Troy Industrial Development Authority
Regular MeetingTroy, NY · January 9, 2015
Minutes
City of Troy
Industrial Development Authority
January 9, 2015
10:30 AM
Meeting Minutes
Present: Kevin O’Bryan, Bill Dunne, Lou Anthony, Paul Carroll, Tina Urzan, Hon. Dean
Bodnar, Lisa Kyer and Hon. Robert Doherty
Absent: Steve Bouchey
Also in attendance: Justin Miller, Monica Kurzejeski, Selena Skiba, Ken Crowe and
Denee Zeigler
The Chairman called the meeting to order at 10:35 a.m.
I. Minutes from the December 12, 2014 board meeting
The board reviewed the minutes from the December 12, 2014 board meeting.
Paul Carroll made a motion to approve the minutes for
December 12, 2014.
Hon. Bob Doherty seconded the motion, motion carried.
II. Annual Business
Bill Dunne advised that there a few items that have to be discussed as part as
annual business. Mr. Dunne advised that the first item is board member
training. He advised that everyone here has completed the training. Mr.
Doherty questioned if his training certificate was received. Mr. Dunne advised
yes. The chairman advised he needs to take the training. Mr. Miller advised he
has one year from his appointment date to complete.
Mr. Dunne asked that the board member evaluations be completed and returned
to Denee Zeigler by March 1st. Denee Zeigler advised that they are confidential,
no need to sign. Mr. Miller advised that a summary of all of the collected forms
is what is sent into the ABO. Mr. Dunne advised to fill out the evaluation base
on your experience and if there are issues we will review them as a board. Mr.
Miller agreed and advised that if there are areas of improvement, we can work to
improve them.
The third item is the Annual Disclosure Statement. Mr. Dunne asked that if the
board members have already filled them out for another board/council that they
are a part of, please let staff know so that we can check you off the list.
The last item due by March 31, 2015 is the PARIS report. Mr. Dunne advised the
annual audit by BST will also be done in the next few months. He suggested to
move the March meeting date be moved from the 12th to the 20th in order to
allow additional time for the auditors. The chairman advised that he would like
the board pay special attention to the details and contents of the PARIS report
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and audit. Mr. Doherty advised that he will be out of town both Fridays
mentioned. The chairman advised we can make arrangements to go over it with
him.
Hon. Dean Bodnar made a motion to move the March meeting
from the 13th to the 20th.
Lou Anthony seconded the motion, motion carried.
III. Board Member vacancy
Mr. Dunne advised that Mary O’Neil is no longer employed by the Troy School
District and we will be getting a new representative in the near future. Mr.
Dunne will contact the superintendent of the Troy School District to find out who
the replacement will be.
IV. Financials
Selena Skiba advised that there are no year-end financials to go over at this
time. Mrs. Skiba advised they are waiting to collect some outstanding bills
before closing out the year. Mr. Dunne asked about the status of IBT. Mrs.
Skiba advised that nothing has changed. Mr. Dunne advised that they have not
paid since August. Mr. Miller advised he will review their account and see if
formal action is required for February.
V. Executive Session
Mr. Dunne advised there is a pending litigation item related to the Mlock site that
needs to be discussed.
Paul Carroll made a motion to move to executive session in order
to discuss pending litigation.
Lou Anthony seconded the motion, motion carried.
Tina Urzan made a motion to adjourn executive session with no
action taken.
Hon. Bob Doherty seconded the motion, motion carried.
VI. Mlock site – Ingalls Avenue Project
Mr. Miller read the resolution to the board and explained that the IDA has been
looking to acquire the property on President Street between Ingalls Ave and
Middleburgh Ave for some time. Mr. Miller advised that after negotiations with
the owner, we have negotiated an easement agreement, option agreement and
a settlement agreement relating to the acquisition through eminent domain
proceedings.
The easement agreement will allow us to undertake activities on the 50 foot
easement on the waterfront portion of the parcel with a two year option to buy
the remainder of the land. (See attached Resolution 01/15 #1)
Paul Carroll made a motion to approve the resolution authorizing
the settlement of acquisition terms of the Mlock property.
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Tina Urzan seconded the motion, motion carried.
VII. Project Updates
Bob Doherty questioned the status of Columbia Development’s project and the
neighborhood properties they wanted to purchase. Mr. Miller advised that they
have issued a Sales Tax Exemption letter and have purchased the properties.
They have not had the closing yet, but anticipate it towards the end of
February. Mr. Miller also advised that they will be having a closing Proctor’s
around the same time. Mr. Dunne explained they had some staff changes that
could attribute to the delay.
Mr. Dunne gave a project update for 548 Campbell Ave. He advised that they
are waiting to hear back from Gordon Development regarding their project. Mr.
