NEW YORK STATE URBAN DEVELOPMENT CORPORATION · Edwin Lee, Senior Project Manager – Loans and...
Transcript of NEW YORK STATE URBAN DEVELOPMENT CORPORATION · Edwin Lee, Senior Project Manager – Loans and...
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NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a Empire State Development Corporation Meeting of the Directors 633 Third Avenue 37th Floor Conference Room New York, New York 10017 and Buffalo Regional Office 95 Perry Street Buffalo, New York 14203 April 26, 2011
MINUTES
In Attendance Directors: Kenneth Adams – Acting Chair Derrick Cephas Kevin S. Corbett Robert Dyson Richard Neiman - Superintendent – New York State Department of Banking ESD Officers: Peter Davidson, Executive Director Leecia Eve, Senior Vice President - Legal and General Counsel
Robert Godley, Treasurer Warner Johnston, Vice President – Public Affairs Edwin Lee, Senior Project Manager – Loans and Grants Sheri Lippowitsch, Vice President – Loans and Grants Eileen McEvoy, Corporate Secretary Kathleen Mize, Controller Juanita Scarlett, Executive Vice President – Strategy, Policy and Public Affairs Susan Shaffer, Vice President – Loans and Grants Frances A. Walton, Chief Financial and Administrative Officer
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Also Present Julie Shimer, ESD Chair - Designate Dennis Mehiel, ESD Director - Designate Stephen Gawlik, Deputy General Counsel – Buffalo Regional Office Timothy Gilchrist, President – Moynihan Station Development Corporation
Kenneth Schoetz, Senior Vice President – Regional Offices The Public The Press The Media
The meeting of the Directors of the New York State Urban Development Corporation
(“UDC”) d/b/a Empire State Development Corporation (“ESD” or the “Corporation”) was called
to order at 1:10 p.m. by Acting Chairman Adams. It was noted for the record that the time and
place of the meeting had been given in compliance with the New York State Open Meetings
Law.
The Acting Chairman then noted that Ms. Julie Shimer, ESD’s Chair-Designate, was
joining the meeting via telephone.
Next, Mr. Adams set forth the guidelines regarding comments by the public on matters
on the Agenda.
Mr. Adams then asked the Directors to approve the Minutes of the March 23, 2011
Directors’ meeting. There being no changes or corrections, upon motion duly made and
seconded, the following resolution was unanimously adopted:
13029. APPROVAL OF MINUTES AND RATIFICATION OF ACTIONS TAKEN AT THE MARCH
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23, 2011 MEETING OF THE DIRECTORS OF THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION
RESOLVED, that the Minutes of the meeting of the Corporation held on March 23, 2011, as presented to this meeting, are hereby approved and all actions taken by the Directors presented at such meeting as set forth in such Minutes, are hereby in all respects ratified and approved as actions of the Corporation.
* * *
Mr. Adams then asked the Directors to approve the adoption of ESD’s revised Mission
Statement and Performance Measures. Mr. Adams provided the relevant background
information with regard to this request noting, in part, the Corporation’s economic
development accomplishments for the last reporting period, fiscal year 2011. Following the full
presentation, Mr. Adams called for questions or comments. Director Corbett stated that it is
consistent with ESD’s mission all along, and that it assists in sharpening the focus on the
accountability to external people. Mr. Adams expressed his agreement noting that many of
these benchmarks will be posted to ESD’s website illustrating transparency and accountability.
There being no further questions or comments, and upon motion duly made and
seconded, the following resolution was unanimously adopted:
13030. NEW YORK STATE URBAN DEVELOPMENT CORPORATION - Acceptance of Annual
Performance Measurement Report for FY 2010 – 2011; Adoption of Revised Mission Statement and Performance Measures; Authorization to Take Related Actions
BE IT RESOLVED, that on the basis of the materials presented to this meeting, a copy of which is ordered filed with the records of the Corporation (the “Materials”), the annual performance measurement report for FY 2010 – 2011 be and it hereby is accepted; and be it further
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RESOLVED, that the following revised Mission Statement by and the same hereby is adopted: The mission of Empire State Development is to promote business investment and growth that leads to job creation and prosperous communities across New York State. And be it further RESOLVED, that the following revised Performance Measures be and the same hereby are adopted:
Customers served: number and types (private, public, not-for-profit); size of entity by number of employees; MWB status
Financing provided and leveraged: amounts of ESD support, other public support, private investment
Jobs projected to be retained and created
Regional and industry breakdowns of assistance, jobs retained and created, and leveraged investment.
And be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized and directed to post all of the above-referenced documents on the website of the Corporation, to file all such documents with the Authorities Budget Office in accordance with the requirements of the Public Authorities Accountability Act, as amended, and to take any and all such other actions as may be necessary or proper in connection with the foregoing.
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Ms. Eve then asked the Directors to take various actions in connection with certain ESD
Committees. Specifically, Ms. Eve asked the Directors to approve the appointment of
Mr. Kenneth Adams to ESD’s Bond Finance Committee, as well as to its Audit and Budget
Committee. Ms. Eve provided an outline of the duties of both the Bond Finance Committee
and the Audit and Budget Committee.
Ms. Eve also asked the Directors to approve the establishment of a Governance
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Committee. Ms. Eve outlined the duties of this Committee and further requested that the
Directors approve the appointment of Mr. Adams, Ms. Miller and Mr. Cephas to serve as
members of that Committee.
Following the full presentation, Mr. Adams called for questions or comments.
Director Corbett, commenting with regard to the meeting under the recent transition team,
noted that the ability of the Directors to communicate with ESD and vice versa is a significant
improvement. Mr. Adams thanked Director Corbett for this comment and noted that Warner
Johnston and Lisa Willner were responsible for implementing this improvement.
There being no further questions or comments, and upon motion duly made and
seconded, the following resolution was unanimously adopted:
13031. NEW YORK STATE URBAN DEVELOPMENT CORPORATION - Appointment of
Directors to the Bond Financing Committee; Appointment of Directors to the Audit and Budget Committee; Creation of a Governance Committee and Appointment of Directors thereto
BE IT RESOLVED, that on the basis of the materials presented to this meeting, a copy of which is ordered filed with the records of the Corporation, Mr. Kenneth Adams is hereby appointed to the Bond Financing Committee of the Corporation, effective immediately and until his resignation or removal as Director of the Corporation; and be it further RESOLVED, that Mr. Kenneth Adams is hereby appointed to the Audit and Budget Committee of the Corporation, effective immediately and until his resignation or removal as Director of the Corporation; and be it further RESOLVED, that there is hereby established a Governance Committee of Directors whose duty is to: keep the Directors of the Corporation informed of current best governance practices; review corporate governance trends; recommend updates to the Corporation’s governance principles; advise appointing authorities on the skills and experiences required of potential
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board members; examine ethical and conflict of interest issues; perform board self-evaluations; and recommend bylaws which include rules and procedures for the conduct of board business (the “Governance Committee”); and be it further RESOLVED, that the following individuals are hereby appointed to the Governance Committee of the Corporation, effective immediately and until their resignations or removals as Directors of the Corporation: Mr. Kenneth Adams, Ms. Joyce L. Miller and Mr. Derrick D. Cephas.
