AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
Committee of the Whole 7:30 P.M.
Stated Meeting 8:00 P.M.
City Council Chambers
PRESENT: PRESIDENT OF THE COUNCIL
CHUCK LESNICK
DISTRICT
2 MAJORITY SANDY ANNABI
4 MINORITY LEADER LIAM J. McLAUGHLIN
COUNCIL MEMBERS:
DISTRICT:
1 PATRICIA D. McDOW
3 JOAN GRONOWSKI
5 JOHN M. MURTAGH
6 DEE BARBATO
Recitation of the Pledge of Allegiance to the Flag followed by a moment of
silence to invoke God’s guidance and Blessing upon our deliberations.
Minutes of the stated meeting held on November 12, 2008 and special meeting’s
held on November 5, 2008 and November 18, 2008 approved on motion of
Majority Leader Sandy Annabi.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
2
INDEX
ITEM DESCRIPTION PAGE
1. S.O. – SALE OF QUALIFIED ZONE ACADEMY 5
BONDS ($14,164,000)
2. RES – GRANT AUTHORIZATION – PARKS DEPT 6
(REC TRAILS PROGRAM) FOR ($240,000)
COY MATCHING GRANT (40,000)
3. RES – SETTLEMENT – ROSARIO ($1,500.00) 7
4. RES – SETTLEMENT – SPAUN ($1,509.00) 8
5. RES – SETTLEMENT – TORRES ($2,159.15) 9
6. RES – COMMISSIONER OF DEEDS 10
7. RES - HUMAN RIGHTS – CONNIE FOWLER 11
8. RES – HUMAN RIGHTS CHAIR – CONNIE FOWLER 15
9. RES – HUMAN RIGHTS – GENE PELFREY 12
10. RES – HUMAN RIGHTS – BRUNILDA FERNANDEZ 13
11. RES – HUMAN RIGHTS – DAVID CHU 14
12. RES – HUMAN RIGHTS – MICHAEL SABATINO 16
13. RES – HUMAN RIGHTS – JUDY RAGIN-FRASER 17
14. RES – HUMAN RIGHTS - CHARLES HOLODAK 18
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
3
COMMUNICATIONS
FROM THE VILLAGE OF BRONXVILLE PLANNING BOARD; A NOTICE OF
PUBLIC HEARING TO BE HELD AT 200 PONDFIELD ROAD, BRONXVILLE
N.Y. ON DECEMBER 10, 2008 AT 7:30PM REGARDING; AN APPLICATION
FOR DEVELOPMENT FILED BY THE MIDLAND GARDENS OWNERS, INC.
COPIES ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
4
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
5
SPECIAL ORDINANCE
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
AN ORDINANCE OF THE CITY OF YONKERS, NEW YORK, ADOPTED
NOVEMBER 25, 2008 DETERMINING THE $14,164,000 QUALIFIED
ZONE ACADEMY BONDS – 2008-C TERMS, FORM AND DETAILS OF
ISSUANCE OF THE CITY, DIRECTING THEIR PRIVATE SALE, AND
PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS
AND OTHER OBLIGATIONS OF THE CITY.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
6
RESOLUTION
2. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the Commissioner of the Department of Parks,
Recreation and Conservation of the City of Yonkers has requested
authorization to apply for a $240,000 grant from the 2008 “Safetea -Lu
Grant” Recreational Trails Program, of which $40,000 must be matched by
the City of Yonkers, which would be included in next years CIP budget,
the remainder of the grant being funded by the New York State Office of
Parks, Recreation and Historic Preservation, the intent of the grant is to
reopen and restore the Estate Carriage Trail at Untermeyer Park; and
WHEREAS, the Commissioner of Parks, Recreation and
Conservation of the City of Yonkers is hereby authorized to execute such
application for such grant;
NOW, THEREFORE BE IT RESOLVED, that the Commissioner of
Parks, Recreation and Conservation of the City of Yonkers is hereby
authorized to execute the application in order to obtain the funds available
under the grant; and be it further;
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
7
RESOLUTION
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
ONE THOUSAND FIVE HUNDRED and 00/100 DOLLARS ($1,500.00) of
the action entitled, "JENNIFER ROSARIO, residing at 73 Lockwood
Avenue, Yonkers, New York 10701, plaintiff, against THE CITY OF
