 | RESOLUTION NO. 109 of 2017 DATED: April 25, 2017 |
RESOLUTION ADOPTING INTRODUCTORY LAW E (LOCAL LAW 5 OF 2017) - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN H-F-M BOCES AND FULTON AND MONTGOMERY COUNTIES TO FACILITATE A SOLAR PHOTOVOLTAIC SYSTEM POWER PURCHASE AGREEMENT PROJECT TO BENEFIT H-F-M BOCES
| Seconded by: | Purtell |
WHEREAS, H-F-M BOCES, a division of NYS government, leases property on the campus of Fulton-Montgomery Community College from owners Fulton County and Montgomery County; and
WHEREAS, said lease agreement is a special arrangement that was authorized via previous special legislation by the NYS Legislature in 2004, that involved the two Sponsor Counties of Fulton and Montgomery leasing said portion of the College property to the Montgomery County IDA; and
WHEREAS, within the aforementioned special arrangement, the Montgomery County IDA sublets the same parcel to H-F-M BOCES for its vocational-technical training facility and administrative offices; the term of said sub-lease being January 2, 2005 through January 11, 2034; and
WHEREAS, the Montgomery County IDA then assigned this sub-lease to the Montgomery County Capital Resource Corporation; and
WHEREAS, H-F-M BOCES wishes to undertake a “Solar Photovoltaic System Power Purchase Agreement” and associated ground lease with WGL Energy Systems (Aka Dynamic Energy) of Delaware to facilitate energy cost savings for its facility; and
WHEREAS, review by both the Fulton and Montgomery County Attorneys has determined that the solar array ground lease cannot extend beyond the existing leases that allow H-F-M BOCES to occupy College property jointly owned by the two Sponsor Counties; and
WHEREAS, H-F-M BOCES officials have requested to lease said parcel from the Counties for three (3) years beyond the end of the current leases in 2034 to facilitate said Photovoltaic System Power Purchase Agreement and associated 20-year ground lease with WGL Energy Systems, Inc. (aka Dynamic Energy); now, therefore be it
WHEREAS, a copy of this local law in final form has been on the desks of the Montgomery County Legislature for ten days, excluding Sundays.
NOW THEREFORE BE IT RESOLVED, that Introductory Local Law E (Local Law 5) of 2017 hereby is submitted to the Legislature of the County of Montgomery for consideration:
LOCAL LAW 5 OF 2017 - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN H-F-M BOCES AND FULTON AND MONTGOMERY COUNTIES
BE IT ENACTED by the Legislature of the County of Montgomery as follows:
SECTION 1. The purpose of this local law is to authorize the Montgomery County Executive to enter into a lease with H-F-M BOCES for a portion of the lands jointly held by the counties of Fulton and Montgomery as “Joint-Tenants in Trust for the Uses and Purposes of the Fulton-Montgomery Community College.”
SECTION 2. That the lands to be leased are bounded and described as follows:
Tract 1:
FIRST PARCEL: All that tract or parcel of land situate partly in the town of Johnstown, County of Fulton and State of New York, partly in the Town of Mohawk and a small corner in northeast corner of the tmct in the Town of Amsterdam, County ofMontgomery, State ofNew York, bounded and described as follows: Commencing at a point in the northerly line of New York State Highway Route 67, which said point is the southeast corner oflands recently of Donald B. Bellinger and Ruth Fox Bellinger, his wife, conveyed by deed bearing even date herewith to William A. Opalka and Stella A. Opalka, his wife, and running thence N 33'E 290.48 +/-feet, along said lands of Opalka; thence N 29' 30' W 716.76 +/-feet along said lands of Opalka; thence N 50' 30' E
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1834.8 +/-feet to Fulton County Highway No. 142, formerly called the road from Lutheran Church to Hales Mills or Gloversville, and also commonly known as the Farm·to Market Highway; running thence along the westerly boundary of said County Highway S 22' 06' E 729.4 +/-feet; thence continuing S 18' 57' E 200.3 +/-feet; thence S 22'06' E 351.3 +/-feet; thence S 35'50' E 46.3 +/ feet; thence 22'06' E 1221.7 +/-feet to the northwest comer of lands now owned by Francis and Florence Hall; running thence southerly or southwesterly along the westerly line of said lands of Hall 920 +/-feet to the northerly line of New York State Highway Route No. 67; thence along the northerly line of said State Highway N 59'15' W 1934.5 +/-feet to the point and placeofbeginning.