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Acting Chair Adams then noted that Dennis Mehiel had joined the meeting. Acting
Chair Adams further noted that pending Senate confirmation, Mr. Mehiel would be joining ESD
as a Director.
Mr. Dorado then asked the Directors to adopt a procurement protest procedure that
provides a fair, efficient and expeditious process for protesting ESD procurements.
Following Mr. Dorado’s full presentation, Mr. Adams called for questions or comments.
Hearing none, and upon motion duly made and seconded, the following resolution was
unanimously adopted:
13032. Procurement - Adoption of an Administrative Remedy for Protesting Procurement Decisions of the New York State Urban Development Corporation d/b/a Empire State Development (“ESD” or the “Corporation”); and Authorization to Take Related Actions
BE IT RESOLVED, that on the basis of the materials presented to this meeting, a copy of which is hereby ordered to be filed with the records of the Corporation (the “Materials”), the Procurement Protest Procedure, a copy of which is attached to the Materials, be and hereby is approved and adopted, effective as of the date hereof, and the President or his designee is authorized to take such other and further action as may be deemed necessary to effectuate the
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foregoing Resolution.
* * * Following the adoption of the foregoing resolution, Director Dyson asked if any such
procedure existed prior to this. He was informed that such procedure did not exist prior to this
because it was not previously required that a procedure be in place.
Next, Mr. Sosa asked the Directors to authorize ESD to enter into a contract with Konica
Minolta Business Solutions for copier services.
Following Mr. Sosa’s full presentation of the proposed request, Mr. Adams called for
questions or comments. Hearing none, and upon motion duly made and seconded, the
following resolution was unanimously adopted:
13033. EMPIRE STATE DEVELOPMENT CORPORATION – Authorization to Enter Into a
Contract with Konica Minolta Business Solutions USA to provide Copier Services and to Take Related Actions
BE IT RESOLVED, that upon the basis of the materials presented to this meeting (the “Materials”), a copy of which is hereby ordered filed with the records of the Corporation, the Corporation hereby finds Konica Minolta Business Solutions USA to be responsible; and be it further RESOLVED, that the Corporation is hereby authorized to enter into a contract with Konica Minolta Business Solutions USA in an amount not to exceed nineteen thousand five hundred sixty eight dollars ($19,568) and a term not to exceed five (5) years for the purposes and services, and substantially on the terms and conditions, set forth in the Materials; and be it further RESOLVED, that the President of the Corporation or his designee be, and each of them hereby is, authorized to take such action and execute such documents as may be necessary or
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appropriate to carry out the foregoing resolution.
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Mr. Gilchrist then asked the Directors to authorize the Corporation to place insurance
policies with certain specified insurance companies for the Farley Post Office Building and
Annex in Manhattan for the period of April 1, 2011 through March 31, 2012 at an annual
premium of $722,866.61.
Following Mr. Gilchrist’s detailed presentation, Mr. Adams called for questions or
comments. Hearing none, and upon motion duly made and seconded, the following resolution
was unanimously adopted:
13034. New York (New York County) - Moynihan Station Civic and Land Use
Improvement Project - Insurance for the James A. Farley Post Office Building and Annex - Authorization to Place Insurance Policies with Pacific Indemnity Company (Chubb Group) and Travelers Excess & Surplus Lines Company (Travelers Group); and to Take Related Actions
RESOLVED, that in accordance with the materials presented to this meeting, a copy of which is hereby ordered filed with the records of the Corporation (the “Materials”), the Corporation hereby finds Cool Insuring Agency, Inc. to be responsible; and be it further RESOLVED that, in accordance with the Materials, the Chief Executive Officer – Designate or Other Officer of the Corporation, or their designee(s), are hereby authorized, in the name and on behalf of ESDC, to enter into all contracts, agreements, and instruments necessary or appropriate in connection with the placement of insurance for the James A Farley Post Office Building and Annex with Pacific Indemnity Company (Chubb Group) and Travelers Excess & Surplus Lines Company (Travelers Group); and be it further RESOLVED that the total annual cost of such insurance shall not exceed $722,866.61; and be it further RESOLVED that all actions heretofore taken on behalf of ESDC in regard to the replacement of
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the foregoing insurance policies are hereby approved, ratified, and confirmed.
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Mr. Gawlik then asked the Directors to authorize ESD to transfer funds to its subsidiary,
the Erie Canal Harbor Development Corporation (“ECHDC”). Mr. Gawlik explained that the
requested $2,000,000 in funds represent money remaining from ESD’s $48 million Buffalo Inner
Harbor Civic Project.
Mr. Gawlik explained that the project was started by ESD prior to the incorporation of
ECHDC in 2005 and included construction of the Naval Servicesman’s Park and Museum, a re-
watering of the commercial strip and the construction of a boardwalk along the Buffalo River.
Mr. Gawlik added that ECHDC is tasked with the redevelopment of Buffalo’s Waterfront
and that the Corporation plans on using the remaining funds on easements within that original
area.
Following Mr. Gawlik’s full presentation, Mr. Adams called for questions or comments.
Hearing none, and upon motion duly made and seconded, the following resolution was
unanimously adopted:
13035. Buffalo (Erie County) – Buffalo Inner Harbor Civic Project - Authorization to
Transfer Funds to Subsidiary; Authorization to Take Related Actions
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RESOLVED, that the Corporation is hereby authorized to transfer all remaining unexpended Inner Harbor Funds and interest earnings, as defined in the materials presented to this meeting, anticipated to total approximately two million dollars ($2,000,000), to the Erie Canal Harbor Development Corporation; and be it further RESOLVED, that the President of the Corporation or his designee may enter into such agreements and take any and all related actions necessary or appropriate to implement the foregoing resolution.
* * * Mr. Adams then asked Mr. Lee to present the Discretionary Project items on the
Agenda.
Mr. Lee presented items eight through 13 as referenced on the meeting agenda. Mr.
