Board of Estimate & Contract

BOARD OF ESTIMATE & CONTRACT MEETING MINUTES TUESDAY, NOVEMBER 29, 2022 at 4:00 P.M. MAYOR’S CONFERENCE ROOM – 1ST FLOOR CITY HALL, MOUNT VERNON, NEW YORK & VIA FACEBOOK.COM/MOUNTVERNONNY https://www.facebook.com/watch/live/?ref=watch_permalin k&v=662439998862465 “REVISED” AGENDA Call to Order: At 4:24 PM by Chairwoman Mayor Shawyn Patterson-Howard Board Members Present: • Chairwoman Mayor Shawyn Patterson-Howard, • City Council President Derrick Thompson • Comptroller Darren Morton; we have a quorum. Others: Corporation Counsel Brian G. Johnson, Assistant Corporation Counsel Alyssa Gillespie, Chief Reed, Commissioner Damani Bush, City Clerk Tanesia M. Walters, Deputy City Clerk Donna Jackson, Keith Eversley Absent: None ROLL CALL: Roll Call and reading of agenda items administered by City Clerk Tanesia M. Walters RESOLUTIONS APPROVING ORDINANCES 1. Granting permission to transfer funds within the Department of Public Works to cover any current negative balances as well as future purchases for the remainder of the year. Moved by Comptroller Morton, Seconded by Council President Thompson On the Question: NONE Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None 2. Granting permission for five (5) Councilmembers and the City or Deputy City Clerk.to attend the 2023 Winter Legislative Meeting from February 5th through February 7th, 2023, being held in Albany, New York - (the registration fee for each of the councilmembers is $250.00 x 5 = $1,250.00 = the total amount for five (5) councilmembers and is available in A1010.417 (Education/Training) - and the registration fee for the City or Deputy City Clerk not to exceed two hundred and fifty dollars each (2 x $250.00 = $500.00 = the total amount is available in account A1410.417 (Education Training). Moved by Comptroller Morton, Seconded by Council President Thompson On the Question: Morton asked if all councilmembers are going. Response: Thompson explained it is an estimate in case all members noted will travel.  Board of Estimate & Contract November 29, 2022 Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None 3. Granting permission for five (5) Councilmembers and the City or Deputy City Clerk.to attend the 2023 NYCOM Fall Training School for City & Village Officials from September 18 th – 22nd, 2023 - (the registration fee for each of the councilmembers is $450.00 x 5 = $2,250.00 = the total amount for five (5) councilmembers is available in A1010.417 (Education/Training) - and the registration fee for the City or Deputy City Clerk not to exceed four hundred and fifty dollars each (2 x $450.00 = $900.00 = the total amount is available in account A1410.417 (Education Training). Moved by Comptroller Morton, Seconded by Council President Thompson On the Question: Morton asked why the items is being brought forth for a 2023 event. This is happening in a subsequent budget year (2023), unless there is a requirement to pay it in advance to save money (early registration.) Response: None. Ayes: HELD Nays: None 4. Granting permission for the Department of Recreation to sponsor the Annual Three Kings Day Celebration – ($3,000.00 - Budget Code A7310.104, Department of Recreation 2022 Budget - at the Doles Center, on Friday, January 6, 2023, from 4:30 p.m. to 6:30 p.m.). Moved by Comptroller Morton, Seconded by Council President Thompson On the Question: Morton noted there isn’t enough money in this line; and we need a transfer of funds in order to have this resolution approved Response: None. Ayes: CALLED FOR Nays: None 5. Authorizing the Mayor to enter into an agreement, via a Memorandum of Understanding, and participate in the Edward Byrne Memorial Justice Assistance Grant (“JAG”) Program – (from: October 1, 2019 – September 20, 2023 - Applied Tactical Technologies (NYS OGS Vendor 1000034176), utilizing NYS Office of General Services Contract PC69423SB, Group 35205, Award 23227 for the total price of $25,580.00. Active shooter kits $25,583.00). Moved by Council President Thompson Seconded by Comptroller Morton, On the Question: NONE Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None 6. Granting permission to transfer funds within the Department of Public Safety to the jail – ($50,000.000 from the Department of Public Safety’s budget line for Salaries and Wages (A3120.101) to the Department’s budget line for Jail - Salaries and Wages (A3150.101). Moved by Council President Thompson Seconded by Comptroller Morton On the Question: NONE Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None 7. Granting permission to transfer funds from the Department of Public Safety’s Salary Budget Line for salaries and wages to the budget line for expense for personal injuries, (transfer amount of $50,000.00 from Salaries and Wages (A3120.101) to the Department’s budget line for Expense for Personal