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Troy Local Development Corporation

Regular Meeting

Troy, NY · August 16, 2024

AgendaMinutes

Minutes

Regular Board Meeting Minutes August 16, 2024 9:00 a.m. BOARD MEMBERS PRESENT: Jeff Betts, Randy Coburn, Seamus Donnelly ABSENT: Hon. Tom Casey and Andy Ross ALSO IN ATTENDANCE: Justin Miller, Esq., Matt Jones, Max Freed, Deanna Dal Pos and D Denee Zeigler The regular board meeting was called to order at 9:14 a.m. I. Minutes R The board reviewed the minutes from the March 27, 2024 regular board meeting. T Motion to approve the March 27, 2024 regular board meetings minutes – Seamus Donnelly AF Seconded – Jeff Betts Approved II. Executive Director’s Report Staffing –Previously, the Planning Commissioner was the Executive Director. We are proposing some changes moving forward and creating some new staff positions. Seamus Donnelly will become the executive director, Randy Coburn will be deputy director, Denee Zeigler as acting secretary/economic development specialist and Andrew Kreshik will be project manager. We will work on fine tuning job descriptions and responsibilities. Mr. Miller advised we are not ready to talk about stipends, we can set the appointments with today’s board members. We can talk a look at the budgets to see what would work best. We would need the full board for a vote such as this. We can establish all the roles today. Motion to approve new roles: • Seamus Donnelly – Executive Director • Randy Coburn – Deputy Executive Director • Denee Zeigler – Acting Secretary • Andrew Kreshik – Project Manager Made by Randy Coburn. 1 Seconded – Jeff Bets Approved III. New Business No new business to discuss. IV. Old Business Geothermal Update – Mr. Coburn spoke about the project to date. There are many steps in process for this project. As an overview it consists of undertaking a feasibility analysis of setting up a bore field in Riverfront Park, working to creating leases with the city for establishing a pump station operated by National Grid, creating of an education center, both located within two city owned parcels, create a thermal loop which National Grid will use to distribute to off takers. The project area is a defined part of the downtown area undertaken as a pilot program under directive from the public service commission to National Grid. It will be the first of its kind in NYS because it is shared ownership with the city and LDC. The LDC would be the owner and operator of the bore field. Currently, we are working to get it through the SEQRA process and determine lead agency. We are proposing city council as lead agency and will present preliminary action on this during the August 22nd finance council meeting. Once lead agency is determined, the SEQRA process will be initiated. D Mr. Miller spoke additionally about the process moving forward and noted once intent for lead agency is declared, we will notify all interested parties. After 30 days the city can consider adopting neg declaration for the project. We will also be working to R create leases with the city for use of their properties. Mr. Miller noted that National Grid will be working to get approval from the Public Service Commission in January. If things go perfectly, construction could ideally begin in Spring. Mr. Donnelly asked about the $4 Million in funding from NYSERDA. Mr. Miller advised it is handled on a T reimbursement basis each time we reach a milestone. Mr. Betts asked about the reimbursement process. Mr. Miller advised a 30-day turnaround. Mrs. Zeigler noted it AF is submitted and reimbursed electronically. Mr. Donnelly noted that it has been a project happening for many years but is glad to see how far it has progressed since January. King Fuels Site – Mr. Miller noted that National Grid is making a lot of progress on the site, getting ready to move from phase one to phase two. He advised to move the cleanup to phase two; we will need to do some small cleanup of non-contaminated materials left on the site. Mr. Miller noted that some alternative plans were looked at to undertake the cleanup and it was determined the best route would be to get a sense of the labor needed to do the work and have the LDC pay directly. Mr. Donnelly asked about a timeframe for this. Mr. Miller advised it would be good to take care of by October 1st for them to move forward with the remediation. Mr. Donnelly asked about the timeframe for this. Mr. Miller advised phase one has been going on about a year and phase two should be similar. Phase three will be more intensive, but overall, it should only be another 24 months. Community Business Improvement Grants – Mrs. Zeiger provided a spreadsheet on the status of approved projects. A handful of projects wanted to come back for different reasons; one to access the remaining $3500 in matching funds, another one wanted to come back to increase their grant amount due to unforeseen issues and one with a tax related question. Mr. Donnelly advised that there may be an opportunity to add additional funds to this programming, which has been successful. Mrs. Zeigler noted that there were a handful of projects that came in at the very end of the year that were not reviewed. Mr. Coburn asked about the approval process. 2 Mrs. Zeigler noted that there was a committee who reviewed applications and then presented them to the full board for approvals. Mrs. Zeigler noted applicants will be contacted for a status update. Next month we can vote on the two projects that are asking for increases and possibly invite the applicants. V. Financials Mr. Jones went over the statement of financial position noting that as of July 31, 2024 our total assets stand at $3,773,021. He advised $310,568 in cash with $1,354,931 in liabilities, leaving a fund balance of $2,418,090. No significant changes to the statement of financial position. Mr. Jones went over the statement of activity for the month of July, noting a surplus of $75,139. The most significant source of revenue was from the Kings Common administrative fee and largest expense comes from accounting fees. Mr. Donnelly asked about the administrative fee section of the financials earlier in the meeting and it is noted here. Mr. Miller spoke about the line items where the split administrative fee is located and provided some additional background on the process of fee sharing with the IDA. Motion to approve the financials as presented – Seamus Donnelly VI. DSeconded – Jeff Betts Approved Adjournment R With no other items to discuss, the regular board meeting was adjourned at 9:56 a.m. T Motion to adjourn the regular board meeting at 9:56 a.m. – Randy Coburn Seconded – Jeff Betts AF Approved 3

