NOTICE OF PUBLIC HEARING
ON PROPOSED PROJECT
AND FINANCIAL ASSISTANCE
RELATING THERETO
Notice is hereby given that a public hearing (the
“Public Hearing”) pursuant to Section 859-a(2) of the General Municipal Law of
the State of New York (the “Act”) will be held by the Allegany County
Industrial Development Agency (the “Agency”) on the 9th day of February,
2021 at 10:00 o’clock a.m., local time in connection with the NY Independence State Route 248 Solar LLC Project, as described
below. As a result of the (1) ban on
large meetings or gatherings pursuant to Executive Order 202.1 issued on March
12, 2020, as supplemented, (2) ban on non-essential gatherings of individuals
of any size for any reason pursuant to Executive Order 202.10 issued on March
23, 2020, as supplemented and (3) suspension of the Open Meetings Law relating
to public hearings pursuant to Executive Order 202.15 issued on April 9, 2020,
as supplemented, each as issued by Governor Cuomo in response to the novel
Coronavirus (COVID-19) pandemic, the Public Hearing will be held electronically
via conference call rather than in person.
Members of the public may attend the Public Hearing by listening to and
comment on the Project and the benefits to be granted to NY Independence State Route 248 Solar LLC, a State of New York limited liability company (the “Company”),
by the Agency during the Public Hearing by calling
1-888-850-7158 and entering passcode 299146.
The Company submitted an
application (the “Application”) to the Agency,
a copy of which Application is on file at the office of the Agency, which
Application requested that the Agency consider undertaking a project (the “Project”)
for the benefit of the Company, said Project consisting of the following: (A) (1) the acquisition of an interest in an approximately
15 acre portion of an approximately 262 acre parcel of land (portion of Tax Map
Number 268.1-11.2) located at 1550 State Route 248 in the Town of Independence,
Allegany County, New York (the “Land”), (2) the construction on the Land of an
approximately 1.5 MWAC solar energy generating facility, associated electrical
appurtenances and any other required improvements (all said improvements being
collectively referred to as the “Facility”) and (3) the acquisition and
installation therein and thereon of related fixtures, machinery, equipment and
other personal property (the “Equipment”), all of the foregoing to constitute a
solar energy generating facility to be owned and operated by the Company (the
Land, Facility and the Equipment being collectively referred to as the “Project
Facility”); (B) the granting of certain “financial assistance” (within the
meaning of Section 854(14) of the Act) with respect to the foregoing, including
potential exemptions from certain sales and use taxes, real property taxes, real
estate transfer taxes and mortgage recording taxes (collectively, the “Financial
Assistance”); and (C) the lease (with an obligation to purchase) or sale
of the Project Facility to the Company or such other person as may be
designated by the Company and agreed upon by the Agency.
The Agency is considering whether (A) to
undertake the Project, and (B) to provide certain exemptions from taxation
with respect to the Project, including (1) exemption from mortgage
recording taxes with respect to any documents, if any, recorded by the Agency
with respect to the Project in the office of the County Clerk of Allegany
County, New York or elsewhere, (2) exemption from deed transfer taxes on
any real estate transfers, if any, with respect to the Project, (3) exemption
from sales taxes relating to the acquisition, construction, renovation and
installation of the Project Facility, and
(4) in the event that the Project Facility would be subject to real
property taxation if owned by the Company but shall be deemed exempt from real
property taxation due to the involvement of the Agency therewith, exemption
from real property taxes (but not including special assessments and special ad
valorem levies), if any, with respect to the Project Facility, subject to the
obligation of the Company to make payments in lieu of taxes with respect to the
Project Facility. If any portion of the Financial Assistance to be granted by
the Agency with respect to the Project is not consistent with the Agency’s
uniform tax exemption policy, the Agency will follow the procedures for
deviation from such policy set forth in Section 874(4) of the Act prior to
granting such portion of the Financial Assistance.
If the Agency determines to proceed with the Project,
the Project Facility will be acquired, constructed, reconstructed and installed
by the Agency and will be leased (with an obligation to purchase) or sold by the
Agency to the Company or its designee pursuant to a project agreement (the “Agreement”)
requiring that the Company or its designee make certain payments to the Agency.
The Agency has not yet made a determination pursuant
to Article 8 of the Environmental Conservation Law (the “SEQR Act”) regarding
the potential environmental impact of the Project.
The Agency will at said time and place hear all
persons with views on either the location and nature of the proposed Project, or
the Financial Assistance being contemplated by the Agency in connection with
the proposed Project. A copy of the Application filed by the Company with the Agency
with respect to the Project, including an analysis of the costs and benefits of
the Project, is available for public inspection during business hours at the
offices of the Agency. A transcript or summary report of the hearing will be
made available to the members of the Agency.
Additional information can be obtained from, and
written comments may be addressed to: Dr. Craig Clark, Executive Director, Allegany
County Industrial Development Agency, Crossroads Commerce & Conference Center,
6087 State Route 19 N. - Suite 100, Belmont, New York 14813; Telephone: 585-268-7445.
Dated: January 25, 2021.
ALLEGANY
COUNTY INDUSTRIAL DEVELOPMENT AGENCY
BY:_________________________________________
Dr. Craig Clark, Executive Director
