Board of Trustees

BOARD OF TRUSTEES January 10, 2022 PRESENT: Mayor Monachino Lapey Trustee Senerchia Trustee Bennett Trustee Owen-Michaane Trustee Cataldi DeLillo 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 Mayor Monachino Lapey opened the meeting and welcomed everyone. The Mayor said that an Arctic air mass was coming down and people should check in on friends and family. She spoke about the terrible fire in the Bronx with nineteen losses of life including nine children. The Mayor said that the Pelham community has organized an incredible relief effort with Pelham Together. The Picture House will be accepting donations through tomorrow. Trustee Bennett said that the need is still there, but said that there is no more room to store supplies and asked people to hold onto items until more information from Pelham Together is received. The Mayor said that, prior to the holidays, she attended a Zoom meeting with the Village Manager and the New York State Thruway Authority. She said that the meeting was about drainage channels and said that many of the Village’s outlets drain into the Thruway Authority’s system. She asked the Village Manager to give a little more detail on this subject. The Village Manager said that the Village has received a commitment from the Thruway Authority. He said that our lobbyist in Albany was very helpful in arranging a meeting with the higher ups with the Thruway Authority. We have received a commitment that they will continue to monitor and maintain their drainage system. He said that they cleaned out all of their drainage intlets. He had a field meeting today with residents from the Larchmont maintenance road in the field off Interstate 95. He said that he was pleased that they have removed all the organic debris that was in the channels and cleared away trees and other growth that was inhibiting flow in the channels and excavated silt that had accumulated in those channels. He said that they have been very responsive. The Manager said that those drainage channels discharge off Thruway Authority property. He said that some discharge into Pelham Bay Park in the City of New York which eventually go to the railroad tracks (Amtrak). Some cases directly discharge onto Amtrak property. He said that the silt has been removed from the Thruway property, but when you get to the property line there’s silt which is causing some restriction of flow. He said that he’s e-mailed our State representatives to ask them for any help they can provide with New York City. The Village Manager said that he intends to reach out to Congressman Bowman through his aide Brandon Lloyd. He’s hoping that they will be able to get Amtrak to clean the channels on their own property so we can get this water to flow freely out of the Village, across the Thruway to lower channels where it can run freely. He thanked the New York State Thruway Authority and our representatives for their help. Mayor Monachino Lapey mentioned two recent losses in the Village. Dr. Marilyn Sibery, mother of three, lost her hard fought battle with cancer. Dr. Sibery was a Pelham Manor resident for many years and was active in the community. She extended condolences to her family and especially her three young children. 1 The Mayor also mentioned the passing of Norman Pure who was a staunch advocate for his and his neighbors’ properties. She said that he was a wonderful communicator. She said that he was part of the fabric of Pelham Manor for decades and said that he will be sorely missed. Trustee Cataldi DeLillo remembered Mr. Pure from his attendance at Board meetings. He submitted some interesting information to the Board. She said that he was an advocate for his neighborhood. She said that she was sorry to hear of his passing. Trustee Cataldi DeLillo said that tree pick will continue until Martin Luther King’s Birthday. ----------- MINUTES FROM THE DECEMBER 13, 2021 PUBLIC HEARING ON LOCAL LAW 6 OF 2021 AND THE DECEMBER 13, 2021 REGULAR MEETING The Mayor asked if there were any questions, comments or concerns on the minutes. There were no questions, comments or concerns. Trustee Cataldi DeLillo said that she had a correction on page four of the Regular meeting on December 13, 2021. On the fourth line down it should read that he said our sewers are very old instead of our liners are very old. She said that this work is all part of the Village’s program. The Mayor said that was her recollection and that the correction accurately reflects the discussion. After discussion and upon motion duly made and seconded, it was RESOLVED, that the minutes from the December 13, 2021 Public Hearing on Local Law 6 of 2021, and the December 13, 2021 Regular Meeting be and hereby are approved as amended. ----------- PRESENTATION OF PROCLAMATION TO EAGLE SCOUT SANJAY SEECHARRAN Mayor Monachino Lapey said that we have a distinguished guest present tonight. She said that she and the Board were proud of him. The Mayor said that he is member of Troop 1 and he has met the requirements to be an Eagle Scout. She told him that he should be commended. The Mayor said that his project means so much to the community. He built a foot bridge on the Highbrook Highline. Mayor Monachino Lapey read the following proclamation. PROCLAMATION WHEREAS, Sanjay Seecharran has been a member of the Boy Scouts of America with Troop 1 Pelham and has completed the requirements for the rank of Eagle Scout, and WHEREAS, Sanjay Seecharran has demonstrated great foresight that has resulted in a community improvement, and WHEREAS, Sanjay Seecharran built a foot bridge over a flood zone on an abandoned rail- bed known as the Highbrook Highline which is a two-acre park and community trail in Pelham, and WHEREAS, the bridge, which is eighteen feet long including the ramp and four feet wide with rails that are three feet high, was constructed over the