Meeting NoticeA. Casino Effort VI. Director’s Report VII. Financial Report A. Revolving Loan Fund...

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: February 10, 2014

RE: IDA Meeting

The regular meeting of the Montgomery County Industrial Development Agency is

scheduled for Thursday, February 13, 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 County Executive The Leader Herald

Montgomery County Legislatures The Daily Gazette

AIDA Members

DPW

Montgomery County Industrial Development Agency

Meeting Agenda February 13, 2014

I. Call to Order

II. Minutes

A. Governance Committee Meeting B. Organizational Meeting-January 9, 2014 C. Regular Meeting-January 9, 2014

III. Communications

A. Glen Park

IV. Public Comments

V. Chair’s Report

A. Casino Effort

VI. Director’s Report

VII. Financial Report

A. Revolving Loan Fund

VIII. Unfinished Business A. Florida Business Extension-

i. ACOE Wetlands Update-Communications ii. Archeological Investigation Update-Communications

IX. New Business

A. Property Inventory and Disposition Report B. American Hotel and Hospitality Management-Action Item C. Florida Park Extension Crop Lease Agreement

X. Adjournment

MCIDA Organizational Mtg 01 12 2012 1

MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY

Governance Committee Meeting Minutes

January 9, 2014

MEMBERS PRESENT: STAFF MEMBERS PRESENT:

Robert Hoefs, Chair Kenneth F. Rose, Chief Executive Officer

John McGlone, Member

The meeting was called to order at 4:00 p.m.by Chairperson Robert Hoefs.

Mr. Rose reviewed the Agency’s policies and procedures with the committee. A motion was made by

Robert Hoefs and seconded by John McGlone to recommend the full board accept the policies and

procedures for the upcoming year. All members present were in favor.

The meeting was adjourned at 4:25 p.m.

Respectfully submitted

__________________________________________

Kenneth F. Rose

CEO

MCIDA Organizational Mtg 01.09.14


Organizational Meeting Minutes

January 9, 2014

MEMBERS PRESENT: STAFF MEMBERS PRESENT:

Robert Hoefs, Chair Kenneth F. Rose, Chief Executive Officer

Eugene Richards, Vice Chair Sheila Snell, Chief Financial Officer

Carol Shineman, Treasurer Jacki M. Meola, Economic Dev. Specialist


Robert Harris, Member

MEMBERS ABSENT: OTHERS PRESENT: John Macci, Secretary Christopher Martell, Esq., Agency Counsel

Daniel Wilson, Member Ryan B. Weitz, Legislator, District 4

Martin P. Kelly, Legislator, District 1

I. Call to Order

Meeting was called to order at 4:34 p.m. by Chairperson Robert Hoefs.

II. Organizational Meeting:

A. Appointments and Administrative Matters

The following resolution was offered by John McGlone, seconded by Eugene Richards, to wit:

RESOLUTION APPROVING CERTAIN APPOINTMENTS AND ADMINISTRATIVE MATTERS OF

THE AGENCY

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 Abstain

John Macci VOTING Absent

John McGlone VOTING Yes

Daniel Wilson VOTING Absent

Robert Harris VOTING Yes

The foregoing Resolution No. 14-01 was thereupon declared duly adopted.

IV. Adjournment

A motion was made by John McGlone and seconded by Carol Shineman to adjourn the meeting. All

members present were in favor, and the meeting ended at 4:41 p.m.

Respectfully submitted

__________________________________________

Jacki M. Meola

Economic Development Specialist

Attachments: Resolution No. 14-01

Mcida Res. 14- 01 1

An organizational 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 January 9, 2014 The meeting was called to order by the Chairperson and, upon roll being called, the following members of the Agency were: PRESENT: Robert Hoefs Chairman Eugene Richards Vice Chairman Carol Shineman Treasurer John McGlone Member Robert Harris Member ABSENT: John Macci Secretary Daniel Wilson Member THE FOLLOWING PERSONS WERE ALSO PRESENT: Kenneth Rose Chief Executive Officer Sheila Snell Chief Financial Officer Jacki Meola Economic Development Specialist Christopher Martell, Esq. Counsel The following resolution was offered John McGlone, seconded by Eugene Richareds to wit:

