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 March 23, 2023 8:30 AM Call to Order the Audit Committee 8:40 AM Call to Order the Annual Meeting of the Agency 8:45 AM Call to Order the Regular Meeting of the Agency A. Approval of Minutes: February 9, 2023 B. Treasurer’s Report C. Payment of Bills D. Conflict of Interest Action Items:
1. Audit from Grossman St. Amour Presentation of Audit to the Board Agency Action Requested:
a. A resolution of the Board approving the 2022 Audit of the Agency.
Representative: Mike Lisson, Auditor, Grossman St. Amour 2. Cryomech, Inc. (3101-19-02A) Modification Meeting Cryomech, Inc. is requesting the Board to consent to the sale of its interest in its 2019 project facility.
Agency Action Requested:
a. A resolution of the Board consenting to the sale and assignment of the right, title and interest in a certain project facility by Cryomech, Inc. to Bluefors Cryocooler Technologies Inc.
Representative: Rich Dausman, President, Cryomech, Inc.
3. Cryomech, Inc. (3101-22-08A) Modification Meeting Cryomech, Inc. is requesting the Board to consent to the sale of its interest in a board-approved project facility (straight-lease transaction not yet closed). Agency Action Requested:
b. A resolution of the Board approving the sale and assignment of the right, title and interest in a certain project facility by Cryomech, Inc. to Bluefors Cryocooler Technologies Inc.
Representative: Rich Dausman, President, Cryomech, Inc.
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 5. J. W. Didado Electric, LLC (3101-21-15B) Modification Meeting J.W. Didado is requesting an increase to their sales and use tax from $323,000 to $380,000.
Agency Action Requested:
a. A resolution of the Board authorizing an increase their sales and use exemption. Representative: JoAnne Getman, Project Controls Manager, VIP Structures
Agency Action Requested:
a. A resolution authorizing the use of videoconference as permitted by Section 103-a of NYS Open Meetings Law.
Representative: Jeff Davis, Legal Counsel, Barclay Damon
Preparation and transmittal of an explanatory statement in connection with property disposition for items of personal property currently on Burnet Road. Agency Action Requested:
a. A resolution of the Board authorizing the preparation and transmittal of an explanatory statement with respect to the potential sale of certain property on Burnet Road, White Pine Commercial Park.
Representative: Robert Petrovich, Executive Director, OCIDA 2
Agency Action Requested:
a. A resolution of the Board authorizing a contract with JMT of New York, Inc. in an amount not to exceed $4,250,000 for engineering services to provide planning, environmental and engineering support in connection with development of White Pine Commerce Park.
Representative: Robert Petrovich, Executive Director, OCIDA
Agency Action Requested:
a. A resolution of the Board authorizing a contract with Barton and Loguidice in an amount of $15,000 for engineering services to provide planning, environmental and engineering regarding Caughdenoy Industrial Park.
Representative: Robert Petrovich, Executive Director, OCIDA
Agency Action Requested:
a. A resolution of the Board authorizing a contract with ABC Creative Marketing Group in an amount not to exceed $75,000 for public relations/marketing services for OCIDA to communicate the Agency’s objectives.
Representative: Robert Petrovich, Executive Director, OCIDA
Agency Action Requested:
a. A resolution of the Board authorizing the execution and delivery of an access agreement with Micron in connection with development of White Pine Commerce Park.
Representative: Robert Petrovich, Executive Director, OCIDA Adjourn 3
Onondaga County Industrial Development Agency Regular Meeting Minutes February 9, 2023 A regular meeting of the Onondaga County Industrial Development Agency was held on Thursday, February 9, 2023 at 335 Montgomery Street, Syracuse, New York in the large conference room Floor 2M.
Patrick Hogan called the meeting to order at 8:34 am with the following:
PRESENT:
Patrick Hogan Janice Herzog Susan Stanczyk Kevin Ryan
ABSENT:
Victor Ianno Steve Morgan Fanny Villarreal
ALSO PRESENT:
Robert M. Petrovich, Executive Director Nate Stevens, Treasurer Nancy Lowery, Secretary Svetlana Dyer, Assistant Secretary Karen Doster, Recording Secretary Alexis Rodriguez, Assistant Treasurer Len Rauch, Economic Development Jeff Davis, Barclay Damon Law Firm Melissa Bonnet, Barclay Damon Law Firm Matthew Pelligra, Office of Economic Development Mitch Latimer, Carpenter’s Union Anthony Bell, RPNY Solar 4, LLC Jake Clay, RPNY Solar 4, LLC Christopher Bianchi, Syracuse City School District Tom Law APPROVAL OF REGULAR MEETING MINUTES – JANUARY 19, 2023 Upon a motion by Janice Herzog, seconded by Kevin Ryan, the OCIDA Board approved the regular meeting minutes of January 19, 2023. Motion was carried.
TREASURER’S REPORT Nate Stevens gave a brief review of the Treasurer’s Report for the month of January 2023. Upon a motion by Susan Stanczyk, seconded by Kevin Ryan, the OCIDA Board approved the Treasurer’s Report for the month of January 2023. Motion was carried.
Nate Stevens gave a brief review of the Payment of Bills Schedule #478.
Upon a motion by Susan Stanczyk, seconded by Janice Herzog, the OCIDA Board approved the Payment of Bills Schedule #478 for $92,460.84 and PILOT payments to Onondaga County for $9,428.91, City of Syracuse for $8,493.64, Syracuse School District for $14,547.90, Onondaga County for $1,114,621.62, City of Syracuse for $29,804.86, Town of Onondaga for $3.57, Town of DeWitt for $95,730.56, Jamesville DeWitt CSD for $11,477.80, Town of Salina for $106,084.09, Town of Cicero for $62,141.18, Town of Lysander for $53,118.00, Town of Clay for $68,207.00, Town of Van Buren for $64,956.00, Town of Elbridge for $95,989.00, Town of Skaneateles for $38,867.77, Town of Geddes for $545.48, Village of North Syracuse for $15,051.00, Village of Solvay for $4,339.94, Liverpool School District for $528,953.00, North Syracuse School District for $523,979.64, Baldwinsville School District for $490,155.00, ESM School District for $494,801.31, Jordan Elbridge Central School District for $520,703.00, Skaneateles School District for $214,011.56, Lyncourt Central School District for $547,551.31, City of Syracuse Central School District for $52,484.00 Marcellus School District for $2,798.00 and Solvay Central School District for $9,123.94. Motion was carried.
