Typeset from the PDF of the official document (read by OCR) — headings, motions and recorded votes are detected automatically, so spacing may differ from the original. The official copy governs.
PHONE: 315.435.3770 FAX: 315.435.3669 ONGOVED.COM Meeting Agenda July 13, 2021 8:00 AM Call to Order the Meeting of the Agency A. Approval of Minutes-June 8, 2021 B. Treasurer’s Report C. Payment of Bills D. Conflict of Interest Action Items 1. Ultra Dairy Expansion –Wastewater Treatment Plant (3101-21-11H) Initial Meeting Ultra Dairy, LLC, located in the Town of Dewitt is proposing to construct a wastewater treatment facility with a tanker wash. This project will involve capital expenditures of approximately $6.4 million and will create a total of 10 new full time jobs. The applicant is requesting exemptions from certain sales and use taxes, real property taxes and real estate transfer taxes.
Agency Action Requested:
a. A Resolution of the Board to authorize a Public Hearing Representative: Jim Gosier, Counsel, Byrne Dairy
Agency Action Requested:
a. Resolution of the Board authorizing the Executive Director to execute an Amendment to the Brownfield Site Cleanup Agreement in connection with the 800 Hiawatha Boulevard West Site.
Representative: Jeff Davis, Agency Counsel, Barclay Damon 3. Consideration of Acceptance of the Final Supplemental Generic Environment Impact Study.
Agency Action Requested:
a. Resolution of the Board determining the Final Supplemental Generic Environmental Impact Statement Complete and authorizing the Chairman, Executive Director and Legal Counsel to take all necessary steps to comply with publication, notification and filings of the State Environmental Quality Review Act Representative: Jeff Davis, Agency Counsel, Barclay Damon 4. OCIDA Special Board Meeting to be held Tuesday, July 27, 2021.
Adjourn Page1
Onondaga County Industrial Development Agency Regular Meeting Minutes June 8, 2021 A regular meeting of the Onondaga County Industrial Development Agency was held on Tuesday, June 8, 2021 via Zoom Teleconference.
Patrick Hogan called the meeting to order at 8:00 am with the following:
PRESENT:
Patrick Hogan Janice Herzog Victor Ianno Steve Morgan Susan Stanczyk Kevin Ryan Fanny Villarreal
ABSENT:
Sue Stanczyk Kevin Ryan
ALSO PRESENT:
Robert Petrovich, Executive Director Nancy Lowery, Secretary Nate Stevens, Treasurer Karen Doster, Recording Secretary, Agency Rebecca Shiroff, Office of Economic Development Daniel Bonsangue, Office of Economic Development Jeff Davis, Barclay Damon Law Firm Amanda Fitzgerald, Barclay Damon Law Firm James Trasher, CHA Consulting Wendy Lougnot, Ranalli Super DC, LLC (Patrick Hogan shared information as to how the meeting will be conducted in light of COVID-
APPROVAL OF REGULAR MEETING MINUTES – APRIL 29, 2021, May 6, 2021, May 11,
Upon a motion by Janice Herzog, seconded by Victor Ianno, the OCIDA Board approved the regular meeting minutes of April 29, 2021, May 6, 2021 and May 11, 2021 meetings. Fanny Villarreal abstained. Motion was carried.
Page2 TREASURER’S REPORT Nate Stevens gave a brief review of the Treasurer’s Report for the month of May 2021. Upon a motion by Victor Ianno, seconded by Janice Herzog, the OCIDA Board approved the Treasurer’s Report for the month of May 2021. Motion was carried.
Nate Stevens gave a brief review of the Payment of Bills Schedule #457.
Patrick Hogan asked if we are up to date on all payments. Nate Stevens stated yes.
Upon a motion Janice Herzog, seconded by Victor Ianno, the OCIDA Board approved the Payment of Bills Schedule #457 for $1,263, 213, PILOT payments to the City of Syracuse for $411.36, Onondaga County for $1,220.36, Town of Dewitt for $140.76, East Syracuse Minoa School District for $747.66 and Syracuse Central School District for $1489.21. Motion was carried.
The Conflict of Interest was emailed to Board Members present to sign off.
James Trasher stated he is from CHA representing Ranalli Super DC, LLC and their affiliates. He stated Wendy Lougnot from Costello Cooney and Fearon is present as well. (He did a screen share of the proposed project). He stated they are in the approval process with the Town of Lysander for the construction and they are going through the complete master plan. He stated it is 1,007,500 square feet (building) and located on the intersection of 690 and Hencle Boulevard. He stated it is zoned industrial. He stated there are 3 parcels being combined into one as part of the project. He stated they are before the Board today with the first phase of the project which is the construction of 364,000 square feet for United Auto Supply to open and add new lines of Page3 2 service to their auto warehouse distribution facility. He stated e-commerce, manufacturing lines are looking to come into the facility and based on current warehousing they can’t accept those. He stated they want to go to a larger scale for trucks and heavy highway type vehicles and the expansion would allow for that. He stated they are working with the State DOT on curb cuts and cleared the site with State Historic Preservation Office. He stated they have been working with the DEC and did wetland delineations. He stated their plan is to have SEQR completed with the Town of Lysander and approvals by their July meeting. He stated they are requesting mortgage recording tax, sales tax and a PILOT. He stated the initial phase shown in the application of this project would create approximately 125 new jobs in the area. He stated they believe it is a benefit. He stated United Auto Supply is a local business that started 50 plus years ago. He stated it has grown, is now around the northeast and it is good to keep a local business owner in the area. He stated this is their next step in growth.
Wendy Lougnot stated we are in the midst of the approvals through the Town and SEQR should be completed in the next month.
Jeff Davis asked if the Town is doing a coordinated SEQR review. James Trasher stated yes. Jeff Davis asked if the SEQR review is on the 1 million square feet or just Phase 1 for the 354,000 square feet. James Trasher stated the review is on the 1 million square feet. Janice Herzog stated it was mentioned United Auto Supply might include a new manufacturing line and asked what that would be. She asked if they currently manufacture items or just a distributor. James Trasher stated they are just a distributor. He stated they use heavy highway freight liner trucks and things like that and they currently don’t have breaks, mufflers systems and pipes for those. He stated there are things based on the size of the distribution that manufacturers want them to distribute but they don’t currently have capacity in their warehouse so this would allow them to bring on new lines and expand their offerings from a warehouse distribution stand point.
Janice Herzog asked if they are manufacturing them at the facility and just distributing new manufacturing lines. James Trasher stated yes.
Page4 3 Janice Herzog stated in the EAF it talks about potential leases. She stated it reads additional phases will be constructed as demand is necessary to serve the needs of United Auto Supply or potential leases. She asked if that would be individuals or companies that United Auto Supply would lease to in that space. James Trasher stated yes potentially. Wendy Lougnot stated the expectation is that United Auto Supply will utilize the entire 364,000 square feet. She stated as additional phases are added, there is potential to lease out to other entities but they are just keeping that open at this point because they don’t know what the exact needs will be for additional space down the road.
Amanda Fitzgerald stated those portions are not included in this part of the project. Janice Herzog asked if the next phases would come before the Board if there was a plan to lease to another entity. She asked would it be discussed at that point. Amanda Fitzgerald stated yes. Fanny Villarreal stated in the application it says they are planning to hire 50 associates for the warehouse and asked if those are full time. James Trasher stated they are full time plus. He stated currently they run two shifts every day except Christmas and Thanksgiving. He stated there would be management and warehouse level full time positions. He stated they’re all FTEs. Patrick Hogan stated Ranalli has a large warehouse on the near west side of the city and they make a real effort to engage in the immigrant community as far as hiring laborers. He stated they are great for the community and very invested in those neighborhoods. He stated they don’t just put a warehouse up and forget about the neighborhood and they do a great job as far as neighborhood engagement goes.
Patrick Hogan asked where they are in the planning process. James Trasher stated in terms of the approval process it is appropriately zoned industrial, so they are in front of the planning board for site plan approval. He stated it is a by right and no variances are needed. He stated they have a planning board meeting this Thursday if any of the board members would like to attend. He stated in full transparency some of the neighbors in the area are in opposition to the project. He stated not every project is going to be looked at 100% favorable. He stated in the Town of Lysander it is the last zoned industrial piece. He stated Ranalli Super DC, LLC purchased all the industrially zone land and they are just completing the SEQR process. He stated their hope was to have it completed on June 10 but they are still waiting final comments Page5 4 on the traffic impact study from the County and State DOT. He stated once they get those letters that the proposed mitigation for the project is acceptable, SEQR should be wrapped up with a negative declaration. He stated by July 13 when they have a public hearing, SEQR should be completed and should have site plan approval from the Town of Lysander.
Janice Herzog stated in the application it is listed that all phases have a completion date of 2025 and asked what the completion date for the first phase is. James Trasher stated the end of next year with site work starting this year. He stated with building costs and the allocation of steel right now it is tough to get steel. He stated once it is priced appropriately and available they will start construction of Phase 1. He stated the game plan is end of 2022 to have the first phase operational.
Janice Herzog asked if the land was already purchased and was anything there like agriculture. James Trasher stated the field was farmed by CNY Crops for years as a leased piece of land. He stated it is not in an ag district and was farmed by the Melvins. He stated it was 40 acres used to plant soy beans or corn.
Victor Ianno asked if this was part of the overall master plan of Radisson to put industrial and commercial stuff out in the back. He stated this is just filling out the project that was originally planned. James Trasher stated yes and the Town of Lysander had the property industrial zoned and has been that way for 20 plus years with no one coming in but based on the development of the area it is now ready for development. He stated with conversations with Bob Wicks, of the
Planning Board, it is perfectly set up for this type of development.
Victor Ianno stated it is a home run for the entire community. He stated Ranalli is a local business and could easily be lured away and he is investing here more and more all the time. He stated good project and congratulations.
Pat Hogan asked what the hourly wage is. James Trasher stated starting pay for warehouse is about $20 an hour. Nate Stevens stated there is a detailed chart in the meeting packet. Upon a motion by Victor Ianno, seconded by Fanny Villarreal, the OCIDA Board approved a resolution to hold a public hearing for the Ranalli Super DC, LLC project. Motion was carried. Page6 5
Jeff Davis stated the special meeting of the board will be for consideration of the Final Supplemental GEIS for the White Pine site. He stated we will put this as a holding date. He stated the comment period is still open until the 11th. He stated we have received several comments. He stated the public hearing was held last week and there are comments that need to be responded to. He stated the working group will meet to discuss those. He stated we will put this on as a meeting to discuss the Final Supplemental GEIS.
The July 20, 2021 meeting is being moved to July 13, 2021.
Robert Petrovich stated he originally thought staff would be out of town that week at a conference but the conference is not happening so he would like to move the meeting up back to the originally anticipated date of the second Tuesday of the month.
Upon a motion by Victor Ianno, seconded by Janice Herzog, the OCIDA Board adjourned the meeting at 8:28 am. Motion was carried.
