2007-073e
P -j
2007-73
CCiPY
Resolution to Authorize the 2007 Empire Zone Agreement
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 March
26t', 2007.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
William H. Beale
Maureen McCarthy
Vincent F. Bettina
Joseph P. Paoloni
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Beale.
WHEREAS, New York State has created the Empire Zone Program which makes
financial incentives available to qualifying business that expand or locate within the Zone; and
WHEREAS, Dutchess County, as an eligible municipality, has received designation for
the Poughkeepsie/Dutchess Empire Zone which includes lands within the Town of Wappinger;
and
WHEREAS, the Empire Zone Administrative Board has the responsibility for the
successful implementation of the Empire Zone Program in Dutchess County, consistent with the
requirements of the New York State Department of Economic Development (hereinafter referred
to as "Empire State Development"); and
WHEREAS, Poughkeepsie Dutchess Development, Inc. is a not-for-profit corporation
with the responsibility for the implementation and administration of the Poughkeepsie/Dutchess
Empire Zone; and
WHEREAS, administration of the program is essential for an individual business to
obtain and maintain Empire Zone Certification, thereby making it eligible to receive the financial
incentives; and
WHEREAS, the benefits of the Empire Zone are significant for economic development
in the Town of Wappinger; and
WHEREAS, the Empire Zone Administrative Board annually adopts a budget deemed
sufficient to successfully administer the program; and
WHEREAS, the Empire Zone Administrative Board has prepared a budget for the
calendar year 2007; and
WHEREAS, the budget is based on the successful application for a grant from Empire
State Development and additional commitments from the municipalities benefiting from the
Empire Zone; and
WHEREAS, the Empire Zone Administrative Board has determined that the 2007
administrative fee that is to be requested of the Town of Wappinger will be $18,433.00; and
WHEREAS, the Town Attorney, Albert P. Roberts, attorney to the Town, has reviewed
and approved the proposed agreement between Poughkeepsie/Dutchess Development, Inc. and
the Town of Wappinger for the implementation and administration of the
Poughkeepsie/Dutchess Empire Zone, a copy of which Agreement is affixed hereto and made a
part hereof.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board of the Town of Wappinger in its capacity as the governing body
of the Town of Wappinger, has reviewed and examined the proposed Agreement between
Poughkeepsie/Dutchess Development, Inc. and the Town of Wappinger, in the form attached
herewith, supports and concurs with the provisions contained therein and agrees to enter into said
contract and further directs Town Supervisor, Joseph Ruggiero, to execute same in substantially
the same form as attached hereto.
3. Following execution of the Poughkeepsie/Dutchess Development, Inc.
Agreement, the Town Board of the Town of Wappinger further authorizes payment of the sum of
$18,433.00 as the annual fee for the Town's participation in said program for the calendar year
2007.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
ABSENT
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
ABSENT
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
Dated: Wappingers Falls, New York
3/26/2007
The Resolution is hereby duly declared adopted.
I � � L C. 21-& !►
PkN C. M6kSTERSON,•
GERALD A. VERGILIS*
KENNETH M. STENGER
ALBERT P. ROBERTS
THOMAS R. DAVIS
LOUIS J. VIGLOTTI
JOAN F. GARRETT**
KAREN P. Mac NISH
KEVIN T'. McDERMOTT
ANGEL 1. FALCON
ANTHONY M. DEFAZIO
JAMES P. HORAN
ADMITTED'rO PRACTICE
INN) K H.A.
"ADMITTI-D TO PRACTICE
1\ NN \ CONN.