The Conflict of Interest was circulated and there were no conflicts reported.
2 Anthony Bell stated this is a 2.75 megawatt AC project that has been approved in the Village of Minoa via a Planned Development District (PDD) within the Village. He stated it is a process that has been going on for a little over a year. He stated they received the final PDD approvals. He stated subsequently they received the PILOT support letters from the four taxing jurisdictions, the Village, the Town, the School District and the County. He stated they have submitted an application and are requesting a PILOT. He thanked Nancy Lowery for helping them get the application in order and submitting comments. He stated their intent is to break ground and start construction around April or May of this year. He stated they recently engaged with their prime engineering procurement construction (EPC) contractor. He stated they kicked off their labor search and materials procurement processes which are underway. He stated they anticipate a 4-5 month construction schedule.
Patrick Hogan asked if RPNY Solar 4 is the same company that withdrew the request for help for a project in Manlius. Nancy Lowery stated that was RPNY Solar 5. Anthony Bell stated yes and the project was permitted in Manlius before he joined the company but the project had an approved PILOT from the Agency. He stated the reason that project did not go forward was due to a combination of things. He stated the project was smaller than the one before the Board today, just north of 1 megawatt AC. He stated the company could not get the construction costs and overall economics to pencil out. He stated that project was pulled because it became a nonviable project economics wise. He stated they resubmitted all the notice letters to the Agency as well as the town. He stated that project is no longer going to be built.
Patrick Hogan stated when applications are accepted there is a lot of work that goes into issuing the benefits. He stated staff spends a lot of time on these and it is disappointing when a company withdraws their application. He stated this is unprecedented about a letter being received regarding the issue with local labor. He stated traditionally we adhere to the local labor policy for Agency projects unless there is some sort of mitigating circumstance where there isn’t an expertise in this area for a particular project. He stated RPNY Solar is assuming they cannot find local labor here. He stated at times the Board is contacted by local trade unions regarding the absence of efforts when contemplating projects. He asked who the company has contacted. Anthony Bell stated the origination of the confusion was when the first submitted the original application.
3 Patrick Hogan stated there was not confusion on the Agency’s part and the letter states RPNY wants a wavier before the project even started. Anthony Bell stated the confusion he was alluding to was the waiver amount and was certainly premature on their part. He stated they anticipated needing a waiver based on their experience around the state as well as conversations with the EPC and their experience around the state saying achieving 100% local labor is hard to hit and something they have never have been able to do on other projects around the state. He stated that was said before the local labor search as well as procurement had actually been done in earnest. He stated the intent and hope on their part was to convey that they were anticipating some sort of waiver. He stated they wanted to convey that as soon as possible and not bring it up after the PILOT was approved and reviewed. He stated it was premature to indicate any waiver amount because they had not begun their local labor search. He stated they are in the process now with their EPC. He stated as indicated in the original cover letter and application, they will be able to submit all the necessary documentation and proof to support a waiver request subsequently once they complete their diligence to look for labor and materials procurement. Kevin Ryan asked who the EPC vendor is that said they had a difficult time finding local labor. Anthony Bell stated United Renewable Energy. He stated the concern they had was the 100% number because based on previous experience with projects done in the state. He stated 100% is a very pure threshold because if you have one person show up and work one hour on the project you are no longer at 100%. He stated they are trying to be cautious and acknowledge the high threshold. He stated this is information relayed from their EPC who has experience in the state along with RPNY. He stated it was an attempt to be upfront and transparent as soon as possible that they were anticipating needing some sort of waiver. He stated if it was premature on their part and caused more confusion than being helpful, they apologize.
Robert Petrovich stated OCIDA has a policy in place that requires 100% local labor and is a requirement when a project comes before the Board for benefits. He stated the Board can only operate based on what RPNY has provided and the company provided a letter saying they are looking for a 50% waiver right out of the box. He stated the project is providing 30 construction jobs and no permanent jobs. He asked if they cannot find 15 people within 10 counties to do this work. He stated he finds himself scratching his head because OCIDA receives feedback from our constituency telling us they absolutely can do this work but no one has contacted them. He stated that is troubling. He stated one of the ways we deal with situations like this where the project does not adhere to the policy is the Agency rescinds the benefits and cancels the PILOT. 4 Anthony Bell stated the original submittal letter did not indicate a 50% waiver and that was subsequently after a phone call with Nancy Lowery when she asked if RPNY will be able to provide how much of a waiver they were indicating right now. He stated they didn’t start their labor search in earnest so they didn’t have a number to go off of for the project. He stated when Ms. Lowery asked for the number in order to facilitate the application, 50% was a number that they have had to use in Western New York. He stated having been asked to provide the number right then and there was the only data point they were able to go off. He stated that number was not based on any efforts that had been undertaken in Onondaga County or surrounding counties. He stated the 50% was certainly not based on any work done for the project yet.
Robert Petrovich stated it does not matter if it is 50%, 60% or 70%, the requirement is 100%. He stated waivers have been granted in the past with extenuating circumstances such as specialized equipment and installations that require the manufacturer to install so they don’t void any warranties on a particular piece of equipment. He stated the Board is not adverse to granting waivers when they are appropriate and when they are sought in advance but just saying you can’t find tradespeople to install solar components doesn’t really make sense.