_________________________________ Nancy Lowery, Secretary Page7 6
PHONE: 315.435.3770 • FAX: 315.435.3669 June 30, 2021
Revenue / Expense / Income Current Period Current YTD Amount Change to Budget Operating Revenue 30 1,017,021 1,646,000 (628,979) Administrative Expense 48,658 236,828 1,008,000 (771,172) Operating/Program Exp. 17,259 288,911 638,000 (349,089) Net Ordinary Income (65,887) 491,282 - 491,282 Current Assets Current YTD Prior YTD Total Cash 3,878,424 4,820,460 Less Pass Through Received 161,407 34,779 Available Cash 3,717,018 4,785,681 Receivables (less pass through rec.) 279,520 971,664 Grant Reimbursements - 268,733 Total 3,996,538 6,026,078 Reserve for Contracts County Operations 2021 771,172 333 W. Washington St 2021 Rent 50,015 OBG WPCP CO #4 Additional Studies 418,947 JMT 800 Hiawatha Engineering 11,816 Barclay Damon WPCP Options 50,000 Total 1,301,951 Receivables 0-120 days 57,496 > 120 days 222,024 Total 279,520 Page8 Onondaga County Industrial Development Agency Profit and Loss June 2021
Income
2401 Interest Income 29.53 Total 501 Non-Operating Revenue 29.53
529 PILOT Income 161,406.80 Total 534 Pilot & Pass Thru Revenue 161,406.80 Total Income $161,436.33 GROSS PROFIT $161,436.33 Expenses
6404 Audit 14,000.00 6407 Administrative Expense 48,658.09 6408 Meeting Expenses 270.94 6409 Conference Attendence 1,354.16 6410 Office Expense 303.85 Total 6400 Operating Expense 64,587.04
6445.01 Blue Rock BS&K 320.00 Total 6445 Special Counsel 320.00
6460 IDA General Legal 337.50 Total 6450 Barclay Damon 337.50 Total 6440 Legal Fees 657.50
6510.7 WPCP Marketing 657.12 Total 6510 White Pine Commerce Park 657.12 6530 800 Hiawatha Blvd. West 6530.3 Engineering 14.95 Total 6530 800 Hiawatha Blvd. West 14.95 Total 6500 Agency Program Expenses 672.07
6605.2 PILOT Expense 161,406.80 Total 6605 Pilot & Pass Thru Expenses 161,406.80 Total 6600 Non-Operating Expenses 161,406.80 Total Expenses $227,323.41 NET OPERATING INCOME $ -65,887.08 NET INCOME $ -65,887.08 Page9 Accrual Basis Thursday, July 8, 2021 11:21 AM GMT-04:00 1/1 Onondaga County Industrial Development Agency Balance Sheet As of June 30, 2021
Current Assets Bank Accounts 200 Cash 0.00 200.1 Cash - M & T Checking 2,993,966.87 200.2 Cash - M & T Money Maker Savings 890,365.41 200.4 Destiny USA Restricted Cash -8,957.82 210 Petty Cash 50.00 Total 200 Cash 3,875,424.46 Total Bank Accounts $3,875,424.46 Accounts Receivable 380 Accounts Rec.
380.6 A/R Fees, Lease & PILOT 57,495.99 Total 380 Accounts Rec. 57,495.99 Total Accounts Receivable $57,495.99 Other Current Assets 391 Long Tern Receivable 222,024.00 Total Other Current Assets $222,024.00 Total Current Assets $4,154,944.45 Page10 Accrual Basis Thursday, July 8, 2021 11:22 AM GMT-04:00 1/4 Onondaga County Industrial Development Agency Balance Sheet As of June 30, 2021
Fixed Assets
101 White Pines Commerce Park 3,305,401.50
101.101 CHA GEIS 1 267,452.05 101.102 CHA GEIS 2 219,439.36 101.104 GEIS Reg Plan Board Overview 19,797.74 Total 101.1 WPCP GEIS 506,689.15 101.2 WPCP Legal 69,774.25 101.3 Engineering Services 52,675.00 101.301 Temporary Access 4,055.44 101.4 Environmental/Demo Services 10,318.98 Total 101.3 Engineering Services 67,049.42
101.501 Land Purchases 1,160,063.57 101.502 Closing Costs 3,168.14 Total 101.5 Land Acquisition Costs 1,163,231.71 Total 101 White Pines Commerce Park 5,112,146.03 106 North Salina Properties 0.00 106.1 435 North Salina 17,083.55 106.3 435 North Salina Building 634,421.53 Total 106 North Salina Properties 651,505.08 107 800 Hiawatha 604,840.42 Total 100 Land 6,368,491.53
104.1 Office Furniture 1,429.00 104.2 Equipment 1,432.40 Total 104 Machinery & Equipment 2,861.40 211 A/D Office Furniture -2,862.00 213 A/D Buildings -81,335.00 Total Fixed Assets $6,287,155.93 Other Assets 240 Blue Sky Redevelopment 1,641.76 Total Other Assets $1,641.76 TOTAL ASSETS $10,443,742.14 Page11 Accrual Basis Thursday, July 8, 2021 11:22 AM GMT-04:00 2/4 Onondaga County Industrial Development Agency Balance Sheet As of June 30, 2021
Liabilities Current Liabilities Other Current Liabilities 600 Accounts Payable 0.00 600.1 Due to Related Party - OED 236,828.28 600.206 Mileage Reimbursement 92.34 600.208 BlueRock Energy Agreement Deposit 25,000.00 600.209 Syracuse Rail Overpayment 500.00 Total 600 Accounts Payable 262,420.62
603 PILOT Pass Thru 8,018.69 604 Other Pass Thrus 74,063.70 Total 601 PILOT and Pass Thru Payable 82,082.39
631.105 Camillus -20.00 631.12 Dewitt -281.52 Total 631.1 Towns -301.52
631.305 Baldwinsville 1.00 631.315 East Syracuse-Minoa -1,495.32 631.325 Jamesville-Dewitt 26.64 631.356 Syracuse 69,293.46 631.36 West Genesee -0.01 Total 631.3 Schools 67,825.77 631.4 Onondaga County 47,377.54 631.5 City of Syracuse 38,493.92 Total 631 Due to Other Governments 153,395.71 Total Other Current Liabilities $497,898.72 Total Current Liabilities $497,898.72 Total Liabilities $497,898.72 Equity 3900 Equity Unreserved 6,735,894.07 3901 Equity-Investment Fixed Assets 2,345,838.63 463 Reserve For Contracts 1,301,950.91 465 Equity - Unreserved -929,121.91 Page12 Accrual Basis Thursday, July 8, 2021 11:22 AM GMT-04:00 3/4 Onondaga County Industrial Development Agency Balance Sheet As of June 30, 2021
Net Income 491,281.72 Total Equity $9,945,843.42 TOTAL LIABILITIES AND EQUITY $10,443,742.14 Page13 Accrual Basis Thursday, July 8, 2021 11:22 AM GMT-04:00 4/4
PAYMENT OF BILL - SCHEDULE #458 July 13, 2021
1. RAMBOLL AMERICAS ENGINEERING SOLUTIONS, INC. $ 82,091.32 Inv#1940005855, 1940006482 & 1940006878, WPCP Engineering 2. PARK STRATEGIES, LLC $ 2,500.00 Inv#16584779, June 2021 Consulting 3. TJMG PROPERTIES, LLC $ 235.05 Inv#1337-0521, 8739 Burnet House Shutdown 4. BARCLAY DAMON LLP $ 1,797.95 Inv#5115116, 5122302 & 5127004, General Legal thru 5-31-21 5. BOND, SCHOENECK & KING, PLLC $ 2,518.75 Inv#19872370, BlueRock Legal thru 5-31-21 6. ONONDAGA CIVIC DEVELOPMENT CORP. $ 15,323.81 Inv#1115 & 1116, 2nd Quarter 2021 Rent & Office Machine 7. JMT OF NEW YORK, INC. $ 1,582.50 Inv#27-102753, Roth Brownfield Cleanup 8. COMMISSIONER OF FINANCE $ 1,658.59 2021 Taxes; 435 N. Salina & Roth 9. ADVANCE MEDIA NEW YORK $ 447.60
10. OCWA $ 28.49 Inv#25306218, Final Bill 8739 Burnet Road 11. FEDEX $ 22.31 Inv#7-403-22689, Shipping 1 Page14 Schedule #458 12. BARCLAY DAMON $ 50,000.00 WPCP Options Agreement 3rd Payment TOTAL $ 158,206.37 2 Page15
PAYMENT OF BILL - SCHEDULE #458 July 13, 2021 PILOT Payments 1. CITY OF SYRACUSE $ 39,316.64
2. ONONDAGA COUNTY $ 49,818.26
3. SYRACUSE CSD $ 72,271.90
TOTAL $ 161,406.80 1 Page16
DESCRIPTION TERM CONTRACT PAID OUTSTANDING ONONDAGA COUNTY OED 2021 1-1-21-12-31-21 $1,008,000.00 $236,828.28 $771,171.72 333 W. WASHINGTON ST 2021 RENT 1-1-21-12-31-21 $65,000.00 $14,984.58 $50,015.42 OBG WPCP CO #4 ADDITIONAL STUDIES 11-30-18-12-31-21 $800,000.00 $381,052.63 $418,947.37 JMT 800 HIAWATHA ENGINEERING 2/13/19-12-31-21 $25,000.00 $13,183.60 $11,816.40 BARCLAY DAMON WPCP OPTIONS 11/30/20-12-31-21 $200,000.00 $150,000.00 $50,000.00 $2,098,000.00 $796,049.09 $1,301,950.91
AGENCY FEES RECEIVABLE $57,496.00 ACCOUNTS RECEIVABLE GENERAL $0.00 QUASI-EQUITY LOAN RECEIVABLE $0.00 GRANTS RECEIVABLE $0.00 LONG TERM RECEIVABLE $222,024.00 TOTAL $279,520.00 Page17 Onondaga County Industrial Development Agency Draft Project Summary 6/30/2021 1. Project Ultra Dairy, LLC (Wastewater 2021 Expansion) 2. Project Number 3101-21-11H 3. Location Dewitt 4. School District ESM
5. Tax Parcel(s) 042.-13-05.1 Village - 7.Total Project Cost $ 6,420,859.00 8. Total Jobs 223 Land $ - 8A. Job Retention 213 Site Work $ - 8B: Job Creation 10 Building $ 3,609,704 (Next 5 Years) Furniture & Fixtures $ - Equipment $ 2,137,301 Equipment Subject to NYS Production Exemption $ - Engineering/Architecture Fees $ 129,000 Financial Charges $ - Legal Fees $ - Other $ 544,854 Cost Benefit Analysis Ultra Dairy, LLC (Wastewater 2021 Expansion) Project Description Fiscal Impact ($) Estimated Abatement Cost $433,677 Sales Tax Abatement $180,000 Mortgage Recording Tax Abatement $0 Real Property Tax Relief $253,677 New Investment $12,378,733 PILOT Payments $221,664 Project Wages (10 years) $7,047,738 Ultra Dairy is proposing to construct a wastewater feature at their existing facility in th Town of Construction Wages $870,600 Dewitt. Employee Benefits (10 years) $563,819 Project Capital Investment $3,609,704 Agency Fees $65,209 Benefit:Cost Ratio 28.54 :1 Page18 Ultra Dairy, LLC (Wastewater 2021 Expansion) 6/29/2021 A) PILOTS Estimate Table Worksheet for 10 years OCIDA estimate of current market value $ 8,850,000 Projected investment $ 3,609,704 OCIDA estimate of increase in value $ 1,202,031 OCIDA estimated value after project is completed $ 10,052,031 Taxes that would have been collected if the project did not occur $ 4,661,977 Scheduled PILOT payments $ 4,883,640 PILOT YEAR PILOT Year Full Tax Onondaga (Town and (School Exemption % Dewitt ESM Total PILOT Payment w/o Net Exemption County County) District) PILOT 2022 2021-2022 NA $ 35,238 $ 32,570 $ 173,075 $ 240,883 $ 268,580 2023 2022-2023 NA $ 39,101 $ 36,141 $ 192,047 $ 267,288 $ 295,539 2024 2023-2024 100% $ 45,549 $ 42,100 $ 223,713 $ 311,361 $ 354,772 $ 43,411 2025 2024-2025 90% $ 53,315 $ 49,328 $ 261,814 $ 364,457 $ 404,309 $ 39,851 2026 2025-2026 80% $ 56,288 $ 52,128 $ 276,371 $ 384,787 $ 420,919 $ 36,132 2027 2026-2027 70% $ 59,358 $ 55,020 $ 291,406 $ 405,784 $ 438,032 $ 32,248 2028 2027-2028 60% $ 62,529 $ 58,008 $ 306,931 $ 427,468 $ 455,662 $ 28,194 2029 2028-2029 50% $ 65,803 $ 61,092 $ 322,961 $ 449,856 $ 473,821 $ 23,965 2030 2029-2030 40% $ 69,183 $ 64,277 $ 339,509 $ 472,969 $ 492,524 $ 19,555 2031 2030-2031 30% $ 72,672 $ 67,565 $ 356,590 $ 496,826 $ 511,786 $ 14,960 2032 2031-2032 20% $ 76,272 $ 70,958 $ 374,219 $ 521,449 $ 531,622 $ 10,173 2033 2032-2033 10% $ 79,059 $ 73,602 $ 387,849 $ 540,510 $ 545,698 $ 5,188 TOTAL $ 714,367 $ 662,790 $ 3,506,483 $ 4,883,640 $ 5,193,264 $ 253,677 Year 2021 2022 2023 2024 2025 2026 Jobs Current/Actuals Creation Goals 20 5 Total Employment Goals 247 267 272 272 272 272 This PILOT Schedule replaces all previous PILOT schedules regarding the associated parcels Page19
1. Fill in all blanks using “none”, “not applicable” or “not available”. If you have any questions about the way to respond, please call the Onondaga County Industrial Development Agency at 315-435-3770. 2. If providing an estimate put “(est.)” after the figure or answer. If more space is needed to answer any specific question, attach a separate sheet.