Resolution No. 14-01

RESOLUTION APPROVING CERTAIN APPOINTMENTS AND ADMINISTRATIVE MATTERS OF THE AGENCY. WHEREAS, Montgomery County Industrial Development Agency (the "Agency") is authorized and empowered by the provisions of Chapter 1030 of 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 and recreation 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

Mcida Res. 14- 01 2

their prosperity and standard of living, and to prevent unemployment and economic deterioration; and WHEREAS, under Section 858 of the Act, the Agency has the power to make certain appointments and approve certain administrative matters; and WHEREAS, under Section 856 of the Act, the members of the Agency shall elect the offcers of the Agency; and WHEREAS, as provided in the Agency's by-laws and the Governance Committee Charter, the members of the Governance Committee have reviewed and made certain recommendations on the Agency policies; and WHEREAS, the members of the Agency desire to make certain appointments and approve certain administrative matters; NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY, AS FOLLOWS: Section 1. The Agency hereby takes the following actions: (A) Approves the appointments and the administrative matters described in Schedule A attached hereto. (B) Approves and confirms the policies described in Schedule A and contained in the Agency's Policy Manual. Section 2. The Agency hereby authorizes the (Vice) Chairman and the Chief Executive Officer to take all steps necessary to implement the matters described in Schedule A attached. Section 3. This Resolution shall take effect immediately. 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 John Macci VOTING ABSENT Daniel Wilson VOTING ABSENT John McGlone VOTING YES Robert Harris VOTING YES The foregoing Resolution No. 14-01 was thereupon declared duly adopted.

Mcida Res. 14- 01 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 January 9, 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 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 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 9th day of January, 2014.

______________________________ (Assistant) Secretary

(SEAL)

Mcida Res. 14- 01 5

SCHEDULE A Confirmation of Regular Agency Meeting Schedule Election of Officers of the Agency Chair Robert Hoefs Vice Chair Eugene Richards Treasurer Carol Shineman Secretary John Macci Appointment of Chief Executive Officer and Staff to the Agency Chief Executive Officer Kenneth Rose Chief Financial Officer Sheila Snell Appointment of Accounting Firm of the Agency West & Co. Appointment of Agency and Bond Counsel Hodgson Russ, LLP Appointment of Bank of the Agency and Accounts NBT Bank Approval and Confirmation of Agency Policies (Uniform Tax Exemption Policy) (Investment Policy) (Real Property Disposition Policy) (Real Property Acquisition Policy) (Procurement Policy)

(Personnel Policy including Compensation, Reimbursement and Attendance Policy) (Travel Policy) (Code of Ethics Policy)

Appointment of Contracting Officer Kenneth Rose, CEO

Mcida Res. 14- 01 6

Appointment of Investment Officer Sheila Snell, CFO Appointment of Governance Committee Members 1. Robert Hoefs 2. Daniel Wilson 3. John McGlone Appointment of Audit Committee Members 1. Eugene Richards 2. John Macci 3. Robert Harris Appointment of Finance Committee Members 1. Robert Hoefs 2. Eugene Richards 3. Carol Shineman Appointment of Media 1. The Recorder 2. The Daily Gazette

MCIDA 01.09.14 1


Meeting Minutes

January 9, 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 Jacki Meola, Economic Development Specialist


Robert Harris, Member

ABSENT: OTHERS PRESENT: John Macci, Secretary Christopher Martell, Esq.– Agency Counsel

Daniel Wilson, Member Ryan B. Weitz, Legislator, District 4

Martin P. Kelly, Legislator, District 1

I. Meeting called to order at 4:42 p.m. by Chairperson Robert Hoefs.

II. Minutes – A motion was made by Carol Shineman and seconded by John McGlone to accept the minutes of the Regular Meeting on December 12, 2013. Robert Harris made a notation regarding a typographical error, related

to the length of the term of the Revolving Loan for Footehill Farms. The correct length of term should have been

five years, not seven. All members present were in favor to accept the meeting minutes with the proper

correction.

