The Niagara County Legislature probably will not be able to vote today on transferring ownership of Inducon Industrial Park to the Industrial Development Agency, Assistant County Attorney Richard C. Kloch Sr. said.
Kloch said a few snags have developed, none of which will sink the plan but will likely keep it from reaching the floor of the Legislature this week.
The county foreclosed on the Wheatfield site because property taxes had not been paid for eight years. After no one bid on it during the Aug. 24 foreclosure auction, lawyers for the county and the IDA began working on a plan to have the IDA take the property over.
Kloch said a title search for the 151-acre Lockport Road site has revealed that M&T Bank has a lien on it. That means the bank must be given notice of the county's plans and the chance to pay off the $3.8 million in back taxes on the property.
Kloch and IDA Executive Director John R. Simon both said they were certain the bank would not be interested in doing so. But the matter must be taken care of, Kloch said.
Kloch also said the definition of the dividing line between the halves of the park must be drawn up in legal lingo by him and Ralph A. Boniello III, the IDA's lawyer. In the half of the park closest to Lockport Road, Simon's plan is to give two-thirds of the sale price of lots to the county. In the back half, where utilities are incomplete, the IDA would keep two-thirds of the prices.
The third hang-up is that the special five-member committee that the Legislature's Finance Committee created last week hasn't met yet.
Kloch said, "I really want to sit down with the committee." Its purpose is to receive information about the talks with the IDA and keep lawmakers updated on the details.
Kloch said no Democratic legislator has yet been appointed to serve.
Minority Leader John S. Tylec, D-North Tonawanda, said, "I thought we weren't going to establish it until (today)." He said he will have a member chosen then.
Legislature Chairman Gerald E. Meal, R-Royalton, is the Republican member, Kloch said. The other members are Kloch, County Treasurer David S. Broderick and Real Property Tax Services Director William F. Budde Jr.