Machine-extracted (OCR) from the official document — formatting is approximate; the official copy governs.
RESOLUTION A special meeting of the Onondaga County Industrial Development Agency convened in public session on November 29, 2022, at 8:00 a.m., local time at 333 West Washington Street, Syracuse, New York. 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 Janno Susan Stanezyk Kevin Ryan Fanny Villarreal ABSENT: Steve Morgan ALSO PRESENT: Robert M. Petrovich, Executive Director Jeffrey W. Davis, Esq., Agency Counsel The following resolution was offered by Victor Ianno, seconded by Janice Herzog, to wit:
RESOLUTION AUTHORIZING AMENDMENT TO SERVICE AGREEMENT 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”) and Chapter 435 of the Laws of 1970 of the State of New York and Chapter 676 of the Laws of 1975, as amended, constituting Section 895 of said General Municipal Law (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 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 (the “State”), to improve their prosperity and standard of living, and to prevent unemployment and economic deterioration; and
WHEREAS, the Agency currently owns and is developing White Pine Commerce Park (the “Park”) located northeast of the intersection of NYS Route 31 and Caughdenoy Road, including the expansion to areas north and east generally located along NYS Route 31 and the east and west sides of Burnet Road, all in the Town of Clay, Onondaga County, New York; and WHEREAS, pursuant to a resolution of the Agency duly adopted on February 7, 2017, the Agency appointed the firm of O’Brien & Gere (which firm subsequently merged into Ramboll, is 25500033 now known as Ramboll and is hereinafter referred to as the “Engineer’) to facilitate engineering studies necessary in connection with development of the Park; and WHEREAS, the Agency and the Engineer entered into that certain professional services agreement on March 20, 2017 (the “Original Agreement”) to memorialize the terms of the engineering studies the Engineer would provide the Agency in connection with development of the Park, as amended pursuant to a September 13, 2022 resolution of the Agency by an amendment to the Service Agreement (the “Service Agreement Amendment” and collectively with the Original Agreement, the “Service Agreement”); and WHEREAS, pursuant to the Service Agreement, the Engineer may procure, select, plan, coordinate and oversee subcontractors in connection with providing the services under the Service Agreement; and
WHEREAS, in order to further support the continued development of the Park, pursuant to resolution of the Agency adopted on November 8, 2022, the Agency authorized the Engineer to procure, select, coordinate and oversee subcontract(s) for survey and topographic work at the Park, within the scope of the Service Agreement; and WHEREAS, the Engineer has procured two bids and selected a subcontractor, and will coordinate and oversee such subcontractor, for survey and topographic work at the Park, within the scope of the Service Agreement; WHEREAS, the Agency and the Engineer desire to amend the Service Agreement to increase the contract amount by $109,700.00 for survey and topographic work at the Park (such amendment to the Service Agreement, the “Service Agreement Survey and Topographic Amendment”). WHEREAS, in accordance with the requirements of Article 8 of the Environmental Conservation Law, Chapter 43-B of the Consolidated Laws of New York as amended (the “SEQR Act”) and the regulations (the “Regulations”) adopted pursuant thereto by the Department of Environmental Conservation of the State of New York being 6 NYCRR Part 617, as amended (the “Regulations collectively with the SEQR Act, “SEQRA”), the Agency has reviewed the Proposed Service Agreement Survey and Topographic Amendment with respect to the Type II criteria set forth in 6 NYCRR Part 617.5(c).
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY AS FOLLOWS: Section 1. The Service Agreement Survey and Topographic Amendment is a Type II action under 6 NYCRR Part 617(c) such that no further review of the Proposed Action is required under SEQRA. Section 2. The Agency hereby approves the execution and delivery of the Service Agreement Survey and Topographic Amendment. 25500033 Section 3. The Executive Director of the Agency is hereby authorized, on behalf of the Agency and upon the advice of the Agency’s counsel, to execute and deliver the Service Agreement Survey and Topographic Amendment, in a form to be approved by the Executive Director, upon the advice of Agency counsel, the execution thereof to constitute conclusive evidence of such approval. Section 4. 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 anno x Steve Morgan x Susan Stanczyk x Kevin Ryan x Fanny Villarreal Xx The Resolution was thereupon declared duly adopted. 25500033
STATE OF NEW YORK ) ) ss.t COUNTY OF ONONDAGA ) I, the undersigned Secretary of the Onondaga County Industrial Development Agency (the “Agency”), DO HEREBY CERTIFY that I have compared the foregoing extract of the minutes of the meeting of the members of the Agency, including the Resolution contained therein, held on November 29, 2022 with the original thereof on file in my office, and that the same is a true and correct copy of such proceedings of the Agency and of such Resolution set forth therein and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that (A) all members of the Agency had due notice of said meeting, (B) said meeting was in all respects duly held, (C) pursuant to Article 7 of the Public Officers Law (the “Open Meetings Law”), said meeting was open to the general public and due notice of the time and place of said meeting was duly given in accordance with such Open Meetings Law, and (D) there was a quorum of the members of the Agency present throughout said meeting. 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 this A 7 day of November, 2022. Pw, Amory (SEAL) Secretary G 6) 25500033