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.
1- PHONE: 315.435.3770 FAX: 315.435.3669 ONGOVED.COM Regular Meeting Agenda February 9, 2023 8:30 AM Call to Order the Governance Meeting of the Agency 8:35 AM Call to Order the Regular Meeting of the Agency
RPNY Solar 4, LLC is proposing a 2.75MW community solar energy generating facility that will be located on approximately 12.4 acres of a 41.9 acre parcel in the Village of Minoa. The applicant is requesting exemptions from certain sales and use taxes, real property taxes and mortgage recording taxes.
Agency Action Requested:
a. A resolution of the Board authorizing a public hearing.
Representative: Anthony Bell, Permitting Manager, RPNY Solar 4, LLC 2. SEED Syracuse, Inc.
Purchase of With Love Restaurant, 435 North Salina Street, Syracuse, NY Agency Action Requested:
a. A resolution of the Board to authorize adoption of SEQRA determination. b. A resolution of the board authorizing the sale of 435 North Salina Street, Syracuse, NY to SEED Syracuse, Inc. and the execution of documents in connection therewith, subject to compliance with Public Authorities Law requirements. Representative: Robert Petrovich, Executive Director, OCIDA
Agency Action Requested:
a. A resolution of the Board authorizing a public hearing with respect to allowing access to meetings by videoconference as permitted by Section 103-a of NYS Open Meetings Law.
Representative: Robert Petrovich, Executive Director, OCIDA
The Agency is proposing to enter into contracts for professional engineering services, which includes but is not limited to advice and assistance to the Agency regarding site development, engineering needs of prospective companies seeking to locate in Onondaga County, environmental engineering relating to site investigation and remediation, SEQRA, traffic studies, site selection, permitting, and representing the Agency in related project development matters, and related and similar services. Agency Action Requested:
a. A resolution of the Board authorizing the Executive Director to enter into retainer agreements for professional engineering services with the following companies for professional engineering services on an as-needed basis.
1. Arcadis of NY, INC.
2. Barton & Loguidice, D.P.C
4. CHA Consulting, Inc.
5. JMT, Inc.
Representative: Robert Petrovich, Executive Director, OCIDA
Agency Action Requested:
a. A resolution of the Board authorizing a contract with Eric Mower and Associates in an amount not to exceed $3,500 for public relations/marketing services in connection with the development of White Pine Commerce Park.
Representative: Robert Petrovich, Executive Director, OCIDA
Agency Action Requested:
a. A resolution of the Board suspending the Service Agreement with Ramboll effective January 31, 2023.
b. A resolution of the Board authorizing assumption of Ramboll’s contract with Thew Associates PE-LS, PLLC in an amount not to exceed $109,200 for certain survey and topographic work at White Pine Commerce Park.
Representative: Robert Petrovich, Executive Director, OCIDA 2
Ranalli Super DC, LLC has withdrawn its application for financial assistance. Agency Action Requested:
a. A resolution of the Board acknowledging the withdrawal of the application submitted by Ranalli Super DC, LLC and revoking any and all financial assistance granted to Ranalli Super DC, LLC and United Auto Supply of Syracuse, West, Inc. in connection with the project associated with the project number listed above. Representative: Robert Petrovich, Executive Director, OCIDA
OCIDA Board to Appoint Svetlana Dyer as Assistant Secretary Agency Action Requested:
a. Resolution by the Board to appoint Svetlana Dyer as Assistant Secretary to Onondaga County Industrial Development Agency.
Representative: Robert Petrovich, OCIDA, Executive Director Adjourn 3
Onondaga County Industrial Development Agency Regular Meeting Minutes January 19, 2023 A regular meeting of the Onondaga County Industrial Development Agency was held on Thursday, January 19, 2023 at 335 Montgomery Street, Syracuse, New York in the large conference room on the first floor.
Patrick Hogan called the meeting to order at 8:40 am with the following:
PRESENT:
Patrick Hogan Janice Herzog Fanny Villarreal Kevin Ryan
ABSENT:
Victor Ianno Steve Morgan Susan Stanczyk
ALSO PRESENT:
Robert M. Petrovich, Executive Director Nate Stevens, Treasurer Nancy Lowery, Secretary Karen Doster, Recording Secretary Alexis Rodriguez, Assistant Treasurer Len Rauch, Economic Development Jeff Davis, Barclay Damon Law Firm Matthew Pelligra, Office of Economic Development Sarah Stevens, SS Funding Sources Frank Murphy, Empire Polymer Solutions Robert Poyer, Hancock & Estabrook APPROVAL OF REGULAR MEETING MINUTES – DECEMBER 20, 2022 Patrick Hogan stated there was a typo on page 11 and it should read ‘brokered” not “broken”. Nancy Lowery stated staff will correct the minutes.
Upon a motion by Janice Herzog, seconded by Fanny Villarreal, the OCIDA Board approved the regular meeting minutes of December 20, 2022 with correction on page 11. Motion was carried. TREASURER’S REPORT Alexis Rodriguez gave a brief review of the Treasurer’s Report for the month of December 2022. Upon a motion by Janice Herzog, seconded by Kevin Ryan, the OCIDA Board approved the Treasurer’s Report for the month of December 2022. Motion was carried.
Alexis Rodriguez gave a brief review of the Payment of Bills Schedule #477.
Upon a motion by Janice Herzog, seconded by Fanny Villarreal, the OCIDA Board approved the Payment of Bills Schedule #477 for $847,174.2. Motion was carried.
The Conflict of Interest was circulated and there were no conflicts reported.
Sarah Stevens stated Syracuse Haulers has exceeded their current space. She stated the machinery they work with is large so in order for them to do any expansion and purchase of equipment they need to expand the building. She stated they are looking to construct approximately 24,624 sf for a transfer station and going to purchase equipment for the transfer station to process more of the material they collect. She stated they are going to be creating 10 new jobs over 3 years to operate the new expanded space and will continually grow their business. She stated there has been a shift in the way materials are processed and Syracuse Haulers repurposes a significant amount of the materials they collect. She stated they are LEED certified in the processing of the material.
Nancy Lowery stated a public hearing was held and there were no comments on the project. Jeff Davis stated the Town of DeWitt Planning Board did the SEQR review and had done the original review as a Type I action. He stated they did a review of the expansion as well. He stated Agency Counsel reviewed all the information that was done by the Town of DeWitt and the resolution before the Board is affirming the work done by the Town of DeWitt and accepting and adopting the SEQR Negative Declaration they provided.
Upon a motion by Janice Herzog, seconded by Fanny Villarreal, the OCIDA Board approved a resolution authorizing the adoption of SEQRA determination for the Syracuse Haulers Waste Removal, Inc. Project. Motion was carried.
Upon a motion by Janice Herzog, seconded by Fanny Villarreal, the OCIDA Board approved a resolution authorizing the financial assistance the Agency will provide to include exemptions from certain real property taxes, real estate transfer taxes, sales and use taxes and mortgage recording taxes for the Syracuse Haulers Waste Removal, Inc. Project. Motion was carried.
(Frank Murphy distributed handout - Attached) Frank Murphy stated Empire Polymer purchased the former Syroco site that is 15 acres with a 200,000 square foot building back in 2019. He stated they received benefits for funding from the Agency and they are almost complete with renovations. He stated they continued with another phase of the property where they updated the front façade of the building, some roads around the back of the building and some site work. He stated they went over budget with the costs of materials over the past couple years and they are seeking an extension on that funding. Robert Petrovich stated this project is poster child for redevelopment success and reinvestment into our community. He stated Empire Polymer was looking for a home in the area and considered the former GM facility but serendipity prevailed and were able to get them to look at the former Syroco facility which was derelict, an attractive nuisance and severely tax delinquent. He stated the team at Empire Polymer has completely revitalized that property, created jobs and made a significant investment in our community. He stated it is a testament to the Board what the IDA does in support of business and manufacturing in particular. He stated he wanted to recognize what Empire Polymer has done in this community.
