2009-1992009-199
Resolution Authorizing Entry into Inter -Municipal Cooperation Agreement for Code
Enforcement Services with the Town of Union Vale
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 May 26,
2009.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale
ABSENT:
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, the Town of Wappinger seeks to enter into an Inter -Municipal Agreement
with the Town of Union Vale pursuant to Article 5 of the General Municipal Law, Section
381(2) of the Executive Law and Section 99-c of the General Municipal Law, whereby the Code
Enforcement Officers of the Town of Wappinger will be charged with the duty and responsibility
of administering and enforcing the Uniform Code and Energy Code of New York State, the
Zoning Code of the Town of Union Vale, as set forth in Chapter 210 of the Town of Union Vale
Code, and those provisions of the Town of Union Vale Code which are to be administered and
enforced by the Code Enforcement Officer, Deputy Code Enforcement Officer or Fire Inspector;
and
WHEREAS, the Town of Union Vale estimates that approximately five (5) hours per
week would be required to enforce the Uniform Code and Energy Code, and an additional five
(5) hours per week would be needed to administer and enforce the Zoning Code and the other
Code provisions of the Town of Union Vale; and
WHEREAS, the parties agree that this action will reduce the expenses of the Town of
Union Vale while at the same time providing revenue to the Town of Wappinger, which will be
sufficient to cover any additional costs incurred by the Town of Wappinger; and
WHEREAS, the parties have further determined that the arrangement for Code
Enforcement Services pursuant to this Agreement will be beneficial to all taxpayers in the Town
of Wappinger and the Town of Union Vale; and
WHEREAS, Albert P. Roberts, Esq. is the Attorney to the Town of Wappinger and to
the Town of Union Vale; and
WHEREAS, Mr. Roberts drafted the annexed Inter -Municipal Cooperation Agreement
at the direction of the Town of Wappinger and the Town of Union Vale, and said Agreement
accurately states the agreement of the parties; and
WHEREAS, the Town Board is satisfied with the services of the Town Attorney in the
drafting of this Inter -Municipal Cooperation Agreement; and
as reviewed the annexed Inter -Municipal Cooperation
WHEREAS, the Town Board h
Agreement and it is satisfied with the terms and conditions thereof.
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 hereby accepts the terms and conditions set forth and contained
in the "INTER -MUNICIPAL COOPERATION AGREEMENT FOR CODE
ENFORCEMENT SERVICES," a copy of which is annexed hereto as Exhibit
3. The Supervisor of the Town, Christopher J. Colsey, is hereby directed and
authorized to execute the "INTER -MUNICIPAL COOPERATION
AGREEMENT FOR CODE ENFORCEMENT SERVICES" on behalf of the
Town of Wappinger.
4. The Town Board authorizes and designates Supervisor Christopher J. Colsey to
execute any other necessary documents that are required with respect to the
Agreement.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
MAUREEN McCARTHY, COUNCILWOMAN Voting: ABSENT
JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
5/26/2009
The Resolution is hereby duly declared adopted.
J C. STERSON, TOWN CLERK
INTER -MUNICIPAL COOPERATION AGREEMENT
FOR
y
CODE ENFORCEMENT SERVICES
THIS AGREEMENT made this day of May, 2009, pursuant to Article 5-G of the
General Municipal Law, Section 381(2) of the Executive Law and 99-c of the General
