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Oneida Indian Nation builds employee housing to help combat worker shortage
VERONA, N.Y. — As the battle for talent continues, the Oneida Indian Nation has upped the ante for potential new employees with its new $15 million The Villages at Stoney Creek employee housing units. The units, which will open July 1, are for new full-time, hourly, non-management positions and will help the Oneida Indian Nation […]
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VERONA, N.Y. — As the battle for talent continues, the Oneida Indian Nation has upped the ante for potential new employees with its new $15 million The Villages at Stoney Creek employee housing units.
The units, which will open July 1, are for new full-time, hourly, non-management positions and will help the Oneida Indian Nation combat one of the biggest hurdles it has encountered in trying to recruit new employees, Joel Barkin, VP of communications, says.
“Housing is the number one issue for everyone,” he says.
The Oneida Indian Nation has targeted the Albany, Rochester, and even Buffalo areas as it works to recruit new employees, Barkin notes. “Not having dedicated housing is a real barrier to do that.” It also employs a large number of refugees at its various business enterprises, especially Turning Stone Resort Casino, and housing is often an issue for refugees as well, he adds.
The first two buildings open to tenants July 1 with the remaining three expected to open by September, Barkin notes. The Syracuse–based construction firm Hayner Hoyt Corporation served as general contractor for the project.
The Villages at Stoney Creek consists of 50 units, a mix of one-bedroom, two-bedroom, and three-bedroom units. Rather than go for taller buildings packed full of apartments, The Villages has a community feel with multiple smaller buildings with plenty of green space in between for tenants to enjoy. Amenities include in-unit laundry, reserved parking spaces, and a shuttle to Turning Stone.
Providing the shuttle helps remove another barrier for potential employees, giving them an easy way to get to work and back, Barkin notes. He expects most tenants will work at Turning Stone, where the resort is experiencing critical shortages in several areas including cooks, casino dealers, hotel operations, and custodial positions.
The Oneida Indian Nation subsidizes the apartments to keep the rent affordable with units going for $550 for a one-bedroom apartment, $650 for a two-bedroom, and $750 for a three-bedroom unit.
Building and subsidizing employee housing is a solution that not all businesses can undertake, Barkin notes. “Because the Nation is geographically tied to the area … it can make these decisions where it can build long-term infrastructure.”
Being able to offer housing to new employees, especially those from outside of the immediate area is a huge bonus, says Linda Aloisio, president of the Home Builders & Remodelers Association of the Mohawk Valley.
“That particular end of the market is an endangered species,” she notes of mid-priced units like those at The Villages at Stoney Creek. Such units are great for single people looking for an apartment they can afford on one salary, she explains.
The addition of the shuttle, as people are looking for ways to cut their commute amid high gas prices, is just icing on the cake. “To me, that would be a very big incentive to work for them,” she says.
As the largest employer in Oneida and Madison counties, with more than 4,000 employees currently and plans to reach 4,500 employees by year’s end, the Oneida Indian Nation expects The Villages at Stoney Creek to be just the first phase of employee-housing development.

Comptroller audit finds SUNY schools did not follow residency requirements
ALBANY, N.Y. — A recent survey found that seven State University of New York (SUNY) campuses, including ones in Binghamton and Syracuse, did not uphold in-state residency requirements so that only eligible students received the benefit of the lower in-state tuition, according to New York State Comptroller Thomas P. DiNapoli. SUNY is the nation’s largest
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ALBANY, N.Y. — A recent survey found that seven State University of New York (SUNY) campuses, including ones in Binghamton and Syracuse, did not uphold in-state residency requirements so that only eligible students received the benefit of the lower in-state tuition, according to New York State Comptroller Thomas P. DiNapoli.
SUNY is the nation’s largest public-education system with 375,000 students at 64 institutions. Undergraduate tuition for New York residents averages just under $7,100 for the 2021-2022 school year while tuition for resident graduate students averages $11,300. For out-of-state students, tuition averages nearly $17,000 for undergraduate students and $23,100 for graduate students.
“SUNY is enabling graduate students from out-of-state to take advantage of a tuition benefit that is supposed to be reserved for New Yorkers,” DiNapoli said in a statement. “SUNY’s medical schools and other graduate programs are highly competitive and represent an excellent value, regardless of residency status. SUNY administrators and staff need to ensure that tuition is charged correctly for both in-state and out-of-state students.”
