Board of Estimate & Contract

BOARD OF ESTIMATE & CONTRACT MINUTES TUESDAY, DECEMBER 20, 2022 4:00 P.M. MAYOR’S CONFERENCE ROOM – 1ST FLOOR CITY HALL, MOUNT VERNON, NEW YORK “REVISED” BOARD OF ESTIMATE AND CONTRACT MEETING MINUTES HELD ON TUESDAY, DECEMBER 20, 2022 MAYOR’S CONFERENCE ROOM – CITY HALL, MOUNT VERNON, NEW YORK & VIA FACEBOOK https://www.facebook.com/mountvernonny/videos/682649193303158 Call to Order: At 4:08 PM by Chairwoman Mayor Shawyn Patterson-Howard Roll Call: Roll Call and reading of agenda items administered by City Clerk Tanesia M. Walters. Noticed in the Journal News. Board Members Present: Comptroller Darren Morton, City Councilmember Lisa A. Copeland (in the absence of City Council President Derrick Thompson) and Chairwoman, Mayor Shawyn Patterson-Howard (we have a quorum). Absent: City Council President Derrick Thompson Others: Corporation Counsel Brian Johnson, City Clerk Tanesia M. Walters, Deputy City Clerk Donna Jackson, Assistant Comptroller Condell Hamilton, Renata Johnson (Office of the City Clerk), Assistant Corporation Counsel Alyssa Gillespie, Commissioner Damani Bush, Curtis Woods (City Engineer), Malcolm Clarke (Special Assistant to the Mayor), Dana Gardiner (Dept. of Public Works). OPENING OF BID FOR DEPARTMENT OF PUBLIC WORKS Clerk Walters read the public notice published on December 2, 2022 and December 14, 2022 in the Journal News for the Department of Public Works RFP for a consultant to conduct traffic analysis. There were 7 downloads and 13 partial downloads with one (1) bid received at the closing. Corporation Counsel Brian G. Johnson administered the opening of the single bid received from Hardesty & Hanover. (continued…)  Board of Estimate & Contract December 20, 2022 ADMINISTRATION OF THE AGENDA RESOLUTIONS APPROVING ORDINANCES 1. Granting permission for the removal and prohibition of elected officials name and likeness from all promotional and information signage on City-owned property. Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: Comptroller Morton queried the definition of “properties”, and if it includes vehicles, playgrounds, etc. Response: Chair Patterson-Howard responded yes, property includes all city-owned and controlled vehicles, garbage cans, properties. Councilwoman Copeland inquired if this includes dedications of parks. Mayor clarified notwithstanding a park plaque, it includes garbage cans, DPW trucks, City vehicles and property. Ayes: Comptroller Morton, Councilwoman Copeland and Chairwoman, Mayor Patterson-Howard Nays: None. 2. Granting permission to update and modify the grade specifications for two positions within the Department of Public Works (Budget Code A8160.101). Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: Comptroller Morton queried if this for the current budget or for 2023, and if so, how is it reflected in the 2023 proposed budget, and if this was evaluated and given a salary grade and step? Response: Chair Patterson-Howard and Commissioner Bush answered the new grade is 5 and it was included in the proposal. Comptroller Morton noted Commissioner Bush will need to find differential for 2023 budget. Ayes: Comptroller Morton, Councilwoman Copeland and Chairwoman, Mayor Patterson- Howard Nays: None. 3. Granting permission requesting permission for five (5) Councilmembers and the City or Deputy City Clerk to attend the NYCOM Winter Legislative Meeting from February 5th – 7th, 2023 (accounts: A1010.402, “Travel Expense” and A1410.402, “Travel Expense”). Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: Comptroller Morton queried the reason this is on the 2022 BOE&C. Response: Clerk Walters explained that the NYCOM conference registration fee portion was included and passed in the last BOE&C meeting. This is for travel arrangements. Comptroller Morton and Councilmember Copeland discussed whether there was an advantage to the city to pre-pay for travel and the legality. HELD FROM THE FLOOR UNTIL FURTHER CLARIFICATION. 4. Granting permission for three (3) Councilmembers to attend the National League of Cities Congressional City Conference from March 24th – 28th, 2023 (accounts: A1010.417, “Education and Training” and A1410.402, “Travel Expense”). HELD FROM THE FLOOR UNTIL FURTHER CLARIFICATION. 5. Granting permission to transfer funds within the Election Appropriations Lines ($139,938.00 from account A1450.101 “Salaries and Wages” to account A1450.405 “Contracted Outside Services” to cover election related expenses for the 2022 elections). Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: None. Response: None. Ayes: Comptroller Morton, Councilwoman Copeland and Chairwoman, Mayor Patterson- Howard Nays: None. Page 2 Board of Estimate & Contract December 20, 2022 6. Authorizing the Mayor to enter into a one (1) year contract with Tyler Technologies, Inc. (renewable on an annual basis subject to a 3% increase) to provide Veterans Specific claims and case management software and “Turnkey Support” framework within the Veterans Service Agency (“VSA”) for two named users in an amount not to exceed $900.00. Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: None. Response: None. Ayes: Comptroller Morton, Councilwoman Copeland and Chairwoman, Mayor Patterson- Howard Nays: None. 7. Granting permission to transfer funds within the Youth Bureau to cover a negative balance in the salary line ($28,000.00 from A7319.458 (“Other Expense) to A7319.101 (“Salaries”). Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: None. Response: None. Ayes: Comptroller Morton, Councilwoman Copeland and Chair Patterson-Howard Nays: None. 8. Declaring imminent danger and requesting urgent demolition of unsafe building located at 404 South First Avenue ($75,000.00 – available through a grant provided to the City by the American Rescue Plan Act). Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: Corporation Counsel asked that Item 8 and Item 9 be held. HELD FROM THE FLOOR UNTIL FURTHER CLARIFICATION. 9. Declaring imminent danger and requesting urgent demolition of unsafe building located at 119 South First Avenue ($75,000.00 – available through a grant provided to the City by the American Rescue Plan Act). Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: Corporation Counsel asked that Item 8 and Item 9 be held. HELD FROM THE FLOOR UNTIL FURTHER CLARIFICATION. 10. Authorizing the Mayor to renew an agreement with Empress Ambulance Service, LLC (“Empress”) - (term: from November 1, 2022 and shall expire on December 31, 2023). Budget Line A4540.405, Emergency Ambulance Service, in equal monthly installments on the 1st of the month according to the following schedule: • 11/01/2022 – 12/31/2022 – 0% increase – monthly - $41,457.51 – annually - $497,490.00 • 01/01/2023 – 12/31/2023 – 10% increase – monthly - $45,583.25 – annually - $546,999.00 Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: Comptroller Morton noted the City is budgeted for $500,000 for 2023. There is a potential for an overage (approx. $47,000), but the Mayor noted this contract may last for the entirety of 2023. Response: None. Ayes: Comptroller Morton, Councilwoman Copeland and Chair Patterson-Howard Nays: None. 11. Amending Ordinance No. 15 adopted on March 9, 2022, entitled “AN ORDINANCE IN SUPPORT OF THE CITY OF MOUNT VERNON’S GUARANTEED INCOME PILOT PROGRAM, AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING AND AUTHORIZING THE ALLOCATION OF $1.65 [$1.2] MILLION IN AMERICAN RESCUE PLAN ACT (ARPA) FUNDS THROUGH THE DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT (USIO to serve as the disbursement platform for the guaranteed income pilot program). Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: Morton asked for clarification. Page 3 Board of Estimate & Contract December 20, 2022 Response: Chair Patterson-Howard noted the City is changing the disbursement platform from SteadyApp to USIO. It is a swap of one company for another; and there is an amendment to the amount. She noted the $1.2 million is the amount to be distributed to USIO for the disbursements through the income pilot program. Corporation Counsel Johnson explained the bracketed changes. Comptroller Morton noted the accounting code will need to be corrected. Ayes: Comptroller Morton, Councilwoman Copeland and Chair Patterson-Howard Nays: None. 12. Authorizing the Mayor to enter into a service contract with OpportunitySpace (d.b.a. “Tolemi”) to renew service for the Building Blocks Platform ($18,600.00 – Department of Planning and Community Development Contracted Outside Services budget line A8020.405). Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: None. Response: None. Ayes: Comptroller Morton, Councilwoman Copeland and Chair Patterson-Howard Nays: None. 13. Authorizing and directing the Comptroller to make payment to CivicPlus, Inc. (January 1, 2022 – to December 31, 2022, for service app – CMVNYConnect in the amount of $16,800.01). Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: Response: None. Ayes: Comptroller Morton, Councilwoman Copeland and Chair Patterson-Howard Nays: None. 14. Authorizing the Mayor to enter into a Forbearance Agreement between Mount Vernon Urban Renewal Agency (the “MVURA”) and the City of Mount Vernon (the “City”) – (settlement amount of $1,400,811.00). Moved: Comptroller Morton, Seconded by Councilwoman Copeland On the Question: Comptroller Morton noted in his public presentation and written document outlining this needs to be paid. He noted a copy of his letter should be added to this Item for the record. Response: The Chair noted these are expenses incurred prior to 2012. The Comptroller’s financial document in connection with this Item was sent with support from our City auditors. It noted at the close of 2012, 98% of that amount was in the financial records then. The Mayor explained these expenses were carried on the books of the Urban Renewable Agency as a liability and carried on the City’s financial records as a receivable. For the City to move forward a decade later it will enter into this forbearance agreement. Neither Comptroller Morton nor the current Mayor, nor the current Council President had oversight or were party to these transactions in 2012. Upon this Item passing, a copy will need to be certified for the Comptroller to send to the auditors. Ayes: Comptroller Morton, Councilwoman Copeland and Chairwoman, Mayor Patterson- Howard Nays: None. 15. Authorizing the transfer of funds between City Council Expense Accounts ($35,000.00 from expense account A1010.401 “Office Expense” to A 1010.405 “Contracted Outside Services”). Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: None. Response: None. Ayes: Comptroller Morton, Councilwoman Copeland and Chair Patterson-Howard Nays: None. Page 4 Board of Estimate & Contract December 20, 2022 16. Authorizing and directing the Comptroller to make payment(s) in full to Granicus Corporation as follows. Year 1 $27,625.00 Year 2 $38,782.00 Year 3 $38,782.00 TOTAL AMOUNT TO $105,189.00 BE PAID (Funds in the full amount of $105,189.00 are to be paid from expense account A1010.405 “Contracted Outside Services” for the 2022 budget year). Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: Comptroller Morton noted the City Council inquired about this – paying now saves the city money instead of paying year-by-year, in case there is a question about the future annual spending on this item. Response: None. Ayes: Comptroller Morton, Councilwoman Copeland and Chair Patterson-Howard Nays: None. 17. Authorizing the Department of Public Works (“DPW”) to purchase snow equipment – salt spreaders, light bars, and conveyor chains as follows: • Three (3) Salt Spreaders + shipping @ $27,456.00/ea. = $82,868.00 • Three (3) Safety Light Bars @ $1,528/ea. = $ 4,584.06 Total = $86,952.06 (2022FY budget. The Department of Public Works - ARPA - Sanitation and Street Cleaning - A8160.203ARP). Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: The Chair asked if there was money in that line, Assistant Comptroller confirms there is money in the line. Comptroller asked when the salt spreaders were purchased. Commissioner Bush noted there were supply chain issues; they were eventually purchased in the summer. Response: Councilwoman Copeland noted she is opposed to last-minute add-ons. Additionally, the Chief of Staff took responsibility for the lateness of the item. Comptroller Morton asked if there were any expenditures that will impact the remaining 2022 budget for that line, Commissioner Bush confirmed not at this time. Ayes: Comptroller Morton, Councilwoman Copeland and Chairwoman, Mayor Patterson-Howard Nays: None. 18. Amending Ordinance No. 23 adopted on December 14, 2022, entitled “AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A SERVICE CONTRACT WITH THE HUMANE SOCIETY OF WESTCHESTER AT NEW ROCHELLE FOR DOG SHELTER SERVICES.” term of December 15, 2022, through December 31, 2023. The costs for the contract will be apportioned in two amounts: $6,287.67 - the prorated amount for 12/15/22-12/31/2022 (17 days), payable from FY22 A3510.445; and $135,000.00 - the initial annual amount for 1/1/2023-12/31/2023, payable from FY23 A3510.445 (in an annual payment or equally quarterly, whichever frequency the City shall elect.) Moved: Councilmember Copeland, Seconded by Comptroller Morton On the Question: The Chair noted: after 20 years of physical decline of the shelter building and the animals living in less than ideal conditions, the City entered into contract with the Westchester Humane Society for a 1-year contract with an option to renew for a