Patrick Hogan stated he concurs and Empire Polymer took a site that was a real problem for the community and made it into something. He stated he commends them for that.
Upon a motion by Janice Herzog, seconded by Fanny Villarreal, the OCIDA Board approved a resolution authorizing an extension to and an increase of the Sales and Use Tax Exemption for Empire Polymer Solutions, LLC and Empire Polymer Holdings, LLC. Motion was carried.
Robert Petrovich stated Hancock and Estabrook represented Syracuse Label on this bond transaction and they asked if the Agency would waive conflict and the Agency agreed. He stated for continuity sake they would also work on the IDA side of this transaction. He stated this is generally a result of Libor no longer being used as a benchmark for interest rate calculations. He stated this is more of an administerial transaction that really doesn’t affect anything other than we are swapping out LIBOR for SOFR.
Robert Poyer stated Hancock and Estabrook represented Syracuse Label and OCIDA back in 2015 for the original issuance and then again in 2016 there was a reissuance related to a renewed amortization schedule. He stated as Mr. Petrovich said this is more of an administerial action. He stated the LIBOR rate is no longer going to be quoted in US dollars as of June 30th of this year. He stated the bonds are held by M & T Bank as the sole holder and they need to switch that over to SOFR (Secured Overnight Funding Rate) and is based on trades of treasuries between banks on an overnight rate. He stated it would switch over to that rate. He stated also Syracuse Label has requested M & T Bank release general security interest in personal property. He stated the bank is over secured by the value of the real property and the building that exists on the bonds so that won’t cause a reissuance. He stated as a tax matter the value far exceeds the amount that’s outstanding on these bonds. He stated there is a potential for an extension of the put date on these bonds so that is included as a belt and suspenders thing which may or may not occur but just to keep it in there. He stated this is almost the same thing as the GA Braun deal. Patrick Hogan asked if this is a pass through. Robert Poyer stated yes, it is a conduit deal. Upon a motion by Janice Herzog, seconded by Fanny Villarreal, the OCIDA Board approved a resolution approving certain Bond modifications and (2) selecting Hancock Estabrook, LLC as bond counsel for the Bond modifications. Motion was carried.
Robert Petrovich stated RPNY Solar has withdrawn their application for financial assistance. He stated we need to paper this over and withdraw our benefit package.
Nancy Lowery stated they came before the Board a couple years ago and staff kept reaching out for a closing date. She stated they kept requesting extensions which were granted but towards the end of last year the Executive Director put a deadline on that of December 2022. She stated upon RPNY Solar receiving the deadline they chose to withdraw their application.
Kevin Ryan asked where this project is located. Nancy Lowery stated it is in Manlius. Upon a motion by Fanny Villarreal, seconded by Janice Herzog, the OCIDA Board approved a resolution acknowledging the withdrawal of the application submitted by RPNY Solar 5, LLC and revoking any and all financial assistance granted to RPNY Solar 5, LLC in connection with the project associated with the project number 3101-21-13A. Motion was carried.
PUBLIC RELATIONS/MARKETING SERVICES – CONTRACT AUTHORIZATION Robert Petrovich stated as the Board is aware staff sent out an RFP to various marketing and PR firms to assist the Agency as needs arise, particularly given the work at White Pine and overall what staff anticipates being increased level of activity in our community as a result of Micron and other projects that will be coming forward. He stated there is a stable of marketing and PR firms not unlike our stable of engineering and legal firms. He stated as needs arise staff will solicit proposals from the firms and ask them to help us with certain assignments. He stated in this particular instance he is asking the Board for approval for an authorizing of $7,500 in marketing and PR services in connection with White Pine and the Micron project to advance some marketing and PR strategies.
Patrick Hogan stated this is a great idea and it will be nice to get the real story out instead of the misinformation out there now.
Upon a motion by Fanny Villarreal, seconded by Janice Herzog, the OCIDA Board approved a resolution authorizing a contract with Eric Mower and Associates in an amount not to exceed $7,500 for public relations/marketing services in connection with the development of White Pine Commerce Park. Motion was carried.
Robert Petrovich stated RFPs are issued and we need to refresh those RFPs periodically. He stated time is up for the engineering RFP and RFPs need to be reissued to solicit proposals from firms in the area that are willing to work for the Agency in support of our mission and projects as they manifest themselves through the course of our normal business. He stated staff is looking for the Board’s authorization to release an RFP to solicit responses from engineering firms, come back to the Board and recommend the retention of those firms and as specific needs, projects, and situations arise. He stated individual proposals would be requested for specific tasks and those would come before the Board for authorization.
Upon a motion by Kevin Ryan, seconded by Fanny Villarreal, the OCIDA Board approved a resolution authorizing the issuance of an RFP for engineering services. Motion was carried.
Upon a motion by Kevin Ryan, seconded by Janice Herzog, the OCIDA Board adjourned the meeting at 9:04 am. Motion was carried.
_________________________________ Nancy Lowery, Secretary
PHONE: 315.435.3770 • FAX: 315.435.3669 January 31, 2023
Revenue / Expense / Income Current Period Current YTD Amount Change to Budget Operating/Non-Op Revenue 354,672 354,672 1,472,880 (1,118,208) Administrative Expense 33,022 33,022 816,000 (782,978) Operating/Program Expense 166,310 166,310 656,880 (490,570) Net Ordinary Income 155,340 155,340 - 155,340 Current Assets Current YTD Prior YTD Total Cash 6,301,894 7,988,354 Less Pass Through Received 5,177,969 4,616,139 Available Cash 1,123,924 3,372,215 Receivables 488,370 537,359 Grant Reimbursements - - Total 1,612,294 3,909,574 Receivables 0-120 days 487,370 > 120 days 1,000 Total 488,370 Onondaga County Industrial Development Agency Profit and Loss January 2023
Income
2116.1 Agency Fees 341,004.00 2116.2 Application Fees 10,000.00 Total 2116 Fees 351,004.00 Total 500 Operating Revenue 351,004.00
2401 Interest Income 1,067.52 501.2 Other Non-Operating Revenue 2,600.00 Total 501 Non-Operating Revenue 3,667.52
529 PILOT Income 6,132,670.22 Total 534 Pilot & Pass Thru Revenue 6,132,670.22 Total Income $6,487,341.74 GROSS PROFIT $6,487,341.74 Expenses
6402 Rent 8,933.57 6406 Other Professional Services 610.00 6407 Administrative Expense 33,022.00 6408 Meeting Expenses 129.97 6409 Conference Attendence 885.00 6410 Office Expense 2,523.48 6411 Memberships / Sponsorships 2,581.00 Total 6400 Operating Expense 48,685.02
6460 IDA General Legal 9,722.00 Total 6450 Barclay Damon 9,722.00 Total 6440 Legal Fees 9,722.00
6510.3 Legal 51,767.32 6510.5 Insurance 1,215.11 6510.6 Taxes/SDC 85,648.92 Total 6510 White Pine Commerce Park 138,631.35
6520.1 435 N Salina Expenses 2,049.12 Total 6520 North Salina Property Acquisition 2,049.12 Page Accrual Basis Monday, February19 6, 2023 04:27 PM GMT-05:00 1/2 Onondaga County Industrial Development Agency Profit and Loss January 2023
6530 800 Hiawatha Blvd. West 6530.1 Taxes 244.20 Total 6530 800 Hiawatha Blvd. West 244.20 Total 6500 Agency Program Expenses 140,924.67
6605.2 PILOT Expense 6,132,670.22 Total 6605 Pilot & Pass Thru Expenses 6,132,670.22 Total 6600 Non-Operating Expenses 6,132,670.22 Total Expenses $6,332,001.91 NET OPERATING INCOME $155,339.83 NET INCOME $155,339.83 Page Accrual Basis Monday, February20 6, 2023 04:27 PM GMT-05:00 2/2 Onondaga County Industrial Development Agency Balance Sheet As of January 31, 2023
Current Assets Bank Accounts 200 Cash 0.00 200.1 Cash - M & T Checking 5,418,692.10 200.2 Cash - M & T Money Maker Savings 892,109.29 200.4 Destiny USA Restricted Cash -8,957.82 210 Petty Cash 50.00 Total 200 Cash 6,301,893.57 Total Bank Accounts $6,301,893.57 Accounts Receivable 380 Accounts Rec.
