City Council Meeting
1/27/2009 8:00 PM - 10:00 PM
City Council chambers
40 South Broadway
Yonkers, New York 10701
Agenda 01/27/2009
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
1
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 January 13, 2009 approved on motion of
Majority Leader Sandy Annabi.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
2
INDEX
ITEM DESCRIPTION PAGE
1. S.O. – BUDGET TRANSFER 5/6
2. RES. – RED LIGHT CAMERAS 7/8
3. RES. – CITY’S BONDING AUTHORITY EXT. 9
4. RES. – MORTAGE TAX EXTENSION 10
5. RES. – INCOME TAX/NON-RESIDENT
EARNINGS TAX EXTENSION 11
6. RES. – EPA CONSENT AGREEMENT 12
7. RES. - SCHOOL FUNDING FORMULA 13/15
8. RES. - SPECIAL USE PERMIT -
719 BRONX RIVER RD 16
9. RES. – COMMISSIONERS OF DEEDS 17/18
10. RES. – RICHARD NAROG/BOARD OF
ASSESSMENT REVIEW APPOINTMENT 19
11. RES. – REAL PROPERTY RE-ASSESSMENT 20/21
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
3
COMMUNICATIONS FROM CITY OFFICIALS
COPY OF THE ALEXANDER STREET MASTER PLAN, ALEXANDER
STREET URBAN RENEWAL PLAN AND ALEXANDER STREET
BROWNFIELD OPPORTUNITY AREA PLAN.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
4
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
5
SPECIAL ORDINANCE
1. MINORITY LEADER McLAUGHLIN, COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER ANNABI, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A Special Ordinance amending the City of Yonkers Budget for Fiscal Year
2008/2009 by transferring $400,000 from various legislative appropriation accounts to
the City Contingency Account to be used to reduce the number of City employees to be
laid off.
The City of Yonkers, in City Council convened, hereby ordains and enacts.
Section 1: The Budget for fiscal year 2008/2009 is hereby amended by
transferring funds as follows:
FROM:
City Council-Salaries 020-013-1010-0101 $20,000
City Council President-Printing 020-013-1020-0403 10,000
City Clerk-Salaries 020-013-1410-0101 25,000
City Clerk-Temp Services 020-013-1410-0103 7,000
City Clerk-Prof. Fees 020-013-1410-0413 20,000
City Clerk-Special Projects 020-013-1410-0496 150,000
Elections-Temp Services 020-013-1450-0103 13,000
Election-Wages 020-013-1450-0198 50,000
Election-Equipment Rental 020-013-1450-0408 13,000
Election-Outside Labor 020-013-1450-0415 40,000
Election-Maint. of Office Equip. 020-013-1450-0424 40,000
Election-Rental of Space 020-013-1450-0421 12,000
$400,000
TO:
Contingency 020-0020-1990-0487 $400,000
Section 2: The unencumbered balance of said appropriations remaining after
transfer equals or exceeds the estimated expenditures that the City requires for such
purposes during the remainder of the budget as per the attached justification document
required by the State Comptroller.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
6
SPECIAL ORDINANCE (CONTINUED)
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
7
RESOLUTION
2. BY COUNCIL PRESIDENT LESICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO.
WHEREAS, the Insurance Institute for Highway Safety has noted
that running red lights and other ‘aggressive driving’ tactics contribute to
the increase in the percentage of intersection-related fatalities; and
WHEREAS, highway safety statistics point to the fact that these
accidents, which often involve excessive speed and right-angle impacts,
can be very significant even when they are not fatal; and
WHEREAS, in recent years many U.S. cities, including New York
City, have implemented programs of traffic-control signal photo-violation
monitoring as a means of enhancing the enforcement at red lights and,
thereby, making intersections safer for both pedestrians and vehicles
alike; and
WHEREAS, after more than five year’s experience with trafficcontrol
signal photo-violation monitoring, New York City Department of
Transportation data indicates that the presence of traffic-control signal
photo-violation monitoring equipment --- red light cameras --- serves to
alter the behavior of drivers and ultimately significantly reduces the
number of accidents at affected intersections; and
WHEREAS, the City of Yonkers continues to seek authorization to
install of traffic-control signal photo-violation monitoring devices as either a
demonstration program with authorization for up to 25 intersections or as a
regular program with authorization for up to 50 intersections; and
WHEREAS, the City of Yonkers recognizes that, if adopted and
signed into law, State traffic-control signal photo-violation monitoring
legislation would only authorize and empower the City of Yonkers to
establish by local law or ordinance said program; therefore be it
RESOLVED, that the City Council of the City of Yonkers, hereby
requests the introduction of State legislation authorizing and empowering
the City of Yonkers to establish by local law or ordinance either a
demonstration program or regular program to monitor compliance with
traffic control indications; and be it further
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
8
RESOLUTION (CONTINUED)
