
In answer to a Freedom of Information Act request to the New York office of the U.S. Department of Housing and Urban Development made December 21, 2010 and answered February 3, 2011 asking for “Correspondence including emails, faxes, letters, or notes from phone calls with any elected officials, their staff or representatives regarding the Kingston Newburgh Enterprise Corporation (“KNEC.”) from January 2010 to the present.” An update regarding HUD is scheduled for the City Council work session Thursday evening, February 10, 2011.
* * * * * * * * * * KNEC FUNDING ELIGIBILITY * * * * * * * * * *
From: Lynch, Edward
Sent: Sunday, December 12, 2010 6:48 PM
To: Hom, Vincent
Subject: KNEC FUNDING ELIGIBILITY
Vince,
I know that various individuals from Newburgh have been trying to get through to you to get a written clarification of eligibility of using KNEC funds for the hiring and training center proposed by Community Voices Heard and others. For your information, I am attaching an analysis done by our Corporation Counsel (you met Bernis during your visit). The City Manager recently forwarded that analysis to the City council. In part her analsyis came from an earlier invetigation done by the Comptroller….Christine Mitchell. However I believe your office should arrive at its own independent conclusion based on your own analysis.
I have spoken with the director of the Orange County One Stop training and employment center located in Newburgh, in close proximity to City Hall. I can give you his name and number if you want to speak to him. He told me that he does not support the creation of another competing center. His counterpart in Westchester County also told me and Professor John Nolan of Pace University that he thought a second center would be problematic and dissipate resources. But Community Voices Heard has its own agenda and interest in a new Hiring and Training Center. A letter of clarification from you as to the eligibility of KNEC funds for this purpose would be appreciated. Thanks
From: Herbek, Richard
Sent: Sun 12/12/2010 2:58 PM
To: Lynch, Edward; Nelson, Bernis; Hadley, Dwight; Kain, Courtney; City Council
Cc: Evans, Elizabeth; Kelson, Michelle
Subject: RE: KNEC FUNDING ELIGIBILITY
All, I am sharing this analysis with the City Council.
Rick
From: Lynch, Edward
Sent: Thu 12/9/2010 2:56 PM
To: Nelson, Bernis; Herbek, Richard; Hadley, Dwight; Kain, Courtney
Cc: Evans, Elizabeth; Kelson, Michelle
Subject: RE: KNEC FUNDING ELIGIBILITY
Has this been shared with City Council? This is a good analysis.
Edward Lynch, AICP
Director of Planning and Development
City of Newburgh
83 Broadway
Newburgh, New York 12550
Tel: 845 569-9400 Ext. 202
Fax: 845 569-9700
E-mail:
From: Nelson, Bernis
Sent: Thursday, December 09, 2010 2:28 PM
To: Herbek, Richard; Hadley, Dwight; Lynch, Edward; Kain, Courtney
Cc: Evans, Elizabeth; Kelson, Michelle
Subject: KNEC FUNDING ELIGIBILITY
Rick, Dwight, Ed, and Courtney,
Copied below is my e-mail of June 22nd analyzing the KNEC funds. As stated therein, I would recommend that absent HUD written determination that KNEC funds can be used for other purposes such as a job training center, that use of these funds be restricted to creation of a revolving loan program, with new loans to be underwritten only in accordance with the original KNEC purposes of job creation, job retention, and small business development in the City, and that repayment on such loans be secured by mortgage instruments with adequate overall loan to value ratio.
Bernis
From: Nelson, Bernis
Sent: Tuesday, June 22, 2010 8:35 PM
To: Mitchell, Christine; Kain, Courtney
Cc: Herbek, Richard; Hadley, Dwight
Subject: Kingston-Newburgh Enterprise Corporation (KNEC) Funds
Christine and Courtney,
I have reviewed the pertinent files from the Departments of Finance and Law and the New York State Department of State Division of Corporations website, and find as follows regarding the loan repayment funds remaining with the City and the City of Newburgh Industrial Development Agency (IDA) from the Kingston-Newburgh Enterprise Corporation (KNEC):
1. The Division of Corporations website states that KNEC was incorporated as a not-for-profit local development corporation on March 24, 1995 and that it is still active.
