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French's Landfill Solar Deal: The Details

Protections built in to contract, officials say

Details of the contract outlining an agreement between Brick Township and Standard Alternative, LLC show that there are protections against taxpayers ending up on the losing end of a deal to create a solar farm at the former French's Landfill site, officials said.

The township council authorized a redeveloper's agreement with the Hoboken-based Standard Alternative on Tuesday.

Under the agreement, Brick will float low-rate municipal bonds to fund the installation of solar panels at the former Superfund site off Sally Ike Road, but Standard Alternative will pay the debt service, according to Business Administrator Scott Pezarras. Additionally, Standard Alternative will pay Brick $2.5 million in the first year of the contract, then a portion of the revenue realized by the energy the solar arrays produce. Additionally, Brick will purchase energy at a reduced rate from Standard Alternative.

Standard Alternative will continue to make annual payments to Brick – in addition to paying off the bonds – over the course of 15 years. Then, after the contract ends, the township will take full control of the solar array and may use the energy in any way officials want, presumably, however, to eliminate electric bills for the municipal government at BTMUA.

"All of the market risk is going to be taken by the redeveloper," Pezarras said, explaining that even if Standard Alternative went out of business, the solar array would immediately become township property, and the energy produced by the site would far outweigh the relatively small amount of debt service produced by the bonds.

"Once he gets the solar array built, if he goes belly up, it's on our property and we collect all the money," said Pezarras.

Pezarras said in all, the township will most likely bond about $23 million for the project, after factoring in grants and an upfront down payment that will be made by Standard Alternative. In order to take advantage of federal grant money, however, an order to purchase the solar equipment must be made by the end of the year – the primary factor, Pezarras said, driving the deal to be done by the close of 2011.

Council President Brian DeLuca said Tuesday that Standard Alternative is planning a 6.5 megawatt solar array for the site.

As Brick Patch reported Tuesday, while the redeveloper's agreement is in place, the deal is not set in stone. The bonding to support to the project must be approved by the incoming, Democrat-controlled council after the start of the new year.

