City of Syracuse Industrial Development Agency 333 West Washington St, Suite 130 Syracuse, NY Tel (315) Fax (315)

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1 City of Syracuse Industrial Development Agency 333 West Washington St, Suite 130 Syracuse, NY Tel (315) Fax (315) Minutes Board of Directors Meeting Tuesday August 13, :30 A.M. Common Council Chambers 304 City Hall 233 East Washington St. Syracuse, NY Board Member Present: William Ryan, John Gamage, M. Catherine Richardson, Esq., Donald Schoenwald, Esq. Excused: Pamela Hunter Staff Present: Ben Walsh, Thomas Babilon, Esq., Sue Katzoff, Esq., Judith DeLaney, Irene Goldych, Debra Ramsey Burns. Others Present: Joseph Girardi, Joseph Gehm, Methin Chutinthranond, Bruce Poushter, Esq., Luke Esposito, Chris Geiger, Scott Smith, Ploysong Chapman Media: Rick Moriarty I. Public Hearing C Mand Development, LLC Mr. Ryan opened the Public Hearing at 8:30 a.m. by reading verbatim the Notice of Public Hearing on the Project. A copy of the Public Notice is attached and included in the minutes. After reading the notice, Mr. Ryan asked if anyone in attendance wished to speak in favor of the Project. Bruce Poushter, who said he represented the Project as legal counsel, spoke in favor. Mr. Poushter noted the Project consisted of the gut rehab of the hundred year old former Onondaga Music building, located in the historic Armory Square district. He noted the upper three floors, now vacant, would be converted into market rate residential units, and the renovation plan for the building would fit the character of the neighborhood. Mr. Poushter asked if the Board members or others present had questions on the Project. There were no questions. Mr. Ryan then asked an additional two times if anyone else in attendance wished to speak in favor of the Project. No one else spoke in favor. Mr. Ryan then asked if anyone in attendance wished to speak in opposition to the Project. No one spoke in opposition. Mr. Ryan asked an additional two times if anyone wished to speak in opposition to the Project. No one spoke in opposition. Mr. Ryan closed the Public Hearing at 8:33 a.m. II. Call Meeting to Order

2 Mr. Ryan called the meeting to order at 8:34 a.m. III. Roll Call Mr. Ryan acknowledged all Board members were present with the exception of Ms. Hunter who was excused. IV. Proof of Notice Mr. Ryan noted notice of the meeting had been timely and properly provided. V. Minutes Mr. Ryan asked for a motion to approve the minutes from the July 16, 2013 meeting. Ms. Richardson made the motion. Mr. Schoenwald seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY APPROVED THE MINUTES FROM THE JULY 16, 2013 BOARD OF DIRECTORS MEETING. VI. New Business Mr. Ryan welcomed Tom Babilon of the City s Corporation Counsel Office, noting he would be replacing Meghan Gaffey as the Agency s in house counsel. Ms. Richardson asked Mr. Walsh if he would provide the Board members with a listing of all Agency owned properties. Mr. Walsh advised he would do so. COR Inner Harbor Company, LLC Mr. Kerwin advised the Board members they were being asked to approve a resolution accepting a final scope for a Draft Environmental Impact Statement (DEIS) relative to the Project. He noted a Public Hearing had been conducted on July 16, 2013 at which time a description of the Project and the DEIS draft scope prepared by the Company was discussed. At the hearing the public was afforded the opportunity to make both oral and written comments regarding the scope prior to it being finalized. Mr. Kerwin reported to the Board three comments, two written and one verbal had been received. He noted the comments would be reviewed by both the Company and the Agency s engineers. Ms. Richardson asked how long it would take to finalize the DEIS. Mr. Kerwin responded it would take several months to prepare. Mr. Gamage asked about the nature of the comments received from the public. Mr. Kerwin said comments were received from the Onondaga County Department of Water Environment Protection (WEP) regarding water issues and from Maren King, a professor at ESF. He advised he had discussed the comments with the Company s counsel and they would be addressed. Mr. Girardi, counsel for the Company, said they hoped to move the SEQRA process along as expeditiously as possible. There being no further discussion, Mr. Ryan asked for a motion approving the resolution. Mr. Gamage made the motion. Ms. Richardson seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY APPROVED A RESOLUTION ACCEPTING PURSUANT TO THE STATE ENVIRONMENTAL 2