YONKERS, Defendant", for property damage arising out of an incident in
which it is alleged that a Fire Department vehicle, struck plaintiff’s vehicle
which was parked and unoccupied on Lockwood Avenue near Gordon
Street in the City of Yonkers on the 8th day of June, 2008, be and the
same hereby is approved and the Comptroller of the City of Yonkers is
directed to draw his warrant in the amount of ONE THOUSAND FIVE
HUNDRED and 00/100 DOLLARS ($1,500.00) in favor of said plaintiff.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
8
RESOLUTION
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
ONE THOUSAND FIVE HUNDRED NINE and 15/100 DOLLARS
($1,509.15) of the action entitled, "STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY A/S/O JOYCE SPAUN, residing at 40
Amackassin Terrace, Yonkers, New York 10703, plaintiff, against THE
CITY OF YONKERS, Defendant", for property damage arising out of an
incident in which it is alleged that a Department of Public Works sanitation
truck owned by the City of Yonkers and operated by Michael Comiskey
struck plaintiff’s vehicle on Voss Avenue in the City of Yonkers on the 15th
day of November, 2005, be and the same hereby is approved and the
Comptroller of the City of Yonkers is directed to draw his warrant in the
amount of ONE THOUSAND FIVE HUNDRED NINE and 15/100
DOLLARS ($1,509.15) in favor of said plaintiff and their attorneys, Serpe,
Andree & Kaufman, Esqs.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
9
RESOLUTION
5. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLVED, by the City Council of The City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
TWO THOUSAND ONE HUNDRED FIFTY-NINE AND 94/100
($2,159.94), of the action entitled STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY as subrogee of ERIC A. TORRES (residing at
33 Fairfield Place, Yonkers, NY 10705) Plaintiff, against the City of
Yonkers, Defendant, for property damage arising out of an incident
wherein it is alleged that on February 29, 2008, a vehicle owned by the
City of Yonkers and operated by Solange Reyes, a City of Yonkers
employee assigned to the Office of the Aging, struck its subrogor's vehicle
at Hawthorne Street near its intersection with Downing Street in the City of
Yonkers, be and the same hereby is approved and the Comptroller of the
City of Yonkers is directed to draw his warrant in the amount of TWO
THOUSAND ONE HUNDRED FIFTY-NINE AND 94/100 ($2,159.94) in
favor of said plaintiff and Stuart D. Markowitz, P.C., as attorney.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
10
RESOLUTION
6. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
BE IT RESOLVED, that the following applicant(s) are hereby
appointed and/or reappointed to the office of Commissioner of Deeds for a
period of two years to expire on December 31, 2010.
Maria George
12 Horatio Street
Yonkers, New York 10701
City Of Yonkers RENEWAL
Mary Ann Bottone
63 Smart Avenue
Yonkers, New York 10704
City of Yonkers RENEWAL
Joan O’Gorman
43 Pine Street
Yonkers, New York 10701
Yonkers Board of Ed RENEWAL
Mercedes Guina
538 Riverdale Avenue
Yonkers, New York 10705
Law Firm RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
11
RESOLUTION
7. BY COUNCILMEMBER McDOW, COUNCIL PRESIDENT LESNICK
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS, GRONOWSKI, MURTAGH AND BARBATO:
BE IT HEREBY RESOLVED, that the appointment of Constance
Walker-Fowler of 560 Warburton Avenue, Yonkers, New York 10701, to
the Human Rights Commission of the City of Yonkers whose term expired
May 26, 2008 is hereby extended for three years to expire on May 26,
2011.