SECOND PARCEL; All that certain tmct or parcel of land situate partly in the Town of Johnstown, County of Fulton and State ofNew York, and partly in the Town ofMohawk, County of Montgomery and State ofNew York, bounded and described as follows: Commencing at a point on the northerly line of New York State Highway Route No. 67, which said point is the southeast comer of lands now of one Marotta, and running thence along the northerly line of said State Highway 5 59' IS' E I252 +/-feet, to the southwest comer of a tract ofland conveyed by deed of this date by Donald B. Bellinger and Ruth Fox Bellinger, his wife, to William A. and Stella A. Opalka; running thence northerly along the westerly line of said parcel ofland now of Opalka 1200
+/-feet to an iron pipe marking the northwest comer of said lands ofOpalka; running thence easterly or northeasterly along the northerly line of said lands of Opalka 624 +/-feet to an iron pipe in the westerly boundary line of other lands of Paul and Lulu Mae Duffek; running thence northeasterly along the westerly line of said other lands of Duffek 1173' +/-to an iron pipe driven in the ground on the westerly boundary of Fulton County Road No. 142, commonly known as the Farm to Market Road, and formerly known as the road leading from the Luthemn Church to Hale's Mills or Gloversville, at the northwest corner of said other lands of Duffek; running thence N 22' 06' W
918.1 +/-feet, along the westerly line of said Fulton County Road, and thence continuing along the same N 21' 40' W 269.5 +/-feet to the easterly line of lands now or lately owned by Charles M. Putman; thence S 56' 08' W 3439.8 +/-feet along the easterly lines of lands now or formerly of Putman, Amidon, Leslie and Marotta, to the northerly line of State Highway Route 67, and the point and place of beginning.
EXCEPTING from the parcel secondly described above a strip of land across the northwesterly portion thereof conveyed by Lyman J. Fox and wife to New York Power and Light
SECTION 3. That the lands to be leased pursuant to the provisions of this law shall be used by H-F-M BOCES for elementary/secondary educational purposes.
SECTION 4. That the lands described in Section 2 are not being used by the general public and may not be used for ordinary county purposes nor are needed for the general educational purposes of Fulton-Montgomery Community College.
SECTION 5. The interests of Montgomery County in the lands described in Section 2 were not acquired for highway purposes or through tax sale. They may only be leased pursuant to the provisions of this law by the enactment of a similar law by the County of Fulton.
SECTION 6. That the lands described in Section 2 may be leased to H-F-M BOCES without advertising or competitive bidding.
SECTION 7. That annual rent payments by H-F-M BOCES to the two counties and equally shared during the 3-year lease shall be as follows:
Due January 12, 2034: $270,232.00
Due January 12, 2035: $270,232.00
Due January 12, 2036: $270,232.00
SECTION 8. That the County Executive be, and hereby is, authorized to sign a lease between H-F-M BOCES and Fulton County and Montgomery County to facilitate a “Solar Photovoltaic System Power Purchase Agreement” Project at H-F-M BOCES’ facility, for the term January 12, 2034 through January 11, 2037.
SECTION 9. To the extent that this local law is inconsistent with Section 215 of the County Law of the State of New York it shall supersede that section.
SECTION 10. If any clause, sentence or paragraph of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder of the local law, which shall as to such remainder remain in effect.
SECTION 11. This Local Law shall take effect after approval is received from the Commissioner of Education, and when all applicable statutory requirements for its passage and adoption have been fully complied with and it has been filed in the Office of the Secretary of State.
RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (4/25/2017)
Statement of Legislative and Financial Impact:
I. Nature of Request:
AUTHORIZING A LEASE AGREEMENT BETWEEN H-F-M BOCES AND FULTON AND MONTGOMERY COUNTIES TO FACILITATE A SOLAR PHOTOVOLTAIC SYSTEM POWER PURCHASE AGREEMENT PROJECT TO BENEFIT H-F-M BOCES
II. Justification:
H-F-M BOCES officials have requested to lease said parcel from the Counties for three (3) years beyond the end of the current leases in 2034 to facilitate said Photovoltaic System Power Purchase Agreement and associated 20-year ground lease with WGL Energy Systems, Inc. (aka Dynamic Energy). An extension of the lease to BOCES is therefore required to facilitate this lease.
III. Legislative Impact:
The Legislature is empowered by the Municipal Home Rule Law to pass local laws relating to the sale of County owned property.
IV. Financial Impact:
Will result in three additional years of lease payments of $270,232.00 going to the counties.
| cc: | County Clerk County Treasurer |
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