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Empire Zone Boundary Rivision -~ #. .." MEMO RECEIVED JAN 26 2004 To: Chief Elected Officers Legal Counsel SUPEF{\/ISOR'S OFFICE TOWN OF WAPPINGER . , " Date: January 23, 2004 From: Anne N. Conroy Subject: Empire Zone Boundary Revision The Empire Zone Administrative Board has initiated another limited revision to the Empire Zone boundary. The proposed local law has just been submitted to the Dutchess County Legislature. Each community where land is to be added or deleted in the zone must take formal action to concur with this revision. The four affected communities are the City of Poughkeepsie and the Towns of Poughkeepsie, Pawling and Wappinger. Those other communities where land will be neither added or deleted do not need to take any action. The County is expected to begin the formal process by circulating for lead agency on this Type 1 SEQR action at its February 9,2004 meeting and setting March 8 as the public hearing date for the boundary revision. Attached is a letter from Chief Assistant County Attorney Anthony De Rosa describing the revision process. Based on this letter and our revision schedule, we are asking that each affected community takes the following two actions: 1. After Legislative action on February 9 and no later than March 7, consent to Dutchess County as lead agency for the SEQR review. You will receive a separate request from the County with appropriate SEQRA documents seeking your consent. '2. Shortly after the March 8th Legislative public hearing, after a request from the' County, pass a concurring resolution endorsing the proposed boundary revision. The resolution should be based on the enclosed sample resolution. Take these actions separate and apart from any changes you may need to make to existing local laws regarding the Empire Zone boundary. For internal consistency any existing local laws may be amended or repealed but there is no requirement the State be advised of the actions taken on those local laws. Please let me know the dates of the meetings when the boundary revision will be acted upon. THANK YOU. -,. ''"' Attachments to EAF Empire Zone Boundary Revision December 2003 Description of action Changes to the boundary of the Poughkeepsie Dutchess Empire Zone will make it possible to add properties where incentives available through the zone Win stimulate economic development in the county. Other lands are being deleted wh&re property is unsuitable for zone benefits. The project action is the addition and deletion of these lands. The affected lands total 45 acres. The completion of this revision will facilitate the occupancy by private employers of 140,000 sf of commercial office space in the Town of Wappinger suitable for technology related employers. In addition, undeveloped property will be added in a proposed office park in the Town of Pawling where three buildings, totaling 300,000 sf of commercial space, also suitable for technology related businesses, are planned for development. Businesses to be recruited for this office park could create up to 500 jobs. This boundary revision also includes the addition of St. Francis Hospital, a major health provider and one of the largest employers in Dutchess County. Proposed capital improvements at the hospital are considered essential to the hospital. The hospital is an important community developm~nt project and after inclusion in the zone, capital credits will assist in raising the private funds necessary for the capital campaign. Part I. A. Site Description 1. The project includes 11 acres of land to be added and 34 acres of land to be deleted. The existing zone acreage is 1251 acres. After revisions, there will be 1228 designated acres. According to Empire State Development regulations, 51 acres remain allocated and may be assigned by the Poughkeepsie Dutchess Empire Zone at a later time. Properties to be deleted include: . 2.18 acres of primary waterfront parkland in the City of Poughkeepsie. . 28 acres of freight railroad r.o.w and tracks in the City of Poughkeepsie, not previously deleted when Conrail tracks were previously deleted n 2002, and where development is inconsistent with the development policies of the Empire Zone.. . A property of 1.4 acres in the Town of Poughkeepsie recently sold to Marist College for college use. Properties to be added include: . Two office buildings in the Town of Wappinger, totaling 286,000 sfwith 140,00,0 of vacant office space requiring incentives for recruitment of technology firms. , . i ~. , . 2.75 acres ofland in the Town of Pawling where a commercial office park is planned with construction of 300,000 sf of high quality office space. . St. Francis Hospital, Town of Poughkeepsie where $ 20 million of building renovations are planned. Undesign,ated acreage: . The 51.8 acres of excess lands deleted will be retained as a "land bank", facilitating the addition of properties in the zone when appropriate to advance the development policies. 2. Vacantlands to be added include 3 acres of forested area in the Town of Pawling: The remainder of the project is composed of existing structures. 