380.1 A/R General -33,213.00 380.6 A/R Fees, Lease & PILOT 4,283,694.78 Total 380 Accounts Rec. 4,250,481.78 Total Accounts Receivable $4,250,481.78 Total Current Assets $10,552,375.35 Fixed Assets
101 White Pines Commerce Park 25,831,128.37
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 1,163,231.71 101.6 WPCP Marketing 2,954.34 Total 101 White Pines Commerce Park 27,640,827.24 106 North Salina Properties 0.00 106.1 435 North Salina 17,083.55 106.3 435 North Salina Building 634,421.53 Page Accrual Basis Monday, February21 6, 2023 04:28 PM GMT-05:00 1/3 Onondaga County Industrial Development Agency Balance Sheet As of January 31, 2023
Total 106 North Salina Properties 651,505.08 107 800 Hiawatha 604,840.42 Total 100 Land 28,897,172.74
104.1 Office Furniture 1,429.00 104.2 Equipment 4,589.00 Total 104 Machinery & Equipment 6,018.00 211 A/D Office Furniture -3,493.00 213 A/D Buildings -97,603.00 250 Investment in Real Property 6,180,006.00 Total Fixed Assets $34,982,100.74 Other Assets 240 Blue Sky Redevelopment 1,641.76 Total Other Assets $1,641.76 TOTAL ASSETS $45,536,117.85
Liabilities Current Liabilities Other Current Liabilities 600 Accounts Payable 0.00 600.1 Due to Related Party - OED 731,733.79 600.102 Due to BD WPCP 42,216.66 600.204 OHB Redev LLC Funds 357,062.00 600.205 Exp Pay Prev Period 13,521.03 600.206 Mileage Reimbursement 92.34 600.208 BlueRock Energy Agreement Deposit 25,000.00 600.209 Syracuse Rail Overpayment 500.00 600.3 Onondaga County Loan 26,088,187.09 600.31 Accrued Interest - OC Note Payable 2,129.00 Total 600.3 Onondaga County Loan 26,090,316.09 Total 600 Accounts Payable 27,260,441.91
602 Pass Thru Payable -525,000.00 603 PILOT Pass Thru 6,660,266.67 604 Other Pass Thrus -0.30 Total 601 PILOT and Pass Thru Payable 6,135,266.37
631.12 Dewitt -14.88 631.145 Onondaga -3.03 Page Accrual Basis Monday, February22 6, 2023 04:28 PM GMT-05:00 2/3 Onondaga County Industrial Development Agency Balance Sheet As of January 31, 2023
Total 631.1 Towns -17.91
631.325 Jamesville-Dewitt -97.40 631.356 Syracuse 0.01 Total 631.3 Schools -97.39 631.4 Onondaga County -970.99 631.5 City of Syracuse -1,510.13 Total 631 Due to Other Governments -2,596.42 Total Other Current Liabilities $33,393,111.86 Total Current Liabilities $33,393,111.86 Total Liabilities $33,393,111.86 Equity 3900 Equity Unreserved 9,268,998.53 3901 Equity-Investment Fixed Assets 2,345,838.63 463 Reserve For Contracts 368,811.84 465 Equity - Unreserved 4,017.16 Net Income 155,339.83 Total Equity $12,143,005.99 TOTAL LIABILITIES AND EQUITY $45,536,117.85 Page Accrual Basis Monday, February23 6, 2023 04:28 PM GMT-05:00 3/3
PAYMENT OF BILLS - SCHEDULE #478 February 9, 2023
1. NYS ECONOMIC DEVELOPMENT COUNCIL* $ 106.00 Annual Meeting 2. BRIAN R. HALL RECEIVER OF TAXES** $ 4,203.35 WPCP 2023 Real Property Taxes 3. CITY OF SYRACUSE DEPARTMENT OF FINANCE*** $ 902.83
4. CRYSTAL ROCK**** $ 33.69 Inv#22976721, 1-22-23 5. NATIONWIDE***** $ 1,707.96 Commercial Liability Insurance, Account#7J2551 6. PARK STRATEGIES***** $ 5,000.00 Jan-Feb 2023 Consulting Services, Inv#'s 16587604, 16587657 7. BARCLAY DAMON LLP $ 66,854.21 White Pine IDA Work, Inv#'s 5209028, 5210448, 5210449, 5209031 8. BARCLAY DAMON LLP $ 13,644.50 OHB Redev LLC, Inv#'s 5218852, 5222626 9. FEDEX $ 8.30 Inv#8-008-92947 TOTAL $ 92,460.84 *Ratification of Check dated January 20, 2023 **Ratification of Check dated January 23, 2023 ***Ratification of Checks dated January 24, 2023 ****Ratification of Check dated January 27, 2023 *****Ratification of Checks dated February 2, 2023 Renewable Properties, LLC
San Francisco, CA 94114 www.renewprop.com
Mr. Robert Petrovich Onondaga County IDA
2nd Floor Syracuse, NY 13202 RE: RPNY Solar 4 PILOT Application Dear Mr. Petrovich, Renewable Properties is pleased to submit this Application for Benefits for our RPNY Solar 4, AKA “Clemons Road,” Solar Project for your review and consideration. The Clemons Road Solar Project (Project) is small- scale, 2.75 MWac community solar energy generating facility that will be located on approximately 12.4 acres of a 41.9-acre parcel. The subject parcel is located at 5986 Clemons Road in the Village of Minoa, NY; (APN 005.-10-01.0). The Project company has entered into a long-term lease agreement with the property owner, RC Raimondo Properties, LLC. The Project will generate 2.75 megawatts (MW) of alternating current (AC) emission-free, clean, renewable power.
The Project will utilize approximately 6,427 modules and roughly 22 string inverters which convert the sun’s energy into usable AC power. Single-access tracking technology will be utilized to allow the modules to efficiently track the sun throughout the day and maximize the efficiency of solar collection. The modules will be mounted on a steel racking system, which will be anchored into the ground using driven steel piers. During the construction period, the Project will create up to 30 full-time construction jobs. It is our intent to primarily hire local general contractors, sub-contractors, and labor as much as possible. However, through the bidding process for our engineering, procurement, and construction (EPC) contractor for this Project, on- going conversations with EPC prospects, and our experience building similar projects in other parts of the State, we’ve come to realize that 100% local employment is not possible due to labor shortages and high demand for the particular skillsets required for these projects. Therefore, in addition to this application, we are requesting a waiver for the 100% local labor requirement and will be able to provide the necessary supporting documentation for the waiver request under a subsequent submittal.