The report found that seven SUNY campuses could not provide proper residency documentation to support the residency status of graduate student tuition assessments. Four campuses — Buffalo, Binghamton, Geneseo, and Environmental Science and Forestry (ESF) — accounted for 98 percent of the questionable assessments. In total, the SUNY schools could not provide documentation to support the residency status of 421 out of 1,207 students assessed, representing a potential undercharge of $1.34 million and a potential overcharge of $44,171.
Binghamton University, with a graduate enrollment of 31,145 students, could not support the residency status of 118 out of 265 students assessed, potentially undercharging for tuition by $347,021, per the comptroller’s office.
SUNY ESF in Syracuse, with 3,578 graduate students, could not support the residency status of 103 out of 264 students assessed. ESF potentially undercharged tuition by $276,099.
In 57 percent of cases, the only documentation the schools had were graduate applications, where students self-report their residency information. Three of the seven campuses — SUNY Downstate, Empire State College, and Plattsburgh — did not maintain any documentation for the students assessed for the survey.
In about a quarter of the assessments, documentation provided was inadequate to support state-residency status for a variety of reasons including using unofficial or incomplete high-school transcripts with graduate applications or using only a single document rather than the required three to prove residency.
DiNapoli recommended to SUNY administration that it provide guidance and support to campus officials to interpret and implement the residency policy to ensure correct tuition charges and that campuses maintain all residency documents for at least six years after the student leaves the campus.
SUNY response
“SUNY campuses are committed to providing the most accessible and affordable high-quality education — we are the largest comprehensive public higher education designed to do that, and we are continually identifying best practices to implement in support of our students,” Holly Liapis, SUNY press secretary, said in an emailed statement responding to the comptroller’s report. “As part of SUNY’s noble mission, campuses work to ensure every student knows every possible form of financial assistance eligible to them. While the Office of the New York State Comptroller’s review of some graduate programs does not identify any specific noncompliance, we will continue to provide oversights and make changes as needed.”
VIEWPOINT: Pandemic-Recovery Tips for Small Businesses Going Forward
As businesses and consumers adjust to the latest shifts related to the pandemic and the economy, we are all mindful the many changes we have experienced in the last several years and are asking ourselves and others, “What’s next?” For small businesses, the challenges have been relentless to say the least. With inflation, supply-chain issues, rising
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As businesses and consumers adjust to the latest shifts related to the pandemic and the economy, we are all mindful the many changes we have experienced in the last several years and are asking ourselves and others, “What’s next?”
For small businesses, the challenges have been relentless to say the least. With inflation, supply-chain issues, rising interest rates, and the potential for a recession ahead, it does not look like things are getting any easier. Here are a few tips for managing what lies ahead.
Pay attention to your liquidity and cash-on-hand
Depending on your specific business and the industry you are in, supply-chain issues could pose a major challenge — and it could be ongoing. International-shipping rates continue to go up, and recent spikes in COVID infections in certain areas coupled with subsequent lockdowns in China are just two issues that could impact your own supply chain. Many businesses are struggling to get the parts and supplies they need to stay operational and provide timely service to customers — if they can receive their needed parts or supplies at all.
Having sufficient liquidity enables you to adjust and find other suppliers if needed or at least “weather the storm” in the short term. Additionally, purchasing equivalents to remain in business may rest on payment ability, so having enough cash on hand at a level higher than pre-pandemic times is most likely be warranted.
Lines of credit are always helpful but could be a necessity now
Along a similar track, think carefully about lines of credit. If you have a line of credit, you might want to think about increasing it so that you have an additional working-capital cushion. Inflationary pressures seem not to be abating anytime soon and having enough in your line of credit might help you keep operating smoothly without disruption —either from your customers or suppliers.
Small businesses that do not have a line of credit should consider putting one in place. Having funds available for unanticipated expenses, repairs, or similar situations is important in this unsettled economic environment. The ability to draw on a line of credit could make a significant difference in the days to come.