3. The only undeveloped area being added characterized by Galway Farminton Complex, Hollis Chatfield Complex soils, and is well drained. 6. The Mary Tower Building on the property of the Vassar Brothers Medical Center is listed on the State Historic Register. This building will not be affected by the revision. The area of the Medical Center that is to be added is the footprint of existing medical buildings. 13. Sites deleted include a portion of Waryas Park a major recreation area for the City of Poughkeepsie. Sites to be added do not include recreation areas. 17. Urban lands to be added are served by public utilities. Undeveloped land in Pawling will require installation of water and sewage treatment facilities to support development. V.L/"-.L/V,* n.t\v .LV..1-' ri\.A o't""OO"UU" Vv VU ^.L .LU1'll'l!:n: ~U03 " January 21, 2004 D';;:::: General Municipal Law, Section 969(4) provides in pertinent part, that if a boundary Attorney revision removes tenitory from an existing zone, that boundary revision can become effective no William R. Steinh3llS sooner than thirty- (30) days after a public hearing on public notice. The date of the public County Executive hearing is critical. It is the date from which the minimum thirty day period is measured whether Ian G. MacDol1Ald or not any action is taken on that day after the public hearing. Count)' Attotlley '}.'l M k S General Municipal Law Section 961 requires an application for a zone designation, or by " I?:~~ee~:~~ implication a revlsion, pursuant to Section 969, be by Local Law. In addition, Section 969 New York requires a resolution requesting a boundary revision. If a resolution and local law are adopted (845) 486~;~~~ within thirty days ofilie public hearing, the proposed boundary revision may become effective as Fa...:. (845) 486-2002 soon as thirty days after the public hearing. If thc resolution and local law are adopted after thirty days have elapsed~ tho boundary revision can become effective 110 sooner than the date of their adoption. To meet the Board's goals, a locallaw amendinl the zone boundaries will be laid on the desks of the Legislators at the Legislature's February 9 meeting in conjunction with resolutions setting a date for a public hearing for March 8th for the proposed boundary revision and circulating for lead agency status for the County in this boundary revision process. At its March 8th meeting we anticipate the Legislature will act to declare itself lead agency, hold a public hearing on the boundary revisions, adopt a negative declaration~ adopt the 10ca11aw earlier laid on the desks, lmd a boundary request resolution.. Promptly thereafter. the County Executive will hold a public hearing on the local law, as required by the Municipal Home Rule Law and act on the local law and boundary revlsion request resolution. http:\\ww'W.dutches5ny.gov ,01/21/04 WED 15:18 FAX 8454862002 DC CO ATIORNEY 141004 ", The State advises that Dutchess County was treated as the primary applicant upon the original request for zone designation; and that tbe Empire Zone's Designation Board awarded the Poughkeepsie/Dutchess Economic Development Zone designation to thc County pursuant to General Municipal Law ~958(c). As the original zone applicant seeking a revision (g961, 9969) the County is the only municipality that must act by local law to request a change in the Zone bOllndaries and can be the only mLlnicipality to hold a public hearing to consider the boundary revision because territory is to be deleted from the zone. All other affected municipalities within the Zone, as presently defined or proposed, must act by resolution either prior to or following CotuIty action on the local law and boundary revision resolution. General Municipal Law ~961 provides "_.. that a County shall not be authorized and empowered to apply for a designati.on of an area as an Empire Zone unless such action is concurred in by the governing body of each city, town or village in which such zone is located. This proposed boundary revision will affect only the City of Poughkeepsie and the Towns of Poughkeepsie, Wappinger and Pawling. Therefore these municipalities are being asked to: 1) adopt a resolution, after a request from the County, which will come after the Legislature's February 9 meeting, consentiI?-g to the County serving as lead agency for the botmdary revision process. The County. may then declare itself lead agency at its meeting of March 8th; and 2) upon request, after the County Legislature has acted on March 8, subject to executive action on the local law and boundary revision resolution which will complete the County's action, adopt a concurring resolution, which may be without a public hearing, consenting to the application to revise the Zone Boundaries. A sample concurring resolution adapted from a State model and acceptable to the State is enclosed. Local laws previously adopted, may be subse.quently amended or repealed for internal consistency. However, in this boundary revision process, there is no requirement the State be advised of the actions taken on those local laws. In fact, were a public hearing on one of those local laws to be confused with the public hearing held by the County as the applicant, a new thirty-day period might be biggered from the date of that public hearing thereby jeopardizing a timely boundary revision. Very truly yours, ~.