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Minutes of the Annual Meeting of the Power - New York Power ...

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April 24, 2007<br />

“The balance <strong>of</strong> <strong>the</strong> payment, subject to any such adjustment, in accordance with <strong>the</strong> terms <strong>of</strong> <strong>the</strong><br />

agreement, will be paid to <strong>the</strong> Authority at <strong>the</strong> time <strong>of</strong> closing. The closing <strong>of</strong> this transaction will occur after<br />

delivery <strong>of</strong> <strong>the</strong> new airplane to <strong>the</strong> Authority by Hawker Beechcraft.<br />

“All proceeds from this sale will be deposited in <strong>the</strong> Authority’s Operating Reserves. Any amounts above<br />

<strong>the</strong> current book value <strong>of</strong> $1.5M will be treated as net revenue for 2007.<br />

RECOMMENDATION<br />

“The Inspector General and Vice President – Corporate Security, <strong>the</strong> Vice President – Procurement and<br />

Real Estate and <strong>the</strong> Director – Corporate Support Services recommend that pursuant to <strong>the</strong> Public Authorities<br />

Accountability Act <strong>of</strong> 2005 and <strong>the</strong> Authority’s Guidelines for <strong>the</strong> Disposal <strong>of</strong> Personal Property, <strong>the</strong> Trustees<br />

delegate authorization to <strong>the</strong> President and Chief Executive Officer to approve <strong>the</strong> disposal via sale <strong>of</strong> <strong>the</strong><br />

Authority’s King Air B-350 aircraft to <strong>the</strong> bidder that provides <strong>the</strong> most advantageous value to <strong>the</strong> Authority.<br />

“The Executive Vice President and General Counsel, <strong>the</strong> Executive Vice President – Corporate Services<br />

and Administration, <strong>the</strong> Executive Vice President and Chief Financial Officer and I concur in <strong>the</strong> recommendation.”<br />

Mr. H<strong>of</strong>f presented <strong>the</strong> highlights <strong>of</strong> staff’s recommendations to <strong>the</strong> Trustees. In response to a question<br />

from Chairman McCullough, Mr. H<strong>of</strong>f said that <strong>the</strong> purchaser would put 10% down on <strong>the</strong> plane, which funds<br />

would be escrowed, and that <strong>the</strong> o<strong>the</strong>r 90% <strong>of</strong> <strong>the</strong> plane’s price would be paid upon delivery <strong>of</strong> <strong>the</strong> plane.<br />

Responding to a question from Trustee Scozzafava, Mr. Vesce said that, aside from price, <strong>the</strong> o<strong>the</strong>r factors being<br />

considered in selecting a purchaser were <strong>the</strong> results <strong>of</strong> a background check and <strong>the</strong> end use to which <strong>the</strong> plane<br />

was to be put.<br />

The following resolution, as submitted by <strong>the</strong> President and Chief Executive Officer, was unanimously<br />

adopted.<br />

RESOLVED, That pursuant to <strong>the</strong> Public Authorities<br />

Accountability Act <strong>of</strong> 2005 and <strong>the</strong> Authority’s Guidelines for <strong>the</strong> Disposal<br />

<strong>of</strong> Personal Property, <strong>the</strong> Trustees hereby delegate authorization to <strong>the</strong><br />

President and Chief Executive Officer to approve <strong>the</strong> disposal via sale <strong>of</strong> <strong>the</strong><br />

Authority’s King Air B-350 aircraft (S/N FL-283, Registration Number<br />

N4083L) to <strong>the</strong> bidder that provides <strong>the</strong> most advantageous value to <strong>the</strong><br />

Authority, as set forth in <strong>the</strong> foregoing report <strong>of</strong> <strong>the</strong> President and Chief<br />

Executive Officer; and be it fur<strong>the</strong>r<br />

RESOLVED, That <strong>the</strong> Chairman, <strong>the</strong> President and Chief<br />

Executive Officer and all o<strong>the</strong>r <strong>of</strong>ficers <strong>of</strong> <strong>the</strong> Authority are, and each <strong>of</strong><br />

<strong>the</strong>m hereby is, authorized on behalf <strong>of</strong> <strong>the</strong> Authority to do any and all<br />

things, take any and all actions and execute and deliver any and all<br />

agreements, certificates and o<strong>the</strong>r documents to effectuate <strong>the</strong> foregoing<br />

resolution, subject to <strong>the</strong> approval <strong>of</strong> <strong>the</strong> form <strong>the</strong>re<strong>of</strong> by <strong>the</strong> Executive Vice<br />

President and General Counsel or his designee.<br />

35

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