1 1 2 MEETING HELD VIA ZOOM 3 4 TOWN WORKSHOP MEETING 5 of the Town Board of the Town of Newburgh held at 1496 Route 300 in said township 6 at 7:02 p.m. on Monday, the 22nd of June 2020 7 8 9 PRESENT Gilbert J. Piaquadio, Supervisor 10 Elizabeth J. Greene, Councilwoman Joseph P. Pedi, Town Clerk 11 12 13 PRESENT Scott M. Manley, Councilman REMOTELY Paul R. Ruggiero, Councilman 14 Mark C. Taylor, Attorney for the Town 15 16 17 18 19 20 21 22 REPORTED BY: Michelle L. Conero Court Reporter 23 3 Francis Street Newburgh, New York 12550 24 (845)541-4163 25 TOWN WORKSHOP MEETING - 6/22/20 1 2 2 MR. PEDI: It is 7:02. Today is 3 Monday, the 22nd of June, and this is a regularly 4 scheduled workshop meeting. 5 The first order of business is roll 6 call. 7 Mrs. Greene. 8 MS. GREENE: Here. 9 MR. PEDI: Mr. Ruggiero. 10 MR. RUGGIERO: Present. 11 MR. PEDI: Mr. Manley. 12 MR. MANLEY: Here. 13 MR. PEDI: And Mr. Piaquadio. 14 SUPERVISOR PIAQUADIO: Here. 15 MR. PEDI: Everybody please stand for 16 the Pledge of Allegiance to the flag and a Moment 17 of Silence. 18 (Pledge of Allegiance and Moment of 19 Silence.) 20 MR. PEDI: Okay. Next we go on to 21 changes to the agenda. 22 SUPERVISOR PIAQUADIO: All right. The 23 changes I have, number 13 is going to be removed 24 and number 14 will be removed, and we will come 25 back with those at another date. TOWN WORKSHOP MEETING - 6/22/20 1 3 2 That's all I have. 3 I don't know if the other Board -- do 4 we need the executive session? Let's add to the 5 executive session the insurance settlement, 6 Harper & Sweat versus Town of Newburgh. That's 7 going to be an executive session item. And then 8 we will go in executive session, but we will then 9 come out. If we're going to vote on something, 10 we will do it on Zoom. When we go into executive 11 session, just hang out a little bit because we'll 12 be back. 13 So that's it for me, Joe. Any other 14 Board Members with anything? 15 MS. GREENE: I have nothing. 16 MR. RUGGIERO: I don't have anything. 17 MR. PEDI: Okay. Very good. Next we 18 go to approval of audit. 19 SUPERVISOR PIAQUADIO: All right. So 20 we're looking for a motion to approve this audit 21 in the amount of $602,170.85. Does someone want 22 to make that motion? 23 MS. GREENE: So moved. 24 MR. MANLEY: I'll second. 25 MR. PEDI: Motion made and seconded. TOWN WORKSHOP MEETING - 6/22/20 1 4 2 Any discussion? 3 (No response.) 4 MR. PEDI: Ms. Greene? 5 MS. GREENE: Yes. 6 MR. PEDI: Mr. Ruggiero? 7 MR. RUGGIERO: Yes. 8 MR. PEDI: Mr. Manley? 9 MR. MANLEY: Yes. 10 MR. PEDI: And Mr. Piaquadio? 11 SUPERVISOR PIAQUADIO: Yes. 12 MR. PEDI: Next we go on to item 6 for 13 accounting, a budget transfer. 14 SUPERVISOR PIAQUADIO: This is from our 15 Town Accountant, Ron Clum. He's suggesting this 16 transfer of $18,790 from the contingency fund to 17 the building and grounds for Town Hall. 18 So does someone want to make that 19 motion? 20 MR. MANLEY: I'll make the motion. 21 MS. GREENE: I'll second your motion. 22 MR. PEDI: Motion made and seconded. 23 Any further discussion? 24 (No response.) 25 MR. PEDI: Mrs. Greene? TOWN WORKSHOP MEETING - 6/22/20 1 5 2 MS. GREENE: Yes. 3 MR. PEDI: Mr. Ruggiero? 4 MR. RUGGIERO: Yes. 5 MR. PEDI: Mr. Manley? 6 MR. MANLEY: Yes. 7 MR. PEDI: And Mr. Piaquadio? 8 SUPERVISOR PIAQUADIO: Yes. 9 MR. PEDI: Next we go on to item 7, 10 payment of annual police software maintenance. 11 SUPERVISOR PIAQUADIO: This is software 12 that's used by our police department. It's 13 IMPACT software as it's called. There's a 14 maintenance agreement on that software that's 15 $21,985. That's with Central Square Technologies 16 and it's in the police budget under account 17 3010.497. 18 If someone wants to make that motion? 19 MR. MANLEY: I'll make the motion. 20 MR. RUGGIERO: I'll make the motion. 21 MR. PEDI: Councilman Manley, you made 22 that motion, sir? 23 MR. MANLEY: Yes, sir. 24 MR. PEDI: Thank you. I need a second, 25 please. TOWN WORKSHOP MEETING - 6/22/20 1 6 2 MS. GREENE: Go ahead, Paul. 3 MR. RUGGIERO: I'll second it. 4 MR. PEDI: Thank you. Any further 5 discussion? 6 (No response.) 7 MR. PEDI: Mrs. Greene? 8 MS. GREENE: Yes. 9 MR. PEDI: Mr. Ruggiero? 10 MR. RUGGIERO: Yes. 11 MR. PEDI: Mr. Manley? 12 MR. MANLEY: Yes. 13 MR. PEDI: And Mr. Piaquadio? 14 SUPERVISOR PIAQUADIO: Yes. 15 MR. PEDI: Next we go on to item 8 16 which is a resolution for Retirement System 17 reporting for elected officials. 18 SUPERVISOR PIAQUADIO: All right. So 19 in order for elected officials to be in the 20 Retirement System they must prove the hours that 21 they actually work on an average. Those hours are 22 posted. This resolution puts down what each 23 councilman, supervisor, town clerk, the hours 24 that they work. The resolution is approved by 25 the Town Board, then it's put on the internet and TOWN WORKSHOP MEETING - 6/22/20 1 7 2 posted in Town Hall for thirty days before it 3 comes down. It's actually sent to the Retirement 4 System. 