town of east fishkill town board meeting august 30, …aug 30, 2018 · town of east fishkill,...

TOWN OF EAST FISHKILL TOWN BOARD MEETING

August 30, 2018 @ 7:00 PM

AGENDA - REVISED

Call to Order

Pledge of Allegiance

Supervisor’s Announcements

Roll Call

Approve Minutes July 26, 2018

Announcement of Additions to the Agenda

Appoint Temporary Part-Time Typist

Receive and File

New York State Department of Transportation (NYSDOT) Re: Road repairs/maintenance - 82 Railroad Overpass by Daddy O’s

Public Hearings

Open Public Hearing on Hopewell West Water District (Worley Homes) a) Close Public Hearingb) Adopt a Negative Declaration and Form District

Open Public Hearing on Zoning Amendments a) Motion to Adjourn to October 25, 2018

7:15 p.m.

Courtesy of the Floor

7:45 p.m.

Resolutions:

1. Authorize Town Justice to Attend Training Program2. Adopt Rules and Regulations for the East Fishkill Police Department3. Authorize Settlement of West Hook Sand and Gravel Tax Certiorari4. Authorize 72 Hour Pump Test for Fishkill Plains Water District5. Authorize Hiring of Seasonal Laborer6. Appoint Member to the Recreation Advisory Board

Budget Transfers (if any)

Additions to the Agenda by Majority Vote (if any)

1. Appoint Temporary Part-Time Typist

Board Member Comments

Town of East Fishkill Dutchess County, New York

330 Route 376, Hopewell Junction, New York 12533

Adjournment

Next Town Board Meetings: Workshop Meeting: September 13, 2018 Regular Meeting: September 27, 2018

RESOLUTION

(AUTHORIZE TOWN JUSTICE TO ATTEND CONFERENCE)

WHEREAS, Judge Frederick D. Romig has sent a request to the Town Board asking to attend the NYS Magistrates Association 2018 Annual Conference to be held in Niagara Falls, NY from September 23 through September 26, 2018; and

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the details of such conference is attached hereto and the expenses to the Town will be for tuition, lodging, meals and tolls; and

BE IT FURTHER RESOLVED, that Judge Romig is hereby authorized to attend the NYS Magistrates Association 2018 Annual Conference to be held in Niagara Falls, NY from September 23-26, 2018.

BY ORDER OF THE TOWN BOARD CAROL HURRAY, TOWN CLERK

DATED: August 30, 2018 EAST FISHKILL, NY

RESOLUTION

(ADOPT RULES AND REGULATIONS FOR THE EAST FISHKILL POLICE DEPARTMENT)

WHEREAS, the Town Police Chief has submitted an Administrative Flow Chart to the Town Board for their review; and

WHEREAS, the Police Chief has submitted the attached directive to be recognized as part of the Rules and Regulations for the East Fishkill Police Department; and

NOW, THEREFORE, BE IT RESOLVED, that the Town Board has reviewed the attached flow chart and directive and authorizes the adoption thereof.


DATED: AUGUST 30, 2018 EAST FISHKILL, NY

DATE:

POLICE DEP ARTMEN'T

TOWN OF EAST FISHKILL 2468 ROUTE 52 HOPEWELL,JCT., N,Y, 12533-6639 • (845) 221·2111 • (845) 221-3840 FAX

MATTHEW G. ORSINO Chinl or Polico

DIRECTIVE

18-01

JULY302018

SUBJECT: NEPOTISM AND FAMILY RELATIONSHIPS

PURPOSE

The Town of East Fishkill recognizes that the Town of East Fishkill Police Depaiirnent is best served when objective employment standards are applicable to all employees. Problems in the workplace may arise when employment decisions are affected by family or financial associate relationships. In order to avoid favoritism, the appearance of favoritism or any potential conflicts of interest when making employment decisions, it is the intention of the Town of East Fishkill Police Depaitment to avoid having family or financial associate relationships influence the professional activities of the Town of East Fishkill Police Depa1tment's staff. For the purpose of this policy, the following definitions shall apply:

POLICY

"Family" and/or "family members" shall be defined as spouse (through marriage or civil union), domestic partner, mother, father, child, brother sister, grandchild, grandparent, uncle, aunt, niece, nephew, in-law, guardian, ward, cousin and any step or marital relationship of these individuals.

"Financial associate(s)" shall be defined as someone with whom anenipfoyee of the Town of East Fishkill ,or Town of East Fishkill Town Board Member has a financial interest. An example of a financial associate is person with whom the employee or Town of East Fishkill Council Member shares a domicile.

