Completed Projects Status Report
Completed Projects Status Report
Budget
Office
Accountability
Transparency
Integrity
GR-2017-02
Table of Contents
Executive Summary ES
Review Results
- Types of Projects 3
- Financial Assistance 4
- Status of Projects 4
- Job Creation 5
- Additional Financial Assistance 6
- Combined Financial Assistance 7
- Extended Financial Assistance 8
- Combined Job Creation 8
- PARIS Data Inaccuracy 9
Purpose and
Authority: The Authorities Budget Office (ABO) is authorized by Title 2
of Public Authorities Law to review and analyze the
operations, practices and reports of public authorities. We
reviewed a random sample of 25 projects that received
financial assistance from Industrial Development Agencies
(IDAs) and completed in 2011. The sample projects were
from 16 IDAs located in 14 different counties. Our review was
performed from March to July 2017 and was conducted in
accordance with our statutory authority and compliance
review protocols which are based on generally accepted
professional standards. This review looked at the types of
projects financed by IDAs, determined the status of the
projects after financial assistance ended and determined
whether the projects achieved the expected results for the
assistance provided.
Background
Information: Industrial Development Agencies (IDAs) are authorized by
Article 18-A of General Municipal Law to encourage economic
growth and expansion in order to promote job opportunities
and the general welfare of the residents of the State of New
York. IDAs offer financial incentives to attract, retain, and
expand businesses to improve economic conditions in their
respective locales. The assistance granted by IDAs include
low interest tax-exempt or taxable bonds, mortgage recording
tax exemptions, sales tax exemptions, and real property tax
exemptions. IDAs annually report project information in the
Public Authorities Reporting Information System (PARIS),
including the tax exemptions provided and jobs to be retained
and created.
Results: We found the majority of the projects (56 percent) were for
manufacturing and warehousing. However, we also found
other types of projects received IDA financial assistance,
including retail, entertainment, housing, service industries,
office facilities and schools, that may be questionable for
financial assistance. General Municipal Law prohibits IDAs
from providing financial assistance to retail projects, with
some exceptions for tourism and distressed areas, yet 24
percent of the projects that we reviewed were for retail
businesses.
ES-1
exemptions (76 percent), 15 received sales tax exemptions,
and 13 received mortgage recording tax exemptions. We
found bond financing for projects to be less common, with only
six projects issuing debt.
ES-2
Introduction and Background
The mission of IDAs includes the creation of jobs and promotion of private
investment, with a goal of returning properties to the tax rolls. Job creation is an
important factor used to measure the success of IDA projects. As a result, IDAs
have been under increased scrutiny regarding whether the financial assistance
they provide is effective at producing the jobs promised by assisted businesses.
General Municipal Law requires IDAs to annually report the number of jobs created
and retained and the amount of tax exemptions authorized on all outstanding
projects. This information is to be reviewed by IDA boards and management to
monitor and evaluate the effectiveness of each project.
Since 2007, project information has been electronically reported in the Public
Authorities Reporting Information System (PARIS). Prior to 2007, the information
was manually reported to the New York State Office of the State Comptroller. A
project is considered completed when there is no debt outstanding, no tax
exemptions provided and the IDA no longer holds title to the projects property.
Projects are reported annually until they are reported by the IDA as completed.
Through 2015, IDAs have reported a total of 3,701 projects that have been
completed since 2007.
1
Number of
Reporting
Completed
Year
Projects
2007 110
2008 348
2009 379
2010 354
2011 403
2012 455
2013 647
2014 553
2015 452
Total Projects 3,701
Purpose
Methodology
2
Review Results
Types of Projects
Our review revealed that the majority of projects receiving IDA assistance were
manufacturing and warehousing projects. These are the types of projects that are
traditionally viewed as typical to receive IDA financial assistance. Fourteen of the
25 projects reviewed (56 percent) were for manufacturing and warehousing. The
other projects included retail, entertainment, housing, services, office facilities, and
a school.
Under General Municipal Law, IDAs are restricted from providing financial
assistance to retail projects, although there are exceptions to this restriction. These
exceptions include tourism destination projects, projects that provide goods or
services that would otherwise be lacking in the area, and projects located in highly
distressed areas. While we did not expect that many of the sampled projects would
be retail projects, we found that 24 percent of the projects reviewed were for retail
related projects. These consisted of a retail and office facility, a pizza restaurant,
a medical services facility, an automotive center, an amusement park, and an
aquarium and hotel complex. Two of these projects were identified as tourism
destinations, another project was indicated as located in a distressed area, and
one project was described as providing services that would otherwise not be
available in the county. However, for the other two retail projects IDA officials could
not provide a reason for the exception, other than to indicate the projects were for
business retention or expansion.
In addition, two of the projects we reviewed were for residential housing and a
private school. These projects do not appear to fit with the legislative purpose of
IDAs, since they appear to have little or no impact on job creation.
Of the projects reviewed, ten projects involved new construction and nine projects
involved the expansion of existing buildings. In addition, three projects were for
the purchase of equipment only, while the remaining three projects were solely for
3
the re-financing of debt for a previously existing IDA project. Further, 19 of the
projects (76 percent) were for the expansion of an existing business, while five
projects were for new, start-up businesses. One project involved the
redevelopment of a retail building, although it was unclear from IDA records
whether the project was bringing newly created jobs or simply relocating existing
businesses. We also found most of the projects reviewed were owned by the
business submitting the application for financial assistance (21 projects or 84
percent). The remaining projects were owned by real estate developers with the
intention of leasing or selling the project location to another business or individual.
Financial Assistance
The IDAs reported that the 25 projects received a total of $27.7 million in tax
exemptions and paid $7 million in payments in lieu of taxes (PILOTs), resulting in
over $20.6 million in net exemptions. The majority of the exemptions (54 percent)
were for real property taxes, but almost half of this was recovered by the taxing
jurisdiction in the form of PILOTs. IDAs issued bonds for six of the projects totaling
$31.4 million.
All but one of the 25 projects received at least one form of IDA tax exemption; the
other project was for bond financing only. Of the projects reviewed, 76 percent
received real property tax exemptions, while 32 percent received every type of tax
exemption offered by the IDA (sales tax, mortgage recording tax and real property
tax exemptions). Twenty percent received both tax exemptions and bond
financing.
Number of
Total Financial Assistance by Type Sample Totals
Projects*
Bond Financing 6 $31,475,000
Sales Tax Exemption 15 $5,710,210
Mortgage Recording Tax Exemption 13 $6,992,483
Real Property Tax Exemption 19 $15,016,125
Combined Tax Exemptions $27,718,818
PILOTs 19 $7,069,532
Net Exemptions $20,649,286
* Total number exceeds 25 since some projects received multiple types of assistance
Status of Projects
4
businesses remain active and operating under the same purpose expressed in
their project application. However, of the remaining five, three businesses have
closed. The other two businesses continue to own the project facility but no longer
use the project facility as initially intended. For example, one business received
IDA financial assistance to operate a manufacturing facility, however at the end of
the project the manufacturing facility was no longer in operation. The business
now acts as a landlord and leases the space to a retailer.
