City Council

CITY COUNCIL MEETING MINUTES WEDNESDAY, DECEMBER 14, 2022 7:00 P.M. CITY COUNCIL CHAMBERS – ROOM 206 CITY HALL, MOUNT VERNON, NEW YORK & VIA FACEBOOK.COM/MOUNTVERNONNY A REGULAR MEETING OF THE CITY OF THE MOUNT VERNON CITY COUNCIL HELD ON WEDNESDAY, December 14, 2022 Scheduled for 7:00 pm in the City Council Chambers, City Hall, Mount Vernon, New York. *** Due to the ongoing pandemic, this meeting was held in the council chambers, with virtual participation via ZOOM and CMVNY Facebook. The meeting was not closed to the public, however, the maximum number of in-person occupants was limited *** PRESENT: Derrick Thompson, Danielle Browne, Esq., Lisa A. Copeland, Cathlin Gleason and Edward Poteat ABSENT: None PRESIDING: Derrick Thompson, President OTHERS: Tanesia M. Walters, City Clerk; Donna M. Jackson, Deputy City Clerk; Brian G. Johnson, Corporation Counsel, Alyssa Gillespie, Assistant Corporation Counsel CALL TO ORDER / PLEDGE OF ALLEGIANCE Council President Derrick Thompson called the meeting to order at 7:10pm. Thompson reiterated there was public noticed twice for public hearing. He provided general house- keeping rules, including encouraging citizens to share the meeting on social media and what to do “in case of emergency”. Councilmembers led the Pledge of Allegiance. PUBLIC COMMENT 1 Jose Quezada not present 2 Will Allen present “Is the owner of New Line Taxi and he is the 117 East 4th Street owner of the Bangers football team and Mount Vernon, NY wants to discuss use of Memorial Field. Mr. Allen noted the gypsy cab population is affecting the taxi business. He has contacted the police. He is requesting the Council turning a section of 3rd street into a taxi stand. Taxicab owners would welcome the study of the average earning of the meters and remit the loss to the city. Additionally, the Mount Vernon Bangers is a full contact football league (brought two young gentlemen with him to the council meeting). Spoke about the impact of the Bangers football program and discussed “civic pride.” He wants to talk about bringing the team to Memorial Field. City Council Meeting Agenda December 14, 2022 3 Marlene Wertheim present “General Comments” 100 Sycamore Avenue Mount Vernon, NY Some may remember Ronald Reagan’s comments “there you go again…” She discussed public meetings. She noted the 505 Gramatan avenue project coming back up. Spoke against the building. One side faces a main thoroughfare, the other impacts a residential area. She inquired whether this 505 variance was denied from the last time it was brought before the council, and requested the council deny variances, and rezoning. 4. Geoff Munroe present “Comprehensive Plan” 140 Elm Avenue Mount Vernon, NY Mr. Munroe attended initially to speak on the comprehensive plan, but wanted to inject gratitude to Councilwoman Gleason and others for helping complete the Cable Television Advisory Board. He noted he will bring Batavia’s public access plan as a template Mount Vernon can consider. He would like to see a proactive plan in defense of public service. Secondly speaking to the comprehensive plan, he wishes to reiterate support and assistance as being ready to bring support to cover the geographical spread of Mount Vernon to elicit feedback from the community. 5. Ruby Olisemeka not present “Comprehensive Plan” 6. Lynne Smith present “The Humane Society of Westchester and 78 Parkway East the 78 Parkway East Contract” Mount Vernon, NY Ms. Smith is speaking for the Friends of the Animal Shelter group. They want to know the status of the animal shelter. She spoke about purchasing supplies, and gave a history of their funding of the shelter. Alleged that more than $20,000 was spent by their group on the dogs, over $90k on top of what the city spent to assist the animals. There are more than 50 animals in the shelter currently, they need stimulation and socialization. The Friends group would like to help by asking their network to adopt some animals. They have questions about the warden position, and how will they help with animals dropped off to the shelter, alleging many people will not drive to New Rochelle. Chief Reed responds to the group and Council: The city has joined other municipalities that have contracts with the Humane Society. It is in line with the promotion of consolidating services, and reducing cost without reducing quality of services. We have partners on the state and local level that are aware of the condition of the Mount Vernon shelter. We extend thanks and gratefulness to the Friends of the Shelter. A meeting is scheduled tomorrow regarding current animals and future animal control. Regarding the positions, we do not discuss personnel status. We have discussed in detail how the friends can remain involved. We welcome and look forward to that discussion tomorrow. 