The Town of East Fishkill Police Department endeavors to employ the best available candidate when vacancies occur. The existence of family or financial associate relationships will not be an automatic bar to initial employment or to continued employment, but may provide reason to deny employment if the Town of East Fishkill believes that such hire may be contrary to this policy.

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RESOLUTION-2018

(AUTHORIZING THE SETTLEMENT OF TAX CERTIORARI

WEST HOOK SAND AND GRAVEL vs. TOWN OF EAST FISHKILL)

WHEREAS, from time to time property owners file Article 7 proceedings challenging

their assessments following denials by the Board of Assessment review; and

WHEREAS, following negotiations between the Town Attorney and the Town Assessor

the tax certiorari set forth herein is able to be resolved; and

WHEREAS, it would appear to be in the best interest of the Town to resolve these upon

these terms and conditions;

NOW THEREFORE BE IT RESOLVED, that the Town Attorney be and hereby is

authorized to execute Stipulation of Settlement settling the following matter:

Grid # 6355-00-152455 Assessment Current Reduced Amount of

Roll Assessment Assessment Reduction_

2018 $ 1,182,000 $1,122,900 $59,100

Grid # 6355-00-218694 Assessment Current Reduced Amount of

Roll Assessment Assessment Reduction_

2018 $ 488,500 $464,100 $24,400

BE IT FURTHER RESOLVED, that the Town Attorney be and hereby is authorized to

take all steps necessary and appropriate to effectuate the settlement of these matters; and

BE IT FURTHER RESOLVED, that all officials of the Town be and hereby are

authorized and enabled to effectuate the intent of the Order once it is entered by a Justice of the

Supreme Court.

BY ORDER OF THE TOWN BOARD

CAROL HURRAY, TOWN CLERK

DATED: AUGUST 30, 2018

EAST FISHKILL, NY

AUG-14-2018 13:57 WOOD AND KLARL 914 736 9082

TAX ,..__.,_,.u, •• ,, . .,

. ORIGINAL- . -· CORRECTED ASSESSMENT-LOT YEAR ASSESSMENT ASSESSMENT REDUCTION

-6355-00- 2018 $1,182,000 $1,122,900 $59,100 152455

i.,. ••• �-·-·

6355-00- 2018 $ 488,500 $ 464,100 $24,400 · 218694

--•-·--,.,_, ......... ··-···· ..............

and ii is further

STIPULATED ANO AGREED that the allocations between land and

improvements, as reduced, shall be left to the Hole discretion of the Assessor of the said

municipality; and il is fu1tl)er

STIPULATED ANO AGREED that section 727 of Real Property Ta� Law of the

State of New York does not apply: and it is further

STIPULATED AND AGREED that the Oraer and Judgment provide, pursuant to

the Real Property Law of tho State of New York, that Iha officer or officers having

cL1stody of the assessment rolls upon which th,i above mentioned assessments and any

taxes levied thereon are entered shall correct ,:aid entries in conformity with this Order

and Judgment ancl sMII note upon the margin of said entered roll, opposite said entries,

!hat the same have been corrected by the authorization of the Order and Judgment; and

it is furtl1er

STIPULATED AND AGREED that the Order and Judgment further provide that

the County of Dutchess and/or the Town of East Fishkill, and/or Wappingers Central

School District, as appropriate, shall audit and allow the claim of petitioner ior the

overpayment of State, Counly, Town, and School taxes (inclurJing Library) and taxes

relating lo any special taxing district for which the Town. and/or County, and/or

Wappingers Central School District collects such taxes, as appropriate, against the

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,.._ •. , ...... ,., ....... , ......... �··�· _,., ........... , ..... TAX ORIGINAL CORRECTED ASSESSMEr:Ir· LOT YEAR ASSESSMENT ASSESSMENT REDUCTION 6355-00- 2018 $1,182,000 -f{122,900 $59,100 152455 6355-00- 2018 $ 488,500 $ 464,106 $ 2°4�40() 218694

-- UAo,_�,,_,,,.,,, .. ·-- _______ .,

and it is further

ORDERED, ADJUDGED AND DECREf,D thai the sllocalions between land and

irnprovernenls or said assessment, as reduced, shall be left to tt1e sole 11iscretion of the

Assessor of the said municipality, and it is fur.her

ORDERED, ADJUDGED ANO DECREED \hat section 727 of Real Property Tax

Law of the State of New York does not apply: and il is further

ORDERED, ADJUDGED and DECREED that the officer or officers having custody

of the Assessment Rolls upon which the above mentioned assessments and any taxes

levied thereon are entered shall correct said entries in conformity with tl1is Order and

