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2023-1342023-134 Amended 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 -2023-134 Yes/Aye No/Nay Abstain Absent 2 Adopted ❑ Adopted as Amended Richard Thurston Mover Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Seconder Q ❑ ❑ ❑ Al Casella Mover Q ❑ ❑ ❑ The following Resolution was introduced by Supervisor Thurston and seconded by Councilman Phillips. 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 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 $5,702.46 which would be allocated as follows: School $4,187.47, Town $702.14 $812.85 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: ADOPTED [UNANIMOUS] MOVER: Richard Thurston, Al Casella SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Dated: Wappingers Falls, New York 10/10/2023 The Resolution is hereby duly declared Adopted.