We also reviewed real property tax assessment information from each applicable
county to determine whether properties had been returned to the tax rolls, and their
assessed values. We found the total assessed value of all the project locations
was $142.3 million. Based on the most recent assessment information, 14 of the
25 project locations are fully taxable with a total assessed value of $33.2 million
(23 percent of the total value). The remaining 11 businesses are currently
receiving some form of tax exemption on their property. The value of these exempt
properties is $109 million. Eight of these businesses are receiving IDA tax
exemptions, two are receiving tax exemptions from their respective local
municipalities, and one is tax exempt as a nonprofit organization.
Job Creation
We found that 15 of the projects (60 percent) failed to meet the job creation goals
that were expected as a result of receiving financial assistance from the IDAs. We
reviewed project applications to identify the number of jobs that existed prior to the
IDAs involvement and the number of jobs expected to be created from receiving
IDA financial assistance. Cumulatively, at the time the project applications were
submitted to the IDAs, the 25 projects indicated that 1,430 full time jobs (or full time
equivalent positions), 77 part time jobs and 257 seasonal or contract jobs existed
prior to receiving any financial assistance from the IDAs for the sample projects.
In addition, a total of 783 full time jobs, 148 part time jobs and 128 seasonal or
contract jobs were expected to be created. As such, the total jobs that were
expected to be created and retained were 2,213 full time jobs, 225 part time jobs
and 385 seasonal or contract jobs. In total, we found the full time jobs fell short of
the expectations outlined in project applications. At completion, the 25 businesses
reported having 2,174 full time jobs, 626 part time jobs and 328 seasonal or
contract jobs. Although there was an increase of 401 part time jobs, there was a
reduction of 39 full time jobs and 57 seasonal jobs.
5
In reviewing each business individual results, we found 10 projects met their job
creation goals by exceeding the expectations outlined in their application, while 15
did not meet their job creation goals.
Percentage of
Job Creation Results Number of Projects
Total
Did not Meet Jobs Goals Expressed in Application 15 60%
Met Jobs Goals Expressed in Application 10 40%
Totals 25 100%
Of the 15 projects that did not meet their full time employment goals, seven projects
actually resulted in a loss of jobs from the time of the applications. For example,
two businesses were seeking mortgage recording tax exemptions as part of
refinancing outstanding debt and indicated that they would retain all their existing
jobs. Yet both businesses reported fewer jobs after receiving the financial
assistance. Another project reported that it had 108 full time jobs when it applied
to the IDA in 1999 and expected to create an additional 32 full time jobs. However,
at completion the project reported only 80 full time jobs.
In addition, two projects PILOT agreements were terminated early by the IDA due
to failure to comply with terms of the agreement. Neither of these projects met its
employment goals at the time the projects were terminated. One project received
a 25-year PILOT, but it was terminated after 10 years because the business failed
to maintain adequate insurance. Once the PILOT was terminated the business
vacated the property. The other project received a 15-year PILOT but was
terminated after three years because it failed to pay the PILOTs. Although this
business had not met its job creation goals at the time the project was terminated,
this business is still active and continues to operate without IDA assistance. We
also found that one project had met its job creation goals at the time the project
was completed, but the business closed within three years and all jobs were lost.
6
Percent of Businesses Receiving Multiple Assistance Packages
In addition, as of July 2017 we found that eight of the 25 businesses (32 percent)
continue to receive financial assistance from the IDA. Two of those projects were
initially approved in the 1990s yet are not set to be completed until 2031. For
example, one project was for the acquisition and renovation of a salt mine that
began receiving tax exemptions and making PILOTs in 1998. As a result of the
additional financial assistance provided through PILOT amendments and
modifications, the project has remained tax exempt since 1998 and is not planned
to return to the tax rolls as a taxable property until 2031. Another project was for
the acquisition, renovation and construction of an aquarium. The tax exemptions
and PILOT agreement began in 1999, and in 2010 was extended for an additional
ten years as part of the construction of a hotel and conference center. The original
PILOT was then extended a second time in 2015 for another ten years to include
a second hotel and a restaurant. This company will continue to receive property
tax exemptions until 2031 on all improvements made to the property since 1999.
In large part, this additional financial assistance is driven by the IDAs perspective
regarding its role in economic development. Some IDAs appear to consider and
treat the businesses like clients, and try to continue serving those clients as often
and frequently as requested. It also appears that once a business has been
approved for financial assistance from the IDA, the business is likely to return to
the IDA in the future to take advantage of the tax exemptions for additional
renovations or expansions at the project location. Based on our discussions with
IDA officials and our review of documents, it is rare for an IDA to deny financial
assistance to a returning business.
When combined, the total IDA financial assistance provided through 2016 to the
25 businesses for the 57 projects was $60.6 million. These projects paid a total of
7
$17.9 million in PILOTs, for total net exemptions of $42.6 million. Since eight of
these projects remain active and will continue to receive financial assistance until
they are completed, these totals will continue to increase over time. These
amounts do not include additional financial assistance the project owner may have
received from other economic development programs for the respective projects.
Number of
Financial Assistance by Type Combined Totals
Projects (n=57)*
Bond Financing 8 $49,475,000
Sales Tax Exemption 37 $8,348,571
Mortgage Recording Tax Exemption 29 $9,429,943
Real Property Tax Exemption 33 $42,856,731
Combined Tax Exemptions $60,635,245
PILOTS 33 $17,979,721
Net Exemptions $42,655,524
* Total number exceeds 57 since some projects received multiple types of assistance
Although certain projects with additional financial assistance have been successful
in their job creation goals, we also observed that some of these projects appear to
be dependent on public subsidies and continue to receive financial assistance for
extended periods of time beyond the initial requests. We found that 84 percent of
the projects received IDA financial assistance for a period of 20 years or less.
However, 12 percent of project owners are receiving ongoing financial assistance
in the form of real property tax exemptions that will result in over 30 years of IDA
financial assistance. This does not consider whether even more financial
assistance will be requested and provided to those projects. For example, during
a public hearing for a request to extend financial assistance for an additional ten
years on a project, the project representative stated that the project expects to
receive eight more similar extensions to be able to sustain the business.
Years of IDA Number of
Percent of Total
Assistance Projects
1 - 9 years* 4 16%
10 - 19 years 16 64%
20 - 29 years 2 8%
30+ years 3 12%
*Three of these projects were terminated early or not completed
We found that 15 of the 25 businesses (60 percent) failed to meet the total job
creation targets expected as a result of receiving financial assistance for multiple
projects. We determined the number of jobs that were reported in the project
application as existing prior to the IDAs financial assistance for the initial project
and added all jobs expected to be created by that project and related projects to
identify the total jobs that each project owner expected to create as a result of
8
receiving financial assistance from the IDA. In total, the project owners indicated
they expected to create and retain a total of 2,623 full time jobs, 229 part time jobs
and 405 seasonal or contract jobs, for a total of 3,257 jobs.