Anthony Bell stated the waiver process allows for if special certifications are needed, lack of labor availability and cost differentials. He stated based on projects built in the state they were anticipating labor availability but also cost differential. Robert Petrovich stated this Board has received labor waiver requests related to cost differentials and it is not because the components or installers can’t be found but because it affects project budget. He stated it is appreciated but at the end of the day he does not see how the loop is closed on this conversation.
Patrick Hogan stated with RPNY’s history on the previous project and the letter, he would like to table the project and RPNY needs to make every effort to attain assurance that local labor will be used on this project then come back before the Board.
Kevin Ryan stated Mr. Petrovich just gave a good explanation as to the history of the Board granting waivers as to the local labor requirement under certain circumstances. He stated it can be tabled and we can demand assurances they are going to ask for local labor but he is not comfortable voting for an application that includes in the cover letter right off the bat they are preemptively asking for a waiver. He stated he does not want to table the project he wants it 5 resubmitted with that taken out. He stated he is not going to vote on anything that asks for a waiver of the local labor requirement right off the bat.
The Board agreed to pull the application.
Jeff Davis stated the appropriate resolution before the Board would be “the Agency will not accept the application as submitted and direct the applicant to resubmit.” Upon a motion by Kevin Ryan, seconded by Janice Herzog, the OCIDA Board approved a resolution the OCIDA Board approved a resolution to not accept the RPNY Solar 4 application and direct the applicant to resubmit. Motion was carried.
Anthony Bell asked if when submitting the new application, should the due diligence and backup be prepared and ready. Robert Petrovich stated a case needs to be made. Jeff Davis stated it is unprecedented to grant a local labor waiver in advance of the company making the effort to contact the local labor. He stated he understands they talked to an EPC and maybe they should speak to a different one because he finds it hard to believe they are at 50% local for 30 jobs. He stated it seems the effort is not being made.
Jake Clay stated he spoke with the EPC and the conversations with them was it was likely they would be able to find the electrical subcontractor, a civil contractor, the site work and the fence within the local labor area. He stated the specific labor force they are concerned about is the mechanical installers. He stated that would be the installer pounding the posts, installing the racking and modules. He stated he has called Mitch Latimer and Greg Lancette and will be reaching out to them again. He stated if there are any folks in the area that are qualified to do the work they would be happy to contact them as well.
Robert Petrovich stated the Agency has a great relationship with Mitch Latimer and Greg Lancette who are the labor representatives locally. He stated one of the things that bolsters their position is letters from the trades saying locally there isn’t the bandwidth, the capacity etc. and that would be a different conversation than what is happening right now. He stated there is no supporting documentation that gives the Board comfort.
6 Jake Clay stated he understands and they will do what they can to reach out to the trades. He stated he would like to make the Board aware that the construction timeline is to start work at the end of April and be operational by the end of the year.
Robert Petrovich stated he will caution them that there is a but for provision so if construction starts before they are approved they will not receive benefits. Jake Clay stated he understands. SEED SYRACUSE, INC. – PURCHASE OF WITH LOVE RESTAURANT, 435 NORTH SALINA STREET.
Robert Petrovich stated a while back the Agency acquired 435 North Salina Street and an adjacent property that was to be retrofitted, renovated and used in conjunction with OCC to provide an incubator space for people to learn how to get into the restaurant business and provide culinary services to potentially open their own restaurant. He stated that mission and the relationship with OCC has changed and morphed into something that is different from what the original mission was. He stated staff has been able to strike a deal with representatives of the Allyn Foundation to take this property and integrate it into their mission as an incubator space, for a lack of a better description, which get people started in this field and then potentially locate them at Salt City Market. He stated negotiations have taken place for a purchase and sale agreement, received an appraised price for the property and we are in a position to sell the property to SEED Syracuse which is an affiliate of the Allyn Foundation.
Patrick Hogan stated this is a great. He stated the Landback was involved in this and sold it to the Agency. He stated the educational aspect went well but selling the property to the Allyn Foundation is the best result.
Robert Petrovich stated we are good at owning real estate that is not developed but this requires a lot of management and not the best use of our skills and talents.
Jeff Davis stated it is an unlisted action and has been reviewed. He stated it is a sale of land and issuing a negative declaration because there is no significant adverse environmental impacts as a result of the sale.
7 Upon a motion by Susan Stanczyk, seconded by Kevin Ryan, the OCIDA Board approved a resolution authorizing adoption of SEQRA determination. Motion was carried.
Upon a motion by Susan Stanczyk, seconded by Janice Herzog, the OCIDA Board approved a resolution 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. Motion was carried.
OPEN MEETINGS LAW – VIDEOCONFERENCING Jeff Davis stated the Open Meetings Law – Videoconferencing was discussed at the Governance Committee meeting. He stated the motion and specific action is to vote for a public hearing with regard to allowing participation in voting by members remotely that cannot make a meeting due to extraordinary circumstances as laid in policy required by the Agency. He stated it does still require a quorum in the room. He stated this will be back before the Board for a formal vote. Upon a motion by Janice Herzog, seconded by Kevin Ryan, the OCIDA Board approved a resolution authorizing a public hearing with respect to allowing access to meetings by videoconference as permitted by Section 103-a of NYS Open Meetings Law. Motion was
carried.
OCIDA ENGINEERING SERVICES Robert Petrovich stated this is consistent with past practice with all the professional providers being it legal, consulting, marketing and public relations. He stated staff has solicited proposals from a stable of firms. He stated we received 6 responses from firms that have elected to submit proposals for the Board. He stated as projects and needs manifest themselves and we need specific skills of a particular firm, we will be able to enter into work orders, scopes of services and budget estimates for work we contemplate and require being done. He stated it will come back before the Board for specific authorization of the monies requested to be spent. He stated this particular action is to authorize the Agency to enter into agreements and using the stable of engineering contractors on a going forward basis.
8 Jeff Davis stated it establishes the group of engineering firms that the Agency can go to. He stated it was done through an RFP process. He stated the RFP is set up with an initial 3 year term with automatic 1 year extensions subject to termination with 60 days’ notice for a total maximum term of not to exceed 6 years. He stated it will be 3 years then 1 year, 1 year and 1 year for maximum of 6 years.