Rising interest rates
If you have a variable-rate loan that can be converted to a fixed-rate product, it would be a good time to seek to lock in your rate now. The Federal Reserve kept interest rates at near zero throughout the pandemic. With inflation staying stubbornly high, the Fed is likely to continue increasing interest rates in an effort to cool things down. If possible, locking in a low rate now may save you a considerable amount of money in interest payments going forward.
If you are working with adjustable-rate loans that cannot be changed to fixed-rate, work with your business banker to develop a banking strategy that may help protect your bottom line. While it’s unlikely that we’ll return to the sky-high interest rates this country experienced in the early 1980s, a lot depends on how the economy responds to these modest interest-rate increases. Having a plan could make a big difference.
Employee retention
Don’t forget that your employees are feeling the pinch of this unsettled economy, too. And, with job openings plentiful, they have more options than ever. Understand the needs of your employees. You don’t want to lose employees for reasons that you can control and address — especially in this environment. That might mean pay raises, changes to benefits or greater flexibility. You might look at your balance sheet and think it’s impossible to increase salaries or offer more benefits. Keep the tight labor market in mind and be creative. Talk to your employees about what matters to them most.
Cybersecurity
The pandemic has increased remote-work situations and amplified a reliance on online banking. Combined with recent global political unrest including the war in Ukraine, cyber threats have increased significantly. Small businesses need a level of protection that they have probably never had before, and threats seem to be coming in many ways. If your employees have remote access to work systems on their home computers or mobile phones, something as seemingly innocuous as clicking on a certain link or video could unleash malware that compromises your network. Check in with your business banker and your business-insurance provider for help reviewing your cybersecurity-risk profile and what you might need to put in place to protect your business.
It’s premature to say that the pandemic is in the rearview mirror, and it’s hard to say what will come next. That can leave businesses feeling unmoored. It helps to be proactive, and one of the best things you can do right now is to map out plans that address multiple contingencies. Stay in touch with your bankers — they can help by offering expertise that will help your small business thrive.
Jonathan Spilka is a senior VP and business banking business development manager at NBT Bank. He is responsible for leading business banking production for a team of regional managers across New York state.
Report: Most CNY regions gained jobs in the last year
The Syracuse, Utica–Rome, Watertown–Fort Drum, Binghamton, and Elmira regions generated percentage increases in jobs ranging from 1.5 percent to 3 percent between April 2021 and this past April. At the same time, the Ithaca area lost jobs in the same period. That’s according to the latest monthly jobs report that the New York State Department of
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The Syracuse, Utica–Rome, Watertown–Fort Drum, Binghamton, and Elmira regions generated percentage increases in jobs ranging from 1.5 percent to 3 percent between April 2021 and this past April.
At the same time, the Ithaca area lost jobs in the same period. That’s according to the latest monthly jobs report that the New York State Department of Labor issued on May 19.
The Syracuse region gained 6,600 jobs in the past year, an increase of 2.2 percent. Elsewhere, the Utica–Rome metro area picked up 1,800 positions, up 1.5 percent; the Watertown–Fort Drum region added 1,100 jobs, a rise of 2.8 percent; the Binghamton area gained 1,500 jobs, an increase of 1.6 percent, and the Elmira area added 1,000 jobs in the past year, a gain of 3 percent.
Bucking the trend, the Ithaca region lost 1,100 jobs in the past 12 months, a decline of 1.8 percent. It was the only metro area in the state to shed jobs in that period, according to the state Department of Labor data.
New York state as a whole gained 449,300 jobs, an increase of 5 percent in the past year. The state economy added 25,900 jobs, a 0.3 percent rise, between March and April of this year, the state Labor Department said.
VIEWPOINT: Can “Business” Activities Ever Be Charitable? N.Y Thinks Not
As we previously summarized in a prior article (https://www.bsk.com/news-events-videos/irs-provides-long-awaited-formal-guidance-on-501-c-3-llcs), the IRS recently brought much-needed clarity for limited liability companies (LLCs) seeking to be recognized as tax-exempt under Internal Revenue Code Section 501(c)(3). (IRS Notice 2021-56). Given this new guidance, we expressed optimism for expanded use of 501(c)(3) LLCs, which can have significant advantages over nonprofit corporations
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As we previously summarized in a prior article (https://www.bsk.com/news-events-videos/irs-provides-long-awaited-formal-guidance-on-501-c-3-llcs), the IRS recently brought much-needed clarity for limited liability companies (LLCs) seeking to be recognized as tax-exempt under Internal Revenue Code Section 501(c)(3). (IRS Notice 2021-56). Given this new guidance, we expressed optimism for expanded use of 501(c)(3) LLCs, which can have significant advantages over nonprofit corporations in a variety of contexts. Unfortunately, however, where the IRS has provided a roadmap for tax exemption, New York has responded by closing off the roads.
