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.
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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
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S l rvis
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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
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