2002-327i
RESOLUTION NO. 2002-327
RESOLUTION OF SUPPORT AND CONCURRENCE WI'T'H THE
POUGHKEEPSIE/DUTCHESS EMPIRE ZONE
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 25th day of November, 2002, 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 -
Councilmen -
ABSENT:
Joseph Ruggiero
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Christopher J. Colsey
The following Resolution was introduced by Mr. Valdati 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 Economic Development Zone (now Empire Zone) which
has from time to time been amended and now includes lands within the Cites of Beacon
and Poughkeepsie; Towns of Dover, Fishkill, East Fishkill and Poughkeepsie; and
Villages of Fishkill and Wappingers Falls, and
WHEREAS, New York State has amended the zones program to increase
benefits, and
WHEREAS, Dutchess County wants to revise the zone boundaries to encourage
industrial and commercial development by excluding certain unsuitable lands located
within Towns of East Fishkill and Poughkeepsie and the Cities of Beacon and
Poughkeepsie; adding suitable lands within the Towns of Dover and Poughkeepsie and
the Cities of Beacon and Poughkeepsie; and by adding new territory within the Towns of
Amenia, Hyde Park and Wappinger, although the Towns of Amenia, Hyde Park and
Wappinger were not previously within the Empire Zone, and
WHEREAS, the Town of Wappinger is committed to the development of new
business within the proposed lands, and
WHEREAS, the Town of Wappinger wishes to support and concur with the
Empire Zone Revision Application.
NOW, THEREFORE, BE IT RESOLVED, That 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 Poughkeepsie/Dutchess Empire Zone Revision
Application as described in Dutchess County Local Law Resolution Number 202284, and
Dutchess County Resolution Number 202298 Requesting Boundary Revision for the
Poughkeepsie/Dutchess Empire Zone.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
Voting AWP
T
ROBERT L. VALDATI, Councilman
Voting Aye
VINCENT F. BETTINA, Councilman
Voting Aye
JOSEPH P. PAOLONI, Councilman Voting Aye_
CHRISTOPHER I COLSEY, Councilman Voting Aye
Dated: Wappingers Falls, New York
November 25, 2002
The Resolution is hereby duly declared adopted.
Dutchess County Economic Development Corporation
3 Neptune Rd.
Poughkeepsie NY12601
MEMO
To: Chief Elected Officers
Legal Counsel
Date: November 15, 2002
From: Anne N. Conroy
Subject: Empire Zone Boundary Revision
4*6
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NOV 2 A 2082
SUPEg�
myftopw4rviii;�ct
Thank you all for your cooperation to date regarding a revision to the Empire Zone
boundary for 2002.
I am forwarding to you the letter I have received from Tony DeRosa, Chief Assistant
County Attorney, detailing the procedures for the adoption of the proposed boundary
revision. I hope you will find the information you need to complete this process by the
middle of December. If you need anything further, please feel free to call Tony (486-
2110) or myself (463-5406).
I would be very interested in knowing the dates when you are planning to act on the
resolution. As usual, I will be available if you think it is necessary. Once again, I thank
you all for your cooperation.
Anne N. Conroy Empire Zone Director, phone 845-463-5406, fax 845-463-5401
anconroy@dcedc. com
VTA. FACSIMILE TO (845) 463-5401 AND REGULAR MAIL
November 15, 2002
Att: Anne Conroy, Zone Administrator
Poughkeepsie/Empire Zone
3 Neptune Road
Poughkeepsie, New York 12601
Re: Expedited Empire Zone Boundary Revision
Our File No. G-1065
Anne:
The Dutchess County Legislature is considering a recommendation of the Empire Zone
Administrative Board for Empire Zone Boundary Revisiom- You have advised that to insure
incentives for pending and anticipated projects, those revisions must become effective during
02002.
The expedited 2001 Boundary Revision process was developed based on discussions with
DatahessRobert Ryan, Deputy Counsel. to the New York State Department of Economic Development
eountySince there is once again a need to expedite the process, the successful 2001 Boundary Revision
.A,ttorneyshould serve as our model. You have asked me to summarize that process, as it would apply to
this boundary revision-
W1111am R. Stelnhans
County Executive General Municipal Law, Section 969(4) provides in pertinent part, that if a boundary
Lul G. Ma-no,u-td revision removes territory from an existing zone, that boundary revision can become effective no
County Attomey sooner than thirty_ (30) days after a public hearing on public notice. The date of the public
22 Market sit hearing is critical. It is the date from which the minimum thirty day period is measured. whether
P—shkeepsle or not any action. is taken on that day after the public hearing is closed
New York
12601
(845) 486-2110 General Municipal Law Section 961 requires an application for a zone designation, or by
Fru (845) 486-2002
implication a revision, pursuant to Section 969, be by Local Law. In addition, Section 969
5 requires a resolution requesting a boundary revision. If a resolution and local law are adopted
within thirty days of the public hearing, the proposed bound
ary revision may become effective as
soon as
thirty days niter the public hearing. If the resolution and local laware adopted after
thirty days have elapsed, the boundary revision can become effective no sooner than the date of
their adoption.
