July 13, 2017

A regular meeting of the City of Hornell Industrial Development Agency was held on Thursday, July 13, 2017, at 4:00 PM.

PRESENT: Samuel Nasca, Chair
George Prete, Vice Chair
Shawn Hogan, Treasurer, CFO
Joseph Foreman, Secretary
Dave Parmley, Assistant Treasurer/ Assistant Secretary

ALSO: James Griffin, CEO, Executive Director
Margaret Frungillo, Administrative Assistant
John Dagon, Attorney
Jason Jordan, Evening Tribune
Jeffery Hayden, GM, Evening Tribune

Chairman Nasca called the meeting to order at 4:10 PM. Chairman Nasca reported that there was a quorum for the meeting as required by the by-laws.

Chairman Nasca introduced Jeffrey Hayden, the new General Manager of The Evening Tribune to the Board. Mr. Hayden assured the Board that he plans on carrying on the activities of the newspaper as they have always been done and appreciates the support he has received from the community.

Secretary Foreman presented the minutes of the June 8, 2017 meeting. A motion was made by Dave Parmley, seconded by George Prete to approve the minutes of the 6/8/17 meeting. Carried All.

Treasurer Shawn Hogan presented the financial statements for June that had been e-mailed to the Board prior to the meeting. A motion was made by Dave Parmley, seconded by Joseph Foreman to approve the financial report as presented. Carried All.

COMMITTEE REPORTS

Audit Committee – Chairman of the Audit committee, George Prete, reported that the Audit Committee had met on 6/30/17 and approved bills in the amount of $174,974.12 for June. A motion was made by Dave Parmley, seconded by Joseph Foreman to approve the actions of the Audit Committee. Carried All.

Personnel Committee - No report

Governance Committee – No report

EXECUTIVE DIRECTOR'S REPORT

The Sunset Property -Griffin reported that the purchase of the Sunset Restaurant (located at 231 East Avenue, Hornell) has been completed and the Agency is in the process of acquiring liability insurance for the property. The property has to be on a separate policy due to the fact that it is a vacant building. The quote from the Lawley Insurance Agency is $962.00 a year. Griffin requested the board accept the policy amount as presented.

A motion was made by Dave Parmley, seconded by George Prete to approve the policy amount as presented. The motion was put to vote on roll call, which resulted as follows:

Samuel Nasca – Aye
George Prete – Aye
Shawn Hogan – Aye
David Parmley – Aye
Joseph Foreman – Aye

The Resolution was duly adopted.

County Route 66 Property Transfer – Executive Director Griffin requested a resolution to transfer the property that HP Hood had donated to the IDA to The City of Hornell for $1.00 to use as part of the new hiking trail. A motion was made by George Prete, seconded by Joseph Foreman to approve the transfer of the property to the City. The motion was put to vote on roll call, which resulted as follows:

Samuel Nasca – Aye
George Prete – Aye
Shawn Hogan – Aye
David Parmley – Aye
Joseph Foreman – Aye

The Resolution was duly adopted.

Trikeenan- Griffin reported that the Board had approved repairs at the Trikeenan building not to exceed $10,000 at the previous meeting. Trikeenan has requested that the contractor repair additional tiles in the reception area. Griffin requested a resolution to extend the amount allowed for the project an additional $5,000 for the extra repairs required. This is a continuing project which was an emergency due to the settling of the building. A motion was made by Dave Parmley, seconded by George Prete to authorize the additional amount for repairs at Trikeenan and not to exceed $5,000 making the total not to exceed $15,000.

The motion was put to vote on roll call, which resulted as follows:

Samuel Nasca – Aye
George Prete – Aye
Shawn Hogan – Aye
David Parmley – Aye
Joseph Foreman – Aye

The Resolution was duly adopted.

Medical Arts Village- 7100 Route 70A LLC – Griffin stated that 7100 Route 70A LLC (The Company) is requesting the Agency's assistance with renovation and redevelopment of the existing 123,000 square-foot vacant retail facility. Executive Director Griffin states that the Company has completed a CHIDA Application for Financial Assistance (attached) for the Board to review. An initial resolution was presented (attached) authorizing a public hearing and appointing 7100 Route 70A LLC an Agent for the Agency to undertake the project and authorizing the negotiation of the lease agreement, the leaseback agreement, the PILOT agreement, the PILOT mortgage and related documents with respect to the project subject to compliance by the Agency of the requirements of the PAAA and PAL.

A motion was made by Shawn Hogan, seconded by Dave Parmley to approve the initial resolution as presented and attached. The motion was put to vote on roll call, which resulted as follows:

Samuel Nasca – Aye
David Parmley – Aye
Shawn Hogan – Aye
George Prete – Abstain
Joseph Foreman – Aye

The Resolution was duly adopted.

Riedman Project - Executive Director Griffin stated that a public hearing was held pursuant to Article 18-A of the New York General Municipal Law by the Agency on Wednesday June 28, 2017 at 10:00 am. An Authorizing Resolution ( see Attached) appointing the Company as an agent of the Agency to undertake the project pursuant to a certain agent and financial assistance and project agreement; Authorizing the Agency to execute and deliver a certain amended and restated license and site access agreement; and authorizing the Agency to execute and deliver a certain termination of purchase contract and mutual release with respect to the Riedman Hornell LLC project subject to compliance by the Agency of the requirements of the PAAA and the PAL was presented. A motion was made Dave Parmley by, seconded by Joseph Foreman to approve the resolution as presented. The motion was put to vote on roll call, which resulted as follows:

Samuel Nasca – Aye
George Prete – Aye
Shawn Hogan – Aye
David Parmley – Aye
Joseph Foreman – Aye

The Resolution was duly adopted.

Alstom- Executive Director Griffin stated that a public hearing was held pursuant to Article 18-A of the New York General Municipal Law by the Agency on Wednesday June 28, 2017 at 10:00 am. An Authorizing Resolution appointing Alstom Transportation, Inc. as agent of the Agency to undertake a certain project pursuant to a certain agent and financial assistance and project agreement and authorizing the Agency to execute and deliver the Agent Agreement, the amended and restated lease agreement, the PILOT agreement and related documents with respect to the project.

A motion was made by Dave Parmley, seconded by Shawn Hogan to approve the resolution as presented contingent on the new lease and PILOT agreements. The motion was put to vote on roll call, which resulted as follows:

Samuel Nasca – Aye
George Prete – Aye
Shawn Hogan – Aye
David Parmley – Aye
Joseph Foreman – Aye

The Resolution was duly adopted.

There being no further business the meeting was adjourned at 5:01 PM upon motion by Dave Parmley, seconded by George Prete. Carried All.

Respectfully submitted,

Joseph Foreman, Secretary