5 So does someone want to make a motion 6 to approve this resolution as presented? 7 MS. GREENE: So moved. 8 MR. MANLEY: I'll second. 9 MR. PEDI: Motion made and seconded. 10 Any further discussion? 11 (No response.) 12 MR. PEDI: Mrs. Greene? 13 MS. GREENE: Yes. 14 MR. PEDI: Mr. Ruggiero? 15 MR. RUGGIERO: Yes. 16 MR. PEDI: Mr. Manley? 17 MR. MANLEY: Yes. 18 MR. PEDI: And Mr. Piaquadio? 19 SUPERVISOR PIAQUADIO: Yes. 20 MR. PEDI: Next we go on to item 9 for 21 the assessor, solar and wind energy tax 22 exemption. 23 SUPERVISOR PIAQUADIO: Okay. On this 24 one I think I'm going to ask Mark Taylor. You 25 know, we've been working on this for some time. TOWN WORKSHOP MEETING - 6/22/20 1 8 2 It has to deal with assessments and solar farms 3 and what not. I think we're coming close to a 4 final version on this. This is about the third 5 time it's been before the Board. This would be 6 the time for questions or anything. 7 Mark, if I could ask you to step in 8 here. 9 MR. TAYLOR: Sure. As the Board 10 recalls, it elected to proceed with an option in 11 which PILOT payment requirements were imposed 12 with respect to certain solar energy systems. 13 At the discussion at the Board's work 14 session we addressed the potential for excluding 15 those systems which serve residential properties 16 as well as on-site systems which serve commercial 17 properties. 18 Basically we had discussed the standard 19 of 1 megawatt as being the trigger for a PILOT 20 requirement for those properties which are 21 otherwise exempt from real property taxation. 22 Those solar facilities which are otherwise 23 exempt. So State law provides for an exemption. 24 You can exempt out from it or you can impose a 25 PILOT requirement. The Board decided to proceed TOWN WORKSHOP MEETING - 6/22/20 1 9 2 with imposing a PILOT on larger facilities 3 essentially. 4 As I discussed with the Supervisor 5 today, the 1 megawatt, that equals approximately 6 2 acres of solar panels. It's a relatively large 7 break-off point for when you would subject solar 8 facilities to a PILOT requirement as opposed to 9 when you wouldn't, at least under this draft. 10 You can always decide to bring that down somewhat 11 in the future if you so choose. 12 So basically the local law would 13 require those solar facilities that are proposed 14 that are larger than 1 megawatt to enter into a 15 PILOT agreement with the Town pursuant to which 16 the owners would pay an annual PILOT payment. 17 Following the NYSERDA, New York State Energy 18 Council's guidance, we're providing for a PILOT 19 payment that is calculated based on the capacity 20 of the solar facility to produce energy, and it's 21 tied to the megawatts that it can produce. So if 22 it's 10 acres, basically that would mean 4 23 megawatts. My machine is a little bit off. 5 24 megawatts if it has the capacity to produce, your 25 PILOT payment would be calculated based on those TOWN WORKSHOP MEETING - 6/22/20 1 10 2 5 megawatts. In this draft we've left that 3 number blank. Under the NYSERDA guidance for the 4 Central Hudson region -- by the way, there are a 5 couple pages missing from the printed package. 6 Hopefully Joe was able to get you the full local 7 law before the meeting. But under the NYSERDA 8 guidance they have given a range for the Central 9 Hudson region of between 2,600 and 7,600 per year 10 per megawatt as what they view as a range of what 11 would be appropriate in a PILOT-required 12 agreement as far as the annual fee goes. 13 I also left blank a provision for a 14 percentage increase from the base amount over 15 each year. I would suggest 2 percent, but you 16 can make it higher than 2 percent, or something 17 along those lines if you preferred, just as a 18 guard against inflation and higher interest rates 19 in the future. Also I left blank the penalty 20 provision for late payments in this draft. My 21 suggestion would be a 5 percent late penalty, or 22 you could make it 1 percent per month, or 23 something along those lines. Again, that's a 24 Board determination. 25 SUPERVISOR PIAQUADIO: All right. I'm TOWN WORKSHOP MEETING - 6/22/20 1 11 2 sorry, Mark. I thought you were finished. You 3 took a breath and I thought you were finished. 4 MR. TAYLOR: I was just winding up, but 5 that's fine. Go ahead. 6 SUPERVISOR PIAQUADIO: Okay. Thank 7 you. 8 So I don't know if the Board Members 9 have any questions right now. Or you'll have 10 time to study it over before we bring it back 11 again. It seems to me that the Board is really 12 trying to not charge the homeowner for solar. 