2004-183RESOLUTION NO. 2004-183
RESOLUTION AUTHORIZING TOWN THE REASSESSMENT
SSMENT
A MUNICIPAL COOPERATION AGREEMENT R
OF PROPFrRTIES WITHIN THE TOWNS CS O NNTLY WITH OTHER TOWNS
IN DUTCHE
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 24th
day of May, 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
Council Members
ABSENT:
Joseph Ruggiero
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Ms. McCarthy and seconded by
Mr. Bettina
WHEREAS, by Resolution No. 2004-146, the Town Board authorized Town Supervisor,
Joseph Ruggiero, and the Town Attorney, Albert P. Roberts, to further explore and negotiate the
terms of arinter-municipal agreement with the Towns of Beekman, East Fishkill, Fishkill and
Poughkeepsie for the purposes of conducting a reassessment of all properties located within said
Towns, said reassessment to be completed in time for the creation of the 2007 Assessment Roll;
and
WHEREAS, since that Resolution was adopted, the City of Beacon and Town of
Langrange have also agreed to participate in such an inter -municipal agreement; and
CADocuments and Settings\Gina.WAPPINGER\Local Settings\Temporary Internet Files\OLK1A\Reassessment-Municipal Agt.doc
WHEREAS, a "Municipal Cooperation Agreement" has been prepared by the firm of
Van De Water & Van De Water, Attorneys to the Town of Fishkill, a copy of said Agreement is
attached hereto and made part hereof marked and designated Exhibit "A"; and
WHEREAS, the Town Board has determined that it is in the best interest of the citizens
of the Town of Wappinger to have the Town undertake a Town -wide reassessment of all
properties within the Town for purposes of achieving equitable assessments as required by
Article 3 of the Real Property Tax Law; and
WHEREAS, the Town Board has been advised that the participating municipalities,
acting jointly, may be able to reduce the costs of such valuation services; and
WHEREAS, the Town Board has elected to enter into the Municipal Cooperation
Agreement in substantially the same form as identified in Exhibit "A" attached hereto, pursuant
to Article 5-G of the General Municipal Law for the purposes of establishing the entity to be
known as the "Southern Dutchess County Reassessment Consortium", hereinafter referred to as
"SDCRC", for the purposes of identifying cooperative and economically beneficial methods for
producing new and equitable assessments for each of the participating municipalities; and
WHEREAS, each of the Town Board Members acknowledge that it has read the
Municipal Cooperation Agreement attached as Exhibit "A" and by adoption of this Resolution
has approved the form of said Agreement.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Municipal Cooperation Agreement attached as Exhibit "A" is hereby
approved as to form, except for the following corrections:
CADocuments and Settings\GinaMAPPINGER\Local Settings\Temporary Internet Files\OLK1A\Reassessment-Municipal Agt.doc
(a) any reference that the Town of Wappinger is hereby acting on behalf of
the Village of Wappingers Falls shall be deleted from said Municipal
Cooperation Agreement; the Town of Wappinger shall be acting for itself.
The Town Board hereby authorizes the Town Supervisor, Joseph Ruggiero, to
execute said Agreement in substantially in the same form as Exhibit "A", subject to the
corrections above noted and to take such other steps that are necessary to implement the
purposes and intent of said Agreement, it being understood that other municipalities in Dutchess
County may elect to join the SDCRC.
4. The Town Board hereby appoints the Assessor to the Town of Wappinger as the
Town of Wappinger's representative to the SDCRC subject to the direction of and any
instructions given by the Town Board to the Assessor (it is expressly understood that at present
Thomas Logan is the Acting Assessor to the Town of Wappinger pending the appointment of a
permanent Assessor by the Town Board).
5. The Members of the Town Board acknowledge that the Town Board shall have
the power and the authority to withdraw from the SDCRC up to the point at which the SDCRC,
with the consent of its constituent members, has entered into a joint contract for the reassessment
services provided.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Aye
ROBERT L. VALDATI, Councilman Voting Aye
VINCENT F. BETTINA, Councilman Voting Aye
JOSEPH P. PAOLONI, Councilman Voting Aye
MAUREEN MCCARTHY, Councilwoman Voting Aye
CADocuments and Settings\Gina.WAPPINGER\Local Settings\Temporary Internet Files\OLK1A\Reassessment-Municipal Agt.doc
Dated: Wappingers Falls, New York
May 24, 2004
The Resolution is hereby duly declared adopted.
