Board of Trustees

BOARD OF TRUSTEES October 11, 2021 PRESENT: Mayor Monachino Lapey Trustee Senerchia Trustee Bennett Trustee Cataldi DeLillo Trustee Owen-Michaane Attorney Cornachio Manager Pierpont PLEDGE OF ALLEGIANCE AND FIRE SAFETY ANNOUNCEMENT Mayor Monachino Lapey led those assembled in the Pledge of Allegiance and notified those in attendance where the fire safety exits were located. ------------ OPENING REMARKS The Mayor opened the meeting and welcomed everyone. She said that while we can’t make note of every passing, she did want to mention Nick Samios a classmate from Pelham Memorial High School Class of 1987. She said that his older brother died within the last year and said that the Samios family has endured their share of tragedy. The Mayor recalled that Nick had the dubious distinction of starring with her in a skit in a Pelham High School talent show, and said that he will always have a place in her heart. Mayor Monachino Lapey wished everyone a Happy Columbus Day. She said that she, Trustee Bennett and the Village Manager have been working collaboratively with Town Historian Art Scinta and the property owner at the Four Corners on paint selection. There is a fresh coat of paint there and she thanked Friedland Properties for doing that. She said that they had tons of samples and the Town Historian had tons of historic photos of the building and they were able to get an impression of how it looked over time. She thanked everyone for their patience and said she enjoyed working on this project. Trustee Bennett said that it was wonderful to see the old pictures and to see the original beauty of the building and the changes over the years. She said that it was wonderful to try to bring it back to its majesty. The Mayor said that this is a work in progress, but is thrilled with what’s going on right now. The Mayor spoke about the Pelham High School Homecoming Weekend and the Centennial. She said that the Town Historian has been working with the school district and has written a two-part series on the history of Pelham Memorial High School. It is on Facebook and the Town Historian’s webpage. She said that Siwanoy School served as the original high school, and Pelham High School was erected to honor those who fought and died in World War I. She encouraged people to enjoy the festivities this weekend and to learn more about the history of Pelham Memorial High School. -------------- MINUTES FROM THE SEPTEMBER 27, 2021 PUBLIC HEARING AND SEPTEMEMBER 27, 2021 REGULAR MEETING The Mayor asked if there were any questions, comments or concerns on the minutes. There were no questions, comments or concerns. After discussion and upon motion duly made and seconded, it was RESOLVED, that the minutes from the September 27, 2021 Public Hearing and the September 27, 2021 Regular Meeting be and hereby are approved. ------------ REPORTS Police Commissioner Bennett discussed the September report with Police Chief Atkins. There were six hundred twelve incidents in September. The Village has zero tolerance for leaf blowers being used out of season and several appearance tickets were issued. Gas blowers are not allowed to be used until October Fifteenth. The Police Commissioner said that we had some noise and said that we are fortunate to have long standing relationships with Mount Vernon and the 47th Precinct. Police Chief Atkins said that there were quite a few complaints on October 2, 2021. He was in contact with Inspector Nunez and the next night the officers from the 47th Precinct were out issuing summonses. The Police Commissioner said that they were able to impound vehicles which was successful in helping to reduce the noise. Chief Atkins spoke about arrests for DWI’s and marijuana. He said that four pounds of marijuana were seized. He said it is believed that it was intended for sale so this arrest kept that off the street. Commissioner Bennett spoke about Operation Safeguard which is in place during national holidays, such as Labor Day, and High Holidays celebrated at the Pelham Jewish Center. Patrols are out at houses of worship and shopping areas during this time. Trustee Senerchia wanted to point out that the DWI arrests aren’t just random stops. He said that the police officers are patrolling at random hours. They are patrolling at three, four or five o’clock in the morning. They’re doing their job. The Mayor and Board thanked Chief Atkins for his report. The Village Treasurer noted that page seven of the report shows that the Park expenditures are high. DPW concentrated on the parks all summer. Page fifteen reflects that fifty per cent of what we budgeted for building permit fees has been collected. The department has been busy. He said that with luck we should hit the revenue projection without a problem. Page thirteen is a wash. Con Edison was billed for the police officers’ time for a traffic control detail. Trustee Owen-Michaane asked about the collection of sales tax and was told that the first of four payments was received in August. It was thirty two percent of the Village’s budgeted number. The Village received three hundred thirty-seven thousand dollars. The Treasurer said that the County collects sales tax and it gets