RESOLVED, that the City Council of the City of Yonkers hereby
requests that said state bill be introduced either as a Yonkers-only bill
and/or as a bill encompassing more than one municipal entity; and be it
further
RESOLVED, that the Yonkers City Clerk be and hereby is directed
to forward a duly certified copy of this Resolution to each member of the
State Senate Delegation, each member of the State Assembly Delegation,
Senate Majority Leader Malcolm Smith and Assembly Speaker Sheldon
Silver; and be it further
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
9
RESOLUTION
3. BY COUNCIL PRESIDENT LESICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO.
WHEREAS, the authorization for the City of Yonkers to negotiate
the private sale of its bonds and notes is vital to improving the City’s
financial stability and independence, and
WHEREAS, the continuance of this power will allow more costeffective
financing of the City’s debt, and
WHEREAS, the City’s bonding authority will expire on June 30,
2009 unless it is extended one year, and
WHEREAS, the City of Yonkers needs the introduction of
legislation that will permit the private sale of bonds or notes by the City of
Yonkers, subject to the approval of the State Comptroller, and
NOW THEREFORE, BE IT RESOLVED that the City Council of the
City of Yonkers hereby declares that the enactment of such legislation as
described herein is in the best interests of the City and is essential to
improving the City’s financial stability and independence, and
BE IT FURTHER RESOLVED, that the City Council requests the
City Clerk to forward a copy of this resolution to the Legislature of the
State of New York requesting the enactment of such legislation.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
10
RESOLUTION
4 BY COUNCIL PRESIDENT LESICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO.
WHEREAS, the City of Yonkers Mortgage Recording Tax is set to
expire on August 31, 2009 and
WHEREAS, the Mayor of the City of Yonkers has included in his
Executive Budget Revenues from the Mortgage Recording Tax for the full
fiscal year commencing on July 1, 2009 and terminating June 30, 2010.
WHEREAS, in order to realize the full revenue amount for Fiscal
Year 2010, the City of Yonkers requests the State Legislature to prepare
and pass the needed Legislation and for the Governor to sign the measure
into law to extend the Mortgage Recording Tax for the period September
1, 2009 to August 31, 2011.
WHEREAS, if the Mortgage Tax is not extended beyond August 31,
2009, the City will lose $3.3 million dollars in revenue in Fiscal Year 2009
and $4 million dollars in revenue in future years which will affect the
services provided to the City of Yonkers residents.
NOW, THEREFORE, BE IT RESOLVED, that the Yonkers City
Council hereby goes on record in support of the extension of the Mortgage
Recording Tax; and be it further
RESOLVED, that, in addition to the appropriate members of the
City Administration, the City Clerk is hereby directed to forward a certified
copy of this resolution to the Legislature for the enactment of this law.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
11
RESOLUTION
5. BY COUNCIL PRESIDENT LESICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO.
WHEREAS, the City of Yonkers Resident Income Tax Surcharge
and Non-resident Earnings Tax is set to expire on December 31, 2009 and
WHEREAS, the Mayor of the City of Yonkers will include in his
Executive Budget Revenues from the Income Tax Surcharge and Nonresident
Tax for the full fiscal year commencing on July 1, 2009 and
terminating on June 30, 2010.
WHEREAS, in order to realize the full revenue amount for Fiscal
Year 2010, the City of Yonkers requests the State Legislature to prepare
and pass the needed legislation and for the Governor to sign the measure
into law to extend the Income Tax Surcharge and Non-resident Earnings
Tax for the period January 1, 2009 to December 31, 2010.
WHEREAS, if the Income Tax Surcharge and Non-resident
Earnings Tax is not extended beyond December 31, 2009, the City will
lose approximately $16 million dollars of revenues in Fiscal Year 2009 and
approximately $32 million in future years which will affect the service
provided to the City of Yonkers residents.
NOW, THEREFORE, BE IT RESOLVED, that the Yonkers City
Council hereby goes on record in support of the extension of the Income
Tax Surcharge and Non-resident Earnings Tax; and be it further.
