Agenda - Wednesday, May 19, 2021

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


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.


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


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


6. (ID # 6087) Discussion of Resolution to Authorize Renewal of Contract with The

Brink’s Armored Car Service


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.


8. (ID # 5686) Discussion of Credit or Reimbursement of Back Bills From the Water

Meter Project



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.


10. (ID # 6096) Discussion of 2021 Recreation Fund Budget Modification for Addition

of Pickleball Program

Council Member Daniele has questions regarding the funds.


11. (ID # 6098) Discussion of Budget Modification to 2021 Adopted General Fund

Budget for Document Scanning Services


12. (ID # 6100) Discussion of Modification to 2021 Adopted General Fund Budget for

Purchase of New Supervisor Vehicle


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.


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.


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.



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.


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



B. Resolutions

1. (ID # 5915) Resolution to Set Public Hearing - Local Law Amending Chapter 146

of the Town Code


2. 2021-137 Resolution to Authorize Modification to 2021 Adopted Budget for

Recreation Center Roof Project

RESULT: ADOPTED [4 TO 1]


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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807 Route 52,




From: Ozzy Albra


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.


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807 Route 52,




From: Ozzy Albra


Subject: Discussion of Resolution to Appoint Caroline Magnotta as Part-Time

Legislative Aide


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.


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807 Route 52,




From: Ozzy Albra


Subject: Discussion of Local Law to Amend Chapter 146 of the Town Code


The Town Board will discuss a proposed Local Law to amend Chapter 146 of the Town Code.


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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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807 Route 52,




From: Ozzy Albra


Subject: Discussion of Resolution to Set Public Hearing - Local Law Amending

Chapter 146 of the Town Code


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.


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[Type here]

1

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


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.


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



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.


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.


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.


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.


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.


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.


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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(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]


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.


free access to all parts of any building structure or premises where water from mains

of the districts is being used or introduced.


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.


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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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.


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.


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.


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.


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.


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.



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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.


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.


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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807 Route 52,




From: Ozzy Albra


Subject: Disc-Reso-VandeWater & VandeWater - Tax Certiorari - Tristate Note

Repurchase Group LLC


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.


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807 Route 52,




From: Ozzy Albra


Subject: Discussion of Resolution to Renew the Contract with Brink’s Armored Car

Service


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.


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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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321335

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-46E8B8899E7A10.6.a

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Page 3 of 3

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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807 Route 52,




From: Ozzy Albra


Subject: Discussion of Resolution Authorizing Reconciliation of Water Accounts


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.


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807 Route 52,




From: Ozzy Albra


Subject: Discussion of Credit or Reimbursement of Back Bills From the Water Meter

Project


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

10.8

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807 Route 52,




From: Ozzy Albra


Subject: Discussion of Resoution to Accept Resignation - Police Officer Joseph Saetta


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.


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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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807 Route 52,




From: Ozzy Albra


Subject: Discussion of 2021 Recreation Fund Budget Modification for Addition of

Pickleball Program


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


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807 Route 52,




From: Ozzy Albra


Subject: Discussion of Budget Modification to 2021 Adopted General Fund Budget for

Document Scanning Services


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).


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807 Route 52,




From: Ozzy Albra


Subject: Discussion of Modification to 2021 Adopted General Fund Budget for

Purchase of New Supervisor Vehicl


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).


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807 Route 52,




From: Ozzy Albra


Subject: Discussion of Modification to the 2021 Adopted Special Revenue (CR) Fund

for Recreation Center Roof


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


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807 Route 52,




From: Ozzy Albra


Subject: Disucssion of Adopting A Cell Tower Ordinance


The Town Board will discuss adopting an ordinance pertaining to cellular communications

towers.


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807 Route 52,




From: Ozzy Albra


Subject: Discussion of Assessments


The Town Board will discuss asking the Town Assessor to make a presentation at the June 2,

2021 Town Board meeting.

RESULT: CLOSE

10.15

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807 Route 52,




From: Ozzy Albra


Subject: Discussion of Marijuana Lounge


The Town Board will discuss whether to permit a marijuana lounge in the Town.

RESULT: CLOSE

10.16

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807 Route 52,




From: Ozzy Albra


Subject: Discussion of Marijuana Dispensary


The Town Board will discuss whether to permit a marijuana dispensary in the Town.

RESULT: CLOSE

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807 Route 52,




From: Ozzy Albra


Subject: Discussion of Unsafe Properties in the Town


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.


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807 Route 52,




From: Ozzy Albra


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]




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807 Route 52,




From: Ozzy Albra


Subject: Resolution to Appoint Caroline Magnotta as Part-Time Legislative Aide


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.





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807 Route 52,




From: Ozzy Albra


Subject: RESO-VandeWater & VandeWater-Tax Certiorari - Tristate Note Repurchase

Group LLC


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.





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807 Route 52,




From: Ozzy Albra


Subject: Resolution to Authorize Renewal of Contract with The Brink’s Armored Car

Service


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.





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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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321335

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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Page 3 of 3

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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807 Route 52,




From: Ozzy Albra


Subject: Resolution Authorizing Reconciliation of Water Accounts


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.



SECONDER: Louise Daniele, Kenya Gadsden


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807 Route 52,




From: Ozzy Albra


Subject: Resolution to Accept Resignation - Police Officer Joseph Saetta


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.





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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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807 Route 52,




From: Ozzy Albra


Subject: Resolution to Amend Recreation Fund Budget for Addition of Pickleball

Program


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.





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807 Route 52,




From: Ozzy Albra


Subject: Resolution to Authorize Modification to 2021 Adopted General (A) Fund

Budget for Document Scanning


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;


amends the 2021 General (A) Fund Adopted Budget as stated herein.





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807 Route 52,




From: Ozzy Albra


Subject: Resolution to Authorize Modification to 2021 Adopted General (A) Fund

Budget for Purchase of Vehicle




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;


amends the 2021 General (A) Fund Adopted Budget as stated herein.





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807 Route 52,




From: Ozzy Albra


Subject: Resolution to Set Public Hearing - Local Law Amending Chapter 146 of the

Town Code

Resolution #: (ID # 5915)


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.


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[Type here]

1

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


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.


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



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.


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.


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.


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.


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.


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.


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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(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]


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.


free access to all parts of any building structure or premises where water from mains

of the districts is being used or introduced.


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.


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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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.


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.


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.


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.


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.


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.



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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.


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.


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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807 Route 52,




From: Ozzy Albra


Subject: Resolution to Authorize Modification to 2021 Adopted Budget for Recreation

Center Roof Project




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


amends the 2020 General (A) Fund and Recreation (CR) Fund Adopted Budgets as stated herein.

RESULT: ADOPTED [4 TO 1]


SECONDER: Jacqueline Bardini, Council Member

AYES: Ozzy Albra, Kenya Gadsden, Jacqueline Bardini, Ori Brachfeld

NAYS: Louise Daniele

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Documents

Agenda - Wednesday, May 19, 2021