Agenda

Chair Board Members Jeff Betts Seamus Donnelly Hon. Tom Casey Randy Coburn Vice-Chair Andy Ross Executive Director Board of Directors Meeting City Hall Planning Dept. Conference Room 433 River Street, Suite 5001 Troy, NY 12180 AUGUST 16, 2024 9:00 a.m. AGENDA I. Approval of Minutes from the March 27, 2024 Board Meeting. II. Executive Director & Staffing III. New Business IV. Old Business 1. Geothermal Project Update 2. King Fuels site 3. Community Business Improvement Grant V. Financials VI. Adjournment Regular Board Meeting Minutes March 27, 2024 9:00 a.m. BOARD MEMBERS PRESENT: Dylan Turek, Jeff Betts, Randy Coburn, Seamus Donnelly and Andy Ross ABSENT: Hon. Tom Casey T ALSO IN ATTENDANCE: Justin Miller, Esq., Matt Jones, Chris Stephens, Frank Ferrucci, John Boyd Justin Domago, Max Freed and Denee Zeigler AF The regular board meeting was called to order at 9:34 a.m. I. Minutes The board reviewed was not able to vote on the minutes due to not having enough board members present from the December 15, 2023 regular board meeting. II. III. D Executive Director’s Report No items for executive director report. R New Business Annual Meeting Resolutions- The board discussed roles that need to be filled for the annual meeting resolution. Mr. Donnelly asked if we table the decision for executive director for the next meeting. Mr. Miller advised section 4 and 7 can be tabled by the next meeting. Yes, we will carry over the appointments that are currently in place until next month. (See Resolution 03/24 #1) Motion to approve the annual resolution minus sections 4 and 7. – Seamus Donnelly Seconded – Andy Ross Approved IV. Old Business Flextech – Mr. Turek advised this agreement was signed by us as part of the District Geothermal project. He advised the $1000,000 of funding from National Grid’s Flextech program was paid directly to CHA to conduct a feasibility study. The report should be ready in about 4-5 months. 1 Geothermal Update – The implementation grant has come through from NYSERDA and they will be ready to announce soon. A kickoff meeting will happen in April, our legal counsel will be working on the MOU and then SEQRA approval will be sent out. here is an EPA grant that is due in a few days related to the governments IRA program. It focuses on green energy. One Monument Sq – The administration is currently working on a plan for what they would like to see there. The LDC is here as a willing partner. South Troy – The cleanup at the King Fuel site continues. We have been in discussion about relocating the salt pile. Discussions about future developments continue as we wrap up the BOA. They were waiting for the economic report which will be done soon and then the BOA can be submitted by the end of the summer. County Waste lease negotiations will need to resume. Mr. Miller noted that they are in their first option period of 5yrs. Mr. Turek advised that we are doing a phase I and II of the portions of the County Waste site that are not currently being used. This is being covered with the EPA grant. Lansingburgh – There is a lot planned for this section of the city in the upcoming year. We have an opportunity to work with the revitalization block by block. V. Financials T Mr. Jones went over the statement of financial position noting that as of February 29, AF 2024 our total assets stand at $3,208,994. He advised $317,541 in cash with $1,472,228 in liabilities, leaving a fund balance of $2,236,766. No significant changes to the statement of financial position. Mr. Jones went over the statement of activity for the month of February, noting a surplus of $20,916. The most significant source of revenue was from the monthly national grid fee and the largest expense comes from accounting fees. VI. DR Motion to approve the financials as presented – Andy