City Council

CITY COUNCIL MEETING MINUTES WEDNESDAY, FEBRUARY 8, 2023 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, FEBRUARY 8, 2023 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 President Pro Tempore, Danielle Browne, Esq. Acting Mayor, Lisa A. Copeland, Cathlin Gleason and Edward Poteat ABSENT: None PRESIDING: Derrick Thompson, President Pro Tempore 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 Pro Tempore Derrick Thompson called the meeting to order at 7:08pm. Councilman Thompson provided general house-keeping rules, including encouraging citizens to share the meeting on social media and what to do “in case of emergency”. Council President Pro Tempore Thompson explained that Council President Browne is acting Mayor asked Councilwoman Gleason to lead the council in the Pledge of Allegiance. He then explained the Public Speaking procedures. PUBLIC PRESENTATION NONE PUBLIC COMMENT 1. Ann Mitchell, Mount Vernon, NY (ON ZOOM): Ms. Mitchell discussed the potential of opening a Bingo Hall. She inquired about City Codes and mentioned she has interested investors. 2. Patricia Richards, Mount Vernon, NY (ONLINE): Ms. Richards discussed an experience regarding the City’s DPW department. She implored that there be positive and professional communication between city workers and the citizens. She mentioned city communications regarding the Bridge on South Fulton. She believes that Memorial Field should have stipulations on who is allowed to use it and would like it restricted to just Mount Vernon residents; her rationale is: If the field becomes damaged it will be replaced by the citizens/taxpayers of Mount Vernon. 3. Cynthia Crenshaw, Mount Vernon, NY: Ms. Crenshaw discussed her concerns regarding the $11.7 Million dollar issue of school taxes in Mount Vernon. She further discussed foreclosures. City Council Meeting Agenda February 8, 2022 She inquired about the possibility of the Mount Vernon City School District and City Hall leadership meeting “with open books to see what is going on.” She expressed concerns about school staff layoffs. 4. Elias Gootzeit, Mount Vernon, NY: Mr. Gootzeit inquired, in homage to Black History Month, about legislation on signage and street art in connection to “Black Lives Matter”, Street signage for “Nina Simone Way” and the establishment of a Civilian Complaint Review Board. He noted conversation regarding the Civilian Complaint Review Board and charter revisions. If the City changes the Charter, the Police Benevolent Association (PBA) will sue the city – if the City changes the charter language, it will be required to follow the Taylor Law. He suggested conducting a hearing about it so the community can voice what it wants to do. He noted that in Rochester, their CCRB was overturned due to the Taylor Law. 5. Geoff Munroe, Mount Vernon, NY: – regarding a “Local law that was passed 2 weeks ago” (Mr. Munroe was initially not present for the public session; he arrived late and requested an opportunity to address the Council members. The Honorable Body granted the request). Mr. Munroe’s criticism is about the prohibition of videotaping in City Hall. He wants to disclose he is speaking as a private person not as a member of the Cable Advisory Committee. He called the Local Law an opaque effort to disallow public input and dissent. He further noted he is disappointed that the Council body allowed this to be established. He wants corporation counsel to talk about why this document is necessary. 6. Brenda Miles, Mount Vernon, NY: Ms. Miles addressed the Council body regarding “the School District” and the city owes the school district 11 million dollars. As a result, some school employees are subject to being laid off while city employees allegedly received raises. Secondly, there is filming going on – where does that money go? Where does the tax revenue from Best Buy and Target go? IT is time for the city to come together. The school and the city council and the mayor need to come together and sit down. We are all on the same team. We are 4-square for life. RESPONSES Councilwoman Gleason asked President Thompson to allow Comptroller Morton to address the honorable body. Comptroller Morton noted that the Council body received his correspondence regarding the current issues. He noted it is important for the residents to understand how this process works. In answering questions