Patrick Hogan stated this allows the Board to be more flexible in addressing issues that come up. Upon a motion by Janice Herzog, seconded by Susan Stanczyk, the OCIDA Board approved a resolution authorizing the Executive Director to enter into retainer agreements for professional engineering services with the following companies: Arcadis of NY, Inc.; Barton & Loguidice, D.P.C; C & S Companies; CHA Consulting, Inc.; JMT, Inc. and Ramboll Group for professional engineering services on an as-needed basis. Motion was carried.
PUBLIC RELATIONS/MARKETING SERVICES – CONTRACT AUTHORIZATION Robert Petrovich stated this is a cleanup resolution from last month. He stated there was a subsequent bill that came in and we did not authorize enough funding at the last meeting which was about $7,500. He stated this authorization for $3,500 in payment closes out that contract and asking for the Board’s permission to effect that outcome.
Upon a motion Janice Herzog, seconded by Kevin Ryan, the OCIDA Board approved a resolution 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. Motion was carried.
Robert Petrovich stated this action is being sought because of the relationship that the IDA has had with Ramboll over the last several years, providing support services to us in connection with the development of White Pine Mega Campus. He stated what has transpired over the past couple of months is the desire of Micron to enlist the services of Ramboll on specific project elements and that would create a conflict because they cannot service 2 masters. He stated we 9 are in a position to release Ramboll from their contract with the IDA. He stated if there are other projects that come forward that Ramboll does not have a conflict on the Agency can use them in that regard. He stated in this particular situation Ramboll and Micron are looking to formalize a business relationship. He stated there is an outstanding item which is the topographic and boundary survey that was completed for the White Pine site that was requested by Micron that Ramboll undertook with a subcontractor. He stated this request and this action is to be able to transfer and sign that contract from Ramboll through Thew over to the IDA such that if there are any adjustments, modifications or changes that might need to be made then we do them. Jeff Davis stated the $109,200 on the Agenda is an amount that was previously approved under the Ramboll contract to increase the amount on their contract for the Thew subcontracting. He stated now in essence the Board is not approving an additional amount of money but saying since we are suspending the services of the White Pine contract with Ramboll we need to assume that contract directly with us so the amount will come over under that contract amount of $109,200. Robert Petrovich stated instead of paying Ramboll, the Agency will pay Thew.
Upon a motion by Janice Herzog, seconded by Susan Stanczyk, the OCIDA Board approved a resolution suspending the Service Agreement with Ramboll effective January 31, 2023. Motion was carried.
Upon a motion by Janice Herzog, seconded by Susan Stanczyk, the OCIDA Board approved a resolution authorizing the 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. Motion was carried.
Robert Petrovich stated Ranalli Super DC, LLC project submitted an application for consideration of approval at least 18 months ago and there has been no movement towards closing and getting the project finalized. He stated after several conversations with counsel, the
applicants counsel and the applicants engineer, the applicant has decided to withdraw this 10 application, rethink their project and come back to the Board at a future time with a different project for the site. He stated it is giving them an opportunity to rethink what they want to do. Patrick Hogan asked if any work has been done at the site. Robert Petrovich stated he does not think so but not 100% sure. He stated anything precludes them from coming to the Board for benefits.
Kevin Ryan asked if this is the warehouse they were going to build. Robert Petrovich stated yes. Susan Stanczyk stated she had recused from voting at the last vote. Jeff Davis stated this is a vote to terminate versus the vote in the past was to grant benefits so he thinks Ms. Stanczyk is ok to vote.
Kevin Ryan asked if a resolution is needed. Jeff Davis stated typically the Agency does a resolution to terminate so when the ABO does an audit on our open projects it is shown it has been officially terminated. He stated it will show on the website as well.
Upon a motion by Janice Herzog, seconded by Kevin Ryan, the OCIDA Board approved a resolution acknowledging the withdrawal of the application submitted by Ranalli Super DC, LLC and revoking any and all financial assistance grant 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 (3101-21-10A). Motion was carried.
APPOINTMENT OF ASSISTANT SECRETARY – SVETLANA DYER Robert Petrovich stated we have an assistant treasurer that has worked out well for the IDA Board particularly in the absence of the treasurer. He stated to the extent that Nancy Lowery needs assistance, we would like to appoint Svetlana Dyer as assistant secretary to the IDA Board. He stated Lana has only been here for a short time and it has been good.
Upon a motion by Susan Stanczyk, seconded by Janice Herzog, the OCIDA Board approved a resolution appointing Svetlana Dyer as Assistant Secretary to Onondaga County Industrial Development Agency. Motion was carried.
11
Upon a motion by Susan Stanczyk, seconded by Janice Herzog, the OCIDA Board adjourned the meeting at 9:17 am. Motion was carried.
