Minutes, Regular Meeting / June 11, 2018

June 2018 | Minutes

Monday – June 11, 20178 at 5:30 PM


  • F. Edward Devitt, Chairman
  • Edwin Williams, First Vice-Chairman
  • Stephen Rainaldi, Second Vice-Chairman
  • Joseph Joy, CEO


  • Donna Jennings, Treasurer and Member
  • Rodney Winchell, Member
  • A. Zambrotta, Assistant Secretary

Also Present

  • George W. Cregg, Esq., Hodgson Russ Attorneys
  • Robert J. McLaughlin, Esq., Hodgson Russ Attorneys
  • Members of the Audience
  • Suzanne Hadden, Recording Clerk


  • Call to Order
  • 5:30 PM Kadge LLC – Maybrook Road – Public Hearing
  • Website Proposals – Discussion
  • Procurement Policy – Discussion
  • Other Business
  • Approval of the May 14, 2018 Meeting Minutes
  • Adjournment

Kadge LLC – Maybrook Road – Public Hearing

  • Chairman Devitt called the meeting to order and said on tonight’s agenda there is a public hearing involving Kadge LLC on Maybrook Road and asked Daniel Teutul, Applicant to review the project.
  • Attorney Mc Laughlin introduced himself and said that he would act as the hearing officer for this public hearing on behalf of the Town of Montgomery Industrial Development Agency in connection with the project that Chairman Devitt described, Kadge LLC.
  • We are holding this Public Hearing to allow citizens to make statements on the record, relating to the involvement of the Agency with a project for the benefit of Kadge, LLC, which is a New York limited liability company.
  • The Proposed Project consists of the following: (A) (1) the acquisition of an interest in an approximate 24 acre parcel of land commonly referred to as 36 Maybrook Road, Town of Montgomery, Orange County, NY, Tax Map No. 36-1-40 (2) the construction on the land of various improvements and buildings on the land to contain in the aggregate approximately 52,000 square feet of space and (3) the acquisition and installation therein and thereon of machinery and equipment (the “Equipment”) (the Land, the Facility and the Equipment hereinafter collectively referred to as the “Project Facility”), all of the foregoing to be owned by the Company and operated by the tenants at the Facility, Orange County Ironworks, LLC and Gabriel Steel Erectors, LLC, and which will constitute fabrication, distribution and equipment facilities; (B) the granting of certain “financial assistance” (within the meaning of Section 854(14) of the Act) with respect to the foregoing, including potential exemptions from certain sales and use taxes, real property taxes, real estate transfer taxes and mortgage recording taxes (collectively, the “Financial Assistance”); and (C) the lease (with an obligation to purchase) or sale of the Project Facility to the Company or such other person as may be designated by the Company and agreed upon by the Agency.
  • He will provide general information for the public on the Agency’s authority and ability to provide assistance. The Agency pursuant to the Chapter 1030 of Laws of 1969 of the State of New York, was organized and authorized to promote, develop, encourage and assist in the acquiring, constructing, reconstructing, improving, maintaining and equipping and furnishing of manufacturing, warehousing, research, commercial and industrial facilities, among other purposes.
  • Specifically at Section 859-a(2) the Agency can provide “financial assistance” and if that financial assistance is more than $100,000 the Agency must hold a public hearing pursuant to that Section and since the proposed “financial assistance” to this project may exceed $100,000, that is why we are here tonight to hold this public hearing.
  • After consideration of the Application received from the Company, the members of the Agency adopted a resolution on May 14, 2018 authorizing, the Executive Director to conduct this Public Hearing.
  • The Chairman of the Agency caused the notice of this Public Hearing to be mailed on May 22, 2018 to the chief executive officers of Orange County, in the Town of Montgomery and the Valley Central School District and it was published on May 23, 2018 in Wallkill Valley Times, a newspaper of general circulation available to the residents of the Town of Montgomery. In addition, the Chairman of the Agency caused this notice to be posted on May 21, 2018 on the Agency’s website and also on a public bulletin board located at Town Hall.
  • Copies of the notice of this Public Hearing are available here on the table if anyone wants to take and review.
  • Unless there is any objection, he will waive the full reading of the notice of this Public Hearing, but he will incorporate it into the minutes of this public hearing.
  • Comments received today will be presented to the members of the IDA at or prior to the meeting where the members will consider whether or not to approve undertaking the Project and providing the “financial assistance” in excess of $100,000 with respect to the Project.
  • The notice of Public Hearing indicated written comments could be addressed to the Chairman and I’m advised that no written comments have been received by the Agency prior to the date of this Public Hearing.
