ST. LAWRENCE COUNTY INDUSTRIAL DEVELOPMENT AGENCY MINUTES OF MEETING February 17, 2009 CALL TO ORDER: Chairman Brian W. Staples called to order a regular meeting of the St. Lawrence County Industrial Development Agency at 8:05 AM at the Best Western, Canton. ROLL CALL: Blevins LaBaff Morrill Weekes Present Present Present Absent Greenwood McMahon Staples Present Present Present Others Present: Staff and Officers: Raymond Fountain, Kimberly Gilbert, Brian Norton, Natalie Sweatland, Richard Williams; and William Small, IDA Counsel; W. Howard Kelly, Director, Capital Corridor; public. MINUTES: LaBaff / Morrill move to accept the January 14, 2009 minutes. Unanimous. PUBLIC NOTICE: Public notifications sent February 2, 2009 to, at a minimum: St. Lawrence County’s additional local media sources and websites. PUBLIC COMMENT: Introduction of Kathryn Mullaney, St. Lawrence University. Presentation by W. Howard Kelly, Capital Corridor, followed by brief Q&A session. FINANCIAL REPORT: None. Briefly reviewed loan summary. COMMITTEE REPORT: Audit Committee: Met under the circumstances that the late notice allowed. Governance Committee: Met February 10, 2009. Resolution to be addressed later. STAFF REPORT: Ray Fountain reported on the following: • IDA Website: Public notice for bids – no response. Next step is to negotiate with website developer. • Railroad Project: No response yet from the State regarding the application submitted in the Fall of 2008. The project is still included in our stimulus plans. • AgPro: We are waiting for Mr. Pollard to sign the documents so the deed can be recorded. • Gouverneur IP Trees: Legal Counsel will provide a complaint for Ray’s signature. • Jason Clark (Massena BDC) provided request to IDA on February 11, 2009 for assistance in the establishment of a legal entity entitled “Northern Corridor Transportation Group.” Ray reports that currently there is a little less than $15,000 in a fund to market the four-lane concept, which could be made available. It is suggested that Mr. Clark provide more detailed information on the project (e.g. uses of funds, etc.) OLD BUSINESS: None NEW BUSINESS: Resolution: Annual Review of Disposition of Real Property Guidelines: LaBaff / Blevins. Mr. Gilbert reported briefly on this annual review, noting there are no changes to the policy. Unanimous. Resolution: Amending Resolution 06-07-10_Adopting Certain Policies, Standards and Procedures in Connection with the Public Authorities Accountability Act of 2005: LaBaff / Morrill. Mr. Fountain reported that the Governance Committee had reviewed the issue of the Annual Financial Disclosure Statement. The Committee reviewed statements utilized by other IDAs, and this form is the Committee’s recommendation. IDA members will be required to file the form with the County’s Board of Ethics. Pursuant to State Law, IDAs are required to file an annual financial disclosure form, but the form is of their (IDA) own choosing. Mr. Staples provided a brief history of the controversy regarding the County’s Ethics Board. IDAs are not subject to the County’s filing requirements. This IDA will file on a form of its own choosing. Unanimous. Resolution: Authorizing Transmittal of an Economic Development Proposal to NYPA: LaBaff/Greenwood. Mr. McMahon abstains from discussion. Mr. Fountain reported that at the last meeting Mr. LaBaff was asked to meet with members of the St. Lawrence River Valley Redevelopment Agency. The proposal, reviewed by Harris Beach, creates an 11-member board (IDALDC membership plus one member each from the four host communities). The IDALDC already has the legal structure in place. The proposal provided to the membership is the same proposal provided to the SLRVRA, at the second of the two meetings held between the groups. He added that when he left the second meeting believed it would be reviewed by the group for comment. Mr. LaBaff states that he believes the proposal should now be sent to NYPA. They [NYPA] would then have two difference proposals. Let them make the decision and move ahead. The resolution passes with Staples, LaBaff, Greenwood, Blevins and Morrill voting “Aye” and with Mr. McMahon’s abstention. Steel Company: Mr. Morrill moves to support the steel mill company that has proposed a Massena operation: WHEREAS, Steel Development Co., LLC has applied for an allocation of 35 megawatts of low-cost power through the New York Power Authority’s Preservation Power program, and WHEREAS, the Company has expressed strongly that this project be located in Massena, New York, and WHEREAS, the Company’s project would create 200 new permanent jobs and 800 to 1,000 construction jobs, and WHEREAS, the St. Lawrence County Industrial Development Agency (the “Agency”), as the County’s main economic development entity, supports the efforts of companies that will bring much-needed, well-paying, new jobs to this area, and WHEREAS, the Company’s project would require more megawatts of power than are available in the North Country region, NOW THEREFORE BE IT RESOLVED that the Agency strongly encourages and supports legislation that would provide the additional megawatts of power necessary for this project, and BE IT FURTHER RESOLVED that the Agency strongly encourages NYPA to consider the investment this project would have on the area, not only in terms of new job creation, but in the creation of construction jobs and long-term investment to the area, and BE IT FURTHER RESOLVED that the St. Lawrence County Industrial Development Agency supports the Steel Development Co., LLC’s application, and BE IT FURTHER RESOLVED that a copy of this resolution shall be forwarded to New York State Senators Aubertine and Griffo, New York State Assemblywomen Scozzafava, Russell and Duprey; and NYPA President and CEO Richard M. Kessel. Mr. McMahon noted that per NYPA’s formula, it would generally say 20 jobs per megawatt, which, in this case would equal 700 jobs per 35 megawatts of power. Also, the market value of 35 megawatts is approximately $11 million, and the company’s project payroll is $10 million. In essence they [NYPA] are being asked to provide an $11 million subsidy for a $10 million payroll. He went on to note that he has yet to see anything in writing, so it is difficult for him to vote on this proposal. He highly endorses the idea of the creation of 200 jobs…it is good and provides economic development benefit to the region. Mr. Blevins agrees that the IDA should go on record. Mr. Morrill notes that, whatever NYPA’s formulas are or whatever NYPA does, the Agency should go on the record. Mr. LaBaff notes that the Agency should show support on the steel mill, and let NYPA make the decision. He [LaBaff} shares Mr. McMahon’s concerns that NYPA does see this as meeting the formulas in place. The Agency is endorsing the concept. LaBaff seconds. Unanimous. LaBaff/Greenwood motion for recess at 9:10 AM. Return from recess at 9:43 AM. EXECUTIVE SESSION: None ADJOURNMENT: LaBaff / Morrill motion to adjourn at 9:43 AM. Adjourned by unanimous consent. (Mr.) Lynn Blevins, Secretary