We then determined the jobs reported as existing at the conclusion of the project
in 2011, or as of the end of 2016 for projects that continue to be active. We found
the project owners reported 2,564 full time jobs, 236 part time jobs and 397 other
jobs. Although in total the 25 businesses did not create the number of full time
jobs that they expected to create, they did meet the expectations for creating part
time jobs. Overall, total job expectations (full time, part time and seasonal jobs),
fell short by 60 positions.
Difference between
Existing Jobs Jobs
Combined Job Expectations
Jobs to Expected Total Job Reported
Projects and Jobs at Project
be to be Expectations by Project
(n=57) Completion or Last
Retained Created Owner*
Reported
Full time
1,043 1,580 2,623 2,564 -59
Jobs
Part time
55 174 229 236 +7
Jobs
Seasonal
Contract 257 148 405 397 -8
Jobs
Totals 1,355 1,902 3,257 3,197 -60
*Jobs reported by project owner for project location as of the year of project completion (2011) or
most recent jobs as of 2016 for active projects
The ABO has historically pointed out that the accuracy of the data reported in
PARIS by public authorities is questionable, as authorities frequently report
incorrect and inaccurate data. We found that all data reported by the IDAs was
correct and accurate for only 14 of the 57 total projects.
IDA Reporting Accuracy
For example, nine of the 16 IDAs indicated that the financial assistance information
they had reported was inaccurate for 20 of the 57 projects. For example, we found
15 projects where the IDA provided tax exemptions but never reported the tax
9
exemptions that the project owner received. Five projects were never reported in
PARIS, while the other ten projects were reported in PARIS but the IDA did not
report all the exemptions provided to the projects.
The other five projects that were reported inaccurately were reported as receiving
tax exemptions when those exemptions were not provided by the IDA. For
example, three New York City IDA projects were reported as receiving tax
exemptions totaling $3,609,557 and paying PILOTs of $1,212,567, for total net
exemptions of $2,396,990. However, IDA officials told us that the numbers
reported were incorrect and that one of the projects, although reported as receiving
sales tax and real property tax exemptions, did not receive any tax exemptions
and was only provided bond financing. IDA officials provided revised numbers that
showed the total real property tax exemptions provided to the three projects was
$2,431,756 and the total PILOTS were $362,874, for total net exemptions of
$2,068,882.
IDAs are also reporting incorrect job data. We found 32 projects where the IDA
reported a different number of jobs expected to be created by the project than the
project owner stipulated in the application for financial assistance. In one instance,
an IDA official stated that the IDA revised the job creation numbers for a project
during its board approval process. The IDA reported the revised job creation
number, not the number of jobs expected to be created that the project owner
indicated in the application for financial assistance. In another instance, the project
owner did not include any employment information in the application, but the IDA
reported the project was expected to create 145 full time equivalent jobs (FTEs).
We also found ten projects where the most recent employment figures reported by
the IDA in PARIS did not match the employment information provided by the
project owner to the IDA. For example, for one project the company reported that
it had 19 FTEs at the end of 2011; however, the IDA reported 11 FTEs in PARIS.
For another project the project owner reported 359 seasonal and part time
positions, but the IDA reported none of those jobs in PARIS. Officials from another
IDA told us that it only reports full time jobs; if a business reports part time positions
the IDA will ignore that data and only report the full time positions reported by the
business.
10
Conclusions and Recommendations
The role of IDAs in the States economic development program should be reviewed
and re-evaluated. While there are many projects where the IDA appears to have
helped encourage new business development and attract businesses to the area,
it also appears that long-term financial assistance is being provided to many
businesses simply to help support the operations of the business.
In addition, the reliability of the data reported by IDAs in the Public Authorities
Reporting Information System (PARIS) is a significant issue. IDAs require
businesses to complete forms and submit records that provide the information to
the IDA, yet IDA officials are unable to accurately report that data in PARIS. This
causes the usefulness of the data to be tenuous, at best, and serves to undermine
the transparency provisions of Public Authorities Law. IDA staff and board
members have a fiduciary responsibility to provide the public with accurate data in
accordance with both General Municipal Law and Public Authorities Law.
11
Appendix A
A-1
Appendix B Project Summaries
The project was to construct a distribution facility. The total project costs were
$1,065,000. At the time of the application in 1996, the applicant indicated that there
were 19 full-time jobs and 1 part time job and 1 seasonal job in existence and
anticipated the project would create an additional 30 full-time jobs.
The IDA reported that the project received real property tax exemptions totaling
$649,920 but IDA officials indicated that this was incorrect, since no exemptions
were reported for 2009. IDA officials indicated that the correct amount of real
property tax exemptions was $686,403 and that the total payments in lieu of taxes
(PILOTs) made were $169,534, for a total net exemption of $516,869.
At the completion of the project in 2011, the project owner reported employment
of 22 full time employees and 3 part time employees, although the IDA reported
25 full time equivalent positions.
At the time of our review in 2017, the facility continues to operate under the same
ownership. The property is listed on the tax rolls with an assessed value of
$10,200.
The IDA reported that the project received mortgage recording tax exemptions and
real property tax exemptions totaling $955,032, but IDA officials indicated that this
was incorrect, since the exemptions received for 2007 and 2009 were not reported.
IDA officials stated that the correct amount of tax exemptions was $1,185,083, and
the total payments in lieu of taxes (PILOTs) made were $1,125,083, for total net
exemptions of $60,000. The project also received financing through the issuance
of $2 million in Industrial Revenue Bonds, which were fully paid off in April 2011.
At the completion of the project in 2011, the project owner reported employment
of 80 full time employees and 3 part time employees, which the IDA reported as
82 full time equivalent positions.
At the time of our review in 2017, the facility continues to operate under the same
ownership. The property is listed on the tax rolls with an assessed value of
$28,660.
B-1
Broome Industrial Development Agency New Visions Industries
The project was to purchase, renovate and equip an existing building in Endicott,
Broome County to relocate an existing manufacturing company from Tioga County.
The relocation was needed to accommodate the companys current and future
business growth. At the time of the application in 2008, the company indicated it
had 22 jobs in Tioga County and estimated that the relocation would create an
additional 40 jobs by the 3rd year at the new location.
The IDA provided the project with sales tax, mortgage recording tax and real
property tax exemptions, and entered a 15-year payment in lieu of taxes (PILOT)
agreement. However, the project owner failed to make the PILOT payments to the
county and school district and in 2011, the IDA terminated the agreement. The
IDA commenced collection proceedings to recover the unpaid PILOTs and the
project owner agreed to pay the amount owed, plus interest.
The IDA reported that from 2008 to 2011 the project received sales tax, mortgage
recording tax and real property tax exemptions totaling $174,794 and made
PILOTs to the town of $40,269, for total net exemptions of $134,525. Although the
IDA terminated the project and reported the project as completed in 2011, the
project continued to receive property tax exemptions in 2012, until it was returned
to the tax rolls as fully taxable. During our review IDA officials stated that the
property tax exemptions and PILOTs reported in PARIS were inaccurate. Based
on IDA records the total tax exemptions for 2008 to 2012 were $128,677 and the
total PILOTs owed were $116,835, resulting in a net exemption of $11,842. IDA
officials indicated that it believes all PILOT payments have been made, since the
IDA has not been notified of any lack of payment under the settlement agreement.
