TOWN OF HEMPSTEAD INDUSTRIAL DEVELOPMENT AGENCY
BOARD MEETING, DECEMBER 15, 2010, 10:00 a.m.
OLD COURTHOUSE, 350 FRONT STREET, HEMPSTEAD
Luncheon Meeting 12:30 p.m. Ruth’s Chris Garden City

Agenda: Consideration of an Inducement Resolution of Optimum Solutions Corporation, 
Consent request for substitution of the Subleasee, Estoppel certificate, subordination and exemption for East Meadow A.L. LLC/Sunrise of East Meadow Facility – 10:15 a.m. presentation, Consideration of an amended resolution to change the name of West Hempstead Development LLC to West Hempstead Station LLC, Executive Directors Report, Discussion of 5th Avenue Chocolate PILOT, Update on Continuation of Benefits for JDM Long Island LLC, 175 Fulton Avenue, Hempstead, New York, Consideration of a resolution authorizing staff and members to attend NYSEDC IDA Section Meeting in Albany, January 19-20, 2011, Adoption of Confidential Board Member Evaluation form as presented by the Governance Committee,  Consideration of a Resolution to change the December Meeting, Consideration of a Resolution to enter into an agreement with Tom Conoscenti Associates RE: Cost Benefit Analysis, Consideration of a Resolution to renew the Agency’s members with the NYSEDC for 2011,  Consideration of a Resolution to authorize IDA staff and board members to attend LIBDC meetings in 2011, Consideration of a Resolution to adopt 2011 Meeting dates, Consideration of a Resolution continuing Gene Turner’s contract for January 1, 2011 – December 31, 2011, Consideration and Adoption of the Minutes of November 17, 2010, Consideration of Acceptance of Final Environmental Impact Statement for Covanta Hempstead 4th Boiler, Treasurer’s Report, Consideration of a Resolution authorizing budget line transfers for 2010, Committee Reports.

Those in attendance: 	Ted Sasso, Chairman
			Paul Conte, Vice Chairman
			Jonathan Kohan, Treasurer
Al D’Agostino, Secretary 
Ari Brown, Member
			Danny Grodotzke, Member

Also in attendance:	William F. Weir, Nixon Peabody
			Ruth E. Leistensnider, Nixon Peabody			
Frederick E. Parola, Executive Director/CEO
Edie M. Longo, Deputy Executive Director/CFO
Lorraine Rhoads, Agency Administrator
                                    Arlyn Eames, Deputy Financial Officer
			Michael Lodato, Deputy Agency Administrator                        
Gene Turner, Consultant

Absent:		John E. Ryan, Agency Counsel	
						
The meeting was called to order at 10:07 a.m.

(Al D’Agostino was recused from the following matter and left the meeting room.)

Optimum Solutions Corporation: Michael Kerr from Optimum Solutions Corporation had made a presentation to the Board at the meeting on November 17, 2010 on their plans for the expansion and relocation of their computer survey and software development company.  The project includes the construction of a two-three story, 18,600 square foot building with parking, located at 148-154 East Sunrise Highway, in the Village of Valley Stream. This property is vacant land currently. Required approvals have been received from the Village. The company is seeking a PILOT Agreement, Sales Tax Exemption, and Mortgage Recording Tax Exemption.  Ted Sasso made a motion to induce this project. This motion was seconded by Jonathan Kohan.  All were in favor.  Motion carried.

(Al D’Agostino returned to the meeting room.)

East Meadow A.L. LLC/Sunrise of East Meadow Facility: Anthony Barton of Forchelli, Curto, Deegan, Schwartz, Mineo, Cohn & Terrana, LLP, explained to the Board that the company is replacing its current equity partner, increasing their its equity stake, and refinancing with a new mortgage of approximately 35,000.00.  Jonathan Kohan made a motion to consent to the company’s request for substitution of the subleasee, estoppel certificate, and subordination and exemption. This motion was seconded by Al D’Agostino.  All were in favor.  Motion carried.

(Al D’Agostino was recused from the following matter and left the meeting room.)

West Hempstead Development LLC: An authorizing resolution was adopted last year for this project located at 130 Hempstead Avenue, West Hempstead.  The proposed project is for the acquisition and construction of a residential housing facility with parking.  Bill Weir explained to the Board that, due to financial re-structuring, the company has requested to change the name of the project from West Hempstead Development LLC to West Hempstead Station LLC.  Jonathan Kohan made a motion to adopt a resolution allowing for the name change. This motion was seconded by Ted Sasso.  All were in favor.  Motion carried.