3. If the OCIDA Board approves benefits, it is the company’s responsibility to obtain and submit all necessary forms and documents. (ST-60, PILOT Agreement) 4. When completed, return this Application by mail or fax to the Agency at the address indicated below. A signed application may also be submitted electronically in PDF format to Nate Stevens at nstevens@ongov.net. An Application will not be considered by the Agency until the Application fee has been received.
5. The Agency will not give final approval for this Application until the Agency receives a completed NYS Full Environmental Assessment Form concerning the Project, which is the subject of this Application. The form is available at http://www.dec.ny.gov/permits/6191.html.
6. Please note the Public Officers Law declares all records in the possession of the OCIDA (with certain limited exceptions) are open to public inspection and copying. If the Applicant is of the opinion that there are elements of the Project which are in the nature of trade secrets which, if disclosed to the public or otherwise widely disseminated, would cause substantial injury to the Applicant’s competitive position, this
Applicant must identify such elements in writing and request that such elements be kept confidential. In accordance with Article 6 of the Public Officer’s Law, the OCIDA may also redact personal, private, and/or proprietary information from publicly disseminated documents.
7. The Applicant will be required to pay the Agency Application fee and, if accepted as a project of the agency, all administrative and legal fees as stated in Section VI of the Application.
This Application Local Access Agreement Employment Plan Conflict of Interest A feasibility statement indicating the need for the requested benefits Description of project, Site Plans/Sketches, and Maps NYS Full Environmental Assessment Form A check payable to the Agency in the amount of $1,000 A check payable to Barclay Damon LLP in the amount of $2,500 9. This Application was adopted by the OCIDA Board on November 19, 2019.
Onondaga County Industrial Development Agency Page 1 Page20 It is the policy of the Agency that any project receiving benefits from the Onondaga County Industrial Development Agency will utilize 100% local contractors and local labor for the construction period of the project unless a waiver is granted in writing by the Agency. Return to:
Onondaga County Industrial Development Agency Attn: Nate Stevens 333 W. Washington Street, Suite 130 Syracuse, NY 13202 Phone: 315-435-3770 | Fax: 315-435-3669 nstevens@ongov.net
Please answer all questions. Use “None”, “Not Applicable” and “See Attached” where necessary.
A) Applicant information-company receiving benefits:
Applicant Name: Ultra Dairy, LLC
Applicant Address: 2394 US Route 11, Lafayette, NY 13084 Phone: (315) 350-4836 Fax: (315) 471-0930 byrnedairy.com Website: E-mail: jgosier@byrne1933.com Federal ID#: 20-0030743 NAICS: 311511 State and Year of Incorporation/Organization: __________________________________________
Will a Real Estate Holding Company be utilized to own the Project property/ facility? ☐Yes ☐No What is the name of the Real Estate Holding Company:
Federal ID#:
State and Year of Incorporation/Organization:
List of stockholders, members, or partners of Real Estate Holding Company:
________________________________________________________________________________ B) Individual Completing Application:
Name: James Gosier Title: General Counsel Address: 2394 US Route 11, Lafayette, NY 13084 Phone: (315) 350-4836 Fax: (315) 471-0930 E-mail: jgosier@byrne1933.com Onondaga County Industrial Development Agency Page 2 Page21 C) Company Contact (if different from individual completing application):
Name:
Title:
Address:
Phone: Cell Phone:
E-mail:
D) Company Counsel:
Name of Attorney:
Firm Name:
Address:
Phone: Cell Phone:
E-mail:
E) Business Organization (check appropriate category):
☐ Corporation ☐Partnership ☐ Public Corporation ☐Joint Venture ☐ Sole Proprietorship ☐Limited Liability Company Others (please specify):
Year Established: 2003 State in which Organization is established: NY F) List all stockholders, members, or partners with % of ownership greater than 5% : Name % of ownership Byrne Holdings, Inc.* 85.3% Nicholas Marsella 14.7% *Shareholders: Carl V. Byrne, Mark V. Byrne, Thomas P. Byrne 40.90/40.07/8.08% respectively Onondaga County Industrial Development Agency Page 3 Page22 G) Applicant Business Description:
Please attach a description of your company’s background, products, customers, goods and services. Estimated % of sales within Onondaga County: _______________________________________ <1% Estimated % of sales outside Onondaga County but within New York State: 8% Estimated % of sales outside New York State but within the U.S.: 92% Estimated % of sales outside the U.S.: 0 (*Percentage to equal 100%) H) What percentage of your total annual supplies, raw materials and vendor services are purchased from firms in Onondaga County. Include list of vendors, raw material suppliers and percentages for each. Provide supporting documentation including estimated percentages of local purchases. Please attach this information.
I) Applicant History: If the answer to any of the following is “Yes”, please explain below. If necessary, attach additional information.
☐Yes ☐No plaintiff or defendant in any civil or criminal litigation?
criminal offense (other than a minor traffic violation)? ☐Yes ☐No 3. Has any person listed in Section I ever been in receivership or declared bankruptcy? ☐Yes ☐No Please attach any explanations:
J) Has the Project Beneficiary received assistance from OCIDA, SIDA, New York State or the Onondaga Civic Development Corporation in the past? If yes please attach an explanation and please give year, project name, description of benefits and address of project. ☐Yes ☐No Onondaga County Industrial Development Agency Page 4 Page23
A) Project Location: Location where the investment will take place. If company is moving, the new location should be entered here and the current location should be in Section I. Address: 6750 W. Benedict Road Legal Address (if different):
City: East Syracuse Village/Town: Dewitt Zip Code: 13057 School District: East Syracuse Minoa Tax Map Parcel ID(s): 042.-13-05.1 Current Assessed Value: 8,850,000 Sq. Footage of Existing Building: 160,000 Census Tract:
B) Type (Check all that apply):
☐New construction ☐Purchase of machinery and/or equipment ☐Expansion/Addition to current facilities ☐Brownfield/Remediated Brownfield ☐Renovation of existing facility ☐LEED Certification ☐Acquisition of existing facility/property ☐Other:
☐Demolition and Construction C) Please attach a summary of how this project will help your business grow. Will it set the company up for revenue growth? Will it mitigate cost? Will it provide more flexibility? D) Description of Project: Please provide a detailed narrative of the proposed Project. This narrative should include, but is not limited to:
☐ (i) the size of the Project in square feet and a breakdown of square footage per each intended use;
☐ (ii) the size of the lot upon which the Project sits or is to be constructed; ☐ (iii) the current use of the site and the intended use of the site upon completion of the Project;
☐ (iv) the principal products to be produced and/or the principal activities that will occur on the Project site; and ☐ (v) an indication as to why the Applicant is undertaking the Project and the need for the requested benefits. Please separately attach the description and any copies of site plans, sketches or maps.
Onondaga County Industrial Development Agency Page 5 Page24 E) Select Project Type for all end users at Project site (you may check more than one): **Please check any and all end users as identified below ☐ Industrial ☐Bank Office ☐ Acquisition of Existing Facility ☐Retail ☐ Housing ☐Mixed Use ☐ Equipment Purchase ☐Facility for Aging ☐ Multi-Tenant ☐Civic Facility (not for profit) ☐ Commercial ☐Other F) For the Agency to consider this Project, please provide the following information: 1. Does the project consist of new construction or expansion or substantial renovation of an existing facility?
☐Yes ☐No 2. Will the project create new employment opportunities or retain existing jobs that may otherwise be lost?
☐Yes ☐No 3. Does the project beneficiary serve a customer base primarily outside of Onondaga County?
☐Yes ☐No G) Will the completion of the Project result in the removal of an industrial or manufacturing plant of the company from one area of the state to another area of the state OR in the abandonment of one or more plants or facilities of the company located within the state? Please explain if you answer “Yes” by attaching a response.
☐Yes ☐No H) Please attach a description of any compelling circumstances the Agency should be aware of while reviewing this application.
I) Environmental Information 1. Please attach the appropriate Environmental Impact Forms to your application. Here is a link to the SEQR forms:
a. http://www.dec.ny.gov/permits/6191.html
☐Yes ☐No If yes, please attach an explanation.
Onondaga County Industrial Development Agency Page 6 Page25
A) Project Costs and Finances Description of Costs Total % of Total Total Private Expenditure Budget Budget to be (should be less than or Amount Procured in equal to total budget Onondaga amount) County Land Acquisition Site Work/Demo Building Construction 3,609,704 & Renovation Furniture & Fixtures Equipment 2,137,301 Equipment Subject to NYS Production Sales Tax Engineering/Architect Exemption 129,000 sFinancial Charges Legal Other 544,854 Management/Developer Fees Total Project Cost 6,420,859 Note: Do not include OCIDA fees, OCIDA application fees or OCIDA legal fees as part of the Total Project Cost. You may attach a separate chart if needed.
B) TOTAL Capital Costs $ 6,420,859 Project refinancing: estimated amount (for refinancing of existing debt only) $ Sources of Funds for Project Costs:
1. Bank Financing $ _______________
2. Equity (excluding equity that is attributed to grants/tax credits) $ 3,420,859 3. Tax Exempt Bond Issuance (if applicable) $ _______________
Onondaga County Industrial Development Agency Page 7 Page26
and tax credits) $ TBD -Identify each state and federal grant/credit:
ESD Capital Grant $ TBD ESD Excelsior Tax Credit $ TBD $ 6. Total Sources of Funds for Project Costs $ _______________
C) Employment and Payroll Information *Full Time Equivalent (FTE) is defined as one employee working no less than 40 hours per week or two or more employees together working a total of 40 hours per week.
