agenda - wednesday, may 19, 2021
TRANSCRIPT
TOWN OF FISHKILL TOWN BOARD
REGULAR MEETING
~ Minutes ~
807 Route 52
Fishkill, NY 12524 http://www.fishkill-ny.gov/index.html
Wednesday, May 19, 2021 7:00 PM Francois R. Cross Meeting Room
Town of Fishkill Town Board Page 1 Printed 5/21/2021
I. Call to Order Supervisor Albra called the meeting order.
II. Pledge of Allegiance
III. Roll Call
Attendee Name Title Status Arrived
Ozzy Albra Town Supervisor Present
Louise Daniele Councilwoman Present
Kenya Gadsden Council Member Present
Jacqueline Bardini Council Member Present
Ori Brachfeld Council Member Present
IV. Adoption of Agenda Supervisor Albra motioned to accept the minutes as written. Council Member Daniele seconded the motion.
Motion carried.
Agenda accepted as written.
V. Acceptance of Minutes
VI. Supervisor's Comments and Announcements There will be two events held at the Town Hall this weekend. The Town Clerk will speak to her event and Council member Gadsden will speak about hers.
VII. Liaison Report Council Member Gadsden spoke about the drive-through food give away happening at the Police Department this Saturday from 10-2. This is for
families experiencing food insecurities. Residents can pick up for a neighbor. There is also a food pantry in Beacon at 23 W. Center St. that opens at 10:00 am. On Monday May 24th the Recreation Department is holding an event regarding the Are You Okay program. The Chief of Police will
be present for questions. Council Member Brachfeld talked about the drive-through Senior Picnic at Maurer-Geering Park on Wednesday June 2, 2021. You must reserve
a pick-up time. People under 60 years of age will pay $8.
Council Member Daniele again met with the Town Project Managers regarding water issues. Their meetings are very productive.
VIII. Privilege of the Floor for General Town Items Marie Campanero addressed the Board about the water bill refunds. She asked if the accounts had been gone over by the Comptroller and the
Water Department. She gave a history of the water meters. She stated that there are extensive files available for review. Also, she inquired as to the criteria that brought certain accounts, and not others, to light.
IX. Presentations
A. Departmental Status Report
B. Presentations
1. (ID # 6041) Presentation: Dutchess County Transportation Council
Mark Debald from Dutchess County Transit Council gave a slide show presentation regarding the history, focus, long range plans
and goals for the County’s transportation. All information can be located on the Dutchess County Planning Department website at movingdutchessforward.com
Council Member Gadsden spoke in detail about citizens with disabilities and their difficulty with public transportation.
Regular Meeting Agenda May 19, 2021
Town of Fishkill Town Board Page 2 Printed 5/21/2021
Council Member Brachfeld spoke about the issues at the Route 9D and I84 interchange, and the lack of progress there. Mr. Debald
spoke to this. Council Member Brachfeld talked about “transportation as a service” in a vehicle other than a bus. Mr. Debald
responded regarding micro transit. Mr. Debald fielded questions from the Board.
RESULT: CLOSE
X. Discussions
1. (ID # 6106) Discussion of Resolution to Authorize Seasonal Hiring - Recreation
Department Summer Camp Program
Jason Maietta Recreation Director introduced all the new hires for the summer camp. Mr. Maietta field questions.
RESULT: MOVE TO RESOLUTION
2. (ID # 6104) Discussion of Resolution to Appoint Caroline Magnotta as Part-Time
Legislative Aide
Ms. Magnotta addressed the Board.
RESULT: MOVE TO RESOLUTION
3. (ID # 6108) Discussion of Local Law to Amend Chapter 146 of the Town Code
RESULT: TABLED Next: 6/2/2021 7:00 PM
4. (ID # 5914) Discussion of Resolution to Set Public Hearing - Local Law Amending
Chapter 146 of the Town Code
RESULT: TABLED Next: 6/2/2021 7:00 PM
5. (ID # 6082) Discussion of Resolution Allowing Van DeWater & Van DeWater,
LLP, Kyle W. Barnett, Esq to Enter Into a Consent Order and Judgment Tristate
Note Repurchase group LLC
RESULT: MOVE TO RESOLUTION
6. (ID # 6087) Discussion of Resolution to Authorize Renewal of Contract with The
Brink’s Armored Car Service
RESULT: MOVE TO RESOLUTION
7. (ID # 6092) Discussion of Resolution Authorizing Reconciliation of Water
Accounts
Council Member Brachfeld stated that these reconciliations must be run through the Water Department and the Comptroller, not the
Town Board. He stated that he truly wants to help the residents but there must be a process.
Council Member Daniele stated that bill 62010 was a duplicate on the spread sheet and needs to be removed. She read a statement into the read regarding the history of this situation.
Supervisor Albra thanked Council Member Daniele for her hard work on this.
RESULT: MOVE TO RESOLUTION
8. (ID # 5686) Discussion of Credit or Reimbursement of Back Bills From the Water
Meter Project
Regular Meeting Agenda May 19, 2021
Town of Fishkill Town Board Page 3 Printed 5/21/2021
RESULT: CLOSE
9. (ID # 6094) Discussion of Resoution to Accept Resignation - Police Officer Joseph
Saetta
Council Member Daniele feels that when an officer is truly looking for a full-time position, they are accepting a position at a part-
time department as a way to get in through the back door.
RESULT: MOVE TO RESOLUTION
10. (ID # 6096) Discussion of 2021 Recreation Fund Budget Modification for Addition
of Pickleball Program
Council Member Daniele has questions regarding the funds.
RESULT: MOVE TO RESOLUTION
11. (ID # 6098) Discussion of Budget Modification to 2021 Adopted General Fund
Budget for Document Scanning Services
RESULT: MOVE TO RESOLUTION
12. (ID # 6100) Discussion of Modification to 2021 Adopted General Fund Budget for
Purchase of New Supervisor Vehicle
RESULT: MOVE TO RESOLUTION
13. (ID # 6102) Discussion of Modification to the 2021 Adopted Special Revenue (CR)
Fund for Recreation Center Roof Project
Council Members Gadsden, Brachfeld and Bardini feel it should just be repaired. Council Member Daniele spoke about why this repair wasn’t done before. She explained her concerns.
RESULT: MOVE TO RESOLUTION
14. (ID # 6055) Disucssion of Adopting A Cell Tower Ordinance
Council Member Bardini addressed the concerns that she has been hearing from her neighbors. Council Member Gadsden spoke to Ms. Chillog and apologized for not answering here e-mail.
Diane Chillog spoke to the Board and gave a detailed background of legislation and outlined her letter that she sent to the Board.
There was much discussion back and forth between Ms. Chillog and the Board. Leslie Mott read a letter into the record.
Peter Lapis offered his thoughts and concerns regarding cell towers and the proposed ordinance. Council Member Brachfeld explained how a local law is created.
Denise Williams asked about the Town being challenged by a cell tower company on our ordinance.
RESULT: TABLED Next: 6/2/2021 7:00 PM
15. (ID # 6089) Discussion of Assessments
Supervisor listed the hours that the Assessor will be available for grievances. These times will be posted. Supervisor Albra spoke further about grievances of assessments.
RESULT: CLOSE
16. (ID # 6090) Discussion of Marijuana Lounge
The Board does not want to have a marijuana lounge in the Town. The Board will authorize Mr. Nugent to draft a resolution to opt out.
Attorney Zitt stated that this needs to done prior to 12/31/21 by local law.
Regular Meeting Agenda May 19, 2021
Town of Fishkill Town Board Page 4 Printed 5/21/2021
RESULT: CLOSE
17. (ID # 6091) Discussion of Marijuana Dispensary
Council Member Brachfeld spoke about the tax benefits this will bring. Location of a dispensary was discussed. Also, it was said
that the rule is that a Town is considered in unless you officially opt out.
RESULT: CLOSE
18. (ID # 6109) Discussion of Unsafe Properties in the Town
Photos were shown of the three properties in question. Procedure was discussed with Attorney Zitt. Mr. Zitt outline the process.
RESULT: TABLED Next: 7/14/2021 7:00 PM
XI. Privilege of the Floor for Agenda Items No audience member came forward to address the Board.
XII. Resolutions
A. Consent Agenda
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ozzy Albra, Town Supervisor
SECONDER: Kenya Gadsden, Council Member
AYES: Albra, Daniele, Gadsden, Bardini, Brachfeld
1. 2021-128 Resolution to Authorize Seasonal Hiring - Recreation Department
Summer Programs
2. 2021-129 Resolution to Appoint Caroline Magnotta as Part-Time Legislative Aide
3. 2021-130 Resolution Allowing Van DeWater & Van DeWater, LLP, Kyle W.
Barnett, Esq to Enter Into a Consent Order and Judgement -Tristate Note
repurchase group LLC
4. 2021-131 Resolution to Authorize Renewal of Contract with The Brink’s Armored
Car Service
5. 2021-132 Resolution Authorizing Reconciliation of Water Accounts
6. 2021-133 Resolution to Accept Resignation - Police Officer Joseph Saetta
7. 2021-134 Resolution to Amend Recreation Fund Budget for Addition of Pickleball
Program
8. 2021-135 Resolution to Authorize Modification to 2021 Adopted General (A) Fund
Budget for Document Scanning Services
9. 2021-136 Resolution to Authorize Modification to 2021 Adopted General (A) Fund
Budget for Purchase of New Supervisor Vehicle
Regular Meeting Agenda May 19, 2021
Town of Fishkill Town Board Page 5 Printed 5/21/2021
B. Resolutions
1. (ID # 5915) Resolution to Set Public Hearing - Local Law Amending Chapter 146
of the Town Code
RESULT: TABLED Next: 6/2/2021 7:00 PM
2. 2021-137 Resolution to Authorize Modification to 2021 Adopted Budget for
Recreation Center Roof Project
RESULT: ADOPTED [4 TO 1]
MOVER: Ozzy Albra, Town Supervisor
SECONDER: Jacqueline Bardini, Council Member
AYES: Ozzy Albra, Kenya Gadsden, Jacqueline Bardini, Ori Brachfeld
NAYS: Louise Daniele
XIII. Items for Special Consideration
XIV. New and Old Business Council Member Gadsden spoke about the basketball court at Doug Phillips park. Supervisor Albra has driven through the park, he has sent Mr. Totino and stated that he would like to see this repaired as well. Also, more
improvements will be done.
Council Member’s Bardini and Brachfeld had nothing to report.
XV. Next Town Board meeting June 2, 2021 at 7:00 pm
XVI. Executive Session
XVII. Adjournment Supervisor Albra motioned to adjourn the meeting.
Council Member Brachfeld seconded the motion. Motion carried.
Meeting adjourned at 8:57 pm.
Respectfully Submitted, Becki Tompkins Becki Tompkins, CMC, RMC, CTO Town Clerk
TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Presentation: Dutchess County Transportation Council
The Town Board will hear a presentation from the Dutchess County Transportation Council, by
Transportation Program Administrator Mark Debald and FHI Studio’s Shawna Kitzman. This
presentation will go over the DCTC Moving Dutchess Forward initiative.
RESULT: CLOSE
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Discussion of Resolution to Authorize Seasonal Hiring - Recreation
Department Summer Camp Program
Town Board Discussion #: (ID # 6106)
The Town of Fishkill Recreation Department facilitates a number of summer programs,
including the Fishkill FUN! Camp. These programs require staffing by seasonal employees, the
number of which is determined by the number of participants enrolled in these programs.
Recreation Director Jason Maietta and Human Resources Director Gina Basile have advertised
for several seasonal positions in accordance with the Town of Fishkill Hiring Policy. Applicants
were interviewed and the Recreation Director and Human Resources Director have identified a
list of qualified candidates for hire.
The Human Resources Director recommends the Town Board appoint seasonal employees for
terms beginning May 20, 2021 and ending August 31, 2021, as attached hereto.
RESULT: MOVE TO RESOLUTION
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Discussion of Resolution to Appoint Caroline Magnotta as Part-Time
Legislative Aide
Town Board Discussion #: (ID # 6104)
The Town of Fishkill and the City of Beacon have entered into a Shared Services Agreement for
the position of Human Resources Director. Human Resources Director Gina Basile divides her
time between the two municipalities. The Town Board has discussed and agreed a part-time
assistant for the Human Resources Director is necessary due to the volume of work and oversight
required of that department.
Pursuant to the Town of Fishkill Hiring Policy, the Town advertised for the position of Part-
Time Legislative Aide and candidates were interviewed. The Human Resources Director has
identified Caroline Magnotta as a suitable candidate for the position and recommends the Town
Board appoint Ms. Magnotta to position of Part-Time Legislative Aide at a rate of $19 per hour,
effective May 20, 2021, for a schedule not to exceed an average of 20 hours per week.
RESULT: MOVE TO RESOLUTION
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Discussion of Local Law to Amend Chapter 146 of the Town Code
Town Board Discussion #: (ID # 6108)
The Town Board will discuss a proposed Local Law to amend Chapter 146 of the Town Code.
RESULT: TABLED Next: 6/2/2021 7:00 PM
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INTRODUCTORY LOCAL LAW NO. D-v1 OF 2021
TOWN BOARD TOWN OF FISHKILL PROPOSED LOCAL LAW AMENDING
CHAPTER 146 OF THE CODE OF THE TOWN OF FISHKILL A LOCAL LAW to amend Chapter 146, concerning Beacon Hills, Glenham, Blodgett, Rombout and Brinckerhoff Water Districts BE IT ENACTED by the Town Board of the Town of Fishkill as follows: Section 1. The following in Chapter 146, Article I, of the Code of the Town of Fishkill entitled “Beacon Hills, Glenham and Brinckerhoff Water Districts” is hereby repealed and replaced for Town Code to read as follows: Article I. Beacon Hills, Glenham, Blodgett, Rombout and Brinckerhoff Water Districts
§ 146-1. Establishment of regulations; applicability.