_________________________________ Nancy Lowery, Secretary 12
PHONE: 315.435.3770 • FAX: 315.435.3669 February 28, 2023
Revenue / Expense / Income Current Period Current YTD Amount Change to Budget Operating/Non-Op Revenue 615,096 969,768 1,472,880 (503,112) Administrative Expense 46,703 79,725 816,000 (736,275) Operating/Program Expense 17,389 183,699 656,880 (473,181) Net Ordinary Income 551,004 706,344 - 706,344 Current Assets Current YTD Prior YTD Total Cash 4,195,385 3,221,709 Less Pass Through Received 78,135 7,468 Available Cash 4,117,250 3,214,241 Receivables 611,088 466,984 Grant Reimbursements - - Total 4,728,337 3,681,225 Receivables 0-120 days 611,088 > 120 days Total 611,088 Onondaga County Industrial Development Agency Profit and Loss February 2023
Income
2116.1 Agency Fees 12,000.00 2116.3 WPCP Agency Fee 599,087.78 Total 2116 Fees 611,087.78 2410 Lease Income 2,750.00 Total 500 Operating Revenue 613,837.78
2401 Interest Income 1,132.49 501.2 Other Non-Operating Revenue 126.00 Total 501 Non-Operating Revenue 1,258.49
528.003 OHB Redev LLC Funds Pass Thru 13,644.50 529 PILOT Income -5,176.65 Total 534 Pilot & Pass Thru Revenue 8,467.85 550 WPCP Pass Thru Revenue 1,027,561.03 Total Income $1,651,125.15 GROSS PROFIT $1,651,125.15 Expenses
6406.50 Consulting Services 5,000.00 Total 6406 Other Professional Services 5,000.00 6407 Administrative Expense 46,702.86 6408 Meeting Expenses 250.68 6409 Conference Attendence 2,265.00 6410 Office Expense 1,413.63 Total 6400 Operating Expense 55,632.17
6510.5 Insurance 1,707.96 6510.7 WPCP Marketing 6,747.07 Total 6510 White Pine Commerce Park 8,455.03
6520.1 435 N Salina Expenses 5.00 Total 6520 North Salina Property Acquisition 5.00 Total 6500 Agency Program Expenses 8,460.03 page 17 Accrual Basis Monday, March 20, 2023 11:25 AM GMT-04:00 1/2 Onondaga County Industrial Development Agency Profit and Loss February 2023
6605.2 PILOT Expense 3,060.17 6606 OHB Redev LLC Funds Pass Thru 13,644.50 Total 6605 Pilot & Pass Thru Expenses 16,704.67 Total 6600 Non-Operating Expenses 16,704.67
6610.1 Barclay Damon 533,334.00 6610.3 Ramboll 168,616.50 Total 6610 WPCP Pass Thru Expenses 701,950.50 Total Expenses $782,747.37 NET OPERATING INCOME $868,377.78 NET INCOME $868,377.78 page 18 Accrual Basis Monday, March 20, 2023 11:25 AM GMT-04:00 2/2 Onondaga County Industrial Development Agency Balance Sheet As of February 28, 2023
Current Assets Bank Accounts 200 Cash 0.00 200.1 Cash - M & T Checking 3,311,498.61 200.2 Cash - M & T Money Maker Savings 892,793.90 200.4 Destiny USA Restricted Cash -8,957.82 210 Petty Cash 50.00 Total 200 Cash 4,195,384.69 Total Bank Accounts $4,195,384.69 Accounts Receivable 380 Accounts Rec.
380.6 A/R Fees, Lease & PILOT 1,861,775.81 Total 380 Accounts Rec. 1,861,775.81 Total Accounts Receivable $1,861,775.81 Total Current Assets $6,057,160.50 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 19 Accrual Basis Monday, March 20, 2023 11:24 AM GMT-04:00 1/3 Onondaga County Industrial Development Agency Balance Sheet As of February 28, 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 $41,040,903.00
Liabilities Current Liabilities Accounts Payable 300 WPCP Pass Thru Payable 901,381.57 Total Accounts Payable $901,381.57 Other Current Liabilities 600 Accounts Payable 0.00 600.1 Due to Related Party - OED 79,724.86 600.102 Due to BD WPCP 42,216.66 600.204 OHB Redev LLC Funds 343,417.50 600.205 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 26,594,788.48
603 PILOT Pass Thru 1.01 Total 601 PILOT and Pass Thru Payable 1.01
631.15 Salina 4,583.19 page 20 Accrual Basis Monday, March 20, 2023 11:24 AM GMT-04:00 2/3 Onondaga County Industrial Development Agency Balance Sheet As of February 28, 2023
Total 631.1 Towns 4,583.19
631.235 Liverpool 4,538.00 Total 631.2 Villages 4,538.00
631.335 Liverpool 31,677.00 631.356 Syracuse 13,998.00 Total 631.3 Schools 45,675.00 631.4 Onondaga County 15,864.00 631.5 City of Syracuse 7,475.00 Total 631 Due to Other Governments 78,135.19 Total Other Current Liabilities $26,672,924.68 Total Current Liabilities $27,574,306.25 Total Liabilities $27,574,306.25 Equity 3900 Equity Unreserved 9,735,808.53 3901 Equity-Investment Fixed Assets 2,345,838.63 463 Reserve For Contracts 368,811.84 465 Equity - Unreserved 4,017.16 Net Income 1,012,120.59 Total Equity $13,466,596.75 TOTAL LIABILITIES AND EQUITY $41,040,903.00 page 21 Accrual Basis Monday, March 20, 2023 11:24 AM GMT-04:00 3/3
PAYMENT OF BILLS - SCHEDULE #479 March 23, 2023
1. ONONDAGA COUNTY CLERK* $ 5.00 Lein Discharge 2. ONONDAGA COUNTY PLANNING FEDERATION** $ 150.00
3. NYS ECONOMIC DEVELOPMENT COUNCIL*** $ 2,115.00