RPNY Solar 4 requests this PILOT because our financial modeling indicates the Project would not be feasible otherwise. While past solar projects in Onondaga County may have been able to support a larger PILOT dollar value, near-term sunsetting incentives through NYSERDA, along with the disappearance of the Community Adder, have made the economics on solar projects more challenging. Although projects of this size offer outsized community benefits, their relatively small footprint mean less of an ability to take advantage of the economies of scale available to larger projects. For those reasons, a $4,000/MW PILOT is essential to bringing this opportunity and benefits to Onondaga County.
It should be noted that tax revenue from community solar systems have a 100% net benefit to the tax base. The Project will not burden municipal resources in any manner and therefore the tax proceeds generated by the Project have a 100% reduction on municipal expenses. It is respectfully submitted that no other applicant or taxpayer can make that representation.
Renewable Properties, LLC
San Francisco, CA 94114 www.renewprop.com We look forward to your review of this application and welcome any comments or questions you may have.
Sincerely,
Anthony Bell Permitting Manager Application Materials Enclosed:
Cc:
Stephanie Loucas, Renewable Properties Daniel Spitzer, Hodgson Russ Raquel Parks, Hodson Russ Nancy Lowery, OCIDA RPNY Solar 4, LLC Project Summary Draft 2/8/2023 1. Project RPNY Solar 4, LLC 2. Project Number 3101-23-1A 3. Location 5986 Clemons Rd 4. School District East Syracuse-Minoa School District
5. Tax Parcel(s) 005.-10-01.0 Village Village of Minoa 7.Total Project Cost $ 7,126,990 8. Total Jobs 0 Land $ - 8A. Job Retention 0 Site Work $ 1,015,340 8B: Job Creation 0 Building $ 2,041,423 (Next 5 Years) Furniture & Fixtures $ - Equipment $ 2,779,079 Equipment Subject to NYS Production $ - Exemption Engineering/Architecture Fees $ 102,400 Financial Charges $ 367,000 Legal Fees $ 200,000 Other- Solar Installation Labor $ - Cost Benefit Analysis RPNY Solar 4, LLC Project Description Fiscal Impact ($) Abatement Cost $ 458,295 Sales Tax $ 222,326 Mortgage Tax $ 42,762 Property Tax Relief (PILOT) $ 193,206 New Investment $ 7,391,963 PILOT Payments $ 352,333 Project Wages (10 years) $ - Construction Wages $ 435,300 RPNY Solar 4, LLC is proposing a 2.75 MW Solar energy system farm located on 12.4 acres in the Village of Minoa. Employee Benefits (10 years) $ - Project Capital Investment $ 6,505,242 New Sales Tax Generated $ - Agency Fees $ 99,087 Benefit:Cost Ratio 16 :1 RPNY Solar 4, LLC LLC- Draft 2/6/2023 A) PILOTS Estimate Table Worksheet Current Revenue Generated by Parcel $ 2,574 Expected Revenue from the Parcel if no project occurred $ 82,436.70 Projected Year 1 Revenue to be generated as a result of the project: $11,000 Total Project Cost $ 7,126,990.26 OCIDA Estimate of Project Value $ 694,769.80 Projected MW to be generated 2.75 Scheduled PILOT Payments $ 352,333 East Syracuse-Minoa Full Tax Payment without Year Onondaga County Manlius Village of Minoa Total PILOT Net Exemption School District PILOT 11% 8% 58% 23% 100.0% 2022-2023 282.69 218.38 1496.69 575.95 2573.71 1 1198.75 926.04 6346.77 2528.44 11000.00 5041.55 -5958.45 2 1222.72 944.57 6473.70 2579.01 11220.00 5142.38 -6077.62 3 1247.18 963.46 6603.18 2630.59 11444.40 5245.23 -6199.17 4 1272.12 982.73 6735.24 2683.20 11673.29 5350.13 -6323.16 5 1297.56 1002.38 6869.95 2736.86 11906.75 5457.14 -6449.62 6 1323.52 1022.43 7007.34 2791.60 12144.89 5566.28 -6578.61 7 1349.99 1042.88 7147.49 2847.43 12387.79 5677.60 -6710.18 8 1376.99 1063.73 7290.44 2904.38 12635.54 5791.16 -6844.39 9 1404.53 1085.01 7436.25 2962.47 12888.25 5906.98 -6981.27 10 1432.62 1106.71 7584.97 3021.72 13146.02 6025.12 -7120.90 11 1461.27 1128.84 7736.67 3082.15 13408.94 6145.62 -7263.32 12 1490.49 1151.42 7891.41 3143.80 13677.12 6268.53 -7408.58 13 1520.30 1174.45 8049.24 3206.67 13950.66 6393.90 -7556.76 14 1550.71 1197.94 8210.22 3270.81 14229.67 6521.78 -7707.89 15 1581.72 1221.90 8374.43 3336.22 14514.27 6652.22 -7862.05 16 1613.36 1246.33 8541.91 3402.95 14804.55 41859.88 27055.32 17 1645.63 1271.26 8712.75 3471.01 15100.64 42697.07 27596.43 18 1678.54 1296.69 8887.01 3540.43 15402.66 43551.01 28148.36 19 1712.11 1322.62 9064.75 3611.23 15710.71 44422.03 28711.33 20 1746.35 1349.07 9246.04 3683.46 16024.92 45310.47 29285.55 21 1781.28 1376.05 9430.96 3757.13 16345.42 46216.68 29871.26 22 1816.90 1403.57 9619.58 3832.27 16672.33 47141.02 30468.69 23 1853.24 1431.65 9811.97 3908.92 17005.78 48083.84 31078.06 24 1890.31 1460.28 10008.21 3987.09 17345.89 49045.52 31699.62 25 1928.11 1489.48 10208.38 4066.84 17692.81 50026.43 32333.62 38396.28 29661.48 203288.87 80986.67 352333.30 545539.57 193206.27
1. In accordance with Section 224-a(8)(d) of Article 8 of the New York Labor Law, the Agency has identified that any “financial assistance” (within the meaning of Section 858 of the General Municipal Law) granted by the Agency to the Applicant consisting of sales and use tax exemption benefits, mortgage recording tax exemption benefits and real property tax exemption benefits, constitutes “public funds” within the meaning of Section 224-a(2)(b) of Article 8 of the New York Labor Law and such funds are not excluded under Section 224-a(3) of Article 8 of the New York Labor Law. The Agency hereby notifies the Applicant of the Applicant’s obligations under Section 224-a (8)(a) of Article 8 of the New York Labor Law. 2. 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 (the “Agency” or “OCIDA”) at 315-435-3770.
3. 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.
4. If the OCIDA Board approves benefits, it is the company’s responsibility to obtain and submit all necessary forms and documents.
5. 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 Nancy Lowery at nancylowery@ongov.net. An Application will not be considered by the Agency until the Application fee has been received.
6. 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.
7. 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.
8. 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 10. This Application was adopted by the OCIDA Board on January 18, 2022.
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: Nancy Lowery 333 W. Washington Street, Suite 130 Syracuse, NY 13202 Phone: 315-435-3770 | Fax: 315-435-3669 nancylowery@ongov.net
Please answer all questions. Use “None”, “Not Applicable” and “See Attached” where necessary.