Injuries (A3120.446). Moved by Council President Thompson Seconded by Comptroller Morton On the Question: None Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None Page 2  Board of Estimate & Contract November 29, 2022 8. Amending Ordinance No. 20 adopted on August 10, 2022, entitled “AN ORDINANCE DECLARING AN EMERGENCY SITUATION FOR THE PURCHASE OF AN EMERGENCY SERVICE UNIT VEHICLE” – ($290,582.39 available from Budget Code A3120.203ARP). Moved by Council President Thompson Seconded by Comptroller Morton On the Question: None Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None 9. Granting permission for one (1) officer to attend a two-day Leo Combat Carbine Training Course (Westchester County Police Academy from December 8th – December 9th, 2022 - $685.00 to be satisfied in Budget Line A3120.451, Training). Moved by Council President Thompson Seconded by Comptroller Morton On the Question: None Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None 10. Granting permission to install new flooring in the Office of the City Clerk and Registrar offices ($13,000.00 through account code A1410.401, Office Expense). Moved by Council President Thompson Seconded by Comptroller Morton On the Question: Comptroller Morton asked if money was transferred to cover the cost; the Clerk approved. Comptroller further noted that the amount is under the threshold and did not need to come before the BOE&C. Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None SALARY RESOLUTION 11. For the position of Assistant Corporation Counsel in the Law Department. Moved by Council President Thompson Seconded by Comptroller Morton On the Question: Corporation Counsel Johnson noted that this Item sets the rate for the new Corporation Counsel that is required to come before the Board of Estimate and Contract, and that this item is not a salary raise. Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None PARTIAL PAYMENTS 12. Authorizing partial FINAL payment to Green Mountain Pipeline Services, Inc. – for the City-wide Sewers Cured In-Place (“CIPP”), Closed-Captioned Televising (“CCTV”) and cleaning project - Invoice No. 1699-A in the amount of $574,505.00 - (ARPA Budge Code H8140.203.C932 – Stormwater Sewer Rehabilitation, funding for this payment is 75% reimbursed via the New York State Department of Environmental Conservation Water Quality Improvement Program Grant). Moved by Council President Thompson Seconded by Comptroller Morton On the Question: Comptroller Morton queried If the City has a contract with Green Mountain Pipeline. Normally the contract and amount are listed along with prior payments. Response: Commissioner Bush and Chief Reed joined the meeting to confirm the contract initiated in 2016 for $1.6 million dollars in grant funds. The City received an additional $500,000 from the DFC to continue the work, approved by the City Council. After these 3 payments in items 12, 13 and 14 of this Agenda, the contract is expended. The Mayor noted these Items are broken out as separate projects as a response to the Environmental/Dept. of Justice/EPA lawsuit. Commissioner Bush keeps an internal spreadsheet tracking awards and payments and will share with Comptroller Morton. Comptroller Morton noted the Page 3  Board of Estimate & Contract November 29, 2022 wording of “75% to be reimbursed” against the ARPA; the charge is going against the Capital budget code for sewer work attached to the ARPA funding. Although this money will be reimbursed it impacts the ARPA funding. Councilman Thompson noted the BOE&C can make a motion from the floor to amend both the Item language and the resolution language to state “final payment” and not “partial payment”. Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None 13. Authorizing partial payment to Green Mountain Pipeline Services, Inc. – for the City-wide Sewers Cured In-Place (“CIPP”), Closed-Captioned Televising (“CCTV”) and cleaning project - Invoice No. 1699-B in the amount of $279,026.00 - (ARPA Budge Code H8140.203.C932 – Stormwater Sewer Rehabilitation). Moved by Council President Thompson Seconded by Comptroller Morton On the Question: None Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None 14. Authorizing partial payment to Green Mountain Pipeline Services, Inc. – for the City-wide Sewers Cured In-Place (“CIPP”), Closed-Captioned Televising (“CCTV”) and cleaning project - (Invoice No. 1681 in the amount of $84,450.00 to (ARPA Budge Code H8140.203.C932 – Stormwater Sewer Rehabilitation). Moved by Council President Thompson Seconded by Comptroller Morton On the Question: None Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None REQUEST FOR PROPOSALS (“RFP”) 15. Granting permission for the Department of Public Works to submit a request for proposals for “Consulting Services Regarding Traffic Analysis” for various intersections within the City. Moved by Council President Thompson Seconded by Comptroller Morton On the Question: Mayor SPH noted the complaints received about sections of the city regarding traffic issues. This is to examine potential traffic calming patterns around the city. Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None SETTLEMENTS 16. Settling the claim of QUEEN CITY CARTING INC. - $130,000.00 - (Budget Code A1930.494 (Judgments & Settlements, 2022 & 2023 Budget(s))- to be paid in two (2) equal installments, tentatively scheduled as follows: December 15, 2022 - $65,000.00; and January 15, 2023 - $65,000.00 Moved by Council President Thompson Seconded by Comptroller Morton On the Question: Counsel Johnson explained that this company executed three demolitions on behalf of the city and were not paid. Mayor Patterson-Howard noted these payments span back to 2016-2017, for 3 Zombie homes. The former mayor at that time entered a contract without bringing the contract before the City Council or the BOE&C. Counsel Johnson noted if the City doesn’t settle it will be forced to pay 9% interest, potentially pushing the cost to $200,000. The City filed a motion with the courts that the former mayor entered into this agreement without proper authority. Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard, noted with reluctance. Nays: None Page 4  Board of Estimate & Contract November 29, 2022 17. Settling the claim of ANTHONY DELLA MURA - $46,000.00 (Budget Code A1910.469). Moved by Council President Thompson Seconded by Comptroller Morton On the Question: Counsel Johnson noted Mr. Della Mura made several allegations and lawsuits against the city in 2018, and alleged he was retaliated against for allegations he brought forth against the water department. It is in the best interest of the city, although Counsel successfully fought several of the claims, to pay this claim and cease the legal costs. Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None 18. Settling the claim of DEBRA HUNT - $190.53 - (Budget Code A1910.469). Moved by Council President Thompson Seconded by Comptroller Morton On the Question: None Response: None. Ayes: Comptroller Morton, Council President Thompson and Chairwoman, Mayor Patterson- Howard Nays: None NEW BUSINESS The Mayor distributed a draft of the proposed 2023 annual estimate with a 7.63% tax increase. She explained the main drivers of the increase: $4.8 million required retroactive payment to the Local 107 Fire Department ordered by the Courts and retroactive payments of approximately $5.9 million dollars. If the City received a judgment, it would have to pay 9% as part of the judgment. The City is forced to make payments throughout 2023. The City will make one of the payments in 2022. Yesterday the City received a report from NY State that the medical insurance premiums are rising 12-14%. The City reallocated $5 million dollars in ARPA funds to help keep the tax rate down and projected 2023 revenues. The Comptroller noted City officials spent significant time as a team to see where they could make necessary adjustments. The information used was a combination of items noted by the State Comptroller’s Office in order to execute a reasonable and realistic budget. Adjustments have been made in all department budgets. It will be incumbent upon departments to meet and exceed their revenue targets. We do not have the ability to get a bond rating at this time. The City does not have a fund balance to use. Councilman Thompson discussed the possible implementation of a residency tax. Comptroller Morton noted that City officials began working on the budget in August 2022. He discussed unknown variables, for example, NY State reported that health costs could go as high as 19 percent. Settlements were made with unionized labor. The City is estimating effects to 2023 cash flow. City officials originally had the tax increase below 6%. Financial impacts like health costs brought it back up past 10%. The City is working on reestablishing its bond rating. The 2016 audit is being finalized. Further discussion ensued on the decrease in violent crime, but the uptick in crimes of opportunity and property crime. The Mayor asking for a motion to accept the proposed estimate in order to move the proposed annual estimate to a public hearing. Councilman Thompson made the motion, it was seconded by Comptroller Morton, ALL AYES on the vote. The Mayor requested a motion to conduct a public hearing on budget in City Council Chambers on December 13th at 7pm. Councilman Thompson made the motion; Comptroller Morton seconded. ALL AYES on the vote. The Mayor will post notices for the public budget meetings. Copies of the proposed budget will be in the Clerk’s Office. Motion to adjourn by Morton, seconded by Thompson, ALL AYES. Meeting adjourned at 5:45 pm. Page 5