Municipal Law, by and between
the TOWN OF WAPPINGER,
a municipal corporation of the State of New York,
having its principal offices at Town Hall,
20 Middlebush Road, Wappingers Falls, New York 12590,
and
the TOWN OF UNION VALE,
a municipal corporation of the State of New York,
having its principal offices at Town Hall,
249 Duncan Road, La Grangeville, New York 12540.
WITNESSETH:
WHEREAS, Article 5-G of the General Municipal Law, Section 381(2) of the
Executive Law and Section 99-c of the General Municipal Law authorize local
governments to enter into an Inter -municipal Service Agreement pursuant to which one
local government will provide code enforcement services to another local government
upon terms and conditions as agreed upon by the parties; and
WHEREAS, the Town of Wappinger has duly appointed Code Enforcement
Officers to enforce the State Uniform Fire Prevention and Building Code (commonly
known as the "Uniform Code") and the State Energy Conservation Construction Code
(commonly known as the "Energy Code") pursuant to Chapter 85 of the Code of the
Town of Wappinger; and
WHEREAS, the Town Code of the Town of Union Vale, Chapter 105,
specifically authorizes the Code Enforcement Officer, Deputy Code Enforcement Officer
and Fire Inspector to administer and enforce all provisions of the New York State
Uniform Fire Prevention and Building Code as well as all provisions of Chapter 210 of
the Town of Union Vale Code "Zoning" all as set forth in Section 105-4 of the Town of
Union Vale Code; and
WHEREAS, the Town of Union Vale seeks to enter into an Inter -municipal Board\cEc
Agreement with the Town of Wappinger pursuant to Article 5 of the General Municipal Agmt\Inte
Agreement
Law, Section 381(2) of the Executive Law and Section 99-c of the General Municipal
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Law whereby the Code Enforcement Officers of the Town of Wappinger will be charged
with the duty and responsibility for administering and enforcing the Uniform Code and
the Energy Code as well as all provisions of the Zoning Code of the Town of Union Vale
as set forth in Chapter 210 of the Town of Union Vale Code, as well as administering and
enforcing those provisions of the Town of Union Vale Code which are to be administered
and enforced by the Code Enforcement Officer, Deputy Code Enforcement Officer or
Fire Inspector; and
WHEREAS, the Town of Union Vale estimates that approximately five (5) hours
per week would be required to enforce the Uniform Code and Energy Code and an
additional five (5) hours per week would be needed to administer and enforce the Zoning
Code and the other Code provisions of the Town of Union Vale; and
WHEREAS, the Town of Wappinger represents that all of its CEOs are fully
qualified to act as CEOs within the State of New York and have fulfilled all of the
necessary training requirements and have passed all applicable New York State Civil
Service Examinations necessary to provide the Code Enforcement services required by
the Town of Union Vale pursuant to this Agreement; and
WHEREAS, the Town of Union Vale is desirous of entering into this Agreement
for Code Enforcement Services with the Town of Wappinger because it has been
determined that the cost to the Town of Union Vale will be less than operating the Town
of Union Vale Code Enforcement and Zoning Department separately; and
WHEREAS, the parties agree that this action will generate tax savings to the
Town of Union Vale while at the same time providing revenue to the Town of Wappinger
which will be sufficient to cover any additional costs incurred by the Town of.
Wappinger; and
WHEREAS, the parties have further determined that the arrangement for Code
Enforcement Services pursuant to this Agreement will be beneficial to all taxpayers in the
Town of Wappinger and the Town of Union Vale.
NOW, THEREFORE, INCONSIDERATION OF the mutual promises,.
covenants and obligations contained herein, the Town of Wappinger and the Town of
Union Vale hereby agree, pursuant to the authority vested in them pursuant to Article 5-G
of the General Municipal Law, Section 3 81(2) of the Executive Law, and 99-c of the
General Municipal Law, as follows:
1. Recitations Incorporated. The recitations above set forth are incorporated in
this Agreement as if fully set forth and recited herein.
- Deleted: o
2. Administration and Enforcement of the Union Vale Code. During the term Board\CEC
Agmt\Inte
Agreement
of this Agreement, the Town of Wappinger, by and through its Code Enforcement
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Officers, shall administer and enforce the Uniform Code, Energy Code, Zoning Code and
applicable provisions of the Town of Union Vale Zoning Code hereto for administered
and enforced by the Union Vale Code Enforcement Officer, Deputy Code Enforcement
Officer and Fire Inspector as set forth in the Town of Union Vale Zoning Code. For the
purposes of this Agreement, the Uniform Code, Energy Code, Union Vale Zoning Code,
and Union Vale Town Code are collectively referred to as the "Codes". During the term
of this Agreement, the Code Enforcement Officers of the Town of Wappinger shall:
A. Administer and enforce the Codes with respect to all property, buildings,
premises, and equipment located within the Town of Union Vale requiring compliance
with the Codes;
B. Process all applications for Building Permits, Certificates of Occupancy and
Certificated of Compliance, and undertake required inspections in connection therewith;
Codes;
C. Process and respond to Code violations and complaints;
D. Perform fire inspections, make any required/requested interpretations of the
E. Review and process any applications for presentation or action by the Planning
Board or Zoning Board of Appeals;
F. Attend such Town Board meetings, Planning Board meetings or Zoning Board
of Appeals meetings as requested and supply written reports as needed by such Boards;
and
G. Respond to such inquiries by any of the above mentioned Boards as to any of
the above mentioned matter. _ _ _ _ ._ _ . _ _ _ _ __ - - Deleted: o
Board\CEC
Agmt\Inte
Agreement
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3. Term. The terin of this Agreement shall commence on May 1, 2009 and
terminate on April 30, 2010. The term of this Agreement shall be deemed automatically
extended for an additional term of two (2) years each, subject, however, to each
municipality having the right, option and privilege of terminating this Agreement upon
sixty (60) days written notice to the other Town Board. The term of this Agreement shall
terminate on the date specified in the notice given by the terminating municipality.