The following are the rules and regulations established pursuant to law by the Town Board of the Town of Fishkill acting as a Board of Water Commissioners for all existing water districts, and future water districts in the Town of Fishkill, Dutchess County, State of New York, and said rules and regulations shall apply to all those within the water districts and/or being supplied water from the water districts. § 146-2. Definitions. As used in this article, the following terms shall have the meanings indicated: ACCESS
Allowing Town of Fishkill agents and employees entry to a premises, including all buildings and portions of the same which contain water pipes, meters, remote meters and wire and pipes connected thereto. Access includes clearing away for the Town's agents and employees any personal property, debris or obstructions and removing any structural obstructions, drywall, ceiling partitions or other impediments to the inspecting, repair or replacement of water meters, pipes, wires and other appurtenances which the Town maintains.
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[Added 5-3-2017 by L.L. No. 5-2017] DISTRICT MAIN or WATER MAIN or MAIN
The pipes of the water district systems conveying water along the streets of such districts. OWNER or CONSUMER
The owner or owners of the premises supplied or furnished with water. SERVICE PIPE or SERVICE MAIN
The pipe and attachments of every kind and nature thereto connecting the district main with the house piping. The service pipe or service main is the property of and responsibility of the owner. § 146-3. Rules and regulations; penalties for offenses.
A. Prior to tapping any main, a permit shall be obtained from the Town Clerk of the Town of
Fishkill. The fee for said permit shall be according to the latest fee schedule as established by the Town Board of the Town of Fishkill. Anyone who shall tap or shall cause to be tapped any main without a permit shall be guilty of an offense and shall be liable to a fine of up to $10,000.00
B. All taps shall be made at the expense of the person making the connection with the
approval of a Town professional.
C. Only currently licensed plumbers who have posted an approved bond in the sum of $10,000.00to insure the water districts against damage shall be permitted to install connecting service mains.
D. No streets shall be opened for the purpose of connecting with water mains unless a
permit to do so shall have been issued by the Town Clerk of the Town of Fishkill. The fee for such a permit shall be according to the latest fee schedule established by the Town Board of the Town of Fishkill. Any person who shall open or cause to be opened any street for the purpose of connecting or laying water pipe without said permit shall be guilty of an offense and shall be liable to a fine of up to $200. Before a permit to open said street shall be issued, a bond in the amount of $5,000 shall be furnished to the Town of Fishkill.
E. All connections to the main and all service mains and connections shall conform to current
Town of Fishkill rules and regulations as adopted by Resolution of the Town Board. All work must be examined and approved by the superintendent of the water district or other representative of the Town Board before covering.
F. Every water service shall be supplied through a meter. The water rates, water billing
schedule and penalties shall be according to the latest fee schedule as established by the Town Board of the Town of Fishkill. If a water bill is not paid after all applicable
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penalty periods, then the superintendent of the district shall cause the water to be turned off to the premises for which the said bill remains unpaid, after notice not exceeding 10 days. All water rents and other lawful charges in connection with the water system shall be a lien upon the real estate where such water is supplied. All penalties for the violation of any rules and regulations hereafter adopted, if not paid when imposed, shall constitute a lien upon the real property and premises in like manner as unpaid water rents. All water rents, penalties and other lawful charges remaining due and unpaid at the time that the annual tax roll of the water district is made up shall be included therein and levied against the real property on which the water shall have been used and shall be collected with and in the same manner as other Town taxes with the additional fees, charges and penalties incident to the collection of such taxes.
G. Not more than one house or building used as a dwelling shall be supplied from one tap
except by the special permit of the Town Board of the Town of Fishkill. Every such special permit shall, however, be revocable at the pleasure of said Board.
H. Meters.
(1) All water meters used in the water districts shall be only those approved and furnished (sold) by the districts, up to 1”, and remain the property of the districts unless otherwise agreed to by the Town Board. Any special meters, above 1” and all commercial / industrial, are to be supplied by the owner and agreed to by the Town Board shall remain the property of the owner and shall be maintained by the owner. As water systems are modified causing existing water meters above 1” and all commercial / industrial water meters, to become obsolete it shall be the owner’s responsibility at the owner’s expense to modify or replace the meter with a new compatible town approved meter.
(2) All meters shall be set at the expense of the property owner whose property is
receiving water service in such position as to be readily accessible for reading and repair and shall be fully protected from frost and other damage at the expense of the property owner. A suitable stopcock shall be placed on the service pipe on the inlet side of the meter.
(3) If a district owned meter is damaged by frost or other faulty installation, then the
cost of a new meter and installation is the responsibility of the owner. District owned Meters will be tested at the owner's written request. If the meter is found correct, the owner shall bear the expense of the test and such expense shall be according to the latest fee schedule as established by the Town Board. The expense of the test shall become a part of the water bill. If a meter fails to register correctly, the owner will be charged the average daily consumption as shown by the meter when in working order and said meter will be repaired or replaced at the expense of the water district. Damage caused by a faulty meter shall be the responsibility of the owner unless the water district fails to respond to a written notice of said faulty
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meter within a reasonable time not to exceed three days from receipt of notice.
(4) Where the Town, its contractors, agents, or employees requires that any meter be inspected, changed, modified, upgraded or otherwise altered and the Town or the Town's contractor or other designee provides notice to the property owner that access is required to the property to read, inspect, alter, modify, maintain or replace any water meter, and the property owner fails to provide access within the timeframe set forth in the notice (except in the case of emergency, not less than five calendar days), the Town shall assess a surcharge to the property owner for the failure to provide access. Said surcharge shall be in an amount fixed by resolution of the Town Board from time to time in its Fee Schedule until such time as the water meter is installed or the existing meter is made accessible. Said surcharge may be in an amount up to three times the estimated water usage until such time as access to the water meter is provided. Said assessment may be waived by the Town Board for good cause shown. All property owners shall remain subject to all other remedies and enforcement penalties provided under this article and other applicable laws. [Added 5-3-2017 by L.L. No. 5-2017]
(5) Whenever a hot-water boiler or steam boiler is on a meter service a suitable double
check valve shall be placed on the service pipe between the meter and the boiler to prevent the return of hot water through the meter. A suitable relief valve shall be on the house side of the check valve.
(6) The Town Board of the Town of Fishkill and all those delegated by them shall have
free access to all parts of any building structure or premises where water from mains of the districts is being used or introduced.
(7) All persons receiving water service shall keep their service mains, Curb Valve Risers
and water fixtures in good repair and thoroughly protected from frost and other damage and shall prevent any waste of water. In the event that repairs are needed to prevent waste of water, any owner who shall neglect to make such repairs within three days after notice from the Town Board of the Town of Fishkill shall have the water turned off at the superintendent's discretion against property where the waste of water is occurring until such time as necessary repairs are made to prevent such waste of water.
I. No water district hydrants shall be opened by any person but the Town's contractor
servicing the water districts or any other duly authorized person designated by the Town Board of the Town of Fishkill. A hydrant use permit shall be obtained from the Town Clerk's office and the proper fee shall be paid according to the current fee schedule. Nothing in this section shall be construed as applying to a member of a municipal fire company. Any person violating this section shall be guilty of an offense and shall be liable for a fine as follows: first offense, $200; second offense, $300; third offense, $500;
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and/or 10 days in jail. [Amended 10-19-1992 by L.L. No. 8-1992]
J. The Town Board of the Town of Fishkill reserves the right to suspend the supply of
water to any street or streets without notice, when circumstances require it, and also reserves the right to shut off the entire supply from any street or streets when necessary for repairs or extensions. Local notice shall be given for planned shutdowns greater than four hours in duration.
K. In all cases where the water has been turned off for nonpayment of water rates or for
violation of any rule or regulation of this article, it shall not be turned on again until the expense of turning the water off shall have been paid, together with such penalty that may have been imposed and rates that may be due. Fees for turning water on and off shall be according to the latest fee schedule as established by the Town Board of the Town of Fishkill.
L. No meter shall be opened, adjusted or interfered with in any way except by permission of
the Town Board of the Town of Fishkill or the superintendents of the water districts. Any person violating this section shall be guilty of an offense and shall be liable to a fine of up to $100.
M. Any person who shall, without authorization from the Town Board of the Town of Fishkill,
by any means introduce water from the mains of the water districts into premises where the water service has been turned off for nonpayment of the meter-rate bill or violation of the rules and regulations of this article shall be guilty of an offense and shall be liable for a fine of up to $500.
N. Any person who shall obstruct access to any fire hydrant or stopcock connected to any
water main in any street by placing thereon rubbish, snow or other hindrance shall be guilty of an offense and shall be liable to a fine of up to $100.
O. The penalty for the violation of any rules or regulations of this article, in addition to
penalties specifically enumerated herein, shall be prompt stoppage of water to the premises where the violation has occurred, and the Town Board of the Town of Fishkill is hereby authorized to enforce this penalty at its discretion. No water main shall be tapped for, nor any service main extended outside the boundaries of, the water district except on special application therefor filed with the Town Board and a special permit there for granted and issued by the Town Board. An application for consent to establish, construct, install, extend, enlarge and acquire a water supply and distribution system in the Town shall be first made, in writing, to the Dutchess County Department of Health (“DCDOH”). Such application shall be filed as specified by the DC-DOH and shall be accompanied by detailed plans and specifications, engineering design for the water – sewer demand, for the proposed project as well as a
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map designating the area to be served and showing the topography thereof and the location of streets and roads therein. Upon DC DOH approval an escrow account must be established with the Town of Fishkill Comptroller prior to any communication with the Town of Fishkill. An application for consent to establish, construct, install, extend, enlarge and acquire a water supply and distribution system in the Town shall be made, in writing, to the Town Board. Such application shall be filed in triplicate with the Town Clerk and shall be accompanied by detailed plans and specifications, engineering design for the water – sewer demand, for the proposed project as well as a map designating the area to be served and showing the topography thereof and the location of streets and roads therein. The Town Board may determine an alternative appropriate district in the case of extension applications based upon consultation with the Town’s professionals and consideration of any applicable health, safety and infrastructure considerations. A will serve letter will be provided upon approvals of the DC-DOH and Town Board. Except as hereinafter provided, it shall hereafter be unlawful for any person, owner or operator, other than a public authority, to establish, construct, install, extend, enlarge, acquire, operate and maintain any water supply and distribution system within the territorial limits of the Town of Fishkill, outside the Village of Fishkill, without the prior written consent of a majority of the members of the Town Board. The prohibition herein shall preclude any person, owner or operator from establishing, extending, enlarging and acquiring any water supply and distribution system by means of a merger, consolidation, joint venture or any other method of combining existing operations, facilities, ownerships and entities without first obtaining the written consent required by this article. The Town Board shall impose such conditions upon the granting of the permit as shall be deemed fitting and proper by them and shall impose and collect such water rents and charges for water service as they deem best.
P. The Town Board of the Town of Fishkill reserves the right to change, modify, supplement or amend rules and regulations enacted pursuant to this article by resolution. The Town reserves the right to change, modify, supplement or amend such rules and regulations which the Town Boards deems best to regulate the water supply and the proper and efficient administration of the water district and to make rates and /or contracts for the use of water in special cases. Further, the Town Board may amend the rates and charges for the use of water from time to time by resolution. Should the Town of Fishkill improve, modify, or alter a water system in a district, causing pressures to achieve or exceed 80 psi it shall be the responsibility of the property owner to supply and install a pressure reducing valve at the property owner’s expense. The valve shall meet the requirements of the Town rules and regulations and shall remain the responsibility and property owner.
Q. The Zoning Administrator, or other such public officer(s) as shall be designated by the
Town Board by resolution, shall be empowered to file accusatory instruments and to
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issue appearance tickets to prosecute offenders identified in this section. [Added 7-19-2000 by L.L. No. 7-2000]
Section 2. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, Chapter 146 of the Town Code of the Town of Fishkill is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed.
Section 3. Numbering for Codification
It is the intention of the Town of Fishkill and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Fishkill; that the sections and subsections of this Local Law may be re-numbered or re-lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word “Local Law” shall be changed to “Chapter,” “Section” or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby.
Section 4. Severability
The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt therefrom.
Section 5. This local law shall take effect immediately upon filing with the Office of the Secretary of State.
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Discussion of Resolution to Set Public Hearing - Local Law Amending
Chapter 146 of the Town Code
Town Board Discussion #: (ID # 5914)
The Town Board will discuss a proposed Local Law to amend Chapter 146 of the Town Code,
section 146-3(S), to remove the option for a special permit to tap water mains for, or extend
service mains outside of water districts, and setting a Public Hearing for June 16, 2021 to
consider that proposed amendment.
RESULT: TABLED Next: 6/2/2021 7:00 PM
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INTRODUCTORY
LOCAL LAW NO. D-v1 OF 2021
TOWN BOARD TOWN OF FISHKILL
PROPOSED LOCAL LAW AMENDING
CHAPTER 146 OF THE CODE OF THE TOWN OF FISHKILL
A LOCAL LAW to amend Chapter 146, concerning Beacon Hills, Glenham, Blodgett, Rombout
and Brinckerhoff Water Districts
BE IT ENACTED by the Town Board of the Town of Fishkill as follows:
Section 1. The following in Chapter 146, Article I, of the Code of the Town of Fishkill entitled
“Beacon Hills, Glenham and Brinckerhoff Water Districts” is hereby repealed and replaced for
Town Code to read as follows:
Article I. Beacon Hills, Glenham, Blodgett, Rombout and Brinckerhoff Water Districts
§ 146-1. Establishment of regulations; applicability.
