NOTICE OF PUBLIC HEARING ON PROPOSED PROJECT AND FINANCIAL ASSISTANCE RELATING THERETO
Notice is hereby given that a public hearing pursuant to Section 859-a (2) of the General Municipal Law of the State of New York (the “Act”) will be held by County of Chautauqua Industrial Development Agency (the “Agency”) on the 22nd day of November, 2017 at 10:00 a.m., local time, at 201 West 3rd Street, 2nd floor Board Room in the City of Jamestown, Chautauqua County, New York in connection with the following matters:
Lutheran Housing Administrative Services Group, Inc. d/b/a Lutheran Senior Housing, a New York not-for-profit corporation (the “Company”), has presented an application (the “Application”) to the Agency, a copy of which Application is on file at the office of the Agency, requesting that the Agency consider undertaking a project (the “Project”) for the benefit of the Company, said Project consisting of the following: (A)(1) the acquisition of an interest in multiple parcels of land located on Falconer Street (tax map numbers: 371.09-1-12, 371.09-1-11, 371.09-1-10 and 371.09-1-9) and Aldren Avenue (tax map numbers: 371.09-1-8, 371.09-1-13 and 371.09-1-2) in the City of Jamestown, Chautauqua County, New York (collectively, the “Land”), together with existing buildings located therein (collectively, the “Existing Facility”), (2) the demolition of a portion of the Existing Facility, the renovation of the remainder of the Existing Facility and the construction of an approximately 18,600 square foot building on the Land (the “New Facility” and collectively with the Existing Facility, as renovated and demolished, the “Facility”), (3) the making of other improvements therein, including, but not limited to, landscaping, parking and upgrades to technology systems, (collectively, the “Improvements”) and (4) the acquisition and installation thereon and therein of certain related furniture, fixtures, machinery and equipment (collectively, the “Equipment”) (the Land, the Facility and the Equipment hereinafter collectively referred to as the “Project Facility”), all of the foregoing to constitute an affordable/assistive senior living facility; (B) the granting of certain “financial assistance” (within the meaning of Section 854(14) of the Act) with respect to the foregoing, including potential exemptions from certain real property taxes, real estate transfer taxes and mortgage recording taxes (collectively, the “Financial Assistance”); and (C) the lease (with an obligation to purchase) or sale of the Project Facility to the Company or such other person as may be designated by the Company and agreed upon by the Agency.
The Agency is considering whether (A) to undertake the Project, and (B) to provide certain exemptions from taxation with respect to the Project, including (1) exemption from mortgage recording taxes with respect to any documents, if any, recorded by the Agency with respect to the Project in the office of the County Clerk of Chautauqua County, New York or elsewhere, (2) exemption from deed transfer taxes on any real estate transfers, if any, with respect to the Project, and (3) in the event that the Project Facility would be subject to real property taxation if owned by the Company but shall be deemed exempt from real property taxation due to the involvement of the Agency therewith, exemption from real property taxes (but not including special assessments and special ad valorem levies), if any, with respect to the Project Facility, subject to the obligation of the Company to make payments in lieu of taxes, if any, with respect to the Project Facility. If any portion of the Financial Assistance to be granted by the Agency with respect to the Project is not consistent with the Agency’s uniform tax exemption policy, the Agency will follow the procedures for deviation from such policy set forth in Section 874(4) of the Act prior to granting such portion of the Financial Assistance.
If the Agency determines to proceed with the Project, the Project Facility will be acquired, constructed, reconstructed and installed by the Agency and will be leased (with an obligation to purchase) or sold by the Agency to the Company or its designee pursuant to a project agreement (the “Agreement”) requiring that the Company or its designee make certain payments to the Agency.
Pursuant to Article 8 of the Environmental Conservation Law, Chapter 43-B of the Consolidated Laws of New York, as amended (the “SEQR Act”) and the regulations (the “Regulations”) adopted pursuant thereto by the Department of Environmental Conservation of the State of New York (collectively with the SEQR Act, “SEQRA”), by resolution adopted by the members of the Agency on October 26, 2017 (the “SEQR Resolution”), the Agency determined (A) to conduct an uncoordinated review of the Project and (B) that the Project is an “Unlisted action” which will not have a significant effect on the environment and, therefore, that an environmental impact statement is not required to be prepared with respect to the Project, and (C) as a consequence of the foregoing, to prepare a negative declaration with respect to the Project.
The Agency will at said time and place hear all persons with views on either the location and nature of the proposed Project, or the Financial Assistance being contemplated by the Agency in connection with the proposed Project. A copy of the Application filed by the Company with the Agency with respect to the Project, including an analysis of the costs and benefits of the Project, is available for public inspection during business hours at the offices of the Agency. A transcript or summary report of the hearing will be made available to the members of the Agency.
Additional information can be obtained from, and written comments may be addressed to: Kevin M. Sanvidge, Administrative Director/Chief Executive Officer, County of Chautauqua Industrial Development Agency, 201 W. Third Street, Suite 115, Jamestown, New York 14701-6902; Telephone: (716) 661-8900.
Dated: November 6, 2017
COUNTY OF CHAUTAUQUA INDUSTRIAL DEVELOPMENT AGENCY
BY: Richard E. Dixon
Chief Financial Officer