 | RESOLUTION NO. 79 of 2023 DATED: March 28, 2023 |
RESOLUTION APPROVING THE PAYMENT TERMS AND CONDITIONS OF A CERTAIN PILOT AGREEMENT TO BE ENTERED INTO BETWEEN MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY AND DG DISTRIBUTION NORTHEAST, LLC D/B/A DOLLAR GENERAL CORPORATION IN CONNECTION WITH THE DG DISTRIBUTION NORTHEAST, LLC D/B/A DOLLAR GENERAL CORPORATION PROJECT
| Seconded by: | Wilson |
BE IT ENACTED by the County Legislature of Montgomery County, New York (the “Legislature”), as follows:
WHEREAS, pursuant to Title 1 of Article 18-A of the General Municipal Law of the State of New York, as amended (the “Enabling Act”) and Chapter 666 of the 1970 Laws of New York, as amended, constituting Section 895-d of said General Municipal Law (said Chapter and the Enabling Act being hereinafter collectively referred to as the “Act”), the Legislature has heretofore appointed the Chairperson and members of Montgomery County Industrial Development Agency (the “Agency”) and have duly caused to be filed in the office of the Secretary of State of the State of New York the certificates required by Section 856 of the Act; and
WHEREAS, to accomplish its stated purposes, the Agency is authorized and empowered under the Act to acquire, construct, reconstruct and install one or more “projects” (as defined in the Act) or to cause said projects to be acquired, constructed, reconstructed and installed, and to convey said projects or to lease said projects with the obligation to purchase; and
WHEREAS, DG Distribution Northeast, LLC, d/b/a Dollar General Corporation, a limited-liability company organized and existing under the laws of the State of Tennessee (the “Company”), submitted an application (the “Application”) to the Agency, a copy of which Application is on file at the office of the Agency, which Application requested that the Agency consider undertaking a project (the “Project”) for the benefit of the Company, said Project consisting of the following: (A) (1) the acquisition of an interest in an approximately 21 acre portion of a 54.4 acre parcel of land located at NYS Route 5S (Tax Map No. 54.-2-2.31), in the Town of Florida, Montgomery County, New York (the “Land”), (2) the construction of an approximately +/- 150,000 square foot facility on the Land (the “Facility”), and (3) the acquisition and installation of certain machinery and equipment therein and thereon (the “Equipment”) (the Land, the Facility and the Equipment hereinafter collectively referred to as the “Project Facility”), all of the foregoing to be owned and operated by the Company and used as a perishable goods warehousing and distribution space for the Company’s operations and any other directly or indirectly related activities; (B) the granting of certain “financial assistance” (within the meaning of Section 854(14) of the Act) with respect to the foregoing, including potential exemptions from certain sales and use taxes and real property taxes (collectively, the “Financial Assistance”); and (C) the lease (with an obligation to purchase) or sale of the Project Facility to the Company or such other person as may be designated by the Company and agreed upon by the Agency; and
WHEREAS, in connection with the undertaking of the Project, the Company will execute and deliver a certain payment in lieu of tax agreement (the “PILOT Agreement”) by and between the Agency and the Company, pursuant to which the Company will agree to pay certain payments in lieu of taxes (the “PILOT Payments”) with respect to the Project Facility; and
WHEREAS, Section 858(15) of the Act provides that, unless otherwise agreed by the affected tax jurisdictions (as defined in Section 854(16) of the Act), any PILOT Agreement shall provide that PILOT payments “shall be allocated among affected tax jurisdictions in proportion to the amount of real property tax and other taxes which would have been received by each affected tax jurisdiction had the project not been tax exempt due to the status of the agency involved in the project;” and
WHEREAS, under the terms of the PILOT Agreement, the Agency is proposing (the “PILOT Proposal”) to distribute and allocate the PILOT Payments to the affected tax jurisdictions according to the terms of the following table:
| AFFECTED TAX JURISDICTION | PERCENTAGE OF TOTAL PILOT PAYMENT RECEIVED |
| Montgomery County | 40% |
| Fonda-Fultonville Central School | 56% |
| Town of Florida | 4% |
WHEREAS, the PILOT Proposal identified above constitutes a diversion from the allocation among the affected tax jurisdictions which would have been received by each affected tax jurisdiction had the Agency not undertaken the Project; and
WHEREAS, the Agency desires that the County of Montgomery, New York (the “County”), through the Legislature, as one of the affected tax jurisdictions with respect to the Project, adopt a resolution indicating whether the Legislature agrees to the terms of the proposed PILOT Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE MONTGOMERY COUNTY LEGISLATURE, AS FOLLOWS:
Section 1
For the purpose of satisfying the requirements contained in the Agency’s Uniform Tax Exemption Policy (the “UTEP”) and Section 858(15) of the Act, the Legislature hereby (a) acknowledges notification of any deviation from the Agency’s UTEP, (b) waives any formal notice from the Agency of any deviation from the Agency’s UTEP, and (c) approves the payment terms to be contained in the PILOT Agreement, including, but not limited to, the terms of the PILOT Proposal referenced in the table above.
Section 2
The Chairperson of the Legislature (the “Chairperson”) is hereby authorized, on behalf of the County, to execute and deliver a consent to the PILOT Agreement for the purpose of evidencing its approval to the proposed payment terms of the PILOT Agreement, said PILOT Agreement to contain the terms described in the table above, with such changes, variations, omissions and insertions as the Chairperson shall approve, the execution thereof by the Chairperson to constitute conclusive evidence of such approval.
Section 3
The officers, employees and agents of the County are hereby authorized and directed for and in the name and on behalf of the County to do all acts and things required or provided for by the applicable provisions of this resolution in order to ensure compliance with such provisions as they relate to the execution and delivery of the PILOT Agreement, and to execute and deliver all such additional certificates, instruments and documents, and to do all such further acts and things as may be necessary or, in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the foregoing resolution.
Section 4
This resolution shall take effect immediately.
RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (3/28/2023)
Statement of Legislative and Financial Impact:
I. Nature of Request:
Resolution is necessary to approve PILOT agreement with DG Northeast.
II. Justification:
Required under General Municipal Law.
III. Legislative Impact:
Section 858(15) of the General Municipal Law ("GML") requires the Agency to obtain the written consent of the affected taxing jurisdictions when the Agency proposes to allocate and distribute PILOT Payments to affected tax jurisdictions in a manner that is different from the distribution and allocation of real property tax payments that would be in effect if the Agency was not involved in the Project and the Project Facility was not exempt from real property taxes;
IV. Financial Impact:
None. These are new tax revenues to the County and affected taxing jurisdictions.
| cc: | County Clerk County Treasurer |
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||