  • Daniel Teutul of the company is here and has been introduced. The Public Hearing is now open and Mr. Teutul can present the project to the board.
  • Mr. Teutul said the project he is presenting is for two additional buildings to their existing facility. He handed out plans of the site and said right now the existing facility is the white outlined rectangular, 46,000 square feet with a two-story office building. In the warehouse they fabricate structural and miscellaneous steel.
  • Mr. Teutul continued – We are looking to do the two new buildings. One is 45,000 square feet and a new fabrication facility for heavier structures, heavier pieces, some bridge work and just overall to expand our current facility. The smaller building is to warehouse our equipment for our wrecking company, which is called Gabriel Steel. Right now we have equipment, Connex boxes in certain parts of the office and out in our yard and we are looking to consolidate that and also part of the project is expansion of the land within itself. We are looking to purchase an 1/8th of an acre to the east of our property that is adjacent to wetlands and to make property wetlands and in order to use up some of our property that is wetland and fill that in to create more workspace for our finished product and also to make up for the lost yard space for the new building. The project is going to allow us to keep some of the work that we are currently either sending out of the area to get done at other shops and some of the stuff even if we do want to handle we couldn’t because of the limitations of the size of our cranes at our current shop and again the new shop will be the oversized cranes and be able to facilitate some of the work that we have now and for future growth.
  • Chairman Devitt said at this time we will entertain any comments from the public.
  • Attorney Mc Laughlin said we normally like to give at least 15 minutes and we started just after 5:30, so why don’t we give 5 more minutes to see if anyone shows up and after that we will close the Public Hearing.
  • First Vice Chairman Williams asked what they anticipate for the number of additional employees?
  • Mr. Teutul said around 12 to 15.
  • Christopher Massaroni, Attorney for the Applicant said our application is projecting 15. There are 75 employees currently and this will help them retain those employees, plus add about 15.
  • Chairman Devitt asked what the square footage on the second building is?
  • First Vice Chairman Williams said 7500.
  • Mr. Massaroni said (inaudible) isometrics of the new building.
  • Sherry Melick, Town Council Member asked what are the things you‘re looking to the IDA for?
  • Mr. Teutul said tax exempt on materials, mortgage recording tax and some relief for school and property tax.
  • Ms. Melick asked do they announce for how long and what amounts?
  • Chairman Devitt said right now they are going through the planning board and we have to wait for the planning board decision and the SEQRA and we will respond to that at that time.
  • Ms. Melick asked what is the reasoning for the Public Hearing tonight, to get to what?
  • Attorney Mc Laughlin said the statue requires that before the board can take action, that there has to be a Public Hearing and that’s what the purpose is for and before the project is actually authorized, they have to go through the planning and then SEQRA and then as they get closer to finalizing their project under the IDA’s Tax Exemption Policy that was adopted, they score the project, determine what category the project is in and under that policy it is either a 1, 2 or 3 and then based on that will determine what tax benefit could be approved by the board, at an authorizing meeting to be held sometime in the future, after planning has been completed and SEQRA has been adopted. He said if there are no further comments, I will now close this Public Hearing at 5:45 p.m.

Website Proposals – Discussion

  • Chairman Devitt said next is the discussion on the website.
  • Joseph Joy, CEO reviewed the two proposals he had obtained and said he was waiting for one more local proposal.
  • A discussion was held on the proposals, having a bill pay module, the Town’s website or a separate website for the IDA and being able to comply with the State authority Budget Office.
  • The board decided to wait for the local proposal and since there wasn’t a quorum they will discuss this at their next meeting.

Procurement Policy – Discussion

  • Chairman Devitt said since we don’t have a quorum we will table this for the next meeting.

Other Business

  • Chairman Devitt asked Joe Joy to read the email from Member Jennings stating she is considering leaving her position on the IDA.
  • Mr. Joy said that Matthew Stoddard was appointed to the IDA at the last town board meeting.
  • Attorney Mc Laughlin handed out a draft recapture policy to the board for their review.
  • The board decided to reschedule the July 9th meeting to the following Monday, July 16, 2018 at 5:30 p.m.

Second Vice Chairman Rainaldi motioned to adjourn the meeting, seconded by First Vice-Chairman Williams. All in favor, all ayes, Members Jennings and Winchell were absent, motion carried.