III. Communications – There was no communications to be reviewed.

IV. Public Comment – There was no Public Comment.

V. Chair’s Report – There was no Chair’s Report.

VI. Director’s Report – Mr. Rose informed the Board Members present that it has been a busy year and staff is handling year-end monitoring, PARIS and the Annual Report. All should be wrapped up by April/May. Mr.

Rose said he is currently working to determine any changes that will affect the MCIDA and the County’s RLF

now that the new districts and County Executive are in place. There will be a need to changes rules/policies to

both that remove references to the old form of government. Mr. Rose will keep the Board informed as the process

unfolds.

VII. Financial Report –

A. Financial Report – Ms. Snell presented the MCIDA financials. She explained that there will be no regular financial report until the audit is complete. The auditors will begin in mid February and make

report in March to make the March 31 deadline.

B. Revolving Loan Fund – Ms. Snell presented the County’s Revolving Loan Fund report. She explained that the Footehills Loan should be completed in the next couple of weeks.

VIII. Unfinished Business – Mr. Rose reviewed several items.

Discussion took place regarding certain demolition plans provided by TD Development, owners of the former

Beechnut facility in Canajoharie. They have indicated that areas that have limitations for development will come

down. This will make for better ingress/egress to remainder of the buildings and site. They have also received

the Demolition permit from the Village of Canajoharie and are in the process of interviewing Absbetos

Abatement contractors.

MCIDA 01.09.14 2

Mr. Rose discussed the Soodal property option for the Florida Business Park Extension and stated that the Town

of Florida Town Board will be looking to take final action on the Agency’s rezoning request to Industrial

Business Park.

Mr. Rose reviewed the START UP NY program. He indicated that the Florida Business Park Extension has been

proposed as a possible START UP NY site but cautioned the Board that the plan submitted by FMCC would need

to be approved by various entities including the jurisdictions within which a proposed site is located.

IX. New Business –

A. Annual Board of Directors Evaluation

Mr. Rose distributed the Annual Board of Directors Evaluation report which is a requirement of PAAA and

will need to be compiled and reviewed by the Governance Committee for February’s meeting.

B. Financial Disclosures

In regard to agenda items A & B, Mr. Rose asked Board Members to fill out the Evaluation and Financial

Disclosure Forms and return them as soon as possible.

C. County Administrative Services – Action Item –

The following resolution was offered by Carol Shineman, seconded by John McGlone, to wit:

RESOLUTION AUTHORIZING MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT

AGENCY CHAIRMAN TO SIGN AND ENTER INTO CONTRACT FOR ADMINISTRATIVE

AND STAFF SUPPORT SERVICES, UPON COUNTY APPROVAL

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

John Macci VOTING Absent

Daniel Wilson VOTING Absent

John McGlone VOTING Yes

Robert Harris VOTING Yes


X. Adjournment

A motion was made by Daniel Wilson and seconded by Robert Harris to adjourn the meeting at 6:20 P.M.

Respectfully submitted,

__________________________________________

Jacki M. Meola

Economic Development Specialist

Attachments: Resolutions 14-02

MCIDA Res 14-02 1

A meeting of Montgomery County Industrial Development Agency (the “Agency”) was convened in public session at the offices of the Montgomery County Industrial Development Agency located at the Old County Courthouse, 9 Park Street, Fonda, New York on January 9, 2014. The meeting was called to order by the Chairman Hoefs and, upon roll being called, the following members of the Agency were: PRESENT: Robert Hoefs Chair Eugene Richards Vice Chair Carol Shineman Treasurer John McGlone Member Robert Harris Member ABSENT: John Macci Secretary Daniel Wilson Member THE FOLLOWING PERSONS WERE ALSO PRESENT: Kenneth F. Rose Chief Executive Officer Sheila Snell Chief Financial Officer Jacki Meola Ec. Dev. Specialist Christopher Martell, Esq. Counsel The following resolution was offered by Carol Shineman, seconded by John McGlone to wit:

Resolution No. 14-02

RESOLUTION AUTHORIZING MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY CHAIRMAN TO SIGN AND ENTER INTO CONTRACT FOR ADMINISTRATIVE AND STAFF SUPPORT SERVICES, UPON COUNTY APPROVAL WHEREAS, Montgomery County Industrial Development Agency (the “Agency”) is authorized and empowered by the provisions of chapter 1030 of Laws of 1969 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 furnished of industrial, manufacturing, warehouse, commercial, research, recreation and civic

MCIDA Res 14-02 2

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 Industrial Development Agency is desirous of retaining the Montgomery County Economic Development Department for administrative and staff support services per the attached contract and scope of services, RESOLVED, that Montgomery County Industrial Development Agency, following review and approval by the Agency Attorney, hereby authorizes the Chairman to sign and enter into a contract with Montgomery County for administrative and support services for a period of January 1, 2014 to December 31, 2014. FURTHER RESOLVED, the amount set for this service will be $17,500. The question of the adoption of the foregoing resolution was duly put to a vote upon roll call, which resulted as follows: Robert Hoefs VOTING YES Eugene Richards VOTING YES Carol Shineman VOTING YES John Macci VOTING ABSENT Daniel Wilson VOTING ABSENT John McGlone VOTING YES Robert Harris VOTING YES The foregoing Resolution No. 14-02 was thereupon declared duly adopted.

MCIDA Res 14-02 3

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 January 9, 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 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 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 9th day of January, 2014.


(SEAL)

> From: [email protected] [mailto:[email protected]] > Sent: Saturday, February 01, 2014 8:31 AM > To: Ken Rose > Subject: unsafe tree stands on canal view? > > Kenneth, > > Please see the attached tree stand location map and tree stand images. I have permission to hunt on property adjacent to the Canal View and often encounter hunters trespassing onto the property from the Canal View Industrial Park property. I recently toured a small portion of the Canal View property and was shocked to find multiple unsafe tree stand locations. Hunters are driving spikes into a dead tree at location 1 to climb 15-20 ft to a tree stand location (the tree stand has been removed but the spikes and some hooks remain in the tree). This person is actually climbing the tree using these spikes, some of which are bent from being over-loaded. At location 2, there is a wire mesh platform that is strapped to the tree and being held up by an old section of aluminum ladder. This hunter has twine securing the platform to the top of the ladder to hold it all together. Location 3 is a large wooden platform that is nailed to several trees with a ground blind on top of the platform. These trees move independently in the wind and I can't image the nails staying in place to support the platform. The last stand, at location 4, is a ladder type tree stand that actually looks purchased. The strap holding the stand to the tree is one of those cheap ratchet strap that you'd buy from someplace like Harbor Freight - definitely NOT something of quality that should be supporting someone's weight. If the hunters using these tree stand locations feel safe - I question their judgment and doubt they're responsible enough to use the appropriate safety harness system to avoid injury either. I'm bringing this to your attention because I don't want to see anyone injured or killed by the use of these tree stands and, as a tax payer, I don't wish to be liable for their injuries by ignoring this problem. At a minimum, I would think if tree stands are permitted on Canal View property, they would be required to meet Tree Stand Manufacturer's certified safety standards and only use equipment designed for tree stand applications. Please note, I only toured a small portion of the property - I'm sure there are other tree stand locations that I didn't encounter. If you'd like to further discuss this matter, please feel free to call me at 842-7538. > > thanks for your support, in advance, in resolving this matter, > > Paul Pranys > 224 Florida Ave. > Amsterdam, NY 12010 > > "The only thing that stops a bad guy with a gun - is a good guy with a gun!" > Proud Member of the NRA >

mailto:[email protected]:[email protected]

Canal View Unsafe Tree Stand Locations

1

3

2

4

Location 1 – Spikes in Tree (Stand is

removed)

Hooks illustrate tree stand height

Hooks screwed into tree

where stand was located

Location 1 – Close up view (note bent spikes!)

Location 2 – Mesh platform

held up by ladder

Location 2 - Close up view (note

twine holding platform to ladder!)

