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2004-102RESOLUTION NO. 2004- 102 RESOLUTION AUTHORIZING PARTICIPATION IN THE FINANCIAL ASSISTANCE TO BUSINESS PROGRAM AND THE FILING OF AN APPLICATION WITH THE NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION 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 the 23rd day of February, 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: ABSENT: Supervisor Council Members Joseph Ruggiero Robert L. Valdati Ammmomrnftx Joseph P. Paoloni Maureen McCarthy Vineent Bettina The following Resolution was introduced by Ms. McCarthy and seconded by WHEREAS, pursuant to the Clean Water/Clean Air Bond Act of 1996, being Chapter 413 of the Laws of New York of 1996, the New York State Environmental Facilities Corporation ("EFC") through the Financial Assistance to Business Program ("FAB Program") is authorized to provide state assistance to villages, towns, and cities with a population of less than one million, for small business environmental compliance assistance projects which enhance the quality of the air or waters of the State through compliance with environmental laws and regulations, or to remedy or prevent environmental deficiencies; and \\Vsrp03\Common\Wappinger\Town Board\RESOLUTION\Dry Cleaners - FAB Program.doc WHEREAS, the Town Board of the Town of Wappinger (hereinafter referred to as the "Municipality"), after due consideration, has determined that participation in the FAB Program is desirable and in the public interest. NOW, THEREFORE, BE IT BY THE TOWN BOARD OF THE TOWN OF WAPPINGER as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The filing of an application, or applications, with EFC for financial assistance under the FAB Program in the form required by EFC is hereby authorized, including all understandings and assurances contained in said application. 3. The holders of the following offices are directed and authorized as the official representative(s) of the Town of Wappinger to identify entities that will participate in the FAB Program, to execute and deliver said application(s), to execute and deliver any other documents necessary for participation in the FAB Program, to provide such additional information as may be required, and to take all actions on behalf of the Town of Wappinger as may be required in order to effectuate the intent and purpose of this Resolution: Title: JoseTh Ruggiern, Sill ervi snr Title: Joseph Paoloni, Councilman Title: Albert Roberts Atty to Town 4. EFC is hereby authorized, on behalf of the Municipality to deliver payments made pursuant to the FAB Program directly to the entities identified above, or such further entities as may from time to time be named by the officer(s) identified in Paragraph 3 above. \Wsrp03\Common\Wappinger\Town Board\RESOLUTION\Dry Cleaners - FAB Program.doc A certified copy of this Resolution shall be prepared and delivered to EFC as part of said application. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting A ye ROBERTL. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye MAUREEN MCCARTHY, Councilwoman Voting Aye Dated: Wappingers Falls, New York February 23, 2004 The Resolution is hereby duly declared adopted. r GL J. MORS 7 RK IN WITNESS WHEREOF, I hereunto -set my hand and the seal of the Town of Wapningpr Dutchess County, New York, thisy4"-/ay o , 2004. \\Vsrp03\Common\Wappinger\Town Board\RESOLUTION\Dry Cleaners - FAB Program.doc CERTIFICATE OF RECORDING OFFICER The undersigned certifies that the attached Resolution is a true and correct copy of Resolution No. #102 as regularly adopted at a legally convened meeting of the TOWN BOARD of the TOWN OF WAPPINGER duly held on the 23rcllay of February , 2004; and further that such resolution has been frilly recorded in the MINUTES in my office. IN WITNESS WHEREOF, I have hercunto signed my hand this clay of , 201 0 Signature of Rec rd' g f er TOWN CLERK. Title of Recording Officer Project No. (for EFC use only) Part 2 Equipment Information Use.a separate Part 2 Equipment Information Form (2 pages) for each machine or upgrade for which funding is requested. (Maximum 5 per business) Please provide the following information about the location of the equipment. 1. Facility Information (where the new or upgraded equipment is located) Facility Name (DSA if any) Facility Street Facility City/State Facility Zip Code Facility Telephone Facility Fax 1 ,:;, r�� T`fS- 2� T— 0-4--7tq� Name of Municipality where facility is located: (If you do not know this information... please contact your local government) County: c /Xg-3 City (if any): Town:,/ Village (if any): 2. New Installed Equipment Information (machine or upgrade kit as appropriate) Equipment Manufacturer Equipment Model Number Equipment Serial Number Date Equipment Purchased Date Equipment Installed Capacity of Equipment (in lbs.) Please Circle Type of New Equipment PERCNon-PERC If Non-PERC, please specify type'►'i�rr) c-- • (such as petroleum, carbon dioxide, green earth, rynex, etc.) 7 Background New York State Environmental Facilities Corporation (800) 200-2200 Within NY State (518) 486-9246 Fax: (518) 486-9248 625 Broadway, Albany, New York 12207-2997 Thomas J. Kelly President FAB DRY CLEANER PROGRAM MUNICIPAL FACT SHEET • The Financial Assistance to Business ("FAB") Dry Cleaner Program is intended to help dry cleaning facilities meet the financial burden of complying with new state air pollution regulations as set forth in 6NYCRR Part 