City of Syracuse Industrial Development Agency. 333 West Washington St, Suite 130 Syracuse, NY Tel (315) Fax (315)

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1 City of Syracuse Industrial Development Agency 333 West Washington St, Suite 130 Syracuse, NY Tel (315) Fax (315) Minutes City of Syracuse Industrial Development Agency Board of Directors Meeting Thursday September 6, 2012, 8:30 A.M. Common Council Chambers 304 City Hall 233 East Washington St. Syracuse, NY Board Members Present: William Ryan, John Gamage, M. Catherine Richardson, Esq., Pamela Hunter Board Members Absent: Donald Schoenwald, Esq. Staff Present: Ben Walsh, Shannon Jones, Esq., Debra Ramsey Burns, Sue Katzoff, Esq., Greg Streeter, Judith DeLaney. Others Present: Councilor Khalid Bey, Councilor Jake Barrett, James Conroy, Len Montreal, Alex Marion, Rich Puchalski, Joel Rinne, Robert Stamey, Daryl Files, Mary Salibrici, Lisa Robel, John Hawkins, Todd Morgan, Kevin Morgan, Mark Stanko, Liz Ferrer. Media: Ryan DeLaney /WRVO, Rick Moriarty/Post Standard, Brandon Roth/CNY Central, YNN I. Public Hearings Morgan Pond Street, LLC Mr. Ryan opened the Public Hearing at 8:31 a.m. by reading verbatim the Notice of the Public Hearing on Morgan Pond Street, LLC. A copy of the Public Notice is attached hereto and thereby included in the minutes. After reading the notice, Mr. Ryan asked if anyone in attendance wished to speak in favor of the Project. Mary Salibrici, a neighbor, spoke in favor of the Project. Ms. Salibrici said she has lived three blocks from the Pond Street store for 35 years and does not own a car. She stated like many of the residents of the neighborhood, she is on a limited income, and the closing of the former Wegman s grocery store at the

2 site has forced the neighbors to do grocery shopping at convenience stores where prices are high and fresh produce is not sold. She noted the neighborhood needed a full fledged grocery store and she was looking forward to the opening of the new Tops store and the ability to walk to it. Mr. Ryan asked if anyone else in attendance wished to speak in favor of the Project. John Hopkins, who identified himself as President of the Vinette Towers Association, also spoke in favor of the Project. Mr. Hopkins said Vinette Towers, built in 1973 on Pond Street, is next to the store location and in need of a neighborhood grocery store. He said the decision by Tops Markets to open a store at the site is appreciated by the neighborhood. The Hon. Jake Barrett, who represents the first District where the proposed store is to be located, also spoke in favor of the Project. Councilor Barrett said the store was vital to the neighborhood. He noted the large refugee population on the North Side, where 32 different languages are spoken, would patronize and support the Tops store. He also pointed out the property started as a cemetery and was now being brought back to life. Lisa Robel, who identified herself as a new resident of the neighborhood, spoke in favor saying she looked forward to the store s opening. Kevin Morgan, a representative of Morgan Pond Street, LLC, also spoke. He thanked the community for supporting the Project and said he anticipated work would be starting shortly. Liz Ferrer, who stated she worked with the North side refugee community, spoke in favor and thanked the Board for its support. She noted the restoration of a grocery store on Pond Street would be of great benefit to the neighborhood. Rich Puchalski, Executive Director of Syracuse United Neighbors, (SUN) also spoke. Mr. Puchalski said his organization has been in existence for 35 years and the Tops project would be a great asset for the neighborhood. He noted SUN represented the South Side neighborhood and cited a recent housing project in that area where his organization believed the owners had chosen to hire labor from out of state to do construction work. He advocated for a plan to track the hiring practices of companies receiving public benefits to ensure local labor was used. Daryl Files was the final individual speaking in favor of the Project. Ms. Files said she was a North side resident and noted that she and many of her neighbors walk everywhere. She also noted she had visited a number of Tops grocery stores in the past several weeks and was excited the Company was coming to Pond Street, advising she couldn t wait until we get our grocery store back. Mr. Ryan asked if anyone else in attendance wished to speak in favor of the Project. No one else spoke. He then asked one final time if anyone else in attendance wished to speak in favor of the Project. No one else spoke. Mr. Ryan then asked if anyone in attendance wished to speak in opposition to the Project. No one spoke in opposition.

