Board of Estimate & Contract

CITY OF MOUNT VERNON, NEW YORK OFFICE OF THE CITY CLERK ONE ROOSEVELT SQUARE, ROOM 104 MOUNT VERNON, NY 10550 Main (914) 665-2352 Fax (914) 668-6044 www.cmvny.com BOARD OF ESTIMATE AND CONTRACT MEETING MINUTES HELD ON TUESDAY, OCTOBER 18, 2022 at 4:00 PM MAYOR’S CONFERENCE ROOM – CITY HALL, MOUNT VERNON, NEW YORK & VIA FACEBOOK.COM/MOUNTVERNON, NY https://fb.watch/gyv9fW8kwU/ Call to Order: At 4:19 PM by Chairwoman Shawyn Patterson-Howard Board Members Present: • Chairwoman, Mayor Shawyn Patterson-Howard • City Council President Derrick Thompson • Comptroller Darren Morton; we have a quorum. Others: Chief Kristen Reed, Corporation Counsel Brian G. Johnson, City Clerk Tanesia M. Walters, Deputy City Clerk Donna Jackson, 2nd Deputy Comptroller Jean Apollon, Assistant Comptroller Condell Hamilton, Planning Commissioner Rausse, MVFD Kevin Holt Absent: None MEETING NOTICE: Clerk Walters read the meeting notice at 4:19 pm. ROLL CALL: Roll Call and reading of agenda items administered by City Clerk Tanesia M. Walters NEW BUSINESS: ACCEPTANCE OF REQUEST FOR PROPOSAL ("RFP") Item No. 24. (Taken first so Commissioner Rausse may be excused) Request to accept the proposal responding to the Request for Proposal ("RFP") from the team led by MUD Workshop to provide consulting services for the City of Mount Vernon Comprehensive Plan - ($250,000.00) On the Question: Comptroller Morton noted Item #24 was added to the BOE&C agenda, and inquired about the budget line, timeframe for work, and the anticipated expenditures will be to 2022 year-end. Response: Commissioner Rause responded; discussion ensued regarding remaining budget line funds, and NYS Regional Economic Development Plan funding. Commissioner Rausse explained the timeline for the comprehensive plan will be 18-to-24-months. The Phase 1 timeframe is 9-12 months in 2023, and Phase 2 timeframe is 10-12 months into 2024. Payment is 40-50% up front for Phase 1. Counsel Johnson explained the RFP process. Ayes: Comptroller Morton, Council President Thompson and Chairwoman Patterson-Howard Nays: None  Board of Estimate & Contract Meeting Minutes – 10/18/2022 Page 2 RESOLUTIONS APPROVING ORDINANCES: Item No. 1 Amending Appendix A to Resolution No. 2, adopted on September 14, 2022, entitled "A RESOLUTION APPOINTING COMMISSIONERS OF DEEDS FOR THE CITY OF MOUNT VERNON. On the Question: None. Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman Patterson-Howard Nays: None. Item No. 2 Granting retroactive permission for the Commissioner of the Department of Public Works and the director of Sustainability & Community Engagement to attend the 2022 Smart City Expo USA in Miami, Florida from September 13 - 17, 2022 ($4,000.00 to be satisfied through Budget Code A8170.405, Dept. of Public Works). On the Question: Comptroller Morton queried this retroactive approval. Response: Chief Reed discussed the late event notice, and the passing of the submission/referral period. Comptroller Morton noted the need for compromise to the City Council’s edict to submit event information/referral letters prior to event dates. Legislation, operations and policies should align to elicit approval so city business can be conducted, we can safeguard city resources, and to ensure monies are in appropriate budget lines. Chairwoman Patterson-Howard further explained the DPW leadership’s attendance at the Smart City conference. Chief Reed will forward the Water Dept. report. Ayes: Comptroller Morton, Council President Thompson and Chairwoman Patterson-Howard Nays: None. Item No. 3 Granting permission to the Corporation Counsel to attend the "Advanced Course in Police Discipline Internal Affairs Investigations & Critical Incident Response" Seminar (November 9th – 11th, 2022 at the Flamingo Las Vegas, Nevada. Not to exceed $2,000.00 - funds available in Budget Code A1420.417, Education/Training) On the Question: Counsel Johnson thanked the Mayor and Counsel for permission to attend. He described the benefits of last year’s conference and looks forward to attending this year. Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman Patterson-Howard Nays: None. Item No. 4 Granting permission to the Office of the City Clerk to use funds from Account A1410.401 "Office Expense" to cover the cost of installing safety glass partitions in both the Office of the City Clerk and Registrars’ Office. On the Question: Chairwoman Patterson-Howard queried the amount; Clerk Walters noted the amount is “not to exceed $20,000”; The Clerk’s Office received and reviewed 3 quotes; Tri County Furniture will do the installation for approximately $16,000. Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman Patterson-Howard Nays: None. 2  Board of Estimate & Contract Meeting Minutes – 10/18/2022 Page 3 Item No. 5 Authorizing and directing the Comptroller to establish a new expense account for software and professional services in the Office of the City Clerk. On the Question: Comptroller Morton asked Assistant Comptroller Hamilton to inquire and speak to Senior Account Clerk Stephens regarding the creation of a new budget line. Clerk Walters noted the office expense line does not have enough to cover and replenish the City Clerk office line. Clerk Walters thought it was a good idea to create the line and add it to our proposed 2023 budget. Comptroller noted a resolution is not needed; the line can be created in OpenGov as a new proposal. Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman Patterson-Howard Nays: None. Item No. 6 Granting permission to terminate an agreement with First Data for the lease of a Clover Station Pro Cash Register. On the Question: Comptroller Morton inquired about the reason for the agreement termination. Response: Clerk Walters explained the FiServe company’s acquisition of the Clover company. Item No. 6 is the termination of the Clover agreement, and Item No. 7 authorizes the new FiServe agreement. Ayes: Comptroller Morton, Council President Thompson and Chairwoman Patterson-Howard Nays: None. Item No. 7 Authorizing the Mayor to enter into an agreement with FiServe Solutions LLC for payment processing Services - (three (3) Years With monthly fixed costs not to exceed $140.00, to be paid from A1410.407, Leasing, Printing & Copying, and variable costs of 3.5% of the monthly credit and debit card transactions to be paid from A1410.401, Office Expense). On the Question: Comptroller Morton inquired about the collection of payments, where payments are deposited, and how the funds get from the company to City coffers, and if this is a sole source company. Response: Clerk Walters described the payment process of the Clerk’s Office. She confirmed credit card payments are delivered to PCSB Bank, and the Clerk’s Office writes a check to the City. No need for sole source because it is a transfer of contract. Chairwoman Patterson-Howard asked if the software compatibility was insured. Clerk Walters affirmatively confirmed. Ayes: Comptroller Morton, Council President Thompson and Chairwoman Patterson-Howard Nays: None. Item No. 8 Authorizing the Mayor to enter into a three-year agreement with General Code for recodification services - ($1,195.00 for a three-year term available in Account Code A1410.483 (Recodification of Charter). On the Question: None. Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman Patterson-Howard Nays: None. 3  Board of Estimate & Contract Meeting Minutes – 10/18/2022 Page 4 Item No. 9 Granting permission to the Mount Vernon Youth Bureau's Executive Director and three (3) staff members to attend the Association of New York State Youth Bureaus 50th Annual Youth Development Leadership Training Conference from November 2-4, 2022 - (Revenue Code A2229.8 with the appropriations in Budget Codes: A7312.402 (Travel Expense) and A7311.423 (Conference Expense). On the Question: Chairwoman Patterson-Howard noted the lack of conference trip estimates in the Agenda cover pages; after calculations the Chair noted for the record the approximate cost of $3,000 for the trip. Response: Clerk Walters added the amount to the record. Ayes: Comptroller Morton, Council President Thompson and Chairwoman Patterson-Howard Nays: None. Item No. 10 Authorizing the Mayor to enter into an agreement with Organizational Capacity Building LLC ("OCB") for partnership meetings and executive coaching services for the Mount Vernon Youth Bureau for Ready4Life Executive Staff for the contract period September 29, 2022, through September 30, 2025 - (Revenue Code A4820.4 with appropriations in Budget Code A7335.405, Contracted Outside Services). On the Question: None. Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman Patterson-Howard Nays: None. Item No. 11 Granting permission to the Department of Recreation to sponsor a Hispanic Heritage Outdoor Event on Saturday, October 15, 2022 (rain date: Sunday, October 16, 2022) from 12:00 p.m. to 5:00 p.m. and permission to close Howard Street from West Lincoln Avenue to North Terrace- ($5,000.00 will be charged to the Budget Code: A7310.447, Department of Recreation 2022 Budget). On the Question: None. Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman Patterson-Howard Nays: None. Item No. 12 Authorizing the Department of Public Safety to purchase one (1) Ford Transit 350 Van Prisoner Vehicle with American Rescue Plan Act ("ARPA") Funds - ($94,178.44 - American Rescue Plan Act ("ARPA") from Budget Line A3120.203ARP. This contract is a State contract and therefore exempt from the bid requirements). On the Question: None. Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman Patterson-Howard Nays: None 4  Board of Estimate & Contract Meeting Minutes – 10/18/2022 Page 5 Item No. 13 (HELD) Authorizing the Department of Public Safety to purchase two (2) Ford Escape Vehicles for the Parking Bureau with American Rescue Plan Act ("ARPA") Funds - ($59,827.62 - American Rescue Plan Act ("ARPA") from Budget Line A3120.203ARP. This contract is a State contract and therefore exempt from the bid requirements). On the Question: Comptroller Morton remarked that the use of these vehicles is only for the Parking Bureau and not Public Safety. He further noted this Item No. 13 needs to be held and transferred to the correct budget code. It is an allowable expense but not under the code as written. Response: Clerk Walters and Comptroller Morton noted Item No. 13 is being HELD from the floor. Ayes: None. Nays: None. Item No. 14 Authorizing the transfer of funds designated to the FDMV to facilitate the purchase of supplies and equipment to outfit four (4) ambulances purchased by the MVURA - ($423,000.00, balance in Account #4540.203 after transfers. $415,865.52, the amount to expend on equipment after transfer of funds). On the Question: Chairwoman Patterson-Howard noted the equipment is being transferred from the Mount Vernon Urban Renewal Agency to ARPA. This will bring ambulance services in-house. Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman Patterson-Howard Nays: None. Item No. 15 Authorizing the FIRE DEPARTMENT to purchase four (4) Stryker Power Loads Equipment (4BLS) with ARP Funds - ($415,865.52, available in American Rescue Plan - A4540.203ARP from Public Health EC PHS-003 1.7 - STRYKER SAVVIK Contract Awards #2021-06, #2021-05, FDMV Member SAVVIK #30919). On the Question: Comptroller Morton inquired about budget line 4540-203ARP. Chairwoman Patterson-Howard noted it as a public health project. Discussion ensued. Response: Chief Reed noted these are services to impact public health. After discussion Chief Reed clarified the Stryker company instituted a 30% cost increase as of October 1st. Deliberation ensued. There will still be savings for any ancillary equipment. Ayes: Comptroller Morton, Council President Thompson and Chairwoman Patterson-Howard Nays: None Item No. 16 Authorizing the Mayor to execute an application for a connection for the tax years 2019, 2020 and 2021 City, County and School Tax Bills and directing the Comptroller to issue a refund to Nextel of NY c/o T-Mobile, 590 East Third Street, Mount Vernon, NY 10550-Block 169.26-4022- 1.3 as follows: ($31,952.76 (City tax), $12,289.75 (County tax) and $71,534.70 (School tax) – a total refund in the amount of $115,777.20 for City, County and School Tax). On the Question: Comptroller Morton requested clarity on the way Items 16, 17 and 18 are written. Response: Counsel Johnson clarified the City’s responsibility solely for the city portion ($31,952.76) not county or school tax. However, the resolution as currently written directs the Comptroller to issue the entire amount. To clarify the authorization, the Committee members agreed