redistributed back to municipalities on a per capita basis. The Superintendent of Public Works said that there were one hundred eighteen hours of overtime because of tropical storm Ida. There were four hundred eleven tons of recycling collected compared with two hundred one tons collected last year. We also did paving on Heywood Road and Grant Avenue. The Mayor asked if the paving was finished for the year and was told yes. The striping has not been finished. The paving is completed but the contract is not finished yet. The Village Clerk said that there were forty- two building permits for the month. He said that it doesn’t slow down. There were twenty-eight notices of violation and twenty dog licenses issued. After discussion and upon motion duly made and seconded, it was unanimously RESOLVED, that the Police, Village Treasurer, Department of Public Works and Village Clerk reports be and hereby are approved. ----------- INTRODUCTION OF LOCAL LAW NUMBER 4 OF 2021 – TO AMEND CHAPTER 139 OF THE VILLAGE CODE REGARDING INTERNAL COMBUSTION LEAF BLOWERS Mayor Monachino Lapey said that this a proposal to amend Chapter 139 of the Village Code. She said that the Board has been looking at this for quite some time. They have taken a hard look at this issue. It is an attempt to synthesize competing interests. The Board has adapted some of the Scarsdale model and has incorporated a transition period. She said that there would be a complete ban in 2024. She said that the Board, Village Manager and outside counsel have worked on this. Trustee Owen-Michaane proposed including Saturday as a day that the leaf blowers could be used. He thought they should be able to be used between the hours of ten o’clock in the morning and three o’clock in the afternoon. Trustee Bennett thought that adding Saturday would be a good thing for residents doing their own gardening. Trustee Cataldi DeLillo said that she thought that this local law strikes a good balance. There will be a transition over the next two years. It restricts the amount of time the equipment can be used so there will be some relief immediately. She said that this is more progressive than Scarsdale and it does get us to a place similar to Larchmont in two years. Trustee Senerchia asked for clarification on Saturday hours. He said that was ok with the pencil edit for Saturday. Trustee Owen-Michaane said that over all this goes a lot farther than a lot of other municipalities in New York and across the country and it gives immediate relief. ----------- TO SCHEDULE A PUBLIC HEARING ON LOCAL LAW 4 OF 2021 The Mayor said that we will do some pencil edits and re-post this proposed local law on the website and set a date for the public hearing on Local Law 4. After discussion and upon motion duly made and seconded, it was unanimously RESOLVED, that the revised version of Local Law 4 of 2021 be and hereby is scheduled for October 25, 2021 at eight fifteen in the evening. ---------- RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO SIGN A CONTRACT WITH GHD ENGINEERING SERVICES FOR PHASE 2 OF THE SANITARY SEWER IMPROVEMENTS Mayor Monachino Lapey said that the Village Manager gave a comprehensive overview on the Village’s two collection systems at the Board meeting on September 27, 2021. She said that it is from minutes 4:19 to 20:40 on the Village Board meeting video from that date. Manager Pierpont said that for the most part this phase involves re-lining existing lines. He said that in 2019 one million dollars was spent on sewers. Phase Two involves fifteen thousand linear feet of sewer system relining. This hasn’t gone out to bid yet, but it is estimated that it will cost between six hundred fifty to seven hundred thousand dollars. He said that the Phase One work has been completed and grant money will reimburse forty percent of the work done. The City of New Rochelle will not be going forward with Phase Two. Larchmont is evaluating whether they will do additional work. The Town of Mamaroneck and the Village of Pelham Manor will continue with Phase Two. New Rochelle did not use its full amount of the grant and those funds will also be available for reimbursement. Trustee Cataldi DeLillo said that after we spend the money, and get reimbursed for the work, the Village will use that money to reinvest in the sewer system. Manager Pierpont said that was correct. The Village will keep going. He said that so much work was done in the New Rochelle District that during Ida the retention basin did not flood. He said that in Phase Two the focus will move to Yonkers. The Mayor asked if half goes to Yonkers and was told yes that about half the sewer line goes to Yonkers. Trustee Cataldi DeLillo said that she was proud of the work the Board has been doing. She said that we take bites out of the apple year after year and we reinvest. She said that we’ve made tremendous progress. We’ve spent over two million dollars and reinvested without borrowing any money. She said that we’ve gotten through Phase One. She said that Phase Two should be less construction. It’s trenchless and they should be able to go from manhole to manhole. Trustee Cataldi DeLillo said that we’re doing well. After discussion and upon motion duly