Supervisor ARGOTSINGER offered the following Resolution and moved its adoption:

RESOLUTION REQUIRING A PILOT AGREEMENT FOR THE HALES MILLS SOLAR LLC (NEXAMP) SOLAR ARRAY FARM (PARCEL 163.-1-52.1) IN THE TOWN OF JOHNSTOWN

WHEREAS, Hales Mills Solar LLC (NEXAMP) plans to build and operate a Solar Energy System on property at 171 Hales Mills Road in the Town of Johnstown (Parcel 163.-1-52.1) to construct a 3.5 Megawatt Solar Farm; and

WHEREAS, Hales Mills Solar LLC (NEXAMP) has proposed a Payment in Lieu of Taxes (PILOT) Agreement with the Town of Johnstown, Broadalbin-Perth School District 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; and

WHEREAS, Broadalbin-Perth School District has requested that a portion of its payments be in the form of an Education Contribution Agreement (ECA) lump sum payment deducted from the School’s pro-rated PILOT share; 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, Broadalbin-Perth School District, 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            Percent of                  Estimated
Tax Year        Jurisdiction                 Rate         Total Rate      Payment
  2019        Broad/Perth School        $26.54      62.89%    $17,609.20 *
  2019        County of Fulton             $13.01      30.83%        8,632.40
  2019        Twn. of Johnstown          $  2.65       6.28%        1,758.40
                                                          $42.20    100.00%    $28,000.00

*A portion of the payments to Broadalbin-Perth School District will be offset by proceeds of Education Contribution Agreement (ECA).

and, be it further


Resolution No. 370 (Continued)

RESOLVED, That the Chairman of the Board be and hereby is authorized to sign a contract between Hales Mills Solar LLC (NEXAMP), the Board of Supervisors, Broadalbin-Perth School District and Town of Johnstown to enact a PILOT Agreement for a 3.5 Megawatt Solar Farm (Parcel 163.-1-52.1) 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, Hales Mills Solar LLC (NEXAMP), Broadalbin-Perth School District, Town of Johnstown Assessor, Real Property Tax Services Agency Director, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.

Seconded by Supervisor BRADT and adopted by the following vote:
TOTAL:  Ayes: 18   Nays: 0   Absent: 2 (Supervisors Kinowski and Waldron)

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