second year. If there are any resources the city can obtain to address the physical structure…even if the City could get the funding today for repairs it would take time to bid for the project. The City is not building housing on the current shelter site. It is a crisis; the City is making a humane decision to transfer our animals. If anyone wants a cat or a dog, please reach out to the Humane Society. These animals are adoptable now. The City is seeking resources to bring the Armory, the Animal Shelter and other resources back online. Response: None. Ayes: Comptroller Morton, Councilwoman Copeland and Chairwoman, Mayor Patterson-Howard Nays: None. Page 5 Board of Estimate & Contract December 20, 2022 REQUEST FOR PROPOSALS (“RFPs”) 19. Granting permission for the Department of Public Works (“DPW”) to submit a Request for Proposals for “Sewer System Rehabilitation – Phase 1.” Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: Comptroller Morton asked if the City will do a request for proposals and where is the money coming from? Response: Commissioner Bush responded funding will come from NY State DEC; The City received an advance in the amount of $5 million. Once the City chooses the contractor we submit the workplan for review. No payment will be issued until the NYS sends the money. The City expressed it has a financial hardship. NYS created a set-aside. The contractor will need to be aware the funding has to come from NY State before we pay. Councilmember Copeland asked if the BOE&C needs to reference that information from NY State in the legislation. It should be documented because at some point someone will seek out. The Chair noted this Item is of no cost to the City; the City will seek permission to put out an RFP. When the City enters into contract, at that time we will ensure all of the information is added into the contract. Comptroller Morton noted the terms of payment will need to be correctly outlined once the City enters into contract. Ayes: Comptroller Morton, Councilwoman Copeland and Chair Patterson-Howard Nays: None. 20. Granting permission for the Department of Public Works (“DPW”) to submit a Request for Proposals for the “City of Mount Vernon Outfall 24 – Sewer System Cleaning and Investigation.” Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: This is the same issue as Item #19. Response: None. Ayes: Comptroller Morton, Councilwoman Copeland and Chair Patterson-Howard Nays: None. 21. Granting permission for the Department of Public Works (“DPW”) to utilize D&B Engineers and Architects for Proposal for Refuse Sustainability Fee Study ($19,688.00 is available through Engineering Office - Contracted Outside Services - A1440.405). Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: None. Response: None. Ayes: Comptroller Morton, Councilwoman Copeland and Chair Patterson-Howard Nays: None. 22. Granting permission to submit Request for Proposals for “Professional Consulting Services” for the Department of Buildings (D.O.B.) Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: Comptroller Morton inquired: What are the professional services? Response: The services include building construction, plan review, ADA and other inspections; these are for large industrial and commercial projects; this will allow us to do what neighboring municipalities do, without overburdening inside staff. Ayes: Comptroller Morton, Councilwoman Copeland and Chair Patterson-Howard Nays: None. SETTLEMENTS 23. Settling the claim of PROGRESSIVE a/s/o SHARMAINE SMITH - $2,500.00 (Budget Code A1910.469). Moved: Councilmember Copeland, Seconded by Comptroller Morton On the Question: None. Page 6 Board of Estimate & Contract December 20, 2022 Response: None. Ayes: Comptroller Morton, Councilwoman Copeland and Chairwoman, Mayor Patterson-Howard Nays: None. 24. Settling the claim of PROGRESSIVE a/s/o JOHANNA JULIAN - $3,900.00 (Budget Code A1910.469). Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: Brief discussion on where the claims are connected to.. Response: None. Ayes: Comptroller Morton, Councilwoman Copeland and Chairwoman, Mayor Patterson-Howard Nays: None. 25. Settling the claim of ALEXIS ENCARNACION - $4,865.71 - (Budget Code A1910.469). Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: None. Response: None. Ayes: Comptroller Morton, Councilwoman Copeland and Chair Patterson-Howard Nays: None. 26. Settling the claim of STATE FARM a/s/o MYRNA-NOBLE HEADAD - $51,000.00 - (Budget Code A1910.469). Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: Comptroller Morton noted there needs to be conversation on Item 26 and Item 27. Response: The Chair noted the City’s purchase of sanitation trucks and street sweepers. This settlement spans back to March 5th 2019. A parked sanitation truck disengaged and the truck rolled into a residential home. The City has since replaced all of the aged trucks. But prior to that the city’s fleet that was not addressed for 2 decades and was in disrepair. In July 2021 we pulled every garbage truck off the streets of the City of Mount Vernon – they were unsafe to drive. Item 26 and Item 27 are connected when this truck. Thank goodness no one was hurt. We are rebuilding the very basic ability of this city government to deliver the most basic services. Police cars garbage trucks, snowplows. Corporation Counsel noted thankfully the ability of Mayor SPH to reach out to Mayor DiBlasio (whose mother was born in Mount Vernon) to get access to additional trucks. Comptroller Morton went on record about the use and the care of all city vehicles, and the need for department heads and operators to understand the importance. There was an infusion of new vehicles during Clinton Young’s tenure. How do we care for the vehicles we have? We spent monies on repairing the vehicles we purchased. The Chair noted that with the sustainability fee we are building capital to purchase. There are no extra trucks we can pull from if one goes out on repair. We use these vehicles around the clock. Additionally, the residents must stop parking on the corners, where these trucks cannot turn appropriately. It is difficult for police, fire and emergency service vehicles to access streets. Ayes: Comptroller Morton, Councilwoman Copeland and Chair Patterson-Howard Nays: None. 27. Settling the claim of PAUL HEADAD and MYRNA-NOBLE HEADAD - $19,000.00 - (Budget Code A1910.469). Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: Clarification on this item by Corporation Counsel. Response: None. Ayes: Comptroller Morton, Councilwoman Copeland and Chair Patterson-Howard Nays: None. Page 7  Board of Estimate & Contract December 20, 2022 TAX REVIEW SETTLEMENTS 28. Settling tax review proceedings – LORRAINE TERRACE CONDOMINIUM 81 Lorraine Terrace, Mount Vernon, NY $94,763.41 Moved: Councilwoman Copeland, Seconded by Comptroller Morton On the Question: Comptroller Morton highlighted this payment. Corp Counsel noted that one of the remaining problems the city encountered during the former Comptroller’s tenure was not paying taxes on time. The courts finally gave a judgment which includes interest and penalties. This one petitioner prevailed and others will look to prevail. The situation is similar to the city not collecting the school taxes, this is related to tax certs. We will be seeing and paying more in interest and penalties. Response: None. Ayes: Comptroller Morton, Councilwoman Copeland and Chairwoman, Mayor Patterson- Howard Nays: None. Comptroller Morton moves to take 29-32 as a group Seconded by Councilwoman Copeland On the Question: None. Response: None. Ayes: Comptroller Morton, Councilwoman Copeland and Chair Patterson-Howard Nays: None. 29. Settling tax review proceedings – FRANK DeLEONARDIS 177 Gramatan Avenue, Mount Vernon, NY $37,748.46 30. Settling tax review proceedings – 208 NORTH FIFTH REALTY, LLC 208 North Fifth Avenue, Mount Vernon, NY $29, 087.94 31. Settling tax review proceedings – 24 SOUTH FOURTH AVENUE CORP. 24 South Fourth Avenue, Mount Vernon, NY $21,210.84 32. Settling tax review proceedings – 145 NORTH FIFTH (5TH) AVENUE, LLC 145 North 5th Avenue, Mount Vernon, NY $4,259.30 Moved: Comptroller Morton, Seconded by Councilwoman Copeland On the Question: Councilwoman Copeland noted with regard to Mr. DeLeonardis, this is where Westchester community college was housed. The rent was raised so high that they had to find another location. Response: None. Ayes: Comptroller Morton, Councilwoman Copeland and Chair Patterson-Howard Nays: None. Councilwoman Copeland noted these tax payments are painful! Some landlords keep properties purposefully vacant. Corporation Counsel noted other communities also have vacant storefronts. The Chair noted there are penalties and fees associated with keeping the storefront vacant. The Chair further noted a shooting on South 9th avenue; there was minimal injury and the perpetrator is in custody. Motion to adjourn by the Chair, seconded by Councilwoman Copeland, ALL AYES .Meeting adjourned at 5:29 PM. Submitted, Donna M. Jackson Deputy City Clerk Page 8