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2007-073e P -j 2007-73 CCiPY Resolution to Authorize the 2007 Empire Zone Agreement 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 March 26t', 2007. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Joseph Ruggiero William H. Beale Maureen McCarthy Vincent F. Bettina Joseph P. Paoloni The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Beale. WHEREAS, New York State has created the Empire Zone Program which makes financial incentives available to qualifying business 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 2007; 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 determined that the 2007 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 2007. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: ABSENT JOSEPH P. PAOLONI, COUNCILMAN Voting: ABSENT MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE Dated: Wappingers Falls, New York 3/26/2007 The Resolution is hereby duly declared adopted. I � � L C. 21-& !► PkN C. M6kSTERSON,• GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P. ROBERTS THOMAS R. DAVIS LOUIS J. VIGLOTTI JOAN F. GARRETT** KAREN P. Mac NISH KEVIN T'. McDERMOTT ANGEL 1. FALCON ANTHONY M. DEFAZIO JAMES P. HORAN ADMITTED'rO PRACTICE INN) K H.A. "ADMITTI-D TO PRACTICE 1\ NN \ CONN. March 19, 2007 VERGILIS, STENGER, ROBERTS & DAMS, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (845) 298-2000 1 -Ion. Joseph Ruggiero, Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 FAX (845) 298-2842 www.vsrp.coni e-mail: infoovsrp.com Re: Empire Zone Agreement for 2007 File No. 12951.0622 Dear Joe: LEGAL ASSISTANT: AMY E. DECARLO CLOSING COORDINATOR: SUSAN E. CAFFINE POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (845) 452-1046 NEWBURGH OFFICE 299 N. PLANK ROAD, SUITE, 106 NEWBURGH, NY 12550 (845)567-3783 Enclosed herewith please find Resolution Authorizing you to sign the Contract for the 2007 Empire Zone Agreement. Please note that the Empire Zone Administrative Board adopted a policy that requires the participating municipalities to share equally in the local share of the budget. I take that to mean regardless of the amount of involvement that the municipality has with EDZ. The share of cost will be the same for each participating municipality. Very truly yours, VERGILIS, STENGER, ROBERTS & DAVIS, LLP ALBERT P. ROBERTS APR/so Encl. O:\Wappinger\Town Board\Empire Zone\031907 transmittal letter to Ruggiero re Resolution.doc 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, LI1G E111i.111G LV11G Ciu1ll1111J L1 aL1V 1.. IJVRlu 11(iJ auvY «.0 u it+v'V1i Ul+'r./vl'llithat 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. Page ] of 2 r 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 2007 shall be $18,433. 8. This agreement shall terminate on December 31, 2007. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Approved: Title: Chairman Poughkeepsie Dutchess Development, Inc. supetviso Town of Wappinger Date Date Page 2 of 2