3 QUALITY REVIEW ACT THE FINAL SCOPE FOR A DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR A CERTAIN PROJECT. C MAND Development, LLC Ms. Katzoff, noting a Public Hearing on the Project had just concluded, advised the Board they were being asked to approve resolutions authorizing the Agency to undertake the Project. She briefly described the Project saying it entailed the conversion and renovation of the former Onondaga Music Bldg. at South Clinton St. into a mixed use commercial and residential building. She advised the first resolution for the Board s consideration was a SEQRA resolution noting the Project was an unlisted action with no significant impact on the environment and declaring the Agency Lead Agency for purposes of SEQRA. There being no discussion, Mr. Ryan asked for a motion to approving a SEQRA Resolution for the Project. Ms. Richardson made the motion. Mr. Gamage seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY APPROVED A RESOLUTION CLASSIFYING A CERTAIN ACTION AS AN UNLISTED ACTION PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT, DECLARING THE AGENCY LEAD AGENCY FOR PURPOSES OF AN UNCOORDINATED REVIEW THEREUNDER AND DETERMINING THAT THE ACTION WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. Ms. Katzoff then asked the Board to approve an Inducement Resolution for the Project. She said the Project does not constitute a retail facility and the Board would be approving benefits in the form of mortgage recording and sales tax exemptions. She noted the sales tax exemption benefit was in an amount not to exceed $269, and that language outlining the dollar amount of the sales tax exemption benefit was referenced in both the Inducement Resolution and Agency Agreement. There being no discussion, Mr. Ryan asked for a motion to authorize an Inducement Resolution for the Project. Ms. Richardson made the motion. Mr. Gamage seconded the motion for the Project. ALL BOARD MEMBERS PRESENT UNANIMOUSLY APPROVED A RESOLUTION UNDERTAKING THE ACQUISITION, CONSTRUCTION, RENOVATION AND EQUIPPING OF A CERTAIN PROJECT, APPOINTING THE COMPANY AS AGENT OF THE AGENCY FOR THE PURPOSE OF THE ACQUISITION, RECONSTRUCTION, RENOVATION AND EQUIPPING OF THE PROJECT FACILITY AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BETWEEN THE AGENCY AND THE COMPANY. Ms. Katzoff then asked the Board to approve a Final Resolution for the Project. Mr. Ryan asked for a motion to approve a Final Resolution. Mr. Gamage made the motion. Ms. Richardson seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY APPROVED A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS BY THE AGENCY IN CONNECTION WITH A CERTAIN PROJECT UNDERTAKEN AT THE REQUEST OF THE COMPANY. Syracuse Fiber Recycling, LLC 3