7. Brian Johnson Present “Law Department Matters” One Roosevelt Square Mount Vernon, NY Counsel Johnson gave updates regarding revenue. He noted the City is working on resetting the infrastructure to capture revenue and judgments in city court. His office met today with the staff of the city courts; the courts have streamlined their judgment process which will help the City capture revenue much quicker, and get them filed with the county. His office is working on all of the revenues due and owed to the city, and expects to receive a substantial check from an entity that has outstanding payments. Regarding unsafe and dangerous buildings, the law department reimplemented a system to manage them. The City can provide regular oversight and we are moving to recapture revenue. Councilwoman Copeland asked for updates on Kela Tennis and Mega Beverage: Counsel Johnson replied that the Kela issue is postponed to March 2023 and this gives the city an opportunity to engage in a motion to have the case dismissed, or to do something to mitigate or reduce the number of claims going to trial. Regarding Mega Beverage, the city entered their appeal papers and we may have an opportunity to reply. 4. Dr. Darren Morton, Comptroller present “Finance Matters” One Roosevelt Square Mount Vernon, NY Comptroller Morton spoke to the animal shelter matter, stating the City want our furry citizens to be in better conditions. He spoke affirmatively about the meeting tomorrow and reiterated ensuring resources are there to make sure the animals are cared for. Comptroller Morton discussed the behind-the-scenes work of his office, and the forbearance agreement. Page 2 City Council Meeting Agenda December 14, 2022 Firstly, In-Rem: the Comptroller’s Office completed appraisals of all city-owned properties except for two. He is working with Counsel’s office. He noted the city has a legal obligation to get fair market value. Next steps will be with Real Estate committee to move that process forward. The City is looking at properties that qualify for in-rem. We have a little over 1200 that will come onto that list. The base taxes owed by residents is $25 million dollars. The majority of that is from 2015-2021. Because of COVID, processes were delayed. In the first quarter of 2023 The City will work with homeowners and call them in for payment plans, and also work with the Council to come up with incentives and programs, waiving interest… He thanked Deputy Clerk Jackson for the research she provided. Regarding the Urban Renewal Agency and the forbearance agreement: A letter from the Executive Director requested that. On October 5th we received a call from auditors – the City cannot complete its audit in a way that will be favorable to the city if we do not address this long- standing bad debt. This debt reflects advances to URA dating back to 2012. They recognize the URA has no cash flow to pay it back, therefore we need to talk about writing it off. The Comptroller expressed concern. He spoke with the Mayor and corporation counsel and reached out to external lawyers to get ideas. The decision was made to do a forbearance agreement that says should URA come into any funds, the city reserves the right to recuperate the monies. The Comptroller gave a handout to council and clerk. He will write a formal document that will be public and attachable to the request and referral letter. RESPONSES • Councilwoman Copeland – Responded and agreed with Mr. Allen regarding the taxi stand, and referred his to speak with Recreation staff member Ric Wright regarding Memorial Field. She responded to Ms. Wertheim, regarding the 505 Gramatan building and their request for an overlay zone. The property was identified as a space years ago as a senior floating zone. Councilwoman Copeland acknowledged Mr. Munroe, Ms. Smith, and all of the animal shelter volunteers. She wished everyone Happy Holidays, Happy Kwanza and Hanukah. • Councilman Poteat – He expressed gratitude to everyone sharing issues. He inquired about the process to set up a taxi stand. Councilwoman Copeland responded the Police Department makes it a Taxi Stand. Councilman Poteat noted he has worked with the MV Bangers for 18 months and witnessed the transformation of the youth. He responded to Ms. Wertheim, noting the City needs senior housing but this is an issue about variances and rich developers, and we shouldn’t do it before the completion of the comprehensive plan. We need a study around the site so developers and the city can understand the issues. To Geoff Munroe regarding the comprehensive plan, public outreach is crucial, and we mean it when we say we want to reach every corner. • Councilwoman Gleason – She thanked Coach Allen, noting him as an example of what is good in this community. She asked him for information about making that area a taxi stand. Regarding the animal shelter – it breaks her heart to see the condition, but everyone has put great effort in. She personally will not let any animals go astray, noting her disappointment that we have to close the shelter, but we do not have the capacity to maintain the building in the current condition. • Councilwoman Browne – thanked the animal shelter supporters. She thanked Coach Allen for his work with youth, noting