around working together, the Comptroller noted: he began working with the school district and their lawyers immediately upon his hire to conduct reconciliations. We arrived at the amount of $11.7 million dollars. The small difference that arose from this reconciliation was negligible. In terms of process: The tax collector receives a warrant from the school district. The school district levied taxes for the 2017-2018 year. The school district sent tax bills, and taxpayers have two ways to pay: via a lump sum or two payments. According to real estate law, the tax collector must put together a list of warrants, the amounts collected, and amounts outstanding and that is to be given to the school board, the school board trustees in turn sign off and send that to the city officials. The city then enforces tax payments for 2 years. Under normal circumstances, 2017 warrant established, 2018 that warrant expires. In 2018 Deborah Reynolds is supposed to collect taxes, and then COVID happened. In March of 2020, COVID was in full swing and there were no foreclosure proceedings. The City could not enforce foreclosures for 2020, 2021, 2022. Beginning in 2022 the courts began to resume hearing cases. So, the City was unfortunately unable to collect taxes. The timeframe matches up with the timeframe the city would NOT be able to foreclose. These are UNCOLLECTED TAXES – not missing, stolen, or reallocated. It is $11.7 million dollars in the timeframe of 2017, 2018, 2019, 2020. What has the City and Comptroller’s office begun to do? We have begun foreclosure proceedings on 1200 parcels that are in arrears for school, city, and county taxes. There is also an allegation that there is a separate $6 million due from the city to the school district. The school district is the tax collector for 2020-2021, 2021-2022. The school district is supposed to provide the city with a list of taxpayers who have not paid their school taxes. As of this date the city has not received this certified list. The City does not know who owes the school taxes. Page 2 City Council Meeting Agenda February 8, 2022 I, as Comptroller, offered at the school board meeting 2 weeks ago, strategies on how we can come together and move forward. Those are the facts around taxes that are due to the school district. Acting Council President Thompson asked if councilmembers had questions. Councilwoman Gleason inquired about the District’s tax collection and if there have been ongoing conversations with the district. The Comptroller noted Ken Silver’s first correspondence received was in November 2022, and the Comptroller responded to that correspondence that it needed to be certified. Councilwoman Gleason asked for further clarification on “certified”. Comptroller Morton explained that according to real estate property tax law, the moment the warrant expires is at the conclusion of the final installment. School districts installments are July and January. For the district it would have been 2021 and 2022 respectively, the City must receive from the tax collector and the district business office, the original warrant, anything collected and anything outstanding. The school board and the clerk must affirm it is true and accurate. Once the district does that it is certified. The district must do that to ensure there are no discrepancies afterwards. Councilwoman Gleason asked if prior to comptroller Reynolds, if Comptroller Walker followed a protocol and procedure for school taxes. Comptroller Morton noted that prior to the school district taking over the comptroller was also the school tax collector. Normally Comptroller Maureen Walker would issue the tax warrant to the school board. Afterwards the Comptroller’s office would move forward with enforcement. Chief of Staff Kristen Reed gave kudos for the competent city staff. She asked that the constituent who had the negative experience with a city department contact her directly. The Council Body responded to constituent’s concerns. REFERRAL SESSION Roll Call administered by City Clerk Tanesia M. Walters at 8:18pm. Browne (Acting mayor), Copeland, Gleason, Poteat, Thompson all present. We have a quorum. 