☐Yes ☐No If yes, provide number of FTE jobs at the facility: 213
Estimate the number of FTE jobs to be retained as a result of this Project: 213 Estimate the number of construction jobs to be created by this Project: 40 Estimate the average length of construction jobs to be created (months): 6 Current annual payroll at facility: $12,500,000 Average annual growth rate of wages: 4% Please list, if any, benefits that will be available to either full and/or part time Health, dental and vision insurance; supplemental life and 401(k) employees:
Average annual benefit paid by the 8-10% (varies depending on coverage level) company ($ or % salary) per FTE job:
Average growth rate of benefit cost: 5% to employer; 0% to employee Amount or percent of wage employees pay 2-6% (varies depending on coverage level) for benefits:
Provide an estimate of the number of residents in the Economic Development Region (Onondaga, Madison, Cayuga, 10 Oneida, Oswego, and Cortland Counties) to fill new FTE jobs:
Onondaga County Industrial Development Agency Page 8 Page27 D) New Employment Benefits i. Complete the following chart indicating the number of FTE jobs presently employed at the Project and the number of FTE jobs that will be created at the Project site at the end of the first, second, third, fourth and fifth years after the Project is completed. Jobs should be listed by title of category (see below), including FTE independent contractors or employees of independent contractors that work at the Project location. Do not include construction workers.
ii. Feel free to include additional information or a substitute chart if you think additional material would add clarity.
Current & Planned Full Salary Current Estimated Number of FTE Jobs Time Occupations (Job (Annual or Number of added each year after project Titles) Hourly) FTEs Year 1 Year 2 Year 3 Year 4 Year 5 completion Technicians/Engineers $68,000 4 2 2 Operators $48,000 113 1 1 Maintenance Mechanic $84,000 37 1 1 Tank Washers $44,000 0 1 1 Warehouse $45,000 39 Management/Training/Planning $75,000 7 Sanitation/WWT/Other $54,000 13 Job Creation Subtotal 213 5 5 For purposes of completing the chart, please list the job titles that will be increasing in number. If possible, please attach a brief description that outlines what each job entails.
If you prefer, you may attach a job chart of your own that outlines the job growth projections regarding the project.
E) Financial Assistance sought (estimated values):
☐ Real Property Tax Abatement (PILOT):
☐ Mortgage Recording Tax Exemption (.75% of amount mortgaged):
☐ Sales and Use Tax Exemption (4% Local, 4% State): $180,000 ☐ Tax Exempt Bond Financing (Amount Requested):
☐ Taxable Bond Financing (Amount Requested):
Onondaga Page28 County Industrial Development Agency Page 9 F) Mortgage Recording Tax Exemption Benefit Calculator: Amount of mortgage that would be subject to mortgage recording tax:
Mortgage Amount (include sum total of construction/permanent/ bridge financing): $ Estimated Mortgage Recording Tax Exemption Benefit (product of mortgage amount as indicated above, multiplied by .0075): $ G) Sales and Use Tax Benefit Calculator: Gross amount of costs for goods and services that are subject to State and local Sales and US tax – said amount to benefit from the Agency’s Sales and Use Tax exemption benefit:
$ 2,250,000 Estimated State and local Sales and Use Tax Benefit (product of 8% multiplied by the figure, above) (This should match the amount in section “E” on this page, this calculation only exists to help you with your estimate):
$ 180,000 Onondaga Page29 County Industrial Development Agency Page 10
Section IV of this Application will be: (i) completed by IDA Staff based upon information contained within the Application, and (ii) provided to the Applicant for ultimate inclusion as part of this completed Application prior to the completed application being provided to the OCIDA Board.
A) PILOTS Estimate Table Worksheet OCIDA estimate of current value New construction and renovation costs OCIDA estimate of increase in value OCIDA estimated value of completed project OCIDA estimate of taxes that would have been collected if the project did not occur Scheduled PILOT payments PILOT Exemption County Local School Total Full Tax Net Exemption Year % PILOT PILOT PILOT PILOT Payment Amount Amount Amount w/o PILOT
Estimates provided are based on current property tax rates and assessment value (current as of date of application submission) and have been calculated by IDA staff Onondaga Page30 County Industrial Development Agency Page 11
In absence of a waiver permitting otherwise, every project seeking the assistance of the Onondaga County Industrial Development Agency (Agency) must use local general contractors, sub- contractors, and labor for one-hundred percent (100%) of the construction of new, expanded, or renovated facilities. The project’s construction or project manager need not be a local company. Noncompliance may result in the revocation and/or recapture of all benefits extended to the project by the Agency. Local Labor is defined as laborers permanently residing in the State of New York counties of Cayuga, Cortland, Herkimer, Jefferson, Madison, Oneida, Onondaga, Oswego, Tompkins, and Wayne. Local (General/Sub) Contractor is defined as a contractor operating a permanent office in the State of New York counties of Cayuga, Cortland, Herkimer, Jefferson, Madison, Oneida, Onondaga, Oswego, Tompkins and Wayne. The Agency may determine on a case-by-case basis to waive the Local Access Policy for a project or for a portion of a project where consideration of warranty issues, necessity of specialized skills, significant cost differentials between local and non-local services or other compelling circumstances exist. The procedure to address a local labor waiver can be found in the OCIDA handbook, which is available upon request.
Prior to issuance of any NYS Tax & Finance ST-60 forms, the Applicant must submit a Contractor Status Report to the Agency.
In consideration of the extension of financial assistance by the Agency Ultra Dairy, LLC (the Company) understands the Local Access Policy and agrees to complete Appendix C of the Agency’s application at the time of the application to the Agency and as part of a request to extend the valid date of the Agency’s tax-exempt certificate for the Project. The Company understands that an Agency tax-exempt certificate is typically valid for 12 months from the effective date of the project inducement and extended thereafter upon request by the Company. The Company further understands that any request for a waiver to this policy must be submitted in writing and approved by the Agency.
I agree to the conditions of this agreement and certify all information provided regarding the construction and employment activities for the project as of 6/28/2021 (date).
Company: Ultra Dairy,LLC Representative for Contract: James A. Gosier __ Address: 2394 US Route 11 City: Lafayette State: NY Zip: 13084 Phone: (315) 350-4836 Email: jgosier@byrne1933.com Project Address: 6750 W. Benedict Road City: E. Syracuse State: NY Zip: 13057 General Contractor: The Hayner Hoyt Company Contact Person: Jeremy Thurston, President Address: 628 Erie Boulevard West City: Syracuse State: NY Zip: 13204 Phone: (315) 455-5941 Email: jthurston@haynerhoyt.com Authorized Representative: James Gosier Title: General Counsel Signature:
Onondaga Page31 County Industrial Development Agency Page 12
Payment Terms:
Application & Processing Fee (payable at the time of application): $1,000 Legal Deposit (payable at the time of application): $2,500 Agency Fee for Bond Projects: Payable at Closing Agency and Legal Fees for all other projects: Due and Payable at Inducement * A sales tax certificate (ST-60) will not be issued until the Agency Fee is Paid in Full Agency Fees: The project cost is the Total Project Cost from section III A Benefit Sought Fee Charged Mortgage Recording Tax and/or Sales Tax exemptions: 0.01 X the project cost Additional Fee for PILOT Agreement Projects: 0.0025 X the project cost Fee for bond financing, refinancing & refunding: 0.0025 X the project cost Note: For Manufacturing Projects under $10 million the fee is reduced by: 0.0025 X the project cost Agency Legal Fees: The project cost is the Total Project Cost from section III A Fee for first $20 million: 0.0025 of the project cost Fee for expenses above $20 million: 0.00125 of the project cost In addition to the foregoing, Applicants are responsible for payment of all costs and expenses incurred by OCIDA in connection with application or Project including without limitation publication, copying costs, SEQRA compliance and fees and costs to OCIDA’s attorneys, engineers, and consultants. OCIDA reserves the right to require a deposit to cover anticipated costs. Application fees are payable at time application/request is submitted. All fees are non-refundable. Applicants for bond transactions are responsible for payment of a Bond Issuance Charge payable to the State of New York. Applicants are also responsible for payment of post-closing fees and costs associated with the appointment of additional agents.
OCIDA reserves the right to modify this schedule at any time and assess fees and charges in connection with other transactions such as grants of easement or lease or sale of OCIDA-owned property.
Onondaga Page32 County Industrial Development Agency Page 13
Information to be Provided by Companies: Each Company agrees that to receive benefits from the Agency it must, whenever requested by the Agency or required under applicable statutes or project documents, provide and certify or cause to be provided and certified such information concerning the Company, its finances, its employees and other topics which shall, from time to time, be necessary or appropriate, including but not limited to, such information as to enable the Agency to make any reports required by law or governmental regulation.
Recapture of Benefits: It is the policy of the Agency to recapture the value of a PILOT, any sales and use tax exemption, and mortgage recording tax exemption in accordance with the Laws of the State and the provisions contained herein. Before receiving benefits, the Company must attest in writing to its understanding of, and agreement to, the recapture provisions contained in State Law and herein. To the extent permitted by State law, the recapture provisions contained herein may be modified from time to time by the Agency at its sole discretion.
Recapture of a PILOT, Sales Tax and the Mortgage Recording Tax Exemptions: If the number of full time equivalent jobs to be maintained or created in connection with a project falls below 75% of the number projected in the Company’s application to the Agency, or if there are material violations of the project agreements, then the value of the property tax, sales and use tax and mortgage recording tax benefits extended to the project by the Agency may be subject to recapture. When deciding whether or not to recapture benefits and the amount of such recapture, the Agency may consider the potential future benefit of the business to the community.
Recapture Payment: The recapture payment paid by the Company to the Agency shall be determined (1) by the difference between any PILOT payments made by the Company and the property taxes that would have been paid by the Company if the property were not under the supervision, jurisdiction or control of the Agency, (2) the value of any mortgage recording tax exemption, if awarded to the Company and (3) the amount of sales and use tax that would have been paid if an exemption was not granted.
Recapture of the PILOT, Sales Tax or Mortgage Recording Tax: The Recapture Schedule for a Payment in Lieu of Tax Agreement, Sales Tax or the Mortgage Recording Tax is as follows: Time from Project Completion Tax Savings Recaptured
Distribution of the Recapture Payment: Any funds recaptured as a result of the recapture payment shall be distributed to the affected taxing jurisdictions in the same proportion as if the payments were paid or owed by the Company on the date of recapture.
Onondaga Page33 County Industrial Development Agency Page 14 Additional Conditions for the Recapture of Sales and Use Tax: As of April 1, 2013, New York State law requires Industrial Development Agencies to recapture sales tax benefits where:
A project is not entitled to receive the benefits:
Exemptions received exceed the amount authorized by the Agency;
Exemptions are claimed by the Project for unauthorized property or services; or A project fails to use property in the manner required by its IDA agreements. 1. Distribution of Sales and Use Tax. Project operators must cooperate with the Agency in its effort to recapture all sales and use tax benefits received by the Company by promptly paying the recapture amount as determined by the Agency. The amount to be recaptured will be dictated by State Law or this UTEP Policy, which ever may be applicable. The Agency shall remit the recaptured sales and use tax benefits to the State within 30 days of receipt.
