Lawyers representing COMIDA took the first steps toward legal action against the developer of the Medley Center Friday morning.
This marks the end of a payment-in-lieu-of-taxes—or pilot—agreement between the County of Monroe Industrial Development Agency and Bersin Properties.
Earlier this year, the developer was given until May 1st, to pay the more than 3.8 million dollars it owes taxing entities, including Monroe County, the town of Irondequoit, and the East Irondequoit Central School District.
Bersin Properties made a partial payment to COMIDA Thursday. Monroe County Executive Maggie Brooks says it wasn’t enough.
"Obviously, the payment yesterday represents about 10% of what's owed. That equates to being in default on the PILOT agreement. That was the requirement: that he become current on all monies owed under the PILOT agreement. That did not occur," said Brooks. "He is in default and it's now in the hands of lawyers."
"Unfortunately, given the parties' disparate views, judicial intervention does appear to be inevitable. Nonetheless, we believe the lawsuit threatened by the taxing jurisdictions not only will fail to produce the results they desire, but it is not legally supportable." - Scott Congel, Managing Partner of Bersin Properties, LLC
In a certified letter lawyers (viewable at the end of this post) sent to Bersin Properties and developer Scott Congel, COMIDA sites numerous violations to the initial agreement, including failure to properly insure the site and failure to maintain the required number of full-time jobs.
Scott Congel responded in a statement that judicial intervention appears inevitable, but continued by saying he believes any lawsuit brought by the taxing jurisdictions will fail.