At the end of 2011, the project owner reported that there were 27 full time
employees at the project location and the IDA accurately reported 27 full time
employees. At the time of our review in 2017, the business continues to operate
at the same location and under the same ownership. The property is listed on the
tax rolls as taxable with an assessed value of $34,500.
B-2
There have been several expansions to the project facility, as well as additional
financial assistance provided by the IDA. In 2006, the project owner constructed
another addition to the facility and purchased additional equipment. The total
project costs were estimated to be $2.5 million. At the time of the application in
2005, the project owner indicated that 98 full time jobs existed and that the project
would create an additional 20 full time jobs. For 2006 through 2011, the IDA
reported that the project received a total of $156,049 in sales tax and real property
tax exemptions, and made $32,680 in PILOTs, for net exemptions of $123,369.
The PILOT agreement extended to 2021 for this project.
In 2011 a third addition was built and more equipment was purchased. The project
costs were estimated to be $3.2 million. The project owner indicated that 155 full
time jobs existed, and estimated the project would create an additional 25 full time
jobs. This project also received sales tax and real property tax exemptions. The
IDA did not enter into a new PILOT agreement for this project, but instead
amended the existing 2006 PILOT agreement to incorporate the new addition and
extend the existing PILOT agreement to 2027. Rather than report the 2011 project
separately, the IDA reported results associated with the 2011 project as part of the
2006 project. As such, for 2012 through 2016 the IDA reported total exemptions of
$465,709, and total PILOTs of $236,459, for total net exemptions of $229,250 for
the two projects combined.
In 2015 the project owner built a fourth addition to the facility, with estimated costs
of $354,640. On the application for this project, the project owner indicated that
215 full time jobs existed and the project would create an additional 13 full time
jobs. The IDA reported the project received $21,500 in sales tax exemptions and
was completed in 2015.
In total, for the four projects the IDA reported $683,036 in tax exemptions and
$299,237 in PILOTs, for total net exemptions of $383,799. IDA officials stated that
they were unable to verify the accuracy of the tax exemptions and PILOTs that
they reported for the 1996, 2006 and 2011 projects, but estimated the project
owner received $727,303 in tax exemptions and paid $461,567 in PILOTs from
1995 through 2016, for a total of $265,756 in net exemptions.
Prior to the first project in 1996, the project owner indicated that there were 77 full
time jobs existing. Cumulatively, the various projects that were provided financial
assistance by the IDA proposed creating an additional 88 jobs (30 jobs for the 1996
project, 20 jobs for the 2006 project, 25 jobs for the 2011 project, and 13 jobs for
the 2015 project) for a total of 165 jobs. As of December 2016, the company
reported 209 full time equivalent employees at the facility.
At the time of our review in 2017, the business continues to operate at the same
location and under the same ownership. The total assessed value of the project
facility is $4,453,000, of which $4,153,000 is tax exempt under the existing PILOT
agreement which remains in effect until 2027.
B-3
Cayuga Industrial Development Agency - Johnston Paper (May & May
Associate)
The project was for the construction of a warehouse and office facility in an IDA
owned industrial park, to be used by an existing distributor. Total project costs were
estimated to be $4.3 million. At the time of the application in 2001, the distributor
indicated it would retain 60 jobs and the project was expected to create an
additional 40 jobs.
The IDA reported that the project received sales tax, mortgage recording tax and
real property tax exemptions totaling $8,029,167, but made no payments in lieu of
taxes (PILOTs). However, during our review IDA officials stated this information
was incorrect. Although the IDA approved a PILOT agreement for the project
effective until 2024, IDA officials stated the project was the recipient of New York
State Empire Zone benefits and therefore did not receive any real property tax
exemptions from the IDA. They indicated that the project only received sales tax
and mortgage recording tax exemptions, totaling $112,436.
Although the PILOT agreement was not terminated, the IDA reported the project
as completed in 2011 due to no exemptions being provided to the project by the
IDA. And even though the project owner did not provide any employment data to
the IDA, the IDA reported there were 105 full time equivalent employees
associated with the project.
In 2014 the company received additional financial assistance from the IDA to
expand the existing facility. Total project costs were estimated to be $5.8 million.
At the time of the application, the project owner indicated there were 113 existing
full time jobs, and the expansion project was expected to create an additional 19
full time jobs by its third year. The IDA provided sales tax, mortgage recording tax
and real property tax exemptions for the project. However, rather than enter into a
new PILOT agreement, the IDA modified the existing 2003 PILOT agreement to
include the addition and extend the agreement through 2030. Through 2016, the
IDA reported total tax exemptions of $393,177 and total PILOTs of $189,327, for
total net exemptions of $203,850. However, IDA officials again stated the reported
information was incorrect, since $48,400 in mortgage recording tax exemptions
was not reported by the IDA. IDA officials stated that the total net exemptions for
the project were $252,249. As of 2016, the project owner reported that there were
114 full time employees at the project location.
At the time of our review in 2017, the business continues to operate at the same
location and under the same ownership. The property is currently assessed at $10
million, but remains wholly exempt and subject to the existing PILOT Agreement
until 2030.
B-4
City of Schenectady Industrial Development Agency SROA Realty, LLC
The project was to acquire, renovate and equip an existing building on Liberty
Street for the applicant. The building had previously been owned and operated by
a medical provider but had been vacated. The project applicant wanted to
consolidate and update its existing orthopedic and physical therapy services at the
location, and anticipated selling its two existing locations in the City of Schenectady
to other medical practices. At the time of the application in 2000, the company had
46 full time employees and the proposed project was expected to create an
additional 4 full time and 5 part time jobs. The project applicant requested the IDA
to issue bonds to finance the project as well as provide sales, mortgage recording
and property tax exemptions.
The IDA reported that the project received only property tax exemptions totaling
$432,465 and made payments in lieu of taxes (PILOTs) of $442,559, resulting in
a negative net exemption of -$10,094. The IDA reported that bonds were not
issued to finance the project and that no sales or mortgage recording tax
exemptions were provided. However, during our review IDA officials stated that the
reported information was inaccurate. IDA officials indicated that the total real
property tax exemptions were $759,015 and the total PILOTs made were
$741,623, for a total net exemption of $17,392, and that sales and mortgage
recording tax exemptions were also provided to the company, but that the IDA
could not determine the amount of these exemptions.
For 2011, when the project was reported as completed, the project owner reported
that there was only 1 full time equivalent position for the project, but the IDA
reported 0 jobs for the project. IDA officials told us that the project owner did not
accurately report the job information for 2011 and that the IDA had not obtained
the correct information. For 2010 the project owner had reported 84 full time
equivalent jobs for the project.
It appears that in 2014, the project owner merged with another existing orthopedic
service provider and the project owner company was later dissolved in September
2016. At the time of our review in 2017, the merged company operates an
orthopedic practice at the project facility. The property is listed on the tax rolls with
a taxable value of $1,859,200.