CADocuments and Settings\GinaAAPPINGER\Local Settings\Temporary Internet Files\OLK1A\Reassessment-Municipal Agt.doc
MAY -21-2004 FRI 10;26 AM hAx No. V. uJ
MAY 12 104 12:07 FR URN D&JATER
845 452 5848 TO 6312564
•:ALL! � • ' • . :�Y.�:K��
P.02/12
AGREEMENT, made this day of , 2004, among the
city of Beacon, which maintains off ices at One Municipal Plaza,
Beacon, New York 12508, the Town of Beekman, which maintains,
offices at Town Hall, 4 Main Street, Poughquag, New York 12570,
the Town of $ant rishkill, which maintains offices at Town Hall,
330 Route 376, Hopewell Junction, New York 12533 (hereinafter
"East Fishkill"), the Tows of Fishkill, which maintains offices
at Town Hall, 807 Route 52, Fishkill, New York, 12524
(hereinafter "Fishkill"), the Town of poughkQ*Psie, which
maintains offices at Town Hall, 1 Overocker Road, Poughkeepsie,
New York, 12603 (hereinafter "Poughkeepsie"), the Village of
Fishkill, which maintains offices at Village Hall, Route 9,
Fishkill, New York, 1.2524 (hereinafter the "Village") and the
Town of Wappinger, which maintains offices •at Town Hall, 20
Middlebush Road, Wappingers Falls, New York, 1.2590, for itself
and the Village of Wappingers Falls, (hereinafter
%wappinger")(Collectively the "Municipalities").
WHEREAS, the Municipalities have independently determined
that each of them wishes to obtain the professional services of
an expert to value the properties within each municipality to
achieve equitable assessments as required by Article 3 of the
Real Property Tax Law•; and
MAY -21-2004 FRI 10:26 AM
a
MAY 12 '04 12:07 FR UAN DE,;TER
FAX N0,
845 452 5648 TG 8312564
W14EREAS, the Assessors of the Municipalities, after
P. &7/12
discussions among themselves, have advised the boards of the
Municipalities that, acting jointly, the Municipalities may be
able to reduce the cost of such valuation services; and
wHEREAS, the Municipalities have determined to enter into a
P, 02
municipal cooperation agreement, pursuant to General Municipal
Law Section 119-0, to establish the Southern Dutchess County
Reassessment Consortium ("SDCRC") in order to identify
cooperative and economically beneficial methods for producing new
and equitable assessments for each of theme and
WHEREAS, each of the Municipalities has approved the form of
this agreement by a majority vote of the voting strength of its
governing body.
NOW, THEREFORE, for good and valuable consideration, the
receipt or existence of which is hereby acknowledged, the
Municipalities agree as follows -
1. The SDCRC is hereby established with each of the
Municipalities as a full voting member for the purpose of
procuring economically beneficial joint proposals for
reassessment services and for working together to obtain new
equitable assessments for all properties in each Municipality.
2. Each of the Municipalities shall be a voting member of
the governing board of the SDCRC, and a majority vote of the
Page 2 of 11
• MAY -21-2004
FRI
1027 Aft
hRX NU. r. UJ
1. 1 MAY 12
'04
12.07 FR UAN DEWATER
845 452 5848 TO 6312964 P.04/12
voting strength of such board shall be binding on the SDCRC with
regard to every matter of joint interest to the members of the
SDCRC, including, without limitation, the issuance of an RFP for
Cm te-�rQ�kx o 0%.0
reassessment services, the selection of a and the price
for such services, and the manner and procedures to be used in
the accomplishing the reassessment.
3. Every member municipality of the SDCRC shall have the
power to withdraw from the SDCRC up to the point at which the
SDCRC, with the consent of its members, has entered into a joint
contract for reassessment services. Each member municipality may
choose to act independently to retain reassessment services
through the Joint RFP process to be implemented by the SDCRC.
4. The Assessor of each Municipality shall be appointed to
represent his or her respective municipality on the board of the
SDCRC, and each such representative shall be gubject to the
direction of the governing body of the representative's
municipality. Each member municipality mhall have the power to
temporarily appoint a non -Assessor to be its representative in
the event the position of Assessor in that munf.eipality is
temporarily vacant or that municipality's As®essor is unable to
perf arm the duties of board member.
