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2006-140,.? 2006-140C, I M, 'y 0 i Resolution Authorizing the Execution of the Empire Zone Agreement for 2006 between the Town of Wappinger and the Poughkeepsie/Dutchess Empire Zone 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 May 22°a, 2006. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Councilmembers - Robert L. Valdati Vincent F. Bettina (arrived at 7:37 PM) Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, New York State has created the Empire Zone Program which makes financial incentives available to qualifying businesses 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 2006; 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 r WHEREAS, the Empire Zone Administrative Board has determined that the 2006 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 2006. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE ROBERT L. VALDATI, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE Dated: Wappingers Falls, New York 5/22/2006 The Resolution is hereby duly declared adopted. F�� , =— TOWN CLERK 05/04/2006 15:45 FAX 8454635401 DCEDC 200,3 RECEIVED JUN 2 7 2006 Agrecment TOWN CLERK This agreement made this 14 th day of J u n . 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 cif 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 prograrn 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 fmncial incentives; and WHEREAS, the benefits of the Empire Zone are significant for economic, development in the 'Town of Wappingers 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 WIMREAS, the Empire Zone Administrative Board has adopted a revenue policy, that 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. Page Iof2 05/04/2006 15:45 FAX 8454695401 DCEDC 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 clays, said fees payable to Poughkeepsie Dutchess Development, Inc. 7. Annual fees for the Town of Wappinger fiscal 2006 shall be $18,433. 8. This agreement shall terminate on December 31, 2006. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Ap oved: Title: Chairman Poughkeepsie Dutchess Development, Inc. R:2:1 v ` , S l rvis S of appinger Date 611A.106 Date4 4 v4 Page 2 of 2 10004 Anne N. Cunruy. Avidnrrurul CEO January 26, 2006 Joseph Ruggiero, Supervisor Town of Wappinger PO Box 324 20 Middlebush Rd Wappingers Falls NY 12590 Dear Supervisor Ruggiero: Changes in law enacted by the NYS legislature in 2005 regarding the Empire Zone program required the Poughkeepsie/ Dutchess Empire Zone to reconfigure its boundaries into a total of seven contiguous areas. Based on this requirement there will be fewer municipalities participating in the Zone's program in 2006. I am happy to write that in the Town of Wappinger the office buildings in Myers Corners Road complex as well as a building pad located at the site were included as a part of the latest zone boundary revision. We will be promoting these buildings on our web site and external marketing material. In addition Southeastern Container is grandfathered as an EZ company for the life of its benefit period, and able to claim all benefits and incentives of the program. For 2008, the Zone Administrative Board adopted a fee policy that the local share of the administrative fee will be shared equally among all participating municipalities. In accordance with the advisory letter I sent in November 2005, please consider this letter an invoice for $18,433 to the Town of Wappinger for your 2006 fiscal year and the Empire Zone administrative year terminating December 31, 2006. Checks may be made payable to Poughkeepsie Dutchess Development, Inc. Additionally, our counsel and auditors have advised. us that it is appropriate to execute a formal agreement with each community participating in the Empire Zone.. Therefore, we are enclosing an agreement for your consideration. Please sign and return the agreement to me, or contact me with any suggested changes Feel free to contact me with any questions or suggestions. Thank you again for your cooperation. Sincerely, PeterWinne Director of Technology Development cc: Dr. D. David Conklin Lynn Heuermann 3 Neprune Road Pwighkeepsie, New York 12601-5545 rel. 845.463.5400 FAX: 845.463.5401 BMA1L: dcedc@dcedcxom www.dcodc,com The p ggiww p.ouided by Ab gehey ere ps.gG,lly f . dad ! , me,.7 wrmrd from thr Coµnq of Nwhrn