4. CRYSTAL ROCK**** $ 81.41 Inv#22976721, 2-19-23 5. DOWNTOWN COMMITTEE OF SYRACUSE***** $ 1,360.00 Downtown Enthusiast Sponsor 2023 6. MOHAWK VALLEY EDGE $ 1,837.50
7. BARCLAY DAMON LLP $ 63,153.38 IDA, Roth Steel, and WPCP Legal 8. BARCLAY DAMON LLP $ 1,867.00 OHB Redev, LLC, Inv#5224872 9. JMT OF NEW YORK, INC. $ 3,002.50 Inv#34-103938, Roth Steel 10. ROBERT PETROVICH $ 212.33 Meeting Mileage 11. NATE STEVENS $ 204.41 Meeting Mileage 12. NANCY LOWERY $ 204.41 Meeting Mileage 13. SVETLANA DYER $ 204.41 Meeting Mileage Schedule #479 14. MOWER $ 10,870.00 White Pine, Inv#266033 15. BROWN & BROWN OF NEW YORK, INC. $ 6,148.00 Insurance Renewal, Inv#11548286 16. FEDEX $ 8.30 Inv#8-044-64580 TOTAL $ 91,423.65 *Ratification of Check dated February 9, 2023 **Ratification of Check dated February 13, 2023 ***Ratification of Check dated February 16, 2023 ****Ratification of Check dated February 23, 2023 *****Ratification of Check dated March 7, 2023
PAYMENT OF BILLS - SCHEDULE #479 March 23, 2023 PILOT Payments 1. ONONDAGA COUNTY* $ 116,979.93 Annual 2023 PILOT Payments 2. VILLAGE OF BALDWINSVILLE* $ 92,618.00 Annual 2023 PILOT Payments 3. TOWN OF CLAY* $ 4,286.00 Annual 2023 PILOT Payments 4. TOWN OF VAN BUREN* $ 21,539.00 Annual 2023 PILOT Payments 5. TOWN OF DEWITT* $ 35,981.62 Annual 2023 PILOT Payments 6. TOWN OF CICERO* $ 4,227.00 Annual 2023 PILOT Payments 7. TOWN OF LYSANDER* $ 39,326.00 Annual 2023 PILOT Payments 8. CITY OF SYRACUSE* $ 2,040.96 Annual 2023 PILOT Payments 9. SYRACUSE CSD* $ 7,389.73 Annual 2023 PILOT Payments 10. NORTH SYRACUSE CSD* $ 26,251.00 Annual 2023 PILOT Payments 11. LIVERPOOL CSD* $ 53,941.00 Annual 2023 PILOT Payments 12. EAST SYRACUSE MINOA CSD* $ 178,085.53 Annual 2023 PILOT Payments 13. BALDWINSVILLE CSD* $ 328,643.00 Annual 2023 PILOT Payments 1 Schedule #479 14. TOWN OF LAFAYETTE** $ 2,908.00 Annual 2023 PILOT Payments 15. LAFAYETTE CSD** $ 9,475.00 Annual 2023 PILOT Payments 16. ONONDAGA COUNTY*** $ 15,864.00 Annual 2023 PILOT Payments 17. CITY OF SYRACUSE*** $ 7,475.00 Annual 2023 PILOT Payments 18. CITY OF SYRACUSE CSD*** $ 13,998.00 Annual 2023 PILOT Payments 19. TOWN OF SALINA*** $ 4,584.00 Annual 2023 PILOT Payments 20. VILLAGE OF LIVERPOOL*** $ 4,538.00 Annual 2023 PILOT Payments 21. LIVERPOOL CSD*** $ 31,677.00 Annual 2023 PILOT Payments TOTAL $ 1,001,827.77 *Ratification of Checks dated February 16, 2023 **Ratification of Checks dated February 23, 2023 ***Ratification of Checks dated March 10, 2023 2 Annual Meeting March 23, 2023 Michael Lisson, CPA, CITP Partner
Syracuse, New York 13202 1 315.424.1120 • www.gsacpas.com
REQUIRED COMMUNICATIONS ANNUAL FINANCIAL INFORMATION FINANCIAL STATEMENTS INVESTMENT POLICY COMPLIANCE REPORT ON INTERNAL CONTROL & OTHER COMPLIANCE OTHER INFORMATION Required Communications Required by Generally Accepted Governmental Auditing Standards (GAGAS) AU‐C Section 260, The Auditor’s Communication with Those Charged with Governance Those Charged with Governance Responsible for overseeing strategic direction of entity Responsible for obligations related to accountability Oversees the financial reporting process, including internal controls Slide 1 Required Communications (continued) Auditor’s Responsibilities with Regard to the Financial Statement Audit We form and express an opinion on your financial statements. Does not relieve management or the board of their responsibilities Further described in the annual engagement letter Planned Scope and Timing of the Audit Communicated on October 6, 2022 We carried out our audit consistent with the planned scope and timing previously communicated Significant Risks Identified:
Revenue Recognition Investment in real property A significant risk for our audit purposes are risks relating to amounts or disclosures in the financial statements that require special audit consideration because of the likelihood and magnitude of the potential misstatement. We consider certain factors to determine whether a risk is a significant risk.
Slide 2 Required Communications (continued) Qualitative aspects of significant accounting practices The notes to financials describes significant accounting practices Pollution remediation obligations (note 2) Investment in real property ‐ $29.5m (note 2) Financial assistance program (note 3) Tax abatement programs (note 4) Property leases and bonds payable (conduit debt‐$68.8m) (note 9) Note payable to Onondaga County ‐ $25.9m (note 12) Significant estimates Depreciable lives (5 to 39 years) Pollution remediation obligations Financials and notes are fairly consistent with prior year and are fairly presented.