Judgment and shall note upon the margin of said rolls, opposite said entries, that the

same have been corrP.ct.ed by the authorizali,,n of this Order and Judgment, and ii is

further

ORDERED, ADJUDGED and DECREED that the County of Dutchess and/or Ille

Town of East Fishkill, andlor Wappingers Central School District, as appropriate, shall

audit and allow the claim of petitioner for the overpayment of the State, County, Town,

.ind School taxes (including Library) and taxes relating to any special taxing district for

which the Town and/or County, and/or Wapping<irs Central School District collects such

taxes, as appropriate, against the original assessments in excess of what the laxes would

have been if said assessments made in the o1foresaid years had been made upon the

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reduced valuations, togetl1er with the proportionate share of any interest or penally paid

by reason or delinquent payment of said excess taxes., amt It is further

ORDERED, ADJUDGED and DECREED that all tax refLmds to be made by

respondents Town of East Fishkill, and/or W<1ppingers Central School District and/or

County of Dutchess, or any of the various taxing a1Jthorities, be made by check or draft,

payable to the order of Savad Churgin LLP, as attorneys for the petitioner, and it is further

ORDERED, ADJUDGED and DECREED that the refunds shall include interest

thereon at the statuto,y rate in accordance with Real Property Tax Law, Section 726(2):

however interest is waived if refunds are paid within sixty (60) days, after a copy of the

Order with Notice of Entry Is served; and it i$ further

ORDERED, ADJUDGED and DECREED that the said tax review

proceeding� shall be !;ettled without the allowance or payment of cosls and

disbursements lo, by or against any party.

Poughkeepsie, New York

Date:·-····---·---· 2018 HON. JAMgS V. BRANDS, J.S.C,

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P.07

RESOLUTION

(Authorizing a 72 Hour Water Test for the Fishkill Plains Water District)

WHEREAS, the Fishkill Plains Water District wellfield #1 was rehabilitated to try and meet the NYSDEC regulations; and

WHEREAS, the town needs to perform a new 72 hour pump test in order to amend the current NYSDEC water supply permit and in addition well supply line piping in the treatment building is badly corroded and filled with sediment; and

NOW, THEREFORE, BE IT RESOLVED, such a pump test should determine, if monies should be invested in the GWUIDI filtration system that was previously tabled due to the cost and uncertainty on the outcome of future rehabilitation of wells 1 and 2; and

BE IT FURTHER RESOLVED, that the Town Engineer be and hereby is authorized to enter into any agreement to facilitate the 72 hour pump test and final costs for piping replacement and said test should be forthcoming; and

.



RESOLUTION

(ACKNOWLEDGE HIRING OF SEASONAL LABORER FOR HIGHWAY DEPARTMENT)

WHEREAS, the Highway Superintendent has interviewed and hired a Full-time Seasonal Laborer for the Highway Department, and

WHEREAS, the Highway Superintendent has submitted a memo to the Town Board; and

NOW, THEREFORE, BE IT RESOLVED, that the Town Board does hereby acknowledge the hiring of Peter Lacalamita at an hourly rate of $11.25 as a Full-time Seasonal Laborer in the Highway Department.

BE IT FURTHER RESOLVED, upon completion of his task, Peter Lacalamita and will be removed from payroll.



RESOLUTION

(APPOINTING MEMBER TO THE RECREATION ADVISORY BOARD)

WHEREAS, the Recreation Advisory Board (RAB) has a vacancy; and

WHEREAS, the Chairperson has recommended the appointment of Kristy Horos be made to the Board; and

NOW, THEREFORE, BE IT RESOLVED, that Kristy Horos be and hereby is appointed as a member of the RAB, whose term will end on 04/28/2021.



RESOLUTION

(APPOINT TOWN HALL TEMPORARY PART-TIME TYPIST)

WHEREAS, the Town is in need from time to time of temporary employees commonly referred to as floaters to assist in the clerical functions necessary to operate Town Departments; and

WHEREAS, the Town Supervisor has interviewed an applicant and recommends Lenore Duwe to the Town Board; and

NOW, THEREFORE, BE IT RESOLVED, that the applicant is hereby appointed as a temporary part-time typist in the Town, being paid at the hourly rate of $13.83; and

BE IT FURTHER RESOLVED, that said typist shall work at the pleasure of the Town Supervisor in accordance with all the previously established rules and regulations.



town of east fishkill town board meeting august 30, …aug 30, 2018 · town of east fishkill,...

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