~ Anthony De Rosa Chief Assistant County Attorney ADR:dt ene. cc: Robert Ryan, Deputy Counsel ofNYS Dept. Of Economic Development Richard Birch, Assistant Commissioner of Planning and Development U.l. n:.l I U4 "J:.V.lO: HI ,t<"iU. ~404~U"UU" VI,; L:U AT1"U.t<l'Un: ~ UUI) CITYITOWNNILLAGE OF RESOLUTION OF SUPPORT AND CONCURRENCE WITH THE POUGHKEEPSIE/DUTCHESS EMPIRE ZONE (FORMERLY ECONOMIC DEVELOPMENT ZONE) REVISION APPLICATION Introduced by: 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 Economic Development Zone (now 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, East Fishkill, Fishkill, Hyde Park, Poughkeepsie and Wappinger; and Villages of Fishkill and Wappingers Falls, and WHEREAS, Dutchess County wants to revise the zone boundaries to encourage industrial and commercial development by excluding certain unsuitable land located within the City of Poughkeepsie and Town of Poughkeepsie, and adding other suitable land within the City of Poughkeepsie, Towns of Poughkeepsie and Wappinger, and adding new territory within the Town of Pawling, although the Town of Pawling is not currently in the Empire Zone, and WHEREAS, the CityfTownlVlllage of the development of new business within the proposed lands, and is committed to WHEREAS. the CitylTownNillage of wishes to support and concur with the Empire Zone Revision Application, now, therefore, be it RESOLVED, that the Cityrrown/Village , in its capacity as the governing body of the CitylT ownMllage of , does hereby support and concur with the Poughkeepsie/Dutchess Empire Zone Revision Application as described in Dutchess County Local Law Resolution Number and Dutchess County Resolution Number Requesting Boundary Revision for the Poughkeepsie/Dutchess Empire Zone. Resolution was adopted on _,2004. CLERK Supervisor/Mayor CitylTownlVlllage of: 0.1065 PART 1-PROJECT :INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist hi determining whether the action proposed may have a significant eft,. on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be conside\ as part of the application for appro"val and may be subject to further verification and public rev!ew. Provide any additional information you believe will be needed to complete Parts 2 and 3. . It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify' each instance. . NAME OF ACTION Sixth revision to Poughkeepsie/Dutchess Empire Zone LOCATION OF ACTION (Include Street Address, Municipality and County) NAME OF APPUCANTISPONSOR Poughkeepsie/Dutchess Empire Zone ADDRESS . 3 Neptune Road CITY/po . poughkeeps i e NAME OF OWNER (If different) NA . ADDRESS NA CITYIPO NA BUSINESS TELEPHONE ) -5400 ZIP CODE ZIP CODE DESCRIPTION OF ACTION See attached ) Please Complete Each Question-Indicate N.A. if not applicable A. Site Description See Att,!ched Physical setting ofoveraJl project. both developed and qndeveloped areas. 1. Present land use: XJOrban ~lndustriaJ tJCommercial DResidential (suburban) DForest OAgriculture OOther 332 DRural (non-farm) 2. Total acreage of project area: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Article5 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) 3. What is predominant soil type(s) on project site? a. Soil drainage: DWell drained 1 % % of site oPoorly drained % of site b. If allY agricuJ~uralland is involve(, how many acres of soil are classified within soil group 1 through 4 of the Nl ~ land Classification System? n' _ acres. (See 1 NYCRR 370). . 4. Are there bedrock outcroppings on project site? DYes IXlNo a. What is depth to bedrock? (in feet) 2 acres. PRESENTLY 34 acres AFTER COMPLETION 25 acres acres acres acres acres acres acres acres acres acres acres acres acres 298 acres 307 acres DModerately well drained 99 % of site 2. How much natural material (Le., rock; earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed? DYes "DNa I]N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? DYes DNa c. Will upper subsoil be stockpiled for reclamation? DYes DNa 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? NA acres. 5. will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? DYes ~No - 6. If single phase project Anticipated period of construction NA months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase mO'.:lth d. Is phase 1 functionally dependent on subsequent phases? DYes 8. Will blasting occur during construction? DYes DNo NA 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? NA tons/cubic yards .year, (including demolition). year. oNo NA ..: DYes (]No If yes, explain 12. Is surface liquid waste disposal involved? DYes oNo NA a. If yes,.indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is,subsurfaceliquid waste disposal involved? . DYes oNo Type NA 14. Will surface area of an existing water body increase or decrease by proposal? DYes ~No E~plain 15. Is project or any portion of project located in a 100 year flood plain? DYes lXINo 16. Will the project generate solid waste? DYes' . oNo NA a. If yes, what is the amount per month" tons b. If yes, will an existing solid waste facility be used?' DYes oNo c. If yes, give name ; location d. Wilt any wastes not go into a sewage disposal system or into a sanitary landfill? DYes .DNo e. If Yes, explain J 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? . 