The project was to construct an 80-bed assisted living facility for senior citizens.
At the time of the application in 1999 the applicant indicated that there were no
existing employees and the project was expected to create 28 full time and 21 part
time jobs.
The IDA reported that the project received real property tax exemptions totaling
$1,477,827 and made payments in lieu of taxes (PILOTs) of $581,862, for total net
exemptions of $895,965. The facility was sold to another owner in 2005 and the
IDA transferred the tax exemptions and PILOT agreement to the new owner.
B-5
In October 2010, prior to the projects completion in 2011, the project owner
reported an average of 44 full time equivalent positions at the facility over the
preceding twelve months. The IDA reported that the project had 44 full time
equivalent employees when it closed the project in 2011.
At the time of our review in 2017 the facility continues to operate at the location
although it appears that ownership of the facility has again been transferred, this
time to a company located in Toledo, Ohio. The property is listed on the tax rolls
with a taxable value of $4,217,000.
The project was to construct and furnish an office building for a startup company
to grow and develop. The startup company was involved with the design, testing
and delivering of semiconductor imaging sensor chips. At the time of the
application in 2001 the applicant indicated that 18 full time equivalent employees
existed at the company. The project was expected to create an additional 32 full
time jobs. This project also received financial assistance from the State in the form
of grants and incentives.
The IDA reported that project received real property tax exemptions totaling
$381,628 and made payments in lieu of taxes (PILOTs) of $200,582, for total net
exemptions of $181,046.
IDA records indicate that this project experienced financial difficulties from the
outset, and was acquired in 2003 by a company based in California. By 2005
another company in an unrelated industry began using some of the space in the
office building.
As of October 2010, prior to the projects completion in 2011, the project owner
reported that there were an average of only 15 full time equivalent employees at
the facility over the preceding twelve months. The company also reported that
another unrelated company was located at the project and had an average of 25
full time equivalent employees at the location over the preceding twelve months.
The IDA reported that the project had 15 full time equivalent employees when it
closed the project in 2011.
At the time of our review in 2017 the office building still exists at the location but is
now owned by the business that began using the space in 2005, an agricultural
lending company. The property is listed on the tax rolls with a taxable value of
$900,000. IDA records indicate that the project company was bought out in 2012
and the new owner relocated the company to Rochester, NY.
B-6
Erie County Industrial Development Agency - Oriskany Research, LP
The project was to renovate and expand an existing manufacturing facility, and to
purchase equipment for the facility. The total project costs were estimated to be
$724,000. At the time of the application in 1994, the applicant indicated that there
were 51 full time jobs in existence and anticipated the project would create an
additional 30 full time jobs.
The IDA issued $500,000 in tax exempt Industrial Revenue Bonds to finance the
project, provided sales tax, mortgage recording tax and real property tax
exemptions, and entered a payment in lieu of taxes (PILOT) agreement that would
be in effect until 2011. The bonds were expected to be paid off by 2011. In 2003,
another company purchased the facility from the project owner and the bonds were
paid off. However, rather than entering a new lease and PILOT agreement with the
new owner, the IDA allowed the company to assume the existing lease and PILOT
agreement. The new company planned to lease half of the facility to the original
project owner and the other half to two other tenants. Although there was a change
of ownership for the project, the IDA did not close the original project and create a
new project with the new owner, but instead continued to report the financial
assistance provided to the new company under the original 1994 project. In 2010,
the original project owner completely vacated the facility and was replaced by a
new tenant. The project was reported as completed in December 2011.
The IDA reported that the project received sales tax, mortgage recording tax and
real property tax exemptions totaling $630,677 and made PILOTs of $560,962, for
total net exemptions of $69,715. As part of our review IDA officials were unable to
verify the accuracy of this data, since the IDA no longer maintained those records.
In 2011, the IDA reported that there were no jobs associated with the project. IDA
officials indicated that employment information was requested annually from the
project owner, but that no response was received, and therefore reported zero
jobs. The IDA last reported jobs for the project in 2004 when the IDA reported 17
full time equivalent positions.
At the time of our review in 2017, the original project owner is no longer an active
business but the project facility continues to operate under the company that
purchased the facility in 2003. The property is listed on the tax rolls with a taxable
value of $508,150.
The project was for a furniture retail company to refinance an existing mortgage of
$1,150,000 for its facility that originally received financial assistance from the IDA
in 2006. At the time of the application in 2011, the applicant indicated it had 45 full
time jobs. There were no jobs expected to be created from the refinancing.
The applicant had previously received IDA financial assistance in 2006 to acquire
and construct a 100,000 square foot facility to relocate an assembly and
distribution center for the applicants furniture retail showrooms. The 2006 project
B-7
was estimated to cost over $4 million. At the time of the application the company
indicated it had 35 full time jobs and that the project was expected to create an
additional 76 full time jobs for a total of 111 planned positions at the facility. The
company also received a $586,000 state grant to assist in furnishing the facility.
The IDA reported that the project received $13,750 in mortgage recording tax
exemptions for the 2011 refinancing. In addition, the IDA reported that the original
project to acquire and construct the assembly and distribution center received
sales tax, mortgage recording tax, and real property tax exemptions through 2016
totaling $780,896 and made PILOTs of $488,204, for total net exemptions of
$292,692. Since the IDA approved a 15-year PILOT, this project continues to
receive property tax exemptions through 2022.
At the end of 2011 when the refinancing project was completed, the company
reported, 41 full time equivalent (FTE) employees, a decrease in jobs from the time
of its application. For 2016, the project owner reported that there were 72 FTE
employees and the IDA reported this number of FTEs.
At the time of our review in 2017 the business continues to exist and operate at
this location. Since the PILOT for the 2006 project is still active the property
continues to be exempt from property taxes until 2022. The total assessed value
of the property is $2,000,000.
The purpose of this project was to refinance and provide additional financing for
an existing IDA project for a senior living facility project. The application indicated
the additional financing was needed to pay-off debt that was incurred by the
previous project owner.
The IDA initially provided assistance to this project in 1999. This assistance was
provided to enable the initial project owner to acquire and improve an existing
senior living facility. This facility was being operated by a not for profit entity that
had financed the original construction with bonds issued by a local housing
authority. The IDA reported that the 1999 project received sales tax and real
property tax exemptions totaling $980,016 and made payment in lieu of taxes
(PILOT) payments of $655,320, resulting in net exemptions of $324,696.
Subsequently, in 2006 the facility was transferred to a new owner and the IDA
provided financial assistance in the form of sales, mortgage recording and real
property tax exemptions to expand the facility and add 40 to 45 additional
residential units. The IDA reported that the 2006 project received $104,694 in real
property tax exemption and made $37,121 in PILOTs, resulting in net exemptions
of $67,573. However, the 2006 project was not completed and in 2008 the property
entered into foreclosure proceedings because the project owner defaulted on the
PILOTs and other debt related to the construction of the additional units. Prior to
foreclosure, a new owner applied to the IDA for financial assistance to take over
the facility, finish and expand the project to include an additional 50 residential
B-8
units and pay off past debts of the prior owner. The IDA reported that the 2009
expansion project has received sales tax and real property tax exemptions through
2016, totaling $727,866 and has made PILOT payments totaling $252,107
resulting in net exemptions of $475,760. In 2011 the project owner refinanced the
outstanding debt, and the IDA provided a mortgage recording tax exemption of
$3,500. This project location is still active under the 2009 PILOT agreement that is
set to expire in 2019.
