AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 9, 2008
Committee of the Whole 7:30 P.M.
Stated Meeting 8:00 P.M.
City Council Chambers
TIME:
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 minute of silence
to invoke God’s guidance and Blessing upon our deliberations.
Minutes of the stated meeting held on November 12, 2008 approved on motion of
Majority Leader Sandy Annabi.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 9, 2008
2
INDEX
ITEM DESCRIPTION PAGE
1. SO – LONG HOUSE CONNECTION 5
(6 CLOVER PLACE)
2. RES – SETTLEMENT BOSTWICK (10,000.00) 6
3. RES – AUTHORIZING FUNDING FEDERAL AID 7/8
AND STATE MARCHISELLI PROGRAM
4. RES – ESTABLISHMENT OF THE NUMBER OF 9
COMMISSIONERS OF DEEDS
5. RES - COMMISSIONERS OF DEEDS 10
6. RES – REQUESTING THE IRS TO SUSPEND THE 11/13
REQUIRED MINIMUM DISTRIBUTIONS FROM
401K ACCOUNTS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 9, 2008
3
COMMUNICATIONS
FROM THE TOWN BOARD OF THE TOWN OF GREENBURGH: A NOTICE OF
A PUBLIC HEARING TO BE HELD AT GREENBURGH TOWN HALL, 177
HILLSIDE AVENUE, GREENBURGH, NEW YORK, 10607 ON WEDNESDAY,
DECEMBER 10, 2008 AT 8:30PM TO CONSIDER A LOCAL LAW ENTITLED “A
LOCAL LAW AMENDING THE SUPPLEMENTARY MULTI FAMILY HOUSING
REGULATIONS AND ADDING A NEW TERM AND DEFINITION TO THE
ZONING ORDINANCE OF THE TOWN OF GREENBURGH.
COPIES ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 9, 2008
4
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 9, 2008
5
SPECIAL ORDINANCE
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
AN ORDINANCE AUTHORIZING AND PERMITTING THE PROPERTY
OF 6 CLOVER PLACE. BLOCK 3385 LOT (S) 16 TO MAKE A LONG
HOUSE CONNECTION TO THE CITY'S SANITARY SYSTEM IN
GLADSTONE PLACE. (NO EXPENSE TO THE CITY OF YONKERS).
The City of Yonkers, in City Council convened, hereby ordains and
enacts:
Section 1. Permission is hereby granted to the property owner of 6
CLOVER PLACE., Block 3385 Lot(s) 16 to make a long house sanitary
sewer connection from said lot to a city sanitary sewer in GLADSTONE
PLACE. at his own cost and expense and in accordance with the plan
submitted by THOMAS HAYNES RA.#13761 dated JULY 8, 2008 filed in
the Plumbing Division, subject to the conditions of a Plumbing Permit to
be secured from the Plumbing Division and a street opening permit to be
secured from the City Engineer.
Section 2. This permission is granted under the following terms and
conditions, to wit:
The granting of this permission shall, in no way, free or release the
said owner, or his successors, from the payment of any assessments or
benefits accruing to said lot by reason of the construction of any sanitary
sewer already built, or that hereafter shall be built, to serve the area
within which the lot herein referred to is located.
The cost of construction, maintenance and repairs of said long house
connection shall be the responsibility of the owner of the building served
by the long house connection.
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 9, 2008
6
RESOLUTION
2. 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
TEN THOUSAND DOLLARS ($10,000.00) of the case entitled MARY and
TINA BOSTWICK, plaintiffs, v. CITY OF YONKERS, defendant; court
index number respectively 07 Civ. 0540; for violations of civil rights
allegedly sustained by plaintiffs in the course of an arrest by City of
Yonkers police officers on October 25, 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 TEN THOUSAND DOLLARS ($10,000.00) in
favor of said plaintiffs and their attorney, Emdin and Russell, LLP, payable
to: Emdin and Russell, LLP., attorneys for Mary and Tina Bostwick.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 9, 2008
7
RESOLUTION
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLUTION AUTHORIZING THE IMPLEMENTATION AND FUNDING
IN THE FIRST INSTANCE 100 % OF THE FEDERAL AID AND STATE
“MARCHISELLI” PROGRAM AID ELIGIBLE COSTS, OF A
TRANSPORTATION FEDERAL AID PROJECT, AND APPROACHING
FUNDS THEREFORE
WHEREAS, a Project for the Ashburton Avenue Widening:
Warburton Avenue to Yonkers Avenue, PIN 8760.32 (the “Project”) is
eligible for funding under Title 23 U.S. Code, as amended, that calls for
the apportionment of the costs such program to be borne at the ratio of
80% Federal funds and 20% non-federal funds; and
WHEREAS, the City of Yonkers desires to advance the Project by
making a commitment of 100% of the non-federal share of the costs of
preliminary engineering and right-of-way incidental work.