The following are the rules and regulations established pursuant to law by the Town Board of
the Town of Fishkill acting as a Board of Water Commissioners for all existing water districts,
and future water districts in the Town of Fishkill, Dutchess County, State of New York, and
said rules and regulations shall apply to all those within the water districts and/or being supplied
water from the water districts.
§ 146-2. Definitions.
As used in this article, the following terms shall have the meanings indicated:
ACCESS
Allowing Town of Fishkill agents and employees entry to a premises, including all
buildings and portions of the same which contain water pipes, meters, remote meters and
wire and pipes connected thereto. Access includes clearing away for the Town's agents
and employees any personal property, debris or obstructions and removing any structural
obstructions, drywall, ceiling partitions or other impediments to the inspecting, repair or
replacement of water meters, pipes, wires and other appurtenances which the Town
maintains.
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[Added 5-3-2017 by L.L. No. 5-2017]
DISTRICT MAIN or WATER MAIN or MAIN
The pipes of the water district systems conveying water along the streets of such districts.
OWNER or CONSUMER
The owner or owners of the premises supplied or furnished with water.
SERVICE PIPE or SERVICE MAIN
The pipe and attachments of every kind and nature thereto connecting the district main
with the house piping. The service pipe or service main is the property of and
responsibility of the owner.
§ 146-3. Rules and regulations; penalties for offenses.
A. Prior to tapping any main, a permit shall be obtained from the Town Clerk of the Town of
Fishkill. The fee for said permit shall be according to the latest fee schedule as
established by the Town Board of the Town of Fishkill. Anyone who shall tap or shall
cause to be tapped any main without a permit shall be guilty of an offense and shall be
liable to a fine of up to $10,000.00
B. All taps shall be made at the expense of the person making the connection with the
approval of a Town professional.
C. Only currently licensed plumbers who have posted an approved bond in the sum of
$10,000.00to insure the water districts against damage shall be permitted to install
connecting service mains.
D. No streets shall be opened for the purpose of connecting with water mains unless a
permit to do so shall have been issued by the Town Clerk of the Town of Fishkill. The
fee for such a permit shall be according to the latest fee schedule established by the
Town Board of the Town of Fishkill. Any person who shall open or cause to be opened
any street for the purpose of connecting or laying water pipe without said permit shall be
guilty of an offense and shall be liable to a fine of up to $200. Before a permit to open
said street shall be issued, a bond in the amount of $5,000 shall be furnished to the
Town of Fishkill.
E. All connections to the main and all service mains and connections shall conform to current
Town of Fishkill rules and regulations as adopted by Resolution of the Town Board. All
work must be examined and approved by the superintendent of the water district or
other representative of the Town Board before covering.
F. Every water service shall be supplied through a meter. The water rates, water billing
schedule and penalties shall be according to the latest fee schedule as established by the
Town Board of the Town of Fishkill. If a water bill is not paid after all applicable
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penalty periods, then the superintendent of the district shall cause the water to be turned
off to the premises for which the said bill remains unpaid, after notice not exceeding 10
days. All water rents and other lawful charges in connection with the water system shall
be a lien upon the real estate where such water is supplied. All penalties for the violation
of any rules and regulations hereafter adopted, if not paid when imposed, shall
constitute a lien upon the real property and premises in like manner as unpaid water
rents. All water rents, penalties and other lawful charges remaining due and unpaid at the
time that the annual tax roll of the water district is made up shall be included therein and
levied against the real property on which the water shall have been used and shall be
collected with and in the same manner as other Town taxes with the additional fees,
charges and penalties incident to the collection of such taxes.
G. Not more than one house or building used as a dwelling shall be supplied from one tap
except by the special permit of the Town Board of the Town of Fishkill. Every such
special permit shall, however, be revocable at the pleasure of said Board.
H. Meters.
(1) All water meters used in the water districts shall be only those approved and
furnished (sold) by the districts, up to 1”, and remain the property of the districts
unless otherwise agreed to by the Town Board. Any special meters, above 1” and
all commercial / industrial, are to be supplied by the owner and agreed to by the
Town Board shall remain the property of the owner and shall be maintained by the
owner. As water systems are modified causing existing water meters above 1” and
all commercial / industrial water meters, to become obsolete it shall be the
owner’s responsibility at the owner’s expense to modify or replace the meter
with a new compatible town approved meter.
(2) All meters shall be set at the expense of the property owner whose property is
receiving water service in such position as to be readily accessible for reading and
repair and shall be fully protected from frost and other damage at the expense of the
property owner. A suitable stopcock shall be placed on the service pipe on the inlet
side of the meter.
(3) If a district owned meter is damaged by frost or other faulty installation, then the
cost of a new meter and installation is the responsibility of the owner. District owned
Meters will be tested at the owner's written request. If the meter is found correct,
the owner shall bear the expense of the test and such expense shall be according to
the latest fee schedule as established by the Town Board. The expense of the test
shall become a part of the water bill. If a meter fails to register correctly, the owner
will be charged the average daily consumption as shown by the meter when in
working order and said meter will be repaired or replaced at the expense of the
water district. Damage caused by a faulty meter shall be the responsibility of the
owner unless the water district fails to respond to a written notice of said faulty
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meter within a reasonable time not to exceed three days from receipt of notice.
(4) Where the Town, its contractors, agents, or employees requires that any meter be
inspected, changed, modified, upgraded or otherwise altered and the Town or the
Town's contractor or other designee provides notice to the property owner that
access is required to the property to read, inspect, alter, modify, maintain or replace
any water meter, and the property owner fails to provide access within the
timeframe set forth in the notice (except in the case of emergency, not less than five
calendar days), the Town shall assess a surcharge to the property owner for the
failure to provide access. Said surcharge shall be in an amount fixed by resolution of
the Town Board from time to time in its Fee Schedule until such time as the water
meter is installed or the existing meter is made accessible. Said surcharge may be in
an amount up to three times the estimated water usage until such time as access to the
water meter is provided. Said assessment may be waived by the Town Board for
good cause shown. All property owners shall remain subject to all other
remedies and enforcement penalties provided under this article and other
applicable laws. [Added 5-3-2017 by L.L. No. 5-2017]
(5) Whenever a hot-water boiler or steam boiler is on a meter service a suitable double
check valve shall be placed on the service pipe between the meter and the boiler to
prevent the return of hot water through the meter. A suitable relief valve shall be on
the house side of the check valve.
(6) The Town Board of the Town of Fishkill and all those delegated by them shall have
free access to all parts of any building structure or premises where water from mains
of the districts is being used or introduced.
(7) All persons receiving water service shall keep their service mains, Curb Valve Risers
and water fixtures in good repair and thoroughly protected from frost and other
damage and shall prevent any waste of water. In the event that repairs are needed
to prevent waste of water, any owner who shall neglect to make such repairs
within three days after notice from the Town Board of the Town of Fishkill shall
have the water turned off at the superintendent's discretion against property where the
waste of water is occurring until such time as necessary repairs are made to prevent
such waste of water.
I. No water district hydrants shall be opened by any person but the Town's contractor
servicing the water districts or any other duly authorized person designated by the Town
Board of the Town of Fishkill. A hydrant use permit shall be obtained from the Town
Clerk's office and the proper fee shall be paid according to the current fee schedule.
Nothing in this section shall be construed as applying to a member of a municipal fire
company. Any person violating this section shall be guilty of an offense and shall be
liable for a fine as follows: first offense, $200; second offense, $300; third offense, $500;
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and/or 10 days in jail. [Amended 10-19-1992 by L.L. No. 8-1992]
J. The Town Board of the Town of Fishkill reserves the right to suspend the supply of
water to any street or streets without notice, when circumstances require it, and also
reserves the right to shut off the entire supply from any street or streets when necessary for
repairs or extensions. Local notice shall be given for planned shutdowns greater than four
hours in duration.
K. In all cases where the water has been turned off for nonpayment of water rates or for
violation of any rule or regulation of this article, it shall not be turned on again until the
expense of turning the water off shall have been paid, together with such penalty that
may have been imposed and rates that may be due. Fees for turning water on and off
shall be according to the latest fee schedule as established by the Town Board of the
Town of Fishkill.
L. No meter shall be opened, adjusted or interfered with in any way except by permission of
the Town Board of the Town of Fishkill or the superintendents of the water districts.
Any person violating this section shall be guilty of an offense and shall be liable to a fine
of up to $100.
M. Any person who shall, without authorization from the Town Board of the Town of Fishkill,
by any means introduce water from the mains of the water districts into premises where the
water service has been turned off for nonpayment of the meter-rate bill or violation of the
rules and regulations of this article shall be guilty of an offense and shall be liable for a fine
of up to $500.
N. Any person who shall obstruct access to any fire hydrant or stopcock connected to any
water main in any street by placing thereon rubbish, snow or other hindrance shall be
guilty of an offense and shall be liable to a fine of up to $100.
O. The penalty for the violation of any rules or regulations of this article, in addition to
penalties specifically enumerated herein, shall be prompt stoppage of water to the
premises where the violation has occurred, and the Town Board of the Town of Fishkill is
hereby authorized to enforce this penalty at its discretion.
No water main shall be tapped for, nor any service main extended outside the
boundaries of, the water district except on special application therefor filed with the
Town Board and a special permit there for granted and issued by the Town Board.
An application for consent to establish, construct, install, extend, enlarge and acquire a
water supply and distribution system in the Town shall be first made, in writing, to the
Dutchess County Department of Health (“DCDOH”). Such application shall be filed as
specified by the DC-DOH and shall be accompanied by detailed plans and specifications,
engineering design for the water – sewer demand, for the proposed project as well as a
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map designating the area to be served and showing the topography thereof and the
location of streets and roads therein.
Upon DC DOH approval an escrow account must be established with the Town of Fishkill
Comptroller prior to any communication with the Town of Fishkill. An application for
consent to establish, construct, install, extend, enlarge and acquire a water supply and
distribution system in the Town shall be made, in writing, to the Town Board. Such
application shall be filed in triplicate with the Town Clerk and shall be accompanied by
detailed plans and specifications, engineering design for the water – sewer demand, for the
proposed project as well as a map designating the area to be served and showing the
topography thereof and the location of streets and roads therein. The Town Board may
determine an alternative appropriate district in the case of extension applications based
upon consultation with the Town’s professionals and consideration of any applicable
health, safety and infrastructure considerations. A will serve letter will be provided upon
approvals of the DC-DOH and Town Board.
Except as hereinafter provided, it shall hereafter be unlawful for any person, owner or
operator, other than a public authority, to establish, construct, install, extend, enlarge,
acquire, operate and maintain any water supply and distribution system within the
territorial limits of the Town of Fishkill, outside the Village of Fishkill, without the prior
written consent of a majority of the members of the Town Board. The prohibition herein
shall preclude any person, owner or operator from establishing, extending, enlarging and
acquiring any water supply and distribution system by means of a merger, consolidation,
joint venture or any other method of combining existing operations, facilities, ownerships
and entities without first obtaining the written consent required by this article.
The Town Board shall impose such conditions upon the granting of the permit as shall
be deemed fitting and proper by them and shall impose and collect such water rents and
charges for water service as they deem best.
P. The Town Board of the Town of Fishkill reserves the right to change, modify,
supplement or amend rules and regulations enacted pursuant to this article by resolution.
The Town reserves the right to change, modify, supplement or amend such rules and
regulations which the Town Boards deems best to regulate the water supply and the proper
and efficient administration of the water district and to make rates and /or contracts for the
use of water in special cases. Further, the Town Board may amend the rates and charges
for the use of water from time to time by resolution. Should the Town of Fishkill improve,
modify, or alter a water system in a district, causing pressures to achieve or exceed 80 psi
it shall be the responsibility of the property owner to supply and install a pressure
reducing valve at the property owner’s expense. The valve shall meet the requirements of
the Town rules and regulations and shall remain the responsibility and property owner.
Q. The Zoning Administrator, or other such public officer(s) as shall be designated by the
Town Board by resolution, shall be empowered to file accusatory instruments and to
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issue appearance tickets to prosecute offenders identified in this section.
[Added 7-19-2000 by L.L. No. 7-2000]
Section 2. Ratification, Readoption and Confirmation
Except as specifically modified by the amendments contained herein, Chapter 146 of the Town
Code of the Town of Fishkill is otherwise to remain in full force and effect and is otherwise
ratified, readopted and confirmed.
Section 3. Numbering for Codification
It is the intention of the Town of Fishkill and it is hereby enacted that the provisions of this Local
Law shall be included in the Code of the Town of Fishkill; that the sections and subsections of
this Local Law may be re-numbered or re-lettered by the Codifier to accomplish such intention;
that the Codifier shall make no substantive changes to this Local Law; that the word “Local
Law” shall be changed to “Chapter,” “Section” or other appropriate word as required for
codification; and that any such rearranging of the numbering and editing shall not affect the
validity of this Local Law or the provisions of the Code affected thereby.
Section 4. Severability
The provisions of this Local Law are separable and if any provision, clause, sentence, subsection,
word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or
circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this
Local Law or their petition to other persons or circumstances. It is hereby declared to be the
legislative intent that this Local law would have been adopted if such illegal, invalid or
unconstitutional provision, clause, sentence, subsection, word or part had not been included
therein, and if such person or circumstance to which the Local Law or part hereof is held
inapplicable had been specifically exempt therefrom.
