Article 18-A of the General Municipal Law, Chapter 24 of the Consolidated Laws of New York, as amended (the “Enabling Act”) and Chapter 666 of the 1970 Laws of New York, as amended, constituting Section 895-d of said General Municipal Law (said Chapter and the Enabling Act being hereinafter collectively referred to as the “Act”) to promote, develop, encourage and assist in the acquiring, constructing, reconstructing, improving, maintaining, equipping and furnishing of industrial, manufacturing, warehousing, commercial, research, recreation and civic facilities, among others, for the purpose of promoting, attracting and
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MCIDA Res. 14-17
developing economically sound commerce and industry to advance the job opportunities, health, general prosperity and economic welfare of the people of the State of New York, to improve their prosperity and standard of living, and to prevent unemployment and economic deterioration; and
WHEREAS, the Agency over the past couple of years has worked with Fulton County
Center for Regional Growth (FCCRG) and Fulton County on Regional Economic Development Initiatives to further enhance our Region as a place to locate and grow businesses; and
WHEREAS, in connection with this overall effort the entities wish to partner in
investigating the feasibility of the a Regional Business Park on lands currently in Montgomery County; and
WHEREAS, in furtherance of this effort, Fulton County and the Agency authorized
various Request for Proposals for firms to perform preliminary engineering studies, topographic and survey work, archeological work, and for the engineering evaluation on the feasibility to re-establish a railroad spur to the Regional Business Park; and
WHEREAS, the Agency will provide funding for this initiative in an amount not to exceed $50,000 for the services to be rendered above by the selected firms;
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF MONTGOMERY
COUNTY INDUSTRIAL DEVELOPMENT AGENCY AS FOLLOWS:
Section 1. The Agency hereby finds and determines that:
(A) By virtue of the Act, the Agency has been vested with all powers necessary and convenient to carry out and effectuate the purposes and provisions of the Act and to exercise all powers granted to it under the Act; and
(B) The potential Regional Business Park will promote and maintain the job
opportunities, general prosperity and economic welfare of the citizens of Montgomery County, New York and the State of New York and improve their standard of living.
Section 2. Any action heretofore taken by the Agency, its officers or its staff in carrying out
the matters contemplated by this Resolution is hereby ratified, confirmed and approved. Section 3. The officers, employees and agents of the Agency are hereby authorized
and directed for and in the name and on behalf of the Agency to do all acts and things required or provided for by the provisions of this Resolution, and to execute and deliver all such additional certificates, instruments and documents, agreements, to pay all such fees, charges and expenses and to do all such further acts and things as may be necessary or, in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of this Resolution and to cause compliance by the Agency with all of the terms, covenants and provisions of this Resolution.
Section 4. This Resolution shall take effect immediately.
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MCIDA Res. 14-17
The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows:
Robert Hoefs Eugene Richards
VOTING VOTING
John Macci Carol Shineman
VOTING VOTING
Daniel Wilson VOTING John McGlone VOTING Robert Harris VOTING
The foregoing Resolution No. 14-17 was thereupon declared duly adopted.
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MCIDA Res. 14-17
STATE OF NEW YORK ) ) SS.:
COUNTY OF MONTGOMERY )
I, the undersigned (Assistant) Secretary of Montgomery County Industrial Development Agency (the “Agency”), do hereby certify that I have compared the foregoing extract of the minutes of the meeting of the members of the Agency held on August 29, 2013 with the original thereof on file in my office, and that the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to.
I FURTHER CERTIFY that (A) all members of the Agency had due notice of said meeting; (B) said meeting was in all respect duly held; (C) pursuant to Article 7 of the Public Officers Law (the “Open Meetings Law”), said meeting was open to the general public, and due notice of the time and place of said meeting was given in accordance with such Open Meetings Law; and (D) there was a quorum of the members of the Agency present through out said meeting.
I FURTHER CERTIFY that, as of the date hereof, the attached Resolution is in full force and effect and has not been amended, repealed or rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Agency this 11th day of September, 2014. ____________________________________
(Assistant) Secretary (S E A L)
REGIONAL BUSINESS PARK
1. Proposals Received to Perform Topographic and Property Survey Work:
Firm Location Property Survey Topographic Survey Total
Ferguson & Foss Professional Land
Surveyors, PC
Johnstown, NY $ 7,300 $ 10,200 $ 17,500
C.T. Male Associates Latham, NY $ 24,175 $ 10,475 $ 34,650
Control Point Associates, Inc. Warren, NJ $ 44,900 $ 12,650 $ 57,550
2. Proposals Received to Evaluate Feasibility of Railroad Spur:
Firm Location Total Fee
Plumley Engineering Rome, NY $ 28,350
CHA Albany, NY $ 49,900
Bergmann Associates Albany, NY $ 65,221
3. Proposals Received to Perform Engineering Studies:
Firm Location Wetlands
Report
Phase I Environmental Site
Assessment
Geotechnical
Report
Traffic Impact
Analysis
Total
MJ Engineering and Land
Surveying, P.C.
Clifton Park,
NY
$ 12,000 $ 11,500 (includes Phase 2) $ 10,250 $ 18,250 $ 52,000
Environmental Design Partnership,
LLP
Clifton Park,
NY
$ 15,000 $ 8,500 $ 12,000 $ 17,000 $ 52,500
Barton & Loguidice Syracuse, NY $ 19,500 $ 3,300 $ 5,700 $ 25,500 $ 54,000
Professional Service Industries (psi) Schenectady,
NY
$ 13,170 $ 14,425 (includes Phase 2) $ 5,579 $ 23,080 $ 56,254
CHA Rochester, NY $ 14,900 $ 8,500 (includes Phase 2 if
needed)
$ 13,500 $ 27,400 $ 64,300
C.T. Male Associates Johnstown, NY $ 19,400 $ 14,940 (includes Phase 2) $ 6,650 $ 24,500 $ 65,490
O’Brien & Gere Syracuse, NY $ 25,000 $ 4,500 $ 15,000 $ 30,700 $ 75,200
Ingalls & Associates, LLC Schenectady,
NY
$ 13,220 $ 13,220
4. Proposal Received to Prepare a Phase I Archeological Report:
Firm Location Total Fee
Hartgen Archeological Associates, Inc. Rensselaer $1,130
TOTAL COST: $98,980