Board of Estimate & Contract

BOARD OF ESTIMATE & CONTRACT MEETING MINUTES TUESDAY, AUGUST 15, 2023, AT 4:00 P.M. MAYOR’S CONFERENCE ROOM – 1ST FLOOR CITY HALL, MOUNT VERNON, NEW YORK & VIA FACEBOOK.COM/MOUNTVERNONNY Call to Order: At 4:06PM by Chairwoman Mayor Shawyn Patterson-Howard Roll Call: Roll Call and reading of agenda items administered by City Clerk Tanesia M. Walters. Board Members Present: Comptroller Darren Morton, City Council President Danielle Browne, and Chairwoman, Mayor Shawyn Patterson-Howard (we have a quorum). Absent: None Others: City Clerk Tanesia Walters; Deputy City Clerk Donna Jackson; Assistant Comptroller Condell Hamilton; Corporation Counsel Brian G. Johnson; Ralston Dickson, Assistant Corporation Counsel; Khush Kam-Au, Legislative Aide; City Engineer Curtis Woods; DPW Administrative Aide Dana Gardner. Constituents: Vincent Farradino RESPONSE TO RFP (4:08pm reading BID FOR: "PERFORMING CITY-WIDE RAT/RODENT ABATEMENT" 9 BidNet downloads, 2 received via BidNet and 2 delivered to DPW RFP Advertised in the Journal News July 17th & 19th, 2023 BID OPENING DATE: August 15, 2023 NAME OF COMPANY BID DEPOSIT BID AMOUNT 1. DBM Pest Control Unable to confirm bid deposit. $344,000.50 2. Scurry - Electronic -------- --------- Corp Counsel read the bid. The bidder sent a variety of cost points (itemized per item service) 3. Marx Exterminating --------- --------- Corp Counsel read the bid. The bidder sent a variety of cost points (itemized per item service) 4. Rat Trap Distribution $168,000 Corp Counsel read the bid. The bidder sent a variety of cost points (itemized per item service)  Board of Estimate & Contract August 15, 2023 BID FOR: "ENGINEERING & ARCHITECTURAL DESIGN CONSULTANT" RFQ Advertised in the Journal News July 17th & 19th, 2023 BID OPENING DATE: To be rescheduled Corporation Counsel noted a discrepancy in the description of Architectural and Design Services. What we will do is send out letters to everyone that the bid is extended. It will be after the ordinance is amended. The ordinance will need to be amended. Comptroller Morton. The scope hasn’t changed, the legislation from Council needs to be amended. (4:23pm) ADMINISTRATION OF THE AGENDA RESOLUTIONS APPROVING ORDINANCES 1. Granting permission for the Department of Public Works to hire two (2) Assistance Assistant City Engineers - (funding for this acquisition is available within the New York State Environmental Facilities Corporation (“EFC”) Grant Funding and is not expected to exceed $250,000). Moved: Council President Browne Seconded by Comptroller Morton On the Question: Comptroller Morton noted typo (Assistance). The RPC should have a sunset. Do we know when that is, and what is the proposed salary? Need Salary, grade and Step Response: Held From the Floor Ayes: None Nays: None 2. Granting permission for the Commissioner and Code Enforcement Officer of the Department of Public Works to take the Certified Associate Project Management (“CAPM”) Online Course -(funding for this online course is available within Budget Code A1440.405 and is not expected to exceed $1,500.00). Moved: Council President Browne Seconded by Comptroller Morton On the Question: None Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None Mayor makes a motion to take Items 3-5 together as they are all travel and training. ALL AYES. 3. Granting permission for Deputy City Clerk Donna M. Jackson to attend the International Association for Public Participation (IAP2) Conference). (Costs associated with this conference not expected to exceed $2,000.00 (travel, meals and accommodation) to be satisfied through Budget Code A1410.402, Travel and A1410.417, Education and Training - 9/13- 9/15/2023). 4. Granting permission for Deputy City Clerk Donna M. Jackson to attend the NYCOM Fall Conference Clerk Training. (Costs associated with this conference are not expected to exceed $2,500.00 and will be satisfied through Budget Code A1410.402, Travel and A1410.417, Education and Training -9/18-9/22/2023). 5. Granting permission for Councilwoman Lisa Copeland to attend the Congressional Black Caucus Annual Legislative Conference in Washington, DC (September 20-24, 2023) – (Funds are available in the Account Code A1010.407, City Council training, and are not expected to exceed $2,100.00). Moved: Council President Browne Seconded by Comptroller Morton On the Question: None Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None Page 2  Board of Estimate & Contract August 15, 2023 6. Granting permission to transfer funds within City Clerk Expense Accounts to pay election costs owed to the Westchester County Board of Elections for the years 2021 and 2021 ($123,623.00 from A1410.101 (Salaries and Wages) to A1450.405 (Outside Contracted Services) and ($4,000.00 from A1410.401 (Office Expense) to A1450.405 (Outside Contracted Services)). Moved: Council President Browne Seconded by Comptroller Morton On the Question: Conversation with Comptroller and Clerk. Date Change made from the floor. Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 7. Granting permission to transfer funds within the Department of Public Works for the newly added position of Assistant Public Works Supervisor ($23,235.84 from A5110.101 (Salaries and Wages – Highway Maintenance and Repair) to A8160.101 (Salaries and Wages - Sanitation). Moved: Council President Browne Seconded by Comptroller Morton On the Question: Comptroller Morton asked if the $23,235.84 is the remaining salary for the rest of the year. Commissioner Bush noted yes. Mayor Patterson Howard noted the amount will likely be half of that. Response: None. Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 8. Granting permission to add an Assistant Public Works Supervisor position within the Department of Public Works. (Funds to add this position are available in Budget Code A8160.101 (current salary $82,196.85, Grade 12, Step 10) to $105,432.69 (Grade 15B, Step 10)). Moved: Council President Browne Seconded by Comptroller Morton On the Question: Comptroller Morton discussed the position, and the step. Is the current position being eliminated? Commissioner Bush confirmed yes. The position they are currently in will be eliminated (Sanitation Foreperson). Response: None. Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 9. Granting permission to reclassify five (5) titles of “Laborers” within the DPW Traffic Bureau to “Skilled Laborers” - (funding for this reclassification is available within the A5110.101 Budget Code due to a current “Skilled Laborer” vacancy, which was allocated at a salary of $70,909.70). Moved: Council President Browne Seconded by Comptroller Morton On the Question: Comptroller Morton asked if this is a reclassification and will the labor position be eliminated in 2024. Commissioner Bush noted yes. He also confirmed these are all the top step. Mayor noted it is money we are already paying in differential. Response: Comptroller noted there are 5 less laborers in 2024. Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None Page 3  Board of Estimate & Contract August 15, 2023 10. Authorizing the Department of Public Works to purchase new Big Belly Smart Cans - (6 “Smart Max / Smart Double Stations” trash units) – (to be purchase with ARPA Funds in the amount of $62,622.00 to be paid over a period of sixty (60) months on a quarterly basis in amount of $3,131.10 upon entering into a lease agreement. Moved: Council President Browne Seconded by Comptroller Morton On the Question: Mayor noted that this should be in one payment and a lump sum payment using ARPA Funds. Council President Browne asked if this is in the legislation. Response: HELD FROM THE FLOOR. Ayes: None Nays: None 11. Granting permission for the Mayor to enter a Memorandum of Understanding (“MOU”) between the City of Mount Vernon and ABM Industries (for assessment of energy performance). This preliminary assessment is of no cost to the city. Moved: Council President Browne Seconded by Comptroller Morton On the Question: None Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 12. Granting permission for the Mayor to enter into a Consent Decree with the United States Department of Justice (“DOJ”), United States Environmental Protection Agency (“EPA”) and New York State Department of Environmental Conservation (“NYSDEC”) and transfer funds to pay a civil penalty within the Department of Public Works. (Transfer in the amount of $100,000.00 from A8120.405 (Sanitary and Stormwater Sewers: Outside Contracted Services ($146,039.00 available) to A1930.494 (Judgments and Settlements). Moved: Council President Browne Seconded by Comptroller Morton On the Question: Comptroller asked how this is different from a few years back when the city was required to establish an escrow account for the DOJ. Are these two different kinds of fines? Mayor asked Commissioner Bush if there were fines left in the account Response: Commissioner Bush noted there are two types of fines – remedial and sewer work. This is a settlement agreement to the DOJ. Mayor noted this is something we have bene trying to settle for the past two years. We have worked with DOJ, and State Environmental agencies. Our fines are up to $130,000,000. The state took away their fines, but we could not get rid of the entire fine. This is far less than what we owed. We can go back and see if the DOJ will release us from the remaining $200,000. Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 13. Granting permission to amend the Mount Vernon City Code: “Article IX – The Department of Public Works; §105-B – Abatement of Nuisance.” Moved: Council President Browne Seconded by Comptroller Morton On the Question: None Response: none Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None Page 4  Board of Estimate & Contract August 15, 2023 14. Granting permission to transfer funds within the Department of Recreation ($50,000.00 from A7020.101 (Full Time Salaries) to H7140.203 C892 (Capital Project Playground Equipment – Improvement to Playground). Moved: Council President Browne Seconded by Comptroller Morton On the Question: CP Browne noted issues with transfers from salary lines. Response: This is done at my direction. Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 15. Granting permission for the Department of Recreation to cosponsor the first (1st) Annual Skate Boogie Roll Bounce Adult Skate Party Event (Friday, August 25, 2023, rain date: Saturday, August 26, 2023) from 5:00 p.m. to 9:00 p.m. at Hartley Park. Funds for this event are not expected to exceed $2,000.00 and are available in Budget Code A7310.104 (Part Time Salaries). Moved: Council President Browne Seconded by Comptroller Morton On the Question: Comptroller asked if this is a co-sponsorship. Counsel confirmed yes. Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 16. Granting permission to set prices for special events and field rental at the Stadium at Memorial Field – (funds will be deposited into Revenue Code A2001.21, Memorial Field Revenue). Moved: Council President Browne Seconded by Comptroller Morton On the Question: None Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 17. Granting permission for the Mayor to enter into a Inter-Municipal Agreement with Westchester County Youth Bureau in the amount of $16,147.00 commencing July 1, 2023 through September 30, 2023. Funds for this program to be accounted for in Revenue Code A2229.8 for appropriations in Budget Code A7312.101 (Youth Employment) and A7312.803 (FICA). There is no matching obligation for this grant. Moved: Council President Browne Seconded by Comptroller Morton On the Question: None Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 18. Granting permission to the Department of Recreation to cosponsor the Big Block Party along with Buttafly and the Youth Bureau partnering along them as well as street closure of 4th Avenue (between 2nd and 3rd Streets) – Saturday, September 2, 2023, from 1:00 p.m. to 5:00 p.m. at 148 South Fourth Avenue, Mount Vernon, NY). Moved: Council President Browne Seconded by Comptroller Morton On the Question: None Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None Page 5  Board of Estimate & Contract August 15, 2023 Mayor asked if we can take agenda items out of the order presented to relieve Commissioner Bush. 30, 31, 33, 34. The BOE&C members agreed. 19. Granting permission to amend Ordinance No. 7 adopted by the City Council on June 14, 2023, entitled “AN ORDINANCE REQUESTING PERMISSION FOR THE DEPARTMENT OF RECREATION TO CO-SPONSOR WITH THE HENRY ALLEN AND THE BUDDY WHITE PROJECT FOR THE BACK-TO-SCHOOL BACKPACK EVENT” – (Saturday, August 12, 2023, from 11:00 a.m. to 7:00 p.m. at the Doles Center, primarily, but also include 4th Street Park, between 7th and 8th Avenues). (The cost for this event is not expected to exceed $3,000.00 and is available in Budget Code A7620.458, Other Expense, to be used for minimal staff of four to six (4-6) to monitor said event). Moved: Council President Browne Seconded by Comptroller Morton On the Question: Comptroller noted this is after the event. Mayor noted it was passed in June ahead of the event, and amended in August. They gave away over 1,000 bookbags and school supplies. Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 20. Granting permission to hire six (6) firefighters for the upcoming September 2023 Class (estimated to cost approximately $236,478.00 available in Budget Line A3410.101, Salaries and Wages). Moved: Council President Browne Seconded by Comptroller Morton On the Question: Comptroller noted there was some inquiry from the Council. We did double check for available funding and calculations. 6 positions are vacant, potentially 7, and 3 supervisory positions are vacant, and retirements. This should all balance itself out for the new year. Response: CP Browne, are we allowed to talk about the list? Mayor noted we are hiring off the expired list – we asked for an extension from NY State, and I challenged that. COVID happened, the city and state have not been able to offer a test. We are getting bombarded with tests due to COVID. We have 187 Mt Vernon residents still on the list. The County list is not an option because that would set a precedent. Since the 1980’s we have been under a DOJ consent decree with the Vulcans. So to go to the county list to hire would violate the consent decree. So if we hire off this list they are provisional, and would have to pass the test. Discussion on timing of tests and establishment of lists, and the academies, and agility exams. The March 2020 fire academy was cancelled due to COVID, the August 2020 fire academy only had half the number due to social distancing. Mayor further discussed staffing issues. Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 21. Authorizing the Mayor to renew its annual service agreement with Alpine Software Corporation Inc. - (July 1, 2023, through June 30, 2024, in the amount of $10,112.66 to originate from Expenditure Code A3410.454, Fire alarm Bureau, FY23 Budget). Moved: Council President Browne Seconded by Comptroller Morton On the Question: None Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None Page 6  Board of Estimate & Contract August 15, 2023 22. Authorizing the Mayor to enter into an agreement with the Mount Vernon Neighborhood Health Center - (in the amount of $48,000.00 originating from Expenditure Code A3410.446, Expense for Personal Injury, FY23 Budget). Moved: Council President Browne Seconded by Comptroller Morton On the Question: Comptroller asked what this is. Response: Mayor noted partnership with neighborhood health center to issue exams. We may not use all funds allocated. Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 23. Granting permission to purchase the PETZL Personal Escape System – (Fire Department. ($6,520.34 originating from Expenditure Code A3410.203, Equipment) FY23 Budget. Moved: Council President Browne Seconded by Comptroller Morton On the Question: CP Browne noted this did not need to come to BOE&C because it is under the threshhold Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 24. Granting permission to host CMVNY Restaurant Week Summer 2023 (August 27th through September 10, 2023. There is no cost to the city for this event, except the cost for patrol by the Mount Vernon Police Department not expected to exceed $5,000.00, and payment will be made from the Mount Vernon Industrial Development Agency’s Budget Code A2229.3 - Police Department (Other). Moved: Council President Browne Seconded by Comptroller Morton On the Question: Response: Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 25. Granting permission for the Mayor to sign a Mobile App authorization letter with Civic Plus, LLC and its subsidiary SeeClickFix, Inc. (There are no additional costs associated with its execution). Moved: Council President Browne Seconded by Comptroller Morton On the Question: None Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 26. Granting permission for designated on-street parking to accommodate holiday shopping at 30 Warren Place (along the property line). (November 1, 2023, through December 30, 2023 – Monday through Friday from 9:00 a.m. to 8:30 p.m. and Saturday and Sunday from 8:30 a.m. to 8:30 p.m.). Moved: Council President Browne Seconded by Comptroller Morton On the Question: None Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Page 7  Board of Estimate & Contract August 15, 2023 Nays: None 27. Authorizing the Mayor to execute an application for a correction for the tax years 2018 and 2019 for city, county and school tax bills and directing the Comptroller to issue a refund/credit to AT&T Mobility-Tower Asset Property, 153 Fifth Avenue, South (Block 165.78-3088.1 due to a correction of error) - $124,647.14. Moved: Council President Browne Seconded by Comptroller Morton On the Question: Comptroller noted we only issue the City’s portion, not county or school tax. Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 28. Authorizing the Mayor to enter into contract with the Government Finance Officers Association (“GFOA”) – (Funding for this initiative of $125,000.00, payable in two (2) installments, each in the amount of $62,500.00. Upon delivery of (1) Asset maps for the City, and (2) Putting Assets to Work Playbook, will be made available through Budget Code A1364.466, Expense on Property Acquired for Taxes). Moved: Council President Browne Seconded by Comptroller Morton On the Question: none Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 29. Authorizing the Mayor to amend the Lease Agreement between the City of Mount Vernon and Macquesten Station Takeover LLP at 156 South West Street, Mount Vernon, New York. (Modified two percent (2%) annual increase, as necessary. (Funding for the annual base rent of $114,000.00 ($11,000.00 per month, effective December 1, 2023, as follows: $9,500.00 for rent and an additional $1,500.00 per month for utilities. Funds are available in Budget Code A3410.468, Temporary Station 4 Rent and Maintenance). Moved: Council President Browne Seconded by Comptroller Morton On the Question: Mayor discussed utility costs, and 2% increase per annum. If we find a solution, we can break the contract before it sunsets. Response: Comptroller noted with all of the construction on the west side of Mount Vernon the city will need to look at possibly building a new fire house in that area. Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 30. Granting permission to reclassify three (3) Sewer Maintainer Assistants as “Laborers” within the Department of Public Works - (annual salary of $46,584.22 and funding for this reclassification is available within the A8120.101, Sanitary & Storm Sewers). Moved: Council President Browne Seconded by Comptroller Morton On the Question: Mayor noted this is a savings in each of these positions. Comptroller asked how this is savings. Commissioner Bush noted this is less $2-3,000. Response: Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 31. Authorizing the Mayor to amend Ordinance No. 6 adopted by the City Council on August 10, 2022, entitled “AN ORDINANCE AUTHORIZING THE MAYOR TO Page 8  Board of Estimate & Contract August 15, 2023 AMEND THE ORIGINAL ARCADIS OF NEW YORK, INC. AGREEMENT,” FOR AN ADDITIONAL $1,000,000. Moved: Council President Browne Seconded by Comptroller Morton On the Question: Mayor noted funding is available through 7 different funds. Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 32. Granting permission to amend Chapter 128, Filming, to increase all permit fees, restrict street closures during the school commencement and dismissal, add special filming fees for students, and increase fines and penalties. Moved: Council President Browne Seconded by Comptroller Morton On the Question: Comptroller asked how we arrived at the new prices. Clerk Walters noted the review of other municipalities. Comptroller asked about public notice around film events? Clerk Walters noted a 72 hour notice, and discussed alternative parking. Response: Mayor asked if we can ask these film companies to credit Mount Vernon. Clerk Walters noted she will follow up. Comptroller further asked about notifying public about changes to City Code that might affect them (codes and fees, etc.). Mayor noted we will send items out with other bills, etc. The Nuisance and Abatement will be something we need to send out with water bills or tax bills. Mayor noted if properties are dirty or out of code, citizens will receive a violation and cleanup costs will be added to the tax bills. Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 33. Granting permission to amend Chapter 227 of the Code of the City of Mount Vernon entitled “Streets and Sidewalks – Part 1. Construction: Sewer Connections, Drains and Water Mains; Obstructions – Article III. Street Openings § 227-18. Fees.” Moved: Council President Browne Seconded by Comptroller Morton On the Question: None Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 34. Granting permission to amend Chapter 227 of the Code of the City of Mount Vernon entitled “Streets and Sidewalks – Part 1. Construction: Sewer Connections, Drains and Water Mains; Obstructions – Article III. Street Openings § 227-21 A Bonds and Insurance for Public Service Corporations.” Moved: Council President Browne Seconded by Comptroller Morton On the Question: None Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None Page 9  Board of Estimate & Contract August 15, 2023 35. Granting permission for the Comptroller to issue a Request for Proposal (“RFP”) for banking institutions to serve as underwriters of short-term debt. Moved: Council President Browne Seconded by Comptroller Morton On the Question: Comptroller Morton noted we are exploring options to get capital to assist with priority items and capital projects. We have to do this in the midst of not having a bond rating. Discussion of city financing ensued. This request is to put out an RFP for services. Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None 36. Granting permission to defund and fund multiple positions within the Department of Recreation. Moved: Council President Browne Seconded by Comptroller Morton On the Question: None Response: Comptroller noted this was an item he asked to be held until he could confirm funding, etc. Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None SALARY RESOLUTION AMENDMENTS (Department of Recreation - Held Items from June 14, 2023 Meeting) COUNCIL PRESIDENT BROWNE MOVE TO TAKE 37-43 AS A BLOCK VOTE, MORTON SECONDS. ROLL CALL. ALL AYES 37. MINIMUM / MAXIMUM – Classified – CSEA. 38. ALL POSITIONS – CITY / CSEA – (amending the salary of the Positions in the Department of Recreation). 39. ALL POSITIONS – CITY / CSEA (amending the salary of the positions: Park Maintenance Worker and Cleaner - Department of Recreation). 