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January 24, 2013 - City of Syracuse

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<strong>City</strong> <strong>of</strong> <strong>Syracuse</strong><br />

Industrial Development Agency<br />

333 West Washington St, Suite 130<br />

<strong>Syracuse</strong>, NY 13202<br />

Tel (315) 473‐3275 Fax (315) 435‐3669<br />

Minutes<br />

Industrial Development Agency<br />

Board <strong>of</strong> Directors Meeting<br />

Thursday <strong>January</strong> <strong>24</strong>, <strong>2013</strong> 9:00 A.M.<br />

Common Council Chambers – 304 <strong>City</strong> Hall<br />

233 East Washington St.<br />

<strong>Syracuse</strong>, NY 13202<br />

Board Members Present: William Ryan, John Gamage, Pamela Hunter, Donald Schoenwald, Esq.<br />

Excused: Catherine Richardson, Esq.<br />

Staff Present: Ben Walsh, Meghan Gaffey, Esq., Sue Katz<strong>of</strong>f, Esq., Judith DeLaney, Gregory Streeter,<br />

Debra Ramsey‐Burns.<br />

Others Present: John Lacey, Brenda Colella, Garth Coviello, Wendy Reese, Kerry Quaglia, Crystal<br />

Cosentino, Nicole Samolis, Kevin Samolis, Bruce Osterman, Brenda Colella, John Lacey, Marty<br />

Masterpole.<br />

I. Public Hearing–<br />

Strathmore Huntley Group, LLC<br />

Mr. Ryan opened the Public Hearing at 8:59 a.m. by reading verbatim the Notice <strong>of</strong> Public Hearing on<br />

the Strathmore Huntley Group, LLC Project. A copy <strong>of</strong> the Public Notice is included in the minutes.<br />

After reading the notice, Mr. Ryan asked if anyone in attendance wished to speak in favor <strong>of</strong> the Project.<br />

John Lacey, who identified himself as a representative <strong>of</strong> Huntley Strathmore Group, LLC, spoke in favor.<br />

Mr. Lacey said the Project would entail the reconstruction and renovation <strong>of</strong> 42 residential apartments,<br />

four <strong>of</strong> which will be available to residents with an income <strong>of</strong> 80% or less <strong>of</strong> the area median income.<br />

Noting the Project had been discussed at the last Board meeting, Mr. Lacey asked if there were any<br />

questions.<br />

There being no questions, Mr. Ryan asked an additional two times if anyone else wished to speak in<br />

favor <strong>of</strong> the Project. No one else spoke in favor <strong>of</strong> the Project.<br />

Mr. Ryan then asked if anyone in attendance wished to speak in opposition to the Project. No one spoke<br />

in opposition to the Project. Mr. Ryan than asked an additional two times if anyone wished to speak in<br />

opposition to the Project. No one spoke in opposition.<br />

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Mr. Ryan closed the Public Hearing at 9:04 a.m.<br />

II. Call Meeting to Order –<br />

Mr. Ryan called the meeting to order at 9:04 a.m.<br />

III. Roll Call –<br />

Mr. Ryan acknowledged that all Board members were present with the exception <strong>of</strong> Ms. Richardson,<br />

who was excused.<br />

IV. Pro<strong>of</strong> <strong>of</strong> Notice –<br />

Mr. Ryan noted the notice <strong>of</strong> the meeting had been timely and properly provided.<br />

V. Minutes –<br />

Mr. Ryan asked for a motion to accept the minutes from the December 18, 2012 Board <strong>of</strong> Directors<br />

meeting. Mr. Gamage made the motion. Mr. Schoenwald seconded the motion. ALL BOARD MEMBERS<br />

PRESENT UNANIMOUSLY ACCEPTED MINUTES FROM THE DECEMBER 18, 2012 BOARD OF DIRECTORS<br />

MEETING.<br />

VI. Committee Reports –<br />

Finance Committee Report<br />

Mr. Ryan said a meeting <strong>of</strong> the Finance Committee had been held immediately preceding the Board <strong>of</strong><br />

Directors meeting at 8:00 a. m. At that meeting the Finance Committee reviewed two requests for<br />

funding; one from CNY Affordable Properties, Inc., and the other from the <strong>City</strong> <strong>of</strong> <strong>Syracuse</strong> for the<br />

benefit <strong>of</strong> Bank Alley. He advised the Committee agreed to recommend to the Board approval <strong>of</strong> the<br />

scheduling <strong>of</strong> a Public Hearing and funding in the amount <strong>of</strong> $225,000 for the Bank Alley Project. He<br />

further advised several questions regarding the CNY Affordable Properties, Inc. request had arisen and<br />