(Alternative Clause)
This Agreement shall remain in full force and effect until either of the parties
notifies the other of the termination of this Agreement, which notice must be made six (6)
months prior to the effective date of such termination. Should this Agreement be
terminated, the Town of Wappinger shall transfer any and all Union Vale files, cabinets
and Building Department records in its possession prior to or simultaneously with the
effective date of termination.
4. Designation of Code Enforcement Officers. The Town of Wappinger hereby
designates the following Code Enforcement Officers (CEOs) to administer and enforce
the Union Vale Codes: George Kolb, or in his absence, inability or unavailability to
serve, Susan Dao.
5. Consideration, Costs and Expenses. In return for the Town of Wappinger
undertaking the Code Inspection Services required pursuant to this Agreement, the Town
of Wappinger shall receive, and the Town of Union Vale shall pay, an hourly rate for
such CEOs as follows:
A. For George Kolb, an hourly, rate of $43.20 which_is inclusive_of salary, fringe _ _ Deleted: o
Board\CEC
benefits taxes insurance premiums (including, but not limited to Workers Compensation
Agmt\Inte
, p (� g, 1� Agreement
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insurance premiums), and other costs and expenses associated with the employment of
such CEOs and benefit costs to the Town of Wappinger; and
B. For Susan Dao, an hourly rate of $30.23 which is inclusive of salary, fringe
benefits, taxes, insurance premiums (including, but not limited to Workers Compensation
insurance premiums), and other costs and expenses associated with the employment of
such CEOs and benefit costs to the Town of Wappinger.
C. The hourly rates shall be charged "portal to portal", that is, commencing with
the time the CEO leaves the Town of Wappinger Town Hall and returns to the Town of
Wappinger Town Hall.
D. The CEOs shall use their own motor vehicles in traveling to and from Union
Vale and shall be reimbursed directly by Union Vale at the rate of .55¢ per mile, which
reimbursement shall be paid directly to the CEOs on a monthly basis upon vouchers
submitted and verified by the respective CEOs.
E. The Town of Wappinger will invoice the Town of Union Vale monthly on
vouchers executed by the Supervisor or Accountant of the Town of Wappinger for all
hourly charges incurred by the applicable CEOs.
6. Obligations of Union Vale. Union Vale shall make available to the
Wappinger CEOs the Union Vale Building Department offices, records, application
forms, files, records and secretarial staff and administrative assistants as may be needed
by the CEOs to enforce and administer the Codes. Union Vale shall provide a motor
vehicle for any required inspections and/or investigations. Union Vale shall also provide
and pay for a separate telephone line t4 beplaced in the office of George_ Kolb and/or _ , peietea: o
Board\CEC
Susan Dao, or their successors at the Town Hall Town of Wappinger; eorg George Kolb or Agmt\Inte
Agreement
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Susan Dao, or their successors, shall maintain a log of all telephone calls received on
such telephone line.
