January 24, 2013 - City of Syracuse
January 24, 2013 - City of Syracuse
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 />
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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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