made and seconded, it was unanimously RESOLVED, that the Village Manager be and hereby is authorized to sign a contract with GHD Engineering Services for Phase Two of the Sanitary Sewer Improvements. ------------ RESOLUTION AUTHORIZING THE MAYOR TO SIGN ABSTRACT OF VOUCHERS NUMBERS 29236-29266 After discussion and upon motion duly made and seconded, it was unanimously RESOLVED, that the Mayor be and hereby is authorized to sign abstract of vouchers numbers 29236-29266. ---------------- SHORE PARK REQUESTS Sarah and DJ Johnston, 3 Garden Place, requested the use of Shore Park on Saturday, October 16, 2021 from ten o’clock in the morning until five o’clock in the afternoon for a birthday party with a rain date of Saturday, October 23, 2021. Ron Fierman, 15 Garden Place, requested the use of Shore Park on Saturday, October 23, 2021 from eleven o’clock in the morning until two o’clock in the afternoon for a birthday party with a rain date of October 30, 2021. REQUEST FOR STREET CLOSING FOR A BLOCK PARTY Sam Temes, 521 Pelham Manor Road, requested that Pelham Manor Road be closed from Witherbee Avenue to the dead end of Pelham Manor Road on Sunday, October 31, 2021 from one-thirty in the afternoon until five o’clock in the evening with a rain date of Sunday, November 7, 2021. After discussion and upon motion duly made and seconded, it was unanimously RESOLVED, that Sarah and DJ Johnston and Ron Fierman be and hereby are granted permission to use Shore Park and be it further RESOLVED, that Sam Temes be and hereby is granted permission to close Pelham Manor Road for a Block Party. ------------ PUBLIC COMMENT Mayor Monachino Lapey asked if there were any comments or questions from the public. Allison Frost, 4579 Boston Post Road, spoke about the agreement to settle the Save the Sound lawsuit. Attorney Cornachio said that he was not aware of a settlement. He said that there was no settlement. Trustee Owen-Michaane said that he also read the article in the Pelham Examiner. He didn’t have it in front of him, but he recalled that it spoke of other municipalities that have settled lawsuits with Save the Sound. He said that the consortium that Pelham Manor is a part of has not settled. Ms. Frost spoke about an agreement with a time line for responding to the court. She also said that she was concerned about legal fees. The Mayor explained that the Village pays a per capita share of legal fees. She said that the Board takes this very seriously and spends tax dollars wisely. She said that this is an important case. The Mayor said that we haven’t incurred debt, are tax compliant, and are properly defending something. She said that the judge did not grant a pre-discovery motion to dismiss. She said that it was a high burden to meet and the judge did not grant it. The Village Attorney agreed that it was a high burden to meet. Ms. Frost discussed monetary settlements by other municipalities. Mayor Monachino said that settlements are not always monetary. Some have other aspects. She said that some of the municipalities that had monetary settlements had much more work to do that Pelham Manor. Manager Pierpont said that was true. The Mayor said that we feel strongly about the case. She said that our financial stewardship speaks for itself. Allison Frost spoke about tropical storm Ida and the damage it caused. She spoke about climate change. She suggested creating an advisory board to make sure this doesn’t happen again. Trustee Cataldi DeLillo said that this was a one in one hundred year storm or maybe even a one in five hundred year storm. The chance of a one hundred year storm in any given year is one percent. The probability of a five hundred year storm in any given year is .02 percent. She said that you could get a five hundred year storm two years in a row, but the probability is small. She said that the Board takes its responsibility to protect the health and safety of all residents seriously. She said that we will have spent over two million dollars and are positioned to spend more. She said that investment was made on Monroe and Grant Avenue to help reduce flooding in those areas. Trustee Cataldi DeLillo said that when it comes to sanitary sewer you can restrict the flow by managing development. If you have less people, you will have less flow. She said that we are committed to manage the system and promote safety. The Mayor said that one of their jobs is to flag issues to higher level elected officials. She said that we did that. She said that we advocated for Pelham Manor. She said that we did our job. She said that the Governor did her job and fortunately the President declared Pelham Manor to be part of a disaster area. The Mayor responded to a question about a a sustainability committee. She said that she was for efficient government. She said if a layer of government is needed, we will add it. She said that just because you have a sustainability committee doesn’t mean your program is more sustainable. She said that you elect us. We work for you. She said that we’re getting the job done. We’re open to suggestions. She said that more government doesn’t mean better. She said that personally she doesn’t necessarily see the need for it. Trustee