Submittal Date: _____________ A) Applicant/Project Operator information (company receiving benefits):
Applicant/Project Operator: Click here to enter text. RPNY Solar 4, LLC
Applicant/ Project Operator Address: 879 Sanchez St, San Francisco, CA 94114 Phone: (415) 710-3834 Fax: (415) 366-2952 Website: renewprop.com E-mail: stephanie@renewprop.com Federal ID#: 85-4235858 NAICS: 23 State and Year of Incorporation/Organization: __________________________________________ New York 2020 Owner (if different from Applicant/Project Operator): ______________________ Owner Address: Federal ID#:
State and Year of Incorporation/Organization:
List of stockholders, members, or partners of Owner:
________________________________________________________________________________ B) Individual Completing Application:
Name:
Title: Stephanie Loucas Address:
Vice President of Development
Phone: (415) 710-3834 Fax: N/A E-mail: stephanie@renewprop.com C) Company Contact (if different from individual completing application):
Name: Anthony Bell Title: Permitting Manager Address: 879 Sanchez St, San Francisco, CA 94114 Phone: 801-557-7971 Cell Phone: 801-557-7971 E-mail: anthony@renewprop.com D) Company Counsel:
Name of Attorney: Rob Panasci Firm Name: Young Sommer LLC Address: Executive Woods, Five Palisades Drive, Albany, NY 12205 Phone: 518.438.9907 Ext. 251 Cell Phone:
E-mail: rpanasci@youngsommer.com E) Business Organization (check appropriate category):
☐ Corporation ☐Partnership ☐ Public Corporation ☐Joint Venture ☐ Sole Proprietorship ☐Limited Liability Company ☐ Other (please specify):
Year Established: 2020 State in which Organization is established: New York F) List all stockholders, members, or partners with % of ownership greater than 5%: Name % of ownership Wildcat Renewables, LLC 100% G) Applicant Business Description:
Estimated % of sales within Onondaga County: ________________________________________ 55 Estimated % of sales outside Onondaga County but within New York State: 45 Estimated % of sales outside New York State but within the U.S.: 0 Estimated % of sales outside the U.S.: 0 (*Percentage to equal 100%) H) 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? Please attach any explanations. ☐Yes ☐No I) Has the Project Beneficiary received assistance from OCIDA, Syracuse Industrial Development Agency (SIDA), New York State or the Onondaga Civic Development Corporation (OCDC) in the past? If yes please attach an explanation and please give year, project name, and description of benefits and address of project.
☐Yes ☐No
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: 5986 Clemons Rd Legal Address (if different):
City: Village/Town: Village of Minoa Zip Code: 13057 School District: East Syracuse-Minoa Central School District Tax Map Parcel ID(s): 005.-10-01.0 Full Market Value: ________________ $64,600 Footage of Existing Building: _________________ N/A 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 ☐ Housing Project ☐Demolition and Construction ☐ Renewable Energy Project ☐Acquisition of existing facility/property ☐ Retail ☐Other:
C) Project Narrative: A statement that there is a likelihood that the project would not be undertaken but for the financial assistance provided by the Agency or, if the project could be undertaken without financial assistance provided by the Agency, a statement indicating why the project should be undertaken by the agency.
* For a Retail Project (also see page 14) * For a Renewable Energy Project (also see page 15) * For a Housing Project (also see page 17) D) Description of Project: Please provide a detailed narrative of the proposed Project. Please separately attach the description and any copies of site plans, sketches or maps. This narrative should include, but is not limited to:
☐ i) a description of your Company’s background, customers, goods and services and the principal products to be produced and/or the principal activities that will occur on the Project site;
☐ (ii) the size of the Project in square feet and a breakdown of square footage per each intended use;
☐ (iii) the size of the lot upon which the Project sits or is to be constructed; ☐ (iv) the current use of the site and the intended use of the site upon completion of the Project;
☐ (vi) describe your method for site control (Own, lease, other).
Lease 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 ( see page 14) ☐ Housing Project ( see page 17 ) ☐Mixed Use ☐ Equipment Purchase ☐Facility for Aging ☐ Multi-Use Tenant ☐Civic Facility (not for profit) ☐ Renewable Energy Project ( see page 15) ☐Other ______________________ ☐ Commercial F) If applicant will not occupy 100% of the building in a real estate transaction, provide information on tenant(s) that includes name, present address, and percentage of project to be leased, type of business organization, relationship to applicant, date and term of lease.
Not Applicable G) 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 H) 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 I) Please attach a description of any compelling circumstances the Agency should be aware of while reviewing this application.
See attached project narrative J) Local Approvals (Site Plan and Environmental Review) 1. Have site plans been submitted to the appropriate town or local planning department? ☐Yes. What is the status? ☐No. When will the plans be submitted?
_______________________________________________________ The Project has been approved by the Planning Board and Village Board 2. Has the project received site plan approval from the town or local planning board? ☐Yes ☐No 3. If no, what is the anticipated approval date? ________________________________ 4. If yes, provide the Agency with a copy of the Planning Board’s approval resolution along with the related SEQR determination. (NOTE: SEQR determination is required for final approval and sales tax agency appointment.)
a. Please attach the appropriate Environmental Impact Forms to your application. Here is a link to the SEQR forms: http://www.dec.ny.gov/permits/6191.html b. Have any environmental issues been identified on the property?
☐Yes ☐No If yes, please attach an explanation.
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 0 - 0 Site Work/Demo $1,015,340.34 - $1,015,340.34 Building Construction & Renovation $2,041,422.72 - $2,041,422.72 Furniture & Fixtures 0 - 0 Equipment* $2,779,079.20 - $2,779,079.20 Engineering/Architect $102,400.00 - $102,400.00 sFinancial Charges $367,000.00 - $367,000.00 Legal $200,000.00 - $200,000.00 Other 0 - 0 Management/Developer Fees $621,748.00 - $621,748.00 Total Project Cost $7,126,990.26 - $7,126,990.26 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 $ $7,126,990.26 Project refinancing: estimated amount (For refinancing of existing debt only) $0 Sources of Funds for Project Costs:
1. Bank Financing $ _______________
2. Equity (excluding equity that is attributed to grants/tax credits) $ 1,425,398.05 3. Tax Exempt Bond Issuance (if applicable) $ _______________ 0 4. Taxable Bond Issuance (if applicable) $ 0
and tax credits) $ 0 -Identify each state and federal grant/credit:
$ $ $ 6. Total Sources of Funds for Project Costs $ _______________ $7,126,990.26 C) Employment and Payroll Information *Full Time Equivalent (FTE) is defined as one employee working no less than 40 hours per week or two or more employees together working a total of 40 hours per week.
☐Yes ☐No If yes, provide number of FTE jobs at the facility:
Estimate the number of FTE jobs to be retained as a result of this Project: 0 Estimate the number of construction jobs to be created by this Project: 30 (est.) Estimate the average length of construction jobs to be created (months): 4 Months Current annual payroll at facility: N/A Please list, if any, benefits that will be available to either full and/or part time employees:
N/A Average annual benefit paid by the company ($ or % salary) per FTE job: N/A Amount or percent of wage employees pay for benefits: N/A Provide an estimate of the number of residents in the Economic Development Region (Onondaga, Madison, Cayuga, Oneida, Oswego, and Cortland Counties) to fill new FTE jobs:
N/A 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, and third, 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.