course of several weekends with help from fellow Troop 1 Scouts, friends and project advisor William Hopkins, and WHEREAS, the completed bridge is used by the community including the Girl Scouts for their Bridging Ceremony, and WHEREAS, Sanjay Seecharran, a 2021 graduate of Pelham Memorial High School, was officially declared an Eagle Scout on June 8, 2021 2  NOW, THEREFORE BE IT RESOLVED, that the Mayor and Board of Trustees of the Village of Pelham Manor hereby recognize Sanjay Seecharran and extend to him on behalf of ourselves and the citizens of the Village of Pelham Manor congratulations for having attained the rank of Eagle Scout and be it further RESOLVED, that a copy of this Proclamation be presented to Sanjay Seecharran. Mayor Monachino Lapey said that she and the Board were thrilled that Sanjay was here tonight. He is currently attending the University of Buffalo. Trustee Owen-Michaane, an Eagle Scout himself, said that attaining the rank of Eagle Scout is not easy especially when you go from Middle School through High School. It demands a great deal of focus. He said that focus will pay off for him in the future. He congratulated Sanjay and his family. Trustee Cataldi DeLillo said that this service project enriches our community and a local park. She especially liked that the Girl Scouts use the bridge for their Bridging Ceremony because it is giving back to other scouts. She congratulated him and his family. The Mayor said that this is an ongoing rehabilitation of that park. She said that her friend Susan Mutti, a former Deputy Mayor from the Village of Pelham, worked very hard on this park. Some Eagle Scouts have also worked on this park. She said that it’s been a labor of love. Trustee Senerchia said that it’s amazing what’s been done at the park. He commended him. He said that he did something special and he should be proud of it. Trustee Bennett expressed her thanks and said that this service project will enhance our community for years to come. She said that an added benefit was that the Girl Scouts use the bridge. She congratulated him and his family. Sanjay Seecharran thanked the Mayor, Board and Village Manager Pierpont for the Proclamation. He said that he looks forward to serving the community now and in the future. All those in attendance congratulated Sanjay Seecharran. ---------- REPORTS Police Commissioner Bennett discussed the Police report with Chief Atkins. There were four hundred eighty-one incidents last month including the burglary at Four Corners. She asked Chief Atkins to speak a little more about this. Chief Atkins said that the burglary is an ongoing investigation and they are waiting for information from the Westchester County lab. He said that will probably take a little more time to get evidence back because the County is backlogged. Police Commissioner Bennett said that the larcenies were committed with keys in the cars. She asked residents not to leave their keys in their cars. The Police Commissioner said that that bicycle accident outside Prospect Hill school involving two children left a child with a broken leg. She said that it was upsetting for everyone involved. She said that Detective Carrol has been in touch with Principal Carr at Prospect Hill. Chief Atkins said that Detective Carrol has been in contact with Mrs. Carr. He said that Triple A (AAA) offers a program on bicycle safety. They will come into the school if asked. The principal has the contact information. The Chief reminded residents to lock their cars and not leave their keys or fobs in the car. 3 The Police Commissioner said that if the vehicle is open, valuables can also be targeted. The Chief said that valuables and important papers should be out of the line of sight and preferably locked the trunk. The Mayor and Board thanked Chief Atkins for his report. The Village Treasurer discussed the November report. He said that almost all expenses are anticipated and on track. He said that six months through the fiscal year the Village continues to do well. He said that page six of the report shows a one hundred thousand dollar expense in traffic control. He said that this was for the pedestrian signal at Boston Post Road and Esplanade. He said that the Village has filed for reimbursement for those funds and expects to receive it before the end of the fiscal year to offset that expense. He said that we are just starting snow season and have purchased some salt. He said that there will be more to report on plowing in the January report. Trustee Owen-Michaane asked about the state sales tax and was told that the Village has received two of its four quarterly payments. The Village will receive one in February and one in May. He said that it is running a little ahead of last year. He said that the Village is in good shape. The DPW Superintendent said that November and December are big on leaves and yard waste. Eighty-six percent of the material collected was recycled organic material. The Village is picking up Christmas trees which added to the recycling program. Trustee Cataldi DeLillo spoke about the trees purchased under the Power Authority program and asked the Village Manager to talk about the percentage of trees planted by the Village. The Village Manager said that ninety trees out of one thousand trees, or almost ten percent of the program, went to the Village of Pelham Manor. He said that the Village has a very robust program. The Village Clerk said that building permits were robust but not at the pace they were earlier in the year. He said that the Code Enforcement Officer continues to make sure that the Village is maintained properly. Trustee Owen-Michaane asked if thirty-five building permits was good. The Building Inspector said that thirty-five was a good number. He said that the pace seems to have continued. After discussion and upon motion duly made and