Lee provided a brief synopsis of each of the items to be considered by the Directors noting
overall that the Directors are being requested to approve six grants totaling $4,286,000. He
added that these projects will leverage over $216 million in additional investments and will
assist in retaining or maintaining 1,433 jobs and in creating approximately 552 jobs across New
York State.
Following Mr. Lee’s full presentation, Mr. Adams called for questions and comments
from the Directors and from the Public.
Hearing none, and upon motion duly made and seconded, the following resolution was
unanimously adopted:
13036. Syracuse (Onondaga County) – Washington/Walton Real Estate Company Capital
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– Urban and Community Development Program – Urban and Community Project Development Assistance (Capital Grant and Capital Loan) – Findings and Determinations Pursuant to Sections 5(4), 16(d) and 10(g) of the Act; Authorization to Adopt the Proposed General Project Plan; Authorization to Make a Loan and a Grant and to Take Related Actions
RESOLVED, that on the basis of the materials presented to this meeting, a copy of which is hereby ordered filed with the records of the Corporation, relating to the Washington/Walton Real Estate Company Capital – Urban and Community Development Program – Urban and Community Project Development Assistance (Capital Grant and Capital Loan) Project (the “Project”), the Corporation hereby determines pursuant to Section 10 (g) of the New York State Urban Development Corporation Act of 1968, as amended (the “Act”), that there are no families or individuals to be displaced from the project area; and be it further RESOLVED, that the Corporation does hereby adopt, subject to the requirements of Section 16(2) of the Act, the proposed General Project Plan (the “Plan”) for the Project submitted to this meeting, together with such changes therein as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, a copy of which Plan, together with such changes, is hereby ordered filed with the records of the Corporation; and be it further RESOLVED, that upon written finding of the President and Chief Executive Officer of the Corporation or his designee(s) that no substantive negative testimony or comment has been received at the public hearing held on the Plan, such Plan shall be effective at the conclusion of such hearing, and that upon such written finding being made the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized to make to Washington/Walton Real Estate Company, Inc., a loan for a total amount not to exceed Two Million Dollars ($2,000,000) and a grant for a total amount not to exceed One Million Dollars ($1,000,000) from the Urban and Community Development Program, for the purposes, and substantially on the terms and conditions, set forth in the materials presented to this meeting, with such changes as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, subject to the availability of funds and the approval of the State Division of the Budget; and be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, subsequent to the making of the loan and grant, and each of them hereby is, authorized to take such actions and make such modifications to the terms of the loan or grant or collateral securing the loan as he or she may deem necessary or appropriate in the administration of the loan and grant; and be it further RESOLVED, that the provision of ESD financial assistance is expressly contingent upon: (1) the approval of the Public Authorities Control Board, if applicable, and (2) receipt of all other necessary approvals; and be it further
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RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized in the name and on behalf of the Corporation to execute and deliver any and all documents and to take all actions as he or she may in his or her sole discretion consider to be necessary or proper to effectuate the foregoing resolutions.
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13037. Syracuse (Onondaga County) – Washington/Walton Real Estate Company Capital
– Urban and Community Development Program – Urban and Community Project Development Assistance (Capital Grant and Capital Loan) – Determination of No Significant Effect on the Environment
RESOLVED, that based on the material submitted to the Directors with respect to the Washington/Walton Real Estate Company Capital Project, the Corporation hereby determines that the proposed action will not have a significant effect on the environment.
* * * 13038. New York (New York County) – New York Public Library Capital – Downstate
Revitalization Fund – Business Investment (Capital Grant) – Findings and Determinations Pursuant to Sections 16-r and 10 (g) of the Act; Authorization to Make a Grant and to Take Related Actions
RESOLVED, that on the basis of the materials presented to this meeting, a copy of which is hereby ordered filed with the records of the Corporation, relating to the New York Public Library Capital – Downstate Revitalization Fund – Business Investment (Capital Grant) Project (the “Project”), the Corporation hereby determines pursuant to Section 10 (g) of the New York State Urban Development Corporation Act of 1968, as amended (the “Act”), that there are no families or individuals to be displaced from the project area; and be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, subsequent to the making of the grant, and each of them hereby is, authorized to take such actions and make such modifications to the terms of the grant as he or she may deem necessary or appropriate in the administration of the grant; and be it further RESOLVED, that the provision of ESD financial assistance is expressly contingent upon: (1) the approval of the Public Authorities Control Board, if applicable, and (2) receipt of all other necessary approvals; and be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s)
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be, and each of them hereby is, authorized in the name and on behalf of the Corporation to execute and deliver any and all documents and to take all actions as he or she may in his or her sole discretion consider to be necessary or proper to effectuate the foregoing resolutions.
* * * 13039. Lakewood (Chautauqua County) – Cummins Capital – Empire State Economic
Development Fund – General Development Financing (Capital Grant) – Findings and Determinations Pursuant to Sections 16-m and 10 (g) of the Act; Authorization to Adopt the Proposed General Project Plan; Authorization to Make a Grant and to Take Related Actions
RESOLVED, that on the basis of the materials presented to this meeting, a copy of which is hereby ordered filed with the records of the Corporation, relating to the Cummins Capital – Empire State Economic Development Fund – General Development Financing (Capital Grant) Project (the “Project”), the Corporation hereby determines pursuant to Sections 16-m and 10 (g) of the New York State Urban Development Corporation Act of 1968, as amended (the “Act”), that 1. The proposed project would promote the economic health of New York State by facilitating the creation or retention of jobs or would increase activity within a municipality or region of the state or would enhance or help to maintain the economic viability of family farms; 2. The project would be unlikely to take place in New York State without the requested assistance; 3. The project is reasonably likely to accomplish its stated objectives and that the likely benefits of the project exceed costs; 4. There are no families or individuals to be displaced from the project area; and be it further RESOLVED, that upon written finding of the President and Chief Executive Officer of the Corporation or his designee(s) that no substantive negative testimony or comment has been received at the public hearing held on the Plan, such Plan shall be effective at the conclusion of such hearing, and that upon such written finding being made, the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized to make to Cummins Inc. a grant for a total amount not to exceed One Million Dollars ($1,000,000) from the Empire State Economic Development Fund, for the purposes, and substantially on the terms and conditions, set forth in the materials presented to this meeting, with such changes as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, subject to the availability of funds and the approval of the State Division of the
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Budget; and be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, subsequent to the making of the grant, and each of them hereby is, authorized to take such actions and make such modifications to the terms of the grant as he or she may deem necessary or appropriate in the administration of the grant; and be it further RESOLVED, that the provision of ESD financial assistance is expressly contingent upon: (1) the approval of the Public Authorities Control Board, if applicable, and (2) receipt of all other necessary approvals; and be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized in the name and on behalf of the Corporation to execute and deliver any and all documents and to take all actions as he or she may in his or her sole discretion consider to be necessary or proper to effectuate the foregoing resolutions.