nan December 27, 2011 at 01:50 am
If you saw the entire Council Meeting you know that DeLuca stated the owner was in attendance and would stay and answer questions.
What you did not see was my hand was up from the beginning and I was sitting directly in front on Joe Lamb. Brian did not call on me and then stated we were paying for the owner's time so he cut the questions off. I have been complaining for months that we are not being given enough information. That it is the Council's duty to supply enough details for us to understand what they are casting their vote for and why. He knew I would question who were the owners of the business, exact information about what we are laying out and when . . . I have stated this is not something we should have to spend our time and money to find out that is what we come to the Meetings to hear. Not only is Brian a bitter loser he brought it on himself by not listening to us.
Lazzari December 27, 2011 at 03:26 pm
nan did you speak to the owner? (DeLuca stated the owner was in attendance and would stay and answer questions. ) Just wondering because I had called the # on the website and sent them an e-mail asking who the owners were still no reply.
would like to know who they are, Thank You
Scott Pezarras December 27, 2011 at 05:32 pm
Sean
Keep what cash??????
John C December 27, 2011 at 05:58 pm
Funny that you never address the facts that I post and only obsess over who I am or you think I am. I guess as we already know your facts and figures are all made up or you spin them to look bad.
John C December 27, 2011 at 06:04 pm
The Brick Times gave the name Sam Faivus as the owner that was at the meeting so I guess the accusations that it was a big secret being held from everyone is just the same people stirring the pot. The reporter from the Brick Times was able to get it but I guess she actually asked for it instead of posting questions on an internet forum.
Scott Pezarras December 27, 2011 at 06:19 pm
John is correct, the Pres. of Standard Alternative is Sam Faivus. Sean what cash is the company going to walk away with? They have to complete the project and produce power from the array before they see one dime of the federal grant money.
So I am confused by your statement.
John C December 27, 2011 at 06:33 pm
before you go off on a tangent get your facts strait. It is an LLC "The primary characteristic an LLC shares with a corporation is limited liability, and the primary characteristic it shares with a partnership is the availability of pass-through income taxation. It is often more flexible than a corporation, and it is well-suited for companies with a single owner."
Of course unless you are just trying to stir the pot.
nan December 27, 2011 at 06:48 pm
John C and Scotty Pezzaras,
We should not have to put in OPRA requests. The requesterd information should have been details explained to all who attended the Council Meeting. No information of any value was provided. Scott, I realize it is not your place to provide this information unless requested to advised to by the Council President. Brian has refused to follow proper protocol most of this year.
nan December 27, 2011 at 06:53 pm
The name of the owner was mentioned in passing. Brian as Council Pres. should have called the man up to the mic, introduced him and had him at the mic for the questions Brian had claimed he would answer. Instead Brian cut off any further citizen questions and dismissed Sam. Sam immediately 'left the building."
That answers the question of whether I spoke with him. As I stated previously, Brian refused to call on me even thought he plainly saw my raised hand from the beginning.
Jerseyclone December 27, 2011 at 07:33 pm
The more I look at Standard Alternatives and now this guy Sam Faivus who is the president of the company this whole thing is false front and fraud and out wonderful township elected officials and certain employees are taking the taxpayers for a ride we do not want to be on. It is now time to clean house of unwanted employees also.
Scott Pezarras December 27, 2011 at 08:24 pm
Sean
Keep what cash????? The company will only expend money before any money comes in from the grant. Scott
Scott Pezarras December 27, 2011 at 08:26 pm
Nan
Copies of documents are governed under an OPRA. You are more than welcome to come in and read the document as it is available in teh Clerk's Office, but if the public wants a copy of it they will have to file an OPRA request.
Joseph Lamb December 27, 2011 at 10:23 pm
Scott, will I have to submit an additional OPRA for the LOC and guarantee?
Some of the answers are vague.
Joseph Lamb December 27, 2011 at 10:39 pm
The fact that it's an LLC is meaningless. It should have more than one officer if it's a substantial company and the information has to be filed with the state.
Joseph Lamb December 27, 2011 at 10:42 pm
If someone can get a picture of Standard's office building or office, it would generate interest.
Scott Pezarras December 27, 2011 at 11:50 pm
Joe
It is only a term of the redevelopers agreement. It has not been issued yet. It will be pursued when the notes/bonds get issued for the project.
Joseph Lamb December 28, 2011 at 12:35 am
At the council meeting, besides Councilman DeLuca stating this was a $12 billion company, the reason for the vote Councilman Brando gave was that the tax credits were expiring at the end of 2011. If I understood it correctly, Harvey Langer stated that the tax credits were expiring at the end of 2011 also when he spoke during the public session. I can't believe Harveysaid that.
If you google federal tax credits solar panels, you will find that the credits have been extended through 2017. This isn't a $12 million company, never mind $12 billion. Mrs. Edwards, wife of the Bd of Ed Business Administrator, was introduced as the financial advisor. Financial advisor to whom? Councilman DeLuca made it sound like Mrs. Edwards was advising the Township of Brick. I want my money back.
Joseph Lamb December 28, 2011 at 12:36 am
Sean, thanks for your input.
Scott Pezarras December 28, 2011 at 12:50 am
Joe
It is not tax credits for the project, it is a Federal 1603 Grant that will fund approx. 1/3 of the project cost. The primary shareholder in Standard Alternative is the company with over 1 billion in assets and cash on their balnce sheet. Ms. Edwards reviewed these financials for the Twp. (she is the manging director for Acacia Financial ). They have been the twp's financial advisors for years after Municipal Advisory Partners (the prior FA) merged with Acacia Financial.
Joseph Lamb December 28, 2011 at 02:03 am
Scott, you stated that a shareholder of Standard is a company with over $1 billion in cash and assets. What is the point? The shareholderhas over $1 billion in assets, not Standard.
What's the point of saying the shareholder has over $1 billion in cash and assets? Let's believe the shareholder has a billion in assets, I'll bet the shareholder has no where near $1 billion in cash. Can we find out what company is the shareholder? Who else are shareholders?
Scott Pezarras December 28, 2011 at 04:07 am
Joe
The majority shareholders are going to back the notes until the system comes online. I am not sure I can divulge the name(s) of the major shareholders, since the FA has signed a non-disclosure agreement. I will check with the attorney when I return to work.
Lazzari December 31, 2011 at 02:45 pm
I went there not much info about anything on the site and sent an e-mail also got no reply, called after the prompts got this is Sam so guess he's pretty much a one man show?
JB January 2, 2012 at 02:12 am
I'm watching the Dec. 20th council meeting. Deleca never seems to amaze me. How rude, obnoxious and bitter can someone be? He should never serve publicly again. You lost re-election, move on, and have some respect for the new council elect who I'm sure you do not know, like most of us. Scuttaro showed her colors as well. Bitter and nasty as well. You lost...goodbye. Always have respect for Mr. Thulen, he continued to demonstrate his professionalism.
Lazzari January 2, 2012 at 03:56 pm
Sean I'm thinkin the owners are The Shadow1,,,,,2 ect cause we haven't a clue ,,hope you had a great New Year's because it may be a , longgggggg year here in Brick
Scott Pezarras January 3, 2012 at 01:29 pm
Sean
What you say is not true. The Twp can anticipate the revenue as long as there is a reasonable expectaion it is going to materialize. It is a anticipated revenue with prior consent of the Director of the Division of Govt Services. Since the redevelopers agreement provide for this payment to be given to the Twp before the budget is adopted, it most likely would be approved by the Director. The Twp did the same thing with a liquor license that was under contract to sell.
Lazzari January 3, 2012 at 01:54 pm
Faivus' site said nothing about being an expert in solar,,,,,am I wrong?
Strategic Safety Solutions, LLC (SSS), a SAS 70 compliant company, specializes in the design, integration, and management of custom compliance data management solutions for our customers. The SSS Safety Compliance Program is designed to accommodate small, medium and large company needs. Our products and services are a perfect complement for all organizations
John C January 3, 2012 at 04:45 pm
Sean explain how you can claim a parcel of land Solar Panels generating electricity that will be used by the Town to reduce electric bills as well as generate electricity for ongoing sales is a one shot revenue deal?
Joseph Lamb January 3, 2012 at 06:27 pm
Sean, how were you able to determine that Ironstate Development was a major shareholder? I tried to go on the website through your link but it didn't work. I also tried ssssite through your link but that didn't work as well. Anyone else getting the same results?
Lazzari January 4, 2012 at 02:26 pm
I see nothing on that site that makes them in anyway knowledgeable about solar? If I were building a apartment building I might seek their expertise but solar for my home I think not.
Joseph Lamb January 4, 2012 at 05:31 pm
I went to 235 Hudson Street in Hoboken and it's a luxury apartment building and a sign on the corner advertisers as the same. This is the address for Standard Alternative on their website. This is a joke. I took a picture to verify what I saw.

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