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IDA
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COUNTY OF OSWEGO INDUSTRIAL DEVELOPMENT
AGENCY
February 27, 2008
IDA OFFICE BUILDING
44 W. BRIDGE ST.
OSWEGO, NEW YORK
PRESENT: Ospelt, Rush, Schick, Toth and Treadwell
Absent: Kunzwiler and Sorbello
Also Present: Allison Nelson and David Dano
Chair Rush called the meeting to order at 10:00 a.m. at the offices
of the County of Oswego IDA in Oswego, NY.
APPROVAL OF MINUTES
On a motion by Mr. Toth, seconded by Mr. Ospelt, the minutes of
the January 9, 2008, meeting were approved.
TREASURER’S REPORT
On a motion by Mr. Schick, seconded by Mr. Ospelt, the Financial
Statement for the period ended November 30, 2007, was approved.
NOTICE OF MEETING
Meeting notices were posted at the Oswego County Building, the IDA
Office Building, and on the IDA website. A notice was published
in The Palladium Times on February 14, 2008.
Annual Report FY 8/1/06 – 7/31/07
Following a review, on a motion by Mr. Ospelt, seconded by Mr. Toth,
the Annual Report was approved and will be placed on the IDA website.
Branches Tree Service
Following a discussion and review of the application, on a motion
by Mr. Toth, seconded by Mr. Ospelt, a resolution was adopted classifying
the project as an unlisted action, declaring the County of Oswego
IDA the Lead Agency for purposes of an uncoordinated review pursuant
to the SEQRA and determining that the financial assistance for the
Branches Tree Service project will not have a significant effect
on the environment. A copy of the Negative Declaration is on file
at the Agency.
On a motion by Mr. Toth, seconded by Mr. Ospelt, financial assistance
for working capital ($15,000) was approved for the Branches Tree
Service project subject to acceptable collateral. A copy of the
Financing proposal Summary and Cost/Benefit Analysis is on file
at the Agency.
Delinquent Loan Report
Mr. Dano reviewed the plan for the sale of the motorcycle associated
with the Do-Shea Enterprises project. Mr. Treadwell reported that
the payoff of the Zappala Farms, LLC loan is anticipated, however,
if not received, authorization was approved to start foreclosure.
Mr. Dano reviewed the status of the Galini project, on a motion
by Mr. Ospelt, seconded by Mr. Schick, authorization was approved
to pursue collection of debt.
Disposition of Property Guidelines
Following a discussion, on a motion by Mr. Schick, seconded by Mr.
Toth, a resolution was adopted approving the Disposition of Property
Guidelines and designating the Contracting Officer. A copy of the
resolution
is attached and made an official part of the minutes.
Galloo Island Wind Project
A general discussion was held on the proposed project in Jefferson
County and its potential impact on Oswego County.
WiseBuys Stores
Chair Rush reported that the Subordination Agreement had been executed.
Fulton Cogeneration Associates
Following a discussion and review of the proposals for chemical
removal and valuation services, on a motion by Mr. Schick, seconded
by Mr. Ospelt, authorization was approved to enter into service
agreements with Clean Harbors Environmental Services for chemical
removal and Stout Risius Ross, Inc. for valuation services.
Mr. Treadwell reported that the Court has approved the Fourth Amended
Order of Attachment to allow the Sheriff to remove hazardous chemicals.
Mr. Treadwell reported that the process to establish a customer
account with General Electric was underway whereby an evaluation
of the turbine could be conducted.
It was reported that the Motion for Summary Judgment was filed
on February 13, 2008, by Hiscock & Barclay.
A review of expenses incurred through February 14, 2008, was provided.
Pulaski Boylston Snowmobile Club
Following a review of a request to utilize part of the property
owned by the IDA on Peck Road in the Town of Richland, the request
was denied.
Jay F. Sullivan, MD
Following a discussion, on a motion by Mr. Ospelt, seconded by Mr.
Toth, a 3-month deferment (March-May 2008) on both IDA loans was
approved and, subject to review, an additional 3-month deferment
(June-August 2008) will be considered.
Great Lakes Veneer
Following a discussion, on a motion by Mr. Schick, seconded by Mr.
Ospelt, a 3-month deferment (January-March 2008) on both IDA loans
was approved and, subject to a review of financials and an equity
infusion report, an additional 3-month deferment (April-June 2008)
will be considered.
The Post Standard
“Wanted: Better IDAs” article published on February
4, 2008 was discussed.
G&S Broadwell, Inc.
Following a discussion, on a motion by Mr. Schick, seconded by Mr.
Ospelt, a resolution was adopted authorization the County of Oswego
IDA to participate in a refinancing for G&S Broadwell, Inc.