Ross Seconded – Seamus Donnelly Approved Adjournment With no other items to discuss, the regular board meeting was adjourned at 9:58 a.m. Motion to adjourn the regular board meeting at 9:58 a.m. – Seamus Donnelly Seconded – Andy Ross Approved 2 ANNUAL MEETING RESOLUTIONS A regular meeting of the Troy Local Development Corporation was convened on March 27, 2024 at 9:00 a.m. The following resolution was duly offered and seconded, to wit: Resolution No. 03/24 #1 ANNUAL MEETING RESOLUTIONS OF THE TROY LOCAL DEVELOPMENT CORPORATION (i) ACCEPTING THE CORPORATION AUDIT FOR FISCAL YEAR 2023, (ii) ADOPTING AND RE-ADOPTING CERTAIN REPORTS, POLICIES, STANDARDS AND PROCEDURES RELATING TO THE PUBLIC AUTHORITIES ACCOUNTABILITY ACT OF 2005, AS AMENDED BY CHAPTER 506 OF THE LAWS OF 2009 OF THE STATE OF NEW YORK, (iii) ELECTING BOARD OFFICERS; (iv) APPOINTING BOARD COMMITTEE POSITIONS; (iv) RE-APPOINTING CORPORATION STAFF, AND (v) RELATED MATTERS T WHEREAS, the Troy Local Development Corporation (the “Corporation”) is a duly- established, not-for-profit local development corporation of the State pursuant to Section 1411(h) of the Not-for-Profit Corporation Law (“N-PCL”) and a Certificate of Reincorporation filed on AF April 5, 2010 (the “Certificate”) established for the charitable and public purposes of relieving and reducing unemployment, promoting and providing for additional and maximum employment, bettering and maintaining job opportunities, instructing or training individuals to improve or develop their capabilities for such jobs, by encouraging the development of, or retention of, an industry in the community or area, and lessening the burdens of government and acting in the public interest; and D WHEREAS, pursuant to the Certificate and Section 2 of the Public Authorities Law R (“PAL”) of the State, the provisions of the Public Authorities Accountability Act of 2005, as amended by Chapter 506 of the Laws of 2009 of the State of New York (“PAAA”) the Corporation constitutes a “local authority”; and WHEREAS, pursuant to and in accordance with PAAA and the By-laws of the Corporation, the Board desires to conduct its annual meeting, whereat the Corporation shall (i) review and approve the Annual Audit for Fiscal Year 2023; and (ii) adopt and readopt certain policies, standards and procedures pursuant to and in accordance with PAAA; and WHEREAS, pursuant to and in accordance with the By-laws of the Corporation, the Board further desires to (i) elect Board Officers; (ii) establish committee memberships; (iii) re- appoint Corporation staff; and (iv) authorize related matters. NOW, THEREFORE, BE IT RESOLVED BY THE DIRECTORS OF THE TROY LOCAL DEVELOPMENT CORPORATION AS FOLLOWS: Section 1. Pursuant to PAAA and PARA, the Corporation has reviewed the Mission Statement and Performance Measures and the Corporation hereby determines that no changes are required to the Mission Statement and Performance Measures and that the same is hereby approved. Section 2. Pursuant to PAAA and PARA, the Corporation has reviewed the Investment Policy and Disposition of Property Policy and the Corporation hereby determines that no changes are required and that both policies are hereby re-adopted and approved. Section 3. The Corporation has reviewed, and upon recommendation by the Audit and Finance Committee, does hereby approve and accept the Annual Audit of the Corporation for Fiscal Year 2023 as prepared and presented by Wojeski & Co. CPAS, P.C. Section 4. Annual Officer Election. Upon motion, second and board roll call vote, the following individuals are duly appointed to serve in the respective Officer Positions in accordance with the By-laws of the Corporation for the period January 1, 2024 through December 31, 2024: TBD, Chair TBD, Vice Chair TBD, Treasurer TBD, Secretary T