BOARD OF DIRECTORS MEETING
County of Chautauqua Industrial Development Agency
201 W Third Street, Jamestown, NY
February 28, 2017
10:00 a.m.
Mike Metzger Chairman
Dennis Rak Vice-Chair
Hans Auer Treasurer
Kim Peterson Secretary
David Bryant Member
George Borrello Member
Kelly Farrell DuBois Member
Brad Walters Member
Cory Duckworth Member
Also in attendance:
Rich Dixon CFO
Greg Peterson Counsel
Matt Mazgaj Counsel
Carol Rasmussen CCIDA Staff
Kristine Morabito CCIDA Staff
Lawrie Taylor CCIDA Staff
Sue Casel CCIDA Staff
Jim McCarthy The Post Journal
Jason Sample WRFA Radio
Mark Goshgarian TWC News
Absent Board Member(s):
Meeting was called to order by Mike Metzger-Chairman, at 10:03 a.m.
Mike Metzger
I will now call the County of Chautauqua Industrial Development Agency (CCIDA) Board of Director’s meeting to order. We are meeting at CCIDA, 201 W Third Street, Jamestown, NY. Today is February 28, 2017 (10:03 a.m.).
I will now have roll call.
Brad Walters – Here, Hans Auer – Here, George Borrello – Here, David Bryant – Here, Dennis Rak – Here, Kelly Farrell DuBois – Here, Kim Peterson – Here, Cory Duckworth – Here, and Mike Metzger – Here.
We have a quorum and will begin the meeting.
I would like a motion to accept the January 24, 2017, minutes, that you had received in advance.
Kim Peterson
So moved.
Cory Duckworth
Second.
Mike Metzger
Any discussion? Hearing none – All in favor indicate by saying Aye.
Ayes all around – The minutes are accepted.
We have two Deviation Hearings:
Train Station – opened at 10:06 – closed at 10:07
Matt Mazgaj
The Train Station is currently held by Downtown Jamestown Revitalization LLC – the train station is going to be part of the National Comedy Center project, but they need an additional year to transfer the train station over to the non-profit. The PILOT will be extended a year to allow for the transfer to the non-profit.
There were no comments – the Deviation hearing for the Train Station is closed.
NRG – opened at 10:07 – closed at 10:19
Rich Dixon
There is a 20-year PILOT in place with NRG. With the repowering there were changes with the plant. The resolution involves adjusting the payments and ramping back up. The payments were reduced last year by 85%. The previous two years, NRG paid over $13M that they did not have to pay since it was mothballed.
This PILOT amendment allows us to receive more funds then we would have gotten with no units running for the next two to three years. The PILOT will then go back in to place and will follow the original PILOT schedule.
George Borrello
I know there has been some controversy with the north end of the County. It’s good to keep this in perspective. It was negotiated well and it was in the best interest of the north County, City of Dunkirk, and the Dunkirk School District.
There was general discussion among the Board.
Kristine Morabito
A Public Hearing was held – you should have all received a copy of the transcript. There was a written comment that was also forwarded. (Kristine emailed to the Board on 2/27/17)
The respective taxing jurisdictions were each notified of the Public Hearing and Deviation Hearing, by the agency, and none of them are here today.
Mike Metzger
The Deviation hearing for NRG is closed – Brad, the first Resolution.
Brad Walters
Resolution 02-28-17-01
Resolution of the County of Chautauqua Industrial Development Agency Pursuant to the State Environmental Quality Review Act Concerning the Determination of Significance for Keith Butcher Solar Project.
Dennis Rak
Second.
Kristine Morabito
Resolutions 1 & 2 refer to a solar project for Keith Butcher. They are seeking a 15-year real property tax exemption that is typically offered to small wind projects through UTEP.
Mike Metzger
If there is no further discussion, I will take a roll call vote.
Brad Walters – Aye, Hans Auer – Aye, George Borrello – Aye, David Bryant – Aye, Dennis Rak – Aye, Kelly Farrell DuBois – Aye, Kim Peterson – Aye, Cory Duckworth – Aye, and Mike Metzger – Aye.
The Resolution is passed. Kim, the next Resolution, please.
Kim Peterson
Resolution 02-28-17-02
Resolution Taking Official Action Toward and Approving the Straight Lease for Keith Butcher Solar Project.
David Bryant
Second.
Mike Metzger
If there is no discussion, I will take a roll call vote.