RESOLVED, that in addition to the appropriate members of the City
Administration, the City Clerk is hereby directed to forward a certified copy
of this resolution to the Legislature requesting the proposed legislation be
enacted into law.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
12
RESOLUTION
6. BY COUNCIL PRESIDENT LESICK, 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 of the matter
regarding the United States Environmental Protection Agency (“EPA”)
Case No.: CWA-02-2008-3809 arising out of violations of the Clean Water
Act, 33 U.S.C. §1251 et seq., and 40 C.F.R. §110.3 which established
certain procedures, methods and requirements incumbent upon each
owner and operator of a non transportation –related onshore facility which
due to its location may be harmful to the public health, welfare or
environment of the United States; on September 30, 2008, the EPA issued
an Administrative Complaint against the City for violations of the Clean
Water Act, which matter has now been settled with the City by way of the
Consent Agreement and Final Order which includes payment of a
stipulated penalty of Fourteen Thousand Dollars ($14,000.00), and by
authorizing the execution of the Consent Agreement and Final Order with
the EPA that ensures the prompt payment of said funds; and be it further
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
13
RESOLUTION
7. BY COUNCIL PRESIDENT LESICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO.
WHEREAS, the Yonkers Public School System and the 4,000 men
and women who serve the System in all capacities are charged with the
education and well-being of over 24,000 of our City’s children; and
WHEREAS, the School System and its employees work in unison
to provide our students with a quality public education, giving them the
skills, abilities and confidence that will enable them to take their rightful
place as knowledgeable, competent and responsible adults; and
WHEREAS, in order to accomplish this important goal, the Yonkers
School System, which serves children from all socio-economic
backgrounds, provides core studies in grades Pre-K thru 12, various
offerings in health education, the visual and performing arts, music,
interscholastic athletics, as well as an enriched academic core curriculum
for gifted children, and a District-wide program using the ‘English as a
Second Language’ approach to develop skills in understanding, speaking,
reading, and writing English for those students who speak other
languages; and
WHEREAS, in recent years the School District and its students
have achieved impressive results in a number of important areas: 1,229
graduating Class of 2008 seniors were accepted in 163 colleges and
universities and earned nearly $20.5 million in scholarships; in 2008,
English Language Arts scores were up over 9%; Mathematics scores were
up almost 13%; graduation rates in 2008 were up by 9%; 443 middle and
high school students earned membership in the National Honor Society;
Newsweek ranked Yonkers International Baccalaureate High School 80th
in the nation in 2008 --- the highest ranking of any school in Westchester
County --- and, in the U.S. News listing of the top 100 high schools in
America for 2009 it was ranked 37th; 14 schools were identified by as
“High Performing/Gap Closing or Rapidly Improving”; 700 high school
students sat for nearly 1,300 Advanced Placement and Baccalaureate
College level exams; and 99.7% of Yonkers teachers are ranked as highly
qualified --- one of the highest percentages in New York State; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
14
RESOLUTION (CONTINUED)
WHEREAS, during fiscal years 2003/2004 thru 2008/2009 the City
of Yonkers has increased its contribution to education by 61% to a total of
$218,800,000 --- making the City of Yonkers’ current contribution to
education $ 8,947 per student; and
WHEREAS, it is without question that each and every Member of
our State Delegation works diligently in their ongoing effort to return the
maximum amount of State dollars to the City of Yonkers and the Yonkers
Public School System; and
WHEREAS, notwithstanding their continued efforts, based on a
longstanding, albeit inadequate State education funding formula, our
School System continues to be shortchanged vis-à-vis the other three big
second-class cities, Buffalo, Rochester and Syracuse; and
WHEREAS, while it is acknowledged that the severe national
economic downturn that we are currently experiencing has presented new
challenges for all levels of government that will require sacrifice by all, the
fact still remains that the Yonkers Public School System and, therefore,
the children of Yonkers are being shortchanged and that, State education
dollars need to be fairly distributed; and
WHEREAS, although FY 2009/2010 numbers will not be known
until the adoption of the respective city budgets, the fact that the
2008/2009 State budget provided Buffalo with approximately 72.9% of its
total school funding requirements, Rochester with approximately 68.8%,
Syracuse with approximately 67.4% and the City of Yonkers with only
44.4% of its total school funding requirements, clearly confirms that the
decades-old inequity in the State’s school funding formula continues to be