7. Insurance. Union Vale shall carry liability insurance relating to the
administration and enforcement activities under this Agreement, the Code Enforcement
personnel performing such Code Enforcement activities, as well as insuring the
equipment used in performing such activities. The Town of Wappinger must be named as
an additional insured on a primary, non-contributory basis, on the Town of Union Vale's
Commercial General Liability Insurance as well as the Town of Union Vale's Public
Officials Liability Policy. The insurance policy shall contain such terms and provisions
as reasonably deemed necessary by the Town of Wappinger shall be in the following
amounts:
Bodily Injury, Property Damage
Medical Payments
Automobile Liability Insurance
Worker's Compensation
Public Official Liability
(Town of Wappinger as Additional Insured)
$1,000,000 per occurrence
2,000,000 aggregate
5,000
500,000
Statutory
1,000,000
Without limiting the scope of this paragraph 7, Union Vale shall pay all premiums
and any and all other costs and expenses associated with obtaining and maintaining such
insurance.
8. Code Enforcement Personnel and Support. In the event of the death,
disability or non -employment of the CEOs identified in paragraph 5 above, Wappinger
shall hire Code Enforcement personnel sufficient to perform the Code Enforcement
services contemplated by this Agreement. All Code Enforcement personnel providing _ _ - FB
eiarea: o
oard\CEC
services ursuant to this A eement shall be re uired to undertake all trainin re uired b gmt\Intep gr q g q Y greement
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19 N.Y.C.R.R. Part 434, as amended from time to time, within the time prescribed in said
Part 434, as amended from time to time. The administration and enforcement of the
Codes as set forth in this Agreement shall comply with all of the requirements set forth
in 19 N.Y.C.R.R. Part 1203, as amended from time to time, and shall contain all features
specified in said Part 1203, as amended from time to time.
9. Records and Record Keeping. All applications for Building Permits,
Certificates of Occupancy, Certificates of Compliance, Site Plan Applications,
Subdivision Applications, Applications to the Zoning Board of Appeals for any
authorized relief by the Zoning Board of Appeals shall be maintained at the Town Hall, . .
Town of Union Vale, except, however, such materials and documents may be forwarded
to the applicable CEO at the Town of Wappinger for review, processing and approval as
needed. Such materials and documents shall be forwarded from the Town of Union Vale
to the CEOs at the Town of Wappinger by recognized overnight delivery service such as
Federal Express, UPS or Priority Mail, and shall be returned by such service.
10. Fees. All fees charged for Building Permits, Certificates of Occupancy,
Certificates of Compliance, Site Plan Applications, Subdivision Applications, and
Applications to the Zoning Board of Appeals shall be as set forth in the Code of Union
Vale. Any fees, if collected by the CEOs, shall be remitted to the Union Vale Town
Clerk within two business days of such receipt. (ADDITIONAL DUTIES TO BE
DISCUSSED)
11. Modification. No provision of this Agreement may be changed except by
written agreement duly authorized by tyle Town Board of the Town of Wa_pinger and the
Board\CEC
Agent\Inte
Agreement
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Town Board of the Town of Union Vale and duly executed by an authorized
representative of each municipality.
12. Interpretation/Partial Invalidity. This Agreement shall be interpreted and
construed in accordance with the laws of the State of New York and specifically in
compliance with Article 5-G of the General Municipal Law, Section 381(2) of the
Executive Law, Section 99-c of the General Municipal Law and the Civil Service Law.
If any portion of this Agreement is found by a court of competent jurisdiction to be
invalid, the remainder of this Agreement shall continue in full force and effect, subject,
however, to such changes as they deem necessary to address such so invalidity.
13. Paragraph Captions. Paragraph captions in this Agreement are for
convenience only, and do not limit or expand the provisions contained in the captioned
paragraphs.
IN WITNESS WHEREOF, the parties have executed this Agreement, on the
date first set forth above.
TOWN OF WAPPINGER
CHRISTOPHER J. COLSEY
Town Supervisor
TOWN OF UNION VALE
LISETTE HITSMAN
Town Supervisor
Board\CEC
Agmt\Inte
Agreement
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STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
On the day of , 2009, before me, the undersigned, personally
appeared CHRISTOPHER J. COLSEY known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individuals, or the person upon behalf of which the
individuals acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
On the day of , 2009, before me, the undersigned, personally
appeared LISETTE HITSMAN known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her capacity, and that by her signature
on the instrument, the individuals, or the person upon behalf of which the individuals
acted, executed the instrument.
Notary Public
Board\CEC
Agent\Inte
Agreement
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