Supervisor ARGOTSINGER offered the following Resolution and moved its adoption:

RESOLUTION REQUIRING A PILOT AGREEMENT FOR JOHNSTOWN 2 SOLAR, LLC (PARCEL 148.-2-78) IN THE TOWN OF JOHNSTOWN

WHEREAS, Johnstown 2 Solar, LLC is leasing approximately 22.4 acres of land owned by the Town of Johnstown at 352 County Highway 122, in the Town of Johnstown (Parcel 148.-2-78) to construct a 2 Megawatt Solar Farm; and

WHEREAS, Johnstown 2 Solar, LLC has proposed a Payment in Lieu of Taxes (PILOT) Agreement with the Town of Johnstown and County of Fulton in accordance with NYS Real Property Tax Law (RPTL) Section 487; and

WHEREAS, the Finance Committee recommends a PILOT Agreement based on a pro-rated sharing of the Annual Total Tax Rate wherein the PILOT payment shall be between participating taxing jurisdictions based upon the amount of $8,000.00 per Megawatt of capacity with a 2 percent escalator per year for 15 years, matching the tax exemption period in RPTL Section 487 for such energy projects; now, therefore be it

RESOLVED, That the annual PILOT payment shall be calculated in the amount of $8,000.00 per Megawatt shared between the taxing jurisdictions of County of Fulton and Town of Johnstown in proportion to each jurisdictions annual Tax Rate compared to Total Tax Rate of all jurisdictions participating in the PILOT; and, be it further

RESOLVED, That for purposes of example, pro-ration would be as follows for year 1:

Tax Year Jurisdiction Tax Rate Percent of Total Rate Estimated Payment
2018 County of Fulton $12.54 73.51% $11,761.60
2018 Twn. of Johnstown $ 4.52 26.49% 4,238.40
$17.06 100% $16,000.00

and, be it further

RESOLVED, That the Chairman of the Board be and hereby is authorized to sign a contract between Johnstown 2 Solar, LLC the Board of Supervisors and Town of Johnstown to enact a PILOT Agreement for a 2 Megawatt Solar Array Farm (Parcel 148.-2-78) in the Town of Johnstown; in accordance with the terms and conditions outlined herein; and, be it further

RESOLVED, That said contract is subject to the approval of the County Attorney; and, be it further 

RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Johnstown 2 Solar, LLC, Town of Johnstown Assessor, Real Property Tax Services Agency Director, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.

Seconded by Supervisor HOWARD and adopted by the following vote:
TOTAL: Ayes: (18) 502 Nays: 21 (1) (Supervisor Kinowski) Absent: (1) 28 (Supervisor Potter)

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