November 21 2019

A regular meeting of the City of Hornell Industrial Development Agency was held November 21, 2019, at 4:00 PM, at 40 Main Street, Hornell, NY.

PRESENT: Samuel Nasca, Chair, George Prete, Vice Chair, David Parmley, Treasurer, CFO, John Carbone, Secretary, John Buckley, Asst. Treasurer, Asst. Secretary

ALSO: James Griffin, CEO, Executive Director, Shawn Hogan, Executive Consultant, Margaret Frungillo, Administrative Assistant. Calvin Weaver, Attorney Harris Beach, John Dagon, Agency Attorney, Chris Potter, the Evening Tribune

Chairman Nasca called the meeting to order at 4:22 PM. Chairman Nasca reported that there was a quorum for the meeting.

Secretary Carbone presented the minutes of the October 3, 2019 meeting. A motion was made by John Buckley, seconded by Dave Parmley to approve the minutes of the 10/03/19 meeting. Carried All.

Treasurer Parmley presented the financial statements for September & October that had been e-mailed to the Board prior to the meeting. A motion was made by John Carbone, seconded by John Buckley to approve the financial report as presented.

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

Samuel Nasca – Aye
George Prete – Aye
Dave Parmley – Aye
John Buckley - Aye
John Carbone – Aye

The motion was approved as presented.

COMMITTEE REPORTS

Audit Committee – Chairman of the Audit Committee, George Prete, reported that the Audit Committee had met on 10/9/19 and approved bills in the amount of $46,539.56 for September from the Operating account and they also met on 11/13/19 and approved $42,985.37 from the Operating account in October. A motion was made John Buckley, seconded by Dave Parmley, to approve the actions of the Audit Committee. The motion was put to a vote on roll call which resulted as follows:

Samuel Nasca – Aye
George Prete – Aye
Dave Parmley – Aye
John Buckley - Aye
John Carbone – Aye

The motion was approved as presented.

Personnel Committee – No report

Governance Committee- No Report

NEW BUSINESS

Peish Video and Production- Prior to the meeting Robert Peisher, owner of Peish Video & Production presented a proposal for the installation, equipment and training for the live streaming of all meetings on our web site that the State requires beginning January 1, 2020. The proposal includes the rewiring and relighting of the conference room along with the smart TV, video conferencing system with mounting, intel mini PC with wireless keyboard and WebX subscription. Executive Director Griffin requested an approval of the proposal not to exceed $9,000. A motion was made by Dave Parmley, seconded by George Prete to approve the resolution as presented. The motion was put to a vote on roll call which resulted as follows:

Samuel Nasca – Aye
George Prete – Aye
Dave Parmley – Aye
John Buckley - Aye
John Carbone – Aye

The Resolution was duly adopted.

Iron Shore Properties- Executive Director Griffin stated that Hewan Fraser owner of Iron Shore Properties LLC has requested the Agency reinstate the Financial Assistance previously authorized on June 23, 2011 by the Agency to appoint the company as agent of the Agency to undertake the project and execute and deliver a project agreement, lease agreement, leaseback agreement, PILOT agreement and related documents with respect to the project. This is being reinstated for the reconstruction of the second building that was included in the original project. A motion was made by George Prete, seconded by Dave Parmley to approve the resolution as presented. The motion was put to a vote on roll call which resulted as follows:

Samuel Nasca – Aye
George Prete – Aye
Dave Parmley – Aye
John Buckley - Aye
John Carbone – Aye

The Resolution was duly adopted.

Riedman Hornell LLC Project- Riedman had purchased parcel C1 and C2 on Fairlawn Ave., there is a parcel C3 behind these parcels. There is a space between parcel C1 and C2 that was left out of the agreement in order to be used as access to the parcel C3. When Riedman built their office on C1they inadvertently built their driveway across the Agency's property. Executive Griffin requested an Authorizing Resolution to execute and deliver an easement agreement and related documents with respect to granting a permanent non-exclusive easement to the Company for use of the driveway over, across and through a portion of Parcel C-3 for access between Parcel C-1 and Fairlawn Avenue. A motion was made by John Buckley, seconded by George Prete to approve the resolution as presented.