Please use this chart to illustrate the current employment:
Job Title/Category Current Annual Pay Current Employment (FTE) NA Please use this chart to illustrate the projected employment growth:
Job Title/Category Current Annual Pay Jobs Created Jobs Created Jobs Created Year 1 Year 2 Year 3 NA 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): Seeking PILOT of $4,000/MW for 25 years ☐ Mortgage Recording Tax Exemption (.75% of amount mortgaged): $42,761.94 ☐ Sales and Use Tax Exemption (4% Local, 4% State): $222,326.34 ☐ Tax Exempt Bond Financing (Amount Requested): 0 ☐ Taxable Bond Financing (Amount Requested): 0 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): $ 5,701,592.21 Estimated Mortgage Recording Tax Exemption Benefit (product of mortgage amount as indicated above, multiplied by .0075): $ 42,761.94 G) Sales and Use Tax Benefit Calculator: Gross amount of costs for goods and services that are subject to State and local Sales and Use Tax – said amount to benefit from the Agency’s Sales and Use Tax exemption benefit:
$ 2,779,079.20 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 page 9, this calculation only exists to help you with your estimate):
$ 222,326.34
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.
For Retail Retail Projects Only Only Tax 1. Will the cost of the retail portion of the Project exceed one-third of the total project cost?
☐Yes ☐No 2. Is the Project located in a distressed area? A distressed area is a census tract that has a) a poverty rate of a least 20% or at least 20% of households receiving public assistance, and (b) an unemployment rate of least 1.25 times the statewide unemployment rate for the year to which the date relates.
☐Yes ☐No 3. Is the Project likely to attract a significant number of visitors from outside of the economic development region?
☐Yes ☐No 4. Is the predominate purpose of the Project to make available goods or services which would not, but for the Project, be reasonably accessible to the residents of the Town, City, County or Village of where the Project will be located.
☐Yes ☐No
Please complete the following as an addendum: P X, an 1. Describe the reasons why the Agency’s financial assistance is necessary. Describe how the Project would be affected if these benefits were not provided. [see Section II (C)]
☐ Yes, please provide a copy of the lease ☐ No, purchased the property. Please provide documentation.
3. Has the applicant provided written communication to the affected taxing jurisdictions notifying them of its intent to construct a renewable energy project?
☐ Yes ☐ No 4. Has the applicant received a letter of support for the megawatt cost to be used as a basis for the PILOT from the town, city or village where the Project is located?
☐ Yes. Please provide copy.
☐ No 5. Has the applicant received a letter of support for the megawatt cost to be used as a basis for PILOT from the school district?
☐ Yes. Please provide copy.
☐ No
☐ Yes ☐ No, if not, have you reached out to the town assessor to discuss a subdivision or slash parcel? Explain: ___________________________________________ Yes- we've been coordinating with the Town Assessor through the PDD approval prcess 7. Will the applicant enter into a decommissioning plan with the host community, including financial assurance the plan can be executed?
☐ Yes, explain.
☐ No *PLEASE SEE FOLLOWING PAGE FOR OCIDA SOLAR GUIDANCE & BEST PRACTICE OCIDA Solar PILOTs Guidance and Best Practice OCIDA SOLAR PILOTs GUIDANCE AND BEST PRACTICE To be placed on the OCIDA meeting agenda, proposed solar projects must provide OCIDA with the following in advance of the Project’s first OCIDA meeting:
1. Fully completed OCIDA application.
2. Copy of Environmental Assessment Form.
3. A SEQR resolution approved by a local municipality indicating municipality will be lead agency, the type of action (I, II, or unlisted) and, if completed, the SEQR determination made by the municipality.
4. Copies of your zoning applications submitted to the local municipality.
5. Verification of parcel subdivision process with the town (if the entire parcel will not be used for the solar project).
6. A statement clarifying whether the applicant will lease or purchase the real property on which the Project is situated. If leased, provide a copy of the proposed or executed lease. If lease parcel is less then entire parcel then see 5 above.
7. A supporting document from the School District and the Town Board outlining the agreed upon cost per megawatt to be used as a basis for the PILOT. OCIDA cannot create the PILOT schedule without this information.
8. Absent a showing otherwise by the Company, deemed acceptable by the Agency in the sole and absolute discretion, the Company must close with the Agency on a project prior to consideration of any requested organizational structure or project entity ownership changes. You will receive a draft Cost Benefit Analysis and a Draft PILOT schedule from this office. You may use these documents as your Project progresses through the OCIDA approval process. OCIDA staff are available to update these two documents as needed.
Please complete the following as an addendum:
1. Describe the reasons why the Agency’s financial assistance is necessary. Describe how the project would be impacted if these benefits were not provided. [see Section II (C)] 2. Is the Project being built in a blighted area? Please describe.
3. Is the Project fulfilling an unmet need in the area? Please explain.
4. Please provide a market study documenting a need for such housing.
5. Is there support from local government officials for the Project and for the financial assistance being requested from the Agency? Please provide written documentation.
6. Is the Project considered infill in a populated area? Please explain.
8. Is there additional county infrastructure necessary to service the Project? If, yes, please explain. 9. Is the Project part of a larger mixed-use development? Please describe.
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 RPNY Solar 4, 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 1/11/2023 (date).
Company: RPNY Solar 4, LLC Representative for Contract: Stephanie Loucas __ Address: 879 Sanchez St City: San Francisco State: CA Zip: 94114 Phone: (207) 370-1343 Email: stephanie@renewprop.com Project Address: 5986 Clemons Rd City: Village of Minoa State: NY Zip: 13057 General Contractor: Unted Renewable Energy (URE) Contact Person: Jeff Crabtree Address: City: State: Zip: Phone: 470-450-8032 Email: jeff@u-renew.com Authorized Representative: Title:
Signature:
* Minimum Fee to be applied to all project receiving OCIDA benefits is 1% of the Total Project Cost (TPC) ACTIVITY FEES COMMENTS N Non- refundable Application Fee (All projects $1,000 Due at time of except Solar Projects) application Non-refundable Application Fee (Solar $10,000 Projects Only) L Legal Deposit (All projects except Solar $2,500 Due at time of Projects) application S Legal Deposit (Solar Projects Only) $5,000 Minimum Fee of 1% of TPC 1. Sales and Use Tax Exemption .01 X TPC Due at closing
3. PILOT is an additional fee .0025 X TPC (total .0125) Bonds Due at closing B Bond refinancing and refunding .0025 of TPC A Agency Legal Fees .0.
Fe Fee for first $20 million .0025 X of the project cost or bond Due at closing amount Fe Fee for expenses above $20 million ..
.0 .00125 X of project cost or bond amount . Amendment or Modification of IDA U Up to but not to exceed 5% of Agency Due at time of documents, including but not limited to name Fee as noted on the Cost Benefit Request or organization change, refinancing, etc. Analysis at time of project approval. Consent to the amendment or modification ofLe Attorney fees determined by OCIDA IDA documents prior to closing on the project Legal Representative.
shall be given at OCIDA’s sole and absolute discretion.
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.
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.
Please refer to the OCIDA Uniform Tax Exemption Policy. (add hyperlink) 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 _________________________________ RPNY Solar 4, LLC Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: _________________________________ Aaron Halimi, President Date: ______________
Agency Board Members
Agency Officers/Staff 1. Robert M. Petrovich, Executive Director
Agency Legal Counsel & Auditor 1. Jeffrey Davis, Esq., Barclay Damon LLP 2. Amanda Fitzgerald, 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 _________________________________ RPNY Solar 4, LLC Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: _________________________________ Aaron Halimi, President Date: ______________
Aaron Halimi (Name of CEO or other authorized representative of
Applicant) confirms and says that he/she is the ____________________ President (title) of ____________________ RPNY Solar 4, 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 meetings law. F. Prevailing Wage: The Applicant understands and agrees that, if the Project receives any financial assistance from the Agency, the Applicant shall determine whether the Project is a “covered project” pursuant to Section 224-a of Article 8 of the New York Labor Law and, if applicable, the Applicant shall comply with Section 224-a of Article 8 of the New York Labor Law; and the Applicant further covenants that the Applicant shall provide such evidence of the foregoing as requested by the Agency.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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.