Cataldi DeLillo said that we are listening. She said that there are different vehicles for receiving information. She said that we have been hearing and acting on things. Allison Frost said that people are ready and willing to help. Trustee Cataldi DeLillo said that there are different vehicles available and we have acted on them. Mayor Monachino Lapey said that one of our goals is to get voices to the elected. She said that residents have direct interaction to people who are decision makers. You can have a one-on- one open exchange of ideas. She said that we’re happy to hear from you. Manager Pierpont said that the Village is continuing to look at places where we can make improvements on flooding issues given the receiving streams, bodies of water and elevations we have. He said that the Board asked him to look at that. Trustee Cataldi DeLillo said that this was not falling on deaf ears. She thanked Ms. Frost. Allison Frost asked about the status of a traffic study on Boston Post Road. Manager Pierpont spoke about a traffic monitoring system. There will be traffic monitoring by the red light monitoring company. They will gather data on traffic and unlawful activity on Boston Post Road. Ms. Frost spoke about her concern about cars on Pelhamdale Avenue not stopping at stop signs. Manager Pierpont said that in response to requests there are stop signs at Black Street, Wolfs Lane, Iden Avenue and no through trucking and speeding signs on Manor Ridge Road. He said that when it shows that there is an issue that needs to be dealt with, we hit it hard. He said that we went out to Roosevelt. We try to be responsive in every area we can. Allison Frost said that she spoke with the Lieutenant at the meet and greet about speed monitoring. The type of speed monitoring equipment the Village has and where it’s used was discussed. Trustee Bennett said that the police department is on top of traffic enforcement. It is a top priority. She said that they have been out on Roosevelt, Wolfs Lane, Manor Ridge Road, Boston Post Road and Pelhamdale Avenue. Elizabeth Alderman, 659 Ely Avenue, spoke about noise and how loud it has been. Trustee Bennett said that it has been awful. She said that we’ve all been experiencing it. She spoke about working with the 47 precinct and how recently they confiscated a truck and speakers. She said that we’re doing everything that we can. Ms. Alderman thanked the Board for the e mail address to report noise. Manager Pierpont said that the e-mails are forwarded to Senator Biaggi, Assemblywoman Paulin, and the Pelham Town Supervisor. When we had the loud noise, there were seventy-five e-mails some from as far away as Larchmont. He said that the magnitude of this issue is being understood. Ms. Alderman said that this is a big problem in the five boroughs as well. It causes lack of sleep which can result in health issues. Trustee Bennett thanked her for the article. She forwarded it to the Police Chief and they discussed it. She said that there may be a way to reach out to the property owner. Trustee Senerchia said that he reached out to the property owner and the parties and noise are not happening on his property. The property is locked up securely at night and he is keeping an eye on his property. Ms. Alderman asked if they have security cameras. The e-mails to the elected officials were discussed. They are automatically routed to Senator Biaggi, Assemblywoman Paulin and the Town of Pelham Supervisor. Ms. Alderman asked if people in the Village could reach out to their counterparts. The Mayor said that we have done that many times. She said that she will try County Legislator Terry Clements who has been responsive on other issues. The problem is that she doesn’t represent the Bronx. Allison Frost found additional information and said that the Village was pursuing settlement of the Save the Sound lawsuit. Attorney Cornachio said that the Village is always open to discussing a settlement. He said that we’re always open to settlement talks. He said that the court expects that. He said that he thought Ms. Frost said that there was an agreement to settle. The Mayor said that the Village did not bring this lawsuit. She said that we were working collaboratively with Save the Sound and they brought the lawsuit. Trustee Senerchia said that that there was not an agreement to settle. Toby Marxuach Gusciora, 901 Plymouth Street, asked if there was any discussion or movement on the monopole and was told no. She asked about the lobbyist that the Village uses. The Mayor said that the lobbyists were hired under the previous Mayor. She said that he does do a fair amount of work and shepherds things through the system in Albany. Manager Pierpont said that there was a hiccup with red light camera legislation. He made sure it got to the Governor’s desk and worked out the issue so that the Governor could sign it. He said that he can’t speak highly enough about our Senator and Assemblywoman but they can’t be everywhere. He said that he gets things across the goal line. The Mayor said that we needed seven or eight hard copies with original signatures. He drove down from Albany and got them back to the chamber in Albany. The Mayor said that we