13 That's our motive here. I think hopefully we'll 14 be able to accomplish it. 15 Is that correct, Board? 16 MR. RUGGIERO: Correct. 17 MS. GREENE: Correct. 18 SUPERVISOR PIAQUADIO: Okay. So with 19 that; Joseph, maybe we can move on then. 20 MR. PEDI: Very good. We'll move on to 21 item 10 for zoning, East Colden Park overlay 22 presentation. 23 SUPERVISOR PIAQUADIO: Okay. On this 24 one we've got both Doces here, father and son I 25 believe. TOWN WORKSHOP MEETING - 6/22/20 1 12 2 Bobby, I hope you've got them and we 3 can hear them. 4 They're going to give us a short -- 5 well, I would say short presentation but do 6 whatever you have to do and let the Board hear 7 it, and we'll see where to go from there. So go 8 ahead. 9 MR. VINCENT DOCE: Good evening, 10 everyone. I'm Vince Doce. Very quickly, on the 11 Zoom hook-up are the principals of the project, 12 David Aziza and Carl Kaplan; Darren Doce who has 13 done most of the conceptual planning; and Andrew 14 Fetherston I believe is on somewhere. He is the 15 -- with Maser and he will pick up the engineering 16 with us after Darren and I are finished with the 17 conceptual site plan. 18 The subject of today's meeting is East 19 Coldenham Park. It's a 28.9 acre parcel westerly 20 and northerly of Colden Park, across from East 21 Coldenham School, easterly of Holiday Park and 22 southeasterly across Route 17K from Fleetwood. 23 We were introduced to the project a 24 couple of years ago when we reviewed the parcel, 25 made a use due diligence study for a marketing TOWN WORKSHOP MEETING - 6/22/20 1 13 2 firm and the parcel was zoned R-1. My suggestion 3 at the time was that R-1 was not the best use of 4 the property and that the project is 5 strategically located along 17K, very close to 6 I-84. It's in primarily a commercial area along 7 17K with modules of -- residential modules a 8 short distance from 17K, such as Fleetwood, 9 Colden Park. 10 Now, I had reported at that time that I 11 thought the property should provide a more 12 substantial property tax base and that the 13 property should not clash with but should serve 14 the immediate area and serve their community 15 needs. I suggested at that time that they look 16 into something which previously was referred to 17 as somewhat of a town center concept which has 18 now morphed into being a hamlet concept. 19 I did say at the time that I was 20 involved as a consultant for the Town of 21 Newburgh, reviewing projects as liaison during 22 the late `80s, `90s, into 2000. One of the 23 projects that came before us was the Newburgh 24 Towne Center. At that time I recommended a true 25 town center concept which would be two story, TOWN WORKSHOP MEETING - 6/22/20 1 14 2 mixed use, and that it would get a better bang 3 for the buck on taxes and would consolidate 4 development in a central location. It didn't 5 quite work for the Newburgh Towne Center because 6 the Newburgh Towne Center was at 300 and Meadow 7 Hill Road and it was sort of a bit dwarfed by the 8 Newburgh Mall. But the concept carried on in 9 discussions for several years. And then in the 10 2005 master plan the concept was reintroduced as 11 hamlet zoning, and it was specifically mentioned 12 that Route 17K in the area that this parcel is 13 located was a primary for hamlet zoning. And it 14 met all the conditions -- this parcel met all the 15 conditions that were requisite for hamlet zoning 16 and seemed an ideal suggestion. 17 Now, the owners of the property -- then 18 my work was terminated and they went on and had 19 some meeting with the Town that finally stalled 20 for one reason or another. 21 Now, some very quick arguments for this 22 location are classic for hamlet zoning. The 23 predecessor of it -- town center zoning was 24 somewhat of the same requisites. The property 25 serves several residential needs as dictated by TOWN WORKSHOP MEETING - 6/22/20 1 15 2 the master plan. It has these modules of Colden 3 Park, Meadow Hill, Fleetwood, Drury Heights all 4 located in that area, and it's at the gateway to 5 the Town. It's in a position to set flavor for 6 development for the Town. It provides property 7 as well as the mixed residential/commercial use. 8 It provides lands that the owner of the property 9 can make available in the way of a pocket park, 10 passive recreation, community center right to the 11 rear of the proposed developed area and right 12 adjacent to Colden Park. It also has one of the 13 requisites that it be close to a school of some 14 nature and that it tie together existing strip 15 zoning and offices in the area. It's also very 16 close to I-84, within three quarters of a mile in 17 one direction, maybe six-tenths in another 18 direction. It would afford the real intention of 19 hamlet zoning. It will pull together disparate, 20 disjointed uses in the area into something 21 centering around a common theme as adjacent 22 available land that can be built into this new 23 town center concept across the street. 