Supervisor ARGOTSINGER offered the following Resolution and moved its adoption:


WHEREAS, Borrego Solar has purchased property at 519 County Highway 151, in the Town of Oppenheim (Parcel 125.-1-19.1) to construct a 1.386 Megawatt Solar Farm; and

WHEREAS, Borrego Solar has proposed a Payment in Lieu of Taxes (PILOT) Agreement with the Town of Oppenheim 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 Oppenheim 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 purposed of example, pro-ration would be as follows for year 1:

      Tax                            Percent of        Estimated
Tax Year    Jurisdiction                  Rate                            Total Rate        Payment
2018        County of Fulton          $16.54 per thousand      54.44%     $  6,036.30
2018        Tn. of Oppenheim        $13.84 per thousand      45.56%         5,051.70
                                                     $30.38                            100%        $11,088.00

and, be it further

RESOLVED, That the Chairman of the Board be and hereby is authorized to sign a contract between Borrego Solar, the Board of Supervisors and Town of Oppenheim to enact a PILOT Agreement for a 1.386 Megawatt Solar Farm (Parcel 125.-1-19.1) in the Town of Oppenheim; 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, Borrego Solar, Town of Oppenheim Assessors, Real Property Tax Services Agency Director, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.

Seconded by Supervisor WALDRON and adopted by the following vote:
TOTAL:  Ayes: 500 (18)   Nays: 28 (1) (Supervisor Potter)  
Absent: 23 (1) (Supervisor Handy)

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