seconded, it was unanimously RESOLVED, that the Police, Village Treasurer, DPW and Village Clerk reports be and hereby are approved. ----------- RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO SIGN THE INTER MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY TO USE THE FIRING RANGE FACILITY LOCATED AT THE COUNTY’S POLICE ACADEMY Mayor Monachino said that this is a Resolution to use Westchester County’s Firing Range. The Village Manager said that this is an annual Inter Municipal Agreement. Trustee Cataldi DeLillo said that this is another example of shared services. She said that the provides facilities what would be too onerous for the Village to construct, but gives the police an opportunity to train. She thought that it was great. After discussion and upon motion duly made and seconded, it was unanimously 4  RESOLVED, that the Village Manager be and hereby is authorized to sign the Intermunicipal Agreement with Westchester County to use the Firing Range Facility located at the County’s Police Academy. ---------- RESOLUTION AUTHORIZING THE ADOPTION OF THE 2022 WESTCHESTER COUNTY HAZARD MITIGATION PLAN UPDATE Mayor Monachino Lapey asked Manager Pierpont to speak about this update. The Village Manager said that we participate with Westchester County in preparing a Hazard Mitigation Plan. All hazards such as earthquakes, fires, tornadoes and floods are looked at and assessed. He said that we do this in cooperation and coordination with Westchester County and many other municipalities in Westchester County. He said that we’ve looked at the hazards, assessed them and looked at areas where we can make improvements. A lot have to do with drainage and flooding and he said that we’ve submitted plans for some areas for which we’d like to submit grant applications. The Village Manager said that this has been a multi month process. He said that the Police Department, Fire Department and I have been involved in this process. The Village Manager said that the Plan has been submitted to, and accepted by, FEMA. He said that authority is needed to sign onto the Plan. Trustee Cataldi DeLillo said that there were seven projects that came out of this update. Some are construction projects that we will be planning for in the future. They are flooding related. Trustee Cataldi DeLillo said that she thought it was great that we take this initiative to do some work that needs to happen. The Village Manager said that this is was a very significant undertaking and he was grateful to the County for spearheading it. A RESOLUTION OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF PELHAM MANOR AUTHORIZING THE ADOPTION OF THE 2022 WESTCHESTER COUNTY, NY HAZARD MITIGATION PLAN UPDATE WHEREAS, all jurisdictions within Westchester County have exposure to natural hazards that increase the risk to life, property, environment, and the County and local economy; and WHEREAS, pro-active mitigation of known hazards before a disaster event can reduce or eliminate long- term risk to life and property; and WHEREAS, The Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre and post disaster hazard mitigation programs; and WHEREAS, a coalition of Westchester County municipalities with like planning objectives has been formed to pool resources and create consistent mitigation strategies within Westchester County; and WHEREAS, the coalition has completed a planning process that engages the public, assesses the risk and vulnerability of the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives, and creates a plan for implementing, evaluating and revising this strategy; NOW, THEREFORE, BE IT RESOLVED that the Village of Pelham Manor: 1) Adopts in its entirety, the 2022 Westchester County Hazard Mitigation Plan (the “Plan”) as the jurisdiction’s Natural Hazard Mitigation Plan, and resolves to execute the actions identified in the Plan that pertain to this jurisdiction. 2) Will use the adopted and approved portions of the Plan to guide pre- and post-disaster mitigation of the hazards identified. 5  3) Will coordinate the strategies identified in the Plan with other planning programs and mechanisms under its jurisdictional authority. 4) Will continue its support of the Mitigation Planning Committee as described within the Plan. 5) Will help to promote and support the mitigation successes of all participants in this Plan. 6) Will incorporate mitigation planning as an integral component of government and partner operations. 7) Will provide an update of the Plan in conjunction with the County no less than every five years. ------------ ACTION ON LOCAL LAW 6 OF 2021 The Mayor said that this local law was held open for written comment and said that there was robust in person participation at the public hearing. Trustee Owen-Michaane said that the cameras will do what they’re supposed to do. Real people will review and make determinations and then send the information to the Police who will also make determinations. The Manager said that was correct. Trustee Owen-Michaane said that if you’re in the median and trying to turn you are probably not going to get penalized. Two human beings will review the photos. He said that this is an amazing piece of pedestrian and vehicle safety that we can bring to the Village of Pelham Manor. He said that this is one of many tools. After discussion and upon motion duly made and seconded, it was unanimously RESOLVED, that Local Law 6 of 2021 be and hereby is adopted. ---------- RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO SIGN CONTRACT WITH SENSYS GATSO REGARDING RED LIGHT CAMERAS The Mayor said that the Board had a memo from the Police Chief in support of this company. The Mayor asked the Village Manager to give a little more background on this issue. The Village Manager said that the Police Chief, Police Lieutenant and he met with representatives from Sensys Gatso