24 It has another important thing. There 25 are some parcels of the property where the TOWN WORKSHOP MEETING - 6/22/20 1 16 2 buildings -- the use is outdated and are in 3 decline. As the hamlet zoning takes all those 4 pieces, we'll have some revitalization because it 5 will attract interest to upgrading those parcels 6 of property. 7 As I said before, the applicant 8 approached the Town and the project stalled. I 9 was called and asked to see if I could revise the 10 project based on my previous review. I 11 approached the Town, met with several proposals 12 and discussed them with the Town over the past 13 six months or so, and it was good give and take 14 conversations. The Town expressed their concerns 15 and we proposed several proposals. 16 Now, an understanding that became 17 immediately obvious was that the Town wanted to 18 protect the area and did not want heavy 19 development of the parcels adjacent to Colden 20 Park. They asked if there was some way that that 21 land could be held from any further development. 22 Now, the total parcel is 28.9 acres. 23 The usable area is about 21.6 acres. When I say 24 usable, there are some wetlands and there are 25 some slopes that are not severe but would not -- TOWN WORKSHOP MEETING - 6/22/20 1 17 2 I would not like to see developed in any way. 3 And that usable area of 21.57 -- .6 acres we held 4 as the core of the parcel. 5 The next thought we gave was we 6 addressed the center piece retail component. One 7 is it provides the ratables. It also would give 8 identity to that area if it was developed 9 properly and with a certain theme. This parcel 10 would also serve the adjacent residential areas 11 and pull together, as I said before, the 12 disparate use in the area. We tried to figure 13 what would be a substantial and enough 14 development, and ultimately we came to 50,000 15 square feet. In fact, ultimately it was 50,350 16 square feet. 17 Now, based on the building coverage 18 regulations in the Town of Newburgh zoning, that 19 would require certain area to be designated, or 20 at least in the calculations to be designated for 21 the business use. Now, if it were being -- if it 22 was done under the B Zone it would be -- it would 23 allow strip malls, mini-malls or retail space at 24 a rate of 40 percent coverage. So 40 percent 25 times 50,350, the coverage would require 2.9 TOWN WORKSHOP MEETING - 6/22/20 1 18 2 acres. If it were done under a more restrictive 3 zoning of say shopping center, which of course is 4 not a shopping center. We said okay, let's look 5 at it if it were a shopping center, then it would 6 be 30 percent ground coverage for -- building 7 ground coverage, and that would eliminate 3.85 8 acres. Very quickly, the density calculations 9 came out to be -- in the first case, if it were 10 mini-mall type of zoning, business zoning, if we 11 took the 21.56 acres of usable land, removed 2.9 12 acres, we came up with 18.67 acres. Just based 13 on a density calculation of 6 units per acre for 14 a multi-use address, you'd come up with about 112 15 units. If you removed the 3.5 acres -- 3.85 16 acres instead of the 2.89 and handled it as if it 17 were a shopping center, as I said it wasn't but 18 if we address it in that case, it would be more 19 restrictive, you'd end up with less units. You'd 20 have 17.7 acres. 6 per acre would give you about 21 106 units. Now, that is just what we've done in 22 the Town a number of times just to get the 23 project off the ground to see where it might be 24 going. 25 I met with the Town and I had suggested TOWN WORKSHOP MEETING - 6/22/20 1 19 2 somewhere -- I was looking for somewhere around 3 90 units, frankly. I came in and showed what 106 4 units would do and I showed what 112 units would 5 do. 6 Now, previously when this came in 7 sometime back for a use address, they had 138 8 units. I guess it was some fifteen years ago 9 they were proposing like 138 units. 10 Now, when we were discussing it with 11 the Town, they felt that the number of -- these 12 number of units would be not something they were 13 looking for. They asked me if we could bring it 14 back to a number of units that was comfortable 15 for the Town and that they thought might be 16 comfortable for the area. We did go in with 90 17 units, and they still had some concern about 18 that. We went in with 82 units. Finally I said 19 look -- and you have a plan there, I believe, 20 before you which I said we will show you a plan 21 that absolutely works here and that meets all the 22 conditions of your own master plan, and we will 23 show you how an area that can be designated for 24 the business and we'll eliminate that area from 25 the computations for the residential portion TOWN WORKSHOP MEETING - 6/22/20 1 20 2 completely. Now, it's just a way of doing it -- 3 a broad way of addressing it. Keep in mind what 4 we're contemplating there is a multi-resident 5 component of a building, commercial area of 6 50,300 square feet, with true hamlet zoning, with 7 residential over the commercial -- over the 8 business portion. 