NOW, THEREFORE, the Yonkers City Council, duly convened,
does hereby
RESOLVED, that the Yonkers City Council hereby approves the
above-subject project; and is hereby further
RESOLVED, that the Yonkers City Council hereby authorizes the
City of Yonkers to pay in the first instance 100% of the federal and nonfederal
share of the cost of preliminary engineering and right-of-way
incidental work for the Project or portions thereof; and it is further
RESOLVED, that the sum of $2,759,00.00 is hereby appropriated
and made available to cover the cost of participation in the above phase of
the Project; and it is further
RESOLVED, that in the event the full federal and non-federal share
costs of the project exceeds the amount appropriated above, the Yonkers
City Council shall convene as soon as possible to appropriate said excess
amount immediately upon the notification by the Mayor thereof, and it is
further
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 9, 2008
8
RESOLUTION (CONTINUED)
RESOLVED, that the Mayor and the City of Yonkers be and is
hereby authorized to execute all necessary Agreements, certifications or
reimbursement requests for Federal Aid and/or applicable Marchiselli Aid
on behalf of the City of Yonkers with the New York State Department of
Transportation in connection with the advancement or approval of the
Project and providing for the administration of the Project and the
municipality’s first instance funding of project costs and all Project costs
within appropriations therefore that are not so eligible, and it is further
RESOLVED, that a certified copy of this resolution be filed with the
New York State Commissioner of Transportation by attaching it to any
necessary Agreements in connection with the Project, and it is further
RESOLVED, this Resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 9, 2008
9
RESOLUTION
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YONKERS IN
ACCORDANCE WITH SECTION 139 OF THE EXECUTIVE LAW
CONCERNING THE ESTABLISHMENT OF THE NUMBER OF
COMMISSIONERS OF DEEDS.
WHEREAS, Chapter 123 of the Code of the City of Yonkers fixes
the maximum number of Commissioners of Deeds that may be appointed
as seven hundred (700) and
WHEREAS, Section 139 of the Executive Law requires the City
Council to bi-annually determine the number of Commissioners of Deeds
to be appointed, now, therefore, be it
RESOLVED, THAT THE City Council of the City of Yonkers hereby
fixes and determines the number of Commissioners of Deeds in the City of
Yonkers as seven hundred (700), and such number is so fixed and
determined as of January 1, 2009 and be it further
RESOLVED, that this Resolution shall take effect as of January 1,
2009.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 9, 2008
10
RESOLUTION
5. 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.
Agnes Dale Serpa
198 Palisade Avenue
Yonkers, New York 10703
City Of Yonkers RENEWAL
Vilma Petrie
538 Riverdale Avenue
Yonkers, New York 10705
Law Firm RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 9, 2008
11
RESOLUTION
6. BY MINORITY LEADER McLAUGHLIN, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, COUNCILMEMBERS
McDOW, GRONOWSKI, MURTAGH AND BARBATO:
RESOLUTION REQUESTING THE IRS SUSPEND MANDATORY
DISTRIBUTIONS FROM 401K ACCOUNTS FOR THOSE AGED 70½
WHEREAS, the tragic financial events of the past year have had a
profound and lasting impact on our Nation, our State and our City, and
WHEREAS, the stock market has sustained consistent losses such that
many stocks, securities and other investments are at or near all time lows,
and
WHEREAS, countless people, especially senior citizens, have
spent a lifetime saving for their retirement and have relied heavily if not
exclusively on IRA’s, 401(k)s and other retirement investment accounts,
and
WHEREAS, to the great dismay of many individuals their retirement
accounts have suffered profound losses such that the value of those
accounts are a mere fraction of their previous value, and
WHEREAS, at this time of the tragedy every level of government
has undertaken significant steps to express the courage, caring and
compassion that are the hallmarks of our great nation, and
WHEREAS, financial experts and the government officials
responsible for the management of our economy and the financial well
being of our nation all agree that we are experiencing and will continue to
experience in the days, weeks and months to come unprecedented
challenges to our fiscal health and welfare, and
WHEREAS, these same experts and government officials all agree
that the mammoth rescue, recovery and bailout efforts under way will
eventually result in the preservation of the viability of the major financial
institutions and the restoration of the values in these currently depressed
investment accounts, and
WHEREAS, the current IRS requirements mandate that people
reaching age 70½ must take withdrawals from their retirement accounts,
and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 9, 2008
12
RESOLUTION (CONTINUED)
WHEREAS, the effect of taking these withdrawals now will be to
cause these individuals to realize financial losses that are currently
“paper” or unrealized losses, and
WHEREAS, many of these individuals would rather forego said
withdrawals and defer them to a time in the future when their investment
accounts have stabilized so that they are at or near their previous values,
and
WHEREAS, these people believed that they were investing in a
safe environment but the same financial institutions that enticed them to
trust them with their hard earned money betrayed that trust by engaging in
risky practices and shoddy accounting, and
WHEREAS, it is universally agreed that these innocent investors
did nothing wrong such that they do not deserve to suffer the severe
consequences of the misfeasance and malfeasance of these financial
institutions, and
WHEREAS, senior citizens should not be forced to take mandatory
withdrawals while their accounts are at all time lows, and
WHEREAS, we must do everything within our power to make sure
that our senior citizens’ retirement accounts are treated in a special way
such that their investments are preserved and they have a reasonable
opportunity to recover any losses instead of being forced to realize these
losses pursuant to IRS regulations requiring mandatory withdrawals.
Now, therefore be it resolved that the city council of the city of
Yonkers hereby calls for the temporary suspension of the IRS regulations
requiring mandatory withdrawals from IRS, 401(k)s and other retirement
investment accounts for individuals who have reached age 70½ , and be it
Further resolved that the city council of the city of Yonkers urges
the IRS, the senate and the house of representatives to implement, adopt
and enact the appropriate regulations and or legislation thereby
suspending the IRS regulations requiring mandatory withdrawals from
IRS, 401(k)s and other retirement investment accounts for any and all
individuals who have reached the age of 70½ , and be it
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 9, 2008
13
RESOLUTION (CONTINUED)
FURTHER RESOLVED that the Clerk of City of Yonkers is hereby
directed to forward a certified copy of this resolution to every member of
the Federal Delegation for the City of Yonkers, including but not limited to
Senator Charles Schumer, Senator Hillary Rodham Clinton,
Congresswoman Nita Lowey and Congressman Elliot Engel.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 9, 2008
14
COMMITTEE REPORTS