3 Mr. Ryan asked an additional two times if anyone wished to speak in opposition to the Project. No one spoke in opposition. Mr. Ryan closed the Public Hearing at 8:46 a.m. Tops Markets, LLC Mr. Ryan opened the Public Hearing at 8:46 a.m. by reading verbatim the Notice of the Public Hearing on Tops Markets, LLC. A copy of the Public Notice is attached hereto and thereby included in the minutes. After reading the notice, Mr. Ryan asked if anyone in attendance wished to speak in favor of the Project. Mark Stanko introduced himself as Director of Construction for Tops. Mr. Stanko said Tops planned to build on and enhance the same departments the former grocery store owner had in the store. He said the store will have the amenities that all Tops Markets enjoy, including marketing, store coupons, ads and participation in the Company s gas point program. Mr. Stanko indicated Tops was very happy to be working with Morgan Pond Street, LLC and looked forward to executing a lease with them. He noted Tops hoped to open its Valley Plaza location by the end of October and indicated construction at Pond Street would move very quickly. Mr. Ryan noted Mayor Minor and Counselor Barrett had worked very hard to make this store a reality, and urged Mr. Stanko to finalize the lease with Morgan as soon as possible. Len Montreal, who identified himself as the owner of Montreal Construction, also spoke. Mr. Montreal said his company is working with Tops on the Pond Street location and had completed 35 other Tops Markets store renovations. He said Tops was a great company to work with and was socially responsible. He noted many of the same MWBE sub contractors Montreal Construction had used in the past would be working with him on the Pond Street renovation. Mr. Ryan asked if anyone else in attendance wished to speak in favor of the project. Councilor Barrett again came forward in support of the Project and noted the City had made capital investments in the area and supported Home Headquarters efforts to renovate a number of homes in the neighborhood. Mr. Ryan asked a final time if anyone else wished to speak in favor of the Project. No one else spoke in favor. Mr. Ryan then asked if anyone in attendance wished to speak in opposition to the Project. No one spoke in opposition. Mr. Ryan then asked an additional two times if anyone wished to speak in opposition to the Project. No one spoke in opposition. Mr. Ryan closed the Public Hearing at 8:55 a.m.

4 II. Call Meeting to Order Mr. Ryan called the meeting to order at 8:55 a.m. III. Roll Call Mr. Ryan acknowledged all Board members were present except for Mr. Schoenwald. IV. Proof of Notice Mr. Ryan noted the notice of the meeting had been timely and properly provided. V. Minutes Mr. Ryan asked for a motion to accept the minutes from the August 21, 2012 Board of Directors meeting. Ms. Richardson made the motion. Ms. Hunter seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY ACCEPTED THE MINUTES FROM THE AUGUST 21, 2012 BOARD OF DIRECTORS MEETING. VI. New Business Morgan Pond, LLC Ms. Katzoff informed the Board that her law firm had received a conflict of interest waiver from Robert Morgan, the principal of Morgan Pond, LLC. She then advised the Board they were being asked to approve resolutions to undertake the Project. Ms. Katzoff first reviewed the Project briefly, saying it consisted of the acquisition of a 3.2 acre site containing a 32,800 sq. ft. building and parking lot to be used as a grocery store. She noted the Company was seeking benefits from the Agency including sales and mortgage tax exemptions and a PILOT agreement. She advised the Board there was not a separate SEQRA resolution, as the Project consisted of a Type II action under SEQRA, based on the Environmental Assessment Form (EAF) received from the Company. Ms. Katzoff then asked the Board to approve an Inducement Resolution undertaking the Project and advised the resolution authorized the execution of an agreement between the Agency and the Company. Mr. Ryan asked for a motion to approve the Inducement resolution. Mr. Gamage made the motion. Ms. Richardson seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY APPROVED A RESOLUTION UNDERTAKING THE ACQUISITION, RENOVATION, RECONSTRUCTION, AND EQUIPPING OF A CERTAIN PROJECT, APPOINTING MORGAN POND STREET AS AGENT OF THE AGENCY FOR THE PURPOSE OF THE ACQUISITION, RENOVATION, RECONSTRUCTION AND EQUIPPING OF THE PROJECT, AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BETWEEN THE AGENCY AND THE COMPANY.