As a result, of these various projects and requests for assistance, the IDA has
reported that a total of $871,529 in net tax exemptions have been provided to this
facility from 1999 through 2016. The 2009 project remains active, and continues
to receive additional financial assistance.
In 1999 the project application indicated that there were 6 full time and 2 part time
jobs and the project was expected to create an additional 3 full time jobs. The
2006 application indicated that there were 10.5 full time equivalent (FTE)
employees and the project was expected to create an additional 8.5 FTEs.
However, the 2009 application indicated that there were only 8 full time and 13 part
time jobs at the project and that an additional 2 full time and 10 part time jobs would
be created as part of the project expansion. At the time of the 2011 application, the
project owner indicated that there were 18 FTE employees and that the project
refinancing would result in creating an additional 3 FTEs within three years. In 2011
when the refinancing project was complete, the company reported that the project
had 19 FTE employees. For 2016, the project owner reported having 46 FTE
employees but the IDA reported 27 FTE employees for this project.
At the time of our review in 2017 the facility continues to be in operation at the
project location. The project has continued under the same ownership as the 2009
project applicant. The project location, which consists of multiple separately
assessed parcels, is listed on the tax rolls with a total assessed value of
$5,434,500, of which $2,650,000 remains tax exempt under the existing PILOT
agreement until it expires in 2019.
The project was for the acquisition, renovation and equipping of an existing 13,000
square foot facility for use as a manufacturing facility. The total project costs were
$1,878,500. At the time of the application in 1999, the applicant indicated that there
were 74 jobs in existence and anticipated the project would create an additional
30 full time jobs.
B-9
Although the bonds were still outstanding as of the end of 2011, the IDA reported
the project as completed in 2011. At that time, the project owner reported
employment of 88 full time employees and 5 part time employees.
At the time of our review in 2017, the facility continues to operate under the same
ownership. The property is listed on the tax rolls with a taxable value of $10,413.
The project was to expand an amusement park by increasing the number of water
rides. At the time of the application in 1997 the applicant indicated that 18 full time
and 250 seasonal employees existed at the park. The project was expected to
create an additional 15 full time and 100 seasonal jobs.
The IDA reported that the project received sales tax, mortgage recording tax and
property tax exemptions totaling $955,716 and made payments in lieu of taxes
(PILOTs) of $702,180, for total net exemptions of $253,536.
At the end of 2011 when the project was completed, the project owner reported
that there were 44 full time employees, 307 full time temporary employees and 52
part time temporary employees. However, the IDA reported only that there were
currently a total of 44 full time equivalent positions in PARIS, but also noted that a
total of 333 were employed by the company during the summer of 2011.
In addition to the project we reviewed, the project also received IDA financial
assistance (sales tax and mortgage recording tax exemptions) in 2012 for an
additional park expansion.
At the time of our review in 2017 the park continues to operate under the same
ownership. The property is listed on the tax rolls with a taxable value of $3,299,000.
The IDA reported that the project received sales tax and property tax exemptions
totaling $253,669 and made payments in lieu of taxes (PILOTs) of $77,697, for
total net exemptions of $175,972. In addition, the IDA reported that the original
project to relocate the company and construct the warehouse received sales tax,
mortgage recording tax and property tax exemptions totaling $1,633,510 and made
PILOTs of $1,076,622, for total net exemptions of $556,888.
B-10
At the end of 2011 when the project was completed, the project owner reported
that there were 186 full time employees and 34 part time employees in total at the
project location. This includes employees that were created as part of the initial
warehouse construction and the warehouse expansion as well as employees that
relocated from the original location. The IDA reported that there were currently a
total of 203 full time equivalent positions for the project.
At the time of our review in 2017 this business continues to exist and operate at
this location. The property is listed on the tax rolls as taxable with a taxable value
of $4,418,700.
The project was for the purchase of machinery and equipment to be used for a
pizza restaurant. At the time of the application in 2010, the company indicated it
had 10 full time and 40 part time jobs and estimated that the project would retain
10 full time jobs and 25 part time jobs. However, IDA staff stated that the jobs
reported in the application were incorrect, and that there were no existing jobs at
the time of application, but that the project owner was not required to revise the
application. The IDA reported that there were no jobs prior to IDA assistance, and
the project was expected to create 10 new jobs.
The IDA reported that the project received sales tax exemptions totaling $7,481.
In March 2011, the project owner reported that there were 19 full time equivalent
employees at the project location, and the IDA reported 19 full time equivalent
employees.
At the time of our review in 2017, the business was no longer in operation at the
project facility. Instead, the location appears to be occupied by other retail
businesses. The property is currently listed on the tax rolls with a taxable value of
$780,000.
The project was to refinance the debt for an existing IDA project for a salt mine.
The application indicated that the refinancing was needed to consolidate existing
debt and to expand the operations.
The project owner initially applied to the IDA in 1998 for financial assistance to
acquire and renovate an existing salt mine. According to the 1998 application, the
project owner planned to construct new underground mine yards, support facilities
on the surface, and purchase additional equipment. Total project costs were
estimated to be more than $92 million. At the time of the application, the project
owner indicated that there were 8 existing jobs and estimated that 165 additional
jobs would be created as a result of the project. The IDA provided sales tax,
mortgage recording tax and real property tax exemptions for the project and
entered a 30-year payment in lieu of taxes (PILOT) agreement extending through
B-11
2031. Through 2016 the IDA reported total exemptions of $18,700,781 and total
PILOTs of $7,054,502, for total net exemptions of $11,646,279 for this project.
There have been numerous changes and amendments to this project, as well as
additional financial assistance provided by the IDA. In 2001 the company amended
its loan agreement, but it does not appear that financial assistance was provided
by the IDA. In 2004 the company refinanced a total of $62,141,113 but again it
does not appear that financial assistance was provided by the IDA. In 2006 the
company acquired additional equipment with a value of up to $5 million and
appears to have received sales tax exemptions on the acquisition. However, the
IDA did not report any financial assistance for this. And in 2007 the company began
leasing additional rail cars for its operations, with these costs expected to be up to
$5 million. It appears that sales tax exemptions were also provided for these
leases, but the IDA did not report any financial assistance for this.
In 2009 the project owner expanded the project and obtained a second mortgage
of $56,427,572. The project owner indicated that an additional 5 jobs would be
created. It appears that sales tax, mortgage recording tax and real property tax
exemptions were provided, but the IDA only reported sales tax exemptions totaling
$66,836 for these two projects. The IDA did not enter a new PILOT for these
projects, but instead amended the existing PILOT to include the expanded project.