L. 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.
M. 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. N. The OCIDA has the right to request and inspect supporting documentation regarding attestations made on this application.
O. 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.
Ms. Lowery, Thank you for your time and consideration reviewing our application for OCIDA benefits. The intent of this letter is to respond to your comments and questions regarding our application, we received via email on January 25, 2023. We have broken-out and separated your comments (italics) so that we may answer them directly in turn:
1. the Solar PILOTs guidance and best practices (application pg. 14) indicates providing supporting documentation from among others, the “Town Board” – the Town letter is an acknowledgement from the Town supervisor that the Town is aware of the request. (Village mayor letter notes the Village agrees with the PILOT and the school district superintendent’s letter indicates support for the PILOT.) Please have the Town confirm in writing that they support the PILOT or have no objection to the PILOT.
As discussed during a follow-up call on 1/26/23, the support letter from the Town of Manlius does voice the Town’s support for the $4,000/MW payment for 25-year term with 2% escalator. A copy of the support letter was resubmitted via email on 1/26/23 and an additional copy is enclosed with this letter as well.
2. Section II(A) – full market value listed as $62,400 – please confirm as tax assessment from 3/1/22 tax status date shows FMV as $64,600 Confirmed. The original value of $62,400 was erroneously from the 2021 tax card. 3. Section II(D) – include narrative as attachment that addresses the items from the description: add item (i) (background, A project Narrative was included in the original submission, the language regarding the company’s background under the section header of “The Applicant” is reiterated below:
“RPNY Solar 4, LLC is an affiliate and subsidiary of Renewable Properties, LLC. Renewable Properties is a national developer, financier, owner, and operator of community solar PV and energy storage projects across the county. The company currently has a development pipeline of over 600 megawatts across 12 states, with over a dozen projects in development or operating in New York alone.” We would like to further clarify that RPNY Solar 4, LLC is a subsidiary of Wildcat Renewables, LLC, which is a subsidiary of Renewable Properties, LLC. Hopefully this clarification will help answer additional comments below.
4. clarify the size of the project (application cover letter describes the facility as being located on approximately 12.4 acres, while the PDD site plan shows 14.2 acres identified as the solar development area);
Ms. Lowery, Thank you for your time and consideration reviewing our application for OCIDA benefits. The intent of this letter to provide the outstanding responses to your January 25, 2023 comments, which were not provided in our first comment letter from January 26, 2023. We have broken-out and separated your comments (italics) so that we may answer them directly in turn:
1. The general contractor information in Section VIII is TBD and the project is requesting a waiver from the local labor policy (also, to note that the budgets lists 0% as procured in the County). Is that because you are asking for a local labor waiver and waiting for a response?
Point of Contact information for our Prime Contractor has been provided in the latest revisions of our application, delivered on 2/6/2023.
The reason the budget originally listed 0% as procured in the County was due to the fact that our procurement and labor search is not complete yet. The 0% originally indicated was meant to be only a placeholder for the time being. We have revised the application to show these as blank for now and will be able to update them once the labor search and equipment procurement processes are complete. 2. Section III(B) – confirm that the amount of the bank financing is $5,611,187.14 (differs from Mortgage amount of $8,707,540.10 indicated in Section III(F) or provide an explanation for the difference. The original application included our construction loan financing and our permanent loan, which is obtained after construction to refinance the original construction loan, in the mortgage. Per our conversations, the second loan has been removed and only the construction financing is included. 3. Section III(F) – see preceding comment to III(B), also Mortgage amount is for more than the total project costs – please confirm or explain See explanation above. Our revised application now only includes our construction loan 4. Section III(G) – confirm that the total costs for goods and services subject to state and local sale and use tax to be exempt through the Agency is $366,103.56 and no exemption is intended for the remainder of the costs indicated in Section III(A).
This value has been reviewed and updated accordingly in the updated application.
The PDD plan shows +/- 14.2 acres for the solar development area, but the project itself does not take up the entire +/- 14.2 acres. The 12.4 acres referenced in the application is the facility size (i.e. the area inside the fence), which in our experience is what’s traditionally referred to as “project size.” 5. please clarify – will lease be for full 41.9 acres? (looks like it per provided lease, but elsewhere in the application are references that a subdivision/slash parcel process is underway) Our current lease with the landowner is for the entire 41.9 acre parcel, however, prior to entering into the Extended Term the lease area will be adjusted to include only the solar facility (per Section 3(f) of the lease).
6. likewise, please confirm that whether the PILOT is for the full 41.9 acres or the smaller parcel (with a subdivision or slash parcel);
PILOT requested will be just for the smaller parcel.
7. please add item (iv) (current use of the site);
This was also described in the Project Narrative that was submitted, but the parcel currently sits vacant with no active use.
8. for item (v) lease provided was between the property owner and Wildcat Renewables – please clarify the applicant’s method for site control.
As clarified above, RPNY Solar 4, LLC is a subsidiary of Wildcat Renewables, LLC, which is a subsidiary of Renewable Properties, LLC.
9. Section VI(2) – lease provided is for Wildcat Renewables, not the applicant – please clarify As clarified above, RPNY Solar 4, LLC is a subsidiary of Wildcat Renewables, LLC, which is a subsidiary of Renewable Properties, LLC.
10. Section X, XI, XII – please execute.
Executed and notarized copies were submitted on 1/23/23 RPNY Solar 4, LLC
RPNY Solar 4 Clemons Road Solar Project Project Narrative & Description Project Site The Clemons Road Solar Project (Project) is small-scale community solar energy generating facility that will be located on approximately 12.4 acres of a 41.9-acre parcel. The subject parcel is located at 5986 Clemons Road (APN 005.-10-01.0) in the Village of Minoa, NY, and is currently vacant. The Project’s parent company, Wildcat Renewables, LLC, has entered into a long-term lease agreement with the property owner, RC Raimondo Properties, LLC (copy of lease agreement attached), which will be transferred to RPNY Solar 4, LLC. The Project will generate 2.75 megawatts (MW) of alternating current (AC) emission-free, clean, renewable power.
The Applicant RPNY Solar 4, LLC is an affiliate and subsidiary of Renewable Properties, LLC. Renewable Properties is a national developer, financier, owner, and operator of community solar PV and energy storage projects across the county. The company currently has a development pipeline of over 600 megawatts across 12 states, with over a dozen projects in development or operating in New York alone.
Municipal Approvals A full environmental assessment form (FEAF) was completed by the Project team and submitted to the Town of Manlius in December of 2021 (FEAF attached). The Village of Minoa Board of Trustees declared their intent to serve as SEQRA lead agency, classified the Project as an Unlisted Action pursuant to SEQRA and declared to conduct an uncoordinated SEQRA review of the Unlisted Action at their meeting on February 4, 2022. At their September 6, 2022, meeting, the Village of Minoa Board of Trustees issued a Negative Declaration of Significant Adverse Impact as SEQRA lead agency for the proposed Project (a copy is attached). The Project was approved to be rezoned as a Planned Development District (PDD) allowing for solar development and received Site Plan approval from the Village of Minoa Board of Trustees on October 17, 2022 (approving resolutions attached).