S. The Board of the SDCRC shall have the following powers:
a. to prepare, advertise and distribute a request for
Page 3 Of: 11
MAY -21-2004 FRI 10;27 AM M NO. V. U4
MP( 12 '04 12:08 FR UAN DEWATER 945 452 5848 TO 8312964 F.05/12
proposals ("RFP') for reassessment services on
behalf of the SDCRC and its members taking care to
elicit proposals for the whole consortium and its
individual members and declaring the power of any
member to withdraw from the consortium prior to
.execution of a joint contract for services; and
b. to review proposals from providers, modify and
adjust the terms of any proposal and enter into a
contract for services for all members of the SDCRC
which have approved its terms, it being
understood, however, that no municipality may be
bound by such a contract until its governing board
has approved entering into such contract
C. to act as Project Administrator under any contract
for reassessment services and to manage and
monitor the performance of the selected provider
under such contract, except that issues or
questions limited in scope to a single
municipality, shall be determined by the Assessor
for that municipality.
6. Each municipality acknowledges and agrees that its
Assessor shall be heavily involved and occupied by the joint
efforts of the SDCRC in managing the reassessment process both
Page 4 of 11
MAY -21-2004 FRI 10:27 AM
MAY 12 '04 12109 FR URN DEWATER
FAX NO,
845 452 584E TO 8312964
cross the breadth of the SDCRC and in each Assessor's
municipality.
P.06/12
7. The general expenses of the SDCRC shall be shared pro
P. 05
rata among the member municipalities, but expenses related solely
to the reassessment process in a single municipality shall be
borne by the municipality, and each municipality agrees to pay
such expenses within 30 days of presentation to it of an invoice
approved by the SDCRC and/or, as appropriate, its Assessor.
a. The term of this agreement shall be
through the completion, or abandonment, of the SDCRC efforts to
complete equitable reassessment.
9. MISCELLANEOUS MATTERS.
A. Nothing in this Agreement, express or implied, is
intended to confer upon any third -party any rights
or remedies under or by reason of this Agreement.
Each party represents that it is entering into
this transaction as principal for its own account
and not as an agent for any other party.
b. Each party will, at any time and from time to
time, at the request of any other party, make,
execute, acknowledge and deliver, or cause to be
done, all such further acts, deeds or ether
documents as may reasonably be necessary or
Page 5 of 11
MAY -21-2004 FRI 10:28 AM FAX N0. P. 06
ttY 13 104 12:08 FR UAh! DEWATER 845 452 5848 TO 6312964 P.07/12
appropriate to complete the transactions
contemplated by this Agreement.
C. This Agreement, together with the terms and
conditions in effect from time to time,
constitutes the entire agreement of the parties as
to the subJect matter hereof, supersedes all prior
understandings (whether written or oral) and may
not be amended or modified except by a written
document signed by both parties and stating that
it is intended to amend this Agreement.
d. Each party represents to the other party that it
has the power and authority to execute, deliver
and perform this Agreement, that all actions
necessary to authorize the execution, delivery and
performance of this Agreement have been duly
taken, that it has duly executed and delivered
this Agreement and that this Agreement is legal,
valid and binding on it, and enforceable against
it, in accordance with its terms.
e. This Agreement and the right, duties and
obligations contained herein shall be solely for
the benefit of the parties hereto and their
permitted assignees and transferees.
Page 6 of 11
MAY -21-2004 FRI 10;28 AM FAX N0. V, u1
MPP 12 '04 12.08 FR UPN DEWATER 945 452 5848 TO E=2964 P.08/12
f. The parties understand that the Supreme Court,
Dutchess County, New York, shall have exclusive
jurisdiction of any disputes arising therefrom and
that all disputes shall be tried before the Court
without a jury.
g. All notices and written communications between the
parties concerning this Agreement, except the
`,e q q 1L-* o mo
Town's invoices and Dewei"per', remittances, shall
be deemed to have been delivered upon receipt or
refusal of delivery to the addresses set forth
above.
h. The failure of any of the Municipalities to
insist, in any one or more instances, upon
performance'of any of the terms or conditions of
this Agreement, shall not be construed ae a waiver
or relinquishment of any rights or benefits
granted hereunder or the future performance of any
such term, covenant or condition.
