NOTICE OF PUBLIC HEARING
ON PROPOSED PROJECT
AND FINANCIAL ASSISTANCE
RELATING THERETO
Notice is hereby given that a public hearing (the
“Public Hearing”) pursuant to Section 859-a(2) of the General Municipal Law of
the State of New York (the “Act”) will be held by the Allegany
County Industrial Development Agency (the “Agency”) on the 9th day of February,
2021 at 11:00 o’clock a.m., local time in connection with the Great Lakes Cheese Co., Inc.
Project, as described below. As a result
of the (1) ban on large meetings or gatherings pursuant to Executive Order
202.1 issued on March 12, 2020, as supplemented, (2) ban on non-essential
gatherings of individuals of any size for any reason pursuant to Executive
Order 202.10 issued on March 23, 2020, as supplemented and (3) suspension of
the Open Meetings Law relating to public hearings pursuant to Executive Order
202.15 issued on April 9, 2020, as supplemented, each as issued by Governor
Cuomo in response to the novel Coronavirus (COVID-19) pandemic, the Public
Hearing will be held electronically via conference call rather than in
person. Members of the public may attend
the Public Hearing by listening to and comment on the Project and the benefits
to be granted to Great Lakes Cheese Co., Inc. a State of Ohio business company
(the “Company”), by the Agency during the Public Hearing by calling
1-888-850-7158 and entering passcode 299146.
The Company submitted an application (the “Application”) to the Agency, a copy of which Application is on file at the office of the Agency, which Application requested that the Agency consider undertaking a project (the “Project”) for the benefit of the Company, said Project consisting of the following: (A) (1) the acquisition of an interest in a portion of several parcels of land totaling 210 acres located on Trianna Road (Tax map number 158.-1-31) and Old State Road (Tax map number 158.-1-2.1) in the Town of Amity and County Road 20 (Tax map number 145.-1-5.1) in the Town of Angelica, Allegany County, New York (collectively, the “Land”), (2) the construction on the Land of an approximately 486,000 square foot cheese manufacturing facility and an approximately 50,000 square foot waste water treatment facility, utility interconnections, site preparation, access roads and any other required improvements (all said improvements being collectively referred to as the “Facility”) and (3) the acquisition and installation therein and thereon of related fixtures, machinery, equipment and other personal property (the “Equipment”), all of the foregoing to constitute a cheese manufacturing facility to be owned and operated by the Company (the Land, Facility and the Equipment being collectively referred to as the “Project Facility”); (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.
The Agency is considering whether (A) to undertake the Project, and (B) to provide certain exemptions from taxation with respect to the Project, including (1) exemption from mortgage recording taxes with respect to any documents, if any, recorded by the Agency with respect to the Project in the office of the County Clerk of Allegany County, New York or elsewhere, (2) exemption from deed transfer taxes on any real estate transfers, if any, with respect to the Project, (3) exemption from sales taxes relating to the acquisition, construction, renovation and installation of the Project Facility, and (4) in the event that the Project Facility would be subject to real property taxation if owned by the Company but shall be deemed exempt from real property taxation due to the involvement of the Agency therewith, exemption from real property taxes (but not including special assessments and special ad valorem levies), if any, with respect to the Project Facility, subject to the obligation of the Company to make payments in lieu of taxes with respect to the Project Facility. If any portion of the Financial Assistance to be granted by the Agency with respect to the Project is not consistent with the Agency’s uniform tax exemption policy, the Agency will follow the procedures for deviation from such policy set forth in Section 874(4) of the Act prior to granting such portion of the Financial Assistance.
If the Agency determines to proceed with the Project,
the Project Facility will be acquired, constructed, reconstructed and installed
by the Agency and will be leased (with an obligation to purchase) or sold by the
Agency to the Company or its designee pursuant to a project agreement (the “Agreement”)
requiring that the Company or its designee make certain payments to the Agency.
The Agency will at said time and place hear all persons with views on either the location and nature of the proposed Project, or the Financial Assistance being contemplated by the Agency in connection with the proposed Project. A copy of the Application filed by the Company with the Agency with respect to the Project, including an analysis of the costs and benefits of the Project, is available for public inspection during business hours at the offices of the Agency. A transcript or summary report of the hearing will be made available to the members of the Agency.
Additional information can be obtained from, and
written comments may be addressed to: Dr. Craig Clark, Executive Director, Allegany
County Industrial Development Agency, Crossroads Commerce & Conference Center,
6087 State Route 19 N. - Suite 100, Belmont, New York 14813; Telephone: 585-268-7445.
Dated: January 25, 2021.
ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY
BY:_________________________________________
Dr. Craig Clark, Executive Director