On March 10, 2022, the New York State Attorney General [Letitia James] issued comments in response to the Notice 2021-56 (as requested by the IRS) advocating that “[w]here state law, as in New York, does not authorize creation of an LLC for charitable purposes, the IRS should refuse to authorize 501(c)(3) eligibility for LLCs domiciled in that jurisdiction.” This statement is based on the attorney general’s interpretation of Section 201 of the New York Limited Liability Company Law (governing formation of LLCs) which permits LLCs to be organized only for and to engage in “lawful business purposes.” In the attorney general’s view, this precludes formation for “charitable” purposes because Section 102(e) of that law defines business as “every trade, occupation, profession or commercial activity.”
In practice, we have seen immediate implementation of the attorney general’s view by the New York State Department of State, which now appears to be enforcing the “business purpose” requirement. For example, in response to our efforts to amend LLC articles of organization to comply with the notice, the Department of State has issued rejection letters stating the following: “please note that a limited liability company may only use business purposes” and “note that the charitable purposes are unacceptable.”
In our experience and from reviews of publicly available filings, the Department of State did not take this position in the past. Articles of organization have successfully been filed for many years with expressly charitable purposes, including direct references to Internal Revenue Code Section 501(c)(3) and similar language. As far back as 2007, the New York City Department of Taxation and Finance issued a letter ruling which required that the LLC that requested the ruling, apparently a New York LLC, meet the following requirement: that the “articles of organization and/or operating agreement of the LLC, as appropriate, must state there will be no pecuniary profit and the LLC will operate for not-for-profit purposes consistent with section 420-a” in order for property held by the LLC to be exempt from real property tax. This is consistent with the larger recognition under New York law that modern nonprofits can and do engage in “business” activities. Thus, for example, the Court of Appeals ruling in Consumers Union of U.S., Inc. v. New York recognizing that the so-called “business judgement rule,” with its origins in business corporations, which protects from judicial scrutiny judgments by boards about “business” decisions, also extends to the decisions of nonprofit corporate boards.
This leaves many existing “nonprofit” LLCs (with or without 501(c)(3) exemption, including disregarded entities relying on the exempt status of a 501(c)(3) sole member) with many questions about the wide-ranging impact of this change and with no realistic reorganization or reformation options in New York. These questions include, most fundamentally, what does this new interpretation mean for existing New York LLCs that have charitable purposes? Are they not validly existing under New York law, since they do not have “business” purposes, such that their activities will be viewed as being conducted directly by their members? Or is it only that their charitable/501(c)(3) purposes are void? Will the New York State Attorney General attempt to provide answers to these questions, or will the Department of State? Or will it be left to the courts? Will the IRS agree with New York’s view, or will it rely on its own capacity to interpret federal tax laws and reach a different conclusion?
One thing is certain: while the value and path to exemption for the 501(c)(3) LLC has never been clearer, you clearly can’t form one in New York.
Thomas W. Simcoe is a member and Delaney M. R. Knapp is an associate in the Albany office of Syracuse–based law firm Bond, Schoeneck & King PLLC. Contact Simcoe at tsimcoe@bsk.com, and contact Knapp at dknapp@bsk.com. This Viewpoint article is drawn and edited from Bond’s website.
OPINION: New York Headed in Wrong Direction and Legislature Fails to Address it
Public-opinion polls repeatedly show New Yorkers believe their state is headed in the wrong direction. After five months of legislative work and $220 billion in taxpayer money spent, that wrong direction hasn’t changed. The 2022 legislative session only served as a reminder that state government is as expensive and dysfunctional as it’s ever been. The
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Public-opinion polls repeatedly show New Yorkers believe their state is headed in the wrong direction. After five months of legislative work and $220 billion in taxpayer money spent, that wrong direction hasn’t changed. The 2022 legislative session only served as a reminder that state government is as expensive and dysfunctional as it’s ever been.