Section 5. This local law shall take effect immediately upon filing with the Office of the
Secretary of State.
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PUBLIC HEARING
TOWN OF FISHKILL
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town Board of the
Town of Fishkill, Dutchess County, New York, on June 16, 2021 at 7:00 P.M. at Mount Gulian
Historic Site, 145 Sterling Street, Beacon, New York 12508.
The Town Board of the Town of Fishkill is considering adoption of a Local law to amend
Chapter 146 of the Town Code (Water) concerning establishment of regulations and applicability
for all existing water districts and future water districts in the Town of Fishkill, Dutchess
County, State of New York.
The amendment to the local law would repeal and replace Article I of Chapter 146 in its entirety.
The proposed Local Law is available at the Town Clerk’s Office, at 807 Route 52, Fishkill
12524, Monday through Friday, 9:00 am to 4:00 pm.
Dated: May 14, 2021
BY ORDER OF THE TOWN OF FISHKILL
BECKI TOMPKINS, TOWN CLERK
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Disc-Reso-VandeWater & VandeWater - Tax Certiorari - Tristate Note
Repurchase Group LLC
Town Board Discussion #: (ID # 6082)
Van DeWater & Van DeWater, LLP, Kyle W. Barnett, Esq is to be authorized to enter into a
Consent Order and Judgment, settling Tax Certiorari proceedings brought by Tristate Note
Repurchase group LLC against the Town of Fishkill for the tax years 2020, and to sign such
papers as necessary.
RESULT: MOVE TO RESOLUTION
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Discussion of Resolution to Renew the Contract with Brink’s Armored Car
Service
Town Board Discussion #: (ID # 6087)
The Brink’s Company, was awarded the Armored Car Services for the Town of Fishkill for the
period of May 21, 2018 through May 21, 2019, renewable year-to-year.
There is a rate increase to approximately $490.70 per month plus any applicable ancillary and
fuel charges.
Sharon Mitchell, Comptroller, recommends the renewal of the Armored Car Service with The
Brink’s Company.
RESULT: MOVE TO RESOLUTION
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321335
This Contract shall be effective May 21, 2018, and shall serve as a temporary contract for a maximum period of thirty (30) days. Upon countersignature by an executive
officer at DUNBAR’s Headquarters, this Contract becomes a final Contract and shall remain effective in full force and effect for one year from the effective date and
thereafter from year-to-year, subject to the right of termination upon either party giving the other party written notice of such intention at least ninety (90) days prior to
any anniversary date.
THIS CONTRACT IS SUBJECT TO THE TERMS AND CONDITIONS ATTACHED HERETO.
DUNBAR ARMORED, INC. TOWN OF FISHKILL
Signed by: Matthew Brady – AE – Code #5210 Customer Signature Authorization
Countersigned by: Seth R. McElroy Print or Type Name & Title
SR VP Administration & Marketing Attachments
Service Days Frequency Legend The Following Attachments are Hereby Incorporated in the Contract:
WK OC X Schedule of Service Deposit Verification Rider
Weekly On Call
Dunbar EZChange Rider X Terms & Conditions
Page 1 of 3
DUNBAR ARMORED, INC.
SERVICE CONTRACT #56000214
CONTRACT executed May 15, 2018 by and between:
1. DUNBAR ARMORED, INC. (“DUNBAR”) and
50 SCHILLING ROAD
HUNT VALLEY, MD 21031
2. TOWN OF FISHKILL (“CUSTOMER”)
807 ROUTE 52
FISHKILL, NY 12524
WITNESSETH DUNBAR agrees, subject to the Terms and Conditions of the Contract, that it will accept and issue a receipt for sealed and locked containers, containing currency, coin,
checks, securities, or any other valuable item(s) from the listed CUSTOMER location(s) and deliver such containers in like condition, against receipt to the listed
depository, and/or to accept from the listed depository sealed and locked containers for delivery to the listed CUSTOMER location(s) in like condition and against
receipt therefore.
SCHEDULE OF SERVICE AND SERVICE RATES
(Schedule of Service Continued on Page 2)
DocuSign Envelope ID: 88D58D80-BD77-4638-98FF-46E8B8899E7A
Robert LaColla Supervisor
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Customer's Initials
Service Location(s): # Location
1 TOWN OF FISHKILL TOWN HALL 807 ROUTE 52 FISHKILL, NY 12524
DUNBAR agrees to provide CUSTOMER with a receipt book and an initial supply of scanning cards at no cost to the CUSTOMER . Replacement receipt books and scanning cards will be provided at DUNBAR's standard fees for such supplies. Excess declared amounts will be transported at the rate stated above per thousand. It is understood and agreed that CUSTOMER will notify DUNBAR prior to said amounts being shipped. This notification may take place at the point when the DUNBAR guard signs for said shipment and its "said to contain" value. DUNBAR's liability for excess cash and checks shall remain consistent with the terms and conditions as set forth in the Contract. Excess cash will be fully insured; checks will be subject to reconstruction. Holidays: On Call Excluding: New Year's, Easter, Thanksgiving, Christmas
xServices
Service Days (See Legend)
Maximum Shipments Depository(ies) Schedule of Rates Su M Tu W Th F Sa
Deposit Pickup WK WK Cash Per Location Checks Per Location
$150,000 $150,000
M&T Bank 67 Jackson Street Fishkill, Ny 12524 Mahopac Bank 1281 U.S. 9 Wappingers Falls, Ny 12590 Orange Bank And Trust 701 U.S. 9 Fishkill, Ny 12524 Td Bank 1850 South Road Wappingers Falls, Ny 12590
Per Month Per Location Per Hldy Exc Estr Thks & Xmas-on Call Per $1000 Over Stated Max Amount Per Item Over 3 Items Per Trip Per Minute Over 6 On Premises
$433.00 $75.00 $0.28 $1.00 $2.50
Change Order Delivery OC OC Change Order Per Location $5,000 M&T Bank 67 Jackson Street Fishkill, Ny 12524 Mahopac Bank 1281 U.S. 9 Wappingers Falls, Ny 12590 Orange Bank And Trust 701 U.S. 9 Fishkill, Ny 12524 Td Bank 1850 South Road Wappingers Falls, Ny 12590
Included in Monthly Rate Per Item Over 3 Items Per Trip
$0.00 $1.00
DocuSign Envelope ID: 88D58D80-BD77-4638-98FF-46E8B8899E7A10.6.a
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Customer's Initials
TERMS AND CONDITIONS
1. DUNBAR represents that it carries insurance with a responsible insurance company covering its liability as stated in this Contract for loss of or damage to property consigned to it hereunder and that it carries insurance which, subject to the terms and limits of the Contract or Contracts pertaining thereto, covers liability to third persons for damage incurred to them by reason of accidents for which DUNBAR is legally responsible and DUNBAR agrees to keep such insurance in force during the full life of this Contract.
2. The maximum liability for any cargo loss for property consigned to DUNBAR hereunder shall be the lesser sum of the liability assumed in this Contract as stated on the Schedule of Service and Service Rates, the value as stated in DUNBAR’S receipt for the sealed bags, packages or cassettes (containers) accepted or the actual cash value of any property lost or damaged. DUNBAR shall not be liable for any special, consequential or incidental losses or damage, including loss of interest, under any theory of liability.
3. Responsibility of DUNBAR for containers under this Contract shall begin when said containers have been accepted and receipted for by an AUTHORIZED EMPLOYEE of DUNBAR. Responsibility of DUNBAR for containers under this Contract shall end when said containers have been accepted and receipted for by the consignee or upon return to the shipper. If for any reason delivery to the consignee may not be completed, the said containers shall be returned to shipper. DUNBAR uses sophisticated scanners with barcode technology and tracking capability. It is understood and agreed that DUNBAR retains the right to provide CUSTOMER access to electronic signatures in lieu of hard copy receipts.
4. CUSTOMER agrees that all shipments of monies, notes, securities and other valuable property shall be contained in securely locked or sealed containers at the time of delivery to DUNBAR. DUNBAR shall not be obligated to receive any container not properly locked or sealed to its satisfaction. In the event that any container delivered to DUNBAR is not properly locked or sealed to its satisfaction, DUNBAR shall under no circumstances be liable or responsible for any shortage claimed with respect to the contents of such container. CUSTOMER further agrees that DUNBAR shall not be liable for any mysterious disappearance of, shortage of, or damage to the contents of any container unless the container was properly sealed at the time of delivery to DUNBAR and shows evidence of tampering at the time DUNBAR delivers said container to the consignee and the consignee immediately notes in writing the evidence of tampering on DUNBAR’S receipt document. Absent notation on DUNBAR’S receipt document by the consignee at the time of receipt, DUNBAR shall have no liability to CUSTOMER for sealed containers received by the consignee.
5. CUSTOMER agrees to maintain a complete record as to maker and amount of all checks placed in any shipment given to DUNBAR and in case of loss, or damage, to promptly, diligently and completely cooperate with DUNBAR in the identification and replacement of lost, destroyed or stolen checks contained in any such shipment. Complete cooperation shall include, but not be limited to, requests by CUSTOMER to makers of the missing checks to issue duplicates and in the event the makers refuse to do so, then to assert all its legal and equitable rights against said makers or to subrogate such rights to DUNBAR and its assigns. DUNBAR’S liability in the event of loss, destruction or theft of checks shall in all events be limited to payment for the reconstruction of such checks. Notwithstanding the foregoing, reconstruction cost shall be limited to $25,000 per occurrence.
6. Upon discovery of a claim for loss or damage under this Contract, CUSTOMER shall promptly report the same to the appropriate police authorities and shall maintain and preserve all evidence. Within ten (10) days after discovery of any loss, but in no event more than thirty (30) days after delivery to DUNBAR of the funds, securities, instruments and/or valuable articles in connection with such claim is asserted, CUSTOMER shall give notice of claim in writing to DUNBAR. If the CUSTOMER fails to comply with the conditions of this paragraph 6, CUSTOMER agrees that all claims against DUNBAR relating to the lost or damaged items are deemed to be waived and released. Within thirty (30) days after the giving of written notice of any claim for loss or damage under this Contract, CUSTOMER shall furnish to DUNBAR detailed written proof of such loss or damage in form satisfactory to DUNBAR’S insurer. CUSTOMER agrees to cooperate with and assist DUNBAR’S insurer in its adjustment of any loss. No action, suit or other proceeding to recover from any such loss or damage shall be maintained against DUNBAR unless CUSTOMER complies with all of the terms and conditions of this Contract, and unless such proceeding is commenced within twelve (12) months of the day of receipt by DUNBAR of the funds, securities, instruments and/or valuable articles with respect to which such suit, action or proceeding shall be brought. If it is determined that any of the provisions of this paragraph are invalid, then the notice requirements and the time for suit stated herein shall be the shortest limit of time allowable under applicable law. This Contract and all claims hereunder will be governed by the laws of the State of New York, and all claims, suits, or proceedings brought against DUNBAR to recover for loss or damage must be brought in a court within the jurisdiction of the State of New York.
7. It is expressly agreed by the CUSTOMER that the provisions of this Contract dealing with the total aggregate value to be accepted by DUNBAR from the CUSTOMER for delivery to the Depository, or from the Depository for delivery to the CUSTOMER, may not be waived or amended by any employee or agent of DUNBAR, except with the written consent of a corporate officer of DUNBAR. DUNBAR will not be liable for loss or damage to property or money consigned to it in excess of the maximum liability which DUNBAR agrees to accept for consignment under this Contract as stated in the Schedule of Service and Service Rates, unless this Contract has an Excess Liability clause. CUSTOMER understands that additional liability coverage is available and can be adjusted by Endorsement to this Contract. Changes in liability may result in adjustment of fees.
8. It is understood and agreed that DUNBAR shall not be responsible for any loss or damage caused by hostile or warlike action or any governmental seizure or by atomic weapons, nuclear reaction or radiation or radioactive contamination, whether controlled or uncontrolled, whether such loss be direct or indirect, proximate or remote. The phrase “hostile or warlike action or governmental seizure” is understood by CUSTOMER and DUNBAR to incorporate the provisions of the War Exclusion Clause adopted by the Inland Marine Underwriters and filed by the Inland Marine Insurance Bureau in all states.
9. DUNBAR shall not be liable for nonperformance or delays not caused by its fault or neglect, or for nonperformance or delays caused by strikes, riots, insurrection, acts of God or the public enemy, or means beyond its control.
10. In the event CUSTOMER issues a purchase order or other similar document in connection with the service to be provided in accordance with the Contract, it shall be for CUSTOMER’s internal purposes only and, therefore, even if it is acknowledged by DUNBAR, the terms and conditions of such document will have no effect on this Contract and the terms and conditions of this Contract shall nevertheless be controlling.
11. DUNBAR makes no warranties, express or implied, and expressly disclaims any and all warranties, except as stated herein.
12. An interest charge of one and one half percent (11/2%) per month of the amount unpaid, or such lesser rate as required by law, is due and payable to DUNBAR on all invoices not paid in full within thirty (30) days of the invoice date. As to invoices remaining unpaid beyond thirty (30) days, CUSTOMER agrees to pay, in addition to all service charges previously accrued, all DUNBAR’S costs of collection.