2. Note 1 of the 1997 Financial Statements for KNEC stated that it was formed to “…plan, promote and coordinate programs in the cities of Kingston, New York and Newburgh, New York directed towards promoting additional employment, industrial development, relief of the poor and lessening the burdens of government.” We do not have a copy of the certificate of incorporation for KNEC, but we can assume this language was drawn from such certificate.
3. Note 1 of the 1997 Financial Statements also stated that KNEC received 501(c)(3) tax exempt status from the IRS.
4. Note 2 of the 1997 Financial Statements stated that “(t)emporarily restricted net assets are available for the one stop capital shop program. This program is for the development of small business enterprises, providing entrepreneurial training, counseling and financing guidance to the enterprise zone. The amount available is an advance received from Federal and State agencies to establish the program. The program began in January, 1998. Permanently restricted net assets consist of a revolving loan program. Recipients must show a reasonable benefit in the form of job creation or retention for residents of the enterprise zone. The Board awards the loan based primarily on the intended use of funds, as well as the ability to payback. The Corporation receives the funding for these loans through Federal and State agencies. The interest and principal from existing loans are used to provide future awarded loans.” (emphases supplied)
5. Resolution No. 195-2001 stated that “…repayment funds shall be dedicated to support activities consistent with KNEC’s mission to promote small business development for Enterprise Community (EC) Zone businesses or commercial enterprises or activities that benefit EC Zone residents, through a revolving loan program…and…the loan funds utilized by KNEC originated from a grant from Social Security Block Grant funds and New York State Empire Development Corporation….” (emphasis supplied)
6. Resolution No. 106-2003 stated that on March 12, 2001, KNEC “…transfer(red) to the City of Newburgh certain loan accounts…”. Such Resolution directed the City Manager and City Comptroller “…to take possession of all documentation of said loans, and custody of all such funds and records that all repayments of said loans shall hereafter be directed to the City of Newburgh…”; and such Resolution further authorized the City Manager and Corporation Counsel to “…negotiate an agreement to administer a new revolving loan fund program subject to the final approval of any such agreement by the Council.” (emphasis supplied)
7. Resolution No. 52-2009 referenced the authorization for establishment of a revolving loan fund in Resolution No. 106-2003, and authorized a transfer of $300,000 of “…KNEC funds to the City IDA (City of Newburgh Industrial Development Agency) to be loaned to LNA (Leyland Newburgh Associates, LLC) exclusively for the purposes of said Project (the East Parmenter Street Project). Neither the resulting agreement between the City and IDA for transfer of such $300,000 to the IDA nor the mortgage instrument between the IDA and LNA contain any provisions for repayment of such funds to the City on the IDA’s receipt of loan repayments from LNA.
In view of the foregoing, I would recommend as follows:
a) The City, by resolution, adopt rules and regulations for the establishment of a City revolving loan program using the remaining balances in the KNEC accounts together with any other loan repayments still due to KNEC. Such rules and regulations should include language that new loans shall be underwritten only in accordance with the original KNEC purposes of job creation, job retention, and small business development in the City, and that repayment on such loans shall be secured by mortgage instruments with adequate overall loan to value ratio; and.
b) The IDA, by resolution and recorded assignment of mortgage, assign the $300,000 Note and Mortgage from LNA back to the City, with all repayments on such loan to be deposited back into the afore-mentioned City revolving loan program.