CITY OF BUACON
By
Clara Gould, Mayor
page 7 of 11
MAY -21-2004 FRI 1028 AM MX NU. F. U8
MAY 12 '04 12:08 FR UAN DEWRTBR
845 452 5848 TO 8312964
TOWN OF BEEKKAN
By:
John Adams, Supervisor
TOWN OF PAST 7183MILL
BY
Peter Idema, Supervisor
TOWN OF FISIM=
By:
Joan A. Pagones, Supervisor
TOM OF POff(} MUSIE
By
Joseph Davis, supervisor
VILLAGE OF 11SM LL
BY
James Miccio, Mayor
F.09/12
TCWN OF WAPPINGER, for itself and the
village of Wappingers Falls
By
Joseph Ruggiero, supervisor
Page 8 of 11
MAY -21-2004
FRI
10:28
AM
MAY 12
104
12:09
FR QAN DEWATER
STATE OF NEW YORK )
) ss..
COUNTY OF DUTCHESS )
FAX N0.
845 452 5848 TO 012964
P.10/12
P. U9
On the day of , 2004, before me, the
undersigned, a netary public in and for said state, personally
appeared , personally known to me or proved to me,on
the basis of satisfactory evidence to be the individual(s) whose
name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person
upon behalf of which the individual(e) acted, executed the
instrument.
NOTARY PUBLIC
STATE OF NEW YORK )
) ss.:
COUNTY OF DUTCHESS )
On the day of , 2004, before me, the
undersigned, a notary public in and for said state, personally
appeared , personally known to me or proved to me on
the basis of satisfactory evidence to be the individual(a) whose
name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their capaeity(i.ee), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person
upon behalf of which the individual(s) acted, executed the
instrument.
NOTARY PUBLIC
STATE OF NEW YORK )
) se. .
COUNTY OF DUTCHESS )
On the day of , 2004, before me, the
undersigned, a notary public in and for said state, personally
appeared , personally known to or proved to me on
the basis of satisfactory evidence to be the individual(9) whose
name (s) is (are) subscribed to the within
inBtrument and
acknowledged to me that he/eche/theyexecuted
in
his/her/their capacity(ies), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person
upon behalf of which the individual(s) acted, executed the
instrument.
page 9 of 11
MAY -21-2004 FRI 10:29 AM
MAY 12 '04 12;09 FR UAN D& ATER
STATE OF NEW YORK )
) so.:
COUNTY OF DUTCHESS )
FAX Nu,
845 452 SS48 TO 8312964
NOTARY PUBLIC
V, iu
P.11/12
On the , day of , 2004, before me, the
undersigned, a notary public in and for said state, personally
appeared , personally known to me or proved to me on
the basis of satisfactory evidence
to be binthe-individual(s)
whose
name (s) is (are) subscribed to the
acknowledged to me that he/she/they executed the same in
his/her/their capacity(ieB), and that by his/her/their
signature(es) fwnhichltherument, the individtial(s)daotedalexecutedthe thepereon
upon behalf o
instrument.
NOTARY PUBLIC
STATE OF NEW YORK )
) ss.:
COUNTY OF DUTCHESS )
on the day of , 2004, before me, the
undersigned, a notary public in and for said state, personally
appeared , personally known to me or proved to me on
the basis of satisfactory evidence to be the individual(s) whose
name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their
signatura(s) on the instrument, the individual(s), or the person
upon behalf of which the individual(s) acted, executed the
instrument.
NOTARY PUBLIC
STATE OF NEW YORK )
) as.:
COUNTY OF DUTCHESS )
On the day of , 2004, before me, the
undersigned, a notary public in and for said state, personally
appeared , personally known to me or proved to me on
the basis of satisfactory evidence to be the individual(s) whose
name (a) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their capacity(i®s), and that by his/her/their
aigneture(s) on the instrument, the individual(s), or the person
Page 10 of 11
MAY -21-2004 FRI 10;29 AM
MAY 12 104 12:09 FR URN DEWATER
FAX N0.
e45 452 5845 TO 6312964
upon behalf of which the-individual(s) acted, executed the
instrument.
NOTARY PUBLIC
STATS OF NEW YORK )
) ss.:
COUNTY OF DUTCHESS )
P.12/12
On the day of , 2004, before me, the
undersigned, a notary public in and for said state, personally
appeared , personally known to me or proved to me on
the basis of satisfactory evidence to be the individual(s) whose
rname(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their
signatures) on the instrument, the individual(s), or the person
upon behalf of which the individual(s) acted, executed the
instrument.
NOTARY PUBLIC
x�wscoCSUKsktdi►t�NN+�� "p°
Page 11 of 11
VX TOTAL PAGE. 12 **