Dunne explained that they may have to come back to us with project changes
due to the outcomes of FEMA and DEC. He added that they will have to go
back through the planning process with suggested changes to the site plan and
then present to us a new project proposal.
Mr. Dunne spoke about the HVCC student housing project, The Ironworks.
They have submitted documentation for the project and we will be working with
them on the PILOT. The board had a general discussion on the background of
the project.
Mr. Doherty asked about the Vecino Group project because they were tabled at
the last meeting. Mr. Miller advised they will be coming back to us next month
with a new application. The board asked if their project is still moving forward.
The chairman advised yes.
VIII. Adjournment
The IDA portion of the meeting was adjourned at 11:35 p.m.
Hon. Dean Bodnar made the motion to adjourn the IDA portion
of the meeting.
Tina Urzan seconded the motion, motion carried.
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RESOLUTION
(Ingalls Avenue Project – Authorizing Settlement and Acquisition of Easement and Option)
A regular meeting of the Troy Industrial Development Authority was convened in public
session on January 9, 2015, at 10:30 a.m. at 433 River Street, Troy, New York 12180.
The meeting was called to order by the Chairman and, upon roll being called, the
following members of the Troy Industrial Development Authority were:
MEMBER PRESENT ABSENT
Kevin O’Bryan X
Hon. Dean Bodnar X
Hon. Robert Doherty X
Steve Bouchey X
Louis Anthony X
Paul Carroll X
Lisa Kyer X
Tina Urzan X
The following persons were ALSO PRESENT: Justin Miller, Monica Kurzejeski, Selena
Skiba, Ken Crowe and Denee Zeigler
After the meeting had been duly called to order, the Chairman announced that among the
purposes of the meeting was to consider and take action on certain matters pertaining to a
proposed project located in the vicinity of Ingalls Avenue.
On motion duly made by Paul Carroll and seconded by Tina Urzan, the following
resolution was placed before the members of the Troy Industrial Development Authority:
Member Aye Nay Abstain Absent
Kevin O’Bryan X
Hon. Dean Bodnar X
Hon. Robert Doherty X
Steve Bouchey X
Louis Anthony X
Paul Carroll X
Lisa Kyer X
Tina Urzan X
Resolution No. 01/15 #1
RESOLUTION OF THE TROY INDUSTRIAL DEVELOPMENT AUTHORITY
AUTHORIZING THE SETTLEMENT OF ACQUISITION TERMS RELATING
TO CERTAIN REAL PROPERTY IN THE AREA OF PRESIDENT STREET
(BETWEEN MIDDLEBURG STREET AND INGALLS AVENUE) AND THE
ACQUISITION OF AN EASEMENT AND OPTION RELATING TO SAME
WHEREAS, by Title 11 of Article 8 of the Public Authorities Law of the State of New
York, as amended, and Chapter 759 of the Laws of 1967 of the State of New York, as amended
(hereinafter collectively called the “Act”), the TROY INDUSTRIAL DEVELOPMENT
AUTHORITY (hereinafter called the “Authority”) was created with the authority and power to
own, lease and sell property for the purpose of, among other things, acquiring, constructing and
equipping industrial, manufacturing and commercial facilities within the City of Troy,
Rensselaer County, New York (the “City”) as authorized by the Act; and
WHEREAS, by resolution adopted August 15, 2015 (the “Resolution”), the Authority
previously adopted certain Determinations and Findings (the “Findings”) pursuant to the
Eminent Domain Procedures Law (“EDPL”) to acquire approximately 2.6 acres located along
the Hudson River on President Street (between Middleburg Street and Ingalls Avenue) in the
City and identifiable by the following section, block and lot number: 90.70-1-7 (collectively, the
“Parcel”), all in connection with the undertaking by the Authority of a certain project (the
“Project”, as defined within the Resolution); and
WHEREAS, in furtherance of accomplishing several of the goals of the Project, and (i) as
a means of timely securing waterfront rights on the Parcel, and (ii) settlement of action
commenced by the parcel owner pursuant to EDPL Section 207 (Mlock v. Troy Industrial
Development Authority, A.D. 3D, Docket No. 519725, and herein, the “207 Proceeding”), the
Authority and owner have proposed to resolve the matter through the execution and delivery of a
certain Easement Agreement, an Option Agreement and a Settlement Agreement (the
“Agreements”); and
WHEREAS, the Authority desires to authorize the execution and delivery of the
Agreements, along with the acquisition of a waterfront easement over the Parcel (as delineated
within the Easement Agreement) and an exclusive option to acquire the Parcel (as outlined
within the Option Agreement).
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE TROY
INDUSTRIAL DEVELOPMENT AUTHORITY AS FOLLOWS:
Section 1. Subject to the Company executing the Agreements, the Authority hereby
authorizes the execution and delivery of the Agreements, along with the acquisition of a
waterfront easement over the Parcel (as delineated within the Easement Agreement) and an
option on the Parcel (as outlined within the Option Agreement). Subject to and upon execution
and delivery of the Agreements, the Authority hereby rescinds the Findings. The Authority
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hereby further authorizes the expenditure of funds as set forth within the Agreements for said
purposes and in furtherance of the foregoing.