FURTHER RESOLVED, that the City Clerk is directed to forward a
copy of this resolution to the Human Rights Office.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
12
RESOLUTION
8. BY COUNCILMEMBER McDOW, COUNCIL PRESIDENT LESNICK
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS, GRONOWSKI, MURTAGH AND BARBATO
BE IT HEREBY RESOLVED, that the City Council of Yonkers
nominates Connie Fowler (560 Warburton Avenue, Yonkers, New York
10701) as Chair of the Yonkers Human Rights Commission, replacing
Barbara Shealy, as of January 1, 2008.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
13
RESOLUTION
9. BY COUNCILMEMBER McDOW, COUNCIL PRESIDENT LESNICK
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS, GRONOWSKI, MURTAGH AND BARBATO
BE IT HEREBY RESOLVED that the appointment of Gene Pelfrey
of 231 Parkview Avenue, Bronxville (Yonkers), New York 10708, to the
Human Rights Commission of the City of Yonkers is hereby extended by
the Yonkers City Council. This appointment will take effect immediately
and is scheduled to expire on May 26, 2011.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
14
RESOLUTION
10. BY COUNCILMEMBER McDOW, COUNCIL PRESIDENT LESNICK
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS, GRONOWSKI, MURTAGH AND BARBATO
BE IT HEREBY RESOLVED, that the City Council of Yonkers
hereby reappoints BRUNILDA FERNANDEZ (1085 Warburton Avenue,
Yonkers, New York 10701), whose term expired May 26, 2008, to the
Human Rights Commission of Yonkers for a term of three years until May
26, 2011.
FURTHER RESOLVED, that the City Clerk is directed to forward a
copy of this legislation to the Human Rights Office.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
15
RESOLUTION
11. BY COUNCILMEMBER McDOW, COUNCIL PRESIDENT LESNICK
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS, GRONOWSKI, MURTAGH AND BARBATO
BE IT HEREBY RESOLVED, that the appointment of David Chu 1
Pier Pointe Street, Yonkers, NY 10701, to the Human Rights Commission
of the City of Yonkers replacing Rev. Roy Cole whose term expired May
26, 2008 is hereby confirmed by the Yonkers City Council. This
appointment will take effect immediately and is scheduled to expire on
May 26, 2011.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
16
RESOLUTION
12. BY COUNCILMEMBER McDOW, COUNCIL PRESIDENT LESNICK
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS, GRONOWSKI, MURTAGH AND BARBATO
BE IT HEREBY RESOLVED, that the appointment of Michael
Sabatino, 10 Belmont Pl Yonkers, NY 10701, to the Human Rights
Commission of the City of Yonkers replacing John Albert Rivera whose
term expired May 26, 2008, is hereby confirmed by the Yonkers City
Council. This appointment will take effect immediately and is scheduled to
expire on May 26, 2011.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
17
RESOLUTION
13. BY COUNCILMEMBER McDOW, COUNCIL PRESIDENT LESNICK
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS, GRONOWSKI, MURTAGH AND BARBATO
BE IT HEREBY RESOLVED, that the appointment of Judy Ragin-
Fraser, 47 Point Street, Yonkers, NY 10701, to the Human Rights
Commission of the City of Yonkers replacing Barbara Shealy whose term
is set to expire March 14, 2009, is hereby confirmed by the Yonkers City
Council. This appointment will take effect immediately, is scheduled to
complete said term and extend until November 25, 2011.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
18
RESOLUTION
14. BY COUNCILMEMBER McDOW, COUNCIL PRESIDENT LESNICK
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS, GRONOWSKI, MURTAGH AND BARBATO
BE IT HEREBY RESOLVED, that the appointment of Charles
Holodak, 47 Point Street, Yonkers, NY 10701, to the Human Rights
Commission of the City of Yonkers replacing Lucille Ruth whose term is
set to expire May 26, 2010, is hereby confirmed by the Yonkers City
Council. This appointment will take effect immediately and is scheduled to
complete the remainder of said term.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 25, 2008
19
COMMITTEE REPORTS