Difficulties encountered in performing the audit None. Management is well prepared and was extremely helpful in assisting and preparing information for the audit Slide 3 Required Communications (continued) Uncorrected and corrected misstatements There were no uncorrected misstatements that were not recorded by management Entries during the course of the audit related to depreciation expense ($17k), OED expense not required to be funded per Onondaga County ($699k) and interest on note payable to Onondaga county ($487k) Slide 4 Required Communications (continued) Disagreements with management None to report Management Representations Letter dated March 23, 2023 Management Consultations with Other Independent Accountants No consultations have been noted Compliance with All Ethics Requirements regarding independence Appropriate safeguards applied to eliminate/reduce identified threats to independence, primarily related to non‐audit services provided. Non‐audit services include:
Preparation of the financial statements (deemed a “significant threat”) Other Audit Findings or Issues None to report Slide 5 Annual Financial Information Financial Statements Unmodified (“clean”) audit opinion (pgs 1‐3) Change in format and wording of opinion this year Report on required supplementary information (RSI) Other information Management’s Discussion and Analysis (pgs 4‐7) Statements of Net Position (pg 8) Statements of Revenues, Expenses & Changes in Net Position(pg 9) Statements of Cash Flows (pgs 10‐11) Notes to financial statements (pgs 12‐21) Supplemental Schedule (NYS requirement) (pgs 22‐23) Slide 6 Annual Financial Information Net Position Summary Year Ended December 31,
Cash and cash equivalents $ 4,051,978 $ 2,975,229 $ 5,069,972 Receivables ‐ agency fees 417,245 282,570 269,149 Receivables ‐ White Pines pass through 209,113 ‐ ‐ Receivables ‐ PILOT pass through 32,471 32,765 ‐ Capital assets 4,766,163 4,488,414 4,502,156 Investment in real property 29,508,083 6,180,006 ‐ Total assets 38,985,053 13,958,984 9,841,277 Current liabilities 624,164 749,875 386,715 Note payable to Onondaga County 25,888,840 1,747,910 ‐ Total liabilities 26,513,004 2,497,785 386,715 Net position:
Net investment in capital assets 4,766,163 4,488,414 4,502,156 Unrestricted 7,705,886 6,972,785 4,952,406 Total net position $ 12,472,049 $ 11,461,199 $ 9,454,562 Slide 7 Annual Financial Information Change in Net Position Summary Year Ended December 31,
Operating revenues $ 2,887,193 $ 2,334,950 $ 2,803,839 Operating expenses 1,392,265 326,923 1,951,084 Operating income (loss) 1,494,928 2,008,027 852,755 Other revenues (expenses) (484,078) (1,390) 1,577 Change in net position 1,010,850 2,006,637 854,332 Net position ‐ beginning of year 11,461,199 9,454,562 8,600,230 Net position ‐ end of year $ 12,472,049 $ 11,461,199 $ 9,454,562 Slide 8 Annual Financial Information Financial Highlights Operating Revenues increased $552,243 in 2022 compared to a decrease of $1,079,180 in 2021. This was primarily due to the following:
Increase in overall Agency fees received of $799,429 compared to 2021. Significant Agency fees included $570,458 from Baldwinsville Senior Housing Preservation LLC, $567,500 from LOSO, LLC, $140,201 from Fayette Manlius LLC and $126,025 Old Seneca Turnpike LLC;
Decrease of $828,554 in 2022 for reimbursement of costs related to the White Pine Commerce Park from Onondaga County; and Increase of $373,811 for reimbursement of development costs from a utility company for work related to the White Pine Commerce Park.
Increase of $206,203 of pass‐through income related to White Pine Commerce Park.
Slide 9 Annual Financial Information Financial Highlights (continued) Operating Expenses increased $1,065,342 in 2022. Development costs increased $660,933 related to White Pine Commerce Park and pass through expense of $206,203 increased also related to the White Pine Commerce Park. General and administrative increased $187,379 primarily due to a cancelled project fee of $155,000.
Slide 10 Annual Other Reporting Investment Policy Compliance Required by NYS Public Authorities Law section 2925 No non‐compliance matters noted or identified Report on Internal Control over Financial Reporting and on Compliance and Other Matters No material weaknesses or non‐compliance matters noted Slide 11 RPNY Solar 4, LLC Project Summary Draft 3/20/2023 1. Project RPNY Solar 4, LLC 2. Project Number 3101-23-1A 3. Location 5986 Clemons Rd 4. School District East Syracuse-Minoa Central 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 $ 462,256 Sales Tax $ 222,326 Mortgage Tax $ 46,723 Property Tax Relief (PILOT) $ 193,206 New Investment $ 7,292,876 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 $ - RPNY Solar 4, LLC LLC- Draft 3/17/2023 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 $ 352,333.30 Full Tax East Syracuse-Minoa Year Onondaga County Manlius Village of Minoa Total PILOT Payment without Net Exemption Central School District
10.90% 8.42% 57.70% 22.99% 100.00% 2022-2023 $ 282.69 $ 218.38 $ 1,496.69 $ 575.95 $ 2,573.71 1 $ 1,198.75 $ 926.04 $ 6,346.77 $ 2,528.44 $ 11,000.00 $ 5,041.55 $ (5,958.45) 2 $ 1,222.72 $ 944.57 $ 6,473.70 $ 2,579.01 $ 11,220.00 $ 5,142.38 $ (6,077.62) 3 $ 1,247.18 $ 963.46 $ 6,603.18 $ 2,630.59 $ 11,444.40 $ 5,245.23 $ (6,199.17) 4 $ 1,272.12 $ 982.73 $ 6,735.24 $ 2,683.20 $ 11,673.29 $ 5,350.13 $ (6,323.16) 5 $ 1,297.56 $ 1,002.38 $ 6,869.95 $ 2,736.86 $ 11,906.75 $ 5,457.14 $ (6,449.62) 6 $ 1,323.52 $ 1,022.43 $ 7,007.34 $ 2,791.60 $ 12,144.89 $ 5,566.28 $ (6,578.61) 7 $ 1,349.99 $ 1,042.88 $ 7,147.49 $ 2,847.43 $ 12,387.79 $ 5,677.60 $ (6,710.18) 8 $ 1,376.99 $ 1,063.73 $ 7,290.44 $ 2,904.38 $ 12,635.54 $ 5,791.16 $ (6,844.39) 9 $ 1,404.53 $ 1,085.01 $ 7,436.25 $ 2,962.47 $ 12,888.25 $ 5,906.98 $ (6,981.27) 10 $ 1,432.62 $ 1,106.71 $ 7,584.97 $ 3,021.72 $ 13,146.02 $ 6,025.12 $ (7,120.90) 11 $ 1,461.27 $ 1,128.84 $ 7,736.67 $ 3,082.15 $ 13,408.94 $ 6,145.62 $ (7,263.32) 12 $ 1,490.49 $ 1,151.42 $ 7,891.41 $ 3,143.80 $ 13,677.12 $ 6,268.53 $ (7,408.58) 13 $ 1,520.30 $ 1,174.45 $ 8,049.24 $ 3,206.67 $ 13,950.66 $ 6,393.90 $ (7,556.76) 14 $ 1,550.71 $ 1,197.94 $ 8,210.22 $ 3,270.81 $ 14,229.67 $ 6,521.78 $ (7,707.89) 15 $ 1,581.72 $ 1,221.90 $ 8,374.43 $ 3,336.22 $ 14,514.27 $ 6,652.22 $ (7,862.05) 16 $ 1,613.36 $ 1,246.33 $ 8,541.91 $ 3,402.95 $ 14,804.55 $ 41,859.88 $ 27,055.32 17 $ 1,645.63 $ 1,271.26 $ 8,712.75 $ 3,471.01 $ 15,100.64 $ 42,697.07 $ 27,596.43 18 $ 1,678.54 $ 1,296.69 $ 8,887.01 $ 3,540.43 $ 15,402.66 $ 43,551.01 $ 28,148.36 19 $ 1,712.11 $ 1,322.62 $ 9,064.75 $ 3,611.23 $ 15,710.71 $ 44,422.03 $ 28,711.33 20 $ 1,746.35 $ 1,349.07 $ 9,246.04 $ 3,683.46 $ 16,024.92 $ 45,310.47 $ 29,285.55 21 $ 1,781.28 $ 1,376.05 $ 9,430.96 $ 3,757.13 $ 16,345.42 $ 46,216.68 $ 29,871.26 22 $ 1,816.90 $ 1,403.57 $ 9,619.58 $ 3,832.27 $ 16,672.33 $ 47,141.02 $ 30,468.69 23 $ 1,853.24 $ 1,431.65 $ 9,811.97 $ 3,908.92 $ 17,005.78 $ 48,083.84 $ 31,078.06 24 $ 1,890.31 $ 1,460.28 $ 10,008.21 $ 3,987.09 $ 17,345.89 $ 49,045.52 $ 31,699.62 25 $ 1,928.11 $ 1,489.48 $ 10,208.38 $ 4,066.84 $ 17,692.81 $ 50,026.43 $ 32,333.62 $ 38,396.28 $ 29,661.48 $ 203,288.87 $ 80,986.67 $ 352,333.30 $ 545,539.57 $ 193,206.27 Renewable Properties, LLC
