2018-1652018-165
Resolution Authorizing Payment In Lieu Of Taxes Agreement With Wappinger 9D Solar, LLC -
(Harkins/Thurston)
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held
at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on July 23, 2018.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the
following was recorded:
✓ Vote Record - Resolution RES -2018-165
Yes/Aye
No/Nay
Abstain
Absent
Q Adopted
❑ Adopted as Amended
Richard Thurston
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Robert Johnston
Seconder
Q
❑
❑
❑
Michael Kuzmicz
Mover
Q
❑
❑
❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman
Johnston.
WHEREAS, Wappinger 9D Solar, LLC ("Owner") owns a 48.67 -acre parcel of vacant real property
located in the Town of Wappinger, County of Dutchess on Route 9D having a Tax Id Number 6057-04-898012;
and
WHEREAS, Wappinger 9D Solar, LLC intends to lease the property to NEXAMP FREE HOLDINGS
LLC, to construct a 1.995 Megawatts AC Solar Farm; and
WHEREAS, the Town of Wappinger Planning Board has granted Site Plan and Special Permit Approval
to the proposed Solar Farm; and
WHEREAS, Solar Energy Systems are entitled to an exemption from real property taxes pursuant to NY
Real Property Tax Law §487; and
WHEREAS, the Town of Wappinger has not opted out of the exemption provided by RPTL §487; and
WHEREAS, the Owner has submitted, or will submit, to the assessor of the Town of Wappinger a RP -
487 Application for Tax Exemption of Solar or Wind Energy Systems or Farm Waste Energy Systems,
demonstrating its eligibility for a real property tax exemption pursuant to RPTL Section 487; and
WHEREAS, pursuant to RPTL § 487 (9)(a), the Town has indicated its intent to require a Payment in
Lieu of Taxes ("PILOT") Agreement with the Owner, under which the Owner (or any successor owner of the
Project) will be required to make annual payments to each of the Taxing Jurisdictions for each year during the
fifteen -year term of the exemption; and
WHEREAS, the Owner has proposed a Payment in Lieu of Taxes (PILOT) Agreement with the Town of
Wappinger, the County of Dutchess and the Wappinger Central School District in accordance with RPTL § 487;
and
WHEREAS, a Draft PILOT agreement for all three taxing entities has been provided and reviewed by
the Supervisor, the Assessor and the Attorney to the Town; and
WHEREAS, the PILOT Agreement provides for a pro -rated sharing of the PILOT Revenue between the
taxing jurisdictions based upon the amount of $6,500 per Megawatt of solar farm capacity with a 2 percent
escalator per year for 15 years, which term is the life of the tax exemption for solar energy systems pursuant to
RPTL § 487;
WHEREAS, for example in year one of the agreement the total PILOT would be $12,967.50 which
would be allocated as follows: School $9,72563, Town $1,556.10 and County $1,685.78; and
WHEREAS, the construction of a Solar Farm is consistent with the energy policies of the State of New
York;
WHEREAS, the land on which this Solar Farm is constructed is not suitable for other types of
construction and providing a tax exemption would enhance the tax base and spur economic development in the
Town of Wappinger;
WHEREAS, on April 10, 2018, the Wappinger Central School District adopted a resolution by which it
opted out of the exemption for Solar Energy Systems provided under RPTL §487; and
WHEREAS, the Owner has advised that in this economic climate, it is not economically viable to
construct and operate the project without a property tax exemption; and
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby authorizes the Supervisor to sign the annexed PAYMENT IN LIEU OF
TAXES AGREEMENT FOR SOLAR ENERGY SYSTEMS with the Wappinger 9D Solar, LLC on behalf of
the Town of Wappinger for a 1.995 MW AC Solar Farm on Tax Parcel 6057-04-898012.
2. The Town Board hereby expresses its desire that the Wappinger Central School District
reconsider its decision to opt out of the Solar Energy Tax Exemption under RPRTL §487 and negotiate PILOT
agreements with solar developers on a case by case basis.
The Town Board authorizes and directs that the Town Clerk forward certified copies of this resolution to the
Town Assessor, the Dutchess County Real Property Tax Services Agency Director and the Wappinger Central
School District.
The foregoing was put to a vote which resulted as follows
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: Robert Johnston, Councilman
AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz
Dated: Wappingers Falls, New York
7/23/2018
The Resolution is hereby duly declared Adopted.
JOS/tPli P. PAOLONI, TOWN CLERK