As in Opinion of the State Comptroller, 1987 No. 87-9, where the State Comptroller held that “…UDAG monies retain their identity as federal money…,” even after they have been loaned out to private parties, the City revolving loan program would not violate the unconstitutional loan provisions set forth in Article VIII, Section 1 of the New York Constitution, because the original purposes under which KNEC received its grants from the Federal and State governments, for job creation, job retention, and small business development in the City, will be carried forward under the purposes of the City revolving loan program
Bernis
* * * * * * * * * * NEWBURGH VISIT * * * * * * * * * *
From: Lynch, Edward
Sent: Monday, December 13, 2010 12:50 PM
To: Hom, Vincent; Kain, Courtney
Cc: Velez, Lucille; Andreo, Nicholas J
Subject: RE: Newburgh Visit
Thanks Vince:
I see Latasha N. Abney’s comment. I assume that “asset” is capital as well as real estate when talking about the KNEC . Correct?
Edward Lynch, AICP
Director of Planning and Development
City of Newburgh
83 Broadway
Newburgh, New York 12550
Tel: 845 569-9400 Ext. 202
Fax: 845 569-9700
E-mail:
From: Hom, Vincent
Sent: Monday, December 13, 2010 12:36 PM
To: Lynch, Edward; Kain, Courtney
Cc: Velez, Lucille; Andreo, Nicholas J
Subject: Newburgh Visit
Importance: High
Courtney & Ed,
My apologies for being so tardy in providing follow up on our meeting at the end of October.
I appreciated your candor and the time invested to try to address the issues outstanding and to move forward.
Below is a list of issues we covered and our conclusions or additional comments based on the meeting.
Please take a look and get back to us with requested items, comments, or other information.
I will follow up with a call a little bit later today.
Vincent Hom
Director
Community Planning and Development
212.542.7428
Regarding the use of KNEC assets and funds – I obtained this ruling from
Latasha N. Abney
Social Services Program Specialist
Division of State Assistance
Office of Community Services
Administration for Children and Families
Tel: (202) 401-5324
Fax: (202) 401-5718
Email:
DISPOSITION OF ASSETS FINANCED WITH GRANT FUNDS:
State grantee agencies are encouraged, to the extent allowed by State law and procedure, to enable the EZ/EC or CS lead entities to continue using any asset, including real property, that is acquired with the OCS EZ/EC SSBG grants and that it owns as of December 31, 2009, for the purposes consistent with the authorizing legislation.
It is anticipated that any asset, including real property that was financed in whole or in part with OCS EZ/EC SSBG funds but is owned by an organization other than the local EZ/EC or CS lead entity as of December 31, 2009, will remain the property of that organization and will remain available for purposes consistent with the authorizing legislation.
On the OIG Audit reports:
We resolved that we would likely never get sufficient documentation to support the eligibility of the questioned costs, and decided to pursue a different tack. Identifying City-funded projects that could be accepted as CDBG eligible projects in payment for ineligible costs. We are confirming with OIG if this is acceptable to address these issues, and the City was identifying potential City funded projects that might qualify towards this “payment” alternative.
The City was also exploring additional uses to render the acquired property on Liberty Street an eligible CDBG expenditure,
On Section 108 Loan Guarantee:
We determined that the City only had to reserve a net amount sufficient to cover remaining payments on the Waterfront project, and could use the remainder for other eligible purposes provided it received authorization from HUD. These uses could include prepayment of the Crystal Lake Section 108 notes, so that the City could achieve an interest expense savings. Please transmit a formal request to HUD to prepay 100% (or less of the outstanding notes on that project, from excess waterfront litigation settlement proceeds) and we will forward for further action.)
On vacant lot abatement program
We confirmed that the project could be considered an eligible activity in a number of different ways, depending on ownership of the property.
On Section 3 Requirements
See the Department’s Section 3 resource page.
http://www.hud.gov/offices/fheo/section3/section3.cfm
Also attached are pdfs describing reporting requirements and contact persons in Washington DC. Locally, Douglas Feeley is the Section 3 point of contact. Mr. Feeley can be reached at ( 212 ) 542-7561. Mr. Feeley advises that HUD records show no online reporting of Section 3 for 2009. If the report was submitted in hardcopy, it may not be reflected in HUD’s records.