she is a product of athletics. Without her coaches and teammates, she isn’t sure where she would be. She stated she and Councilwoman Gleason have a meeting with MVPD and see what can be done for the taxi. Ms. Wertheim, Councilman Poteat addressed it, but she noted just because developers come before the council doesn’t mean development is in the works. She expressed the need for the comprehensive plan. To Geoff Munroe she expressed excitement that the Council is almost at a full complement for cable advisory and encouraged him to attend a district leader meeting to utilize the district leaders in the city. • Councilman Thompson – Council President Thompson agreed with everything said by the councilmembers. He loves animals and hopes we find a resolve for them. Talked of adopting two new pets. He addressed Mr. Munroe noting the city is seeking a permanent location for the public cable entity. He asked Mr. Allen to leave his info with the city clerk. • Clerk Walters addressed Mr. Allen. Asked for his information so he can join the taxi commission. Next meeting is in January. Gleason asked for a 5-minute recess. At 8:21pm the Council paused for a break. The session continued at 8:30 pm. REFERRAL SESSION Roll Call administered by City Clerk Tanesia M. Walters at 8:42PM. All present. Page 3 City Council Meeting Agenda December 14, 2022 REPORTS OF STANDING COMMITTEES AND ACTION THEREON To the Council: The LEGISLATION AND PUBLIC WORKS Committee recommends for ADOPTION the following entitled legislation: LEGISLATION AND PUBLIC WORKS PERMISSION 1. An ordinance requesting permission for the removal and prohibition of elected officials name and likeness from all promotional and information signage on City-owned property. Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None PERMISSION 2. An ordinance requesting permission for the City Council to adopt the “remote work policy” as the City’s official policy. Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None RFP 3. An ordinance requesting permission for the Department of Public Works (“DPW”) to submit a Request for Proposals for “Sewer System Rehabilitation – Phase 1.” Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None RFP 4. An ordinance requesting 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.” Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None PERMISSION 5. An ordinance requesting 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). Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None Page 4 City Council Meeting Agenda December 14, 2022 PERMISSION 6. An ordinance requesting permission to update and modify the grade specifications for two positions within the Department of Public Works (Budget Code A8160.101). Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None RESOLUTION 7. A resolution appointing Jonathan Michael Davis as a member of the Cable Advisory Committee. Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Poteat, Copeland Nays: None ABSTAIN - GLEASON Absent: None NYCOM WINTER 8. An ordinance requesting permission for five (5) LEGISLATIVE Councilmembers and the City or Deputy City Clerk MEETING to attend the NYCOM Winter Legislative Meeting from February 5th – 7th, 2023 (accounts: A1010.402, “Travel Expense” and A1410.402, “Travel Expense”). Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None NATIONAL LEAGUE 9. An ordinance requesting permission for three (3) OF CITIES 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”). Item changed from the Floor. Councilwoman Browne moved to amend Ordinance #9 from 3 councilmembers to 4 councilmembers, so Councilman Poteat can attend. And amend the expense amount from $6k to 8k. Councilwoman Gleason second. Thompson restated the ordinance. Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None a. Re-reading of amended ordinance with changes by Councilwoman Browne and seconded by Councilwoman Gleason Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None TRANSFER 10. An ordinance requesting permission to transfer OF FUNDS 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). Page 5 City Council Meeting Agenda December 14, 2022 1. Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None AMENDMENT 11. An ordinance amending Ordinance No. 3, adopted December 23, 2020, entitled “AN ORDINANCE AMENDING SECTION 252, OF THE CODE OF THE CITY OF MOUNT VERNON ENTITLED “TREES”). Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None DECLARATION 12. An ordinance declaring April 28, 2023, as Arbor Day in the City of Mount Vernon, NY. Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None LOCAL LAW 13. Local Law No. 6 of 2022 – amending the statutory meeting time in Article V: City Council, Section 33 of the Code of the City of Mount Vernon. Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None HUMAN RESOURCES EXECUTE 14. An ordinance authorizing the Mayor to enter into an DOCUMENTS Agreement with Rugby United New York LLC (“RUNY”) (for the use of Memorial Field for the period February 1, 2023 to July 31, 2023 and can extend to July 1, 2024 – funds to be deposited in Revenue Code A2410 and appropriated in budget code A7021.104 and A7021.458). Councilman Poteat noted we could have struck a better deal on the Rugby contract. Councilwoman Browne asked if we were able to amend the sponsorship language. Counsel Johnson responded that he was asked to focus on naming rights. Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Copeland Nays: POTEAT Absent: None EXECUTE 15. An ordinance authorizing the Mayor to enter into DOCUMENTS an agreement with Tyler Technologies, Inc. (in an amount not to exceed $900.00 to originate from A6510.401 – Veterans Service: Office Expense). Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Page 6 City Council Meeting Agenda December 14, 2022 Nays: None Absent: None RESOLUTION 16. A resolution of the City Council of the City of Mount Vernon, New York recognizing the Masjid Yusuf Shah - Yusuf Shah Islamic Center of Mount Vernon, NY. Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None TRANSFER 17. An ordinance requesting permission to transfer OF FUNDS 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”). Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None RESOLUTION 18. A resolution of the City Council of the City of Mount Vernon, New York supporting the expansion of the United States Supreme Court. Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None PUBLIC SAFETY AND CODES RFP 19. An ordinance requesting permission to submit Request for Proposals for “Professional Consulting Services for the Department of Buildings (“D.O.B.)” Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None IMMINENT DANGER 20. An Ordinance 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). Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None Page 7 City Council Meeting Agenda December 14, 2022 IMMINENT DANGER 21. An ordinance 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). Councilwoman Copeland notes she passed both unsafe houses’ they are on the same block (Items 20 and 21) they are in need of demolition. Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None CONTRACT 22. An ordinance authorizing the Mayor to renew an RENEWAL agreement with Empress Ambulance Service, LLC (“Empress”) - (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 Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None 23. An ordinance authorizing the Mayor to enter into EXECUTE a service contract with the Humane Society of DOCUMENTS Westchester at New Rochelle for Dog Shelter Services (commencing January 1, 2023 through December 31, 2023 - $135,000.00 originating from A3510.445). Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None -AUTHORIZATION 24. An ordinance requesting authorization to begin the process of establishing a City of Mount Vernon Parking Violations Bureau. Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat Nays: COPELAND Absent: None Page 8 City Council Meeting Agenda December 14, 2022 FINANCE AND PLANNING AMENDMENT 25. An Ordinance 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). Councilman Poteat asked for clarification on the bracketed language. Clerk Walters explained it is how changes are noted. Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None SERVICE 26. An ordinance authorizing the Mayor to enter into a CONTRACT 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). Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None AUTHORIZATION 27. An ordinance authorizing and directing the TO MAKE PAYMENT 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). Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None SETTLEMENT 28. An ordinance 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). Passed by the following vote: Ayes: President Thompson, councilmembers Browne, Gleason, Poteat, Copeland Nays: None Absent: None The Agenda was concluded at 9:11 pm. Page 9 City Council Meeting Agenda December 14, 2022 FURTHER BUSINESS: Councilwoman Copeland voiced concerns regarding Item 24. She was going to abstain but went with a “no” vote. Additionally, she implored us to hear the Comptroller’s message and noted the posthumous Hall of Fame induction for Judge Edwards. Councilwoman Browne noted Corporation Counsel’s message on ways to bring financial relief. She further noted a board appointment by the Superintendent of Schools to engage youth. If residents are interested in participating, her email is DBrowne@cmvny.com, or call the office 914-508-8090. The school district and city hall want to move in the same direction. Councilman Thompson noted we should ask our young people what they want to see for Mount Vernon’s future. They will not be afraid to tell you. Councilman Thompson spoke of Councilwoman Copeland’s recent loss of her cousin and uncle, and asked that we keep the Richardson family in prayer. He further highlighted the passing of Deacon Henry Grant passed away, and the unfortunate loss of noted DJ Twitch. Roll call on adjournment at 9:19 pm Meeting adjourned after moment of silence Submitted, Donna M. Jackson Deputy Clerk Page 10