13. DUNBAR shall have the right to increase the charges provided for herein at any time after the expiration of one (1) year from the effective date of this Contract upon giving CUSTOMER written notice thirty (30) days in advance of such increase. Notwithstanding the foregoing, the rates for service may be increased in interim periods before the expiration of one (1) year from the effective date of this Contract and with reasonable written notice to CUSTOMER if there is a change in economic conditions arising out of any energy (fuel) or insurance crisis which causes an appreciable increase in DUNBAR’S cost of performing services under this Contract.
14. The provisions of this Agreement shall be binding upon the respective successors and assigns of the parties hereto, including any successor by way of any merger, consolidation, reorganization or other transaction involving any party hereto and/or its affiliates.
15. DUNBAR agrees to provide CUSTOMER with a receipt book and an initial supply of scanning cards at no cost to the CUSTOMER. Replacement receipt books and scanning cards will be provided at DUNBAR’S standard fees for such supplies.
16. CUSTOMER agrees that CUSTOMER has NO right to offset amounts owed to DUNBAR.
17. CUSTOMER understands and agrees that DUNBAR is entering this Contract to provide services outlined herein subject to the terms and conditions stated above. DUNBAR accepts the duties and responsibilities of this Contract only with the acceptance of and compliance with the terms and conditions stated above. Any claims made by CUSTOMER must be subject to these conditions, whether filed under contract, tort, warranty, strict liability, bailment, conversion, or any other theory of liability.
Any changes to the above Terms and Conditions are subject to approval of DUNBAR’S executive management at its Headquarters.
DocuSign Envelope ID: 88D58D80-BD77-4638-98FF-46E8B8899E7A10.6.a
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Discussion of Resolution Authorizing Reconciliation of Water Accounts
Town Board Discussion #: (ID # 6092)
The Town Board had previously engaged in the review of water accounts of citizens of the Town
Fishkill with respect to refunds and credits to be issued from the installation of smart meters
which were not accounted for properly. The Town Board has completed its review and provides
the attached document depicting the accounts and the proper actions to be taken to properly
refund and/or credit the accounts listed.
RESULT: MOVE TO RESOLUTION
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Discussion of Credit or Reimbursement of Back Bills From the Water Meter
Project
Town Board Discussion #: (ID # 5686)
The Town Board wishes to discuss finding resolutions to the back-bills issued to residents after
the installation of new water meters during the water meter replacement project.
RESULT: CLOSE
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Discussion of Resoution to Accept Resignation - Police Officer Joseph Saetta
Town Board Discussion #: (ID # 6094)
Chief of Police Keith L. Dworkin has received a letter of resignation from Police Officer Joseph
Saetta dated May 10, 2021, effective at 12:01 a.m. on May 10, 2021.
The Town Board wishes to recognize Police Officer Joseph Saetta and wish his the best of luck
in his future endeavors.
RESULT: MOVE TO RESOLUTION
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Date: May 11, 2021 To: Fishkill Town Board: Supervisor Ozzy Albra; Members Jacqueline Bardini, Ori Brachfeld, Louise Danielle and Kenya Gadsden From: Keith L. Dworkin, Chief of Police Subject: PERSONNEL DEPARTURE and MEMBER REASSIGNMENT REQUEST:
It is respectfully requested the Town Board accept the letter of resignation of Officer Joseph Saetta.
Officer Saetta has submitted his letter of resignation effective May 10, 2021. Officer Saetta was recently processed by the City of Mt Vernon for a full-time position as Police Officer. We wish him well in future endeavors and believe his time with the Town of Fishkill Police has provided him with an experience that will help him in his career in Law Enforcement.
Vacancies created by the loss of Detective Teddy Alston and the resignation of Detectives Darren Treacy and Detective David Bank, has left the Detective Bureau unable to cover the current 8:00 am through 10:00 pm Monday – Friday schedule. March 31, I submitted a request to the Town Board to fill two of the vacancies created by the loss of these three Detectives.
The promotional process was initiated by the posting of the position internally. Six department members submitted resumes, all but one has been interviewed, the sixth candidate withdrew his application by notifying the HR Director and Chief of Police through the internal email system.
A review of submitted resumes and interview of the five candidates clearly identified two
officers who have proven through training and experience to meet qualifications. It is respectfully requested Thomas Nafey be appointed to the position of Detective at the May
19, Town Board meeting.
Town of Fishkill Police Department 801 Route 52
Fishkill, New York 12524-3109 Tel (845) 831-1110 Fax (845) 838-6710
Keith L. Dworkin, Chief of Police
WWW.FISHKILL-NY.GOV/POLICE.HTML
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Officer Thomas Nafey, a 25-year retired police officer who spent his career with the City of Newburgh Police Department, the final three years of his career as a Patrol Sergeant. The fourteen years prior to his promotion to Sergeant he was assigned to the Detective Division. As a Detective, Tom was assigned to investigate approximately 53 Homicides, some as lead investigator. Tom has been with the department almost two years and he has demonstrated that he is well suited to perform the duties as a Detective serving the Town of Fishkill Police Department. It is respectfully requested Joseph DiPalma be appointed to the position of Detective at the May 19, Town Board meeting. Officer Joseph DiPalma, began his employment with the Town of Fishkill in 1979 as a Police Cadet. In 1989 Joe was hired as a Police Assistant performing duties on the Communications Staff. In 1996 he was appointed to the position of Police Officer. Joe demonstrated his ability to lead and was subsequently promoted to the position of Sergeant, which he held for approximately 10 years. In 1997, Joe was trained in accident reconstruction and became a certified crash scene investigator. Joe has conducted numerous investigations and was lead investigator in a Criminal Negligent Homicide arrest which resulted in a conviction. He has demonstrated that he is well suited to perform the duties as a Detective serving the Town of Fishkill Police Department.
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Discussion of 2021 Recreation Fund Budget Modification for Addition of
Pickleball Program
Town Board Discussion #: (ID # 6096)
The Recreation Director annually reviews and modifies the Recreation Programs according to
demand and need. Jason Maietta, Recreation Director, has determined that a Pickleball Program
should be added to the list of current recreation programs available to the residents of the Town
of Fishkill. The Pickleball program was not included in 2021 Adopted Budget.
The creation of this new program requires a modification to the 2021 Recreation Fund budget to
establish revenue and expenditures for the program. The requested budget modification is to add
a new Revenue Budget line CR CR73224.2003 Pickleball Program Revenue in the amount of
$3,000.00 and the offsetting expenditure budget lines as follows:
Pickleball Supplies CR73225.0422 $2,000.00
Pickleball Outside Services CR73225.0455 $1,000.00
RESULT: MOVE TO RESOLUTION
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Discussion of Budget Modification to 2021 Adopted General Fund Budget for
Document Scanning Services
Town Board Discussion #: (ID # 6098)
The Town is obligated by General Municipal Law to maintain a balanced budget in the
Governmental Funds and the Proprietary Funds.
The Town Board authorized the Town Clerk’s Laser Fiche project during the 2021 budget
process. The total project cost included in the 2021 budget is $21,030 for equipment, software
and indexing. The Town Clerk has requested a Budget Modification to account for the cost of
scanning the microfilm images and vital records. This budget modification request is for an
increase of Expenditure Line A14105.0455, General Fund Town Clerk Outside Services by
Seven Thousand Five Hundred Fifty Dollars ($7,550.00) and a decrease in Expenditure Line
A19905.0499, General Fund Contingency by Seven Thousand Five Hundred Fifty Dollars
($7,550.00).
RESULT: MOVE TO RESOLUTION
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Discussion of Modification to 2021 Adopted General Fund Budget for
Purchase of New Supervisor Vehicl
Town Board Discussion #: (ID # 6100)
The Town is obligated by General Municipal Law to maintain a balanced budget in the
Governmental Funds and the Proprietary Funds.
The Comptroller, at the direction of the Supervisor, has requested a budget modification to cover
the costs associated with the purchase of a new vehicle for use by the Supervisor. This budget
modification request is for an increase of Expenditure Line A12205.0205, General Fund
Supervisor-Vehicle by Fifty Thousand ($50,000.00) and an increase in Revenue Line
A12204.9999 General Fund Appropriated Fund Balance by Fifty Thousand Dollars
($50,000.00).
RESULT: MOVE TO RESOLUTION
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Discussion of Modification to the 2021 Adopted Special Revenue (CR) Fund
for Recreation Center Roof
Town Board Discussion #: (ID # 6102)
The Town Board has authorized the project to repair the Recreation Center’s roof and HVAC
roof intakes/ductwork. In 2020, the Town Board authorized a budget modification to increase
the expenditure for the capital project by $50,000. This increased funding was not spent in 2020.
In addition, this $50,000 of funding in the 2020 budget was not encumbered and is not included
(carried forward) in the 2021 budget.
The total budget for this capital project is projected to be $220,000. Total project expenditures as
of 12/31/2020 was $102,000. Open purchase orders/encumbrances at the end of the 2020 totaled
$71,000 and the 2021 budget was amended for these encumbrances. The project still requires
the additional $50,000 in the 2021 budget in order to complete the project and to cover the
remaining cost of services by the Contractor, Town Engineers, Project Facilitators and Town
Attorney.
The Comptroller has recommended a budget modification to increase the capital project budget
line in the Special Revenue-Recreation (CR) Fund and to increase the interfund transfer budget
line from the General Fund to the Recreation Fund by Fifty Thousand Dollars ($50,000). The
requested budget modifications are as follows:
Special Revenue-Recreation (CR) Fund
Increase Building Improvements Expenditures CR16215.0222 $50,000.00
Increase Interfund Transfer Revenue CR70204.5037 $50,000.00
General (A) Fund
Increase Interfund Transfers Expenditures A99015.0908 $50,000.00
Decrease Contingency A19905.0499 $50,000.00
RESULT: MOVE TO RESOLUTION
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Disucssion of Adopting A Cell Tower Ordinance
Town Board Discussion #: (ID # 6055)
The Town Board will discuss adopting an ordinance pertaining to cellular communications
towers.
RESULT: TABLED Next: 6/2/2021 7:00 PM
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Discussion of Assessments
Town Board Discussion #: (ID # 6089)
The Town Board will discuss asking the Town Assessor to make a presentation at the June 2,
2021 Town Board meeting.
RESULT: CLOSE
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Discussion of Marijuana Lounge
Town Board Discussion #: (ID # 6090)
The Town Board will discuss whether to permit a marijuana lounge in the Town.
RESULT: CLOSE
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Discussion of Marijuana Dispensary
Town Board Discussion #: (ID # 6091)
The Town Board will discuss whether to permit a marijuana dispensary in the Town.
RESULT: CLOSE
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Discussion of Unsafe Properties in the Town
Town Board Discussion #: (ID # 6109)
The Town Board has received correspondence from the Building Inspector that three properties
in the Town have been deemed to be in Unsafe condition, pursuant to Town Code §50-25.
RESULT: TABLED Next: 7/14/2021 7:00 PM
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Resolution to Authorize Seasonal Hiring - Recreation Department Summer
Programs
Resolution #: 2021-128
WHEREAS, the Town of Fishkill Recreation Department facilitates a number of summer
programs, including the Fishkill FUN! Camp; and
WHEREAS, these programs require staffing by seasonal employees, the number of which is
determined by the number of participants enrolled in these programs; and
WHEREAS, Recreation Director Jason Maietta and Human Resources Director Gina Basile
have advertised for several seasonal positions in accordance with the Town of Fishkill Hiring
Policy; and
WHEREAS, applicants were interviewed and the Recreation Director and Human Resources
Director have identified a list of qualified candidates for hire;
NOW, THEREFORE, BE IT RESOLVED, the Town Board does hereby appoint Recreation
Department seasonal employees, to seasonal terms, positions and rates of pay as attached hereto,
pursuant to the completion of required drug screenings and background checks as required by
law; and be it
FURTHER RESOLVED, the Town Supervisor and/or his authorized designee be and are
hereby authorized to take any and all actions necessary and convenient to give full effect to this
Resolution; and be it
FURTHER RESOLVED, this Resolution shall take effect immediately.
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Ozzy Albra, Town Supervisor
SECONDER: Kenya Gadsden, Council Member
AYES: Albra, Daniele, Gadsden, Bardini, Brachfeld
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Resolution to Appoint Caroline Magnotta as Part-Time Legislative Aide
Resolution #: 2021-129
WHEREAS, the Town Board recognizes the need for a part-time assistant to the Human
Resources Director; and
WHEREAS, pursuant to the Town of Fishkill Hiring Policy, the Town advertised for the
position of Part-Time Legislative Aide and conducted interviews of applicants; and
WHEREAS, the Human Resources Director has identified Caroline Magnotta as a suitable
candidate and recommends the Town Board appoint Ms. Magnotta to the position of Part-Time
Legislative Aide;
NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Fishkill does
hereby appoint Caroline Magnotta to the position of Part-Time Legislative Aide effective May
20, 2021, at a rate of $19 per hour, for a schedule not to exceed an average of 20 hours per week,
pursuant to the satisfactory completion of a background check; and be it
FURTHER RESOLVED, the Town Supervisor and/or his authorized designee be and are
hereby authorized to take any and all actions necessary and convenient to give full effect to this
Resolution; and be it
FURTHER RESOLVED, this Resolution shall be effective immediately.
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Ozzy Albra, Town Supervisor
SECONDER: Kenya Gadsden, Council Member
AYES: Albra, Daniele, Gadsden, Bardini, Brachfeld
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: RESO-VandeWater & VandeWater-Tax Certiorari - Tristate Note Repurchase
Group LLC
Resolution #: 2021-130
IT IS HEREBY RESOLVED that Van DeWater & Van DeWater, LLP, Kyle W. Barnett, Esq.,
of counsel, is authorized to enter into a Consent Order and Judgment in the form attached,
settling the tax certiorari proceedings brought by Tristate Note Repurchase Group, LLC, against
the Town of Fishkill for the tax years 2020 and to sign such other and further papers as are
necessary to effectuate the settlement.