Section 2. The Chairman, Vice Chairman, and/or Executive Director/Chief Executive
Officer of the Authority are hereby authorized, on behalf of the Authority, to execute and deliver
the Agreements in substantially the forms set before this meeting, with such changes and
revisions as may be approved by such officers and counsel to the Authority.
Section 3. The officers, employees and agents of the Authority are hereby authorized
and directed for and in the name and on behalf of the Authority to do all acts and things required
and to execute and deliver all such certificates, instruments and documents, to pay all such fees,
charges and expenses and to do all such further acts and things as may be necessary or, in the
opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of
the foregoing resolutions and to cause compliance by the Authority with all of the terms,
covenants and provisions of the documents executed for and on behalf of the Authority.
Section 4. This Resolution shall take effect immediately.
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Agenda
Chairman
Troy
Kevin O’Bryan
Industrial Development
Authority
Vice-Chair
Steve Bouchey
BOARD OF DIRECTORS MEETING
Board Members January 9, 2015
10:30 a.m.
Hon. Dean Bodnar
Planning Department Conference
Mr. Paul Carroll
Room
Hon. Robert Doherty
City Hall
Louis Anthony
Mary O’Neill
Lisa Kyer AGENDA
Tina Urzan
I. Approval of Minutes from the December 12, 2014 board meeting.
II. Annual Business Items
Board Member Evaluations
Disclosure Statements
Board Member Training
PARIS reporting
III. Mlock Property (Bill)
IV. Lab Corp (Bill)
V. Financials (Selena/Joe)
VI. Adjournment
City Hall – 433 River Street, Suite 5001, Troy, New York 12180
Phone: 518.279.7166
City of Troy
Industrial Development Authority
December 12, 2014
10:30 AM
Meeting Minutes
Present: Kevin O’Bryan, Bill Dunne, Lou Anthony, Paul Carroll, Steve Bouchey, Tina
Urzan, Hon. Dean Bodnar, Mary O’Neill, and Hon. Robert Doherty
Absent: Lisa Kyer
Also in attendance: Justin Miller, Monica Kurzejeski, Jennica Petrik-Huff, Jeanette
Nicholson, Selena Skiba and Denee Zeigler
The Chairman called the meeting to order at 10:30 a.m.
I. Minutes from the November 14, 2014 board meeting
The chairman suggested the board take some additional time to review the
section of minutes regarding the allocation of funds to the City for $150,000 for
staff expenses.
Hon. Dean Bodnar made a motion to approve the minutes for
November 14, 2014.
Paul Carroll seconded the motion, motion carried.
II. New application for Vecino Group
Bill Dunne advised that there is not a new application at this time for Vecino
Group’s project at 444 River Street. Mr. Dunne advised that the project will still
be moving forward with some possible changes. They will submit an application
after speaking with the current owners of the building, the TLDC.
Paul Carroll made a motion to table the new application from
Vecino Group.
Mary O’Neil seconded the motion, motion carried.
III. Initial Project Resolution - Omni Development MLK Revitalization
Mr. Dunne spoke about the initial project resolution in front of them from Omni
Development for the revitalization project at the Martin Luther King Apartments.
Mr. Dunne advised that this resolution is to move forward with their project and
that we will continue discussions with them to come up with a benefit package.
There is not a PILOT set up at this point.
Mary O’Neil asked if, for future PILOTs, they could be set up to be easy to
calculate. She added that the school district needs that information to calculate
their tax cap and sometimes it can be difficult to budget for the next year. Mr.
Dunne advised they are looking into a per unit model. Mr. Miller advised that
most of them are set up this way, however, there may be one that is based on
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rent. The chairman pointed out that they did an extensive presentation
previously to the board. (See attached Initial Project Resolution 12/14 #1)
Hon. Bob Doherty made a motion to approve the initial project
resolution for Omni Housing Development – Martin Luther King
LLC AND MLK TROY ASSOCIATES L.P. project.
Paul Carroll seconded the motion, motion carried.
IV. Community Builders, 599 River Street
Mr. Dunne introduced Jennica Patrik-Huff to the board to talk about the Tapestry
on the Hudson project at 599 River Street being done by Community Builders.
Jennica Patrik-Huff advised that they are proposing 67 units of mixed income-
family units; 7 market rate, 14 at 90% AMI and 18 at 60% AMI. The balance
will be at 50% AMI or below. There will be a work out facility, community room
an outdoor recreation area. Mr. Dunne asked if the application was submitted to
Deptarment of Home and Community Renewal for housing tax credits. Ms.