Brad Walters – Aye, Hans Auer – Aye, George Borrello – Aye, David Bryant – Aye, Dennis Rak – Aye, Kelly Farrell DuBois – Aye, Kim Peterson – Aye, Cory Duckworth – Aye, and Mike Metzger – Aye.
The Resolution is passed. David, Resolution C, please.
David Bryant
Resolution 02-28-17-03
Resolution of the County of Chautauqua Industrial Development Agency Pursuant to the State Environmental Quality Review Act Concerning the Determination of Significance for A. Sam Family Farm, LLC Small Wind Project.
Kim Peterson
Second.
Kristine Morabito
Resolutions 3 & 4 are similar to resolutions 1 & 2 – they are also for a small energy project, in this case it is a wind turbine.
A brief history of the A. Sam Family Farm was given.
Mike Metzger
Is there any further discussion, hearing none, I will take a roll call vote.
Brad Walters – Aye, Hans Auer – Aye, George Borrello – Aye, David Bryant – Aye, Dennis Rak – Aye, Kelly Farrell DuBois – Aye, Kim Peterson – Aye, Cory Duckworth – Aye, and Mike Metzger – Aye.
The Resolution is passed. Cory, Resolution D, please.
Cory Duckworth
Resolution 02-28-17-04
Resolution Taking Official Action Toward and Approving the Straight Lease for A. Sam Family Farm, LLC Small Wind Project.
Kim Peterson
Second.
Mike Metzger
Is there any further discussion, hearing none, I will take a roll call vote.
Brad Walters – Aye, Hans Auer – Aye, George Borrello – Aye, David Bryant – Aye, Dennis Rak – Aye, Kelly Farrell DuBois – Aye, Kim Peterson – Aye, Cory Duckworth – Aye, and Mike Metzger – Aye.
The Resolution is passed. Kelly, Resolution E, please.
Kelly Farrell DuBois
Resolution 02-28-17-05
Resolution Authorizing a Deviation from the Uniform Tax Exemption Policy of the County of Chautauqua Industrial Development Agency in Connection with the Downtown Jamestown Revitalization, LLC’s Train Station Project.
George Borrello
Second.
Mike Metzger
Is there any further discussion, hearing none, I will take a roll call vote.
Brad Walters – Aye, Hans Auer – Aye, George Borrello – Aye, David Bryant – Aye, Dennis Rak – Aye, Kelly Farrell DuBois – Aye, Kim Peterson – Aye, Cory Duckworth – Aye, and Mike Metzger – Aye.
The Resolution is passed. Hans, Resolution F, please.
Hans Auer
Resolution 02-28-17-06
Resolution Authorizing an Amendment to the Subordination Agreement for The Stannard Group, Inc.
Kelly Farrell DuBois
Second.
Carol Rasmussen
The Stannard Group is requesting a change in the CCIDA’s subordination position of their Loan. The Loan Review Committee met and approved the request.
Mike Metzger
Is there any further discussion, hearing none, I will take a roll call vote.
Brad Walters – Aye, Hans Auer – Aye, George Borrello – Aye, David Bryant – Aye, Dennis Rak – Aye, Kelly Farrell DuBois – Aye, Kim Peterson – Aye, Cory Duckworth – Aye, and Mike Metzger – Aye.
The Resolution is passed. George, Resolution G, please.
George Borrello
Resolution 02-28-17-07
Resolution Authorizing a Deviation from the Uniform Tax Exemption Policy of the County of Chautauqua Industrial Development Agency in Connection with NRG.
David Bryant
Second.
Mike Metzger
Is there any further discussion, hearing none, I will take a roll call vote.
Brad Walters – Aye, Hans Auer – Aye, George Borrello – Aye, David Bryant – Aye, Dennis Rak – Aye, Kelly Farrell DuBois – Aye, Kim Peterson – Aye, Cory Duckworth – Aye, and Mike Metzger – Aye.
The Resolution is passed. Dennis, Resolution H, please.
Dennis Rak
Resolution 02-28-17-08
Resolution of the County of Chautauqua Industrial Development Agency Pursuant to the State Environmental Quality Review Act Concerning the Determination of Significance for Donald Bull Small Wind Project.
Kim Peterson
Second.
Lawrie Taylor
This is a small wind project for Donald Bull on his property.
Mike Metzger
Is there any further discussion, hearing none, I will take a roll call vote.