2. Compliance Report. Annually, the Agency will file an annual compliance report with the State of New York detailing its recapture terms and its activities to recapture benefits, including any attempt to recapture benefits from an Agency project.
A “Full Time Permanent Employee” shall mean
payroll, who has worked at the project location for a minimum of thirty hours per week for not less than four consecutive weeks and who is entitled to receive the usual and customary fringe benefits extended by Company to other employees with comparable rank, duties and hours; or
Company’s payroll, who have worked at the project location for a combined minimum of thirty hours per week for not less than four consecutive weeks and who are entitled to receive the usual and customary fringe benefits extended by Company to other employees with comparable rank, duties and hours.
I have read the foregoing and agree to comply with all the terms and conditions contained therein as well as policies of the Onondaga County Industrial Agency.
Name of Applicant Company _________________________________ Ultra Dairy, LLC Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: _________________________________ James A. Gosier, General Counsel Date: ______________
Onondaga Page34 County Industrial Development Agency Page 15
Jobs Listings: In accordance with §858-b(2) of the New York General Municipal Law, the
Applicant understands and agrees that if the Project receives any Financial Assistance from the Agency, except as otherwise provided by collective bargaining agreements, new employment opportunities created as a result of the Project will be listed with the New York State Department of Labor Business Services and with the administrative entity of the service delivery area created by the Workforce Innovation and Opportunity Act of 2014 in which the Project is located. In Onondaga County, please contact CNY Works. Additionally, the applicant is encouraged to review the services provided by JOBSPlus! for candidate matching services.
Are the employees of your company currently covered by a collective bargaining agreement? ☐Yes ☐No If yes, name and location:
Is the labor pool in Onondaga County and/or the CNY Economic Development Region adequate to fill new positions?
☐Yes ☐No Enter Company Name in three (3) places below and sign by an authorized company officer: In consideration of the benefits provided by the Onondaga County Industrial Development Agency (OCIDA), Ultra Dairy, LLC , project beneficiary, also agrees to report to OCIDA on the number of new employment opportunities created in connection with industrial or commercial projects financed by the proceeds of such benefits to be listed with the New York State Department of Labor Business Services and CNY Works.
Ultra Dairy,LLC , project beneficiary, also agrees to report to OCIDA on or before March 1 of each year the status of employment opportunities filed with the New York State Department of Labor Business Services, including the number of new employment opportunities created, the number listed, and the number filled for the year ending the prior December 31. Ultra Dairy, LLC , project beneficiary, further agrees that, to the extent practicable and feasible, and subject to the requirements of any existing collective bargaining agreement, the project beneficiary shall fill at least 10% of new employment opportunities with persons eligible for service under the Workforce Innovation and Opportunity Act of 2014.
Name of Applicant Company: ______________________________________________________ Ultra Dairy, LLC Signature of Officer or Authorized Representative: ______________________________________ Name & Title of Officer or Authorized Representative: ___________________________________ James Gosier, General Counsel Date: ______________
Onondaga Page35 County Industrial Development Agency Page 16 NYS Department of Labor:
Roy Jewell Associate Business Service Representative
roy.jewell@labor.ny.gov www.labor.ny.gov CNY Works Chris Kennedy Business Development Specialist
ckennedy@cnyworks.com www.cnyworks.com Onondaga Page36 County Industrial Development Agency Page 17
Agency Board Members
Agency Officers/Staff 1. Robert M. Petrovich
Agency Legal Counsel & Auditor 1. Jeffrey Davis, Esq., Barclay Damon LLP 2. Amanda Mirabito, Esq., Barclay Damon LLP 3. Michael G. Lisson, CPA, Grossman St. Amour Certified Public Accountants PLLC The Applicant has received from the Agency a list of members, officers and staff of the Agency. To the best of my knowledge, no member, officer or employee of the Agency has an interest, whether direct or indirect, in any transaction contemplated by this Application, except as hereinafter described:
Name of Applicant Company _________________________________ Ultra Dairy, LLC Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: _________________________________ James Gosier, General Counsel Date: ______________
Onondaga Page37 County Industrial Development Agency Page 18
Carl V. Byrne (Name of CEO or other authorized representative of
Applicant) confirms and says that he/she is the ____________________ President (title) of ____________________ Ultra Dairy, LLC (name of corporation or other entity) named in the attached Application (the “Applicant”), that he/she has read the foregoing Application and knows the contents thereof, and hereby represents, understands, and otherwise agrees with the Agency and as follows:
A. First Consideration for Employment: In accordance with §858-b (2) of the New York General Municipal Law, the Applicant understands and agrees that if the Project receives any Financial Assistance from the Agency, except as otherwise provided by collective bargaining agreements, where practicable, the Applicant will first consider persons eligible to participate in WIA programs who shall be referred by the CNY Works for new employment opportunities created as a result of the Project.
B. Other NYS Facilities: In accordance with §862 (1) of the New York General Municipal Law, the Applicant understands and agrees that projects which will result in the removal of an industrial or manufacturing plant of the project occupant from one area of the state to another area of the state or in the abandonment of one or more plants or facilities of the project occupant within the state is ineligible for Agency Financial Assistance, unless otherwise approved by the Agency as reasonably necessary to preserve the competitive position of the project in its respective industry or is reasonably necessary. C. Annual Sales Tax Filings: In accordance with §874(8) of the New York General Municipal Law, the Applicant understands and agrees that if the Project receives any sales tax exemptions as part of the Financial Assistance from the Agency, the Applicant agrees to file, or cause to be filed, with the New York State Department of Taxation and Finance, the annual form prescribed by the Department of Taxation and Finance, describing the value of all sales tax exemptions claimed by the Applicant and all consultants or subcontractors retained by the Applicant.
D. Outstanding Bonds: The Applicant understands and agrees to provide on an annual basis any information regarding bonds, if any, issued by the Agency for the project that is requested by the Comptroller of the State of New York.
E. Employment Reports: The Applicant understands and agrees that, if the Project receives any financial assistance from the Agency, the Applicant agrees to file with the Agency, at least annually or as otherwise required by the Agency, reports regarding the number of people employed at the project site, salary levels, contractor utilization and such other information (collectively, “Employment Reports”) that may be required from time to time on such appropriate forms as designated by the Agency. Failure to provide Employment Reports within 30 days of an Agency request shall be an Event of Default under the PILOT Agreement between the Agency and Applicant and, if applicable, an Event of Default under the Agent Agreement between the Agency and Applicant. In addition, a Notice of Failure to provide the Agency with an Employment Report may be reported to Agency board members, with said report being an agenda item subject to the open Onondaga Page38 County Industrial Development Agency Page 19 meetings law.
F. Absence of Conflicts of Interest: The Applicant has received from the Agency a list of the members, officers and employees of the Agency. No member, officer or employee of the Agency has an interest, whether direct or indirect in any transaction contemplated by this Application, except as hereinafter described in Section X.
G. Compliance: The Applicant understands and agrees that it is in substantial compliance with applicable local, state, and federal tax, worker protection, and environmental laws, rules, and regulations.
H. The Applicant understands and agrees that the provisions of Section 862(1) of the New York General Municipal Law, as provided below, will not be violated if financial assistance is provided for the proposed Project:
§ 862. Restrictions on funds of the Agency. (1) No funds of the Agency shall be used in respect of any project if the completion thereof would result in the removal of an industrial or manufacturing plant of the project occupant from one area of the state to another area of the state or in the abandonment of one or more plants or facilities of the project occupant located within the state, provided, however, that neither restriction shall apply if the agency shall determine on the basis of the application before it that the project is reasonably necessary to discourage the project occupant from removing such other plant or facility to a
location outside the state or is reasonably necessary to preserve the competitive position of the project occupant in its respective industry.
I. The Applicant confirms and acknowledges that the owner, occupant or operator receiving financial assistance for the proposed Project is in substantial compliance with applicable local, state, and federal tax, worker protection and environmental laws, rules and regulations.
J. The Applicant confirms and acknowledges that the submission of any knowingly false or knowingly misleading information may lead to the immediate termination of any financial assistance and the reimbursement of an amount equal to all or part of any tax exemption claimed by reason of the Agency’s involvement in the Project.
K. The Applicant confirms and hereby acknowledges that as of the date of this Application, the Applicant is in substantial compliance with all provisions of Article 18-A of the New York General Municipal Law, including, but not limited to, the provision of Section 859- a and Section 862(1) of the New York General Municipal Law.
L. The Applicant and the individual executing this Application on behalf of Applicant acknowledge that the Agency and its counsel will rely on the representations and covenants made in this Application when acting hereon and hereby represents that the statements made herein do not contain any untrue statement of a material fact and do not omit to state a material fact necessary to make the statement contained herein not misleading.
Onondaga Page39 County Industrial Development Agency Page 20 M. The OCIDA has the right to request and inspect supporting documentation regarding attestations made on this application.
N. Hold Harmless Agreement: Applicant hereby releases Onondaga County Industrial Development Agency and the members, officers, servants, agents and employees thereof (the "Agency") from, agrees that the Agency shall not be liable for, and agrees to indemnify, defend and hold the Agency harmless from and against any and all liability arising from or expense incurred by: (A) the Agency's examination and processing of, and action pursuant to or upon, the attached Application, regardless of whether or not the Application or the Project described therein or the tax-exemptions and other assistance requested therein are favorably acted upon by the Agency; (B) the Agency's acquisition, construction, and/or installation of the Project described therein and (C) any further action taken by the Agency with respect to the Project, including without limiting the generality of the foregoing, all cause of action and attorney's fees and any other expenses incurred in defending any suits or action which may arise as a result of any of the foregoing. If, for any reason, the Applicant fails to conclude or consummate necessary negotiations, or fails, within a reasonable or specified period of time, to take reasonable, proper or requested action, or withdraws, abandons, cancels or neglects the Application, or if the Agency or the Applicant are unable to reach final agreement with respect to the Project, then, and in the event, upon presentation of an invoice itemizing the same, the
Applicant shall pay to the Agency, its agents or assigns, all costs incurred by the Agency in the process of the Application, including attorney's fees, if any.
Onondaga Page40 County Industrial Development Agency Page 21 Name of Applicant Company _______________________________________ Ultra Dairy, LLC Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: _________________________________ Carl V. Byrne, President Date: ______________
COUNTY OF ONONDAGA )ss.;
Carl V. Byrne , being first duly sworn, deposes and says: 1. That I am the President (Corporate Officer) of Ultra Dairy,LLC (Applicant) and that I am duly authorized on behalf of the Applicant to bind the
Applicant. 2. That I have read and attached Application, I Know the contents thereof, and that to the best of my knowledge and belief, this Application and the contents of this Application are true, accurate and complete (Signature of Officer) Subscribed and affirmed to me under penalties of perjury this day of June day of , 20 21 .
(Notary Public) End of Application Rev 1-9-20 Onondaga Page41 County Industrial Development Agency Page 22 Statement in Support of the Application of Ultra Dairy, LLC for Economic Benefits from The Onondaga County Industrial Development Agency
Ultra Dairy, LLC (“Ultra”) was formed in 2003 as part of the Byrne Dairy family of companies. Ultra produces high quality dairy and non-dairy food products utilizing Ultra High Temperature (UHT) technology that results in extended shelf life (ESL) and aseptic products. Ultra produces a variety of milk, cream and non-dairy products having shelf lives from 70 – 180 days for ESL products and 365 days for aseptic products. Ultra ships 92% of its finished products out of New York State for wholesale and retail sale.