9 Now, we laid it out and that's the plan 10 we have here. Now that's a concept plan. It 11 doesn't mean it's going to be built that way, but 12 it shows what definitely can be done with little 13 problem or no problem under the existing master 14 plan and under what would be the proposed zoning. 15 Now doing that, because we have 16 residential over the commercial, we had to do 17 other landscaping, we had to provide drives and 18 parking. The commercial area was not 3.89 acres 19 or 4 acres. Actually, to be comfortable there, it 20 came out to be 8.87 acres. Now, that is treating 21 the site plan application fairly harshly. It's 22 being very restrictive. It allows a much lighter 23 density. It actually comes into we would then 24 have 12.69 acres of land that we would designate 25 for the residential. At the 6 per acre it came TOWN WORKSHOP MEETING - 6/22/20 1 21 2 to 76 units. That's what you have before you. 3 You have 76 units, 30 in a residential 4 multi-building and 40 units over the commercial 5 -- over the business area. 6 SUPERVISOR PIAQUADIO: Vincent, I don't 7 want to cut you off but I think I can sum it up 8 here. I think you're really asking the Town 9 Board to make an overlay on this property 10 which -- 11 MR. VINCENT DOCE: That's correct. 12 SUPERVISOR PIAQUADIO: -- would include 13 a mixed use which you're proposing 76 units, way 14 down from any proposals we had in the past, and 15 perhaps 50,000 square feet of retail. I think 16 there was a proposal that the land behind it 17 would be gifted to the Town, perhaps, which would 18 limit development forever behind it. 19 MR. VINCENT DOCE: Everything from that 20 line on your plan that shows the rear of the 21 development, everything back would be dedicated 22 to the Town for passive recreation . If you want 23 to have a senior center or a community center 24 there. Anything there that would enhance the 25 Colden Park area would be dedicated to the Town. TOWN WORKSHOP MEETING - 6/22/20 1 22 2 This would then be -- all the development would 3 be in the front area, as we were requested. 4 SUPERVISOR PIAQUADIO: Okay. I don't 5 know if the Board Members have any questions 6 right now. We do have a diagram before us. 7 MS. GREENE: I don't have a diagram 8 before me. I have nothing. 9 SUPERVISOR PIAQUADIO: Okay. There's a 10 diagram right in here. I'll give you one. We 11 had one for everyone. I had it on the conference 12 desk there for the longest time laid out. We 13 will definitely get you a plan for everyone to 14 look at. These meetings are nice but they're not 15 so nice. They're not very personal, like let me 16 see the diagram. We will -- the Board Members 17 will look at that, unless they have immediate 18 questions right now, either Paul or Scott. I 19 don't know. 20 Hearing none, I think what we'll do, 21 Vince -- go ahead. 22 MR. RUGGIERO: I would like to see an 23 informational meeting for the area on this if 24 this does move forward beforehand -- we have a 25 lot of residential homes in that area -- that TOWN WORKSHOP MEETING - 6/22/20 1 23 2 probably would be on what is actually going to go 3 in there. A lot of people don't follow this 4 meeting. 5 SUPERVISOR PIAQUADIO: Let me just say 6 I'd be the first to propose that also. 7 MS. GREENE: I agree wholeheartedly on 8 that. 9 MR. VINCENT DOCE: If I could just 10 mention. That was definitely what we planned to 11 do. Under your master plan that's the suggested 12 procedure, that you get input from the area. We 13 felt that would be requisite. We thought what 14 we'd done today plus tonight's meeting would set 15 us up so the Board would feel comfortable and 16 then they would direct us to meet with the area, 17 we'd come back and report our discussion. 18 SUPERVISOR PIAQUADIO: Okay. Not only 19 that, but when you have that meeting we'll have a 20 Board Member or two at that also to actually hear 21 from the residents. This is like a difficult 22 time to do any kind of meetings right now. That 23 has to be done. I think what we'll do is send 24 you a letter, Vince, suggesting that. I just 25 wanted to make sure the Board was all right with TOWN WORKSHOP MEETING - 6/22/20 1 24 2 the plan as is, with the 76 units and the 50,000 3 square feet of retail. If we are, at least to 4 the point we want to hear what the neighbors have 5 to say, that will be our next step I think. 