All Directors of the Corporation shall participate in such required annual and continuing AF training as may be required to remain informed of best practices, regulatory and statutory changes relating to the effective oversight of the management and financial activities of public authorities and to adhere to the highest standards of responsible governance. Further, each Director shall execute (i) a Certification of No Conflict of Interest (ii) an Acknowledgement of Fiduciary Duties and Responsibilities. D Section 5. Audit and Finance Committee. Pursuant to subdivision 4 of Section 2824 of the PAL, and in accordance with the By-laws of the Corporation, the following Directors R are nominated and confirmed to serve on the Audit and Finance Committee of the Corporation for the period January 1, 2024 through December 31, 2024: Committee of the whole. The Audit and Finance Committee shall perform the functions as described in the By- Laws. Section 6. Governance Committee. Pursuant to subdivision 7 of Section 2824 of the PAL, and in accordance with the By-laws of the Corporation, the following Directors are nominated and confirmed to serve on the Governance Committee of the Corporation for the period January 1, 2024 through December 31, 2024: Committee of the whole. The Governance Committee shall perform the functions as described in the By-Laws. 2 Section 7. Appointment of Staff. Pursuant to and in accordance with the By-laws of the Corporation, the Directors of the Corporation hereby ratify the appointment of the following individuals to serve as at will employees in the following appointed positions: TBD, Executive Director and Chief Executive Officer TBD, Acting Secretary TBD, Project Manager TBD, Economic Development Director The foregoing officers shall enter upon the discharge of their duties as provided in the By-Laws of the Corporation. The Corporation further authorizes the extension of the Consulting Services Agreement with the Corporation’s Executive Director. The Board hereby designates the Executive Director as the Corporation’s FOIL Officer and Contracting Officer. The Chairman shall serve as the FOIL Appeals Officer of the Corporation. [Note: RC Abstain] Section 8. The Corporation hereby authorizes and approves the 2023 Annual Report to be filed with (i) the New York State Authority Budget Office via the Public Authorities Reporting Information System, and (ii) the appropriate local officials. Section 9. T That the budget for fiscal year ending December 31, 2024 and the proposed budgets for fiscal years ending December 31, 2025 through December 31, 2027, AF attached hereto, are hereby approved and the Corporation ratifies the actions of the officers and directors consistent with each such budget and any payments made thereunder prior to the date of this meeting. Section 10. The officers, employees and agents of the Corporation are hereby authorized and directed for and in the name and on behalf of the Corporation to do all acts and D things required and to execute and deliver all such checks, certificates, instruments and documents, to pay all such fees, charges and expenses and to do all such further acts and things R as may be necessary or, in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the foregoing resolutions and to cause compliance by the Corporation with all of the terms, covenants and provisions of the documents executed for and on behalf of the Corporation. Section 11. These Resolutions 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: Yea Nea Absent Abstain Jeff Betts [ X ] [ ] [ ] [ ] Andrew Ross [ X ] [ ] [ ] [ ] Seamus Donnelly [ X ] [ ] [ ] [ ] Randy Coburn [ X ] [ ] [ ] [ ] Tom Casey [ ] [ ] [ X ] [ ] The Resolution was thereupon duly adopted. 3 D R AF T

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