* * * 13040. Conklin (Broome County) – Impress USA Capital – Empire State Economic
Development Fund – General Development Financing (Capital Grant) – Findings and Determinations Pursuant to Sections 16-m and 10 (g) of the Act; Authorization to Adopt the Proposed General Project Plan; Authorization to Make a Grant and to Take Related Actions
RESOLVED, that on the basis of the materials presented to this meeting, a copy of which is hereby ordered filed with the records of the Corporation, relating to the Impress USA Capital – Empire State Economic Development Fund – General Development Financing (Capital Grant) Project (the “Project”), the Corporation hereby determines pursuant to Sections 16-m and 10 (g) of the New York State Urban Development Corporation Act of 1968, as amended (the “Act”), that 1. The proposed project would promote the economic health of New York State by
facilitating the creation or retention of jobs or would increase activity within a municipality or region of the state or would enhance or help to maintain the economic viability of family farms;
2. The project would be unlikely to take place in New York State without the requested assistance;
3. The project is reasonably likely to accomplish its stated objectives and that the likely benefits of the project exceed costs;
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4. There are no families or individuals to be displaced from the project area; and be it further
RESOLVED, that the Corporation does hereby adopt, subject to the requirements of Section 16(2) of the Act, the proposed General Project Plan (the “Plan”) for the Project submitted to this meeting, together with such changes therein as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, a copy of which Plan, together with such changes, is hereby ordered filed with the records of the Corporation; and be it further RESOLVED, that upon written finding of the President and Chief Executive Officer of the Corporation or his designee(s) that no substantive negative testimony or comment has been received at the public hearing held on the Plan, such Plan shall be effective at the conclusion of such hearing, and that upon such written finding being made, the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized to make to Impress USA Inc., a grant for a total amount not to exceed Seven Hundred Fifty Thousand Dollars ($750,000) from the Empire State Economic Development Fund, for the purposes, and substantially on the terms and conditions, set forth in the materials presented to this meeting, with such changes as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, subject to the availability of funds and the approval of the State Division of the Budget; and be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, subsequent to the making of the grant, and each of them hereby is, authorized to take such actions and make such modifications to the terms of the grant as he or she may deem necessary or appropriate in the administration of the grant; and be it further RESOLVED, that the provision of ESD financial assistance is expressly contingent upon: (1) the approval of the Public Authorities Control Board, if applicable, and (2) receipt of all other necessary approvals; and be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized in the name and on behalf of the Corporation to execute and deliver any and all documents and to take all actions as he or she may in his or her sole discretion consider to be necessary or proper to effectuate the foregoing resolutions.
* * * 13041. Conklin (Broome County) – Impress USA Capital – Empire State Economic
Development Fund – General Development Financing (Capital Grant) – Determination of No Significant Effect on the Environment
RESOLVED, that based on the material submitted to the Directors with respect to the Impress
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USA Capital – Empire State Economic Development Fund – General Development Financing (Capital Grant) Project, the Corporation hereby determines that the proposed action will not have a significant effect on the environment.
* * * 13042. Solvay (Onondaga County) – Frazer & Jones Capital – Empire State Economic
Development Fund – General Development Financing (Capital Grant) – Findings and Determinations Pursuant to Sections 16-m and 10 (g) of the Act; Authorization to Adopt the Proposed General Project Plan; Authorization to Make a Grant and to Take Related Actions
RESOLVED, that on the basis of the materials presented to this meeting, a copy of which is hereby ordered filed with the records of the Corporation, relating to the Frazer & Jones Capital – Empire State Economic Development Fund – General Development Financing (Capital Grant) Project (the “Project”), the Corporation hereby determines pursuant to Sections 16-m and 10 (g) of the New York State Urban Development Corporation Act of 1968, as amended (the “Act”), that 1. The proposed project would promote the economic health of New York State by
facilitating the creation or retention of jobs or would increase activity within a municipality or region of the state or would enhance or help to maintain the economic viability of family farms;
2. The project would be unlikely to take place in New York State without the requested assistance;
3. The project is reasonably likely to accomplish its stated objectives and that the likely benefits of the project exceed costs;
4. There are no families or individuals to be displaced from the project area; and be it further
RESOLVED, that the Corporation does hereby adopt, subject to the requirements of Section 16(2) of the Act, the proposed General Project Plan (the “Plan”) for the Project submitted to this meeting, together with such changes therein as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, a copy of which Plan, together with such changes, is hereby ordered filed with the records of the Corporation; and be it further RESOLVED, that upon written finding of the President and Chief Executive Officer of the Corporation or his designee(s) that no substantive negative testimony or comment has been received at the public hearing held on the Plan, such Plan shall be effective at the conclusion of
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such hearing, and that upon such written finding being made, the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized to make to Frazer & Jones Company a grant for a total amount not to exceed Two Hundred Eighty-Six Thousand Dollars ($286,000) from the Empire State Economic Development Fund, for the purposes, and substantially on the terms and conditions, set forth in the materials presented to this meeting, with such changes as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, subject to the availability of funds and the approval of the State Division of the Budget; and be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, subsequent to the making of the grant, and each of them hereby is, authorized to take such actions and make such modifications to the terms of the grant as he or she may deem necessary or appropriate in the administration of the grant; and be it further RESOLVED, that the provision of ESD financial assistance is expressly contingent upon: (1) the approval of the Public Authorities Control Board, if applicable, and (2) receipt of all other necessary approvals; and be it further RESOLVED, that the President and Chief Executive Officer or his designee(s) be, and each of them hereby is, authorized in the name and on behalf of the Corporation to execute and deliver any and all documents and to take all actions as he or she may in his or her sole discretion consider to be necessary or proper to effectuate the foregoing resolutions.
* * * 13043. Solvay (Onondaga County) – Frazer & Jones Capital – Empire State Economic
Development Fund – General Development Financing (Capital Grant) – Determination of No Significant Effect on the Environment
RESOLVED, that based on the material submitted to the Directors with respect to the Frazer & Jones Capital Project, the Corporation hereby determines that the proposed action will not have a significant effect on the environment.