March 19, 2007
VERGILIS, STENGER, ROBERTS & DAMS, LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
(845) 298-2000
1 -Ion. Joseph Ruggiero, Supervisor
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
FAX (845) 298-2842
www.vsrp.coni
e-mail: infoovsrp.com
Re: Empire Zone Agreement for 2007
File No. 12951.0622
Dear Joe:
LEGAL ASSISTANT:
AMY E. DECARLO
CLOSING COORDINATOR:
SUSAN E. CAFFINE
POUGHKEEPSIE OFFICE
276 MAIN MALL
POUGHKEEPSIE, NY 12601
(845) 452-1046
NEWBURGH OFFICE
299 N. PLANK ROAD, SUITE, 106
NEWBURGH, NY 12550
(845)567-3783
Enclosed herewith please find Resolution Authorizing you to sign the Contract for the
2007 Empire Zone Agreement.
Please note that the Empire Zone Administrative Board adopted a policy that requires the
participating municipalities to share equally in the local share of the budget. I take that to
mean regardless of the amount of involvement that the municipality has with EDZ. The
share of cost will be the same for each participating municipality.
Very truly yours,
VERGILIS, STENGER, ROBERTS & DAVIS, LLP
ALBERT P. ROBERTS
APR/so
Encl.
O:\Wappinger\Town Board\Empire Zone\031907 transmittal letter to Ruggiero re Resolution.doc
Agreement
This agreement made this day of , by and between the Poughkeepsie
Dutchess Development, Inc, a not-for-profit corporation with responsibility for
implementation and administration of the Poughkeepsie Dutchess Empire Zone
(hereinafter referred to as the Empire Zone Administrative Board) with administrative
offices at 3 Neptune Road, Poughkeepsie New York, and the Town of Wappinger, a
municipal corporation, with its principal place of business at PO Box 324, 20 Middlebush
Road, Wappingers Falls NY 12590.
WHEREAS the Empire Zone program is a New York State program which makes
financial incentives available to qualifying businesses that expand or locate in the zone;
and
WHEREAS the Empire Zone Administrative Board has the responsibility for the
successful implementation of the Empire Zone program in Dutchess County, consistent
with requirements of the New York State Department of Economic Development (herein
after referred to as Empire State Development); and
WHEREAS, administration of the program is essential for an individual business to
obtain and maintain Empire Zone certification, thereby making it eligible to receive the
financial incentives; and
WHEREAS, the benefits of the Empire Zone are significant for economic development in
the Town of Wappinger; and
WHEREAS the Empire Zone Administrative Board annually adopts a budget deemed
sufficient to successfully administer the program; and
WHEREAS the budget is based on the successful application for a grant from Empire
State Development and additional commitments from the municipalities benefiting from
the Empire Zone; and
-WHEREAS, LI1G E111i.111G LV11G Ciu1ll1111J L1 aL1V 1.. IJVRlu 11(iJ auvY «.0 u it+v'V1i Ul+'r./vl'llithat
each participating municipality shall share equally in the local share of the budget; and
Now, therefore, in consideration of the mutual covenants and promises contained therein,
the Town of Wappinger and the Empire Zone Administrative Board agree as follows:
1. Empire Zone staff will assist businesses in the Empire Zone in the Town of
Wappinger in completing certification documents and business annual reports and
will properly file such records.
2. Empire Zone staff will assist zone businesses in obtaining current information
regarding available incentives, including but not limited to the wage tax credit,
property tax refund, sales tax exemption, and income tax credit.
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3. Empire Zone staff will provide routine business services, such as references to
appropriate tax legislation, information regarding program changes, and referrals
to other economic development resources as part of its on-going program of
assistance to certified business.
4. Empire Zone staff will meet with property owners and/or representatives of
prospective developers to help present Empire Zone incentives, identify and
assess high priority development sites and the feasibility of Zone status of
individual sites.
5. The Empire Zone Board will provide to the Town of Wappinger by October 1 of
each year, a statement of the administrative costs required of the Town of
Wappinger for the following calendar year, based on the Empire Zone Board's
administrative fee agreement.
6. The Town of Wappinger will receive an invoice for annual Empire Zone
administrative fees and shall remit, within 30 days, said fees payable to
Poughkeepsie Dutchess Development, Inc.
7. Annual fees for the Town of Wappinger fiscal 2007 shall be $18,433.
8. This agreement shall terminate on December 31, 2007.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
Approved:
Title: Chairman
Poughkeepsie Dutchess Development, Inc.
supetviso
Town of Wappinger
Date
Date
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