BOARD OF DIRECTORS MEETING
County of Chautauqua Industrial Development Agency
Via Zoom Video Conference
July 28, 2020
10:02 a.m.
Mike Metzger Chairman
Dennis J. Rak Vice Chairman
Gary Henry Secretary
Steven Thorpe Member
Mark Odell Member
Brad Walters Member
Hans Auer Member
Jay Churchill Member
Also in attendance:
Mark Geise Administrative Director/CEO
Richard E. Dixon Chief Financial Officer
Paul Wendel County Executive
Milan K. Tyler, Esq. Counsel
Greg Peterson Counsel
Michael Borrello Counsel
Joe Schafer Counsel
Matt Fitzgerald Counsel
Dale Carlson Portland Town Supervisor
Issac Phillips Analyst for ConnectGen
Derek Riemen VP of Development for ConnectGen
Linda Burns Business Development Manager
Carol Rasmussen Business Development Manager
Kristine Morabito Business Development Manager
Kayla Strandburg Controller
Jeanette Lo Bello Administrative Assistant
Nate Aldrich Special Project Coordinator/Manager
Monica Simpson Economic Development Specialist
Rosie Strandburg Executive Assistant
Absent Board Member(s):
Kelly Farrell-DuBois
Meeting was called to order by Mike Metzger, Chairman, at 10:02 a.m.
Mike Metzger
I would like to call to order the County of Chautauqua Industrial Development Agency’s Board of Directors Meeting. We are on Zoom Conference. It is July 28, 2020 and the time is 10:02 a.m. Roll call. Let the record show there are 5 members present. I will entertain a motion to approve the June 23, 2020 minutes.
Mark Odell
So moved Mr. Chairman.
Gary Henry
Second.
Mike Metzger
Motion made by Mark and seconded by Gary. Any discussion, changes or comments? All those in favor?
Board
Aye.
Mike Metzger
Hans has just joined the meeting, let the record show there are 6 members present. Lets move on to new business. Linda please present new business A.
Linda Burns
Introduced the project/ConnectGen. Gave overview of the project, what the applicant is requesting and its current status.
Milan Tyler
Reviewed/explained Preliminary Agreement.
Linda Burns
Thanked County Executive for joining the meeting and his support of the project, as well as the Town Supervisor, and how the project will impact the community. Introduced Issac Phillips, from ConnectGen.
Issac Phillips
Provided a visual presentation, via Zoom. Introduced himself and provided overview of the company, what they do, where they are located, the project, the impacts the project will have on the community, and current status/progress.
Mike Metzger
If you do not receive the 15% will you still start the project and will you be connecting to the grid and providing power to the grid prior to the completion of the project?
Issac Phillips
We will definitely build a project on the land we have. I think we would have to do some engineering to see if we could be the 270 megawatt goal but given the acreage we have under agreement that is almost exactly what we need. On the second question, unfortunately given the type of development, I think we would only be energizing at the end of construction. It is unlikely we can construct in phases.
Brad Walters
Can you share the presentation with us? Is there a decommissioning plan in place?
Issac Phillips
We do not currently have one in place but that will be during the permitting process and also the Town of Ripley requires and as a third protection we require it in our leases. One will be put in place prior to operation. The state also requires it in the Article 10 permitting process so it will be ready well before contraction.
Mike Metzger
Linda or Milan, do have any more to add?
Mark Odell
Can you speak on the construction a bit? Were you thinking of pile driven or concrete?
Issac Phillips
Typically we have Geo Tech out in the filed taking soil samples but this project would be steel driven. We are looking at a limited use of concrete – explained where concrete would be used.
Mark Odell
Do you believe the substation that is currently there is enough capacity, without any additional upgrades?
Issac Phillips
Updates will be required. It is an older substation and it has not been utilized fully for a number of years. We are currently working on the New York ISO interconnection process. Explained why they chose the site based on its capacity.
Mark Odell
Can you speak to any of the Power Purchase Agreements that are out there, who they are with, land owners?
Issac Phillips
The only one that has been secured as of now is the 20 year Rec contract with NYSERDA. We are still in the early stages on the commercial front. We will sell directly to a utility/large scale industrial user. We are also working with local municipal utilities that are interested.
Mark Odell
Asked about the workers that are coming in to the state/area and concerns with the current pandemic.
Issac Phillips
Work being done right now does not require a heavy on site presence. I believe everyone on the ground right now is New York based and some even just a couple of hours away from the project. We do have safety plans in place. Additionally, they are being safe on who they speak with/come in contact with. We are also following protocols in place.
Mark Odell
Shared thoughts that due to our current economic climate, he would prefer to see funds put in to the improvement of current infrastructure.
Mark Geise
IDA team met with Issac and his team, in person, using social distancing, and we were very impressed with ConnectGen.