As a processor of milk and cream products, Ultra’s biggest raw material by far is milk and cream, much of it from local farms. Ultra works with family farms throughout Central New York and the Finger Lakes regions. Six of the largest farms Ultra works with are located in Onondaga County. As of May 31, 2021, Ultra had purchased nearly $57 million in milk and cream in 2021. Examples of local vendors and raw material suppliers are as follows:
Vendor Location Material/Service Spend YTD (as of 5/31/21) Various Farms Varies Raw Milk/Cream $56,800,000 Sweeteners Plus Lakeville, NY Sweeteners $ 2,833,000 Packaging Corp.
Of America Solvay, NY Corrugate $ 2,551,000 CHEP Liverpool, NY Pallets $ 1,082,000
Since 2003, Ultra has been a party to a Payment in Lieu of Taxes (PILOT) Agreement with the Onondaga County Industrial Development Agency (OCIDA). Additionally, Ultra has requested and received exemptions from the NYS Mortgage Recording tax from OCIDA as part of it credit facilities with its lenders.
See Section II(D) below.
Page42
Ultra is situated on 22 +/- acres of land in the Town of Dewitt bounded by Fly Road on the West and I-481 on the East. Ultra is proposing to expand its existing 160,000 sq. ft. facility by adding a 6,500 sf wastewater treatment facility.
The processing of dairy products results in naturally occurring oils and fats combining with process wastewater. This wastewater must be treated and further processed to remove the fats and oils so that to the greatest extent possible, only properly treated wastewater is introduced into municipal sewer systems.
The existing wastewater treatment facility at Ultra Dairy is approaching its operational capacity. A new system must be built and commissioned before Ultra can expand its processing and filling capabilities.
Onondaga County is in the process of constructing a force main sewer along the south side of Benedict Road at the Project Site. The new wastewater treatment facility will discharge into this new sewer, thereby relieving stress on the existing, overburdened sewer system. It is anticipated that Ultra Dairy’s wastewater treatment facility and the new force main will be operational in the Spring of 2022.
This project will involve capital expenditures of approximately $6.4 million and will create a total of 10 new full time jobs. It is also anticipated that approximately 40 construction jobs will be created. Construction and equipment installation will take approximately 6 – 8 months. Economic benefits from OCIDA in the forms of real property tax abatement (PILOT) and Sale and Use Tax exemptions are extremely important to the viability of the proposed project. A PILOT Agreement will provide Ultra with a steady and predictable vehicle for the payment its share of local services. Additionally, Ultra anticipates that it will expend approximately $1.5 million on goods, materials and services that would otherwise be subject to state and local sales taxes. Exemptions from these taxes will allow Ultra to invest more of its own money into the project.
Page43 Full Environmental Assessment Form Part 1 - Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification.
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to update or fully develop that information.
Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that must be answered either “Yes” or “No”. If the answer to the initial question is “Yes”, complete the sub-questions that follow. If the answer to the initial question is “No”, proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part 1is accurate and complete.
A. Project and Sponsor Information.
Name of Action or Project:
Ultra South 2021 Phase 2(a) Project Location (describe, and attach a general location map):
6750 W. Benedict Road, E. Syracuse, NY 13057 Brief Description of Proposed Action (include purpose or need):
Expansion of existing dairy manufacturing facility involves construction of a waste water treatment facility with tanker wash. Name of Applicant/Sponsor: Telephone: (315) 350-4836 Ultra Dairy, LLC E-Mail: jim.gosier@byrnedairy.com Address: 2394 US Route 11 City/PO: Lafayette State: Zip Code:
Project Contact (if not same as sponsor; give name and title/role): Telephone: (315) 350-4836 James Gosier, General Counsel E-Mail: jim.gosier@byrnedairy.com Address:
City/PO: State: Zip Code: Lafayette NY 13084 Property Owner (if not same as sponsor): Telephone: E-Mail: Address:
City/PO: State: Zip Code: Page44 B. Government Approvals B. Government Approvals, Funding, or Sponsorship. (“Funding” includes grants, loans, tax relief, and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a. City Council, Town Board, 9 Yes ✔ 9 No or Village Board of Trustees b. City, Town or Village 9 Yes 9 No ✔ Dewitt Planning Board: Site Plan Approval 6/14/21 Planning Board or Commission c. City Council, Town or 9 Yes ✔ 9 No Village Zoning Board of Appeals d. Other local agencies 9 Yes 9 No ✔ OCIDA Pending e. County agencies 9 Yes 9 No ✔ SOCPA Referral Pending f. Regional agencies 9 Yes ✔ 9 No g. State agencies 9 Yes ✔ 9 No h. Federal agencies 9 Yes ✔ 9 No i. Coastal Resources.
i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway? 9 Yes ✔ 9 No ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? 9 Yes ✔ 9 No iii. Is the project site within a Coastal Erosion Hazard Area? 9 Yes ✔ 9 No C. Planning and Zoning C.1. Planning and zoning actions.
Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the 9 Yes 9 No ✔ only approval(s) which must be granted to enable the proposed action to proceed?
• If Yes, complete sections C, F and G.
• If No, proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2. Adopted land use plans.
a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site ✔
where the proposed action would be located?
If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action 9 Yes 9 No ✔ would be located?
b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway 9 Yes ✔ 9 No Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; or other?) If Yes, identify the plan(s):
_______________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, 9 Yes ✔ 9 No or an adopted municipal farmland protection plan?
If Yes, identify the plan(s):
________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ Page45 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. 9 Yes 9 No ✔ If Yes, what is the zoning classification(s) including any applicable overlay district? _________________________________________________________________________________________________________ Hi-Tech District _________________________________________________________________________________________________________ b. Is the use permitted or allowed by a special or conditional use permit? ✔
c. Is a zoning change requested as part of the proposed action? 9 Yes ✔ 9 No If Yes, i. What is the proposed new zoning for the site? ___________________________________________________________________ C.4. Existing community services.
a. In what school district is the project site located? East ________________________________________________________________ Syracuse-Minoa b. What police or other public protection forces serve the project site?
Town_________________________________________________________________________________________________________ of Dewitt PD, Onondaga County Sheriff, NYS Police c. Which fire protection and emergency medical services serve the project site?
__________________________________________________________________________________________________________ Town of Dewitt FD d. What parks serve the project site?
N/A__________________________________________________________________________________________________________ __________________________________________________________________________________________________________ D. Project Details D.1. Proposed and Potential Development a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all components)? Commercial/Industrial _________________________________________________________________________________________________________ b. a. Total acreage of the site of the proposed action? _____________ 20.23 acres b. Total acreage to be physically disturbed? _____________ 1.3 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? _____________ 24.15 acres c. Is the proposed action an expansion of an existing project or use? 9 Yes 9 No ✔ i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units, square feet)? % ____________________ 6,500 Sq. Ft. Units: ____________________ d. Is the proposed action a subdivision, or does it include a subdivision? 9 Yes 9 ✔ No If Yes, i. Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types) ________________________________________________________________________________________________________ ii. Is a cluster/conservation layout proposed? 9 Yes 9 No iii. Number of lots proposed? ________ iv. Minimum and maximum proposed lot sizes? Minimum __________ Maximum __________ e. Will proposed action be constructed in multiple phases? 9 Yes ✔ 9 No i. If No, anticipated period of construction: _____ months ii. If Yes:
• Total number of phases anticipated _____ • Anticipated commencement date of phase 1 (including demolition) _____ month _____ year • Anticipated completion date of final phase _____ month _____year • Generally describe connections or relationships among phases, including any contingencies where progress of one phase may determine timing or duration of future phases: _______________________________________________________________ ____________________________________________________________________________________________________ Current wastewater treatment system is approaching its functional capacity. Enhanced wastewater treatment system is needed to permit future growth. ____________________________________________________________________________________________________ Page46 f. Does the project include new residential uses? 9 Yes ✔ 9 No If Yes, show numbers of units proposed.
One Family Two Family Three Family Multiple Family (four or more) Initial Phase ___________ ___________ ____________ ________________________ At completion of all phases ___________ ___________ ____________ ________________________ g. Does the proposed action include new non-residential construction (including expansions)? 9 Yes 9 No ✔ If Yes, i. Total number of structures ___________ 1 ii. Dimensions (in feet) of largest proposed structure: ________height;
35 ft ________width; 65 and _______ 100 ft length iii. Approximate extent of building space to be heated or cooled: ______________________ 6,500 square feet h. Does the proposed action include construction or other activities that will result in the impoundment of any 9 Yes ✔ 9 No liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage? If Yes, i. Purpose of the impoundment: ________________________________________________________________________________ ii. If a water impoundment, the principal source of the water: 9 Ground water 9 Surface water streams 9 Other specify: _________________________________________________________________________________________________________ iii. If other than water, identify the type of impounded/contained liquids and their source. _________________________________________________________________________________________________________ iv. Approximate size of the proposed impoundment. Volume: ____________ million gallons; surface area: ____________ acres v. Dimensions of the proposed dam or impounding structure: ________ height; _______ length vi. Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete): ________________________________________________________________________________________________________ D.2. Project Operations a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? 9 Yes ✔ 9 No (Not including general site preparation, grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes:
i .What is the purpose of the excavation or dredging? _______________________________________________________________ ii. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site? • Volume (specify tons or cubic yards): ____________________________________________ • Over what duration of time? ____________________________________________________ iii. Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them. ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ iv. Will there be onsite dewatering or processing of excavated materials? 9 Yes 9 No If yes, describe. ___________________________________________________________________________________________ ________________________________________________________________________________________________________ v. What is the total area to be dredged or excavated? _____________________________________acres vi. What is the maximum area to be worked at any one time? _______________________________ acres vii. What would be the maximum depth of excavation or dredging? __________________________ feet viii. Will the excavation require blasting? 9 Yes 9 No ix. Summarize site reclamation goals and plan: _____________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment 9 Yes ✔9 No into any existing wetland, waterbody, shoreline, beach or adjacent area?