Patrik-Huff advised yes both state and federal as well as historic tax credits. Mr.
Dunne advised that this building was recently added to the SHPO’s list of historic
textile buildings. Mr. Dunne explained that TAP received a grant from the TLDC
last year to assist them with an application to SHPO to have approximately five
former textile buildings added to the national register, making them eligible for
historic tax credits. Mr. Dunne asked if the are going to wait for the results of
the application before the project moves forward. Ms. Petrik-Huff advised yes
and they will know the results of the application in May/June. Mr. Dunne asked
if they are going through the planning/zoning process. Ms. Petrik-Huff advised
they have been in front of the planning commission and will be going back in
January. The chariman asked about the number of units and Mr. Bouchey asked
about the total project cost. Ms. Petrik-Huff advised $22 Million and 67 units.
Mr. Bouchey asked if there were any plans for retail space. Ms. Petrik-Huff
advised no plans for retail. Mr. Bouchey asked if they owned the parking lot.
Ms. Petrik-Huff advised they own the parking lot around the building and has had
conversations with their neighbor to possibly share the larger parking lot. Mr.
Bouchey asked about rent amounts. Ms. Petrik-Huff explained 1-2 bedrooms
and will be a range of $700-$800 for 1 bedroom and $900-$1055 for 2 bedroom.
The board noted that is a good price for apartments overlooking the river. The
chariman also noted there is still diligence to go on with this project, they are not
done yet. Mr. Miller advised we will work to set up a PILOT agreement to
coincide with the determination of the application to DHCR. Bob Doherty spoke
about the success at their project at Monument Square Apartments and the
treatment of the tenants. Ms. Patrik-Huff thanked the board and spoke a little
about their previous project. Mr. Doherty asked about the housing tax credits
and if they can be purchased by the public. Ms. Petrik-Huff explained that they
are a not for profit organization that uses public or private syndication to help
with the development of the units. For this project, they have a letter of interest
for private syndication. The chairman clarified that the syndication becomes part
of the capital structure for the project. (See attached Initial Project Resolution
12/14 #2)
Hon. Dean Bodnar made the motion to approve the initial project
resolution for 599 River Street Limited Partnership –Tapestry on
the Hudson Project.
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Paul Carroll seconded the motion, motion carried.
V. Financials
Selena Skiba went over the balance sheet with the board and noted that they will
go over the accounts receivable in more detail on the last page. Mrs. Skiba
noted a large amount to be paid out of accounts payable for the Riverfront Park
Access project and two PILOT payments due to the City. Mrs. Skiba noted that
the fees are about the same as last year. There is not much of a change in
expenses. Legal fees are slightly higher than last year. Architectural and
Engineering fees are higher this year due to the Riverfront Park Access project.
The chairman asked how we calculate the allowance for doubtful accounts. Mrs.
Skiba explained that it is based on a percentage of accounts that are expected to
go bad based on payment history. Mrs. Skiba advised that there is still an issue
with IBT. Mr. Miller advised that a letter was received that a partial payment
was received. Mrs. Skiba advised they sent a payment for their loan for the City,
not the IDA. Mr. Miller asked if they board wants to go through the default
process with them. Mr. Bodnar noted they are four months behind with the IDA
loan and we have a personal guarantee. He asked if we send a default letter is
that for the past due amount or the full amount. Mr. Miller advised that it would
be to bring the account current.
Steve Bouchey made a motion to approve financials.
Paul Carroll seconded the motion, motion carried.
VI. Executive Session
Mr. Dunne advised there are pending litigation and real estate items relating to
the Ingalls Ave project that items that need to be discussed.
Paul Carroll made a motion to move to executive session in order
to discuss pending litigation.
Steve Bouchey seconded the motion, motion carried.
Hon. made a motion to adjourn executive session with no action
taken.
Paul Carroll seconded the motion, motion carried.
VII. Adjournment
The IDA portion of the meeting was adjourned at 10:58 p.m.
Steve Bouchey made the motion to adjourn the IDA portion of
the meeting.
Paul Carroll seconded the motion, motion carried.
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INITIAL PROJECT RESOLUTION
(MLK Troy Associates L.P. –Martin Luther King Apartments Project)
A regular meeting of the Troy Industrial Development Authority (the “Authority”) was
convened on December 12, 2014, at 10:30 a.m., local time, at 433 River Street, Troy, New York
12180.
The meeting was called to order by the Chairman and, upon roll being called, the
following members of the Authority were:
MEMBER PRESENT ABSENT
Kevin O’Bryan X
Hon. Dean Bodnar X
Hon. Robert Doherty X
Steve Bouchey X
Louis Anthony X
Paul Carroll X
Mary O’Neill X
Lisa Kyer X
Tina Urzan X
The following persons were ALSO PRESENT: Bill Dunne, Justin Miller, Monica
Kurzejeski, Jennica Petrik-Huff, Jeanette Nicholson, Selena Skiba and Denee Zeigler
After the meeting had been duly called to order, the Chairman announced that among the
purposes of the meeting was to consider and take action on certain matters pertaining to a
proposed project for the benefit of MLK Troy Associates L.P..