Mike Metzger
Are there any other questions or comments? Hearing none, I will entertain a motion. Gary Henry could you please motion New Business A 2?
Gary Henry
Resolution 07-28-20-01 ConnectGen Preliminary Resolution.
Mike Metzger
Do I have a second?
Steven Thorpe
Second.
Mike Metzger
Motion made by Gary and seconded by Steven. Roll call vote please.
Board
Aye but all members except Mark Odell.
Mike Metzger
Let the record show that there is 7 votes in the affirmative and one nay. Also, I wanted to note that shortly after the start of the conversation, Dennis Rak and Jay Churchill joined us, so we have 8 members in attendance. Also, County Executive Wendel has joined us. Would you like to make a comment?
County Executive Wendel
Thanked the IDA team for their work during the pandemic and the Boards support.
Mike Metzger
Thanked Issac and Derek for attending and wished them luck.
Rich Dixon
I have known Derek for a long time from the Arkwright Windfarm. Very professional and we are pleased.
Mike Metzger
I would not like to move on to New Business B. Linda and Milan, can you please present
Linda Burns
Thanked ConnectGen again for joining.
Derek Riemen
Thanked the Board for their time.
Linda Burns
Spoke of the Transaction Committee meeting that was held and the vote. Spoke of the Public Hearing that took place and comments that were made by the public.
Milan Tyler
Spoke about Supervisors objections to the UTEP/personal use.
Rich Dixon
Gave brief history on adopted UTEP.
Linda Burns
Reviewed resolutions being presented. Questions?
Mike Metzger
Audio cut out – Chairman disconnected, Vice Chairman took over until Chairman’s audio was fixed.
Dennis Rak
Mark I’ll have you move the resolution.
Mark Odell
Resolution 07-28-20-02 S. St. George Enterprises SEQRA Resolution.
Dennis Rak
Can I get a second?
Hans Auer
Second.
Dennis Rak
Motion made by Mark and seconded by Hans. Roll call vote.
Board
Aye – Brad Walters abstained.
Dennis Rak
Let the record show there are 7 votes in the affirmative and 1 abstention. On to New Business B 2.
Steven Thorpe
On page 6 of the resolution the are some spots for amounts that are left blank. Do we have amounts?
Milan Tyler
Yes, those amounts will be for the value of financial assistance and will be filled in.
Linda Burns
I apologize, I do not have it right in front of me but the approximate benefits are $112,000, over the life of the project.
Steven Thorpe
Resolution 07-28-20-03 S. St. George Enterprises Amendment Resolution.
Dennis Rak
Do I have a second?
Hans Auer
Second.
Dennis Rak
Motion made by Steven and seconded by Hans. Roll call vote.
Board
Aye – one abstention from Brad Walters.
Dennis Rak
Let the record show there are 6 votes in the affirmative and one abstention.
Mike Metzger
Has rejoined the meeting and has voted in the affirmative for the last two resolutions. We will now move on to New Business C.
Linda Burns
Reviewed resolutions being presented, Public Hearing that took place, deviation notices that were sent, Town Supervisor and County Executive both in support of the project, advised that Dale Carlson, a Portland resident and alternate on Planning Board, is on the line. Shared additional comments received via email.
Rich Dixon
Commented on conversation he had, in regards to the objections and the outcome.
Linda Burns
Shared cost benefit analysis findings and reviewed resolutions being presented.
Milan Tyler
Reviewed resolutions being presented.
Mike Metzger
Any questions for Linda or Milan.
Mark Odell
With the SEQRA, there are no negative impacts correct?
Milan Tyler
Correct.
Mike Metzger
Brad Walters, if you could please motion New Business C 1?
Brad Walters
Resolution 07-28-20-04 Abundant Solar Power PILOT Deviation Approval Resolution.
Mike Metzger
Do I have a second?
Dennis Rak
Second.
Mike Metzger
Motion made by Brad and seconded by Dennis. Roll call vote.
Board
Aye – Unanimous.
Mike Metzger
Let the record show there are 8 votes in the affirmative, motion carried unanimously. Jay can you please move New Business C2?
Jay Churchill
Resolution 07-28-20-05 Abundant Solar (Portland) SEQRA Resolution.
Mike Metzger
May I have a second?
Mark Odell
Second Mr. Chairman.
Mike Metzger
Motion made by Jay and seconded by Mark. Roll call vote.
Board
Aye – Unanimous.
Mike Metzger
Let the record show we have 8 votes in the affirmative, motion carried unanimously. Steven can you please move New Business C 3?
Steven Thorpe
Resolution 07-28-20-06 Abundant Solar Power Final Resolution.
Mike Metzger
Can I get a second?
Dennis Rak
Second.