Mr. Walsh would be meeting with individual Committee members to provide them with additional<br />

information on the Project. He said the Committee agreed to recommend a Public hearing be held on<br />

the Project pending those discussions.<br />

VII. New Business –<br />

Strathmore Huntley Group, LLC<br />

Ms. Katz<strong>of</strong>f told the Board they were being asked to approve resolutions undertaking the Project. She<br />

advised the first resolution for the Board’s consideration was a SEQRA resolution constituting the<br />

Project as an unlisted action, naming the Agency as Lead Agency for purposes <strong>of</strong> SEQRA, noting the<br />

Project would have no significant effect on the environment and authorizing the Agency to issue a<br />

negative declaration.<br />

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Mr. Ryan asked for a motion to approve the SEQRA Resolution. Mr. Schoenwald made the motion. Mr.<br />

Gamage seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY APPROVED A<br />

RESOLUTION CLASSIFYING A CERTAIN PROJECT AS AN UNLISTED ACTION PURSUANT TO THE STATE<br />

ENVIRONMENTAL QUALITY REVIEW ACT, DECLARING THE AGENCY LEAD AGENCY FOR PURPOSES OF<br />

AN UNCOORDINATED REVIEW THEREUNDER AND DETERMINING THAT THE PROJECT WILL NOT HAVE<br />

A SIGNIFICANT EFFECT ON THE ENVIRONMENT.<br />

Ms. Katz<strong>of</strong>f then asked the Board to approve an Inducement Resolution for the Project.<br />

There being no discussion, Mr. Ryan asked for a motion to approve an Inducement resolution for the<br />

Project. Mr. Schoenwald made the motion. Mr. Gamage seconded the motion. ALL BOARD MEMBERS<br />

PRESENT UNANIMOUSLY APPROVED A RESOLUTION UNDERTAKING THE ACQUISITION, RENOVATION<br />

AND EQUIPPING OF A CERTAIN PROJECT, APPOINTING THE COMPANY AS AGENT OF THE AGENCY FOR<br />

THE PURPOSE OF THE ACQUISITION, RENOVATION AND EQUIPPING OF THE PROJECT FACILITY AND<br />

AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BETWEEN THE AGENCY AND THE<br />

COMPANY.<br />

Ms. Katz<strong>of</strong>f said the next resolution for the Board’s consideration was a PILOT resolution. Mr. Walsh<br />

advised the Board the PILOT conforms to the Agency’s Uniform Tax Exemption Policy (UTEP).<br />

There being no discussion, Mr. Ryan asked for a motion to approve a PILOT resolution for the Project.<br />

Mr. Gamage made the motion. Mr. Schoenwald seconded the motion. ALL BOARD MEMBERS PRESENT<br />

UNANIMOUSLY APPROVED A RESOLUTION APPROVING A PAYMENT IN LIEU OF TAX SCHEDULE AND<br />

AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS BY THE AGENCY IN<br />

CONNECTION WITH A CERTAIN PROJECT UNDERTAKEN AT THE REQUEST OF THE COMPANY.<br />

Ms. Katz<strong>of</strong>f then asked the Board to approve a Final Resolution for the Project authorizing the Chairman<br />

to execute documents on behalf <strong>of</strong> the Agency. Mr. Ryan asked for a motion. Mr. Schoenwald made the<br />

motion. Ms. Hunter seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY APPROVED<br />

A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS BY THE<br />

AGENCY IN CONNECTION WITH A CERTAIN PROJECT UNDERTAKEN AT THE REQUEST OF THE<br />

COMPANY.<br />

Hotel Skyler, LLC<br />

Ms. Katz<strong>of</strong>f advised the Board they were being asked to approve a request by the Company to authorize<br />

the Agency’s participation in the execution <strong>of</strong> documents relative to a refinance <strong>of</strong> a first mortgage for<br />

the Project. She noted the project was originally undertaken by the Agency in 2010.<br />

There being no discussion, Mr. Ryan asked for a motion authorizing approval <strong>of</strong> the resolution. Mr.<br />