If Yes:
i. Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic description): ______________________________________________________________________________________________ _________________________________________________________________________________________________________ Page47 ii. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, or alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres: _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ iii. Will proposed action cause or result in disturbance to bottom sediments? 9 Yes 9 No If Yes, describe: __________________________________________________________________________________________ iv. Will proposed action cause or result in the destruction or removal of aquatic vegetation? 9 Yes 9 No If Yes:
• acres of aquatic vegetation proposed to be removed: ___________________________________________________________ • expected acreage of aquatic vegetation remaining after project completion:________________________________________ • purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): ____________________________ ____________________________________________________________________________________________________ • proposed method of plant removal: ________________________________________________________________________ • if chemical/herbicide treatment will be used, specify product(s): _________________________________________________ v. Describe any proposed reclamation/mitigation following disturbance: _________________________________________________ _________________________________________________________________________________________________________ c. Will the proposed action use, or create a new demand for water? ✔9 Yes 9 No If Yes:
i. Total anticipated water usage/demand per day: __________________________ 30,000 gallons/day ii. Will the proposed action obtain water from an existing public water supply? ✔9 Yes 9 No If Yes:
• Name of district or service area: Town _________________________________________________________________________ of Dewitt • Does the existing public water supply have capacity to serve the proposal? ✔9 Yes 9 No • Is the project site in the existing district? ✔9 Yes 9 No • Is expansion of the district needed? 9 Yes ✔ 9 No • Do existing lines serve the project site? ✔9 Yes 9 No iii. Will line extension within an existing district be necessary to supply the project? 9 Yes 9 ✔ No If Yes:
• Describe extensions or capacity expansions proposed to serve this project: ________________________________________ ____________________________________________________________________________________________________ • Source(s) of supply for the district: ________________________________________________________________________ iv. Is a new water supply district or service area proposed to be formed to serve the project site? 9 Yes 9 No If, Yes:
• Applicant/sponsor for new district: ________________________________________________________________________ • Date application submitted or anticipated: __________________________________________________________________ • Proposed source(s) of supply for new district: _______________________________________________________________ v. If a public water supply will not be used, describe plans to provide water supply for the project: ___________________________ _________________________________________________________________________________________________________ vi. If water supply will be from wells (public or private), maximum pumping capacity: _______ gallons/minute. d. Will the proposed action generate liquid wastes? ✔9 Yes 9 No If Yes:
i. Total anticipated liquid waste generation per day: _______________ 30,000 gallons/day ii. Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and approximate volumes or proportions of each): __________________________________________________________________ Treated_________________________________________________________________________________________________________ wastewater _________________________________________________________________________________________________________ iii. Will the proposed action use any existing public wastewater treatment facilities? ✔9 Yes 9 No If Yes:
• Onondaga County Metro Name of wastewater treatment plant to be used: _____________________________________________________________ • Name of district: ______________________________________________________________________________________ • Does the existing wastewater treatment plant have capacity to serve the project? ✔9 Yes 9 No • Is the project site in the existing district? ✔9 Yes 9 No • Is expansion of the district needed? 9 Yes ✔ 9 No Page48 • Do existing sewer lines serve the project site? 9 Yes 9 No ✔ • Will line extension within an existing district be necessary to serve the project? 9 Yes 9 No ✔ If Yes:
• Describe extensions or capacity expansions proposed to serve this project: ____________________________________ ____________________________________________________________________________________________________ Onondaga County is in the process of installing a new force main. When completed, the new sewer line will adequately handle applicant's increase in wastewater.____________________________________________________________________________________________________ iv. Will a new wastewater (sewage) treatment district be formed to serve the project site? 9 Yes ✔ 9 No If Yes:
• Applicant/sponsor for new district: ____________________________________________________________________ • Date application submitted or anticipated: _______________________________________________________________ • What is the receiving water for the wastewater discharge? __________________________________________________ v. If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed receiving water (name and classification if surface discharge, or describe subsurface disposal plans): ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ vi. Describe any plans or designs to capture, recycle or reuse liquid waste: _______________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point 9 Yes 9 No ✔ sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non-point source (i.e. sheet flow) during construction or post construction?
If Yes:
i. How much impervious surface will the project create in relation to total size of project parcel? 6,500 Square feet or _____ acres (impervious surface) _____ _____ Square feet or _____ 20.23 acres (parcel size) ii. Describe types of new point sources. __________________________________________________________________________ _________________________________________________________________________________________________________ iii. Where will the stormwater runoff be directed (i.e. on-site stormwater management facility/structures, adjacent properties, groundwater, on-site surface water or off-site surface waters)?
On-site________________________________________________________________________________________________________ stormwater management facilities ________________________________________________________________________________________________________ • If to surface waters, identify receiving water bodies or wetlands: ________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ • Will stormwater runoff flow to adjacent properties? 9 Yes ✔9 No iv. Does proposed plan minimize impervious surfaces, use pervious materials or collect and re-use stormwater? 9 Yes ✔9 No f. Does the proposed action include, or will it use on-site, one or more sources of air emissions, including fuel 9 Yes 9 No ✔ combustion, waste incineration, or other processes or operations?
If Yes, identify:
i. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles) _________________________________________________________________________________________________________ Delivery vehicles ii. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers) ________________________________________________________________________________________________________ iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation) process________________________________________________________________________________________________________ and boiler emissions g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit, 9 Yes ✔ 9 No or Federal Clean Air Act Title IV or Title V Permit?
If Yes:
i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet 9 Yes ✔ 9 No ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application, the project will generate: • ___________Tons/year (short tons) of Carbon Dioxide (CO2) • ___________Tons/year (short tons) of Nitrous Oxide (N2O) • ___________Tons/year (short tons) of Perfluorocarbons (PFCs) • ___________Tons/year (short tons) of Sulfur Hexafluoride (SF6) • ___________Tons/year (short tons) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs) • ___________Tons/year (short tons) of Hazardous Air Pollutants (HAPs) Page49 h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, 9 Yes ✔9 No landfills, composting facilities)?
If Yes:
i. Estimate methane generation in tons/year (metric): ________________________________________________________________ ii. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or electricity, flaring): ________________________________________________________________________________________ _________________________________________________________________________________________________________ i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as 9 Yes ✔ 9 No quarry or landfill operations?
If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial 9 Yes ✔ 9 No new demand for transportation facilities or services?
If Yes:
i. When is the peak traffic expected (Check all that apply): Morning Evening Weekend Randomly between hours of __________ to ________.
ii. For commercial activities only, projected number of semi-trailer truck trips/day: _______________________ iii. Parking spaces: Existing _____________ Proposed ___________ Net increase/decrease _____________ iv. Does the proposed action include any shared use parking? 9 Yes 9 No v. If the proposed action includes any modification of existing roads, creation of new roads or change in existing access, describe: ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ vi. Are public/private transportation service(s) or facilities available within ½ mile of the proposed site? 9 Yes 9 No vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric 9 Yes 9 No or other alternative fueled vehicles?
viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing 9 Yes 9 No pedestrian or bicycle routes?
k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand 9 Yes 9 No ✔ for energy?
If Yes:
i. Estimate annual electricity demand during operation of the proposed action: ____________________________________________ _________________________________________________________________________________________________________ ii. Anticipated sources/suppliers of electricity for the project (e.g., on-site combustion, on-site renewable, via grid/local utility, or other):
________________________________________________________________________________________________________ via local grid and on-site substation iii. Will the proposed action require a new, or an upgrade to, an existing substation? 9 Yes ✔ 9 No l. Hours of operation. Answer all items which apply.
i. During Construction: ii. During Operations: • Monday - Friday: _________________________ 24 hours • Monday - Friday: ____________________________ 24 hours • Saturday: ________________________________ 24 hours • Saturday: ___________________________________ 24 hours • Sunday: _________________________________ 24 hours • 24 hours Sunday: ____________________________________ • Holidays: ________________________________ 24 hours • 24 hours Holidays: ___________________________________ Page50 m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, 9 Yes ✔ 9 No operation, or both?
If yes:
i. Provide details including sources, time of day and duration:
_______________________________________________________________________________________________________ _______________________________________________________________________________________________________ ii. Will proposed action remove existing natural barriers that could act as a noise barrier or screen? 9 Yes ✔ 9 No Describe: _________________________________________________________________________________________________ _________________________________________________________________________________________________________ n.. Will the proposed action have outdoor lighting? 9 Yes 9 No ✔ If yes:
i. Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures: _________________________________________________________________________________________________________ dark sky compliant lighting in travelways and parking areas as well as on outside of building, all in accordance with Town of Dewitt requirements _________________________________________________________________________________________________________ ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? 9 Yes ✔9 No Describe: _________________________________________________________________________________________________ _________________________________________________________________________________________________________ o. Does the proposed action have the potential to produce odors for more than one hour per day? 9 Yes ✔ 9 No If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest occupied structures: ______________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ p. Will the proposed action include any bulk storage of petroleum (combined capacity of over 1,100 gallons) 9 Yes ✔ 9 No or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes:
i. Product(s) to be stored ______________________________________________________________________________________ ii. Volume(s) ______ per unit time ___________ (e.g., month, year) iii. Generally describe proposed storage facilities: ___________________________________________________________________ ________________________________________________________________________________________________________ q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, 9 Yes ✔ 9 No insecticides) during construction or operation?
If Yes:
i. Describe proposed treatment(s):
________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ii. Will the proposed action use Integrated Pest Management Practices? 9 Yes 9 No r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal ✔ 9 Yes 9 No of solid waste (excluding hazardous materials)?
If Yes:
i. Describe any solid waste(s) to be generated during construction or operation of the facility: • Construction: ____________________ tons per ________________ (unit of time) • Operation : ____________________ 15-20 tons per ________________ month (unit of time) ii. Describe any proposals for on-site minimization, recycling or reuse of materials to avoid disposal as solid waste: • Construction: ________________________________________________________________________________________ ____________________________________________________________________________________________________ • Operation: __________________________________________________________________________________________ milk sludge is disposed of at bio-digesters or land spread ____________________________________________________________________________________________________ iii. Proposed disposal methods/facilities for solid waste generated on-site:
• Construction: ________________________________________________________________________________________ ____________________________________________________________________________________________________ • Operation: __________________________________________________________________________________________ delivery to bio-digesters or land spread ____________________________________________________________________________________________________ Page51 s. Does the proposed action include construction or modification of a solid waste management facility? 9 Yes ✔ 9 No If Yes:
i. Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or other disposal activities): ___________________________________________________________________________________ ii. Anticipated rate of disposal/processing:
• ________ Tons/month, if transfer or other non-combustion/thermal treatment, or • ________ Tons/hour, if combustion or thermal treatment iii. If landfill, anticipated site life: ________________________________ years t. Will proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous 9 Yes ✔ 9 No waste?
If Yes:
i. Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: ___________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ ii. Generally describe processes or activities involving hazardous wastes or constituents: ___________________________________ _________________________________________________________________________________________________________ ________________________________________________________________________________________________________ iii. Specify amount to be handled or generated _____ tons/month iv. Describe any proposals for on-site minimization, recycling or reuse of hazardous constituents: ____________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? 9 Yes 9 No If Yes: provide name and location of facility: _______________________________________________________________________ ________________________________________________________________________________________________________ If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ E. Site and Setting of Proposed Action E.1. Land uses on and surrounding the project site a. Existing land uses.
i. Check all uses that occur on, adjoining and near the project site.
9 Urban 9 Industrial ✔ 9 Commercial ✔ 9 Residential (suburban) 9 Rural (non-farm) 9 Forest 9 Agriculture 9 Aquatic 9 Other (specify): ____________________________________ ii. If mix of uses, generally describe:
__________________________________________________________________________________________________________ Project site completely surrounded by commercial uses or highways, with the exception of one (1) single family residence. __________________________________________________________________________________________________________ b. Land uses and covertypes on the project site.
Land use or Current Acreage After Change Covertype Acreage Project Completion (Acres +/-) • Roads, buildings, and other paved or impervious surfaces 7.0 7.2 0.2 • Forested • Meadows, grasslands or brushlands (non- agricultural, including abandoned agricultural) • Agricultural
(includes active orchards, field, greenhouse etc.) • Surface water features
(lakes, ponds, streams, rivers, etc.) • Wetlands (freshwater or tidal) 0 0 0 • Non-vegetated (bare rock, earth or fill) 0 0 0 • Other Describe: _______________________________ ________________________________________ Page52 c. Is the project site presently used by members of the community for public recreation? 9 Yes 9 ✔ No i. If Yes: explain: __________________________________________________________________________________________ d. Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed 9 Yes 9 No ✔ day care centers, or group homes) within 1500 feet of the project site?