To meet the Board's goals, at the Dutehess County Legislature's October 16`x' meeting, a
local law amending the zone boundaries was laid on the desks of the Legislators in conjunction
with a resolution setting a public hearing on November 12th for the proposed boundary revision.
In addition, the County circulated for lead agency status with respect to the State Environmental
Quality Review Act aspects of the process.
.At its November 12th meeting the Legislature acted to declare itself lead agency, held a
public hearing on the boundary revisions, adopted a negative declaration, adopted the local law
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earlier laid on the desks and a boundary revision 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 revision request resolution.
The State advises that Dutchess County was treated as the primary applicant upon the
original request for zone designation; and that the Empire Zone's Designation Board awarded the
PocIghkeepsie/Dutehess Economic Development Zone designation to the County pursuant to
General Municipal Law §958(c). :As the original zone applicant seeking arevision (§961, §969)
the County's the only municipality that must act by local law to request a change in the Zone
boundaries and can be the only municipality 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
County 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 designation 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.
Under these circumstances, the Zone Board urged the Cities of Beacon and
Poughkeepsie, and the Towns' of Amenia, Dover, Hyde Park, East Fishkill, Fishkill,
Poughkeepsie and Wappinger, and the Villages of Fishkill and Wappingers Falls to adopt a
resolution, after a request from the County, consenting to the County serving as lead agency for
the boundary revision process. :Responses have been received from all. The County then
declared itself lead agency at its paeeting of November 12''. Now all municipalities are being
asked to 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. This resolution should be adopted in
November or early December. The County Legislature has acted and after executive action on
the local law and boundary revision resolution, the County's action will be complete except for
final submission of the application to the State.
Local laws previously adopted, may be subsequently amended or repealed for internal
consistency. However, in this bo?audary 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
thitty day period might be triggered from the date of that public hearing thembyieopardizing a
2002 boundary revision.
Very truly yours,
Anthony be R sa
Chief Assistant County Attorney
ADR,dt
enc.
cc: Robert Ryan, Deputy Counsel of NYS Dept. Of Economic Development
Richard Birch, Assistant Commissioner of Planning and Development
2
coo 91
Ci -1065
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CITY/ TOWN/ VELAGS OF
RESOLUTION Ok' SUPPORT AND CONCURRENCE
VV)iTH THE POUGMEEPSIE/DUTCHESS EMPIRE ZONE
(FORNMRLY EC;ONONHC 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 Dover,
Fishkill, East Fishkill and Poughkeepsie; ana Villages of Fishkill and Wappingers Falls, and
WHEREAS, New York State has amended the zones program to increase benefits, and
WHEREAS, Dutchess County wants to revise the zone boundaries to encourage industrial and
commercial development by excluding certain unsuitable lands located within Towns of East Fishkill and
Poughkeepsie and the Cities of Beacon and Poughkeepsie; adding other suitable lands within the Towns
of Dover and Poughkeepsie and the Cities of Beacon axed Poughkeepsie; and by adding new territory
within the Towns of Amenia, Hyde Park and Wappinger, although the Towns of Amenia, Hyde park and
Wappinger were not previously within the Empire Zone„ and
WHEREAS, the City/Town/Village of is committed to the
developrncnt of new business within the proposed lands, and
WHEREAS, the City/Town/Village of 'wishes to support and concur
with the Empire Zone Revision Application,, now, therefore, be it
RESOLVED, that the City/Town/village of Board, in its capacity as
the governing body of the City/Town/Village of _ _ does hereby support and
concur with the Poughkeepsie/Dutchess Empire Zone Revision Application as described in Dutahess
County Local Law Resolution Number 202284, and Dutchess County Resolution Number 202298
Requesting Boundary Revision for the Poughkeepsie/Dutchess Empire Zone.
Resolution was adopted on _, 2002.
Supervisor/Mayor CLERK
City/rownNillage of.-
0-1065
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