40. ALL POSITIONS – CITY / CSEA (amending the salary of the positions: Memorial Field Director - Department of Recreation. SALARY RESOLUTION AMENDMENTS (Department of Public Works) 41. MINIMUM / MAXIMUM – Classified – CSEA. 42. ALL POSITIONS – CITY / CSEA – (amending the salary of the Positions in the Department of Public Works). 43. ALL POSITIONS – CITY / CSEA (amending the salary of the positions: Sewer Maintainer Assistant, Skilled Laborer – Police, - Department of Public Works). Moved: Council President Browne Seconded by Comptroller Morton On the Question: None Response: Comptroller discussed held items. Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None Page 10 Board of Estimate & Contract August 15, 2023 SETTLEMENTS Settling the claim of: Item No. Claimant’s Name Budget Code Amount 44. LEVISTER TOWERS (outstanding Funds will be applied to GL $416,331.37 water arrears totaling $706,860.97 - Account Code 001-000-113001, $12,000.00 per month to be paid until Accounts Receivables Water paid in full) District #1 Moved: Council President Browne Seconded by Comptroller Morton On the Question: Counsel Johnson noted that in line with the City’s aggressive campaign to get monies owed to us, we had several meetings with Comptroller and Water Department. They were able to pay a significant amount to us. CP Brown noted the $416,331.37 is what is owed to the city. They made a 30% lump sum payment. Response: Comptroller Morton discussed payments Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson-Howard. Nays: None Motion to take 45 – 48 as a group. ALL AYES 45. FERRANDINO & ASSOCIATES A1930.494 (Judgments & $35,000.00 settlements-2023 Budget) 46. BLANCA MORALES A1930.494 $25,000.00 (Insurance Claims - 2023 Budget) 47. CHRISTINE CERVASIO A1910.469 $3,295.69 (Insurance Claims - 2023 Budget) 48. DAVID GARDNER A1910.469 $3,200.00 (Insurance Claims - 2023 Budget) Moved: Council President Browne Seconded by Comptroller Morton On the Question: Comptroller noted the Blanca Morales is a 2016 Claim. Counsel Johnson noted that because every other person got out on Motion, but because of the upheaval in the City we were unable to close this issue. Mayor noted frustration with old items. Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson-Howard. Nays: None Page 11  Board of Estimate & Contract August 15, 2023 RETAINER(S) Retaining the Anthony J. Odorisi, Esq. 49. As outside counsel representing the City in litigation matters as well as serving as an overall consultant to the Law Department. (Municipal rate of $250.00 per hour - funds are available in Budget Code A1420-405 (Outside Contracted Services) Law Department’s 2023 Budget. Moved: Council President Browne Seconded by Comptroller Morton On the Question: CP Browne asked about this item, Counsel Johnson noted this is a short- term stop gap. Comptroller noted we need to discuss legal matters. Response: None Ayes: Comptroller Morton, Council President Browne and Chairwoman, Mayor Patterson- Howard. Nays: None The agenda was concluded at 6:01PM. Chairwoman Patterson-Howard asked if there was new business: Comptroller noted we make sure it is public – we are entering into budget season. We know that the Chief of Staff and Assistant Comptroller have been working diligently to get departments what they need. It is important that department heads take a look at their budgets and be lean on the operations side. The BOE&C will discuss benefits costs. We need to watch revenues and where they are and where they should be going forward. We are transitioning to OpenGov for the process. Every position is attached to a person in the budget. And helps us account for the control items. The goal is to have this budget in on time, in early December. Council President Browne asked about training on OpenGov. Comptroller confirmed there will be training. Assistant Comptroller Condell Hamilton noted creating training videos. The Mayor noted that we need to come to a resolution around contracts. CSEA, Teamsters, 456 and Firefighters Local 107 have been without contracts since 2017. She discussed the court judgements for the Fire Department. Discussion ensued on city finances and fiscal condition. We have not changed the salaries of elected officials in the past 20 years. We (Comptroller and Mayor) have examined different scenarios and presented those to the union. Comptroller note absence of the Fund balance and the years extended is why we are in this situation, along with compounding interest. Council President Browne asked about ARPA budgeting and its availability. Comptroller noted in 2024 the additional challenge will be the lack of ARPA funds to assist. Mayor asked for a motion to adjourn at 6:20PM. Council President Browne moved to adjourn, Comptroller Morton Seconded. Roll Call: ALL AYES. There being no further business, the meeting was adjourned at 6:20 pm. Donna M. Jackson, M.Ed., Deputy City Clerk Entered August 15, 2023 Page 12