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Tuesday, January 13, 2009

COUNCIL MEETING Tonight at 8:00pm

COUNCIL MEETING
1/13/2009 8:00 PM - 10:00 PM
CITY COUNCIL CHAMBERS
40 SOUTH BROADWAY
YONKERS, New York 10701

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 13, 2009
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 moment of
silence to invoke God’s guidance and Blessing upon our deliberations.
Minutes of the stated meeting held on December 09, 2008 approved on motion of
Majority Leader Sandy Annabi.

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 13, 2009
2
INDEX
ITEM DESCRIPTION PAGE
1. S.O. – GRANT - OFFICE OF THE AGING 5
(24,237.00) FROM WESTCHESTER COUNTY
2. S.O. – GRANT - PARKS DEPT – 26,500.00 6
FROM NY STATE OFFICE OF PARKS
3. RES – GRANTING THE MAYOR PERMISSION 7
TO ACCEPT GRANT FOR OFFICE OF THE AGING
(24,237.00)
4. RES – GRANTING THE MAYOR PERMISSION TO 8
ACCEPT GRANT FROM N.Y.S PARKS FOR
PARKS DEPT. (26,500.00)
5. RES – SETTLEMENT – WHITE (1,500.00) 9
6. RES – COMMISSIONERS OF DEEDS 10
7. RES – AMENDMENT TO HOME RULE MESSAGE 11/12
RE: UKRAINIAN GENOCIDE HOLODOMOR
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 13, 2009
3
COMMUNICATIONS
1. 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, January 14, 2009 at 8:30 p.m. to consider applications by
Robert Martin Development Company, Llc and Avalonbay Inc. regarding site plan
approvals for a proposed multi-family residential community known as Avalon
green II; amended site plan approval for an existing multi family residential
community known as Avalon town green; and a special permit to increase the
maximum number of stories of Avalon bay II multi family buildings.
On desks
2. 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, January 14, 2009 at 8:30 p.m. to consider the adoption of
a Local Law amending chapter 460 of the Greenburgh Town code regarding
parking permit fees.
On desks
3. 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, January 14, 2009 at 8:30 p.m. for a petition by Robert
Martin Development Company, LLC to extend the boundaries of the consolidated
sewer district and the consolidated water district No.1 in the Town of
Greenburgh.
On desks
4. 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, January 14, 2009 at 8:30 p.m. for a petition by the
National road safety foundation to extend the boundaries of the federally assisted
sewer district No.15 in the Town of Greenburgh.
5. 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, January 14, 2009 at 8:30 p.m. for a petition by the
National road safety foundation to extend the boundaries of the federally assisted
sewer district No.1 in the Town of Greenburgh.
On desks
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 13, 2009
5
SPECIAL ORDINANCE
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2008/2009.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2008/2009 is
hereby amended by increasing revenues and appropriations for the Office
for the Aging for a grant from Westchester County, for the support of
Elderly Transportation.
Increase Estimated Revenues
Westchester County 049-G11-7162-7100 $24,237.00
Increase Appropriation
OFA – Gasoline 049-G18-7162-0361 $24,237.00
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 13, 2009
6
SPECIAL ORDINANCE
2. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2008/2009.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2008/2009 is
hereby amended by increasing revenues and appropriations for the Parks
Department for a grant from NYS Parks and Recreation, for the expenses
relating to Ethnic Music Festivals.
Increase Estimated Revenues
NYS Parks & Recreation 049-G18-7162-8450 $26,500.00
PKS-08-TA-032
Increase Appropriation
Parks Dept. – Special Projects 049-G18-7162-0496 $26,500.00
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 13, 2009
7
RESOLUTION
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the City of Yonkers, has been awarded a $24,237
grant from Westchester County called the AAA Transportation Grant, to
reimburse the Office of the Aging for fuel and program supplies for the
senior programs and no matching City funds are required; and
NOW, THEREFORE BE IT RESOLVED, that the City of Yonkers is
hereby authorized 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, JANUARY 13, 2009
8
RESOLUTION
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the City of Yonkers has been awarded a $26,500 grant
from the New York State Office of Parks, Recreation and Historic
Preservation for the support of Ethnic Music Festivals, and no matching
City funds are required; and
WHEREAS, the Mayor or the Commissioner of the Department of
Parks, Recreation and Conservation of the City of Yonkers is hereby
authorized to execute any documents necessary to receive such grant;
NOW, THEREFORE BE IT RESOLVED, that the City of Yonkers is
hereby authorized 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, JANUARY 13, 2009
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
One Thousand Five Hundred Dollars ($1,500.00) of the action entitled,
“Raymond White, (residing at 145 Voss Avenue, Apartment 3), Plaintiff
against THE CITY OF YONKERS, Defendant", for personal injuries arising
out of his arrest on September 16, 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 Dollars
($1,500.00) in favor of said plaintiff and his attorney Gangadeen and
Associates, 85-52 114th Street, Richmond Hill, New York 11415.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 13, 2009
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 January 31, 2011.
Zuhair Ageel
71 Brewster Avenue
Yonkers, New York 10701
City of Yonkers RENEWAL
Ikhlas Arefieg
71 Brewster Avenue
Yonkers, New York 10701
City of Yonkers RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 13, 2009
11
RESOLUTION
7. BY COUNCILMEMBERS GRONOWSKI AND McDOW, COUNCIL
PRESIDENT LESNICK, MAJORITY LEADER ANNABI, MINORITY
LEADER McLAUGHLIN, COUNCILMEMBERS, MURTAGH & BARBATO:
 WHEREAS, 2008 marks the 75th anniversary of the height of the
famine in Ukraine that was deliberately initiated and enforced by the
Soviet regime through the seizure of grain and the blockade of food
shipments into the affected areas, as well as by forcibly preventing the
starving population from leaving the region, for the purposes of eliminating
resistance to the forced collectivization of agriculture and destroying
Ukraine's national identity;
WHEREAS, this man-made famine resulted in the deaths of
millions of men, women, and children in Ukraine and in other regions;
WHEREAS, the famine took place in the most productive
agricultural area of the former Soviet Union while food stocks throughout
the country remained sufficient to prevent the famine and while the Soviet
regime continued to export large quantities of grain;
WHEREAS. Race discrimination occurs when a member of a racial
group is subjected to different or unequal treatment ("discrimination") in
any number of situations, when that treatment is based on the individual's
race;
WHEREAS, The fight against racism begins with our children
learning the History of Ukrainian Genocide Holodomor and teaching them
solutions to help keep our communities whole.
WHEREAS, It is an initiative that each of us has to launch in our
own homes and communities. We as a community have to equip our
children to live and work harmoniously with people of all colors, creeds
and orientations. The only way to turn the tides against intolerance and
hatred is to become personally committed to talk about these issues;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 13, 2009
12
RESOLUTION (CONTINUED)
WHEREAS, although the Ukraine famine was one of the greatest
losses of human life in the 20th century, it remains insufficiently
recognized in the United States and in the world:
NOW, THEREFORE, BE IT RESOLVED, that the City Council
hereby submits this Resolution to the New York State Legislation is in
support of the Ukrainian Genocide Holodomor History of 1932-1933 being
added to the school curriculum.
BE IT FURTHER RESOLVED, that the City Clerk is directed to
forward certified copies of this Resolution to the Yonkers delegation to the
New York State Legislature.