2014-04-28 reg Part 2 - Laserfiche WebLink

Home Browse Search

presentation. He stated that his desire, along with his colleagues, is that there will be adequate protections contained within the agreement. If this is not an area of Ms. Forster’s expertise his hope is that she would feel comfortable enough to seek outside advice from co-counsel, because he would really hate to see the City be left in an exposed position if in fact the trolley is not a successful venture. CITIZEN COMMENTS Tom Sullivan, 751 Syracuse Mr. Sullivan stated that he still has questions as to how the Conditional Use Permit could be approved for the Loop Trolley Company, and by what right the Loop Trolley Company can hold the permit. He stated that last year he was told in writing by the attorney for the Loop Trolley Transportation Development District that it had no contract with the Loop Trolley Company. The same thing was stated at the U.S. District Court in recent court filings. Mr. Sullivan stated that Chris Poehler is managing the Loop Trolley Project and his business card says that he works for the Loop Trolley Company. However the Loop Trolley TDD attorney said that he works for the Loop Trolley TDD and not the Loop Trolley Company. He stated that Mr. Poehler had also said the same thing at a City Council meeting last month. Mr. Sullivan stated that a March 5, 2014 letter from the Loop Trolley was sent to Andrea Riganti, Director of Community Development, and it reads in full, “Please accept this letter as authorization by the Loop Trolley Company to allow the Loop Trolley Transportation Development District to seek an extension of the Conditional Use Permit issued for the Loop Trolley Project”. He stated that the letter was signed by Les Sterman, and his title was given as Vice President, but Vice President of what. Mr. Sullivan then asked the following questions; how does the City know that Les Sternman can make such an authorization, and which organization is he with. He stated that at this point, the only legal entity that can obtain a C.U.P. or an extension for the Loop Trolley Project would be the Loop Trolley TDD, but it has not done so and there is nothing to indicate that it has designated anyone else as its representative or agent. So it is still not clear that the C.U.P. or the extension was approved for a proper entity and this all needs to be clarified. Joe Edwards, 6504 Delmar Mr. Edwards stated that in March they received a letter from the Federal Transit Administration authorizing them to move forward with the project. He stated that as was mentioned earlier today the Federal Court dismissed all five counts of the Federal lawsuit, and while he is seeking a six month extension he will respect whatever Council decides to vote on. Mr. Edwards stated that if the trolley fails there will be monies, and the Transportation Development District will be totally responsible for restoring streets that were used for this purpose. He stated currently over $700,000 a year is coming in, so at this point in time that portion of the agreement will be very easy to do. Mr. Edwards stated that the Trolley Company and the Trolley TDD are two totally separate organizations, although Conditional Use Permits are easily transferable and would apply in this case. He stated that a lot of times people hire an attorney or an engineer to make this type of a request for them, and that is the case with the request from Mr. Sterman. Mr. Edwards stated that as the ruling from the Federal Court proves the District has followed the law every step of the way and would like to just keep moving forward to construct this project which will be the first of its kind in the region. COUNCIL COMMENTS Ms. Carr stated that for her own comfort and satisfaction she would like to get the answers to several questions within the next four weeks. (1). Since it looks like the TDD will be the operating entity and the Mayor sits on their Board, does that mean that the City will be tied to any issues that may occur with respect to safety. (2). Can the City indemnify themselves against itself. Mayor Welsch stated that she would ask Mr. Walker to have the City Attorney clarify that is a separate taxing district, and a totally separate organization which is in no way connected, and the Mayor’s participation is only as a member of that Board.