On motion duly made by Hon. Robert Doherty and seconded by Paul Carroll, the
following resolution was placed before the members of the Troy Industrial Development
Authority:
Member Aye Nay Abstain Absent
Kevin O’Bryan X
Hon. Dean Bodnar X
Hon. Robert Doherty X
Steve Bouchey X
Louis Anthony X
Paul Carroll X
Mary O’Neill X
Lisa Kyer X
Tina Urzan X
Page 1 of 5
Resolution No. 12/14 #1
RESOLUTION OF THE TROY INDUSTRIAL DEVELOPMENT AUTHORITY
(THE “AUTHORITY”) (i) ACCEPTING THE APPLICATION OF OHD-MLK
LLC AND MLK TROY ASSOCIATES L.P. (COLLECTIVELY, THE
“COMPANY”) IN CONNECTION WITH A CERTAIN PROJECT (AS MORE
FULLY DEFINED BELOW); (ii) AUTHORIZING THE SCHEDULING,
NOTICE AND CONDUCT OF A PUBLIC HEARING WITH RESPECT TO
THE PROJECT; AND (iii) DESCRIBING THE FORMS OF FINANCIAL
ASSISTANCE BEING CONTEMPLATED BY THE AUTHORITY WITH
RESPECT TO THE PROJECT
WHEREAS, by Title 11 of Article 8 of the Public Authorities Law of the State of New
York, as amended, and Chapter 759 of the Laws of 1967 of the State of New York, as amended
(hereinafter collectively called the “Act”), the TROY INDUSTRIAL DEVELOPMENT
AUTHORITY (hereinafter called the “Authority”) was created with the authority and power to
own, lease and sell property for the purpose of, among other things, acquiring, constructing and
equipping industrial, manufacturing and commercial facilities as authorized by the Act; and
WHEREAS, OHD-MLK LLC AND MLK TROY ASSOCIATES L.P. (collectively,
the “Company”), has requested the Authority’s assistance with a certain project (the “Project”)
consisting of (i) the acquisition by the Authority of a sub-leasehold or other interest in a certain
parcel of real property owned by the Troy Housing Authority and located on Eddys Lane, Troy,
New York 12180 (the “Land”, being comprised of all or portions of TMID No. 90.55-7-1) and
the existing improvements located thereon, including various building structures and related
improvements located thereon that contain 124 rental apartment units and related amenities (the
“Existing Improvements”); (B) the demolition, renovation, reconstruction, refurbishing and
equipping by the Company as agent of the Authority of the Existing Improvements to provide for
approximately 83 residential apartment units, that, in accordance with the Internal Revenue Code
of 1986, as amended (the “Code”) and applicable regulations promulgated by the United States
Department of Housing and Urban Development (“HUD”) and New York State Housing Finance
Agency (“HFA”) and/or Division of Housing and Community Renewal (“DHCR”), will be
leased to households satisfying applicable median gross income restrictions, along with
renovations to building structure, common areas, kitchen areas, laundry areas, heating systems,
plumbing, roofs, elevators, windows, and other onsite and offsite parking, curbage and
infrastructure improvements (collectively, the “Improvements”); (C) the acquisition of and
installation in and around the Land, Existing Improvements and Improvements of certain
machinery, fixtures, equipment and other items of tangible personal property (the “Equipment”
and, collectively with the Land, the Existing Improvements and the Improvements, the
“Facility”); and (D) the lease of the Authority’s interest in the Facility back to the Company; and
Page 2 of 5
WHEREAS, pursuant to the Act, the Authority desires to adopt a resolution describing
the Project and the Financial Assistance (as hereinafter defined) that the Authority is
contemplating with respect to the Project; and
WHEREAS, it is contemplated that the Authority will (i) accept the Application
submitted by the Company; (ii) approve the scheduling, notice and conduct of a Public Hearing
with respect to the Project; and (iii) approve the negotiation, but not the execution or delivery, of
certain documents in furtherance of the Project, as more fully described below.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE TROY
INDUSTRIAL DEVELOPMENT AUTHORITY AS FOLLOWS:
Section 1. The Company has presented an application in a form acceptable to the
Authority. Based upon the representations made by the Company to the Authority in the
Company’s application and in related correspondence, the Authority hereby finds and determines
that:
(A) By virtue of the Act, the Authority has been vested with all powers necessary and
convenient to carry out and effectuate the purposes and provisions of the Act and to exercise all
powers granted to it under the Act; and
(B) The Authority has the authority to take the actions contemplated herein under the
Act; and
(C) The action to be taken by the Authority will induce the Company to develop the
Project, and otherwise furthering the purposes of the Authority as set forth in the Act; and
(D) The Project will not result in the removal of a civic, commercial, industrial, or
manufacturing plant of the Company or any other proposed occupant of the Project from one
area of the State of New York (the “State”) to another area of the State or result in the
abandonment of one or more plants or facilities of the Company or any other proposed occupant
of the Project located within the State; and the Authority hereby finds that, based on the
Company’s application, to the extent occupants are relocating from one plant or facility to
another, the Project is reasonably necessary to discourage the Project occupants from removing
such other plant or facility to a location outside the State and/or is reasonably necessary to
preserve the competitive position of the Project occupants in their respective industries; and
Section 2. The proposed Financial Assistance being contemplated by the Authority
includes an abatement or exemption from real property taxes levied against the Land and Facility
pursuant to a PILOT Agreement to be negotiated.