A copy of the resolution
is attached and made an official part of the minutes.
Precision Wood Flooring Products
Following a discussion regarding refinancing with Wilber National
Bank, on a motion by Mr. Schick, seconded by Mr. Ospelt, the request
for the IDA to agree to a co-equal first mortgage position was denied.
It was also agreed, if the Agency’s loan is paid, the PILOT
Agreement would remain for the term, subject to acceptable employment
levels at the facility being created and/or maintained.
Next IDA Meetings
March 12, 2008 at 2:00 p.m. was scheduled.
ADJOURNMENT
On a motion by Mr. Ospelt, seconded by Mr. Schick, the meeting was
adjourned at 12:05 p.m.
Respectfully Submitted,
L. Michael Treadwell
Secretary
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COUNTY OF OSWEGO INDUSTRIAL DEVELOPMENT
AGENCY
January 9, 2008
IDA OFFICE BUILDING
44 W. BRIDGE ST.
OSWEGO, NEW YORK
PRESENT: Ospelt, Rush, Schick, Sorbello, Toth
and Treadwell
Absent: Kunzwiler
Also Present: Kevin C. Caraccioli, Jack Alter and Paul Skrupa
Chair Rush called the meeting to order at 10:00 a.m. at the offices
of the County of Oswego IDA in Oswego, NY.
APPROVAL OF MINUTES
On a motion by Mr. Toth, seconded by Mr. Schick, the minutes of
the December 11, 2007, meeting were approved.
TREASURER’S REPORT
On a motion by Mr. Sorbello, seconded by Mr. Schick, the Financial
Statement for the period ended October 31, 2007, was approved.
NOTICE OF MEETING
Meeting notices were posted at the Oswego County Building, the IDA
Office Building, and on the IDA website. A notice was published
in The Palladium Times on December 28, 2007.
Delinquent Loan Report
The report for the period ended December 31, 2007, was reviewed.
Audit Report FY Ended July 31, 2007
Mr. Alter, CPA, reviewed the Audit Report. On a motion by Mr. Schick,
seconded by Mr. Ospelt, the report was accepted and approved.
Fulton Cogeneration Associates
Mr. Skrupa of OBG provided an update of actions that have been taken
to winterize and safeguard the closed FCA plant. Plans include an
evaluation of the market value of the equipment, an assessment of
maintenance needed for the GE turbine and potential removal of on-site
chemicals.
Mr. Caraccioli provided an update of the status of the litigation.
Procurement Policy
Following a discussion and review of a proposed Procurement Policy,
on a motion by Mr. Sorbello, seconded by Mr. Ospelt, the Procurement
Policy was approved and adopted. A copy of the Procurement Policy
is attached and made an official part of the minutes.
Conflict of Interest Policy
Following a discussion and review of a proposed Conflict of Interest
Policy, on a motion by Mr. Schick, seconded by Mr. Toth, the Conflict
of Interest Policy was approved and adopted as amended. A copy of
the Conflict of Interest Policy is attached and made an official
part of the minutes.
Code of Ethics Policy
Following a discussion and review of a proposed Code of Ethics Policy,
on a motion by Mr. Ospelt, seconded by Mr. Schick, the Code of Ethics
Policy was approved and adopted as amended. A copy of the Code of
Ethics Policy is attached and made an official part of the minutes.
Audit Committee Charter
On a motion by Mr. Ospelt, seconded by Mr. Sorbello, action on the
Audit Committee Charter was tabled.
Governance Committee Charter
On a motion by Mr. Ospelt, seconded by Mr. Sorbello, action on the
Governance Committee Charter was tabled.
Allied Energy Holdings
Mr. Caraccioli reviewed the terms and conditions on extending the
option on the LOIP. Following a discussion, on a motion by Mr. Schick,
seconded by Mr. Ospelt, the mutually agreed upon option agreement
was approved. Representatives of the company are to be invited to
attend and provide an update of the project.
Erie Blvd. Hydropower, LP
Mr. Treadwell reported that due to refinancing involving the Fulton
Hydros, the IDA entered into an Amendment to the Amended and Restated
Mortgage. Mr. Caraccioli noted that it had no impact on the Agency.
Next IDA Meetings
February 27, 2008 at 10:00 a.m. is scheduled.
ADJOURNMENT
On a motion by Mr. Toth, seconded by Mr. Schick, the meeting was
adjourned at 11:50 a.m.