* * * 13044. Town of Dix (Schuyler County) – Watkins Glen International Racetrack Working
Capital – Empire State Economic Development Fund – General Development Financing (Working Capital) – Findings and Determinations Pursuant to Sections 16-m and 10 (g) of the Act; Authorization to Make a Grant and to Take Related Actions
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RESOLVED, that on the basis of the materials presented to this meeting, a copy of which is hereby ordered filed with the records of the Corporation, relating to the Watkins Glen International Racetrack Working Capital – Empire State Economic Development Fund – General Development Financing (Working Capital) Project (the “Project”), the Corporation hereby determines pursuant to Sections 16-m and 10 (g) of the New York State Urban Development Corporation Act of 1968, as amended (the “Act”), that 1. The proposed project would promote the economic health of New York State by
facilitating the creation or retention of jobs or would increase activity within a municipality or region of the state or would enhance or help to maintain the economic viability of family farms;
2. The project would be unlikely to take place in New York State without the requested assistance;
3. The project is reasonably likely to accomplish its stated objectives and that the likely benefits of the project exceed costs;
4. There are no families or individuals to be displaced from the project area; and be it further
RESOLVED, that the President and Chief Executive Officer or his designee(s) be, subsequent to the making of the grant, and each of them hereby is, authorized to take such actions and make such modifications to the terms of the grant as he or she may deem necessary or appropriate in the administration of the grant; and be it further RESOLVED, that the provision of ESD financial assistance is expressly contingent upon: (1) the approval of the Public Authorities Control Board, if applicable, and (2) receipt of all other necessary approvals; and be it further RESOLVED, that the President and Chief Executive Officer or his designee(s) be, and each of them hereby is, authorized in the name and on behalf of the Corporation to execute and deliver any and all documents and to take all actions as he or she may in his or her sole discretion consider to be necessary or proper to effectuate the foregoing resolutions.
* * * Mr. Lee then presented the April Discretionary Projects Consent Calendar for the
Directors consideration. Following this presentation, Mr. Adams called for questions or
comments. Hearing none, and upon motion duly made and seconded, the following resolution
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was unanimously adopted:
13045. Empire State Economic Development Fund – Findings and Determinations
Pursuant to Sections 16-m and 10(g) of the Act; Authorization to Adopt the Proposed General Project Plan; Authorization to Make a Grant and to Take Related Actions; Determination of No Significant Effect on the Environment
RESOLVED, that on the basis of the materials presented to this meeting, a copy of which is hereby ordered filed with the records of the Corporation, relating to the Empire State Economic Development Fund Projects identified below (the “Projects”), the Corporation hereby determines pursuant to Section 16-m of the New York State Urban Development Corporation Act of 1968, as amended (the “Act”), that 1. The Projects would promote the economic health of New York State by facilitating the
creation or retention of jobs or would increase activity within a municipality or region of the State or would enhance or help to maintain the economic viability of family farms.
2. The Projects would be unlikely to take place in New York State without the requested
assistance. 3. The Projects are reasonably likely to accomplish its stated objectives and the likely
benefits of the project exceed costs. 4. There are no families or individuals to be displaced from the project area(s); and be it
further RESOLVED, that with respect to the General Development Financing Capital Projects, the Corporation does hereby adopt, subject to the requirements of Section 16(2) of the Act, the proposed General Project Plan (the “Plan”) for the Projects submitted to this meeting, together with such changes therein as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, a copy of which Plan, together with such changes, are hereby ordered filed with the records of the Corporation; and be it further RESOLVED, that upon written finding of the President and Chief Executive Officer of the Corporation or his designee(s), that no substantive negative testimony or comment has been received at the public hearings held on the Plan, such Plan shall be effective at the conclusion of such hearings, and that upon such written findings being made, the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized to make a grant to the party and for the amount listed below from the Empire State Economic Development Fund, for the purposes, and substantially on the terms and conditions, set forth in the materials presented to this meeting, with such changes as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, subject to
20
the availability of funds and the approval of the State Division of the Budget; and be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, subsequent to the making of the grants, and each of them hereby is, authorized to take such actions and make such modifications to the terms of the grants as he or she may deem necessary or appropriate in the administration of the grants; and be it further RESOLVED, that the provision of ESD financial assistance is expressly contingent upon: (1) the approval of the Public Authorities Control Board, if applicable, and (2) receipt of all other necessary approvals; Empire State Economic Development Fund
Project Name Proj # Grantee Assistance up to
General Development Financing Projects
A. Inscape Capital X061 Inscape (NY) Inc. $100,000
B. Turbo Machined Capital W475 Turbo Machined Products, LLC $35,000
TOTAL $135,000
and be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized in the name and on behalf of the Corporation to execute and deliver any and all documents and to take all actions as he or she may in his or her sole discretion consider to be necessary or proper to effectuate the foregoing resolutions.
* * * Mr. Lee then presented the Restore New York Program item. Mr. Lee provided a
synopsis of one grant to be considered by the Directors. Following Mr. Lee’s presentation,
Mr. Adams called for questions and comments from the Directors and from the Public.
There being no further questions or comments, and upon motion duly made and
seconded, the following resolution was unanimously adopted:
21
13046. Statewide – Restore NY Communities – Capital Grant – Land Use Improvement
Findings and Determinations Pursuant to Sections 10 (c), 10(g) and 16-n of the Act; Authorization to Adopt the Proposed General Project Plan; Authorization to a Make Grant and to Take Related Actions
RESOLVED, that on the basis of the materials presented to this meeting, a copy of which is hereby ordered filed with the records of the Corporation, relating to the Restore NY Communities Capital Grant Project (the “Project”), the Corporation hereby determines pursuant to Sections 16-n and 10 of the New York State Urban Development Corporation Act of 1968, as amended (the “Act”), that 1. The area in which the project is to be located is a substandard or unsanitary area, or is in
danger of becoming a substandard or unsanitary area and tends to impair or arrest sound growth and development of the municipality.
2. The project consists of a plan or undertaking for the clearance, replanning,
reconstruction and rehabilitation of such area and for recreational and other facilities incidental or appurtenant thereto.