6 MR. VINCENT DOCE: If I could just 7 interject again. A way of doing this very 8 quickly is that we've had these meetings, the 9 Board feels comfortable, they just issue an 10 intent that we would like you to proceed on with 11 this, meet with the neighborhood, come back and 12 meet with our attorney to discuss the -- which we 13 have many suggestions, to discuss the actual 14 local law that you would implement. We feel 15 we're at that point. All we need is your 16 acknowledgement, as was mentioned, and the Board 17 is comfortable, then we proceed on to the next 18 step. You're not approving anything, you're just 19 approving -- indicating acceptance of this type 20 of proposal for that area in accordance with your 21 master plan. 22 SUPERVISOR PIAQUADIO: All right, 23 Vince. We'll get back to you in the near future. 24 All right. Thank you. 25 MR. VINCENT DOCE: All right. Can I TOWN WORKSHOP MEETING - 6/22/20 1 25 2 get my building permits tomorrow? 3 SUPERVISOR PIAQUADIO: Come in now and 4 I'll give it to you. 5 (Chuckling.) 6 MR. VINCENT DOCE: Okay. Thank you 7 very much. 8 SUPERVISOR PIAQUADIO: Thank you. 9 Okay. 10 MR. PEDI: Next we go on to item 11, 11 Leslie Road, three lots on a common drive. 12 SUPERVISOR PIAQUADIO: This one has 13 been before us before, and there was some 14 confusion because there seemed to be more than 15 three lots. It was a stone path, a gravel path. 16 I'm going to let Scott Manley maybe say a few 17 words about this one. Scott. 18 MR. MANLEY: Anyway, I did -- the first 19 time I went up there it appeared there were 20 already four driveways and they were going to 21 make a fifth even though they requested three. I 22 went back up there with Jerry Canfield and one of 23 the four that is there now, we went to the other 24 side which looked like an exit to Happy Acres 25 apartments. On the Happy Acres side there are TOWN WORKSHOP MEETING - 6/22/20 1 26 2 dirt mounds. Hopefully they're going to keep 3 them there so there is no access. According to 4 Jerry and the way the town code is, the very 5 large, very large gravel driveway going to the 6 back of the Donnelly house is considered a 7 driveway. 8 I think, Ross, you said in an e-mail 9 the next day you'd be fine with them blocking 10 that off for us to approve. 11 MR. WINGLOVITZ: Yes. Good evening. 12 Ross Winglovitz. I'm online here. Donnelly is 13 online a/k/a Christina. 14 MR. DONNELLY: That's me. 15 MR. WINGLOVITZ: Yes. Lou indicated 16 that if you considered that a driveway, he would 17 block that off so that that wouldn't have access 18 onto Fallview Drive. 19 MR. MANLEY: I brought Jerry up there 20 and had him, you know, check the town code and 21 that's what he explained to me. 22 SUPERVISOR PIAQUADIO: So how about if 23 somebody can make a motion to approve this three 24 lots on a common drive on Leslie Road with the 25 provision that they will block off that stone TOWN WORKSHOP MEETING - 6/22/20 1 27 2 driveway or whatever? Does that sound good? 3 Does someone want to make that motion? 4 MR. MANLEY: With that I would make 5 that motion. 6 MR. PEDI: Did anyone second that 7 motion? 8 MR. RUGGIERO: I'll second it. 9 MR. PEDI: Motion seconded by 10 Councilman Ruggiero. Any further discussion? 11 MS. GREENE: Yes. I have a question. 12 Have you contacted the local fire department on 13 this three-lot driveway to make sure as far as 14 the width that a fire truck can get in and out? 15 SUPERVISOR PIAQUADIO: I think with 16 that one Scott, I think we did contact. Yes. 17 MR. MANLEY: We have a written letter 18 that Ross gave us from the chief from Middlehope. 19 MS. GREENE: Thank you. 20 SUPERVISOR PIAQUADIO: We have a motion 21 and a second. Can we vote the motion then, 22 Joseph? 23 MR. PEDI: Certainly. 24 Mrs. Greene? 25 MS. GREENE: Yes. TOWN WORKSHOP MEETING - 6/22/20 1 28 2 MR. PEDI: Mr. Ruggiero? 3 MR. RUGGIERO: Yes. 4 MR. PEDI: Mr. Manley? 5 MR. MANLEY: Yes. 6 MR. PEDI: Mr. Piaquadio? 7 SUPERVISOR PIAQUADIO: Yes. 8 MR. PEDI: Next we go on to item 12. 9 MR. WINGLOVITZ: Thank you for your 10 time. 11 MR. PEDI: Next we go on to item 12, 12 Code Compliance. Item A, the cell facility 13 consulting contract. 14 SUPERVISOR PIAQUADIO: All right. So 15 this is -- I'm going to have Board approval so I 16 can sign a contract with a cell phone expert or 17 whatever. 18 Mark, do you want to add anything to 19 this? 20 MR. TAYLOR: Sure. We used HDR, Mike 21 Musso, for quite awhile. Basically his firm has 22 presented a new master contract which I have 23 reviewed and have no issues with. As he receives 24 work assignments from Code Compliance to review 25 permit applications, there will be a separate TOWN WORKSHOP MEETING - 6/22/20 1 29 2 piece that's signed that covers each of those 3 assignments. 