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 AMENDMENT 1. An ordinance amending Ordinance No. 3 adopted on December 8, 2021, entitled "AN ORDINANCE AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS TO PURCHASE SIX (6) SMALL ALL-WEATHER TRUCKS WITH PLOWS AND SANDERS." ($792,162.76 - [Budget Code A9900.101 (American Rescue Program Act), Department of Public Works 2021 Budget) 2022FY American Rescue Plan Act - City Owned Property Capital Projects COWD & Operational Compliance (H1620.203 C930). Moved by Copeland, Seconded by Poteat On the Question: None. Response: None. Ayes: Acting Mayor Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None Page 3 City Council Meeting Agenda February 8, 2022 AMENDMENT 2. An ordinance amending Ordinance No. 3 adopted on January 11, 2023, entitled "AN ORDINANCE REQUESTING PERMISSION TO TRANSFER FUNDS WITHIN THE DEPARTMENT OF MANAGEMENT SERVICES TO FACILITATE PAYMENT TO A+ TECHNOLOGY & SECURITY SOLUTIONS" ($52,990.92 - from [Budget Code A1680.405, Outside Contracted Services] to Budget Code A1680.203, Equipment. Moved by Copeland, Seconded by Poteat On the Question: None. Response: None. Ayes: Acting Mayor Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None PERMISSION 3. An ordinance requesting permission for the City Clerk and two staff members to receive training at the Connecticut Passport Regional Facility (February 16, 2023. $300.00 from Budget Code A1410.402, Travel Expense). HUMAN RESOURCES PERMISSION 4. An Ordinance requesting permission to sponsor the Summer Breeze concerts and/or Special Events by the Department of Recreation and to accept monetary donations and hang banners. Donations will be deposited into Revenue Code A2705.2, Sponsorships-recreation special events to account code A7620.457, Recreation Features and other expense. Funds for these events will be charged to Budget Code A7620.457, Adult Education-Recreation Fea hires and other expenses, and will not exceed $30,000.00 allocated budget plus revenue received. Summer Breeze Concerts Series and/or special events will be Tuesdays between the hours of 6:00 p.m. and 9:00 p.m., (rain date will be the following Thursday same place/same time) commencing Wednesday, July 5, 2023, and ending Monday, September 18, 2023 will be held at: City Hall Plaza, Fourth Avenue (between 2nd and 3rd Streets, Jamaican Independence Day); Stevens Avenue (between North 5th and Gramatan Avenues, Brazilian Day); Gramatan Avenue (between Broad Street and Center Streets); Hartley Park, Brush Park and Hutchinson Field. Special events days will vary between Saturday and Sunday between the hours of 8:00 a.m. and 11:00 p.m. (such times will vary according to event)), Moved by Poteat , Seconded by Gleason On the Question: None. Response: None. Ayes: All Ayes Nays: None Page 4 City Council Meeting Agenda February 8, 2022 execute 5. An Ordinance requesting permission for the Mayor to enter into a Service Agreement with the Westchester County Youth Bureau and the Board of Legislators - ($175,454.00 to support the following programs: Safe Haven Summer & Afterschool, STEAM, Youth Empowerment Employment, and Step Up. Anticipated service agreements commence January 1, 2023, through December 31, 2023, and is based upon the Mount Vemon Youth Bureau continuance of contract compliance, appropriation of funds to the Youth Bureau, and execution of the service agreement. Funds are to be accounted for in Revenue Code A2229.8 and with appropriations in the following budget codes: Safe Haven: A7326.104 (Salaries), A7326.803 (Fringe Benefits) and A7326.458 (Contractors, Consumables, Stipends, Program Supplies, Travel, & Trips). Youth Empowerment Employment: A7319.101 (Salaries) & A7319.803 (Fringe Benefits) and A7319.458 (Stipends). Step-Up: A7336.101(Salaries) A7336.803 (Fringe Benefits) and A7336.458 (Contractors, Consumables, Stipends, Program Supplies, Trips & Travel)). Moved by Poteat, Seconded by Gleason On the Question: None. Response: None. Ayes: Acting Mayor Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None PUBLIC SAFETY AND CODES LEAVE OF ABSENCE 6. An ordinance requesting permission to grant a twelve (12) month leave of absence for the Department of Building's Clerk, Tiffany Daugett - (effective January 23, 2023, to January 22, 2024). Moved by Gleason, Seconded by Copeland On the Question: None. Response: None. Ayes: Acting Mayor Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None PERMISSION 7. An Ordinance requesting retroactive permission for five (5) Members of Service to attend the Deposition Drafting and Juvenile Delinquency Training - (Office of the Westchester County Department of Probation, 111 Dr. Martin Luther King Blvd., White Plains, New York on January 26, 2023. There is no cost for this course only reimbursement for travel expenses, meals, incidentals, and miscellaneous expenses is further authorized upon presentment of receipts / Dept. of Public Safety). Moved by Gleason, Seconded by Copeland On the Question: None. Response: None. Ayes: Acting Mayor Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None PERMISSION 8. An Ordinance requesting retroactive permission for four (4) Members of Service to attend the Page 5 City Council Meeting Agenda February 8, 2022 Operational Medicine for Law Enforcement Training - (Center for Disaster Medicine, 7 Dana Road, Valhalla, New York on February l" and 2"d, 2023. There is no cost for this course only reimbursement for travel expenses, meals, incidentals, and miscellaneous expenses is further authorized upon presentment of receipts / Dept. of Public Safety). Moved by Gleason, Seconded by Copeland On the Question: None. Response: None. Ayes: Acting Mayor Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None PERMISSION 9. An Ordinance requesting permission for five (5) firefighters to attend a two (2) day Ice Water Rescue Training (Montour Falls, NY on February 11th and 12", 2023 - total cost of $650.00 available in Budget Line A3410.451, Training in Fire Departments 2023 Budget). Moved by Gleason, Seconded by Copeland On the Question: Copeland is curious about Ice Water Training? Response: Thompson noted that it is exactly what is means – water rescue is crucial training. Ayes: Acting Mayor Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None PERMISSION 10. An Ordinance requesting permission for the Fire Mechanic to attend a two (2) day Fire Mechanic Training (Virginia Beach Fire Training Center on February 20" and 21"', 2023 - total cost of $1,200.00 available in Budget Line A3410.451, Training Fire Department's 2023 Budget). Moved by Gleason, Seconded by Copeland On the Question: None. Response: None. Ayes: Acting Mayor Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None PERMISSION 11 An Ordinance requesting permission for one (1) Member of Service to attend the Gun Game Training (Street Cop Headquarters, 50 Millstone Road, Yorktown, NY on February 27, 2023 - total cost of $249.00 available in Budget Line A3120.451, Training - Department of Public Safety's 2023 Budget). Moved by Gleason, Seconded by Copeland On the Question: None. Response: None. Ayes: Acting Mayor Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None PERMISSION 12 An Ordinance requesting permission for the Municipal Code Enforcement Officials to attend the required Page 6 City Council Meeting Agenda February 8, 2022 New York Building Officials Conference ("NYSBOC") - (Westchester County Center on February 8" & 9'h and March 8" & 9", 2023. Cost not expected to exceed $3,200.00 for fourteen (14) Code Enforcement Officials to attend and will include fuel, tolls, meals, and can be accounted for in Budget Line A3620.451, Training, Department of Building's 2023 Budget). Moved by Gleason, Seconded by Copeland On the Question: Gleason noted this is actually a retroactive permission; Will there be staff here onsite in case something happens? Response: Chief Reed noted yes there will be oversight. Ayes: Acting Mayor Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None PERMISSION 13 An Ordinance requesting permission for two (2) Members of Service to attend the Reality-Based Training Instructor Course (State Preparedness Training Center, Oriskany, NY from March 13" - 17", 2023. There is no cost for this course only reimbursement for travel expenses, meals, incidentals, and miscellaneous expenses is further authorized upon presentment of receipts / Dept. of Public Safety). Moved by Gleason, Seconded by Copeland On the Question: None. Response: None. Ayes: Acting Mayor Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None PERMISSION 14 An Ordinance requesting permission for two (2) Members of Service to attend the Property / Evidence Room Training (Westchester County Police Academy, 2 Dana Road, Valhalla, NY - March 29" - March 301h, 2023. There is no cost for this course only reimbursement for travel expenses, meals, incidentals, and miscellaneous expenses is further authorized upon presentment of receipts / Dept. of