to amend from the floor, and strike the language after the notation of the City Tax. 5  Board of Estimate & Contract Meeting Minutes – 10/18/2022 Page 6 Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard with the amendment that the record reflect the total amount owed by the City. Nays: None Motion to Combine Items #17 and # 18, seconded by Thompson. Roll Call: all AYES. Item No. 17 Authorizing the Mayor to execute an application for a correction for the tax years 2019, 2020 and 2021 City, County and School Tax Bills and directing the Comptroller to issue a refund to Nextel of NY c/o T-Mobile, 137 South Fourth Avenue, Mount Vernon, MY 10550 - Block 165.78-3110-42.-1 as follows: ($31,952.76 (City tax), $12,289.75 (County tax) and$71,534.70 (School tax) - total refund in the amount of $115,777.20 for City, County and School Tax). Item No. 18 Authorizing the Mayor to execute an application for a correction for the tax years 2019, 2020 and 2021 City, County and School Tax Bills and directing the Comptroller to issue a refund to Nextel of NY c/o T-Mobile, 21 West Sidney Avenue, Mounr Vernon, MY 20550 - Block 165.62-1120-16.1 as follows: ($31,952.76 (City tax), $12,289.75 (County tax) and $71,534.70 (School tax) – a total refund in the amount of $115,777.20 for City, County and School Tax). On the Question: Chairwoman Patterson-Howard noted the amendment to Item No. 16 will also be made to Items No. 17 and No. 18. Response: Comptroller Morton noted we are all overrun in that line already, and it is always a negative line. Ayes: Comptroller Morton, Council President Thompson and Chairwoman Patterson-Howard Nays: None Item No. 19 Authorizing an increase in the Emergency Tenant Protection ACT ("ETPA") Charge - (increase from $12.00 to $20.00 per regulated unit).” On the Question: Comptroller Morton noted NY State increased the ETPA fee to $20. The State does not allow our City to add any administrative fees onto that cost. Response: None Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None Item No. 20 Authorizing and directing the Comptroller to transfer funds to cover Retro Salary Payments for the Local 456 Contract Payments (Transfers: from A1990.494, Contingency Fund: Union Contracts and Salaries Adjustments in the amount of $1,107,593.90 to be applied as follows: $1,028,884.25 to various salary budget lines as indicated in the Schedule shown in the Ordinance and $78,709.65 to Budget Line A9030.803 (Social Security) to cover the retro pay for the period 2014 - 2017, and 2022). On the Question: Comptroller Morton described a PERB decision signed in 2019 that dates back to 2015. Based upon that decision the City adjusted salaries to place them on par with MV Fire and MVPD. The City paid 2013 and 2017 contract payments to stop the retroactive fees from continuing to accrue. This Item #20 is to move funds to the appropriate line. Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None 6  Board of Estimate & Contract Meeting Minutes – 10/18/2022 Page 7 Item No. 21 Authorizing the Mayor to enter into an agreement with Marc Traina for selected accounting and pre-auditing services in the Office of the Comptroller (hourly rate for these services is $250.00, on a per diem basis, to be charged to A3116.498 (C.P.A. Audit Fees). On the Question: Comptroller Morton noted the outstanding five (5) years of accounting work to complete. This Item authorizes outside contracting services. Comptroller Morton praised the skill of his staff but criticized the current capacity to complete the outstanding work. CORRECTION MADE ON THE CODE TO: A1316.498 Response: Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None Item No. 22 Authorizing the Mayor to enter into an agreement with DK Sage & Co. for Procedure Review and Policy Development in the (Office of the Comptroller (cost of Stage 1 is $30,000.00, all-inclusive and will be charged to A1315.405 (Outside Contracted Services). Transfer of $10,000.00 from A3116.498 (C.P.A. Audit Fees) to A1315.405 (Outside Contracted Services) needed to cover expenditures). On the Question: Clerk Walters noted a correction to the account code to A1316.498. Comptroller Morton noted the parallel tracks in process to bring financial records