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Ozzy Albra, Town Supervisor
SECONDER: Kenya Gadsden, Council Member
AYES: Albra, Daniele, Gadsden, Bardini, Brachfeld
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Resolution to Authorize Renewal of Contract with The Brink’s Armored Car
Service
Resolution #: 2021-131
WHEREAS, pursuant to the Town of Fishkill’s Procurement Policy, Request for Quotes were
made to multiple vendors for Armored Car Services in 2018; and
WHEREAS, The Brink’s Company was awarded the Armored Car Services contract for the
period of May 21, 2018 through May 21, 2019, renewable year-to-year on Resolution 2018-103;
and
WHEREAS, there is a rate increase to $490.70 per month plus any ancillary and fuel charges for
the scope of work as outlined in the original contract; and
WHEREAS, Sharon Mitchell, Comptroller, recommends the renewal of the Armored Car
Services contract with The Brink’s Company;
NOW, THEREFORE BE IT RESOLVED, that the Supervisor and the Town Board of the
Town of Fishkill hereby approves the year-to-year renewal of the contract with The Brink’s
Company, 50 Schilling Road, Hunt Valley, MD 21031 as defined in the original Request for
Quotes for Armored Car Services of the Town’s Facilities.
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Ozzy Albra, Town Supervisor
SECONDER: Kenya Gadsden, Council Member
AYES: Albra, Daniele, Gadsden, Bardini, Brachfeld
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321335
This Contract shall be effective May 21, 2018, and shall serve as a temporary contract for a maximum period of thirty (30) days. Upon countersignature by an executive
officer at DUNBAR’s Headquarters, this Contract becomes a final Contract and shall remain effective in full force and effect for one year from the effective date and
thereafter from year-to-year, subject to the right of termination upon either party giving the other party written notice of such intention at least ninety (90) days prior to
any anniversary date.
THIS CONTRACT IS SUBJECT TO THE TERMS AND CONDITIONS ATTACHED HERETO.
DUNBAR ARMORED, INC. TOWN OF FISHKILL
Signed by: Matthew Brady – AE – Code #5210 Customer Signature Authorization
Countersigned by: Seth R. McElroy Print or Type Name & Title
SR VP Administration & Marketing Attachments
Service Days Frequency Legend The Following Attachments are Hereby Incorporated in the Contract:
WK OC X Schedule of Service Deposit Verification Rider
Weekly On Call
Dunbar EZChange Rider X Terms & Conditions
Page 1 of 3
DUNBAR ARMORED, INC.
SERVICE CONTRACT #56000214
CONTRACT executed May 15, 2018 by and between:
1. DUNBAR ARMORED, INC. (“DUNBAR”) and
50 SCHILLING ROAD
HUNT VALLEY, MD 21031
2. TOWN OF FISHKILL (“CUSTOMER”)
807 ROUTE 52
FISHKILL, NY 12524
WITNESSETH DUNBAR agrees, subject to the Terms and Conditions of the Contract, that it will accept and issue a receipt for sealed and locked containers, containing currency, coin,
checks, securities, or any other valuable item(s) from the listed CUSTOMER location(s) and deliver such containers in like condition, against receipt to the listed
depository, and/or to accept from the listed depository sealed and locked containers for delivery to the listed CUSTOMER location(s) in like condition and against
receipt therefore.
SCHEDULE OF SERVICE AND SERVICE RATES
(Schedule of Service Continued on Page 2)
DocuSign Envelope ID: 88D58D80-BD77-4638-98FF-46E8B8899E7A
Robert LaColla Supervisor
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Page 2 of 3
Customer's Initials
Service Location(s): # Location
1 TOWN OF FISHKILL TOWN HALL 807 ROUTE 52 FISHKILL, NY 12524
DUNBAR agrees to provide CUSTOMER with a receipt book and an initial supply of scanning cards at no cost to the CUSTOMER . Replacement receipt books and scanning cards will be provided at DUNBAR's standard fees for such supplies. Excess declared amounts will be transported at the rate stated above per thousand. It is understood and agreed that CUSTOMER will notify DUNBAR prior to said amounts being shipped. This notification may take place at the point when the DUNBAR guard signs for said shipment and its "said to contain" value. DUNBAR's liability for excess cash and checks shall remain consistent with the terms and conditions as set forth in the Contract. Excess cash will be fully insured; checks will be subject to reconstruction. Holidays: On Call Excluding: New Year's, Easter, Thanksgiving, Christmas
xServices
Service Days (See Legend)
Maximum Shipments Depository(ies) Schedule of Rates Su M Tu W Th F Sa
Deposit Pickup WK WK Cash Per Location Checks Per Location
$150,000 $150,000
M&T Bank 67 Jackson Street Fishkill, Ny 12524 Mahopac Bank 1281 U.S. 9 Wappingers Falls, Ny 12590 Orange Bank And Trust 701 U.S. 9 Fishkill, Ny 12524 Td Bank 1850 South Road Wappingers Falls, Ny 12590
Per Month Per Location Per Hldy Exc Estr Thks & Xmas-on Call Per $1000 Over Stated Max Amount Per Item Over 3 Items Per Trip Per Minute Over 6 On Premises
$433.00 $75.00 $0.28 $1.00 $2.50
Change Order Delivery OC OC Change Order Per Location $5,000 M&T Bank 67 Jackson Street Fishkill, Ny 12524 Mahopac Bank 1281 U.S. 9 Wappingers Falls, Ny 12590 Orange Bank And Trust 701 U.S. 9 Fishkill, Ny 12524 Td Bank 1850 South Road Wappingers Falls, Ny 12590
Included in Monthly Rate Per Item Over 3 Items Per Trip
$0.00 $1.00
DocuSign Envelope ID: 88D58D80-BD77-4638-98FF-46E8B8899E7A12.A.4.a
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Customer's Initials
TERMS AND CONDITIONS
1. DUNBAR represents that it carries insurance with a responsible insurance company covering its liability as stated in this Contract for loss of or damage to property consigned to it hereunder and that it carries insurance which, subject to the terms and limits of the Contract or Contracts pertaining thereto, covers liability to third persons for damage incurred to them by reason of accidents for which DUNBAR is legally responsible and DUNBAR agrees to keep such insurance in force during the full life of this Contract.
2. The maximum liability for any cargo loss for property consigned to DUNBAR hereunder shall be the lesser sum of the liability assumed in this Contract as stated on the Schedule of Service and Service Rates, the value as stated in DUNBAR’S receipt for the sealed bags, packages or cassettes (containers) accepted or the actual cash value of any property lost or damaged. DUNBAR shall not be liable for any special, consequential or incidental losses or damage, including loss of interest, under any theory of liability.
3. Responsibility of DUNBAR for containers under this Contract shall begin when said containers have been accepted and receipted for by an AUTHORIZED EMPLOYEE of DUNBAR. Responsibility of DUNBAR for containers under this Contract shall end when said containers have been accepted and receipted for by the consignee or upon return to the shipper. If for any reason delivery to the consignee may not be completed, the said containers shall be returned to shipper. DUNBAR uses sophisticated scanners with barcode technology and tracking capability. It is understood and agreed that DUNBAR retains the right to provide CUSTOMER access to electronic signatures in lieu of hard copy receipts.
4. CUSTOMER agrees that all shipments of monies, notes, securities and other valuable property shall be contained in securely locked or sealed containers at the time of delivery to DUNBAR. DUNBAR shall not be obligated to receive any container not properly locked or sealed to its satisfaction. In the event that any container delivered to DUNBAR is not properly locked or sealed to its satisfaction, DUNBAR shall under no circumstances be liable or responsible for any shortage claimed with respect to the contents of such container. CUSTOMER further agrees that DUNBAR shall not be liable for any mysterious disappearance of, shortage of, or damage to the contents of any container unless the container was properly sealed at the time of delivery to DUNBAR and shows evidence of tampering at the time DUNBAR delivers said container to the consignee and the consignee immediately notes in writing the evidence of tampering on DUNBAR’S receipt document. Absent notation on DUNBAR’S receipt document by the consignee at the time of receipt, DUNBAR shall have no liability to CUSTOMER for sealed containers received by the consignee.
5. CUSTOMER agrees to maintain a complete record as to maker and amount of all checks placed in any shipment given to DUNBAR and in case of loss, or damage, to promptly, diligently and completely cooperate with DUNBAR in the identification and replacement of lost, destroyed or stolen checks contained in any such shipment. Complete cooperation shall include, but not be limited to, requests by CUSTOMER to makers of the missing checks to issue duplicates and in the event the makers refuse to do so, then to assert all its legal and equitable rights against said makers or to subrogate such rights to DUNBAR and its assigns. DUNBAR’S liability in the event of loss, destruction or theft of checks shall in all events be limited to payment for the reconstruction of such checks. Notwithstanding the foregoing, reconstruction cost shall be limited to $25,000 per occurrence.
6. Upon discovery of a claim for loss or damage under this Contract, CUSTOMER shall promptly report the same to the appropriate police authorities and shall maintain and preserve all evidence. Within ten (10) days after discovery of any loss, but in no event more than thirty (30) days after delivery to DUNBAR of the funds, securities, instruments and/or valuable articles in connection with such claim is asserted, CUSTOMER shall give notice of claim in writing to DUNBAR. If the CUSTOMER fails to comply with the conditions of this paragraph 6, CUSTOMER agrees that all claims against DUNBAR relating to the lost or damaged items are deemed to be waived and released. Within thirty (30) days after the giving of written notice of any claim for loss or damage under this Contract, CUSTOMER shall furnish to DUNBAR detailed written proof of such loss or damage in form satisfactory to DUNBAR’S insurer. CUSTOMER agrees to cooperate with and assist DUNBAR’S insurer in its adjustment of any loss. No action, suit or other proceeding to recover from any such loss or damage shall be maintained against DUNBAR unless CUSTOMER complies with all of the terms and conditions of this Contract, and unless such proceeding is commenced within twelve (12) months of the day of receipt by DUNBAR of the funds, securities, instruments and/or valuable articles with respect to which such suit, action or proceeding shall be brought. If it is determined that any of the provisions of this paragraph are invalid, then the notice requirements and the time for suit stated herein shall be the shortest limit of time allowable under applicable law. This Contract and all claims hereunder will be governed by the laws of the State of New York, and all claims, suits, or proceedings brought against DUNBAR to recover for loss or damage must be brought in a court within the jurisdiction of the State of New York.
7. It is expressly agreed by the CUSTOMER that the provisions of this Contract dealing with the total aggregate value to be accepted by DUNBAR from the CUSTOMER for delivery to the Depository, or from the Depository for delivery to the CUSTOMER, may not be waived or amended by any employee or agent of DUNBAR, except with the written consent of a corporate officer of DUNBAR. DUNBAR will not be liable for loss or damage to property or money consigned to it in excess of the maximum liability which DUNBAR agrees to accept for consignment under this Contract as stated in the Schedule of Service and Service Rates, unless this Contract has an Excess Liability clause. CUSTOMER understands that additional liability coverage is available and can be adjusted by Endorsement to this Contract. Changes in liability may result in adjustment of fees.
8. It is understood and agreed that DUNBAR shall not be responsible for any loss or damage caused by hostile or warlike action or any governmental seizure or by atomic weapons, nuclear reaction or radiation or radioactive contamination, whether controlled or uncontrolled, whether such loss be direct or indirect, proximate or remote. The phrase “hostile or warlike action or governmental seizure” is understood by CUSTOMER and DUNBAR to incorporate the provisions of the War Exclusion Clause adopted by the Inland Marine Underwriters and filed by the Inland Marine Insurance Bureau in all states.
9. DUNBAR shall not be liable for nonperformance or delays not caused by its fault or neglect, or for nonperformance or delays caused by strikes, riots, insurrection, acts of God or the public enemy, or means beyond its control.
10. In the event CUSTOMER issues a purchase order or other similar document in connection with the service to be provided in accordance with the Contract, it shall be for CUSTOMER’s internal purposes only and, therefore, even if it is acknowledged by DUNBAR, the terms and conditions of such document will have no effect on this Contract and the terms and conditions of this Contract shall nevertheless be controlling.
11. DUNBAR makes no warranties, express or implied, and expressly disclaims any and all warranties, except as stated herein.
12. An interest charge of one and one half percent (11/2%) per month of the amount unpaid, or such lesser rate as required by law, is due and payable to DUNBAR on all invoices not paid in full within thirty (30) days of the invoice date. As to invoices remaining unpaid beyond thirty (30) days, CUSTOMER agrees to pay, in addition to all service charges previously accrued, all DUNBAR’S costs of collection.
13. DUNBAR shall have the right to increase the charges provided for herein at any time after the expiration of one (1) year from the effective date of this Contract upon giving CUSTOMER written notice thirty (30) days in advance of such increase. Notwithstanding the foregoing, the rates for service may be increased in interim periods before the expiration of one (1) year from the effective date of this Contract and with reasonable written notice to CUSTOMER if there is a change in economic conditions arising out of any energy (fuel) or insurance crisis which causes an appreciable increase in DUNBAR’S cost of performing services under this Contract.
14. The provisions of this Agreement shall be binding upon the respective successors and assigns of the parties hereto, including any successor by way of any merger, consolidation, reorganization or other transaction involving any party hereto and/or its affiliates.