The Assembly completed its work with the State of New York still mired in crises on affordability, crime, and outmigration. The sad reality is, nothing we did this year even began to scratch the surface on addressing those issues.
New York lost a Congressional seat and more than 300,000 residents. Crime and violence have risen in our cities without any corrective action. Skyrocketing inflation has stressed household budgets like never before, and Democrats in Albany have failed to address it in any meaningful way.
Opportunities for real change were there, but those opportunities were wasted. On too many occasions, Democrats rushed to serve their own interests rather than the public’s. As legislators return to their districts, Assembly Republicans will continue to fight for common-sense policies that improve the quality of life of their constituents and put New York on a better path.
William (Will) A. Barclay, 53, Republican, is the New York Assembly minority leader and represents the 120th New York Assembly District, which encompasses most of Oswego County, including the cities of Oswego and Fulton, as well as the town of Lysander in Onondaga County and town of Ellisburg in Jefferson County. The Opinion article is drawn from a statement that Barclay issued on June 4.
OPINION: The Supreme Court’s Evolution
In the wake of the leaked draft opinion by Supreme Court Justice Samuel Alito overturning Roe v. Wade and holding that there is no constitutional right to an abortion, there has been a tidal wave of commentary on the Court’s politicization. Much of it recently has come from the left or from abortion-rights advocates, arguing that
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In the wake of the leaked draft opinion by Supreme Court Justice Samuel Alito overturning Roe v. Wade and holding that there is no constitutional right to an abortion, there has been a tidal wave of commentary on the Court’s politicization.
Much of it recently has come from the left or from abortion-rights advocates, arguing that the Supreme Court has fallen prey to the same partisanship and polarization that have marked American politics in recent decades.
It’s entirely possible that this alarm over the Court’s drift is simply a measure of the level of scrutiny on its decisions. Certainly, over the course of my career I have seen rising public interest in what the Supreme Court does and how it affects American social and political life as the justices have rendered controversial decisions that touch on the most intimate aspects of Americans’ lives — from contraception and abortion to gay marriage. They have also ruled on the workings of American politics in a divided age — I’m thinking particularly of the Citizens United decision and Bush v. Gore, though a series of redistricting decisions also come to mind.
At the same time, this is hardly the first time that the Court’s politicization has become a hot topic. It came up repeatedly during the hearings on President Donald Trump’s nominations of Amy Coney Barrett and, before her, Brett Kavanaugh, with their supporters on the right deploring the extent to which critics on the left were doing their best to undercut support for the nominees. It came up during George W. Bush’s administration, when the appointments of Alito and Chief Justice John Roberts created a bloc of four conservatives who voted consistently with one another, creating an obvious ideological divide on the Court. In fact, it’s come up repeatedly during our history — all the way back to 1801, when John Adams and the Federalists passed a law shrinking the Supreme Court from six members to five upon the next vacancy so as to keep Thomas Jefferson, who succeeded Adams, from getting the chance to name a new justice.
To be sure, it seems inarguable that the Supreme Court is more polarized than it was a few decades ago. This is, in the end, largely a reflection of the polarization of the U.S. Senate. In the past, presidents often sought to nominate justices who could command the broad center of that institution: people like John Paul Stevens, who was a liberal Republican, or Lewis Powell, a conservative Democrat. But those days are over, at least for now. When President Obama sought to nominate Merrick Garland — a judge who at that time enjoyed support on both sides of the aisle — Senate leader Mitch McConnell blocked the move in a bid to ensure a justice purely to Republicans’ liking. It was a gamble that culminated in President Trump’s success naming three reliably conservative justices.
I have never bought into the idea that the Supreme Court is above and beyond politics. Justices can’t help but have their political biases. I think that, at least in the past, they worked hard to put them aside, but doing so completely is an impossible task. They do not check their politics at the front door, although most justices do try to be impartial and to decide a case as the law requires — at least, as they see it.