If Yes, i. Identify Facilities:
Bishop________________________________________________________________________________________________________ Ludden High School ________________________________________________________________________________________________________ e. Does the project site contain an existing dam? 9 Yes ✔ 9 No If Yes:
i. Dimensions of the dam and impoundment:
• Dam height: _________________________________ feet • Dam length: _________________________________ feet • Surface area: _________________________________ acres • Volume impounded: _______________________________ gallons OR acre-feet ii. Dam=s existing hazard classification: _________________________________________________________________________ iii. Provide date and summarize results of last inspection:
_______________________________________________________________________________________________________ _______________________________________________________________________________________________________ f. Has the project site ever been used as a municipal, commercial or industrial solid waste management facility, 9 Yes ✔ 9 No or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility? If Yes:
i. Has the facility been formally closed? 9 Yes 9 No • If yes, cite sources/documentation: _______________________________________________________________________ ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ iii. Describe any development constraints due to the prior solid waste activities: __________________________________________ _______________________________________________________________________________________________________ g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin 9 Yes ✔ 9 No property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? If Yes:
i. Describe waste(s) handled and waste management activities, including approximate time when activities occurred: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ h. Potential contamination history. Has there been a reported spill at the proposed project site, or have any ✔
remedial actions been conducted at or adjacent to the proposed site?
If Yes:
i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ✔
Remediation database? Check all that apply:
✔9 Yes – Spills Incidents database 1303522/1605981 Provide DEC ID number(s): ________________________________ 9 Yes – Environmental Site Remediation database Provide DEC ID number(s): ________________________________
ii. If site has been subject of RCRA corrective activities, describe control measures:_______________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? 9 Yes ✔ 9 No If yes, provide DEC ID number(s): ______________________________________________________________________________ iv. If yes to (i), (ii) or (iii) above, describe current status of site(s):
_______________________________________________________________________________________________________ _______________________________________________________________________________________________________ Page53 v. Is the project site subject to an institutional control limiting property uses? 9 Yes ✔ 9 No • If yes, DEC site ID number: ____________________________________________________________________________ • Describe the type of institutional control (e.g., deed restriction or easement): ____________________________________ • Describe any use limitations: ___________________________________________________________________________ • Describe any engineering controls: _______________________________________________________________________ • Will the project affect the institutional or engineering controls in place? 9 Yes 9 No • Explain: ____________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ E.2. Natural Resources On or Near Project Site a. What is the average depth to bedrock on the project site? ________________ 3.5 - 20 feet b. Are there bedrock outcroppings on the project site? 9 Yes ✔ 9 No If Yes, what proportion of the site is comprised of bedrock outcroppings? __________________% c. Predominant soil type(s) present on project site: ___________________________ Lockport/Brockport Silty Loam 46.3 __________% ___________________________ Lairdsville Silty Loam 21.3 __________% ____________________________ Howard Gravelly Fine Silt Loam 20.6 __________% d. What is the average depth to the water table on the project site? Average: _________ 3.3 - 9 feet
e. Drainage status of project site soils: ✔ _____% 100 of site
9 0-10%:
f. Approximate proportion of proposed action site with slopes: ✔ _____% 100 of site 9 10-15%: _____% of site 9 15% or greater: _____% of site g. Are there any unique geologic features on the project site? 9 Yes ✔ 9 No If Yes, describe: _____________________________________________________________________________________________ ________________________________________________________________________________________________________ h. Surface water features.
i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, 9 Yes ✔ 9 No ponds or lakes)?
ii. Do any wetlands or other waterbodies adjoin the project site? 9 Yes ✔ 9 No If Yes to either i or ii, continue. If No, skip to E.2.i.
iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, 9 Yes ✔ 9 No state or local agency?
iv. For each identified regulated wetland and waterbody on the project site, provide the following information: • Streams: Name ____________________________________________ Classification _______________________ • Lakes or Ponds: Name ____________________________________________ Classification _______________________ • Wetlands: Name ____________________________________________ Approximate Size ___________________ • Wetland No. (if regulated by DEC) _____________________________ v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired ✔ No
waterbodies?
If yes, name of impaired water body/bodies and basis for listing as impaired: _____________________________________________ ___________________________________________________________________________________________________________ i. Is the project site in a designated Floodway? 9 Yes ✔ 9 No j. Is the project site in the 100 year Floodplain? 9 Yes ✔ 9 No k. Is the project site in the 500 year Floodplain? 9 Yes ✔ 9 No l. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? 9 Yes ✔ 9 No If Yes:
i. Name of aquifer: _________________________________________________________________________________________ Page54 m. Identify the predominant wildlife species that occupy or use the project site: ______________________________ ______________________________ _______________________________ None ______________________________ ______________________________ _______________________________ ______________________________ n. Does the project site contain a designated significant natural community? 9 Yes ✔ 9 No If Yes:
i. Describe the habitat/community (composition, function, and basis for designation): _____________________________________ ________________________________________________________________________________________________________ ii. Source(s) of description or evaluation: ________________________________________________________________________ iii. Extent of community/habitat:
• Currently: ______________________ acres • Following completion of project as proposed: _____________________ acres • Gain or loss (indicate + or -): ______________________ acres o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as 9 Yes ✔ 9 No endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species? p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of 9 Yes ✔ 9 No special concern?
q. Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing? 9 Yes ✔ 9 No If yes, give a brief description of how the proposed action may affect that use: ___________________________________________ ________________________________________________________________________________________________________ E.3. Designated Public Resources On or Near Project Site a. Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to 9 Yes ✔ 9 No Agriculture and Markets Law, Article 25-AA, Section 303 and 304?
If Yes, provide county plus district name/number: _________________________________________________________________ b. Are agricultural lands consisting of highly productive soils present? 9 Yes ✔ 9 No i. If Yes: acreage(s) on project site? ___________________________________________________________________________ ii. Source(s) of soil rating(s): _________________________________________________________________________________ c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National 9 Yes ✔ 9 No Natural Landmark?
If Yes:
i. Nature of the natural landmark: 9 Biological Community 9 Geological Feature ii. Provide brief description of landmark, including values behind designation and approximate size/extent: ___________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ d. Is the project site located in or does it adjoin a state listed Critical Environmental Area? 9 Yes ✔ 9 No If Yes:
i. CEA name: _____________________________________________________________________________________________ ii. Basis for designation: _____________________________________________________________________________________ iii. Designating agency and date: ______________________________________________________________________________ Page55 e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district 9 Yes ✔ 9 No which is listed on, or has been nominated by the NYS Board of Historic Preservation for inclusion on, the State or National Register of Historic Places?
If Yes:
i. Nature of historic/archaeological resource: 9 Archaeological Site 9 Historic Building or District ii. Name: _________________________________________________________________________________________________ iii. Brief description of attributes on which listing is based:
_______________________________________________________________________________________________________ f. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for 9 Yes ✔ 9 No archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? g. Have additional archaeological or historic site(s) or resources been identified on the project site? 9 Yes ✔ 9 No If Yes:
i. Describe possible resource(s): _______________________________________________________________________________ ii. Basis for identification: ___________________________________________________________________________________ h. Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local 9 Yes ✔9 No scenic or aesthetic resource?
If Yes:
i. Identify resource: _________________________________________________________________________________________ ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway, etc.): ___________________________________________________________________________________________________ iii. Distance between project and resource: _____________________ miles.
i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers 9 Yes ✔ 9 No Program 6 NYCRR 666?
If Yes:
i. Identify the name of the river and its designation: ________________________________________________________________ ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? 9 Yes 9 No F. Additional Information Attach any additional information which may be needed to clarify your project.
If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them.
G. Verification I certify that the information provided is true to the best of my knowledge.
Applicant/Sponsor Name ___________________________________ Ultra Dairy, LLC Date_______________________________________ June 14, 2021 Signature________________________________________________ Title_______________________________________ General Counsel PRINT FORM Page 13 of 13 Page56
Lead Agency: Onondaga County Industrial Development Agency https://www.ongoved.com Robert M. Petrovich, Executive Director 333 W. Washington Street, Suite 130 Syracuse, New York 13202 315-435-3770 (Fax) 315-435-3669 Prepared by:
JMT of New York, Inc
Latham, NY 12110
July 2021 Acceptance by the Lead Agency: July 13,2021 Page57 Onondaga County Industrial Development Agency Final Supplemental Generic EIS White Pine Commerce Park July 2021
Page 1.0 Executive Summary………………………………………………………………. 1 1.1 Project Location and Description……………………………………….. 1 1.2 Project Overview and History………………………………………........ 1 1.3 Project Purpose and Need……..………………………………………… 2 1.4 Proposed Development………..………………………………………… 2 1.5 Project Alternatives…….……..………………………………………… 2 1.6 Supplemental Environmental Review…………………………………… 4 2.0 Introduction and Project Description…………………………………………. 5 2.1 Project Description..…………………………………………………….. 5 2.2 Project Overview and History………………………………………........ 5 2.3 Project Purpose and Need……..………………………………………… 6 2.4 Project Location and Setting…..………………………………………… 7 2.5 Proposed Development………..………………………………………… 8 3.0 Permitting and SEQRA Process ..………………………................................. 10 3.1 State Environmental Quality Review Act………………………………… 10 3.2 Chronology of Previous Environmental Reviews…...…………………… 11 3.3 Chronology of Current SEQRA Process………………….……………… 12 3.4 Draft GEIS Preparation………..…..…………………………………….. 13 3.5 Public Comment and Review…………………………….……………… 13 3.6 FSGEIS and Findings Statement,.…..…………………………………….. 14 4.0 Future Actions………..………………………………………………………........ 15 5.0 Revisions And Corrections To The Draft SGEIS.……………………………. 17 5.1 Community Character…………………………………………………… 17 5.2 Transportation …………………………………………………………… 19 5.3 Recreation……………………..…………………………………………. 19 6.0 Substantive Public Comment and Lead Agency Responses.…………….. 20 6.1 Agency Comments Summary…………………………………………… 20 6.2 Public Comments…………...…………………………………………… 22 List of Figures Figure 1.1: Project Location…………………………………………… 1 Figure 2.1: Project Location (Repeated) .……………………………… 7 Figure 2.2: Prime Developable Area…………………………………… 9 Figure 5.1: PEJA Map Results.………………………………………… 17 Figure 5.2: EJSCREEN Map...………………………………………… 18 FGEIS Appendices
Table of Contents Page58 Onondaga County Industrial Development Agency Final Supplemental Generic EIS White Pine Commerce Park July 2021
Description The Onondaga County Industrial Development Agency (“OCIDA”) proposes to expand its modern industrial park at the White Pine Commerce Park (“Park”), formerly known as the Clay Business Park. The Park is located northeast of the intersection of NYS Route 31 and Caughdenoy Road in the Town of Clay, Onondaga County, New York. The Park is approximately 7 miles north of the City of Syracuse.
The Park was created to be capable of supporting a mix of industrial and/or commercial uses with related office Figure 1.1 Project Location space, advanced state-of-the-art research, large- or small-scale manufacturing, assembly, warehousing, data management, material processing and distribution facilities in a campus-like setting. OCIDA has devoted substantial time and effort into developing the Park, with a particular focus on development that will bring high-tech facilities and high paying jobs to Onondaga County. More recently OCIDA has focused its efforts on the semiconductor industry. These efforts have been unsuccessful to date as it has become apparent that a larger geographic footprint is necessary in order to support this type of industry and associated investment required by the tenants.
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