White Pine SEQR Resolution — White-Pine-SEQRA-Resolution-12-8-20.pdf ==================================================================== SEQRA RESOLUTION A regular meeting of the Onondaga County Industrial Development Agency (the “Agency’’) was convened in public session, remotely by conference call or similar service pursuant to New York State Executive Order 202.79 on December 8, 2020, at 8:00 a.m., local time. The meeting was called to order by the (Vice) Chairman of the Agency and, upon roll being called, the following members of the Agency were: PRESENT: Patrick Hogan Janice Herzog Victor Ianno Steve Morgan Susan Stanczyk Kevin Ryan ABSENT: Fanny Villarreal ALSO PRESENT: Robert M. Petrovich, Executive Director Jeffrey W. Davis, Esq., Agency Counsel Amanda M. Mirabito, Esq., Agency Counsel . The following resolution was offered by Susan Stanczyk, seconded by Janice Herzog, to wit: RESOLUTION CLASSIFYING A CERTAIN PROJECT AS A TYPE I ACTION, ISSUING A POSITIVE DECLARATION, AND DECLARING THE INTENT OF THE ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY TO BE LEAD AGENCY FOR THE PREPARATION OF A SUPPLEMENTAL GENERIC ENVIRONMENTAL IMPACT STATEMENT PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT WHEREAS, Onondaga County Industrial Development Agency (the “Agency”) is authorized and empowered by the provisions of Chapter 1030 of the 1969 Laws of New York, constituting Title 1 of Article 18-A of the General Municipal Law, Chapter 24 of the Consolidated Laws of New York, as amended (the “Enabling Act”), Chapter 435 of the Laws of 1970 of the State of New York and Chapter 676 of the Laws of 1975 of the State of New York, as amended (said Chapter and the Enabling Act being hereinafter collectively referred to as the “Act”) to promote, develop, encourage and assist in the acquiring, constructing, reconstructing, improving, maintaining, equipping and furnishing of manufacturing, warehousing, research, commercial and industrial facilities, among others, for the purpose of promoting, attracting and developing 1 21756812.1 economically sound commerce and industry to advance the job opportunities, health, general prosperity and economic welfare of the people of the State of New York, to improve their prosperity and standard of living, and to prevent unemployment and economic deterioration; and WHEREAS, to accomplish its stated purposes, the Agency is authorized and empowered under the Act to acquire, construct, reconstruct and install “projects” (as defined in the Act) or to cause said projects to be acquired, constructed, reconstructed and installed, and to convey said projects or to lease said projects with the obligation to purchase; and WHEREAS, the Agency currently owns White Pine Commerce Park (“Park”) located northeast of the intersection of NYS Route 31 and Caughdenoy Road in the Town of Clay, Onondaga County, New York; and WHEREAS, in an effort to transform the Park into a modern industrial park for advanced manufacturing and state-of-the-art industrial uses, the Agency previously performed a thorough environmental review of the Park and its anticipated environmental impacts pursuant to Article 8 of the Environmental Conservation Law of the State of New York, as amended, and the regulations of the Department of Environmental Conservation of the State of New York promulgated thereunder (collectively referred to hereinafter as “SEQRA”), which included, but was not limited to, the following: (1) classifying the Park project as a Type 1 action; (2) acting as Lead Agency for the purpose of a coordinated environmental review; (3) conducting necessary studies and holding required hearings in connection with the preparation of a Generic Environmental Impact Statement (“GEIS”) to address anticipated potential impacts associated with the proposed multi- use industrial park; (4) preparation of a subsequent Final GEIS (“FGEIS”) that incorporated the DGEIS by reference and included responses to public comments received; and (5) preparation and issuance by the Agency of a Findings Statement in October of 2013 that (a) concluded the project avoided or minimized adverse environmental impacts to the maximum extent practicable, (b) incorporated mitigation measures that were considered practicable, and (c) identified certain impact thresholds that, if exceeded, may require supplemental determinations of their significance and/or impact evaluation, and possibly mitigation measures in addition to those identified; and WHEREAS, since 2013, the Agency has attempted to market the Park for development around the country to potential manufacturing and industrial users, but those efforts have been unsuccessful and the Park remains vacant; and WHEREAS, through its marketing efforts and communications with desired tenants around the country, the Agency has determined that the Park is not geographically large enough and must be expanded significantly to be considered an attractive, viable location for prospective large- and small-scale manufacturing and industrial developers; and WHEREAS, to improve the Agency’s ability to market the Park to a larger, more diverse mix of large- and small-scale industrial, manufacturing, and commercial users, the Agency proposes to expand the existing