In 2010 the project owner refinanced a total of $225 million to retire the outstanding
mortgages and to obtain additional funds for working capital. The IDA reported that
$2,250,000 of mortgage recording tax exemptions were provided for the project.
The IDA also reported a second project in 2010 worth $106 million, but did not
report any financial assistance provided. In 2011 the project owner again
refinanced the existing debt of up to $500 million, and the IDA reported providing
mortgage recording tax exemptions of $2,750,000. In 2014 the project owner
refinanced the existing mortgages of $179,698,487 and the IDA reported providing
$30,000 of mortgage recording tax exemptions. In 2015 the project owner
expanded railroad service at the facility and proposed creating an additional 26
jobs. The IDA reported providing $24,464 in sales tax exemptions for this project.
From 1998 through 2016 the IDA reported providing a total of $23,822,081 in
exemptions for the projects associated with this company ($18,700,781 for the
1998 project, $66,836 in 2009, $2,250,000 in 2010, $2,750,000 in 2011, $30,000
in 2014 and $24,464 in 2015.) The IDA also reported that the company paid a total
of $7,054,502 in PILOTs, for total net exemptions of $16,767,579.
The project owner indicated that there were 8 jobs existing at the time of the initial
application in 1998, and proposed creating an additional 196 jobs as a result of the
financial assistance provided by the IDA on the various projects (165 jobs for the
1998 project, 5 jobs for the 2009 project, and 26 jobs for the 2015 project) for a
total of 204 jobs. As of December 2016, the company reported 354 full time
equivalent employees at the facility.
B-12
At the time of our review in 2017 the facility continues to be in operation at the
location. Although the above ground facility has a taxable value of $45,326,751, it
is wholly exempt under its existing PILOT agreement which extends to 2031.
The purpose of this project was to construct a 100,000 square foot facility to be
sublet to a telecommunications company for use as an operations facility and
headquarters. At the time of the application in 1999, the applicant indicated that
the tenant company had 200 existing employees and that the project was expected
to create another 200 full time jobs by the end of the 3 rd year of the project.
The IDA reported that, over the life of the project, the project received sales tax,
mortgage recording tax and real property tax exemptions totaling $2,614,471 and
made payments in lieu of taxes (PILOTs) in the amount of $1,083,879, resulting in
total net exemptions of $1,530,592.
In 2002, 2004, 2005 and 2007, the tenant company also received financial
assistance from the IDA to expand its operations, totaling more than $338,000 in
sales tax exemptions. Cumulatively, these expansion projects, were expected to
create an additional 114 jobs. Considering that the tenant had 200 existing
employees in 1999 and was expected to create 200 jobs within three years, the
tenant company was expected to have a total of 514 full time equivalent employees
as a result of the financial assistance provided by the IDA. In 2011 when the project
was completed, the project owner reported that the project had 482 full time
equivalent employees.
The project was for an existing full service towing and emergency service company
to expand its operations by purchasing four additional tow trucks at a total cost of
$363,393. At the time of the application in 2009, the company indicated it had 13
full time equivalent (FTE) employees and that the project was expected to create
an additional two FTE employees. The applicant had previously received IDA
financial assistance in 2004 to purchase three tow trucks. The company indicated
that it had three employees at the time of the 2004 application and expected to
create five additional jobs.
The IDA reported that the 2009 project to purchase the four tow trucks received
$41,446 in sales tax exemptions. In addition, it also appears that the 2004 project
to purchase three tow trucks received $16,024 in sales tax exemptions. At the end
B-13
of 2011 when the IDA reported the 2009 project as completed, the company
reported that the project had 10 full time and 12 part time positions.
A related entity of the project owner also received IDA financial assistance in 2008
to purchase, renovate and equip a 25,000 square foot facility in Rochester to be
used as its corporate headquarters. At the time of its application, the project owner
indicated it had 17 full time and 11 part time positions, and that the project was
expected to create an additional 20 full time and 11 part time jobs. The IDA
reported that this project has received sales tax, mortgage recording tax and real
property tax exemptions through 2016 totaling $184,089 and made PILOTs of
$30,437, for total net exemptions of $153,652. For 2016 the company reported that
it had 41 full time and 2 part time employees. The project is still active with a PILOT
set to expire in 2018.
At the time of our review, the business continues to exist and operate at the project
location. The property is currently owned by the IDA and wholly exempt under the
existing PILOT until 2018. The total assessed value of the property is $1,434,600
The project was for a non-profit secondary school to refinance existing debt and to
construct an addition on an existing building. The total project costs were
$22,885,000. Of this total, $10,700,000 was the refunding of bonds originally
issued by the IDA in 1994 to construct the facility. At the time of the application,
the applicant indicated that 152 full time jobs and 19 part time jobs existed. The
project was estimated to create an additional 19 jobs. In 2000, the IDA issued tax-
exempt civic facility bonds totaling $21,650,000 for the project, with a maturity date
of December 31, 2031. The IDA reported that the project received no additional
exemptions or benefits.
The project was completed in 2011, when the bonds were paid off. At that time,
the project owner reported 152 full time and 13 part time employees, a decrease
in the number of part time jobs since the application.
At the time of our review in 2017, the non-profit school continues to operate and
exist at the project location. The property has an assessed value of $25,587,000;
however since the school is a non-profit entity the property is tax exempt.
The IDA reported that the project received mortgage recording tax and real
property tax exemptions totaling $708,508 and made payments in lieu of taxes
B-14
(PILOTs) of $353,394, for total net exemptions of $355,114. However, during our
review IDA officials stated that the information reported for the project was
inaccurate. IDA officials stated the total tax exemptions provided to the project
were actually $454,644 and the total PILOTs were actually $252,349, for a total
net exemption of $202,295.
The project was terminated in July of 2010, due to the companys failure to abide
by the terms of project agreements. The IDA did not obtain job information for the
final years of the project, but reported four full time equivalent employees for 2008
and 2009, and zero employees for 2010 and 2011.
At the time of our review in 2017, the facility is still owned by the company, but the
business does not appear to be operating. The property is listed on the tax rolls
with an assessed value of $952,650.
New York City Industrial Development Agency - L & M Optical Disc, LLC
The project was for the issuance of tax-exempt bonds to finance equipment
purchases for a manufacturer of compact discs. Total project costs were estimated
to be $4 million. At the time of the application in 1998, the applicant indicated that
there were no existing jobs and estimated the project would create 50 jobs.
In 1998, the IDA issued $2.6 million in Industrial Revenue Bonds to finance the
project. In addition to the tax exempt benefit of the bonds, the IDA reported that
the project received sales tax exemptions of $30,000. Although the project was
only for equipment and did not include real property, the IDA also reported real
property tax exemptions of $580,819 and reported that the project owner made
payments in lieu of taxes (PILOTs) of $580,819, resulting in total net exemptions
of $30,000. However, during our review IDA officials stated that the reported
information was inaccurate since the project did not receive sales tax exemptions
or real property tax exemptions.