18. Will project use herbicides or pesticides? . . 19. Will project routinely produce odors (more than one hour per day)? DYes 20. Will project produce operating noise exceeding the local ambient noise levels? 21. Will project result in an increase in energy use? DYes oNo NA If yes . indicate type(s) 22. If water supply is from wells, indicate pumping capacity" NA DYes oNo NA tons/month. years. DYes oNo NA oNo NA . DYes oNo NA gal lons/m in ute. 23"" Total anticipated water usage per day ga.llons/day. 24. Does project involve Local, State or Federal funding? l]JYes DNo If Yes, explain The Administrative Budget of the EMpire Zone is supported by local and State funds. Local Law No. of 2004 RE: LOCAL LAW NO. OF 2004, A LOCAL LAW AMENDING LOCAL LAW NO.2 OF 1994, AS AMENDED BY: LOCAL LAW NO. 4 OF 1995, LOCAL LAW NO.4 OF 1996, LOCAL LAW NO.4 OF 1998, LOCAL LAW NO.3 OF 1999, LOCAL LAW NO.9 OF 2001, LOCAL LAW NO.6 OF 2002, AND LOCAL LAW NO.1 OF 2003, REVISING THE BOUNDARIES ESTABLISHED THEREIN FOR A CERTAIN EMPIRE ZONE IN DUTCHESS COUNTY BY EXCLuDING CERTAIN UNSrnT ABLE LAND AND ADDIN6 OTHER':SUITABLE LAND TO SUCH EXISTING EMPIRE ZONE. ~'. BE IT ENACTED by the County Legislature of the County of Dutchess, State of New York as follows: Section 1. It is hereby determined that an application to revise the boundaries of the Empire Zone, as designated by the State of New York on July 27, 1994, and as thereafter subsequently amended to exclude certain unsuitable land located within the City of Poughkeepsie and Town of Poughkeepsie and add other suitable land within the City of Poughkeepsie, Towns of Poughkeepsie and Wappinger, and to add new territory within the Town of Pawling, as hereafter set forth, is desirable, and the Dutchess County Executive is authorized to submit such application to New York State. Section 2. Local Law No.2 of 1994, as amended by: Local Law No.4 of 1995; Local Law No.4 of 1996; Local Law No.4 of 1998; Local Law No.3 of 1999; Local Law No.9 of 2001; Local taw No.6 of 2002; and Local Law No.1 of 2003 is hereby further amended by the addition of a new Section "4(h)" to read as follows: Section 4(h). The boundaries of the Empire Zone authorized by the State of New York on the 21h day of July 1994, as described in Schedule A of Local Law No. 2 of 1994, as revised by the State of New York on the 1h day of November 1995, as described in Schedule B of Local Law No.4 of 1995, as revised by the State of New York on the 1dh day of September 1996, as described in Schedule C of Local Law No.4 of 1996, as revised by the State of New York on the 25th day of September 1998, as described in Schedule D of Local Law No. 4 of 1998, as revised by the State of New York on the 22nd day of July, 1999, as described in Schedule E of Local Law No.3 of 1999, as revised by the State of New York on the 20th day of December 2001, as described in Schedule "F" of Local Law No. 9 of 2001, as revised by the State of New York on the 1 Efh day of December, 2002 as described in Schedule G of Local Law No.6 of2002 as revised by the State of New York on the 9th day of April 2003 as described in Schedule H of Local Law No. 1 of 2003 are to be hereby amended by excluding certain unsuitable land located within the City of Poughkeepsie and Town of Poughkeepsie and adding other suitable land within the Towns of Poughkeepsie and Wappinger, as well as by adding new territory located in the Town of Pawling, although the Town of Pawling was not previously in the Empire Zone, as fUrther set forth on Schedule "I" attached hereto. The final Empire Zone boundaries resulting therefrom are shown in their entirety on the maps attached hereto as Schedule "1-1" consisting of 13 pages. Section 3. All other provisions of Local Law No.2 of 1994, as amended are unchanged. Section 4. This Local Law shall take effect on filing with the Secretary of State as provided by the Municipal Home Rule Law. Schedule I Poughkeepsie Dutchess Empire Zone Boundary Revision Property List Grid Number Property Address EZ Acreage Easting Northing Partial Coordinate Partial Coordinate X y Town of Pouahkeepsie Deletion 6162-05-035776 30 Fulton Av 1.20 610350 627760 Total Deletions 1.20 INet New Acreage 1.82 Town ofWappinaer Addition 6258-03-350303 155-179 Myers Comers Rd Partial 3.22 661219.40 1008214.45 Total Additions 3.22 Town of Pawlina Addition 7056-00-611351 US Route 22 Partial 2.75 744162.30 989060.02 Total Additions 2.75 Page 2 of 2 1/9/2004 Poughkeepsiel Dutchess Empire Zone Preliminary Boundary Revision Number 8 January 2004 .. ~ DUtchess ('.Ounty Department of Planning .DevelQIHnent GIS/Graptalc:s Schedule I-I Index Map Not To Scale .. ~ City of Poughkeepsie Legend Existing _ Addition~~ D I t. l;i:i;i:l;1;j;i;i:~;i;i:i:j:1 e elan :':':':.:.:.:.:.:.:.:.:.:.: ^ (I, ''^ -' , , '" ' .,:,'" ::, ,. ' -'. _ 'I "!Or., I(~, , . 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