Public Safety). Moved by Gleason, Seconded by Copeland On the Question: None. Response: None. Ayes: Acting Mayor Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None PERMISSION 15 An Ordinance requesting permission for four (4) Members of Service to attend the Tacops NYTOA Training Conference (Street Cop Headquarters, 50 Millstone Road, Yorktown, NY – April 24" - April 28", 2023. Total cost of $3,700.00 available in Budget Line A3120.451, Training - Department of Public Safety's 2023 Budget). Moved by Gleason, Seconded by Copeland On the Question: None. Response: None. Page 7 City Council Meeting Agenda February 8, 2022 Ayes: Acting Mayor Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None PERMISSION 16 An Ordinance requesting permission for one (1) Member of Service to attend the Identifying Criminal Vehicle and Occupants Training (Yorktown Stage, 268 Veterans Road, Yorktown, NY - September 7, 2023. Total cost of $225.00 available in Budget Line A3120.45 1, Training - Department of Public Safety's 2023 Budget). Moved by Gleason, Seconded by Copeland On the Question: None. Response: None. Ayes: Acting Mayor (change all to just councilwoman) Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None EXECUTE 17 An Ordinance requesting permission for the Mayor to renew an agreement with CI Technologies / IA Pro (contract period commencing February 1, 2023 - January 31, 2024. The cost of renewal is $2,208. 16 available in the Department of Public Safety's 2023 Budget Line A3120.449, Investigations and Trials). Moved by Gleason, Seconded by Copeland On the Question: None. Response: None. Ayes: Acting Mayor Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None EXECUTE 18 An Ordinance requesting permission for the Mayor to renew an agreement with Interaction Insight Corporation ("NxCh" Main Silver Plan commencing April 1, 2023 - March 30, 2024. The cost of renewal is $7,383.00 available in the Department of Public Safety's 2023 Budget Line A3120.416, Technology Upgrades (Leases)). Moved by Gleason, Seconded by Copeland On the Question: None. Response: None. Ayes: Acting Mayor Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None AMENDMENT 19 An Ordinance amending the vehicle and traffic regulations for commercial vehicles in Chapter 256, Sections II and 23 of the Code of the City of Mount Vernon. Moved by Gleason, Seconded by Copeland On the Question: None. Response: None. Ayes: Acting Mayor Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None Page 8 City Council Meeting Agenda February 8, 2022 FINANCE AND PLANNING EXECUTE 20 An Ordinance requesting permission for the Mayor to extend a Service Contract with Dr. Larry Spruill for the National Park Service African American Civil Rights Study (The contract will be extended to cover the period October 1, 2022, to September 30, 2023. The grant requires the expenditure of City finds from the Department of Planning & Community Development (Budget Code A8020.405- Outside Services, including Comprehensive Plan), and comes at no cost to the City with submission for reimbursement of Dr. Spruill's consulting fees from the African American Civil Rights Grant) Consulting fees will be capped at the awarded amount of $50,000.00 and solely funded by the U.S. Department of the Interior's National Park Service. Dr. Spruill will not be paid an hourly salary and will instead be compensated in increments of ($25,000.00, $15,000.00, $10,000.00). Moved by Poteat, Seconded by Gleason On the Question: None. Response: None. Ayes: Acting Mayor Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None PERMISSION 21 An ordinance requesting permission for the Comptroller and two (2) staff members to attend the 2023 New York State Government Finance Officers Association ("GFOA") Conference (Albany, New York from March 29 - March 31, 2023 / $4,200.00 to be charged to the following Budget Codes: A1315.402 - Travel Expenses for travel and lodging, and A1325.417 - Education and Training for conference registration). Moved by Poteat, Seconded by Gleason On the Question: None. Response: None. Ayes: Acting Mayor Browne, Copeland, Gleason, President Pro Tempore Thompson Nays: None The Agenda was concluded at 8:38 pm. FURTHER BUSINESS: Motion to adjourn by Gleason, second by Copeland, Roll call on Adjournment all ayes. 8:38PM meeting adjourned. Submitted Deputy Clerk Jackson 02/08/2023 Page 9