In this day, can the Supreme Court regain some of the respect it has lost among Americans at large? A lot, I believe, will depend on the justices’ behavior. They have to be good listeners. They have to be prepared to learn from one another and to possess enough humility to recognize that they don’t have the answer to every question. The justices need to pay attention to experts in the field they’re considering. Obviously, they should have a deep respect, if not reverence, for the law and for precedence. They should pay attention to what the Congress says in its legislation and its legislative history. And, I would suggest, they need to balance the framers’ points of view with the experiences of the ordinary Americans whose lives will inevitably be affected by every decision they make.
Lee Hamilton, 91, is a senior advisor for the Indiana University (IU) Center on Representative Government, distinguished scholar at IU Hamilton Lugar School of Global and International Studies, and professor of practice at the IU O’Neill School of Public and Environmental Affairs. Hamilton, a Democrat, was a member of the U.S. House of Representatives for 34 years (1965-1999), representing a district in south-central Indiana.

ABC Creative recently welcomed DEVIN NEGRETE to its account management team. Negrete joins ABC with a strong background in public relations, journalism, and social-media marketing as well. The University of Central Missouri graduate started out as a broadcast journalist with stints in St. Joseph, Missouri; Savannah, Georgia; and Binghamton, as an anchor and reporter. A
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ABC Creative recently welcomed DEVIN NEGRETE to its account management team. Negrete joins ABC with a strong background in public relations, journalism, and social-media marketing as well. The University of Central Missouri graduate started out as a broadcast journalist with stints in St. Joseph, Missouri; Savannah, Georgia; and Binghamton, as an anchor and reporter. A digital-media production major in college, Negrete’s primary marketing experience revolves around social-media management, PR, and the organization and execution of numerous campaigns. She identifies most with and is excited to join the team of creatives at ABC. She’s an expert communicator who looks forward to taking on her account-management role at ABC, where she’ll handle day-to-day communications with clients as well as project management for several accounts.

Beardsley Architects + Engineers announced that NATHAN B. STULTZ has joined the firm as plumbing and mechanical designer in its Auburn office. He has 13 years of experience with the design of plumbing and fire-protection systems and has been responsible for developing designs for new construction, investigating on-site conditions, and reviewing existing documentation to create
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Beardsley Architects + Engineers announced that NATHAN B. STULTZ has joined the firm as plumbing and mechanical designer in its Auburn office. He has 13 years of experience with the design of plumbing and fire-protection systems and has been responsible for developing designs for new construction, investigating on-site conditions, and reviewing existing documentation to create virtual models of existing building systems. Stultz is highly proficient utilizing building information modeling (BIM) applications for the Revit software, having implemented Revit systems companywide and serving as a BIM and Revit resource for staff.
Erie Materials, a regional distributor of building materials in New York and Pennsylvania, has made several promotions and new hires. WAYNE CHAPMAN has been promoted to territory manager at the Syracuse branch. Chapman has been with Erie Materials for a total of 16 years, starting as a warehouse employee in 2004 then promoted to inside
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Erie Materials, a regional distributor of building materials in New York and Pennsylvania, has made several promotions and new hires.
WAYNE CHAPMAN has been promoted to territory manager at the Syracuse branch. Chapman has been with Erie Materials for a total of 16 years, starting as a warehouse employee in 2004 then promoted to inside sales in 2008. After a brief hiatus, he returned to work in the warehouse, general contracting department, and inside sales.
BLAINE DRAKE has been hired as an inside sales representative at the Syracuse branch. He has a broad range of experience in the retail building materials industry.
MICHAEL CADY was promoted to territory manager at the firm’s Binghamton branch. Cady has been with Erie Materials for nearly 22 years, starting as a driver in 2000. He was promoted to inside sales in 2002.
ANTHONY BARTON was promoted to inside sales representative at the Binghamton branch. He joined Erie Materials in 2018 as a driver.
TIMOTHY DENNIS has been promoted to inside sales at the Utica branch. He began his career with Erie Materials in 2011 as a driver.
DAN ZACHOLL was promoted to manager of the general contracting department, which is based in Syracuse. He is responsible for all day-to-day activities and personnel in the department. Zacholl has been with Erie Materials for 19 years, starting as a driver in Auburn in 1993. He was quickly promoted to inside sales at the Syracuse location. Zacholl moved out of state in 1997 then returned to Erie Materials in 2006 as an inside salesperson. In 2013, he joined the general contracting department as an estimator.
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