to make sure that they could deliver all the information required by New York State. He said that this company has been developing this technology since the 1960’s, and they are one of the premiere organizations in this field. He said that they expressed a willingness to gather other data that may be helpful in furthering pedestrian safety at this intersection and perhaps others. He said that he was impressed with them and said that he and the Police Chief recommended that the Village enter into this contract. He said that outside counsel had reviewed this contract. Trustee Owen-Michaane said that this seemed fair and balanced and a good item to enter into. Trustee Bennett asked how long it would take for the cameras to be up and was told that the cameras will probably be in place sixty days from when the contract is signed. After discussion and upon motion duly made and seconded, it was unanimously RESOLVED, that the Village Manager be and hereby is authorized to sign the contract with Sensys Gatso regarding red light cameras. ------------ RESOLUTION AUTHORIZING THE MAYOR TO SIGN ABSTRACT OF VOUCHERS NUMBERS 29568-29596 6 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 29568-29596. ---------------- PUBLIC COMMENT Mayor Monachino Lapey asked if anyone had any comments or questions. Melissa Labonte, 19 Garden Road, spoke about Hurricane Ida and said after the storm some residents were interested in applying for grants as part of the Village’s grant proposal to FEMA. She asked for an update on the proposal. Manager Pierpont said that after review with an engineer there were some projects that the Village was not ready to do in the application. Some issues for grant activities are in the Hazard Mitigation Plan. Ms. Labonte spoke about the Save the Sound lawsuit. She said that Save the Sound has not received substantive responses to clarify questions it posed in mid-December. She said that the remaining defendants in the lawsuit are the New Rochelle Sewer District, which includes Pelham Manor, and Scarsdale. She asked when would Save the Sound receive the outstanding material and what was the financial liability of this lawsuit for the Village. Mayor Monachino Lapey said that the Board has been very transparent about this lawsuit. She said that the Village has been represented by very competent, specialized outside counsel who has been with us every step of the way. She asked Attorney Cornachio if there were any further updates. Village Attorney Cornachio said that he’s been in contact with outside counsel who has been working very hard. He said that we’re very open with the plaintiffs to resolve this if we can. The Village Attorney said that we review anything they bring to us and we’re always dialoguing with them. He said that there are competing factors. He said that we have one position and they have another. The Village Attorney said that we are always open to settlement discussions. Trustee Owen-Michaane asked if the Village pays a pro rata share of the defense. The Village Manager said that our share based on per capita, is approximately six or seven percent. This includes the City of New Rochelle, the Town of Mamaroneck and the Village of Larchmont. Toby Marxuach Gusciora, 901 Plymouth Street, said that she was speaking on behalf of Allison Frost from 4579 Boston Post Road who was unable to attend the meeting. She said that Ms. Frost asked the Board to consider and adopt a resolution that would have the Westchester County Board of Elections run the Village’s election. She said there would be cost savings to the Village, bi-partisan election oversight, best practices in terms of trained workers, assured integrity with absentee ballots, and the availability of affidavit ballots at the polling site. She thought that it would be a more professional approach. Mayor Monachino Lapey said that she and the Board looked at this issue in great detail. The Mayor said that she disagrees with many of Ms. Frost’s comments. She said that the Village’s Election Officer conducts the elections with very high standards. The Mayor said that no election is perfect. She spoke about the recent November election for Town officials that was run by Westchester County. There were many hiccups with that election. She said that there was difficulty certifying the winners. She said that the Village elections are run very efficiently and she said that she feels at this juncture we have a very good system. Trustee Senerchia said that there were issues when the County ran the Town election. The Mayor said that we use Pelham Manor residents and Mr. Pierpont certifies the election. The election results are known that night. 7 The Village Manager said that he does what is required by law. He said that Affidavit Ballots are not permitted to be used in Village elections under State law. He said even if he wanted to provide them, he couldn’t. They are not permitted. Trustee Owen-Michaane, said that there are other avenues to be able to vote. Residents can petition a local judge. The Village Manager said that is the alternative. Residents can petition a judge. He said that last year he assisted several people in getting a court order to allow them to vote. This is in lieu of an affidavit ballot. He said that we choose people from both parties, who are certified and trained by the County, to be Election Inspectors. He said that the votes are counted and tallied by Election Officers who are appointed by the Village Board. He said that he just certifies results as they are given to him. ------------- EXECUTIVE SESSION The Mayor said that there was an issue regarding a personnel matter and ongoing litigation. 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 Litigation No action was taken in Executive Session. -------------- ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned. -------------- Clerk 8