15. DUNBAR agrees to provide CUSTOMER with a receipt book and an initial supply of scanning cards at no cost to the CUSTOMER. Replacement receipt books and scanning cards will be provided at DUNBAR’S standard fees for such supplies.
16. CUSTOMER agrees that CUSTOMER has NO right to offset amounts owed to DUNBAR.
17. CUSTOMER understands and agrees that DUNBAR is entering this Contract to provide services outlined herein subject to the terms and conditions stated above. DUNBAR accepts the duties and responsibilities of this Contract only with the acceptance of and compliance with the terms and conditions stated above. Any claims made by CUSTOMER must be subject to these conditions, whether filed under contract, tort, warranty, strict liability, bailment, conversion, or any other theory of liability.
Any changes to the above Terms and Conditions are subject to approval of DUNBAR’S executive management at its Headquarters.
DocuSign Envelope ID: 88D58D80-BD77-4638-98FF-46E8B8899E7A12.A.4.a
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Resolution Authorizing Reconciliation of Water Accounts
Resolution #: 2021-132
WHEREAS, the Town Board had previously engaged in the review of water accounts of
citizens of the Town Fishkill with respect to refunds and credits to be issued from the installation
of smart meters which were not accounted for properly; and
WHEREAS, the Town Board has completed its review and provides the attached document
depicting the accounts and the proper actions to be taken to properly refund and/or credit the
accounts listed;
NOW, THEREFORE, BE IT RESOLVED by the Town Board as follows:
Section 1. All “WHEREAS” paragraphs are incorporated herein by reference as
though set forth in full.
Section 2. The Town Board hereby authorizes the refunds and credits and other
actions listed on the attached document be taken following adoption of
this Resolution.
Section 3. The Town Supervisor and any other officer or employee as directed by the
Town Supervisor shall take any and all necessary actions to carry out the
provisions of this Resolution.
Section 4. This Resolution shall be effective immediately.
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Ozzy Albra, Town Supervisor
SECONDER: Louise Daniele, Kenya Gadsden
AYES: Albra, Daniele, Gadsden, Bardini, Brachfeld
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Resolution to Accept Resignation - Police Officer Joseph Saetta
Resolution #: 2021-133
WHEREAS, Chief of Police Keith L. Dworkin has received a letter of resignation from Police
Officer Joseph Saetta, effective at 12:01 a.m. on May 10, 2021; and
WHEREAS, The Town Board wishes to recognize Police Officer Joseph Saetta and wish him
the best of luck in his future endeavors;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Fishkill
hereby accepts the resignation of Police Officer Joseph Saetta effective at 12:01 a.m. on May 10,
2021; and be it
FURTHER RESOLVED, that the Town Supervisor or his authorized designee be and are
hereby, authorized and directed to take all actions necessary and convenient to give full effect to
this Resolution; and be it
FURTHER RESOLVED, that this Resolution take effect immediately.
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Ozzy Albra, Town Supervisor
SECONDER: Kenya Gadsden, Council Member
AYES: Albra, Daniele, Gadsden, Bardini, Brachfeld
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Date: May 11, 2021 To: Fishkill Town Board: Supervisor Ozzy Albra; Members Jacqueline Bardini, Ori Brachfeld, Louise Danielle and Kenya Gadsden From: Keith L. Dworkin, Chief of Police Subject: PERSONNEL DEPARTURE and MEMBER REASSIGNMENT REQUEST:
It is respectfully requested the Town Board accept the letter of resignation of Officer Joseph Saetta.
Officer Saetta has submitted his letter of resignation effective May 10, 2021. Officer Saetta was recently processed by the City of Mt Vernon for a full-time position as Police Officer. We wish him well in future endeavors and believe his time with the Town of Fishkill Police has provided him with an experience that will help him in his career in Law Enforcement.
Vacancies created by the loss of Detective Teddy Alston and the resignation of Detectives Darren Treacy and Detective David Bank, has left the Detective Bureau unable to cover the current 8:00 am through 10:00 pm Monday – Friday schedule. March 31, I submitted a request to the Town Board to fill two of the vacancies created by the loss of these three Detectives.
The promotional process was initiated by the posting of the position internally. Six department members submitted resumes, all but one has been interviewed, the sixth candidate withdrew his application by notifying the HR Director and Chief of Police through the internal email system.
A review of submitted resumes and interview of the five candidates clearly identified two
officers who have proven through training and experience to meet qualifications. It is respectfully requested Thomas Nafey be appointed to the position of Detective at the May
19, Town Board meeting.
Town of Fishkill Police Department 801 Route 52
Fishkill, New York 12524-3109 Tel (845) 831-1110 Fax (845) 838-6710
Keith L. Dworkin, Chief of Police
WWW.FISHKILL-NY.GOV/POLICE.HTML
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Officer Thomas Nafey, a 25-year retired police officer who spent his career with the City of Newburgh Police Department, the final three years of his career as a Patrol Sergeant. The fourteen years prior to his promotion to Sergeant he was assigned to the Detective Division. As a Detective, Tom was assigned to investigate approximately 53 Homicides, some as lead investigator. Tom has been with the department almost two years and he has demonstrated that he is well suited to perform the duties as a Detective serving the Town of Fishkill Police Department. It is respectfully requested Joseph DiPalma be appointed to the position of Detective at the May 19, Town Board meeting. Officer Joseph DiPalma, began his employment with the Town of Fishkill in 1979 as a Police Cadet. In 1989 Joe was hired as a Police Assistant performing duties on the Communications Staff. In 1996 he was appointed to the position of Police Officer. Joe demonstrated his ability to lead and was subsequently promoted to the position of Sergeant, which he held for approximately 10 years. In 1997, Joe was trained in accident reconstruction and became a certified crash scene investigator. Joe has conducted numerous investigations and was lead investigator in a Criminal Negligent Homicide arrest which resulted in a conviction. He has demonstrated that he is well suited to perform the duties as a Detective serving the Town of Fishkill Police Department.
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Resolution to Amend Recreation Fund Budget for Addition of Pickleball
Program
Resolution #: 2021-134
WHEREAS, the Recreation Director annually reviews and modifies the department’s
Recreation Programs according to demand and need; and
WHEREAS, Jason Maietta, Recreation Director has determined that a Pickleball Program
should be added to the list of current Recreation Programs available to the residents of the Town
of Fishkill; and
WHEREAS, the Recreation Director is requesting a 2021 Budget Modification to allow for the
addition of new Revenue Budget Line CR73224.2003 Pickleball Program Revenue in the
amount of $3,000.00 and the offsetting expenditure budget lines as follows:
Pickleball Supplies CR73225.0422 $2,000.00
Pickleball Outside Services CR73225.0455 $1,000.00
WHEREAS, the Town Board has reviewed this proposed 2021 Recreation Fund Budget
Modification and has deemed it appropriate;
NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Fishkill hereby
authorizes the requested 2021 Recreation Fund Budget Modification from the Recreation
Director to add the Revenue and Expenditures for a Pickleball Program as proposed and
attached.
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Ozzy Albra, Town Supervisor
SECONDER: Kenya Gadsden, Council Member
AYES: Albra, Daniele, Gadsden, Bardini, Brachfeld
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Resolution to Authorize Modification to 2021 Adopted General (A) Fund
Budget for Document Scanning
Resolution #: 2021-135
WHEREAS, the Town is obligated by General Municipal Law to maintain a balanced budget in
the Governmental Funds and the Proprietary Funds; and
WHEREAS, the Town Clerk has requested a Budget Modification to account for the service
costs associated with scanning the Town’s vital records and microfilm images; and
WHEREAS, this request is for an increase of Expenditure Line A14105.0455, General Fund
Town Clerk Outside Services by Seven Thousand Five Hundred Fifty Dollars ($7,550.00) and a
decrease in Expenditure Line A19905.0499, General Fund Contingency by Seven Thousand Five
Hundred Fifty Dollars ($7,550.00); and
WHEREAS, the Town Board has considered the proposed Budget Modification as submitted by
the Town Clerk and deems it to be in the best interest of the Town to make this Budget
Modification;
NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Fishkill hereby
amends the 2021 General (A) Fund Adopted Budget as stated herein.
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Ozzy Albra, Town Supervisor
SECONDER: Kenya Gadsden, Council Member
AYES: Albra, Daniele, Gadsden, Bardini, Brachfeld
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Resolution to Authorize Modification to 2021 Adopted General (A) Fund
Budget for Purchase of Vehicle
Resolution #: 2021-136
WHEREAS, the Town is obligated by General Municipal Law to maintain a balanced budget in
the Governmental Funds and the Proprietary Funds; and
WHEREAS, the Comptroller, at the direction of the Supervisor, has requested a Budget
Modification to account for the costs associated with purchase of a new Supervisor vehicle; and
WHEREAS, this request is for an increase of Expenditure Line A12205.0205, General Fund
Supervisor-Vehicle by Fifty Thousand ($50,000.00) and an increase in Revenue Line
A12204.9999 General Fund Appropriated Fund Balance by Fifty Thousand Dollars
($50,000.00); and
WHEREAS, the Town Board has considered the proposed Budget Modification as submitted by
the Comptroller and deems it to be in the best interest of the Town to make this Budget
Modification;
NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Fishkill hereby
amends the 2021 General (A) Fund Adopted Budget as stated herein.
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Ozzy Albra, Town Supervisor
SECONDER: Kenya Gadsden, Council Member
AYES: Albra, Daniele, Gadsden, Bardini, Brachfeld
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Resolution to Set Public Hearing - Local Law Amending Chapter 146 of the
Town Code
Resolution #: (ID # 5915)
NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Fishkill hereby
sets a Public Hearing on a proposed Local Law, Amending Chapter 146 of the Town of Fishkill
Town Code on June 16, 2021, 7:00 p.m., or as soon thereafter, at Mount Gulian Historic Site,
145 Sterling Street, Beacon, New York 12508.
RESULT: TABLED Next: 6/2/2021 7:00 PM
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INTRODUCTORY
LOCAL LAW NO. D-v1 OF 2021
TOWN BOARD TOWN OF FISHKILL
PROPOSED LOCAL LAW AMENDING
CHAPTER 146 OF THE CODE OF THE TOWN OF FISHKILL
A LOCAL LAW to amend Chapter 146, concerning Beacon Hills, Glenham, Blodgett, Rombout
and Brinckerhoff Water Districts
BE IT ENACTED by the Town Board of the Town of Fishkill as follows:
Section 1. The following in Chapter 146, Article I, of the Code of the Town of Fishkill entitled
“Beacon Hills, Glenham and Brinckerhoff Water Districts” is hereby repealed and replaced for
Town Code to read as follows:
Article I. Beacon Hills, Glenham, Blodgett, Rombout and Brinckerhoff Water Districts
§ 146-1. Establishment of regulations; applicability.
The following are the rules and regulations established pursuant to law by the Town Board of
the Town of Fishkill acting as a Board of Water Commissioners for all existing water districts,
and future water districts in the Town of Fishkill, Dutchess County, State of New York, and
said rules and regulations shall apply to all those within the water districts and/or being supplied
water from the water districts.
§ 146-2. Definitions.
As used in this article, the following terms shall have the meanings indicated:
ACCESS
Allowing Town of Fishkill agents and employees entry to a premises, including all
buildings and portions of the same which contain water pipes, meters, remote meters and
wire and pipes connected thereto. Access includes clearing away for the Town's agents
and employees any personal property, debris or obstructions and removing any structural
obstructions, drywall, ceiling partitions or other impediments to the inspecting, repair or
replacement of water meters, pipes, wires and other appurtenances which the Town
maintains.
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[Added 5-3-2017 by L.L. No. 5-2017]
DISTRICT MAIN or WATER MAIN or MAIN
The pipes of the water district systems conveying water along the streets of such districts.
OWNER or CONSUMER
The owner or owners of the premises supplied or furnished with water.
SERVICE PIPE or SERVICE MAIN
The pipe and attachments of every kind and nature thereto connecting the district main
with the house piping. The service pipe or service main is the property of and
responsibility of the owner.
§ 146-3. Rules and regulations; penalties for offenses.
A. Prior to tapping any main, a permit shall be obtained from the Town Clerk of the Town of
Fishkill. The fee for said permit shall be according to the latest fee schedule as
established by the Town Board of the Town of Fishkill. Anyone who shall tap or shall
cause to be tapped any main without a permit shall be guilty of an offense and shall be
liable to a fine of up to $10,000.00
B. All taps shall be made at the expense of the person making the connection with the
approval of a Town professional.
C. Only currently licensed plumbers who have posted an approved bond in the sum of
$10,000.00to insure the water districts against damage shall be permitted to install
connecting service mains.
D. No streets shall be opened for the purpose of connecting with water mains unless a
permit to do so shall have been issued by the Town Clerk of the Town of Fishkill. The
fee for such a permit shall be according to the latest fee schedule established by the
Town Board of the Town of Fishkill. Any person who shall open or cause to be opened
any street for the purpose of connecting or laying water pipe without said permit shall be
guilty of an offense and shall be liable to a fine of up to $200. Before a permit to open
said street shall be issued, a bond in the amount of $5,000 shall be furnished to the
Town of Fishkill.
E. All connections to the main and all service mains and connections shall conform to current
Town of Fishkill rules and regulations as adopted by Resolution of the Town Board. All
work must be examined and approved by the superintendent of the water district or
other representative of the Town Board before covering.
