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2004-294RESOLUTION NO. 2004-294 RESOLUTION AUTHORIZING THE EXECUTION OF THE EMPIRE ZONE AGREEMENT FOR 2005 BETWEEN THE TOWN OF WAPPINGER AND THE POUGHKEEPSIE/DUTCHESS EMPIRE ZONE At the 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 the 25th day of October, 2004, at 7:30 p.m. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Council Members - Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Mr. Paoloni and seconded by Mr. Bettina WHEREAS, New York State has created the Economic Development Zone program to encourage industrial and commercial development in selected municipalities across the State; and WHEREAS, Dutchess County, as an eligible municipality, received a designation for the Poughkeepsie/Dutchess Empire Zone which has from time to time been amended and now includes lands within the Cities of Beacon and Poughkeepsie; Towns of Amenia, Dover, Fishkill, East Fishkill, Hyde Park, Poughkeepsie and Wappinger; and the Villages of Fishkill and Wappingers Falls; and CADocuments and Settings\Gina.WAPPINGER\Local Settings\Temporary Internet Files\OLK1A\Empire Zone-Agreement.doc 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 2005; 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 anticipates that the 2005 administrative fee that is to be requested of the Town of Wappinger will be $21,500.00; and WHEREAS, the Town Attorney, Albert P. Roberts, has reviewed and approved of a draft agreement between the Empire Zone Administrative Board and the Town of Wappinger obligating the Town of Wappinger to remit a $21,500.00 administrative fee for the calendar year 2005. 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, does hereby support and concur with the Empire Zone Agreement CADocuments and Settings\Gina.WAPPINGER\Local Settings\Temporary Internet Res\OLKWEmpire Zone-Agreement.doc between the Empire Zone Administrative Board and the Town of Wappinger and agrees to enter into same and further directs Town Supervisor, Joseph Ruggiero, to execute same in substantially the same form as attached hereto as Schedule "A". 3. Following execution of the Empire Zone Agreement, the Town Board of the Town of Wappinger further authorizes payment of the sum of $21,500.00 to the Empire Zone Administrative Board in full satisfaction of the Town of Wappinger's administrative fee for calendar year 2005. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting —ye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye MAUREEN McCARTHY, Councilwoman Voting Aye Dated: Wappingers Falls, New York October 25, 2004 The Resolution is hereby, fduly declared adopted. DEPUTY TOWN CLERK CADocuments and Settings\GinaNAPPINGER\Local Settings\Temporary Internet Files\OLMA\Empire Zone-Agreement.doc Ronald W. Coan, Ec.D, President and CEO September 27, 2004 Joseph Ruggiero Supervisor, Town of Wappinger P.O. Box 324, 20 Middlebush Road Wappingers Falls, New York 12590 Dear Supervisor Ruggiero: Thank you for your continuing support of the Poughkeepsie Dutchess Empire Zone. Since the Zone has been extended to include properties in the Town of Wappinger, investment in those zone properties has totaled $40 million dollars. There are ninety-eight individuals employed in four certified businesses in the Town of Wappinger. Half of those jobs were created during 2003. The recent inclusion of all the buildings at Myers Corners Road has attracted an intense business interest in that property. Each year the Empire Zone Administrative Board develops a budget based on state and local matching support. Last year you signed an agreement with the Zone for the fiscal year July 1, 2003 through June 30, 2004. To better coordinate our budget planning with municipal budget support, we are changing to a calendar year and we are currently preparing a budget for the calendar year 2005. Based on current knowledge and our administrative fee policy, the Empire Zone Administrative Board anticipates the 2005 administrative fee that is to be requested of the Town of Wappinger will ance be $21,500. to The purpose urhsupportletter and your siis to gnature oyou n the ve closedice of this administrative draft agreement for 2005. fee, and to again request your You will receive a voucher for this fee in January 2005. We will continue to work hard to attract and support businesses in the Empire Zone properties in the Town of Wappinger. We appreciate your commitment to economic development and value your support in these activities. Please do not hesitate to contact me for additional information or assistance in this matter. Sincer , &A Anne N. Conroy Empire Zone Director 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 of Dutchess Agreemn nt 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 20 Middlebush Road, Wappingers Falls, New York. 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, attached to this agreement; 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 Iof each year, a statement of the administrative costs required of the Town for the following calendar year. 6. The Town of Wappinger will remit to the Empire Zone $21,500 as the total fee for the Empire Zone for 2005. Funds shall be payable to Poughkeepsie Dutchess Development Inc., on or before February 1 of 2005, or within 30 days of invoice. 7. This agreement shall terminate on December 31, 2005. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Approved: Date Title: Poughkeepsie Dutchess Development, Inc. Date Title: Town of Wappinger