Park to approximately 1,253 acres by acquiring approximately 800 additional acres to the north and east of the existing Park footprint, with such additional acreage comprised of certain parcels contiguous to the current Park, and which are generally located along 2 21756812.1 NYS Route 31 and the east and west sides of Burnett Road (the “Project” or “Action’”); and WHEREAS, pursuant to SEQRA, the Agency is required to make a determination whether the “action” (as said quoted term is defined in SEQRA) to be taken by the Agency may have a “significant impact on the environment” (as said quoted term is utilized in SEQRA) and the preliminary agreement of the Agency to undertake the Project constitutes such an action; and WHEREAS, pursuant to SEQRA (6 N.Y.C.R.R. § 617.9(7)(@), the Agency recognizes the proposed Project represents a significant change from the Park’s current footprint that presents changed circumstances from those evaluated by the Agency under its prior SEQRA review in 2013; and WHEREAS, the Agency has prepared and completed a Full Environmental Assessment Form (the “FEAF”) to aid in determining whether undertaking the Project requires a supplemental GEIS; and WHEREAS, the Agency has not approved the Project; and NOW, THEREFORE, be it resolved by the members of the Onondaga County Industrial Development Agency as follows: (1) Based upon an examination of the FEAF prepared for the Project, the criteria contained in 6 NYCRR §617.7(c), and based further upon the Agency’s knowledge of the area surrounding the Project, and such further investigation of the Project and its potential significant environmental impacts as the Agency has deemed appropriate, the Agency makes the following findings and determinations with respect to the Project pursuant to SEQRA: (A) The Project consists of the components described above in the seventh WHEREAS clause of this resolution. (B) The Project constitutes a “Type I Action” (as said quoted term is defined in SEQRA). (C) Based on its review and evaluation of the FEAF for the Project, a copy of which is attached hereto as Exhibit A, the Agency hereby determines that the Project represents a significant change from the Park’s current footprint and will result in changed circumstances from those previously evaluated by the Agency in the DGEIS/FGEIS, and the Agency hereby determines that the preparation of a Supplemental GEIS (“SGEIS”) is necessary to adequately identify and evaluate potential significant adverse impacts associated with the Project that are not addressed or are inadequately addressed in the existing DGEIS/FGEIS. (D) The Agency therefore determines that the Project requires that a supplement to the FGEIS be prepared, and, therefore, a Notice of Intent to prepare a 3 21756812.1 supplemental GEIS (i.e., a positive declaration) shall be issued, a copy of which is attached hereto as Exhibit B. (E) Asaconsequence of the foregoing, the Agency hereby declares its intent to act as “Lead Agency” (as said term is defined in SEQRA) with respect to a coordinated agency review of the Project pursuant to SEQRA, including the preparation of a SGEIS, as explained in the Notice of Intent attached hereto as Exhibit B. (F) The Agency’s counsel shall arrange for publication and distribution of this determination and notice of intent to be “Lead Agency” and is hereby authorized to take such actions as are necessary and appropriate to assist the Agency in fulfilling the requirements under SEQRA for the Project. (2) A copy of this Resolution, together with the attachments hereto, shall be placed on file in the office of the Agency where the same shall be available for public inspection during business hours. (3) This Resolution shall take effect immediately The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: AYE NAY ABSENT Patrick Hogan x Janice Herzog x Victor Ianno xX Steve Morgan x Susan Stanezyk x Kevin Ryan x Fanny Villarreal x The Resolution was thereupon declared duly adopted. 21756812.1 STATE OF NEW YORK ) ) $S.: COUNTY OF ONONDAGA ) I, the undersigned Secretary of the Onondaga County Industrial Development Agency, DO HEREBY CERTIFY that I have compared the annexed extract of the minutes of the meeting of the Onondaga County Industrial Development Agency (the “Agency”) held on December 8, 2020, with the original thereof on file in my office, and that the same (including all exhibits) is a true and correct copy of the proceedings of the Agency and of the whole of such original insofar as the same relates to the subject matters referred to therein. I FURTHER CERTIFY that (i) all members of the Agency had due notice of such meeting, (ii) pursuant to Section 104 of the Public Officers Law (Open Meetings Law), such meeting was open to the general public and public notice of the time and place of such meeting was duly given in accordance with such Section 104, (iii) the meeting was in all respects duly held, and (iv) there was a quorum present throughout. I FURTHER CERTIFY that, as of the date hereof, the attached resolution is in full force and effect and has not been amended, repealed or rescinded. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Agency this 8th day of December, 2020. (eee Baws Secretary (SEAL) 21756812.1