Mike Metzger
Let the record show there are 8 votes in the affirmative, motion carried unanimously. Carol if you could please present New Business D.
Carol Rasmussen
Presented resolution, applicant’s request, and summarized the project. Are there any questions?
Mike Metzger
Gary Henry, if you could please move New Business D 1?
Gary Henry
Resolution 07-28-20-07 Al Tech Loan for Hy-Wit Corporation.
Mike Metzger
Can I get a second please?
Jay Churchill
Second.
Mike Metzger
Motion made by Gary and seconded by Jay. Roll call vote.
Board
Aye – Unanimous.
Mike Metzger
Let the record show there are 8 votes in the affirmative, motion carried unanimously. I am going to ask for a motion for E 1 before we bring it to discussion. Hans, if you could please move New Business E 1?
Hans Auer
Resolution 07-28-20-08 Resolution Of The County Of Chautauqua Industrial Development Agency Pursuant To The State Environmental Quality Review Act Concerning The Determination Of Significance For Project Modifications To The Roberts Road Freezer LLC Project.
Mike Metzger
May I get a second please?
Gary Henry
Second.
Mike Metzger
Motion made by Hans and seconded by Gary. Discussion please.
Rich Dixon
Reviewed resolutions being presented, picture of location being discussed, and issue on access to facility, negations that took place, condemnation for right-of-way, and public hearing.
Matt Fitzgerald
Explained resolution being presented.
Joe Schafer
Explained second resolution being presented, public hearing that took place and next steps, pending the approval of the resolutions being presented.
Mike Metzger
Any questions? Hearing none, roll call vote please.
Board
Aye – Unanimous.
Mike Metzger
Let the record show that Brad Walters has left the meeting and that there are 7 votes in the affirmative, motion carried unanimously. Mark Odell can you please motion New Business E 2?
Mark Odell
Resolution 07-28-20-09 Resolution Of The County Of Chautauqua Industrial Development Agency Pursuant To New York Eminent Domain Procedure Law § Concerning The Determination And Findings Of The Public Hearing Held Regarding The Acquisition Of A Permanent Easement Over Property Located At South Roberts Road, Dunkirk, New York, By Exercise Of Eminent Domain.
Mike Metzger
May I have a second please?
Dennis Rak
Second.
Mike Metzger
Motion made by Mark and seconded by Dennis. Roll call votes please.
Board
Aye – Unanimous.
Mike Metzger
Let the record show there are 7 votes in the affirmative, motion carried unanimously. I would now like to move to the Executive Directors Report.
Mark Geise
Provided update on continuing to have meetings by Zoom, pending the Governor continue to extend his Executive Order. Introduced Monica Simpson. Thanked team for great work.
Mike Metzger
Any questions for Mark? Let’s move to the Treasurers Report.
Rich Dixon
Reviewed financials.
Kayla Strandburg
Reviewed PEG financials.
Nate Aldrich
We are continually bringing in more revenue from our funding partners. Reviewed funds that are anticipated to come in and updates on working being done and initiatives in place.
Mike Metzger
Any questions? I will ask for a motion to approve the Treasurers Report as presented.
Dennis Rak
So moved.
Mark Odell
Second Mr. Chairman.
Mike Metzger
Motion made by Dennis and seconded by Mark. All those in favor?
Board
Aye – Unanimous.
Mike Metzger
Opposed, abstained, motion carried unanimously. Now we need to make a motion to change the budget as presented. A motion please?
Hans Auer
So moved.
Steven Thorpe
Second.
Mike Metzger
Motion made by Hans and seconded by Steven. Any further discussion. Roll call vote
Board
Aye – Unanimous.
Mike Metzger
Let the record show there are 7 votes in the affirmative, motion carried unanimously. Now we have Old Business.
Rich Dixon
Advised an update on loans would be provided at next month’s meeting.
Mark Geise
Advised Board that there has been no update on the EDA Grant and that staff has submitted several sites in efforts to attract Amazon.
Mike Metzger
Any questions?
Milan Tyler
Reviewed St. George Mortgage Tax. Applicant advised previously that he did not need the mortgage recording tax benefit but has since changed his mind and would like to take advantage. We just need the Board to authorize to do that and amend original documents.
Mike Metzger
Any questions for Milan? Jay if you could please move to give St. George the mortgage tax abatement?
Jay Churchill
I would like to motion to give St. George mortgage tax abatement.
Mark Odell
Second.
Mike Metzger
Motion made by Jay and seconded by Mark. Roll call vote.
Board
Aye – Unanimous.
Mike Metzger
Let the record show there are 7 votes in the affirmative, motion carried unanimously. Any other old or new business?
Meeting adjourned at 11:48 a.m.
__________________________________ _____________________________________
(Assistant) Secretary (Vice) Chairman