Gamage made the motion. Mr. Schoenwald seconded the motion. ALL BOARD MEMBERS PRESENT<br />

UNANIMOUSLY APPROVED A RESOLUTION APPROVING THE AGENCY’S PARTICIPATION IN THE<br />

REFINANCING OF THE CONSTRUCTION LOAN TO PERMANENT LOAN AT THE REQUEST OF THE<br />

COMPANY IN CONNECTION WITH THE COMPANY’S COSTS ASSOCIATED WITH THE PROJECT FACILITY<br />

AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH.<br />

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James Street Apartments, LLC<br />

Ms. Katz<strong>of</strong>f advised the Board the Company was requesting an extension <strong>of</strong> its sales tax appointment<br />

through December 31, <strong>2013</strong>. She noted the Project was well underway but the Company needed<br />

additional time for a full completion.<br />

As the Board members indicated their agreement, Mr. Ryan asked for a motion to approve the<br />

resolution. Mr. Schoenwald made the motion. Mr. Gamage seconded the motion. ALL BOARD<br />

MEMBERS PRESENT UNANIMOUSLY APPROVED A RESOLUTION APPROVING AN EXTENSION OF THE<br />

SALES TAX APPOINTMENT AGENT STATUS OF JAMES STREET APARTMENTS, LLC UNTIL DECEMBER<br />

31ST, <strong>2013</strong>.<br />

CNY Affordable Properties, Inc.<br />

Mr. Walsh advised the Board they were being asked to authorize a Public Hearing for the Project.<br />

He noted, as reported by Mr. Ryan previously, individual members <strong>of</strong> the Finance Committee had<br />

additional questions about the Project and he would be meeting with them to provide further<br />

information. Mr. Ryan noted the Committee agreed to authorize a Public Hearing with the<br />

understanding that it would reserve the right to cancel the Hearing if all members were not comfortable<br />

with the additional information provided.<br />

With the aforementioned understanding, Mr. Ryan asked for a motion to authorize a Public Hearing for<br />

the Project. Mr. Schoenwald made the motion. Ms. Hunter seconded the motion. ALL BOARD<br />

MEMBERS PRESENT UNANIMOUSLY APPROVED A RESOLUTION DETERMINING THAT THE GRANTING<br />

BY THE AGENCY OF A REIMBURSABLE GRANT TO THE COMPANY IN AN AMOUNT NOT TO EXCEED<br />

$500,000 IN CONNECTION WITH A CERTAIN ECONOMIC DEVELOPMENT PROJECT CONSTITUTES A<br />

PROJECT AND AUTHORIZING A PUBLIC HEARING.<br />

Bank Alley<br />

Mr. Walsh requested the Board authorize a Public Hearing for the Project. He noted, as reported by Mr.<br />

Ryan, the Finance Committee had reviewed the Project and was recommending the Board approve<br />

funding for the Project with an increase in the amount to $225,000.<br />

Mr. Ryan asked for a motion to approve a resolution authorizing authorizing a Public Hearing for the<br />

Project. Mr. Gamage made the motion. Mr. Schoenwald seconded the motion. ALL BOARD MEMBERS<br />

PRESENT UNANIMOUSLY APPROVED A RESOLUTION DETERMINING THAT THE ISSUANCE BY THE<br />

AGENCY OF A REIMBURSABLE GRANT TO THE CITY OF SYRACUSE IN AN AMOUNT NOT TO EXCEED<br />

$225,000 IN CONNECTION WITH A CERTAIN ECONOMIC DEVELOPMENT PROJECT CONSTITUTES A<br />

PROJECT AND AUTHORIZING A PUBLIC HEARING.<br />

Infinity Armory, LLC<br />

Mr. Walsh advised the Board they were being asked to authorize a Public Hearing for the Project. He<br />

briefly reviewed the Project noting it entailed the renovation <strong>of</strong> the largely vacant former Wells &<br />

Coverly building on South Salina Street at an anticipated cost <strong>of</strong> $2.9 million dollars. He then introduced<br />

4


an owner <strong>of</strong> the Company, Kevin Samolis, and asked that he briefly address the Board regarding the<br />

Project.<br />

Mr. Samolis said he and his wife Nicole, the owners <strong>of</strong> the Events Company, are undertaking the Project<br />

to acquire and renovate the building for use as a venue for social and corporate events. He noted they<br />

were excited to be part <strong>of</strong> the ongoing revitalization <strong>of</strong> Salina Street and anticipated the Project would<br />

be completed before the end <strong>of</strong> the year, creating an estimated 20 part time job positions.<br />