4 SUPERVISOR PIAQUADIO: All right. So 5 with that, does someone want to make a motion so 6 I can sign this contract for HDR? 7 MR. RUGGIERO: I'll make the motion. 8 MS. GREENE: I'll second your motion. 9 MR. PEDI: Motion made and seconded. 10 Any discussion? 11 (No response.) 12 MR. PEDI: Mrs. Greene? 13 MS. GREENE: Yes. 14 MR. PEDI: Mr. Ruggiero? 15 MR. RUGGIERO: Yes. 16 MR. PEDI: Mr. Manley? 17 MR. MANLEY: Yes. 18 MR. PEDI: And Mr. Piaquadio? 19 SUPERVISOR PIAQUADIO: Yes. 20 MR. PEDI: Next we go on to item 12-B, 21 approval to implement credit card payments. 22 SUPERVISOR PIAQUADIO: All right. And 23 this is a request from our Code Compliance 24 Department to use a -- they'll be able to take 25 credit cards at Code Compliance. This is a TOWN WORKSHOP MEETING - 6/22/20 1 30 2 merchant application that I will sign with Board 3 approval. It's with Forte. We're already using 4 them in the clerk's office right now, the same 5 process. 6 Does someone want to make a motion that 7 we can go ahead with the credit cards? That will 8 be run by, of course, the Town Attorney also. 9 MS. GREENE: So moved. 10 MR. MANLEY: I'll second. 11 MR. PEDI: Any further discussion? 12 (No response.) 13 MR. PEDI: Mrs. Greene? 14 MS. GREENE: Yes. 15 MR. PEDI: Mr. Ruggiero? 16 MR. RUGGIERO: Yes. 17 MR. PEDI: Mr. Manley? 18 MR. MANLEY: Yes. 19 MR. PEDI: And Mr. Piaquadio? 20 SUPERVISOR PIAQUADIO: Yes. 21 MR. PEDI: Next we go on to item 15, 22 community day postponement. 23 SUPERVISOR PIAQUADIO: Okay. With 24 these times I don't think there's much need of an 25 explanation. Unfortunately we're going to -- TOWN WORKSHOP MEETING - 6/22/20 1 31 2 hopefully we're going to make a motion to 3 postpone both community day and the fireworks 4 until further notice. I'm not saying it's over. 5 Maybe we can still get it in before the summer is 6 over. For now the motion is going to be to 7 actually say no until further notice on the 8 fireworks and community day. 9 MS. GREENE: So moved. 10 MR. MANLEY: I'll second. 11 MR. PEDI: Any further discussion? 12 (No response.) 13 MR. PEDI: Mrs. Greene? 14 MS. GREENE: Yes. 15 MR. PEDI: Mr. Ruggiero? 16 MR. RUGGIERO: Yes. 17 MR. PEDI: Mr. Manley? 18 MR. MANLEY: Yes. 19 MR. PEDI: Mr. Piaquadio? 20 SUPERVISOR PIAQUADIO: Yes. 21 MR. PEDI: Next we go on to item 16, 22 recreation department, personnel change. 23 SUPERVISOR PIAQUADIO: All right. So 24 on this one Charlene Black, our Personnel person, 25 and Jim Presutti, our Commissioner of Parks, this TOWN WORKSHOP MEETING - 6/22/20 1 32 2 is a personnel change for Anthony Saltalamachia. 3 Anthony was a chauffeur, not that he chauffeured 4 us around but a chauffeur is a bus driver in this 5 Town is what the Civil Service is. He no longer 6 wants to drive a bus, so we're going to make him 7 -- he's going to work at the guard shack and 8 greet visitors that way. His current salary of 9 $18.45 as a driver will be dropped down to $13.50 10 per hour because he will work at the guard shock. 11 Does someone want to make that motion? 12 MR. MANLEY: I'll make that motion. 13 MR. RUGGIERO: Go ahead, Scott. 14 MR. PEDI: Motion made by Councilman 15 Manley. Do I have a second, please? 16 MR. RUGGIERO: I'll second it. 17 MR. PEDI: Any further discussion? 18 (No response.) 19 MR. PEDI: Mrs. Greene? 20 MS. GREENE: Yes. 21 MR. PEDI: Mr. Ruggiero? 22 MR. RUGGIERO: Yes. 23 MR. PEDI: Mr. Manley? 24 MR. MANLEY: Yes. 25 MR. PEDI: Mr. Piaquadio? TOWN WORKSHOP MEETING - 6/22/20 1 33 2 SUPERVISOR PIAQUADIO: Yes. 3 MR. PEDI: Okay. Next we go on to 4 executive session, retirement of current employee 5 and matters leading to the return of that 6 individual as a part-time employee, and an 7 insurance settlement. 8 SUPERVISOR PIAQUADIO: That insurance 9 settlement is Harper & Sweat versus the Town of 10 Newburgh. So we're going to actually go into 11 executive session, but don't leave because we 12 will leave shortly to another room and then we 13 will come back. If we do vote on anything that 14 was discussed in the executive session, we will 15 do it in the open floor when we come out. 16 Hopefully it will be only ten minutes or so. 17 Hopefully. 18 Does someone want to make that motion 19 to go into executive session? 20 MS. GREENE: So moved. 21 MR. PEDI: Do I have a second, please? 22 MR. MANLEY: I'll second. 23 MR. PEDI: Motion made and seconded to 24 go into executive session at 7:43. 25 SUPERVISOR PIAQUADIO: Thank you, TOWN WORKSHOP MEETING - 6/22/20 1 34 2 everyone. We'll be back. 3 (Whereupon, the Board went into 4 Executive Session.) 5 MR. PEDI: We're on item 17. Mr. 6 Supervisor, please ask for a motion to come out 7 of executive session, please. 8 MS. GREENE: So moved. 9 MR. MANLEY: I'll second. 