232. Funds from the 1996 Clean Water/Clean Air Bond Act ("Bond Act") are being provided through the New York State Environmental Facilities Corporation ("EFC") for this purpose. FAB Dry Cleaner Program • Dry cleaning businesses that are small businesses with not more than 100 employees and that are located within New York State are eligible to receive State Assistance Payments from EFC under the FAB Dry Cleaner Program. However, state law requires that EFC's payments be made through the Municipality (city, town or village) in which the dry cleaner is located. • Municipal participation in the FAB Dry Cleaner Program is voluntary. However, if a municipality chooses not to participate, dry cleaners within its borders may be unable to receive financial assistance from EFC. How the FAB Dry Cleaner Program will work • EFC will mail application packets to dry cleaners consisting of an Application Form, Instructions, a State Assistance Contract ("Contract") and other documents. Dry cleaners will complete these forms and return them to EFC. The application requires the owner to give the physical location of the facility and certain information regarding the State Environmental Quality Review Act ("SEQRA"). • EFC will also mail application packets to municipalities consisting of this Fact Sheet, a FAB Program Municipal Application Form, a FAB Dry Cleaner Program Municipal Approval Form, a Dry Cleaner Application Form, and a draft Municipal Resolution. A municipality must adopt a resolution in order for dry cleaners located within the municipality to receive a State Assistance Payment from EFC. • The municipality then returns to EFC a completed Municipal Application and a certified copy of a duly adopted municipal resolution authorizing a municipality's participation in the FAB program. This resolution should contain the title of the municipal officer designated to work with EFC in administering the FAB program for the municipality. • Once EFC has received a completed Contract and Application with attachments from a dry cleaner, EFC will send a copy of this application together with a FAB Dry Cleaner Program Municipal Approval Form to the designated official of the municipal government for execution. State Environmental Quality Review Act (SEQRA) • An Application from a dry cleaner will not be considered complete until a proper SEQRA review has been performed. EFC will initially perform this SEQRA review for all projects. EFC anticipates that a significant number of FAB Dry Cleaner Projects will be TYPE II under SEQRA and that no further SEQRA review will be required. In the few remaining cases where EFC initially determines that the particular FAB Dry Cleaner Project requires a coordinated SEQRA review, EFC will contact the Municipality by letter, state the reasons why a coordinated review is needed, and request the Municipality to be the lead agency for purposes of the SEQRA review. Distribution of Funds • Once EFC has deemed the dry cleaner's application to be complete and has a signed FAB Dry Cleaner Program Municipal Approval Form from the municipality, the project is ready to be funded. If funds are available, EFC will draw a check made payable to the dry cleaners. The designated municipal official is notified by mail that the check has been sent. • The final step is for EFC to mail the check to the dry cleaner. Applications from dry cleaners for the FAB Dry Cleaner Program must be post marked by March 31, 2004. The earlier a municipal application is received, the sooner dry cleaners within that municipality can receive funding. 2 New York State Environmental Facilities Corporation Thomas J. Kelly, President tf �* Dear Municipal Official: To'vVfV 'F'APPfNt The New York State Environmental Facilities Corporation (EFC) bias extended the 1996 Clean Water/Clean Air Bond Act Program called the Financial Assistance to Business (FAB) Dry Cleaner Program. The FAB Dry Cleaner Program is designed to help dry cleaners comply with new state air pollution regulations set forth in 6NYCRR Part 232. Dry cleaners that employ not more than 100 people and are located in the State of New York, are eligible. However, state law explicitly requires that dry cleaners can only receive Bond Act funds through the municipalities in which they are located. In order to inform municipalities about the FAB Dry Cleaner Program, EFC is providing the enclosed materials: FAB Dry Cleaner Program Municipal Fact Sheet FAB Program Municipal Application FAB Dry Cleaner Program Municipal Approval Form Draft Municipal Resolution Dry Cleaner Application Form (Part II) While a municipality's participation in the FAB Dry Cleaner Program is voluntary, dry cleaners located in municipalities that decline to participate may riot be able to receive state assistance. EFC has endeavored to reduce the burden imposed upon municipalities to the minimum allowed under state law. Applications from dry cleaners for the FAB Dry Cleaner Program must be postmarked by March 31, 2004. The earlier a municipal application is received, the sooner dry cleaners within that municipality can receive funding. If you have any questions regarding the FAB Dry Cleaner Program application materials that are not answered by the municipal fact sheet, please call EFC at 1-800-200-2200 during normal business hours. §irperely yours, Laurie A. Allen FAB Program Manager Enclosures 625 Broadway, Albany, New York 12207-2997 518.486.9246 ' 800.200.2200 www.nysefc.org