BOARD OF DIRECTORS MEETING
County of Chautauqua Industrial Development Agency
201 W Third Street, Jamestown, NY
January 24, 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:
Kevin Sanvidge CEO
Rich Dixon CFO
Don McCord Deputy Director PED
Greg Peterson Counsel
Matt Mazgaj Counsel
George W. Cregg Counsel
Michelle Turner VP of Marketing
Carol Rasmussen CCIDA Staff
Lawrie Taylor CCIDA Staff
Sue Casel CCIDA Staff
Tom Mignogna Millennia Housing Development, LTD.
Vince DeJoy City of Jamestown
Bill Spencer Everpower
Stephanie Ottey Everpower
Angelo P. Graziano Villenova Board Member
Joni Riggle Citizen
Dennis Phillips The Post Journal
Jason Sample WRFA Radio
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 January 24, 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 December 9, 2016, minutes.
Kim Peterson
So moved.
Kelly Farrell DuBois
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:
Covenant Manor – opened at 10:15 – closed at 10:21
Vince DeJoy read a letter from expressing the City’s concern for the request by Covenant Manor.
A letter was also received prior to the Public Hearing.
Ball Hill – opened at 10:21 – closed at 10:22
Angelo Graziano & Joni Riggle expressed their concerns for the Ball Hill project.
Letters were received prior to the Board meeting.
Dennis, the first Resolution.
Dennis Rak
Resolution 01-24-17-01
Resolution Approving The AL Tech RLF Updates.
George Borrello
Second.
Lawrie Taylor
Briefly discussed the minor changes. The updated AL Tech brochure was distributed to the Board.
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. Brad, the next Resolution, please.
Brad Walters
Resolution 01-24-17-02
Resolutions of the Board of Directors of County of Chautauqua Industrial Development Agency to Authorize the Extension of the Agency’s Bond in the Amount of $2,000,000 with Respect to Property at 26 Talcott Street, City of Dunkirk, NY.
Kim Peterson
Second.
Rich Dixon
Discussed the purpose of the resolution.
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. George, Resolution C, please.
George Borrello
Resolution 01-24-17-03
Resolution Taking Preliminary Action Toward the Acquisition and Straight Leasing of a Certain Project for Cassadaga Wind LLC and Authorizing the Execution of a Preliminary Agreement with the Applicant with Respect to Such Transaction.
Cory Duckworth
Second.
Bill Spencer
Briefly discussed the history of Everpower. Explained the process of the Cassadaga Wind project. Local employment and materials will be utilized during construction.
Brief discussion among the Board.
Mike Metzger
Is there any further discussion, hearing none, I will take a roll call vote.
Brad Walters – Aye, Hans Auer – Aye, George Borrello – No, David Bryant – No, Dennis Rak – Aye, Kelly Farrell DuBois – Aye, Kim Peterson – Aye, Cory Duckworth – Aye, and Mike Metzger – Aye.
The Resolution is passed. Kim, Resolution D, please.
Kim Peterson
Resolution 01-24-17-04
Resolution Authorizing the Chief Executive Officer to Send a Letter to the Chief Executive Officers of the Affected Taxing Entities Informing Them of a Proposed Deviation From the Agency’s Uniform Tax Exemption Policy in Connection with Downtown Jamestown Revitalization, LLC’s Train Station Project.
David Bryant
Second.
Greg Peterson
Discussed the purpose of the 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. Cory, Resolution E, please.
Cory Duckworth
Resolution 01-24-17-05
Resolution Ratifying and Reaffirming Agency Action for a Certain Project for Ball Hill Wind Energy, LLC.
Kim Peterson
Second.
Rich Dixon
Mark Lyons was conferenced in.
Mark Mazgaj
The Public Hearing script was emailed to the Board by Kristine Morabito. Initially, we relied on the original application in publishing public hearings and providing public hearing notices. Over the course of the environmental review and some engineering refinement, certain portions of the project description changed. The acreage has a different definition of what acres are being identified and part of the project. The original description was the leased parcels, and the later was the wind overlay zones. The reason we are going through this is to make sure there is consistency as required by law between the public hearing notices, deviation hearing notices, and the transaction documents.
George Borrello asked Mark Lyons to define the wind overlay zone.
Mark Lyons
Briefly explained the overlay zone pertaining to his project.
Discussion among the Board.
Mike Metzger
Is there any further discussion, hearing none, I will take a roll call vote.
Brad Walters – Aye, Hans Auer – Aye, George Borrello – No, David Bryant – Nay, Dennis Rak – Abstain, 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 01-24-17-06
Resolution to Approve and Execute an Intercreditor and Subordination Agreement with Shults Real Estate, LLC
David Bryant
Second.
Carol Rasmussen
Briefly explained the 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.
Kelly, Resolution G, please.
Kelly Farrell DuBois
Resolution 01-24-17-07
Resolution Authorizing (A) a Deviation from the Agency’s Uniform Tax Exemption Policy and (B) the Amendment of an Existing PILOT Agreement in Connection with the Covenant Manor Apartments/Prairie Covenant Project
Dennis Rak
Second.
Rich Dixon
Briefly discussed the amendment to the Resolution.
Discussion among the Board – request to table for further discussion.
Mike Metzger
I would like a motion to table the resolution until after Executive Session.
George Borrello
So moved.
David Bryant
Second.
Mike Metzger
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 tabled.
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.
Cory Duckworth
I so move.
Dennis Rak
Second.
Mike Metzger
All those in favor.
Board
Ayes all around. We are now in Executive Session.
Executive Session begins at 10:22 a.m.
Executive Session ends at 12:39 a.m.
Mike Metzger
We are now in regular session.
I would like a motion to accept Resolution 01-24-17-07 as amended.
Dennis Rak
So Moved.
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 – Abstain, and Mike Metzger – Aye.
The Resolution is passed.
Is there anything more to come before the Board? If not, may I have a motion to adjourn?
Dennis Rak
So moved.
Hans Auer
Second.
Mike Metzger
All those in favor – Ayes all around.
This meeting is adjourned. Meeting adjourned at 12:42 p.m.
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(Assistant) Secretary Chairman