On Technical Assistance and other Matters:
1) Attached is the guidance from the IDIS Online. Chapter 6 discusses Program Income and Revolving Loan Funds. It is a big manual, so please ask questions…..
2) HOME Eligibility – PJs and HOME consortiums receiving direct HOME funding are not disqualified from having HOME projects funded through the State HOME program within their geographic territory. Application for State HOME funding would be through NY State’s Housing Trust Fund Corporation, Unified Funding Round. The 2011 competition recently opened….attached is their solicitation.
3) We contacted you regarding submission of aggregated information on MBE/WBE for CDBG programs, and will confirm your status and be back in touch as needed.
* * * * * * * * * * NEWBURGH VISIT1 * * * * * * * * * *
From: Mejia, Karen
Sent: Wednesday, December 15, 2010 3:19 PM
To: Hom, Vincent
Subject: RE: Newburgh Visit
Many thanks for sharing the information Vincent. If there is anything we can do to assist your efforts, please do not hesitate to contact me.
Best regards,
Karen
——————————————————————————
Karen Mejía | Deputy District Representative | Congressman Maurice D. Hinchey
16 James Street, City Hall, 3rd Floor, Middletown, NY 10940 | Tel: 845.344.3211 | Fax: 845.342.2070
Sign Up for Congressman Hinchey’s e-Newsletter!
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From: Hom, Vincent
Sent: Tuesday, December 14, 2010 1:54 PM
To: Mejia, Karen
Subject: Fw: Newburgh Visit
Importance:High
From: Hom, Vincent
Sent: Tuesday, December 14, 2010 01:17 PM
To: ‘karen.mejias@mail.house.gov’
Subject: FW: Newburgh Visit
Karen,
This is the information and advice we provided to Newburgh following my call with you.
We need to get some follow through on our side regarding prepayment of the loan guarantee notes, and also confirmation on eligible uses of Enterprise Community assets, as well as some leads on financing the operations of an expanded employment/training center function they are trying to organize.
Vincent Hom
Director
Community Planning and Development
212.542.7428
From: Hom, Vincent
Sent: Monday, December 13, 2010 12:36 PM
To: ‘Lynch, Edward’; ‘Kain, Courtney’
Cc: Velez, Lucille; Andreo, Nicholas J
Subject: Newburgh Visit
Importance: High
Courtney & Ed,
My apologies for being so tardy in providing follow up on our meeting at the end of October.
I appreciated your candor and the time invested to try to address the issues outstanding and to move forward.
Below is a list of issues we covered and our conclusions or additional comments based on the meeting.
Please take a look and get back to us with requested items, comments, or other information.
I will follow up with a call a little bit later today.
Vincent Hom
Director
Community Planning and Development
212.542.7428
Regarding the use of KNEC assets and funds – I obtained this ruling from
Latasha N. Abney
Social Services Program Specialist
Division of State Assistance
Office of Community Services
Administration for Children and Families
Tel: (202) 401-5324
Fax: (202) 401-5718
Email:
DISPOSITION OF ASSETS FINANCED WITH GRANT FUNDS:
State grantee agencies are encouraged, to the extent allowed by State law and procedure, to enable the EZ/EC or CS lead entities to continue using any asset, including real property, that is acquired with the OCS EZ/EC SSBG grants and that it owns as of December 31, 2009, for the purposes consistent with the authorizing legislation.
It is anticipated that any asset, including real property that was financed in whole or in part with OCS EZ/EC SSBG funds but is owned by an organization other than the local EZ/EC or CS lead entity as of December 31, 2009, will remain the property of that organization and will remain available for purposes consistent with the authorizing legislation.
On the OIG Audit reports:
We resolved that we would likely never get sufficient documentation to support the eligibility of the questioned costs, and decided to pursue a different tack. Identifying City-funded projects that could be accepted as CDBG eligible projects in payment for ineligible costs. We are confirming with OIG if this is acceptable to address these issues, and the City was identifying potential City funded projects that might qualify towards this “payment” alternative.