Respectfully Submitted,
L. Michael Treadwell
Secretary
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COUNTY OF OSWEGO INDUSTRIAL DEVELOPMENT
AGENCY
December 11, 2007
IDA OFFICE BUILDING
44 W. BRIDGE ST.
OSWEGO, NEW YORK
PRESENT: Kunzwiler, Ospelt, Rush, Schick, Sorbello
and Treadwell
Absent: Toth
Also Present: Kevin C. Caraccioli and David S. Dano
Chair Rush called the meeting to order at 10:00 a.m. at the offices
of the County of Oswego IDA in Oswego, NY.
APPROVAL OF MINUTES
On a motion by Mr. Ospelt, seconded by Mr. Schick, the minutes of
the November 13, 2007, meeting were approved.
TREASURER’S REPORT
On a motion by Mr. Ospelt, seconded by Mr. Schick, the Financial
Statement for the period ended September 30, 2007, was approved.
NOTICE OF MEETING
Meeting notices were posted at the Oswego County Building, the IDA
Office Building, and on the IDA website. A notice was published
in The Palladium Times on November 30, 2007.
Delinquent Loan Report
The report for the period ended November 30, 2007, was reviewed.
RGC–SRE Oswego Acquisitions, LLC
Following a review of the application, on a motion by Mr. Ospelt,
seconded by Mr. Schick, a resolution was approved determining that
the acquisition, renovation and equipping of a commercial facility
at the request of RGC-SRE Oswego Acquisitions, LLC, a New York limited
liability company, for use as 24 upscale loft style residential
units constitutes a project and describing the financial assistance
requested in connection therewith and authorizing a public hearing.
A copy of the resolution
is attached and made an official part of the minutes.
Hiscock & Barclay, LLP
Mr. Treadwell reported that Jean S. Everett had rejoined H&B.
Governance and Audit Committees
Following a discussion, on a motion by Mr. Schick, seconded by Mr.
Sorbello, a resolution was approved appointing Board Members to
the Governance and Audit Committees. A copy of the resolution is
attached and made an official part of the minutes.
Drafts of each of the Charters for the Governance and Audit Committees
were distributed.
Code of Ethics/Conflict of Interest/Procurement Policies
Drafts of each of the policies were distributed.
Corporate Omnibus Resolution
Following a discussion, on a motion by Mr. Ospelt, seconded by Mr.
Schick, a Corporate Omnibus Resolution was approved authorizing
the adoption of corporate compliance policies and a statement of
regularity for the years 2005-2007. A copy of the resolution is
attached and made an official part of the minutes.
Resumes/Qualifications of Director
Mr. Treadwell requested that each Board Member submit an updated
resume and/or completion of the Board Member Qualifications form.
Operation Oswego County, Inc./Veterans’ Van Project
Following a discussion, on a motion by Mr. Sorbello, seconded by
Mr. Kunzwiler, bridge funding up to $29,500 was approved to acquire
and modify a van for purposes of veteran transportation by the VA.
Repayment of the interest-free bridge loan would be derived from
two NYS grants to OOC secured by Senator Wright and Assemblyman
Barclay. OOC was appointed Agent of the IDA for purposes of acquiring
the van.
Robin Fodora d/b/a Affordable Home Inventory
Following a discussion and review of the application, on a motion
by Mr. Kunzwiler, seconded by Mr. Sorbello, a resolution was adopted
classifying the project as an unlisted action, declaring the County
of Oswego IDA the Lead Agency for purposes of an uncoordinated review
pursuant to the SEQRA and determining that the financial assistance
for the Affordable Home Inventory project will not have a significant
effect on the environment. A copy of the Negative Declaration is
on file at the Agency.
On a motion by Mr. Kunzwiler, seconded by Mr. Schick, financial
assistance for equipment and working capital ($8,000) was approved
for the Affordable Home Inventory project. A copy of the Financing
Proposal Summary and Cost/Benefit Analysis is on file at the Agency.
Housing Visions Consultants, Inc./Oswego Hamilton Homes, LLC
On a motion by Mr. Kunzwiler, seconded by Mr. Schick, a resolution
was approved amending prior resolutions adopted by the Agency in
conjunction with undertaking the acquisition, construction and equipping
of a certain project, appointing Oswego Hamilton Homes, LLC, as
Agent of the Agency for the purpose of the acquisition, construction
and equipping of the project, approving a PILOT schedule and authorizing
the execution and delivery of an agreement between the Agency and
Oswego Hamilton Homes, LLC. A copy of the resolution
is attached and made an official part of the minutes.
Fulton Cogeneration Associates
Mr. Treadwell reported that O’Brien & Gere was retained
to manage a winterization and protection plan as authorized by the
Court. Following a discussion, it was agreed that a Fourth Amendment
Order of Attachment be requested to responsibly remove appropriate
chemicals and to secure the fire protection system.