5 Ms. Katzoff then asked the Board to consider and approve a PILOT resolution for the Project. Mr. Walsh said the Project conformed to a Class 4 exemption schedule under the Agency s Uniform Tax Exempt Policy (UTEP). Mr. Ryan asked for a motion to approve the PILOT resolution. Ms. Richardson made the motion. Ms. Hunter seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY AUTHORIZED A RESOLUTION APPROVING A PAYMENT IN LIEU OF TAX SCHEDULE AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS BY THE AGENCY IN CONNECTION WITH A CERTAIN PROJECT UNDERTAKEN AT THE REQUEST OF THE COMPANY. Ms. Katzoff then asked the Board to approve a Final resolution authorizing the Chairman to execute documents relative to the Project. Mr. Ryan asked for a motion to approve a Final resolution. Mr. Gamage made the motion. Ms. Hunter seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY APPROVED A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS BY THE AGENCY IN CONNECTION WITH A CERTAIN PROJECT UNDERTAKEN AT THE REQUEST OF MORGAN POND STREET, LLC. Tops Markets, LLC Ms. Katzoff advised the Board they were being asked to approve resolutions authorizing the Agency to undertake the Project. She noted this Project was related to the Morgan Pond Street, LLC Project, as Tops will be the tenant in the Pond Street building to be acquired by Morgan. She reviewed the Project, which entails both the renovation of the subject property and the acquisition of machinery and equipment associated with a full service grocery store. She said the Company was seeking only a sales tax exemption benefit from the Agency. She noted there was not a separate SEQRA resolution as a review of the EAF prepared by the Company indicated the Project was a Type II action under SEQRA, requiring no further review. Ms. Katzoff then asked the Board to approve an Inducement resolution undertaking the Project and authorizing the execution of an agreement between the Agency and the Company. Mr. Ryan asked for a motion to approve the Inducement resolution. Ms. Richardson made the motion. Mr. Gamage seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY APPROVED A RESOLUTION UNDERTAKING THE ACQUISITION, RENOVATION, RECONSTRUCTION, AND EQUIPPING OF A CERTAIN PROJECT, APPOINTING TOPS MARKETS, LLC AS AGENT OF THE AGENCY FOR THE PURPOSE OF THE ACQUISITION, RENOVATION, RECONSTRUCTION AND EQUIPPING OF THE PROJECT, AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BETWEEN THE AGENCY AND TOPS MARKETS, LLC. Ms. Katzoff then asked the Board to approve a Final resolution for the Project authorizing the Chairman to execute documents relative to the Project.

6 Mr. Ryan asked for a motion to approve a Final resolution. Ms. Hunter made the motion. Mr. Gamage seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY APPROVED A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS BY THE AGENCY IN CONNECTION WITH A CERTAIN PROJECT UNDERTAKEN AT THE REQUEST OF TOPS MARKETS, LLC. Ms. Hunter expressed her concern regarding the use of local labor and how important she believed it to be for the benefit of the community. Ms. Katzoff said the Agency application requires potential applicants to sign a Local Access Agreement which is incorporated into the Agency Agreement requiring Companies to agree to provide local contractors with the opportunity to bid on contracts related to project facilities. Mr. Walsh said the Agency strongly encourages project applicants to use local labor and would continue to review the current policy for potential improvements. Mr. Ryan concluded by saying that a number of people both in local government and the community were involved in making this Project a reality and it was encouraging to see what could be accomplished by motivated people working together for a common cause. VII. Adjournment There being no further business to discuss Mr. Ryan asked for a motion to adjourn the meeting. Ms. Hunter made the motion. Mr. Gamage seconded the motion. ALL BOARD MEMBERS PRESENT UNANIMOUSLY AGREED TO ADJOURN THE MEETING AT 9:07A.M.