F. Every water service shall be supplied through a meter. The water rates, water billing
schedule and penalties shall be according to the latest fee schedule as established by the
Town Board of the Town of Fishkill. If a water bill is not paid after all applicable
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penalty periods, then the superintendent of the district shall cause the water to be turned
off to the premises for which the said bill remains unpaid, after notice not exceeding 10
days. All water rents and other lawful charges in connection with the water system shall
be a lien upon the real estate where such water is supplied. All penalties for the violation
of any rules and regulations hereafter adopted, if not paid when imposed, shall
constitute a lien upon the real property and premises in like manner as unpaid water
rents. All water rents, penalties and other lawful charges remaining due and unpaid at the
time that the annual tax roll of the water district is made up shall be included therein and
levied against the real property on which the water shall have been used and shall be
collected with and in the same manner as other Town taxes with the additional fees,
charges and penalties incident to the collection of such taxes.
G. Not more than one house or building used as a dwelling shall be supplied from one tap
except by the special permit of the Town Board of the Town of Fishkill. Every such
special permit shall, however, be revocable at the pleasure of said Board.
H. Meters.
(1) All water meters used in the water districts shall be only those approved and
furnished (sold) by the districts, up to 1”, and remain the property of the districts
unless otherwise agreed to by the Town Board. Any special meters, above 1” and
all commercial / industrial, are to be supplied by the owner and agreed to by the
Town Board shall remain the property of the owner and shall be maintained by the
owner. As water systems are modified causing existing water meters above 1” and
all commercial / industrial water meters, to become obsolete it shall be the
owner’s responsibility at the owner’s expense to modify or replace the meter
with a new compatible town approved meter.
(2) All meters shall be set at the expense of the property owner whose property is
receiving water service in such position as to be readily accessible for reading and
repair and shall be fully protected from frost and other damage at the expense of the
property owner. A suitable stopcock shall be placed on the service pipe on the inlet
side of the meter.
(3) If a district owned meter is damaged by frost or other faulty installation, then the
cost of a new meter and installation is the responsibility of the owner. District owned
Meters will be tested at the owner's written request. If the meter is found correct,
the owner shall bear the expense of the test and such expense shall be according to
the latest fee schedule as established by the Town Board. The expense of the test
shall become a part of the water bill. If a meter fails to register correctly, the owner
will be charged the average daily consumption as shown by the meter when in
working order and said meter will be repaired or replaced at the expense of the
water district. Damage caused by a faulty meter shall be the responsibility of the
owner unless the water district fails to respond to a written notice of said faulty
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meter within a reasonable time not to exceed three days from receipt of notice.
(4) Where the Town, its contractors, agents, or employees requires that any meter be
inspected, changed, modified, upgraded or otherwise altered and the Town or the
Town's contractor or other designee provides notice to the property owner that
access is required to the property to read, inspect, alter, modify, maintain or replace
any water meter, and the property owner fails to provide access within the
timeframe set forth in the notice (except in the case of emergency, not less than five
calendar days), the Town shall assess a surcharge to the property owner for the
failure to provide access. Said surcharge shall be in an amount fixed by resolution of
the Town Board from time to time in its Fee Schedule until such time as the water
meter is installed or the existing meter is made accessible. Said surcharge may be in
an amount up to three times the estimated water usage until such time as access to the
water meter is provided. Said assessment may be waived by the Town Board for
good cause shown. All property owners shall remain subject to all other
remedies and enforcement penalties provided under this article and other
applicable laws. [Added 5-3-2017 by L.L. No. 5-2017]
(5) Whenever a hot-water boiler or steam boiler is on a meter service a suitable double
check valve shall be placed on the service pipe between the meter and the boiler to
prevent the return of hot water through the meter. A suitable relief valve shall be on
the house side of the check valve.
(6) The Town Board of the Town of Fishkill and all those delegated by them shall have
free access to all parts of any building structure or premises where water from mains
of the districts is being used or introduced.
(7) All persons receiving water service shall keep their service mains, Curb Valve Risers
and water fixtures in good repair and thoroughly protected from frost and other
damage and shall prevent any waste of water. In the event that repairs are needed
to prevent waste of water, any owner who shall neglect to make such repairs
within three days after notice from the Town Board of the Town of Fishkill shall
have the water turned off at the superintendent's discretion against property where the
waste of water is occurring until such time as necessary repairs are made to prevent
such waste of water.
I. No water district hydrants shall be opened by any person but the Town's contractor
servicing the water districts or any other duly authorized person designated by the Town
Board of the Town of Fishkill. A hydrant use permit shall be obtained from the Town
Clerk's office and the proper fee shall be paid according to the current fee schedule.
Nothing in this section shall be construed as applying to a member of a municipal fire
company. Any person violating this section shall be guilty of an offense and shall be
liable for a fine as follows: first offense, $200; second offense, $300; third offense, $500;
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and/or 10 days in jail. [Amended 10-19-1992 by L.L. No. 8-1992]
J. The Town Board of the Town of Fishkill reserves the right to suspend the supply of
water to any street or streets without notice, when circumstances require it, and also
reserves the right to shut off the entire supply from any street or streets when necessary for
repairs or extensions. Local notice shall be given for planned shutdowns greater than four
hours in duration.
K. In all cases where the water has been turned off for nonpayment of water rates or for
violation of any rule or regulation of this article, it shall not be turned on again until the
expense of turning the water off shall have been paid, together with such penalty that
may have been imposed and rates that may be due. Fees for turning water on and off
shall be according to the latest fee schedule as established by the Town Board of the
Town of Fishkill.
L. No meter shall be opened, adjusted or interfered with in any way except by permission of
the Town Board of the Town of Fishkill or the superintendents of the water districts.
Any person violating this section shall be guilty of an offense and shall be liable to a fine
of up to $100.
M. Any person who shall, without authorization from the Town Board of the Town of Fishkill,
by any means introduce water from the mains of the water districts into premises where the
water service has been turned off for nonpayment of the meter-rate bill or violation of the
rules and regulations of this article shall be guilty of an offense and shall be liable for a fine
of up to $500.
N. Any person who shall obstruct access to any fire hydrant or stopcock connected to any
water main in any street by placing thereon rubbish, snow or other hindrance shall be
guilty of an offense and shall be liable to a fine of up to $100.
O. The penalty for the violation of any rules or regulations of this article, in addition to
penalties specifically enumerated herein, shall be prompt stoppage of water to the
premises where the violation has occurred, and the Town Board of the Town of Fishkill is
hereby authorized to enforce this penalty at its discretion.
No water main shall be tapped for, nor any service main extended outside the
boundaries of, the water district except on special application therefor filed with the
Town Board and a special permit there for granted and issued by the Town Board.
An application for consent to establish, construct, install, extend, enlarge and acquire a
water supply and distribution system in the Town shall be first made, in writing, to the
Dutchess County Department of Health (“DCDOH”). Such application shall be filed as
specified by the DC-DOH and shall be accompanied by detailed plans and specifications,
engineering design for the water – sewer demand, for the proposed project as well as a
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map designating the area to be served and showing the topography thereof and the
location of streets and roads therein.
Upon DC DOH approval an escrow account must be established with the Town of Fishkill
Comptroller prior to any communication with the Town of Fishkill. An application for
consent to establish, construct, install, extend, enlarge and acquire a water supply and
distribution system in the Town shall be made, in writing, to the Town Board. Such
application shall be filed in triplicate with the Town Clerk and shall be accompanied by
detailed plans and specifications, engineering design for the water – sewer demand, for the
proposed project as well as a map designating the area to be served and showing the
topography thereof and the location of streets and roads therein. The Town Board may
determine an alternative appropriate district in the case of extension applications based
upon consultation with the Town’s professionals and consideration of any applicable
health, safety and infrastructure considerations. A will serve letter will be provided upon
approvals of the DC-DOH and Town Board.
Except as hereinafter provided, it shall hereafter be unlawful for any person, owner or
operator, other than a public authority, to establish, construct, install, extend, enlarge,
acquire, operate and maintain any water supply and distribution system within the
territorial limits of the Town of Fishkill, outside the Village of Fishkill, without the prior
written consent of a majority of the members of the Town Board. The prohibition herein
shall preclude any person, owner or operator from establishing, extending, enlarging and
acquiring any water supply and distribution system by means of a merger, consolidation,
joint venture or any other method of combining existing operations, facilities, ownerships
and entities without first obtaining the written consent required by this article.
The Town Board shall impose such conditions upon the granting of the permit as shall
be deemed fitting and proper by them and shall impose and collect such water rents and
charges for water service as they deem best.
P. The Town Board of the Town of Fishkill reserves the right to change, modify,
supplement or amend rules and regulations enacted pursuant to this article by resolution.
The Town reserves the right to change, modify, supplement or amend such rules and
regulations which the Town Boards deems best to regulate the water supply and the proper
and efficient administration of the water district and to make rates and /or contracts for the
use of water in special cases. Further, the Town Board may amend the rates and charges
for the use of water from time to time by resolution. Should the Town of Fishkill improve,
modify, or alter a water system in a district, causing pressures to achieve or exceed 80 psi
it shall be the responsibility of the property owner to supply and install a pressure
reducing valve at the property owner’s expense. The valve shall meet the requirements of
the Town rules and regulations and shall remain the responsibility and property owner.
Q. The Zoning Administrator, or other such public officer(s) as shall be designated by the
Town Board by resolution, shall be empowered to file accusatory instruments and to
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issue appearance tickets to prosecute offenders identified in this section.
[Added 7-19-2000 by L.L. No. 7-2000]
Section 2. Ratification, Readoption and Confirmation
Except as specifically modified by the amendments contained herein, Chapter 146 of the Town
Code of the Town of Fishkill is otherwise to remain in full force and effect and is otherwise
ratified, readopted and confirmed.
Section 3. Numbering for Codification
It is the intention of the Town of Fishkill and it is hereby enacted that the provisions of this Local
Law shall be included in the Code of the Town of Fishkill; that the sections and subsections of
this Local Law may be re-numbered or re-lettered by the Codifier to accomplish such intention;
that the Codifier shall make no substantive changes to this Local Law; that the word “Local
Law” shall be changed to “Chapter,” “Section” or other appropriate word as required for
codification; and that any such rearranging of the numbering and editing shall not affect the
validity of this Local Law or the provisions of the Code affected thereby.
Section 4. Severability
The provisions of this Local Law are separable and if any provision, clause, sentence, subsection,
word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or
circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this
Local Law or their petition to other persons or circumstances. It is hereby declared to be the
legislative intent that this Local law would have been adopted if such illegal, invalid or
unconstitutional provision, clause, sentence, subsection, word or part had not been included
therein, and if such person or circumstance to which the Local Law or part hereof is held
inapplicable had been specifically exempt therefrom.
Section 5. This local law shall take effect immediately upon filing with the Office of the
Secretary of State.
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PUBLIC HEARING
TOWN OF FISHKILL
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town Board of the
Town of Fishkill, Dutchess County, New York, on June 16, 2021 at 7:00 P.M. at Mount Gulian
Historic Site, 145 Sterling Street, Beacon, New York 12508.
The Town Board of the Town of Fishkill is considering adoption of a Local law to amend
Chapter 146 of the Town Code (Water) concerning establishment of regulations and applicability
for all existing water districts and future water districts in the Town of Fishkill, Dutchess
County, State of New York.
The amendment to the local law would repeal and replace Article I of Chapter 146 in its entirety.
The proposed Local Law is available at the Town Clerk’s Office, at 807 Route 52, Fishkill
12524, Monday through Friday, 9:00 am to 4:00 pm.
Dated: May 14, 2021
BY ORDER OF THE TOWN OF FISHKILL
BECKI TOMPKINS, TOWN CLERK
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TOWN OF FISHKILL Town Board
807 Route 52,
OZZY ALBRA Fishkill, NY 12524
Supervisor Telephone - 845-831-7800
To: Town Board of Fishkill
From: Ozzy Albra
Meeting Date: May 19, 2021
Subject: Resolution to Authorize Modification to 2021 Adopted Budget for Recreation
Center Roof Project
Resolution #: 2021-137
WHEREAS, the Town is obligated by General Municipal Law to maintain a balanced budget in
the Governmental Funds and the Proprietary Funds; and
WHEREAS, the Comptroller has requested a Budget Modification to increase the appropriation
for the Recreation Fund Capital Outlay to fund the additional costs associated with the
Recreation Center Roof Project; and
WHEREAS, this request is to modify the Recreation (CR) by increasing Expense Line
CR16215.022 Recreation Fund Building Improvements by Fifty Thousand Dollars ($50,000.00)
and increasing Revenue Line CR70204.5037 Recreation Fund- Interfund Revenue by Fifty
Thousand Dollars ($50,000.00); and
WHEREAS, this request is to also modify the General Fund’s support of the Recreation Fund by
increasing Expense Line A99015.0908 General Fund-Interfund Transfers by Fifty Thousand
Dollars ($50,000.00) and decreasing Expense Line A19905.0499 General Fund-Contingency by
Fifty Thousand Dollars ($50,000.00)
WHEREAS, the Town Board has considered the proposed Budget Modifications as submitted
by the Comptroller and deems it to be in the best interest of the Town to make these Budget
Modifications; and
NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Fishkill hereby
amends the 2020 General (A) Fund and Recreation (CR) Fund Adopted Budgets as stated herein.
RESULT: ADOPTED [4 TO 1]
MOVER: Ozzy Albra, Town Supervisor
SECONDER: Jacqueline Bardini, Council Member
AYES: Ozzy Albra, Kenya Gadsden, Jacqueline Bardini, Ori Brachfeld
NAYS: Louise Daniele
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