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

Samuel Nasca – Aye
George Prete – Aye
Dave Parmley – Aye
John Buckley - Aye
John Carbone – Aye

The Resolution was duly adopted.

The Residences of Hornell LLC Project- Executive Director Griffin stated that the Residences of Hornell have submitted to the Agency a Supplemental Application which provides notice that the Company is proceeding with Phase ΙΙ and Phase ΙΙΙ of the Project, outlined an increase in total costs of the Project, and requested an adjustment to the Financial Assistance for the project. Griffin requested the Agency adopt a resolution accepting the Supplemental Application, authorizing the increase in total costs of the Project, adjusting the Financial Assistance for the Project, ratifying and confirming the findings made by the Agency in the Resolutions previously adopted, and authorizing the execution and delivery of all necessary and related documents to effectuate Phase Ι and Phase ΙΙ of the Project. A motion was made by Dave Parmley, seconded by George Prete to approve the resolution as presented. The motion was put to a vote on roll call which resulted as follows:

Samuel Nasca – Aye
George Prete – Aye
Dave Parmley – Aye
John Buckley - Aye
John Carbone – Aye

The Resolution was duly adopted.

STREDEC- Executive Director Griffin requested a Resolution for the Agency to submit an application to STREDEC applying for a $700,000 grant from the Infrastructure Fund for Shovel Ready Sites in order to prepare the IDA property north of the Alstom Motor Shop at Shawmut Park for development in the future. Griffin stated that the property will require an engineering firm, design plan, water and sewer site work to prepare the site for development. A motion was made by Dave Parmley, seconded by John Carbone to approve the resolution for the Agency to submit the application as presented.

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

Samuel Nasca – Aye
George Prete – Aye
Dave Parmley – Aye
John Buckley - Aye
John Carbone – Aye

The Resolution was duly adopted.

Specialty Retailers- Executive Director Griffin reported that Specialty Retailers are in the process of selling the facility located at 33 Broadway Mall to Lucrum Hornell, LLC. Specialty Retailers entered into a Lease, Leaseback Agreement

and Pilot Agreement with the Agency on May 10, 2013. Griffin further reported that the Company wishes to assign its interest in the Project Documents to the Purchaser, as assignee. Griffin requested a Resolution to execute and deliver all necessary documents in connection with the conveyance of the project to Lucrum Hornell, LLC prior to the expiration of the agreements between the agency and Specialty Retailers and contemplate additional financial assistance with respect to the project in the form of a mortgage recording tax exemption provided financial assistance shall not exceed $100,000. A motion was made by John Carbone, seconded by John Buckley to approve the resolution as presented.

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

Samuel Nasca – Aye
George Prete – Aye
Dave Parmley – Aye
John Buckley - Aye
John Carbone – Aye

The Resolution was duly adopted.

OTHER BUSINESS

Wind Farm Right of Way - Executive Director Griffin stated the Invenergy has requested an easement in the South Yards on property the Agency owns. The Company requested a transmission easement 100 ft. in width across, above and below the property; being fifty feet on either side of the transmission line at its location on the property. Chairman Nasca requested a Resolution to authorize the Executive Director to continue to negotiate on behalf of the Agency and return to the board with the final agreement. A motion was made by John Buckley, seconded by George Prete to approve the resolution as presented. The motion was put to a vote on roll call which resulted as follows:

Samuel Nasca – Aye
George Prete – Aye
Dave Parmley – Aye
John Buckley - Aye
John Carbone – Aye

The Resolution was duly adopted.

There being no further business the meeting was adjourned at 5:10 PM upon motion by Dave Parmley, seconded by John Buckley. Carried All.

Respectfully Submitted,

John Carbone, Secretary