4 Mr. Walsh advised the Board they were being asked to approve a resolution authorizing a Public Hearing for the Project. He noted the Board, at its July meeting, had approved a resolution authorizing the Agency to enter into an agreement with Empire State Development on behalf of the Company relative to a $375,000 grant application to the State s Environmental Investment Program. He advised the Company had now submitted an application for financial assistance and was seeking benefits from the Agency in the form of an exemption from sales tax for the proposed project. Ms. Richardson asked for clarification regarding the ownership structure and timing for Project completion. Mr. Walsh said he would look into it and advise. There being no further discussion, Mr. Ryan asked for a motion to approve the resolution. Mr. Schoenwald made the motion. Mr. Gamage seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY APPROVED A RESOLUTION DETERMINING THAT THE ACQUISITION, RECONSTRUCTION, RENOVATION AND EQUIPPING OF A COMMERCIAL MANUFACTURING FACILITY AT THE REQUEST OF THE COMPANY CONSTITUTES A PROJECT; DESCRIBING THE FINANCIAL ASSISTANCE IN CONNECTION THEREWITH; AND AUTHORIZING A PUBLIC HEARING. Evolution Rock + Fitness Syracuse, LLC Mr. Walsh advised the Board they were being asked to approve a resolution authorizing a Public Hearing for the Project. He briefly described the Project saying it entailed the acquisition of a vacant parcel at 3015 Erie Blvd., East and subsequent construction of a 13,300 sq. ft. building to be used as an indoor rock climbing and fitness center. He noted the Company estimated the cost of the Project to be $3,110,000 and anticipated 15 jobs would be created as a result. Ms. Katzoff advised as the Project use would be 100% retail, the Board would need to make a determination as to the appropriateness of the Agency to undertake it. Mr. Walsh then introduced two of the owners of the Company, Joseph Gehm and Luke Esposito and invited them to speak further about the Project. Mr. Gehm provided a handout to the Board which included a rendering of the proposed building and a comparison of other like facilities including size and geographical distance from the subject project. He noted there were no other similar facilities in the City or County, the closest being in Oswego which was much smaller. He said the facility would provide a variety of activities associated with the rock climbing sport and anticipated it would serve customers within a three to four hour driving range of the location. Ms. Richardson asked if the LLC had been formed yet. Mr. Gehm responded they were in the process of doing so. Ms. Katzoff asked where local clients interested in pursuing the sport went to do so now. Mr. Gehm responded most travel to Oswego which could be time consuming and expensive. She also advised the owners they would need to incorporate by the time of the next Agency Board meeting in September. After some further discussion by the Board, Mr. Ryan asked for a motion to approve the resolution. Mr. Schoenwald made the motion. Mr. Gamage seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY APPROVED A RESOLUTION DETERMINING THAT THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A COMMERCIAL FACILITY AT THE REQUEST OF THE COMPANY CONSTITUTES A 4

5 PROJECT; DESCRIBING THE FINANCIAL ASSISTANCE IN CONNECTION THEREWITH; AND AUTHORIZING A PUBLIC HEARING. Genesee Armory, LLC Ms. Katzoff told the Board the Agency had received a request from the Company to terminate the Agency s interest in the Project. Noting the Project also known as Copper Beech Commons was complete she said the Board was being asked to approve a resolution authorizing the Chairman to execute documents relative to the termination. There being no discussion, Mr. Ryan asked for a motion to approve the resolution. Ms. Richardson made the motion. Mr. Schoenwald seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY APPROVED A RESOLUTION APPROVING THE AGENCY S EXECUTION OF COMPANY LEASE AND AGENCY LEASE TERMINATIONS AND RELATED DOCUMENTS. The Inns at Armory Square Ms. Katzoff advised the Board they were being asked to approve a resolution authorizing an extension of the Company s sales tax appointment through December 31, Noting the Project was near completion she said the Company had advised they were requesting the extension to address the purchase of some additional furniture and fixtures damaged in shipment. She said the value of the exemption would not exceed $7, Ms. Richardson, commenting on the Contract Status Report provided by the Company said she was pleased to see a great deal of the investment in the Project stayed in Central New York. Mr. Ryan said he had attended the grand opening of the Hotels and felt the Project was a great addition to downtown. There being no further discussion, Mr. Ryan asked for a motion to approve the resolution. Mr. Schoenwald made the motion. Ms. Richardson seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY APPROVED A RESOLUTION APPROVING AN EXTENSION OF THE SALES TAX APPOINTMENT AGENT STATUS OF THE INNS AT ARMORY SQUARE, LLC UNTIL DECEMBER 31, VII. Executive Session Ms. Richardson made a motion to go into executive session at 9:04 a.m. for the Discussion of Property Acquisition. Mr. Schoenwald seconded the motion. Mr. Schoenwald made a motion to come out of Executive session at 9:34 a.m. Mr. Richardson seconded the motion. VIII. Adjournment There being no further business to discuss, Mr. Ryan asked for a motion to adjourn the meeting. Mr. Gamage made a motion. Ms. Richardson seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY APPROVED TO ADJOURN THE MEETING AT 9:35A.M. 5

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