San Francisco, CA 94114 www.renewprop.com
Mr. Robert Petrovich Onondaga County IDA 335 Montgomery Street, 2nd Floor Syracuse, NY 13202 RE: RPNY Solar 4 PILOT Application Dear Mr. Petrovich, Renewable Properties is pleased to submit an updated 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. We are aware of OCIDA’s local labor requirements and are working with our engineering, procurement, and construction (EPC) prime contractor towards the 100% local labor requirement.
RPNY Solar 4 requests this PILOT because our financial modeling indicates the Project would not be feasible otherwise. 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.
Renewable Properties, LLC
San Francisco, CA 94114 www.renewprop.com We appreciate the Board’s comments at the February 9, 2023 meeting regarding the original application. The Project is committed to using to using local labor and has removed the request for a waiver at this time. 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:
Robert Panasci, Esq., Young Sommer Stephanie Loucas, Renewable Properties Nancy Lowery, OCIDA
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 Onondaga County Industrial Development Agency Page 1 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.
Onondaga County Industrial Development Agency Page 2 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 Onondaga County Industrial Development Agency Page 1 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% Onondaga County Industrial Development Agency Page 2 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 Onondaga County Industrial Development Agency Page 3
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 Onondaga County Industrial Development Agency Page 4 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 Onondaga County Industrial Development Agency Page 5 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.
Onondaga County Industrial Development Agency Page 6
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) $ 897,239.26 3. Tax Exempt Bond Issuance (if applicable) $ _______________ 0 4. Taxable Bond Issuance (if applicable) $ 0 Onondaga County Industrial Development Agency Page 7
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 Onondaga County Industrial Development Agency Page 8 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): 46,723.13 ☐ 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 Onondaga 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): $ 6,229,751.00 Estimated Mortgage Recording Tax Exemption Benefit (product of mortgage amount as indicated above, multiplied by .0075): $ 46,723.13 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 Onondaga 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 County Industrial Development Agency Page 11
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 Onondaga County Industrial Development Agency Page 12
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 Onondaga County Industrial Development Agency Page 13 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.
Onondaga County Industrial Development Agency Page 14
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.
Onondaga County Industrial Development Agency Page 15
* 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. Onondaga County Industrial Development Agency Page 17
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: ______________
Onondaga County Industrial Development Agency Page 18
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: ______________
Onondaga County Industrial Development Agency Page 19
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. Onondaga County Industrial Development Agency Page 20 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.
Onondaga County Industrial Development Agency Page 21 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.
Onondaga County Industrial Development Agency Page 22 Name of Applicant Company:
Signature of Officer or Authorized Representative:
� Name & Title of Officer or Authorized Representative: Aaron Halimi Date: -------
COUNTY OF ONONDAGA ) ss.;
----------------, being first duly sworn, deposes and says:
Aaron Halimi 1. That I am the President (Corporate Officer) of RPNY Solar 4, 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 und�Walties of perjury this .2-tJ day o'f'__:'20� End of Application Rev 1.18.22 Onondaga County Industrial Development Agency Page 23 Renewable Properties, LLC
San Francisco, CA 94114 www.renewprop.com RPNY Solar 4, LLC
Renewable Properties, LLC
San Francisco, CA 94114 www.renewprop.com 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 with no active uses. 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 Wildcat Renewables, LLC, a 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 on approximately 14.2 acres of the larger, 41.9-acre parcel (PDD graphic included). The Project 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 Renewable Properties, LLC
San Francisco, CA 94114 www.renewprop.com 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. We are aware of OCIDA’s local labor requirements and are working with our engineering, procurement, and construction (EPC) prime contractor towards the 100% local labor requirement.
OCIDA Benefits Statement RPNY Solar 4 requests this PILOT because our financial modeling indicates the Project would not be feasible otherwise. 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:
This is a long document — showing the opening sections. Read the complete text.