After some discussion Mr. Ryan asked for a motion to authorize a Public Hearing. Mr. Schoenwald made<br />

the motion. Ms. Hunter seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY<br />

APPROVED A RESOLUTION DETERMINING THAT THE ACQUISITION, RENOVATION, CONSTRUCTION<br />

AND EQUIPPING OF A CERTAIN PROJECT AT THE REQUEST OF THE COMPANY CONSTITUTES A PROJECT<br />

AND DESCRIBING THE FINANCIAL ASSISTANCE IN CONNECTION THEREWITH AND AUTHORIZING A<br />

PUBLIC HEARING.<br />

VIII.<br />

Other Business<br />

Mission Statement and Performance Measures<br />

Mr. Walsh advised the Board they were being asked to approve a proposed Mission Statement and<br />

establish performance measures for the Agency as required under the Public Authorities Law. He noted<br />

the proposals included in the Board’s Agenda packet were revised in discussions with Catherine<br />

Richardson, a Governance Committee member, after an initial review by that Committee.<br />

After a brief discussion Mr. Ryan asked for a motion to adopt the proposed Mission Statement and<br />

performance measures for the Agency. Mr. Gamage made the motion. Mr. Schoenwald seconded the<br />

motion. ALL BOARD MEMBERS UNANIMOUSLY APPROVED THE PROPOSED MISSION STATEMENT AND<br />

PERFORMANCE MEASURES AS PRESENTED.<br />

Acknowledgement <strong>of</strong> Fiduciary Duty<br />

Mr. Walsh noted the Board’s Agenda packet included an Acknowledgement <strong>of</strong> Fiduciary Responsibility<br />

required to be reviewed and signed by Board members under the Public Authorities Law. He asked that<br />

each Board member either sign or re‐sign the statement and return to him.<br />

Reschedule February <strong>2013</strong> Board Meeting<br />

Mr. Walsh noted it appeared the February Board meeting would need to be rescheduled. He said he<br />

would advise the Board <strong>of</strong> the date and time as soon as possible.<br />

IX. Executive Session –<br />

Mr. Ryan made a motion to move into executive session to discuss potential litigation involving Destiny<br />

USA. Mr. Schoenwald seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY<br />

APPROVED A MOTION TO MOVE INTO EXECUTIVE SESSION FOR DISCUSSION OF POTENTIAL<br />

LITIGATION AT 9:<strong>24</strong> A.M.<br />

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While in executive session a motion was made by Mr. Schoenwald to AUTHORIZE THE CHAIRMAN,<br />

WORKING WITH COUNSEL,TO EXECUTE THE NECESSARY DOCUMENTS, AND TO FILE THOSE<br />

DOCUMENTS WITH THE CITY OF SYRACUSE’S BOARD OF ASSESSMENT REVIEW, TO SEEK A REVIEW OF<br />

THE ASSESSED VALUES ON THE PARKING PARCELS IN FURTHERANCE OF ONGOING NEGOTIATIONS<br />

BETWENN SIDA,PYRAMID COMPANY OF ONONDAGA AND RELATED DESTINY ENTITIES AND FURTHER<br />

AUTHORIZE THE CHAIRMAN THROUGH COUNSEL TO CONTINUE ON WITH SETTLEMENT<br />

NEGOTIATIONS. The motion was seconded by Ms. Hunter. The motion was approved by a three to one<br />

majority. Mr. Ryan, Ms. Hunter, and Mr. Schoenwald voted in favor <strong>of</strong> the motion. Mr. Gamage voted<br />

against the motion.<br />

Ms. Hunter made a motion to move out <strong>of</strong> executive session. Mr. Schoenwald seconded the motion. ALL<br />

BOARD MEMBERS PRESENT UNANIMOUSLY APPROVED A MOTION TO MOVE OUT OF EXECUTIVE<br />

SESSION AT 10:30 A.M.<br />

X. Adjournment –<br />

There being no further business to discuss Mr. Ryan asked for a motion to adjourn the meeting. Ms.<br />

Hunter made the motion. Mr. Schoenwald seconded the motion. ALL BOARD MEMBERS PRESENT<br />

UNANIMOUSLY AGREED TO ADJOURN THE MEETING AT 10:33 A.M.<br />

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