2006-2482006-248
Resolution Authorizing Coordinated Assessment Agreement with the Town of Fishkill
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 December
11 t'', 2006.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
Councilmembers - Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
ABSENT:
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilman Bettina.
WHEREAS, the Towns of Wappinger and Fishkill, Dutchess County, are empowered to
enter into an Inter -Municipal Agreement to appoint one Assessor to hold the office of and act as
the Assessor in both Towns, pursuant to Sections 576 and 579 of the Real Property Tax Law and
pursuant to Article 5-G of the General Municipal Law; and
WHEREAS, it is the intention of both Towns to create a Coordinated Assessment
Program pursuant to Section 579 of the Real Property Tax Law, whereby one Assessor will
provide assessment services to both Towns and the Assessor will assess all property in the
program at a uniform percentage of full value; and
WHEREAS, pursuant to Local Law No. 8 of the year 2006, the Town of Wappinger
adopted Chapter 150 of the Town Code establishing a Coordinated Assessment Program between
the Town of Wappinger and the Town of Fishkill; and
WHEREAS, a copy of the Coordinated Assessment Agreement is annexed hereto as
Exhibit "A" and made a part hereof; and
WHEREAS, the Town Board hereby determines that this is a Type II action as defined
by 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that
this action is not an action that requires review pursuant to the provisions of New York State
Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or
pursuant to 6 NYCRR Parts (617).
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 approves the proposed Coordinated Assessment
Agreement between the Town of Wappinger and the Town of Fishkill in the form attached hereto
and made a part hereof and determines that it is in the best interests of the citizens of the Town of
Wappinger that the Town enter into such Agreement.
3. The Town Supervisor, Joseph Ruggiero, is authorized to execute the Agreement
in substantially the same form as annexed hereto, subject to confirmation that the Town of Fishkill
has also authorized the execution of the Agreement and subject further to both Towns enacting a
Local Law pursuant to Section 579 of the Real Property Tax Law establishing a Coordinated
Assessment Program in the Towns of Wappinger and Fishkill.
4. The Town Clerk is directed to send a copy of this Resolution to the Town Board
of the Town of Fishkill within five (5) days hereof.
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
Dated: Wappingers Falls, New York
12/11/2006
The Resolution is hereby duly declared adopted.
P6HN C. MASTERSON, TOWN CLERK
COORDINATED ASSESSMENT AGREEMENT
THIS AGREEMENT made this day of 2006, pursuant to General
Municipal Law, Section 119-n and Real Property Law §§576 and 579, by and between
the TOWN OF FISHKILL, a municipal corporation of the State of New York, having
its principal offices at 807 Route 52, Fishkill, NY 12524; and the TOWN OF
WAPPINGER, a municipal corporation of the State of New York, having its principal
offices at 20 Middlebush Road, Wappinger Falls, NY 12590.
WHEREAS, section 579 of the Real Property Tax Law ("RPTL") allows two or
more towns within the same county to establish a Coordinated Assessment Program
("CAP") by adopting identical local laws, without referendum, which must provide,
among other things, for a single assessor to be appointed to hold the office of assessor in
all participating assessing units; and
WHEREAS, the NYS Office of Real Property Services ("ORPS") Assessor's
Information, in its 2006 Report on Effectiveness of State Technical Assistance, has
reported the establishment of a CAP will likely reduce the cost of reassessment, facilitate
the acquisition of new technology and valuation expertise; and help achieve full-time,
professional assessing, all of which can improve the equity and provide better service to
the taxpayers; and
WHEREAS, ORPS further reports that these objectives can be achieved by
employing a single assessor and assessing at the same uniform percentage of value; and
WHEREAS, the establishment of a CAP program will have the additional benefit
of rendering the Towns of Fishkill and Wappinger eligible for certification by ORPS for
receiving incentive aid; and
WHEREAS, local legislative amendments to the Fishkill Town Code and
Wappinger Town Code have been duly adopted by both municipalities establishing a
CAP program; and
WHEREAS, the Town of Fishkill and the Town of Wappinger are desirous of
entering into an agreement whereby the same assessor would provide assessor services to
both Towns;
NOW, IN CONSIDERATION OF the mutual covenants contained herein, the
Town of Fishkill and the Town of Wappinger hereby agree as follows:
In accordance with Section 579 of the RPTL, there shall be established by the
Town of Fishkill and the Town of Wappinger a Coordinated Assessment Program
("CAP"), which shall be implemented no later than January 1, 2007.
2. The Town of Fishkill and the Town of Wappinger, of the County of Dutchess,
agree to jointly conduct interviews of persons seeking the office of CAP Assessor.
The appointment of the CAP Assessor must be approved by a majority of each of
the Town Boards within sixty (60) days of the effective date of this agreement.
The person appointed as CAP Assessor must satisfy the minimum qualification
standards for real property assessors established by the State Board of Real
Property Services.
The assessor shall for all purposes be deemed an employee of each Town as a
consequence of the existence of the subject CAP, and shall be provided an office
in each assessing unit. A split daily/weekly schedule shall be established
mutually by the Town of Fishkill and the Town of Wappinger, in consult with the
incumbent CAP Assessor.
4. The CAP Assessor's salary shall be annually and mutually established and
budgeted by the respective Town Boards. The CAP Assessor's salary shall be
split between the participating towns as follows: 50% Town of Fishkill and 50%
Town of Wappinger. Social security, workman's compensation, retirement and
other similar benefits will be shared at the same percentage.