Section 3. The Chairman, Vice Chairman, and/or Executive Director/Chief Executive
Officer of the Authority are hereby authorized, on behalf of the Authority, to schedule, notice
and conduct a public hearing in compliance with the Act and negotiate (but not execute or
deliver) the terms of (A) a Lease Agreement, pursuant to which the Company leases the Land
and Existing Improvements to the Authority, (B) a related Leaseback Agreement, pursuant to
Page 3 of 5
which the Authority leases its interest in the Project back to the Company, (C) a PILOT
Agreement, pursuant to which the Company agrees to make certain payments in-lieu-of real
property taxes, and (D) related documents thereto; provided (i) the rental payments under the
Leaseback Agreement include payments of all costs incurred by the Authority arising out of or
related to the Project and indemnification of the Authority by the Company for actions taken by
the Company and/or claims arising out of or related to the Project and (ii) the terms of the PILOT
Agreement are consistent with the Authority’s Uniform Tax Exemption Policy or the procedures
for deviation have been complied with.
Section 4. The officers, employees and agents of the Authority are hereby authorized
and directed for and in the name and on behalf of the Authority to do all acts and things required
and to execute and deliver all such certificates, instruments and documents, to pay all such fees,
charges and expenses and to do all such further acts and things as may be necessary or, in the
opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of
the foregoing resolutions and to cause compliance by the Authority with all of the terms,
covenants and provisions of the documents executed for and on behalf of the Authority.
Section 5. These Resolutions shall take effect immediately.
Page 4 of 5
INITIAL PROJECT RESOLUTION
(599 River Street Limited Partnership –Tapestry on the Hudson Project)
A regular meeting of the Troy Industrial Development Authority (the “Authority”) was
convened on December 12, 2014, at 10:30 a.m., local time, at 433 River Street, Troy, New York
12180.
The meeting was called to order by the Chairman and, upon roll being called, the
following members of the Authority were:
MEMBER PRESENT ABSENT
Kevin O’Bryan X
Hon. Dean Bodnar X
Hon. Robert Doherty X
Steve Bouchey X
Louis Anthony X
Paul Carroll X
Mary O’Neill X
Lisa Kyer X
Tina Urzan X
The following persons were ALSO PRESENT: Bill Dunne, Justin Miller, Monica
Kurzejeski, Jennica Petrik-Huff, Jeanette Nicholson, Selena Skiba and Denee Zeigler
After the meeting had been duly called to order, the Chairman announced that among the
purposes of the meeting was to consider and take action on certain matters pertaining to a
proposed project for the benefit of 599 River Street Limited Partnership.