Mr. Caraccioli reviewed the status of litigation.
Owens-Brockway Glass Container, Inc.
On a motion by Mr. Sorbello, seconded by Mr. Kunzwiler, authorization
was approved to execute a lease termination agreement for the property
in the Town of Volney.
Allied Energy Holdings
Following a discussion, it was approved to continue to negotiate
the extension of an option on the Lake Ontario Industrial Park to
include progress reports on project development.
Next IDA Meetings
January 9, 2008, at 10:00 a.m. and February 27, 2008, at 10:00 a.m.
were scheduled.
ADJOURNMENT
On a motion by Mr. Sorbello, seconded by Mr. Kunzwiler, the meeting
was adjourned at 12:31 p.m.
Respectfully Submitted,
L. Michael Treadwell
Secretary
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COUNTY OF OSWEGO INDUSTRIAL DEVELOPMENT
AGENCY
November 13, 2007
IDA OFFICE BUILDING
44 W. BRIDGE ST.
OSWEGO, NEW YORK
PRESENT: Ospelt, Rush, Schick, Sorbello, Toth
and Treadwell
Absent: Kunzwiler
Also Present: Kevin Caraccioli and David Dano
Chair Rush called the meeting to order at 10:00 a.m. at the offices
of the County of Oswego IDA in Oswego, NY.
APPROVAL OF MINUTES
On a motion by Mr. Sorbello, seconded by Mr. Ospelt, the minutes
of the October 18, 2007, meeting were approved.
Mr. Treadwell reported that the minutes, once approved by the Agency,
would be posted on the Agency’s website.
TREASURER’S REPORT
On a motion by Mr. Ospelt, seconded by Mr. Schick, the Financial
Statement for the period ended August 31, 2007, was approved.
NOTICE OF MEETING
Meeting notices were posted at the Oswego County Building, the IDA
Office Building, and on the IDA website. A notice was published
in The Palladium Times on November 1, 2007.
Delinquent Loan Report
The report for the period ended October 31, 2007, was reviewed.
Disposition of Property Guidelines
Following a discussion and review of the proposed Disposition of
Property Guidelines, on a motion by Mr. Sorbello, seconded by Mr.
Toth, a resolution
was adopted approving the Disposition of Property Guidelines. A
copy of the resolution is attached and made an official part of
the minutes.
On a motion by Mr. Ospelt, seconded by Mr. Schick, the Treasurer
was designated to be the Contracting Officer per the Disposition
of Property Guidelines.
New York Bold, LLC
Following a discussion, on a motion by Mr. Toth, seconded by Mr.
Ospelt, it was approved to modify the guarantor requirements to
exclude Zappala Farms for the loan approved on August 8, 2007. Mr.
Sorbello abstained.
Housing Visions Consultants, Inc./Oswego Hamilton Homes, LLC
Mr. Treadwell reported that a public hearing will be held on December
11, 2007, at 9:00 a.m. to address the amendments to the application
to clarify the phase development of the project.
NYS Canal Corp.
Mr. Caraccioli reported that it would take the State two to three
months to execute the lease for the 1 acre site. It was agreed to
permit the NYS Canal Corp. to use the property with the understanding
that the agreement would be signed. The term of the use was extended
to May 15, 2008.
NYSEDC – 2008 IDA PAAA Training Course
Mr. Treadwell reviewed the scheduled PAAA Training Course to be
held in Albany on January 24, 2008.
PILOT Economic Development Fund – 2008
The 2008 County Budget included a 10% allocation.
Fulton Cogeneration Associates
Mr. Treadwell reported that the inventory assessment was completed
on October 19, 2007.
Following a review of FCA’s letter of October 25, 2007, requesting
a response to their Settlement Proposal, no action was authorized.
Mr. Caraccioli reviewed the status of the litigation.
Mr. Treadwell reported that a Third Amendment Order of Attachment
has been submitted to the Court to authorize steps to winterize
and safeguard the attached equipment.
Following a discussion, on a motion by Mr. Sorbello, seconded by
Mr. Schick, a proposal from O’Brien & Gere for services
related to the Facility Valuation and Asset Protection was authorized
subject to review by the Chair and counsel.
Next IDA Meeting
December 11, 2007, at 10:00 a.m. is scheduled.
ADJOURNMENT
On a motion by Mr. Schick, seconded by Mr. Sorbello, the meeting
was adjourned at 12:40 p.m.