Project Description The Project will interconnect to National Grid’s existing electrical distribution system, which is located on site. The power generated from this facility will be sold to consumers via the state's Community Distributed Generation program (commonly called community solar). This program allows customers to directly offset their energy use with local solar power while saving money on their electrical bills. According to National Energy Laboratory, only 27% of all homes in the United States can install solar panels. This statistic indicates 73% of the country's population is denied access to renewable energy. Community solar provides utility savings and renewable energy access to businesses and residents that cannot install solar panels on their building because of a lack of financial means, or because of a physical barrier to installation. Community solar lowers the barriers of access to renewable energy, making it attainable for all local residents. The Project will generate an estimated 4,842,000 kWhrs of pollution-free electricity annually, supplying roughly 432 local residences. Additionally, the Project will generate community solar credits for ninety cents on the dollar which will be credited it to residents’ utility invoices. Both residential and commercial customers can take advantage of the savings.
The Project will utilize approximately 6,427 modules and roughly 22 string inverters which convert the sun’s energy into usable AC power. Single-access tracking technology will be utilized to allow the modules to efficiently track the sun throughout the day and maximize the efficiency of solar collection. The modules will be mounted on a steel racking system, which will be anchored into the ground using driven steel piers. The Project will provide electric utility cost savings for Onondaga County residents and businesses. The Project will also result in increased revenues to the county and local municipal tax base, payments to the local hospitality industry, purchase of local supplies and goods, and lease revenues to the participating landowner.
During the construction period, the Project will create up to 30 full-time construction jobs. It is our intent to primarily hire local general contractors, sub-contractors, and labor as much as possible. However, through the bidding process for our engineering, procurement, and construction (EPC) contractor for this Project, on- going conversations with EPC prospects, and our experience building similar projects in other parts of the State, we’ve come to realize that 100% local employment is not possible due to labor shortages and high demand for the particular skillsets required for these projects. Therefore, in addition to this application, we will submit a written request for a waiver to the Executive Director of the Agency with supporting documentation for the waiver request.
OCIDA Benefits Statement RPNY Solar 4 requests this PILOT because our financial modeling indicates the Project would not be feasible otherwise. While past solar projects in Onondaga County may have been able to support a larger PILOT dollar value, near-term sunsetting incentives through NYSERDA, along with the disappearance of the Community Adder, have made the economics on solar projects more challenging. Although projects of this size offer outsized community benefits, their relatively small footprint mean less of an ability to take advantage of the economies of scale available to larger projects. For those reasons, a $4,000/MW PILOT is essential to bringing this opportunity and benefits to Onondaga County.
It should be noted that tax revenue from community solar systems have a 100% net benefit to the tax base. The Project will not burden municipal resources in any manner and therefore the tax proceeds generated from the existence of the Project have a 100% reduction on municipal expenses. Moreover, the Project will still pay any applicable special district taxes. It is respectfully submitted that almost no other applicant or taxpayer/use can make that representation. PILOT payments with a 2% contractual escalator will total $ 11,000/year for base year up to $17,692 in year 25 for a total of $352,333 in payment in lieu of taxes. Letters of support for the proposed PILOT have been obtained from the Village of Minoa, the Town of Manlius, the East Syracuse Minoa Central School District, and the Onondaga County Legislature and have been attached to this application.
We are excited to work with the Onondaga County Industrial Development Agency and advance this Project through to commercial operation.
Sincerely,
OWNER: RC RAIMONDO PROPERTIES, LLC
585.232.5135 / 585.232.4652 fax www.bergmannpc.com
APPLICANT:RPNY SOLAR 4, LLC
PROJECT CONTACT LIST DRAWING INDEX
OWNER: ARCHITECT: ELECTRICAL ENGINEER: APPROVED BY: 3/23/2022 REVISED PER VILLAGE COMMENTS - RC RAIMONDO PROPERTIES, LLC - TBD - TBD C000 COVER SHEET 4/14/2022 REVISED PER VILLAGE COMMENTS - 46 PIER 7 CHARLESTOWN, MA 02129 4/22/2022 REVISED PER VILLAGE COMMENTS C001 GENERAL NOTES 6/2/2022 REVISED PER VILLAGE COMMENTS OWNER 8/30/2022 REVISED PER VILLAGE COMMENTS C002 AREA PARCEL PLAN 10/13/2022 REVISED PER VILLAGE COMMENTS DATE:
APPROVED BY:
APPLICANT: MECHANICAL ENGINEER: - RENEWABLE PROPERTIES, LLC - TBD C005 SITE PLAN
AND ITS AFFILIATE:
RPNY SOLAR 4, LLC C006 EROSION & SEDIMENT CONTROL PLAN - 879 SANCHEZ ST DATE:
- CONTACT: STEPHANIE LOUCAS C008- C011 DETAILS I- DETAILS IV APPROVED BY: - PHONE: 415-710-3834
CIVIL ENGINEER: - BERGMANN DATE: - 280 EAST BROAD STREET SUITE 200 APPROVED BY:
STRUCTURAL ENGINEER:
- TBD - CONTACT: DAVID PLANTE - PHONE: 585.232.5135 DIRECTOR OF ENGINEERING AND PLANNING DATE:
1" - 1000' PROJECT TOPOGRAPHIC MAP: 1" - 1000' APPROVED BY:
DATE:
APPROVED BY:
DATE: SITE LOCATION SITE LOCATION 01/01/2012 3:50:15 PM
Bergmann Associates, Architects, Engineers, Landscape Architects & Surveyors, D.P.C.
Suite 200 Rochester, NY 14604 office: 585.232.5135 fax: 585.232.4652 www.bergmannpc.com
M:\Renewable Properties, LLC\014919.11 Renewable Properties-RPNY Clemons Rd Sol\4.0 Dwgs\4.1 Civil\001-General Notes and Legend.dwg Copyright © Bergmann Associates, Architects, Engineers, Landscape Architects & Surveyors, D.P.C Project Manager: Checked By:
Designed By: Drawn By:
Date Issued: Project Number:
. 10/14/2022 10:20 AM Drawing Number: C001 2 of 12
Bergmann Associates, Architects, Engineers, Landscape Architects & Surveyors, D.P.C.
Suite 200 Rochester, NY 14604 office: 585.232.5135 fax: 585.232.4652 www.bergmannpc.com
M:\Renewable Properties, LLC\014919.11 Renewable Properties-RPNY Clemons Rd Sol\4.0 Dwgs\4.1 Civil\002-Area Parcel Plan.dwg Copyright © Bergmann Associates, Architects, Engineers, Landscape Architects & Surveyors, D.P.C Project Manager: Checked By:
Designed By: Drawn By:
OWNER TAX ID ADDRESS MUNICIPALITY ZONE Date Issued: Project Number: ID
1 HOME OWNERS ASSOCAITION 067.-04-15.0 TOWN OF MANLIUS R-3 WAY
2 HOME OWNERS ASSOCAITION 067.-01-54.1 TOWN OF MANLIUS R-3 RD 3
JILLIAN L.
TOWN OF MANLIUS R-A AREA PARCEL 4
PATRICIA M.
TOWN OF MANLIUS R-A PLAN
5 067.-01-83.0 BAIRD ST TOWN OF MANLIUS R-A 10/14/2022 10:20 AM
6 005.-04-03.0 VILLAGE OF MINOA R-A Drawing Number:
7 CAPSTRAW, KARA N. 005.-02-01.0 VILLAGE OF MINOA R-A PL 1" = 200' SCALE BAR 8 STAIANO, MARIA A. & RALPH V. 04.-07-04.3 527 BAIRD ST VILLAGE OF MINOA R-B 3 of 12
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