On motion duly made by Hon. Dean Bodnar and seconded by Paul Carroll, the following
resolution was placed before the members of the Troy Industrial Development Authority:
Member Aye Nay Abstain Absent
Kevin O’Bryan X
Hon. Dean Bodnar X
Hon. Robert Doherty X
Steve Bouchey X
Louis Anthony X
Paul Carroll X
Mary O’Neill X
Lisa Kyer X
Tina Urzan X
Page 1 of 5
Resolution No. 12/14 #2
RESOLUTION OF THE TROY INDUSTRIAL DEVELOPMENT AUTHORITY
(THE “AUTHORITY”) (i) ACCEPTING THE APPLICATION OF 599 RIVER
STREET LIMITED PARTNERSHIP (THE “COMPANY”) IN CONNECTION
WITH A CERTAIN PROJECT (AS MORE FULLY DEFINED BELOW); (ii)
AUTHORIZING THE SCHEDULING, NOTICE AND CONDUCT OF A
PUBLIC HEARING WITH RESPECT TO THE PROJECT; AND (iii)
DESCRIBING THE FORMS OF FINANCIAL ASSISTANCE BEING
CONTEMPLATED BY THE AUTHORITY WITH RESPECT TO THE
PROJECT
WHEREAS, by Title 11 of Article 8 of the Public Authorities Law of the State of New
York, as amended, and Chapter 759 of the Laws of 1967 of the State of New York, as amended
(hereinafter collectively called the “Act”), the TROY INDUSTRIAL DEVELOPMENT
AUTHORITY (hereinafter called the “Authority”) was created with the authority and power to
own, lease and sell property for the purpose of, among other things, acquiring, constructing and
equipping industrial, manufacturing and commercial facilities as authorized by the Act; and
WHEREAS, 599 RIVER STREET LIMITED PARTNERSHIP (the “Company”), has
requested the Authority’s assistance with a certain project (the “Project”) consisting of (i) the
acquisition by the Authority of a leasehold or other interest in a certain parcel of real property
located at 599 River Street, Troy, New York 12180 (the “Land”, being comprised of
approximately .76 of an acre of real property and identified as TMID No. 101.22-1-4) and the
existing improvements located thereon, including the 7-story commercial structure and related
improvements located thereon (the “Existing Improvements”); (B) the renovation,
reconstruction, refurbishing and equipping by the Company as agent of the Authority of the
Existing Improvements to provide for Sixty-Seven (67) residential apartment units, comprised of
Thirty Four (34) one-bedroom apartment units, and Thirty Three (33) two-bedroom apartment
units, approximately 90% of which that, in accordance with the Internal Revenue Code of 1986,
as amended (the “Code”) and applicable regulations promulgated by the United States
Department of Housing and Urban Development (“HUD”) and New York State Housing Finance
Agency (“HFA”) and/or Division of Housing and Community Renewal (“DHCR”), will be
leased to households satisfying applicable median gross income restrictions, along with
renovations to building structure, common areas, kitchen areas, laundry areas, heating systems,
plumbing, roofs, elevators, windows, and other onsite and offsite parking, curbage and
infrastructure improvements (collectively, the “Improvements”); (C) the acquisition of and
installation in and around the Land, Existing Improvements and Improvements of certain
machinery, fixtures, equipment and other items of tangible personal property (the “Equipment”
and, collectively with the Land, the Existing Improvements and the Improvements, the
“Facility”); and (D) the lease of the Authority’s interest in the Facility back to the Company; and
Page 2 of 5
WHEREAS, pursuant to the Act, the Authority desires to adopt a resolution describing
the Project and the Financial Assistance (as hereinafter defined) that the Authority is
contemplating with respect to the Project; and
WHEREAS, it is contemplated that the Authority will (i) accept the Application
submitted by the Company; (ii) approve the scheduling, notice and conduct of a Public Hearing
with respect to the Project; and (iii) approve the negotiation, but not the execution or delivery, of
certain documents in furtherance of the Project, as more fully described below.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE TROY
INDUSTRIAL DEVELOPMENT AUTHORITY AS FOLLOWS:
Section 1. The Company has presented an application in a form acceptable to the
Authority. Based upon the representations made by the Company to the Authority in the
Company’s application and in related correspondence, the Authority hereby finds and determines
that:
(A) By virtue of the Act, the Authority has been vested with all powers necessary and
convenient to carry out and effectuate the purposes and provisions of the Act and to exercise all
powers granted to it under the Act; and
(B) The Authority has the authority to take the actions contemplated herein under the
Act; and
(C) The action to be taken by the Authority will induce the Company to develop the
Project, and otherwise furthering the purposes of the Authority as set forth in the Act; and
(D) The Project will not result in the removal of a civic, commercial, industrial, or
manufacturing plant of the Company or any other proposed occupant of the Project from one
area of the State of New York (the “State”) to another area of the State or result in the
abandonment of one or more plants or facilities of the Company or any other proposed occupant
of the Project located within the State; and the Authority hereby finds that, based on the
Company’s application, to the extent occupants are relocating from one plant or facility to
another, the Project is reasonably necessary to discourage the Project occupants from removing
such other plant or facility to a location outside the State and/or is reasonably necessary to
preserve the competitive position of the Project occupants in their respective industries; and
Section 2. The proposed Financial Assistance being contemplated by the Authority
includes (i) a sales and use tax exemption for materials, supplies and rentals acquired or procured
in furtherance of the Project by the Company as agent of the Authority; (ii) mortgage recording
tax exemption(s) in connection with secured financings undertaken by the Company in
furtherance of the Project; and (iii) an abatement or exemption from real property taxes levied
against the Land and Facility pursuant to a PILOT Agreement to be negotiated.