Respectfully Submitted,
L. Michael Treadwell
Secretary
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COUNTY OF OSWEGO INDUSTRIAL DEVELOPMENT
AGENCY
October 18, 2007
IDA OFFICE BUILDING
44 W. BRIDGE ST.
OSWEGO, NEW YORK
PRESENT: Kunzwiler, Ospelt, Schick, Sorbello and
Treadwell
Absent/Excused: Rush and Toth
Absent: None
Also Present: Kevin Caraccioli, Hausmann-Alain Banet, Robert B.
Liddell and David Dano
Secretary/Treasurer Treadwell called the meeting to order at 9:00
a.m. at the offices of the County of Oswego IDA in Oswego, NY.
APPROVAL OF MINUTES
On a motion by Mr. Ospelt, seconded by Mr. Schick, the minutes of
the September 14, 2007, meeting were approved.
TREASURER’S REPORT
On a motion by Mr. Ospelt, seconded by Mr. Schick, the Financial
Statement for the period ended July 31, 2007, was approved.
NOTICE OF MEETING
Meeting notices were posted at the Oswego County Building, the IDA
Office Building, and on the IDA website. A notice was published
in The Palladium Times on October 5, 2007.
Loan Delinquent Report
The report for the period ended September 30, 2007, was reviewed.
Allison A.N. Duggan, MD PLLC
Following a discussion and review of the application, on a motion
by Mr. Sorbello, seconded by Mr. Schick, a resolution was adopted
classifying the project as an unlisted action, declaring the County
of Oswego IDA the Lead Agency for purposes of an uncoordinated review
pursuant to the SEQRA and determining that the financial assistance
for the Allison A.N. Duggan, MD, PLLC project will not have a significant
effect on the environment. A copy of the Negative Declaration is
on file at the Agency.
On a motion by Mr. Kunzwiler, seconded by Mr. Schick, financial
assistance for a lease for equipment and furnishings ($20,000) was
approved for the Allison A.N. Duggan, MD, PLLC project. A copy of
the Financing Proposal Summary and Cost/Benefit Analysis is on file
at the Agency.
NYS Canal Corp.
Following a discussion, on a motion by Mr. Ospelt, seconded by Mr.
Kunzwiler, a temporary land lease for approximately 1 acre of land
at the Columbia Mills site in the Town of Minetto was approved for
the NYS Canal Corp. for performance of work on Lock 0-5 between
November 15, 2007 and May 1, 2008.
Public Authority Reporting Information System (PARIS)
On a motion by Mr. Schick, seconded by Mr. Sorbello, the Secretary/Treasurer
was authorized to be the Primary Authorizer Designation for the
PARIS.
NYSEDC
Following a discussion, on a motion by Mr. Ospelt, seconded by Mr.
Schick, sponsorship to help fund a Center for Governmental Research
Study on IDA activities in the amount of $750 was approved.
Allied Energy Holdings
Following a discussion, on a motion by Mr. Kunzwiler, seconded by
Mr. Ospelt, it was authorized to extend the option on the LOIP for
the requested extension outlined in communications dated October
11, 2007, subject to the option fee being non-refundable.
Oswego County Opportunities
Following a review of the application, on a motion by Mr. Sorbello,
seconded by Mr. Schick, a resolution was approved determining that
the acquisition, renovation and equipping of certain commercial
properties at the request of Oswego County Opportunities, Inc.,
a New York not for profit corporation, for use as health care centers
and a nutrition facility, constitutes a project and describing the
financial assistance requested in connection therewith and authorizing
a public hearing. A copy of the resolution
is attached and made an official part of the minutes.
Next IDA Meeting
November 13, 2007 at 10:00 a.m. and December 11, 2007 at 10:00 a.m.
were scheduled.
Fulton Cogeneration Associates
Mr. Treadwell reported that an inspection as authorized by the
court was scheduled for October 19, 2007.
Dr. Banet was introduced.
On a motion by Mr. Ospelt, seconded by Mr. Kunzwiler, it was approved
to enter into Executive Session at 9:55 a.m. to discuss matters
involving litigation.
On a motion by Mr. Ospelt, seconded by Mr. Schick, the Executive
Session was ended at 12:30 p.m.
Dr. Banet thanked the Agency for the opportunity to discuss circumstances
related to FCA and a proposed settlement. Dr. Banet departed at
12:35 p.m.
Following a discussion, the following were authorized: (1) determine
the need to winterize the equipment and to implement a plan if necessary;
(2) conduct an evaluation assessment of the equipment; (3) authorize
counsel to request an amendment to the court order, if necessary,
to allow implementation of a winterization plan and evaluation assessment.
ADJOURNMENT
On a motion by Mr. Kunzwiler, seconded by Mr. Ospelt, the meeting
was adjourned at 12:55 p.m.
Respectfully Submitted,
L. Michael Treadwell
Secretary
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