3. The plan or undertaking affords maximum opportunity for participation by private
enterprise, consistent with the sound needs of the municipality as a whole. 4. There are no families or individuals displaced from the Project area; and be it further RESOLVED, that the Corporation does hereby adopt, subject to the requirements of Section 16(2) of the Act, the proposed General Project Plan (the “Plan”) for the Project submitted to this meeting, together with such changes therein as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, a copy of which Plan, together with such changes, are hereby ordered filed with the records of the Corporation; and be it further RESOLVED, that upon written findings of the President and Chief Executive Officer of the Corporation or his designee(s) that no substantive negative testimony or comment has been received at the public hearing held on the Plan, such Plan shall be effective at the conclusion of such hearing, and that upon such written findings being made, the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized to make a grant to the party and for the amount listed below from Restore NY Communities, for the purposes, and substantially on the terms and conditions, set forth in the materials presented to this meeting, with such changes as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, subject to the availability of funds and the approval of the State Division of the Budget; and be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s)
22
be, and each of them hereby is, authorized to make a grant to the parties and for the amount listed below from Restore NY Communities, for the purposes, and substantially on the terms and conditions, set forth in the materials presented to this meeting, with such changes as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, subject to the availability of funds and the approval of the State Division of the Budget; and be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, subsequent to the making of the grant, and each of them hereby is, authorized to take such actions and make such modifications to the terms of the grant as he or she may deem necessary or appropriate in the administration of the grant; and be it further RESOLVED, that the provision of ESD financial assistance is expressly contingent upon: (1) the approval of the Public Authorities Control Board, if applicable, and (2) receipt of all other necessary approvals; and be it further
Restore NY Communities – Project Summary Table
Project Name Proj #
Grantee Assistance up to
Restore NY Communities Projects
A. Bath-RESTORE III-Steuben County Bank Restoration
W870 Village of Bath $1,180,000
TOTAL $1,180,000
RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized in the name and on behalf of the Corporation to execute and deliver any and all documents and to take all actions as he or she may in his or her sole discretion consider to be necessary or proper to effectuate the foregoing resolutions.
* * * 13047. Bath (Steuben County) – Bath - RESTORE III – Steuben County Bank Restoration –
Restore NY Communities 08-09 (Capital Grant) – Determination of No Significant Effect on the Environment
RESOLVED, that based on the material submitted to the Directors with respect to the Bath – RESTORE III – Steuben County Bank Restoration Project, the Corporation hereby determines that the proposed action will not have a significant effect on the environment.
* * *
23
Ms. Lippowitsch then presented the April Non-Discretionary Consent Calendar for
approval. Ms. Lippowitsch briefly outlined the content of the consent calendar noting, in part,
that the calendar includes ten grants totaling $2,282,000 which were authorized or re-
appropriated in the 2011 – 2012 New York State budget.
Following this presentation, Mr. Adams called for questions or comments. Hearing
none, and upon motion duly made and seconded, the following resolution was unanimously
adopted:
13048. Community Projects Fund and Local Assistance - Findings and Determinations
Pursuant to Section 10 (g) of the Act; Authorization to Make Grants and to Take Related Actions
______________________________________________________________________________ RESOLVED, that on the basis of the materials presented to this meeting, a copy of which is hereby ordered filed with the records of the Corporation, relating to the Community Projects Fund and Local Assistance Projects (the “Projects”), the Corporation hereby determines pursuant to Section 10 (g) of the New York State Urban Development Corporation Act of 1968, as amended (the “Act”), that there are no families or individuals to be displaced from the project area(s); and be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized to make grants to the parties and for the amounts listed below from the Community Projects Fund and from Local Assistance, for the purposes, and substantially on the terms and conditions, set forth in the materials presented to this meeting, with such changes as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, subject to the availability of funds and the approval of the State Division of the Budget; and be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, subsequent to the making of the grants, and each of them hereby is, authorized to take such actions and make such modifications to the terms of the grants as he or she may deem necessary or appropriate in the administration of the grants; and be it further RESOLVED, that the provision of ESD financial assistance is expressly contingent upon: (1) the
24
approval of the Public Authorities Control Board, if applicable, and (2) receipt of all other necessary approvals; and be it further Local Assistance – Governor – Project Summary Table
Project Name Proj # Grantee Assistance up
to
A FRMC – University at Albany SUNY INDEX Working Capital
W885, W886
Fuller Road Management Corporation
1,920,000
TOTAL $1,920,000
Community Projects Fund – Assembly – Project Summary Table
Project Name Proj # Grantee Assistance up
to
B Bronx Council for Economic Development – Business and Community Development
W193
Bronx Council for Economic Development Local Development Corporation d/b/a Bronx Central Council for Economic Development
125,000
TOTAL $125,000
RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized in the name and on behalf of the Corporation to execute and deliver any and all documents and to take all actions as he or she may in his or her sole discretion consider to be necessary or proper to effectuate the foregoing resolutions.
* * *
13049. Empire Opportunity Fund and Economic and Community Development Projects - Findings and Determinations Pursuant to Section 10 (g) of the Act; Civic Project Findings and Determinations Pursuant to Sections 10 (d) and 10 (g) of the Act; Authorization to Amend the General Project Plans; Authorization to Make Grants and to Take Related Actions; Determination of No Significant Effect on the Environment
______________________________________________________________________________ RESOLVED, that the Corporation does hereby adopt, subject to the requirements of
25
Section 16(2) of the Act, the amended General Project Plans (the “Plans”) for the Projects submitted to this meeting, together with such changes therein as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, a copy of which Plan, together with such changes, are hereby ordered filed with the records of the Corporation; and be it further Civic Project 1) That there exists in the area in which the project is to be located a need for the educational, cultural, recreational, community, municipal, public service or other civic facility to be included in the project; 2) That such project shall consist of a building or buildings which are suitable for educational, cultural, recreational, community, municipal, public service or other civic purposes; 3) That such project will be leased to or owned by the State or an agency or instrumentality thereof, a municipality or an agency or instrumentality thereof, a public corporation, or any other entity which is carrying out a community, municipal, public service or other civic purpose, and that adequate provision has been, or will be made for the payment of the cost of acquisition, construction, operation, maintenance and upkeep of this project; 4) That the plans and specifications assure adequate light, air, sanitation and fire protection; and 5) That the proposed facilities or project is consistent with any existing local or regional comprehensive plan. and be it further RESOLVED, the Projects are in compliance with Chapter 84 of the Laws of 2002 and the Corporation’s guidelines established thereunder. Individual Project funding does not exceed 25 percent of the total project costs, or if project funding does exceed 25 percent of total project costs, the Director of the Division of the Budget has authorized the provision of such amount; and be it further RESOLVED, that upon written findings of the President and Chief Executive Officer of the Corporation or his designee(s) that no substantive negative testimony or comment has been received at the public hearings held on the Plans, such Plans shall be effective at the conclusion of such hearings, and that upon such written findings being made, the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized to make grants to the parties and for the amounts listed below from the Empire Opportunity Fund and Economic and Community Development Projects, for the purposes, and substantially on the terms and conditions, set forth in the materials presented to this meeting, with such changes as the President and Chief Executive Officer of the Corporation or his
26
designee(s) may deem appropriate, subject to the availability of funds and the approval of the State Division of the Budget; and be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, subsequent to the making of the grants, and each of them hereby is, authorized to take such actions and make such modifications to the terms of the grants as he or she may deem necessary or appropriate in the administration of the grants; and be it further RESOLVED, that the provision of ESD financial assistance is expressly contingent upon: (1) the approval of the Public Authorities Control Board, if applicable, and (2) receipt of all other necessary approvals; and be it further Empire Opportunity Fund - Project Summary Table
Project Name Proj # Grantee Assistance up
to
C MDF – City-by-City Initiative - Pike Block EOF Capital
V913 Metropolitan Development Foundation of Central New York, Inc.