examine this every year and it has provided good value. Melissa Eustace, 476 Esplanade, spoke about leaf blowers. She said that she was disappointed with Local Law 4. She thought public health was important and leaf blowers are damaging to public health. She said two more years of leaf blowers was not ideal. Ms. Eustace also spoke about the Zero tolerance policy for leaf blowers. She said that it was not effective. The Mayor said that warnings, prior to issuing a summons, are not reflected in the number of violations. She said that we will look for the number of violations. Ms Eustace spoke about the Pelham Jewish Center, the Pelham Country Club and the Pelham School District not following the law regarding leaf blowers. The Mayor said that this is a work in progress. She said that Zero tolerance means that when we see something, we do something about it. The Mayor said that we don’t look the other way or let it go on. She said that we have an effective program. It is a work in progress and it is about continuous improvement. The Mayor said that we’re looking to enforce it. Tai Montanarella, 464 Esplanade, thanked them for coming to the Healthy Yards meeting and for meeting with her personally. She said that the Village of Pelham and the Town of Pelham are waiting to see if Pelham Manor is going to join them in the Healthy Yards program. The Mayor said that the Board is continuing to look at it. She said that she doesn’t think anyone is against Healthy Yards. She is still talking with the Town Supervisor. The Mayor said that she thinks it’s an admirable program. Trustee Cataldi DeLillo agreed that it is an admirable program. She said that she is open to an initiative that would include more plantings. Ms. Montanarella said that the Village of Pelham has a deadline. The want to print materials and they want to know when and if you will sign. The Village of Pelham is the only one taking the costs for the signs. She would like to know if the Village of Pelham Manor will join the tri community agreement. The Mayor asked if there was an actual agreement or proposal. Trustee Cataldi DeLillo said that she would call a Village of Pelham Trustee to see about the agreement. Ms. Montanarella spoke about a landscaper using a leaf blower today which was a holiday. She asked him to stop and he did. She said that right now there haven’t been many leaves falling and she suggested that the leaf blower season be changed. She suggested it should be later either the end of October or early November until December. Trustee Cataldi DeLillo said that we have narrowed the time frame that leaf blowers can be used. After two years, the law calls for a complete ban on leaf blowers. Melissa Eustace asked if there was any communication to residents in Pelham Manor informing them of the existing law and the new law. The Mayor said that John Pierpont has been in contact with the School District. They are supposed to know the law, but were using leaf blowers. Mr. Pierpont reached out to the Director of Facilities to let him know that his workers were violating the law. The Director of Facilities said that he would reach out to the landscapers who are doing that. Ms. Eustace said that the Village of Pelham has a document that goes out in English and Spanish that details what the law is. The Mayor said that we will do that and make it available. Emiily Pauley, 60 Beech Tree Lane, said that she loves her trees. She said that she has lots of leaves on the lawn now and said that leaves will kill the grass. She asked about Local Law 2 and Local Law 4. Mayor Monachino Lapey said that Local Law 4 supplants Local Law 2. Local Law 2 is no longer being considered. Ms. Pauley said that she just had her trees trimmed. She spoke about the enormous change but was glad that it wasn’t until 2024. She thanked the Board for listening and said that she liked the transition time given in the new law. The Mayor said that she could send follow up comments if she wants to and is unable to attend the public hearing on October 25th. She said that her e-mail address is mayor@pelhammanor.org. She said that we make public comments part of the record. Trustee Cataldi DeLillo said that there are things that technology can do and things that technology can’t do yet. The Mayor said that she thinks industry is going to come along because government is leading the way by enacting legislation. Trustee Senerchia said that landscapers will welcome this because they will use less fuel and have less wear and tear and maintenance. He said that it just a matter of time. Melissa Eustace spoke about leaf mulching and the love’em and leaf ‘em program. She said that there are options. The Mayor and Board thanked everyone for their comments. ------------- EXECUTIVE SESSION The Mayor said that there was an issue regarding a personnel matter and a legal matter. After discussion and upon motion duly made and seconded, it was unanimously RESOLVED, that the Board be and hereby is authorized to conduct an Executive Session to discuss the following: Personnel Matter and Legal Matter No action was taken in Executive Session. -------------- ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned. -------------- Clerk