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2009-080Resolution Authorizing the Town Supervisor to Contract with the Poughkeepsie Dutchess Empire Zone for 2009 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 February 9, 2009. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Bettina and seconded by Councilman Beale. WHEREAS, the Town of Wappinger annually supports and receives benefit from the Poughkeepsie Dutchess Empire Zone program; and WHEREAS, the Poughkeepsie Dutchess Empire Zone administrative body has submitted a request for funding for the 2009 fiscal year; and WHEREAS, the Town Board has appropriated the amount of Nineteen Thousand, Five Hundred Dollars and 00/100 ($19,500.00) within the adopted Town of Wappinger budget for fiscal year 2009 in budget line B6510.400 (Empire Zones Contractual); and WHEREAS, the Poughkeepsie Dutchess Empire Zone administrative body has submitted a request to formalize their agreement with the Town of Wappinger, through a letter dated January 26, 2009, a copy of which has been provided to the Town Board. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby directs the Town Attorney to review said Agreement prior to its execution by the Town Supervisor. BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Town Supervisor to execute such Agreement, in accordance with the advice of the Town Attorney, with the Poughkeepsie Dutchess Empire Zone program. BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the payment of Nineteen Thousand, Five Hundred Dollars and 00/100 ($19,500) from Town of Wappinger Budget Line B6510.400 (Empire Zones Contractual) for fiscal year 2009. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: ABSENT JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 2/9/2009 The Resolution is hereby duly declared adopted. i HN C. MASTERSON, TOWN CLERK Anne N. Conroy, President and CEO January 26, 2009 Poughkeepsie Dutchess Development Inc. Christopher J. Colsey Supervisor, Town of Wappinger PO Box 324 20 Middlebush Road Wappingers Falls, NY 12590 Dear Supervisor Colsey: As in previous years we are requesting payment towards the administrative funds for the Poughkeepsie Dutchess Empire Zone. Please consider this an invoice for $19,500, the minimum municipal fee, payable by the Town of Wappinger to the Poughkeepsie Dutchess Empire Zone. 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. Thank you again for your on-going support of the Poughkeepsie Dutchess Empire Zone. We believe that the Zone continues to benefit Dutchess County, including the Town of Wappinger. We will be collecting employment and investment information in late spring and will keep you informed of this information as it becomes available. Sincerely, Theresa M. Kelly Empire Zone Coordinator cc: Dr. D. David Conklin, Chairman, Empire Zone Administrative Board Lynn Heuermann, Dutchess County Economic Development Corp. 3 Neptune Road Poughkeepsie, New York 12601-5545 TEL: 845.463.5400 FAX: 845.463.5401 EMAIL: dcedc@dcedc.com www.dcedc.com The programs provided by this agency are partially funded by moneys received from the County ofDutcheu 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, 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. 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 year 2009 shall be $19,500. 8. This agreement shall terminate on December 31, 2009. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Approved: Date Title: Chairman Poughkeepsie Dutchess Development, Inc. Date Supervisor Town of Wappinger