01
D NYU – NYULMC Neuroscience Institute Capital
X353 New York University 02
1 – This $3M grant was approved by the ESD Directors on April 17, 2008, but that project did not move forward. The subject request is to reallocate funds to amend the general project plan, and does not involve new funding.
2 - This grant was approved by the ESD Directors on December 18, 2006, but that project did not move forward. The subject request is to reallocate funds to amend the general project plan, and does not involve new funding.
TOTAL $0
Economic and Community Development Projects - Project Summary Table
Project Name Proj # Grantee Assistance up
27
to
D NYU – NYULMC Neuroscience Institute Capital
X354 New York University 03
3 - This grant was approved by the ESD Directors on December 18, 2006, but that project did not move forward. The subject request is to reallocate funds to amend the general project plan, and does not involve new funding.
TOTAL $0
RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized in the name and on behalf of the Corporation to execute and deliver any and all documents and to take all actions as he or she may in his or her sole discretion consider to be necessary or proper to effectuate the foregoing resolutions.
* * *
13050. City of Syracuse (Onondaga County) – MDF - City-by-City Initiative – Pike Block EOF Capital – Determination of No Significant Effect on the Environment
RESOLVED, that based on the material submitted to the Directors with respect to the MDF - City-by-City Initiative – Pike Block EOF Capital Project, the Corporation hereby determines that the proposed action will not have a significant effect on the environment.
* * *
13051. New York (New York City) – NYU - NYULMC Neuroscience Institute Capital –
Empire Opportunity Fund, Economic and Community Development Projects and Capital Projects Fund – Determination of No Significant Effect on the Environment
RESOLVED, that based on the materials submitted to the Directors with respect to the NYU - NYULMC Neuroscience Institute Capital Project, the Corporation hereby determines that the proposed action will not have a significant effect on the environment.
* * *
28
13052. Capital Projects Fund - Findings and Determinations Pursuant to Section 10 (g) of the Act; Authorization to Adopt the Proposed General Project Plan; Authorization to Amend the General Project Plan; Authorization to Make Grants and to Take Related Actions; Determination of No Significant Effect on the Environment
______________________________________________________________________________ RESOLVED, that on the basis of the materials presented to this meeting, a copy of which is hereby ordered filed with the records of the Corporation, relating to the Capital Projects Fund projects (the “Projects”), the Corporation hereby determines pursuant to Section 10 (g) of the New York State Urban Development Corporation Act of 1968, as amended (the “Act”), that there are no families or individuals to be displaced from the project areas; and be it further RESOLVED, that the Corporation does hereby adopt, subject to the requirements of Section 16(2) of the Act, the proposed and the amended General Project Plans (the “Plans”) for the Projects submitted to this meeting, together with such changes therein as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, a copy of which Plan, together with such changes, are hereby ordered filed with the records of the Corporation; and be it further RESOLVED, that upon written findings of the President and Chief Executive Officer of the Corporation or his designee(s) that no substantive negative testimony or comment has been received at the public hearings held on the Plans, such Plans shall be effective at the conclusion of such hearings, and that upon such written findings being made, the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized to make grants to the parties and for the amounts listed below from the Capital Projects Fund, for the purposes, and substantially on the terms and conditions, set forth in the materials presented to this meeting, with such changes as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, subject to the availability of funds and the approval of the State Division of the Budget; and be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, subsequent to the making of the grants, and each of them hereby is, authorized to take such actions and make such modifications to the terms of the grants as he or she may deem necessary or appropriate in the administration of the grants; and be it further RESOLVED, that the provision of ESD financial assistance is expressly contingent upon: (1) the approval of the Public Authorities Control Board, if applicable, and (2) receipt of all other necessary approvals; and be it further Capital Projects Fund - Project Summary Table
29
Project Name Proj # Grantee Assistance up
to
D NYU – NYULMC Neuroscience Institute Capital
X381 New York University 01
E Hope Christian Center – Renovations
X180 Hope Christian Center 187,000
1 - This grant was approved by the ESD Directors on December 18, 2006, but that project did not move forward. The subject request is to reallocate funds to amend the general project plan, and does not involve new funding.
TOTAL $187,000
RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized in the name and on behalf of the Corporation to execute and deliver any and all documents and to take all actions as he or she may in his or her sole discretion consider to be necessary or proper to effectuate the foregoing resolutions.
* * * 13053. Community Capital Assistance Program – Authorization to Amend the Grantee
and the General Project Plan; Authorization to Make a Grant and to Take Related Actions
RESOLVED, that on the basis of the materials presented to this meeting, a copy of which is hereby ordered filed with the records of the Corporation, relating to the Community Capital Assistance Program Project (the “Project”), in accordance with Chapter 84 of the Laws of 2002 for the Community Capital Assistance Program, the Corporation hereby determines pursuant to Section 10 (g) of the New York State Urban Development Corporation Act of 1968, as amended (the “Act”), that there are no families or individuals to be displaced from the project area; and be it further RESOLVED, that the Corporation does hereby adopt, subject to the requirements of Section 16(2) of the Act, the amended Grantee and amended General Project Plan (the “Plan”) for the Project submitted to this meeting, together with such changes therein as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, a copy
30
of which Plan, together with such changes, are hereby ordered filed with the records of the Corporation; and be it further RESOLVED, that upon written finding of the President and Chief Executive Officer of the Corporation or his designee(s) that no substantive negative testimony or comment has been received at the public hearing held on the Plan, such Plan shall be effective at the conclusion of such hearing, and that upon such written finding being made, the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized to make a grant to the party and for the amount listed below from the Community Capital Assistance Program, for the purposes, and substantially on the terms and conditions, set forth in the materials presented to this meeting, with such changes as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, subject to the availability of funds and the approval of the State Division of the Budget; and be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, subsequent to the making of the grant, and each of them hereby is, authorized to take such actions and make such modifications to the terms of the grant as he or she may deem necessary or appropriate in the administration of the grant; and be it further RESOLVED, that the provision of ESD financial assistance is expressly contingent upon: (1) the approval of the Public Authorities Control Board, if applicable, and (2) receipt of all other necessary approvals; and be it further Community Capital Assistance Program – Senate - Project Summary Table
Project Name Proj # Grantee Assistance up
to
F
The Research Foundation – Farmingdale State College - Aviation Simulator and Green Demonstration Facility
U263
The Research Foundation of State University of New York
01
1 – This $200,000 grant was approved by the ESD Directors on July 18, 2006. The subject request is to reallocate funds to amend the grantee and general project plan, and does not involve new funding.