5. The health insurance coverage shall be provided to the CAP Assessor though a
health insurance plan in effect with the Town of Wappinger and all health
insurance premiums shall be paid initially by the Town of Wappinger. The Town
of Fishkill shall contribute annually 50% to the reimbursement of these expenses.
6. Each Town shall provide acceptable and competent levels of support for the
incumbent of the CAP Assessor Position. Expenses incurred by each Town,
including but not limited to, support personnel, equipment, supplies, phone
charges, etc. are not a part of this agreement and shall be paid individually by
each town.
7. The Town of Fishkill currently owns a vehicle which is used by the Town of
Fishkill for assessment purposes (the "Vehicle"). Upon implementation of this
agreement, the CAP Assessor shall have use of the Vehicle for use within both
Towns. The Town of Wappinger shall pay to the Town of Fishkill the standard
mileage rate, as established by the Internal Revenue Service (IRS), for 50% of the
total mileage used by the CAP Assessor.
At such point in time as the Town of Fishkill and the Town of Wappinger jointly
agree to purchase another vehicle (whether new or used) for the CAP Assessor,
the costs of purchasing the vehicle shall be split between the participating towns
as follows: 50% Town of Fishkill and 50% Town of Wappinger. Once another
vehicle has been purchased, all costs for the vehicle including, but not limited to,
maintenance, repair, and/or fuel expenses, shall be paid initially by the Town of
Fishkill. The Town of Wappinger shall contribute annually 50% to the
reimbursement of these expenses.
8. Assessor training, continuing education, attendance at Assessor Association
functions and meetings, State and local organization membership fees, travel
expenses outside the boundaries of the coordinated assessing unit and any other
proper charges or fees that can be of mutual benefit to each of the assessing units
shall be shared equally by each Town. The Town Boards shall agree annually on
the Assessor training programs, continuing education programs, attendance at
Assessor Association functions and meetings, and other charges and fees that will
be shared equally by each Town.
9. All shared expenses shall be paid initially by the Town of Wappinger. The CAP
Assessor shall maintain an expense log, accounting for all shared expenses. Such
shared expenses will be billed by the Town of Wappinger to the Town of Fishkill
in two installments, one-half by July 10 and one-half by December 10 of each
year. Payment shall be remitted within 30 days of receipt.
10. The CAP Assessor shall be responsible for assessing all parcels of real property
located in the Town of Fishkill and the Town of Wappinger for the purposes of
taxation and special ad valorem levies for town, county, special district, and
school district. The CAP Assessor shall also perform for the Town of Fishkill and
the Town of Wappinger all other duties as required for assessors by the Real
Property Tax Law and the rules of the State Board of Real Property Services.
11. Upon the expiration of the term of the CAP Assessor so appointed, or in the event
that the assessor so appointed shall resign or otherwise be unable to remain in
office, a single individual shall be appointed to succeed him or her within sixty
(60) days of such resignation or removal.
12. Effective with the first assessment roll produced pursuant to the CAP Agreement,
all real property shall be assessed at the same uniform percentage of full value in
the Towns of Fishkill and Wappinger throughout the term of the agreement. Such
percentage of market value shall be annually printed on the tentative assessment
rolls for the participating assessing units.
13. The dates applicable to the assessment process in each Town, including the
taxable status date, and the dates for filing of the tentative and final assessment
rolls, shall remain the same for each Town.
14. A Town may withdraw from the Coordinated Assessment Program established by
this agreement if its Town Board adopts a local law or resolution so providing,
approved by a majority vote of the voting strength of the Town Board, at least six
months before the withdrawal is to be effective. In the event that State aid
pursuant to RPTL §1573(3) has been received, such Town agrees to indemnify
and hold the other Town harmless for any losses of State aid sustained due to its
withdrawal.
15. The terms and provisions of this agreement shall be reviewed annually in
September by the Town Board of each Town during the term of this agreement.
Any amendments and modifications to the terms and provisions of this agreement
may be made only upon approval by a majority vote of the Town Board of each
Town.
16. Upon failure of the Town Boards of Fishkill and Wappinger to settle disputes or
disagreements arising between themselves as to the provisions of this agreement
or the performance of the CAP Assessor, such disputes or disagreements shall be
submitted to binding arbitration by three (3) disinterested individuals, one to be
selected by the Town Board of Fishkill, one to be selected by the Town Board of
Wappinger, and the third to be selected by the first two chosen. The arbitration
process shall be conducted pursuant to the Civil Practice Law and Rules of the
State of New York concerning arbitration.
17. It is understood that this Agreement constitutes the entire Agreement between the
Town of Fishkill and the Town of Wappinger.
18. This Contract and the performance thereof shall be governed, interpreted,
construed and regulated by the laws of the State of New York.
19. If any term, covenant, condition or provision of this Contract or the application
thereof to any person or circumstances shall, at any time or to any extent, be
invalid or unenforceable, the remainder of this Contract, or the application of such
terms or provisions to persons or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected thereby, and each term,
covenant, condition and provision of this Contract shall be valid and be enforced
to the fullest extent permitted by law.
20. No agreements, oral or written, respecting this agreement shall be binding upon
either party unless in writing and attached hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement, on the
date first set forth above.
TOWN OF FISHKILL
JOAN A. PAGONES
Town Supervisor
TOWN OF WAPPINGER
JOSEPH RUGGERIO
Town Supervisor