(Al D’Agostino returned to the meeting room.)

Executive Directors Report:  The Board was furnished with a copy of the Executive Director’s Report.  Edie Longo updated the Board on the progress of several projects, and advised the Board that two projects, West Hempstead Development and Millennium Realty, were tentatively expected to close in January 2011.

5th Avenue Chocolatiere: This item was tabled until the January 2011Board meeting.  

JDM Long Island:  Bill Weir updated the Board on the status of the JDM Long Island property located at 175 Fulton Avenue, Hempstead.  The Moinian Group is in foreclosure and restructuring.  The Board will be updated at the January 2011 meeting.

NYSEDC IDA Section Meeting: Ted Sasso made a motion to authorize staff and Board members to attend the NYSEDC IDA Section meeting in Albany on January 19-20, 2011.  This motion was seconded by Ari Brown.  All were in favor.  Motion carried.  Edie Longo asked Board members to notify the Agency as soon as possible if they were planning to attend.

Confidential Board Member Evaluations: Ari Brown made a motion to adopt the Confidential Board Member Evaluation form as presented by the Governance Committee. This motion was seconded by Al D’Agostino.  All were in favor.  Motion carried.

December Meeting Change: Ted Sasso made a motion to change the December 15, 2010 meeting to 10 a.m. in the Old Courthouse, 350 Front Street, 2nd floor, Hempstead, NY, followed by a luncheon meeting at 12:30pm at Ruth’s Chris, 600 Old Country Road, Garden City, NY.  This motion was seconded by Ari Brown.  All were in favor.  Motion carried.

Tom Conoscenti Associates / Cost Benefit Analysis: This item was tabled until the January 2011 Board Meeting.

NYSEDC Membership for 2011: Ted Sasso made a motion to renew the IDA/LDC membership with the NYSEDC for 2011. This motion was seconded by Al D’Agostino.  All were in favor.  Motion carried.

LIBDC meetings in 2011: Jonathan Kohan made a motion to authorize staff and Board members to attend LIBDC meetings in 2011. This motion was seconded by Al D’Agostino.  All were in favor.  Motion carried.

2011 Meeting Dates: Ted Sasso made a motion to adopt the 2011 Meeting Dates. This motion was seconded by Al D’Agostino.  All were in favor.  Motion carried.

Gene Turner contract: Al D’Agostino made a motion to adopt a resolution to continue Gene Turner’s consulting contract from January 1, 2011 to December 31, 2011. This motion was seconded by Jonathan Kohan.  All were in favor.  Motion carried.

Paul Conte arrived at the meeting at 10:20 a.m.

Minutes:  Ari Brown mad a motion to adopt the Minutes of November 17, 2010.  This motion was seconded by Al D’Agostino.  All were in favor.  Motion carried.

Fred Parola arrived at the meeting at 10:30 a.m.

Covanta Hempstead 4th Boiler FEIS:  Ruth Leistensnider presented the Board with the Final Environmental Impact Statement prepared by Nixon Peabody for the Covanta Hempstead 4th Boiler.  After a discussion, both John Waffenschmidt from Covanta and Ruth Leistensnider responded to questions from Board members.  Covanta has agreed to a covenant prohibiting use of the railroad in connection with plant operations. Various Villages expressed their desire to be named as beneficiaries/parties.  Jonathan Kohan made a motion to adopt the statement as presented. This motion was seconded by Ari Brown.  All were in favor.  Motion carried.

Report of the Treasurer:  The Board was furnished with copies of the Financial Statements and Expenditure List for November 17, 2010 through December 14, 2010.

2010 Budget line transfers:  Jonathan Kohan made a motion to authorize the budget line transfers as presented. This motion was seconded by Ted Sasso.  All were in favor.  Motion carried.

With all business concluded, Ari Brown made a motion to close the meeting at 10:50 a.m..  This motion was seconded by Paul Conte.  All were in favor.  Motion carried.

The meeting was re-convened at 10:55 a.m..

Art Gipson, Business Agent for the UA Plumbers Union Local 200, addressed the Board with his concerns that Avalon Bay may be circumventing compliance with local labor practices.  Fred Parola recommended to the Board that the matter be investigated and that, if Avalon Bay does not provide proof that they are in compliance, it be prepared to have its benefits through the IDA terminated.   

With all business concluded, Ted Sasso made a motion to close the meeting at 10:57 a.m..  This motion was seconded by Al D’Agostino.  All were in favor.  Motion carried.

 
________________________________________
Al D’Agostino 
December 15, 2010