10 MR. PEDI: Motion made and seconded to 11 come out of executive session at 8:05 p.m. 12 Mr. Supervisor, was any action taken 13 during the executive session? 14 SUPERVISOR PIAQUADIO: No, it wasn't. 15 I think we need to vote coming out of 16 executive session, too. 17 MR. PEDI: Yes. Thank you. 18 Coming out of executive session, 19 please. Mrs. Greene? 20 MS. GREENE: Yes. 21 MR. PEDI: Mr. Ruggiero? 22 SUPERVISOR PIAQUADIO: Is Paul unmuted? 23 MS. GREENE: I don't see him up here at 24 all. 25 MR. MANLEY: He's not muted. TOWN WORKSHOP MEETING - 6/22/20 1 35 2 SUPERVISOR PIAQUADIO: He may have to 3 leave the meeting and -- can you text him? Can 4 you text him, Scott? 5 MR. MANLEY: I'm doing that right now. 6 He has no volume. He's on my speakerphone now. 7 SUPERVISOR PIAQUADIO: Here we go 8 again. Okay. 9 MR. MANLEY: We're voting right now for 10 coming out. Betty made the motion, I seconded 11 it. It's up to you on voting now. 12 MR. RUGGIERO: Yes. 13 MR. PEDI: And Mr. Piaquadio? 14 SUPERVISOR PIAQUADIO: Yes. 15 MR. PEDI: Thank you. Mr. Supervisor, 16 was any action taken during the executive 17 session? 18 SUPERVISOR PIAQUADIO: No, there was no 19 action taken. 20 MR. PEDI: Thank you. 21 Mr. Supervisor, is there any action 22 taken now? 23 SUPERVISOR PIAQUADIO: Yes, there is. 24 The first, hopefully, will result in a motion. 25 We're going to accept the resignation of Town TOWN WORKSHOP MEETING - 6/22/20 1 36 2 Engineer James Osborne. That's effective 3 July 17, 2020. He will resign for his 4 retirement. 5 Does someone want to make that motion? 6 MS. GREENE: So moved. 7 MR. MANLEY: I'll second. 8 MR. PEDI: Motion made and seconded. 9 Any further discussion? 10 (No response.) 11 MR. PEDI: Mrs. Greene? 12 MS. GREENE: Yes. 13 MR. PEDI: Mr. Ruggiero? 14 MR. RUGGIERO: Yes. 15 MR. PEDI: Mr. Manley? 16 MR. MANLEY: Yes. 17 MR. PEDI: And Mr. Piaquadio? 18 SUPERVISOR PIAQUADIO: Yes. 19 The next motion we're looking for is to 20 hire James Osborne as a part-time engineer, 21 returning to the Town at a rate of $60 per hour. 22 That will be in accordance with the New York 23 State Retirement System with a starting date of 24 July 27, 2020. 25 MR. MANLEY: I'll make that motion. TOWN WORKSHOP MEETING - 6/22/20 1 37 2 MR. PEDI: Councilman Manley, you made 3 that motion, please? 4 MR. MANLEY: Yes, sir. 5 MR. PEDI: Do I have a second, please? 6 MS. GREENE: I'll second. 7 MR. PEDI: Thank you. 8 Any further discussion? 9 (No response.) 10 MR. PEDI: Mrs. Greene? 11 MS. GREENE: Yes. 12 MR. PEDI: Mr. Ruggiero? 13 MR. RUGGIERO: Yes. 14 MR. PEDI: Mr. Manley? 15 MR. MANLEY: Yes. 16 MR. PEDI: And Mr. Piaquadio? 17 SUPERVISOR PIAQUADIO: Yes. 18 There will be a third motion. This one 19 will be to settle a lawsuit of Harper & Sweat 20 versus the Town of Newburgh per the insurance 21 company's recommendation to settle the suit for 22 $25,000, Town's cost. 23 Does someone want to make that motion? 24 MS. GREENE: So moved. 25 MR. RUGGIERO: So moved. TOWN WORKSHOP MEETING - 6/22/20 1 38 2 MR. PEDI: May I have a second, please? 3 MR. MANLEY: Paul also made the motion, 4 if you want to give him the second. 5 MS. GREENE: Let Paul have the motion 6 then. 7 MR. PEDI: Councilman Ruggiero made the 8 motion. Do I have a second, please? 9 MS. GREENE: I'll second then. 10 MR. PEDI: Thank you. 11 Any further discussion? 12 (No response.) 13 MR. PEDI: Mrs. Greene? 14 MS. GREENE: Yes. 15 MR. PEDI: Mr. Ruggiero? 16 MR. RUGGIERO: Yes. 17 MR. PEDI: Mr. Manley? 18 MR. MANLEY: Yes. 19 MR. PEDI: And Mr. Piaquadio? 20 SUPERVISOR PIAQUADIO: Yes. 21 Now I think if someone wants to make a 22 motion to adjourn. 23 MR. MANLEY: I'll make that motion. 24 MR. PEDI: Do I have a second, please? 25 MR. RUGGIERO: Second. TOWN WORKSHOP MEETING - 6/22/20 1 39 2 MR. PEDI: Motion made and seconded to 3 adjourn at 8:10 p.m. 4 Mrs. Greene? 5 MS. GREENE: Yes. 6 MR. PEDI: Mr. Ruggiero? 7 MR. RUGGIERO: Yes. 8 MR. PEDI: Mr. Manley? 9 MR. MANLEY: Yes. 10 MR. PEDI: And Mr. Piaquadio? 11 SUPERVISOR PIAQUADIO: Yes. 12 Thank you, everyone, for joining us. 13 Hopefully some day soon we'll be able to get 14 together in person. Everyone please stay safe 15 and stay well. Good night. 16 17 (Time noted: 8:10 p.m.) 18 19 20 21 22 23 24 25 TOWN WORKSHOP MEETING - 6/22/20 1 40 2 3 4 C E R T I F I C A T I O N 5 6 7 I, MICHELLE CONERO, a Notary Public 8 for and within the State of New York, do hereby 9 certify: 10 That hereinbefore set forth is a 11 true record of the proceedings. 12 I further certify that I am not 13 related to any of the parties to this proceeding by 14 blood or by marriage and that I am in no way 15 interested in the outcome of this matter. 16 IN WITNESS WHEREOF, I have hereunto 17 set my hand this 25th day of June 2020. 18 19 20 _________________________ MICHELLE CONERO 21 22 23 24 25