Section 3. The Chairman, Vice Chairman, and/or Executive Director/Chief Executive
Officer of the Authority are hereby authorized, on behalf of the Authority, to schedule, notice
Page 3 of 5
and conduct a public hearing in compliance with the Act and negotiate (but not execute or
deliver) the terms of (A) a Lease Agreement, pursuant to which the Company leases the Land
and Existing Improvements to the Authority, (B) a related Leaseback Agreement, pursuant to
which the Authority leases its interest in the Project back to the Company, (C) a PILOT
Agreement, pursuant to which the Company agrees to make certain payments in-lieu-of real
property taxes, and (D) related documents thereto; provided (i) the rental payments under the
Leaseback Agreement include payments of all costs incurred by the Authority arising out of or
related to the Project and indemnification of the Authority by the Company for actions taken by
the Company and/or claims arising out of or related to the Project and (ii) the terms of the PILOT
Agreement are consistent with the Authority’s Uniform Tax Exemption Policy or the procedures
for deviation have been complied with.
Section 4. The officers, employees and agents of the Authority are hereby authorized
and directed for and in the name and on behalf of the Authority to do all acts and things required
and to execute and deliver all such certificates, instruments and documents, to pay all such fees,
charges and expenses and to do all such further acts and things as may be necessary or, in the
opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of
the foregoing resolutions and to cause compliance by the Authority with all of the terms,
covenants and provisions of the documents executed for and on behalf of the Authority.
Section 5. These Resolutions shall take effect immediately.
Page 4 of 5
Troy IDA Confidential Evaluation of Board Performance
Somewhat Somewhat
Criteria Agree Agree Disagree Disagree
Board members have a shared understanding
of the mission and purpose of the Authority.
The policies, practices and decisions of the
Board are always consistent with this mission.
Board members comprehend their role and
fiduciary responsibilities and hold themselves
and each other to these principles.
The Board has adopted policies, by-laws, and
practices for the effective governance,
management and operations of the Authority
and reviews these annually.
The Board sets clear and measurable
performance goals for the Authority that
contribute to accomplishing its mission.
The decisions made by Board members are
arrived at through independent judgment and
deliberation, free of political influence, pressure
or self-interest.
Individual Board members communicate
effectively with executive staff so as to be well
informed on the status of all important issues.
Board members are knowledgeable about the
Authority’s programs, financial statements,
reporting requirements, and other transactions.
The Board meets to review and approve all
documents and reports prior to public release
and is confident that the information being
presented is accurate and complete.
The Board knows the statutory obligations of
the Authority and if the Authority is in
compliance with state law.
Board and committee meetings facilitate open,
deliberate and thorough discussion, and the
active participation of members.
Board members have sufficient opportunity to
research, discuss, question and prepare before
decisions are made and votes taken.
Individual Board members feel empowered to
delay votes, defer agenda items, or table
actions if they feel additional information or
discussion is required.
The Board exercises appropriate oversight of
the CEO and other executive staff, including
setting performance expectations and
reviewing performance annually.
The Board has identified the areas of most risk
to the Authority and works with management to
implement risk mitigation strategies before
problems occur.
Board members demonstrate leadership and
vision and work respectfully with each other.
Date Completed: ________________________________________
ANNUAL DISCLOSURE STATEMENT
CITY OF TROY
FOR 2015
Last Name: First Name: Initial:
Title: Department of Agency:
Work Address: Phone Number:
If the answer to any of the following questions in “NONE”, please so indicate.
1. REAL ESTATE OWNERSHIP
List the address of each piece of property that you, your spouse, or other member of your
immediate family or household own or have a financial interest in. List only real estate that is in
the City of Troy or within one (1) mile of the boundary of the City of Troy.
Relationship Type of
Name of Family Member to You Address of Real Property Investment
2. CITY EMPLOYEE’S OUTSIDE EMPLOYER(S) OR BUSINESS(ES)
List the name of any outside employer or business from which you receive compensation for
services rendered or goods sold or produced or of which you are a member, office or employee.
Also include any entity in which you have an ownership interest, except a corporation of which
you own less than five percent (5%) of the outstanding stock. Identify the type of business (i.e.,
partnership, corporation, self-employment, or sole proprietorship) and your relationship to the
employer or business (i.e., owner, partner, director, member, employee or shareholder).
Identify Whether Self
Employed, Sole
Nature of Proprietorship or Entity Relationship to Percentage of
Name of Employer or Business Business Type Business Ownership
3. SPOUSE’S EMPLOYER OF BUSINESS
List the name of any outside employer or business from which your spouse receives
compensation for services rendered or goods sold or produced or of which your spouse is a
member, officer or employee. Identify the nature of the business. Identify the type of business
(i.e., partnership, corporation, self-employment, or sole proprietorship) and your spouse’s
relationship to the employer or business (i.e., owner, partner, director, member, employee or
shareholder). IF your spouse’s ownership exceeds 5% set forth your spouse’s percentage of
ownership.
Identify Whether Self
Employed, Sole
Nature of Proprietorship or Entity Relationship to Percentage of
Name of Employer or Business Business Type Business Ownership
Your Signature: ________________________________ Date: _________________________
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