The City was also exploring additional uses to render the acquired property on Liberty Street an eligible CDBG expenditure,
On Section 108 Loan Guarantee:
We determined that the City only had to reserve a net amount sufficient to cover remaining payments on the Waterfront project, and could use the remainder for other eligible purposes provided it received authorization from HUD. These uses could include prepayment of the Crystal Lake Section 108 notes, so that the City could achieve an interest expense savings. Please transmit a formal request to HUD to prepay 100% (or less of the outstanding notes on that project, from excess waterfront litigation settlement proceeds) and we will forward for further action.)
On vacant lot abatement program
We confirmed that the project could be considered an eligible activity in a number of different ways, depending on ownership of the property.
On Section 3 Requirements
See the Department’s Section 3 resource page.
http://www.hud.gov/offices/fheo/section3/section3.cfm
Also attached are pdfs describing reporting requirements and contact persons in Washington DC. Locally, Douglas Feeley is the Section 3 point of contact. Mr. Feeley can be reached at ( 212 ) 542-7561. Mr. Feeley advises that HUD records show no online reporting of Section 3 for 2009. If the report was submitted in hardcopy, it may not be reflected in HUD’s records.
On Technical Assistance and other Matters:
1) Attached is the guidance from the IDIS Online. Chapter 6 discusses Program Income and Revolving Loan Funds. It is a big manual, so please ask questions…..
2) HOME Eligibility – PJs and HOME consortiums receiving direct HOME funding are not disqualified from having HOME projects funded through the State HOME program within their geographic territory. Application for State HOME funding would be through NY State’s Housing Trust Fund Corporation, Unified Funding Round. The 2011 competition recently opened….attached is their solicitation.
3) We contacted you regarding submission of aggregated information on MBE/WBE for CDBG programs, and will confirm your status and be back in touch as needed.
* * * * * * * * * * Annual Audit as of 12/31/01 * * * * * * * * * *
From: Nelson, Bernis
Sent: Wednesday, January 12, 2011 2:48 PM
To: Lynch, Edward
Subject: KNEC Annual Audit As of 12/31/01
Attachments: 20110112133253703.pdf
—–Original Message—–
From: Nelson, Bernis
Sent: Wednesday, January 12, 2011 2:32 PM
To: Nelson, Bernis
Subject: KNEC Annual Audit As of 12/31/01
See Pages 6 and 10 regarding transfer of loan repayment funds and outstanding loans to cities of Newburgh and Kingston in 2001.
* * * * * * * * * * $300,000 to Leyland Newburgh Associates * * * * * * * * * *
From: Nelson, Bernis
Sent: Wednesday, January 12, 2011 2:52 PM
To: Lynch, Edward
Subject: KNEC Loan Repayment Fund – August 2009 Transfer of $300,000 by City of Newburgh to City of Newburgh IDA and IDA’s Loan of $300,000 to Leyland Newburgh Associates LLC
Attachments: 20110112144144691.pdf
—–Original Message—–
From: Nelson, Bernis
Sent: Wednesday, January 12, 2011 2:46 PM
To: Nelson, Bernis
Subject: KNEC Loan Repayment Fund – August 2009 Transfer of $300,000 by City of Newburgh to City of Newburgh IDA and IDA’s Loan of $300,000 to Leyland Newburgh Associates LLC
Enclosed are copies of Transfer Agreement between City and IDA and Note and Mortgage from Leyland Newburgh Associates LLC to IDA.
* * * * * * * * * * KNEC Loan Repayments as of 9/30/02 * * * * * * * * * *
From: Nelson, Bernis
Sent: Wednesday, January 12, 2011 2:51 PM
To: Lynch, Edward
Subject: KNEC Loan Repayments As Of 9/30/02
Attachments: 20110112133643304.pdf
—–Original Message—–
From: Nelson, Bernis
Sent: Wednesday, January 12, 2011 1:47 PM
To: Nelson, Bernis
Subject: KNEC Loan Repayments As Of 9/30/02