into good order. Response: None Ayes: Comptroller Morton, Council President Thompson and Chairwoman Patterson-Howard Nays: None Item No. 23 (SETTLEMENT AMENDMENT) Settling the claim of CHANTELLE OKARTER - $35,000.00 (two checks to be disbursed as follows: $11,666.67 payable to Bleakley Platt & Schmidt, LLP, One North Lexington Avenue, White Plains, NY 10601, attention of Kathryn L. Barcroft, Esq. and another in the amount of $23,333.33 made payable to Chantelle Okarter, representing the balance of settlement proceeds). On the Question: Chairwoman Patterson-Howard described the Housing and Urban Development (HUD) monies drawn down, but returned to HUD by former Comptroller Reynolds, who refused to transfer the monies to the URA department to pay Ms. Okarter. What should have been paid through the Urban Renewal Agency (URA) will now be paid through City’s general fund. Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman Patterson-Howard Nays: None Item No. 24 taken as Item No. 1 Item No. 25 (SETTLEMENT) Settling the claim of the Uniformed Firefighters’ Association, Inc. (“UFFA”) of the City of Mount Vernon, NY $5,763,626.10. On the Question: Counsel Johnson explained these payments are for the Deputy Chief and Firefighter’s Union and the City will settle these claims for the amount owed in three payments. Response: Comptroller Morton calculated the payments due to the Mt. Vernon Firefighters. Discussion ensued. He noted that the impact on the upcoming 2023 budget, and the current leadership’s need to mitigate financial damage to the city. A description was offered of the events leading to this moment: in April 2019 at a time when former Mayor Thomas had limited to no 7  Board of Estimate & Contract Meeting Minutes – 10/18/2022 Page 8 access to financial records, a decision was made by then Mayor Thomas to blindly enter into a Memorandum of Understanding with the Mount Vernon Fire Department. Counsel Johnson noted the $700,000 labor attorney expense, and then the labor attorneys abandoned the work. Chairwoman Patterson-Howard noted decisions made by the prior administration that did not go through the City Counsel, BOE&C or any structure. Today the result of those actions leaves the City in financial strain and without a fund balance. Council President Thompson thanked the Mayor for working with the City Council, and the union. Mayor noted either a major tax increase or a major decrease in services. We are looking at a near $5,million decision that we didn’t create Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None –Morton – This year we are working on available funds. to give them [raises-add language]. It is unfortunate that it was done. $2,068,13__.___. On the Question: Counsel – property damage claim. Response: Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None COMPTROLLER’S COMMUNICATION Item No. 26 Reserve for Delinquent Taxes Receivable, pursuant to Section 85-a of the Charter of the City of Mount Vernon, NY. On the Question: Comptroller Morton read the letter into the record, about the negative capital. We do not have monies to reduce the budget for next year. Inflation is at 8.7%, NYS informed us that insurance costs will go up 9%. Under normal circumstances if there was a dollar amount we would need to have a resolution outlining where the funds would go. Mayor SPH noted the foreclosures, the homes that have not paid taxes. Mayor SPH noted that we need to begin the In Rem process again, and work with those delinquent in taxes. Comptroller Morton noted that there will be a future auction of properties, a sale of liens and transfer of liens. Counsel Johnson noted that there is a process for foreclosures and making payment plans. So moved by Morton to accept it into the record. Response: none Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard. Nays: None FURTHER BUSINESS: None. MOTION TO ADJOURN: A motion to adjourn was made by Thompson. Seconded by Morton. A Roll Call was made by Clerk Walters: Ayes: Comptroller Morton, Council President Thompson, and Chairwoman Patterson-Howard. Nays: None There being no further business, the meeting was adjourned at 5:55 p.m. Donna M. Jackson, M.Ed., Deputy City Clerk Entered October 18, 2022 8