TOTAL $0
31
RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized in the name and on behalf of the Corporation to execute and deliver any and all documents and to take all actions as he or she may in his or her sole discretion consider to be necessary or proper to effectuate the foregoing resolutions.
* * * 13054. Community Enhancement Facilities Assistance Program – Authorization to Adopt
the Proposed General Project Plan; Authorization to Make a Grant and to Take Related Actions
RESOLVED, that on the basis of the materials presented to this meeting, a copy of which is hereby ordered filed with the records of the Corporation, relating to the Community Enhancement Facilities Assistance Program Project (the “Project”), as directed by the Governor and/or the Temporary President and Majority Leader of the Senate, in accordance with Chapter 432 of the Laws of 1997, and Chapter 55 of the Laws of 2002, the Corporation hereby determines pursuant to Section 10 (g) of the New York State Urban Development Corporation Act of 1968, as amended (the “Act”), that there are no families or individuals to be displaced from the project area; and be it further RESOLVED, that the Corporation does hereby adopt, subject to the requirements of Section 16(2) of the Act, the proposed General Project Plan (the “Plan”) for the Project submitted to this meeting, together with such changes therein as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, a copy of which Plans, together with such changes, are hereby ordered filed with the records of the Corporation; and be it further RESOLVED, that upon written finding of the President and Chief Executive Officer of the Corporation or his designee(s) that no substantive negative testimony or comment has been received at the public hearing held on the Plan, such Plan shall be effective at the conclusion of such hearing, and that upon such written finding being made, the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized to make a grant to the party and for the amount listed below from the Community Enhancement Facilities Assistance Program, for the purposes, and substantially on the terms and conditions, set forth in the materials presented to this meeting, with such changes as the President and Chief Executive Officer of the Corporation or his designee(s) may deem appropriate, subject to the availability of funds and the approval of the State Division of the Budget; and be it further RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, subsequent to the making of the grant, and each of them hereby is, authorized to take such actions and make such modifications to the terms of the grant as he or she may deem necessary or appropriate in the administration of the grant; and be it further
32
RESOLVED, that the provision of ESD financial assistance is expressly contingent upon: (1) the approval of the Public Authorities Control Board, if applicable, and (2) receipt of all other necessary approvals; and be it further Community Enhancement Facilities Assistance Program - Project Summary Table
Project Name Proj # Grantee Assistance up
to
G Robert H. Jackson Center – Renovations and Exhibit
W521 Robert H. Jackson Center, Inc. 50,000
TOTAL $50,000
RESOLVED, that the President and Chief Executive Officer of the Corporation or his designee(s) be, and each of them hereby is, authorized in the name and on behalf of the Corporation to execute and deliver any and all documents and to take all actions as he or she may in his or her sole discretion consider to be necessary or proper to effectuate the foregoing resolutions.
* * *
Mr. Adams then presented the President’s Report. First, Mr. Adams welcomed
Ms. Shimer and Mr. Mehiel to the meeting noting that he looks forward to working with them
in the future. Mr. Adams then went on to acknowledge Mr. Neiman’s years of service as the
New York State Superintendent of Banking. He expressed his appreciation to Mr. Neiman and
wished him success in his new endeavors.
Mr. Neiman explained that, as he had mentioned at last month’s meeting, Governor
Coumo’s proposal that the Department of Banking and Insurance be merged passed in the
executive budget. Mr. Neiman further noted that the effective date of the merger was
extended to October 3rd.
33
As his last day will be May 6th, Mr. Neiman explained that his duties on the ESD Board
will be fulfilled by Acting First Deputy Regina Stone.
Mr. Neiman noted that he enjoyed his association with ESD and wished Mr. Adams
success going forward.
Mr. Adams then spoke briefly about the newly-developed virtual Board Room and he
thanked Ms. Shimer for her suggestion that ESD move forward on creating it.
Mr. Adams then asked each person in the room to introduce themselves stating he
believes that it is important for the Directors to become familiar with the hard working staff of
ESD.
Speaking generally about the organization, Mr. Adams noted that he has been
impressed with the quality, intelligence and thoughtfulness of the individuals he has met.
Among other things, Mr. Adams stressed his belief that it is ESD’s work to identity
obstacles to private sector job growth and to ultimately craft policies to improve, as much as
possible, the business climate in New York State. Mr. Adams outlined several resources
available to ESD that can be utilized in moving that goal forward.
Director Neiman thanked Mr. Adams for one of the most cogent and effective
34
explanations of ESD that he has heard. He then asked to what extent ESD’s business advocacy
role will be constrained by other Government Agencies.
Mr. Adams reiterated his previously stated belief that ESD’s obligation is to be the voice
of the business community and while there may in fact be constraints moving forward, ESD
should continue to do its utmost to improve the competitive position of New York State.
Director Dyson noted his surprise that the Directors are not utilized more to, among
other things, get the message out to businesses that this government knows what it’s doing.
Director Dyson then stated his belief that the organization must take a closer look at
agriculture as an industry. He further noted that ESD should work jointly with the agriculture
sector as that group oftentimes appears to be out on its own.
In that vein, Mr. Adams noted that he is pleased to report that the former
Commissioner of Agriculture, Patrick Hooker, recently joined ESD’s staff.
Mr. Hooker, he continued, will be working on some of the Healthy Food and other
agriculture related initiatives supported by the Governor.
Mr. Adams also spoke briefly with regard to the Governor’s advance with regard to
regional councils. He noted, in part, that regional councils represent a new economic
35
development delivery system for getting much more localized input into the allocation of
economic development resources. He added that there would be further information and
discussion regarding the regional councils in the near future.
In closing, Mr. Adams thanked the Directors for their service to ESD and the State.
The Directors noted their appreciation for Mr. Adams’ report as well as for the
welcomed discussion. They then stated that they look forward to working with him going
forward.
There being no further business, the meeting was adjourned at 2:18 p.m.
Respectfully submitted, Eileen McEvoy
Corporate Secretary