The applicants project facility was originally developed with IDA assistance under
a separate project, approved in 1997, for bond financing in the amount of $4.2
million. The IDA reported that this project received sales tax, mortgage recording
tax and real property tax exemptions totaling $904,199 and made PILOTs of
$460,576, for total net exemptions of $443,623. The IDA reported that this project
had 73 full time equivalent positions existing before IDA assistance and was
expected to create 27 jobs. For 2006, the last year reported by the IDA, the IDA
reported that this project had a total of 22 full time equivalent positions. Combined,
the project to purchase and renovate the facility and the project to expand the
companys product line had 73 full time equivalent positions before IDA assistance
and were expected to create an additional 77 jobs. At the completion of the product
expansion project in 2011, the project owner reported employment of 96 full time
employees.
At the time of our review in 2017, the project is still operating under the same
ownership. The property is listed on the tax rolls with an assessed value of
B-15
$1,549,980; of which $356,760 is exempt from taxes under the New York Citys
Industrial and Commercial Incentive Program.
New York City Industrial Development Agency - Related Retail Hub, LLC
The project was for the redevelopment of an urban renewal site for retail and office
space. The applicant purchased the property from the City of New York in 2001 to
construct a retail and office building and renovate an existing parking garage. The
applicant planned to develop the property and sublease space to various retailers,
as well as lease office space to the City of New York Department of Finance. The
total project costs were estimated to be $50.4 million. The applicant did not indicate
the number of jobs expected to be created as a result of the project in the
application, but later provided the IDA with agreements with its retailers indicating
that 59 full time, 115 part time, and 13 contract employees were to be created by
the project. However, the IDA reported that 208 jobs were expected to be created
as a result of the project.
The IDA reported that the project received sales tax, mortgage recording tax and
real property tax exemptions totaling $2,290,230 and made payments in lieu of
taxes (PILOTs) of $278,354, for total net exemptions of $2,011,876. However,
during our review IDA staff stated that the real property and PILOT information
reported by the IDA for this project was inaccurate. They stated that the project
received exemptions totaling $1,977,112 and made PILOTs of $110,525, resulting
in total net exemptions of $1,866,587.
The project was completed in July 2010. At that time, the project owner reported
140 full time, 173 part time, and 21 contract employees existed at the various retail
businesses. The IDA reported 247 full time equivalent employees for the project.
At the time of our review in 2017, the building and parking garage continues to be
owned and managed by the project owner. According to the project owners
website, there are currently eight tenants at the location, including the City of New
York. The property is listed on the tax rolls with an assessed value of $11,963,700;
but $9,223,650 is tax exempt under the Citys Industrial and Commercial Incentive
Program.
B-16
while the bonds were to be paid in 20 years. However, in 2006 the project owner
borrowed funds from other sources to pay off the IDA bonds.
In 2009 as the original project was ending, the project owner requested additional
financial assistance from the IDA to expand the aquarium and construct a hotel
and conference center/banquet hall. The project costs were $24.3 million. The
project owner also received a $2.4 million Restore NY grant to finance this
expansion. The project remains active, and through 2016 the IDA reported the
project has received sales tax and real property tax exemptions totaling
$5,656,043 and paid $618,040 in PILOTs, for total net exemptions of
$5,038,003. However, following our review IDA officials stated that they did not
report the projects mortgage recording tax exemptions and therefore the total
exemptions were $5,829,293, and net exemptions through 2016 total $5,211,253.
In addition, rather than enter a new PILOT agreement for the expansion, the IDA
simply extended the 1998 PILOT agreement for an additional ten years, expiring
in 2021. As a result, the original property continues to be exempt from property
taxes, in addition to the expanded aquarium, hotel and conference center.
At the time of the application in 1998, the applicant indicated that there were no
existing employees and the project was expected to create 44 full time equivalent
jobs. When the project owner applied for additional assistance for the expansion
in 2009, the owner reported that 72 full time equivalent jobs existed and the
expansion would create an additional 103 full time equivalent jobs. At the end of
2011 when the initial project was reported as completed, the project owner
reported that there were 244.5 full time employees, which appears to combine the
jobs for the original project and the expansion. However, the IDA reported that
there were 220 full time equivalent positions for 2011. In September 2015, when
the project owner applied for assistance for the hotel and restaurant project, the
owner indicated that 218 jobs existed at the aquarium, hotel and banquet hall, and
that an additional 26 jobs would be created for the hotel and restaurant. As of
December 31, 2016, the project owner reported having 197 full time equivalent
jobs for the aquarium, hotel and banquet hall, and no jobs for the hotel and banquet
hall since the project was still in the construction phase.
B-17
At the time of our review in 2017 the aquarium continues to operate under the
same ownership. The property has a taxable value of $5,339,800, but is currently
tax-exempt and expected to remain so through 2031.
The project was for a local developer to construct a 58,000 square foot
manufacturing and warehouse facility in the Town of Halfmoon Light Industrial
Park. The developer would then lease the facility to a company that manufactures
trade show kiosks and exhibits. The company was looking to relocate and expand
its business from a 40,000 square foot facility that it was leasing in another location
in the County. At the time of the application in 2002, the developer indicated the
company had 28 full time jobs and 1 part time job and that the company was
expected to create an additional 10 full time jobs by the end of the third year in the
new location.
The IDA reported that the project received sales tax, mortgage recording tax and
property tax exemptions totaling $507,770 and made payments in lieu of taxes
(PILOTs) of $61,612, for total net exemptions of $446,158.
At the end of 2011 when the project was completed, the developer reported that
the company had 44 full time employees.
Following the completion of the original project, the IDA provided the developer
with additional financial assistance in 2012 to expand the existing facility by an
additional 13,200 square feet and allow the company to expand its operations. At
the time of the application, the developer indicated the company had 43 full time
jobs and 1 part time job and that the company was expected to create an additional
13 full time jobs by the end of the third year. This project is currently active and
expected to be completed in 2019. For 2013 through 2016 the IDA reported that
this project has received sales tax, mortgage recording tax and property tax
exemptions totaling $311,973 and made PILOTs of $239,371, for total net
exemptions of $72,602. For 2016, the project owner reported 51 full time
employees for the company.
At the time of our review in 2017, the company continues to operate and lease the
property from the developer. The property is listed on the tax rolls with a taxable
value of $2,970,900 but is owned by the IDA and as such is wholly exempt from
taxes.
B-18
Yates County Industrial Development Agency - New Beginnings
According to IDA officials, only one house was constructed and had yet to be sold
at the time the project was completed. The IDA reported that the project received
sales tax and real property tax exemptions totaling $8,011 and made payments in
lieu of taxes (PILOTs) of $2,069, for a total net exemption of $5,942.
Although the project was still active in 2012, the IDA reported the project as
completed in 2011. At that time the project owner reported two employees, while
the IDA only reported one full time equivalent employee.
At the time of our review in 2017, the development company established by the
project owner was no longer operating, but the project owner continues to operate
the construction company. The four parcels included in the project are currently
listed on the tax rolls as taxable with a combined assessed value of $214,800, all
of which are owned by the project owner. The completed house is listed on the tax
roll as a single-family residence and appears to be the primary residence of the
project owner and the other parcels are listed as vacant residential lots.
B-19