Location 3 – Wooden Platform nailed

to trees with blind on it

Location 3 – Distance

view to illustrate height

Locations 4 – Ladder stand with

cheap ratchet strap holding it up

Property Description Transaction Type

Purchaser/

Seller

Est. Fair

Market

Value

Fair Market

Description

Purchase/

Sale Price

NONE

Property Description Transaction Type

Purchaser/

Seller

Est. Fair

Market

Value

Fair Market

Description

Purchase/

Sale Price

NONE

Property Description SBL#

Property

Size

Property

Address

Florida Business Park 38.-1-13.2 7.4 acres Route 5S, Florida

Florida Business Park 54-1-20.1 41.90 acres Route 5S, Florida



Florida Business Park 54-1-21.2 120 acres Route 5S, Florida







Florida Business Park 54-1-61 1.2 acres Route 5S, Florida

Florida Business Park Ext. 54-2-2.2 26.7 acres Route 5S, Florida

Florida Business Park Ext. 54-2-2.3 60.9 acres Route 5S, Florida

Glen Canal View Business Park 52-4-1.1 4.1 acres Route 5S, Glen




Glen Canal View Business Park 52-4-03.3 14 acres Route 5S, Glen



Real Property Inventory

Year Ending 12/31/2013


Real Property Transaction Summary



Personal Property Transaction Summary


MCIDA Res 14-04 1

A meeting of Montgomery County Industrial Development Agency (the “Agency”) was convened in public session at the offices of the Montgomery County Industrial Development Agency located at the Old County Courthouse, 9 Park Street, Fonda, New York on Thursday, February 13, 2014 at 4:30 P.M. The meeting was called to order by the Chair 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 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 A. Joseph Scott, Esq. Agency Counsel

The following resolution was offered by ____________, seconded by ___________, to wit:

Resolution No. 14-04 RESOLUTION AUTHORIZING LICENSE AGREEMENT FOR FARMING-FLORIDA PARK EXTENSION

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 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 owns approximately 87 acres of land commonly known as the Florida Park Extension (the “Land”); and

MCIDA Res 14-04 2

WHEREAS, prior to the Agency’s purchase of the Land, the Land was used for farming purposes; and WHEREAS, the Agency had a license agreement with Carl Gottier authorizing him to farm said property; and WHEREAS, Carl Gottier no longer wishes to farm said property; and WHEREAS, the Agency has been approached by Jamie Gasner to continue farming said Land through a “License Agreement” with the Agency, and

WHEREAS, pursuant to Article 8 of the Environmental Conservation Law,

Chapter 43-B of the Consolidated Laws of New York, as amended (the “SEQR Act”) and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York, being 6 NYCRR Part 617, as amended (the “Regulations” and collectively with the SEQR Act, “SEQRA”), the Agency must satisfy the requirements contained in SEQRA prior to making a final determination whether to proceed with the Assignment; and

WHEREAS, pursuant to SEQRA, the Agency has examined the Assignment in

order to make a determination as to whether the Assignment is subject to SEQRA, and it appears that the Assignment constitutes a Type II action under SEQRA;

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF

MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY AS FOLLOWS:

Section 1. Based upon an examination of the License Agreement, the Agency hereby makes the following determinations:

(A) The License Agreement (and the farming to be done under the License

Agreement) constitutes a “Type II action” pursuant to 6 NYCRR 617.5(c)(3) and (26), and therefore that, pursuant to 6 NYCRR 617.6(a)(1)(i), the Agency has no further responsibilities under SEQRA with respect to the License Agreement;

(B) 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

(C) Entering into the License Agreement 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. In consequence of the foregoing, the Agency hereby wishes to

execute and deliver said License Agreement (in a form approved by Agency Counsel). 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

MCIDA Res 14-04 3

and things required or provided for by the provisions of this Resolution, and to execute and deliver all such 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 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.

The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Robert Hoefs Chairman Eugene Richards Vice Chairman Carol Shineman Treasurer John Macci Secretary Daniel Wilson Member John McGlone Member Robert Harris Member


MCIDA Res 14-04 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 February 13, 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 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 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 13th day of February, 2014.


(SEAL)

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