Brad Walters – Aye, Hans Auer – Aye, George Borrello – Aye, David Bryant – Aye, Dennis Rak – Aye, Kelly Farrell DuBois – Aye, Kim Peterson – Aye, Cory Duckworth – Aye, and Mike Metzger – Aye.
The Resolution is passed. Brad, Resolution I, please.
Brad Walters
Resolution 02-28-17-09
Resolution Taking Official Action Toward and Approving the Straight Lease for Donald Bull Small Wind Project.
Dennis Rak
Second.
Mike Metzger
Is there any further discussion, hearing none, I will take a roll call vote.
Brad Walters – Aye, Hans Auer – Aye, George Borrello – Aye, David Bryant – Aye, Dennis Rak – Aye, Kelly Farrell DuBois – Aye, Kim Peterson – Aye, Cory Duckworth – Aye, and Mike Metzger – Aye.
The Resolution is passed. Kim, Resolution J, please.
Kim Peterson
Resolution 02-28-17-10
Resolution of the County of Chautauqua Industrial Development Agency Creating a Transactions Committee and Establishing Its Members.
Brad Walters
Second.
Rich Dixon
The Governance Committee had passed a resolution in December for the formation of a Transactions Committee. This Committee can issue public notices, call for deviation hearings, initiate SEQR action – the committee makes no determination of the project. This will eliminate the need for special meetings and help move projects along. The Committee will compose of the Chairman of the Board, Executive Director, Chief Financial Officer, and the Business Development Manager that is working on the project. They will meet with the applicant after receiving the application – no action will be taken – it will just start the process.
Matt Mazgaj
This Committee takes the role of the issuance a preliminary resolution. During the Transactions Committee meeting – the group would sit with the applicant, go through the application, and get a better understanding of what they’re asking for. Then they can proceed towards a Final Approving Resolution.
Mike Metzger
Is there any further discussion, hearing none, I will take a roll call vote.
Brad Walters – Aye, Hans Auer – Aye, George Borrello – Aye, David Bryant – Aye, Dennis Rak – Aye, Kelly Farrell DuBois – Aye, Kim Peterson – Aye, Cory Duckworth – Aye, and Mike Metzger – Aye.
The Resolution is passed. David, Resolution K, please.
David Bryant
Resolution 02-28-17-11
Preliminary Resolution Taking Preliminary Action Toward the Acquisition and Straight Leasing of a Certain Project for Great Lakes Cold Storage, and Authorizing the Execution and Delivery of a Preliminary Agreement with the Applicant with Respect to Such Transaction.
Cory Duckworth
Second.
Kristine Morabito
Fieldbrook Foods has been working with a cold storage provider to potentially bring cold storage to the north county, specifically the Town of Dunkirk. They are currently shipping and storing in a PA warehouse. There is competition with PA for this project. We would like to site this project in Chautauqua County.
Mike Metzger
Is there any further discussion, hearing none, I will take a roll call vote.
Brad Walters – Aye, Hans Auer – Aye, George Borrello – Aye, David Bryant – Aye, Dennis Rak – Aye, Kelly Farrell DuBois – Aye, Kim Peterson – Aye, Cory Duckworth – Aye, and Mike Metzger – Aye.
The Resolution is passed. Rich, the Treasurer’s Report, please.
Rich Dixon
Highlights of the Balance Sheet were discussed – Went over variances on the budget.
Audit Committee met on February 9th. The minutes were reviewed.
Mike Metzger
May I have a motion to accept the Treasurer’s Report & Audit Committee minutes?
George Borrello
So moved.
Kim Peterson
Second.
Mike Metzger
Are there any questions? Hearing none, I will take a vote. All in favor?
Ayes all around. The treasurer’s report is accepted.
I would now like to move for a motion to go in to executive session to discuss the financial and credit history of certain companies and the potential acquisition and lease of real property by the agency.
David Bryant
I so move.
Brad Walters
Second.
Mike Metzger
All those in favor.
Board
Ayes all around. We are now in Executive Session.
Executive Session begins at 11:03 a.m.
Executive Session ends at 11:17 a.m.
Is there anything more to come before the Board? If not, may I have a motion to adjourn?
George Borrello
So moved.
Kim Peterson
Second.
Mike Metzger
All those in favor – Ayes all around.
This meeting is adjourned. Meeting adjourned at 11:20 a.m.
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(Assistant) Secretary (Vice) Chairman