2023-972023-97
Resolution Authorizing Payment In Lieu Of Taxes Agreement With Old Myers NY, LLC
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 October
10, 2023.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2023-97
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted
Richard Thurston
❑
❑
❑
❑
❑ Adopted as Amended
William H. Beale
❑
❑
❑
❑
❑ Defeated
❑ Tabled
Angela Bettina
❑
❑
❑
❑
Q Withdrawn
Christopher Phillips
❑
❑
❑
❑
Al Casella
❑
❑
❑
❑
The following Resolution was introduced by and seconded by .
WHEREAS, Old Myers LLC ("Owner") owns a 38.09 -acre parcel of farmland located in
the Town of Wappinger, County of Dutchess on Myers Corners Road having a Tax Id Number
6258-03-376432; and
WHEREAS, the Owner intends to construct a solar farm of approximately 2.0 Megawatts
AC on the property; 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, the Wappinger Central School District has approved a PILOT agreement for
the project and the County of Dutchess is considering the PILOT agreement; and
WHEREAS, a Draft PILOT agreement has been provided to and reviewed by 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 $2,700 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; and
WHEREAS, for example in year one of the agreement the total PILOT would be $5,400
which would be allocated as follows: School $4,187.47, Town $702.14 and County $702.14; and
WHEREAS, the construction of a Solar Farm is consistent with the energy policies of the
State of New York; and
WHEREAS, the land on which this Solar Farm is constructed will continue to be used as
agricultural land and the rental income from the solar farm will provide income to continue the
agricultural use; and
WHEREAS, the Town Board believes that it is in the interest of the Town of Wappinger
to enter into the annexed PILOT agreement.
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
Old Myers NY LLC on behalf of the Town of Wappinger for a 2.00 MW AC Solar Farm on Tax
Parcel 6258-03-376432.
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: WITHDRAWN
Dated: Wappingers Falls, New York
10/10/2023
The Resolution is hereby duly declared Withdrawn.
JOSEPUP,/ PAOLONI, TOWN CLERK