a ongoing problem that is detrimental to the City of Yonkers and the more
than 24,453 children that attend the Yonkers Public Schools; and
WHEREAS, with over three-quarters of our public school students
being members of recognized minority groups and 70% of our students
living in poverty, it is extremely important to the City of Yonkers, to its
nearly 200,000 residents and, most importantly, to all of the children that
attend our Yonkers School System that the inequity in the State education
formula be addressed by the State Legislature and the Governor before
the adoption of the upcoming State budget; therefore be it
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
15
RESOLUTION (CONTINUED)
RESOLVED, that the City Council of the City of Yonkers hereby
requests that the New York State Legislature undertake a full review of the
methodology used to return State dollars to its school districts with a view
towards correcting the longstanding inequity that continues to adversely
impact the City of Yonkers and the Yonkers Public School System vis-àvis
the other three big second-class cities, Buffalo, Rochester and
Syracuse prior to the adoption of the FY2009/2010 State budget; and be it
further
RESOLVED, that the City Council requests the introduction and
passage of State legislation to address the inequity in the State school
funding formula prior to the adoption of the FY2009/2010 State budget ;
and be it further
RESOLVED, that the City Council requests that, upon his review
and determination, Governor David Patterson sign into law legislation that
addresses the inequity in the State school funding formula so that,
notwithstanding the extremely trying economic times that our State
currently faces, the Yonkers Public School System will get its fair and
equitable share of those State dollars that are allocated to education in the
FY2009/2010 State budget and thereafter; and be it further
RESOLVED, that the Yonkers City Clerk be and hereby is directed
to forward a duly certified copy of this Resolution to each member of our
State Delegation, Governor David Paterson, Senate Majority Leader
Malcolm Smith and Assembly Speaker Sheldon Silver; and be it further
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
16
RESOLUTION
8. BY COUNCIL PRESIDENT LESICK, 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 upon the record and findings of the Planning Board of the City
of Yonkers with respect to the application submitted by Ebrahim Alomary,
(owner) for a Special Use Permit to allow for the use of the subject
property on premises known as 719 Bronx River Road, Block 5228, Lot 2
as a convenience store and gas station with its hours of operation
between 6:00 a.m. to 12:00 midnight, and wherein such use is permitted
by Special Use pursuant to Article VII, Section 43-75 (A) and Article IX of
the Yonkers Zoning Ordinance; the actions of the Planning Board are
hereby approved, subject to the conditions set forth in the Resolution of
the Planning Board.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
17
RESOLUTION
9. BY COUNCIL PRESIDENT LESICK, 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 March 31, 2011
Merlyn Oquendo
170 South Broadway
Yonkers, New York 10701
Customer Service Rep NEW
Theresa M. Lucadamo
96 Longvue Terrace
Yonkers, New York 10710
Office Manager NEW
Robert L. Moffitt
96 Longvue Terrace
Yonkers, New York 10710
Retired NEW
Jean N. Suarez
3034 Kingsbridge Avenue
Bronx, New York 10463
Paralegal RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
18
RESOLUTION (CONTINUED)
Mary Ann Maurer
200 Willow Street, Apt. 1-I
Yonkers, New York 10701
Office Manager RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
19
RESOLUTION
10. BY COUNCIL PRESIDENT LESICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO.
BE IT RESOLVED that the Yonkers City Council hereby gives its
advice and consent to the appointment of Richard Narog, to the Board of
Assessment and Review, to fill the unexpired term of former Board
member Bonnie Jensen which will expire on December 31, 2011.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
20
RESOLUTION
11. BY COUNCILMEMBER GRONOWSKI AND COUNCIL PRESIDENT
LESICK: MAJORITY LEADER ANNABI, MINORITY LEADER
McLAUGHLIN, COUNCILMEMBERS McDOW, MURTAGH AND
BARBATO.
WHEREAS, Section 305 of the New York State Real Property Tax
Law mandates uniform and equitable assessments; and
WHEREAS, computer-assisted mass appraisal systems and
technical advice are available by cooperative agreement with the New
York State Office of Real Property Services; and
WHEREAS, Each municipality's share of the county tax bill is based
on assessed property values and a formula using a factor known as the
state equalization rate, and because each municipality in Westchester
assesses the value of property differently, this tax increase varies greatly
and can cause significant fluctuations in tax rates from year to year; and
WHEREAS, According to the New York State Office of Real
Property Services, Westchester County has “the lowest average
equalization rates of any county in the state”, a sign that “a municipality's
assessments are out of date and more likely not to value properties
uniformly”; and
WHEREAS, the establishment of equalization rates are necessary
not only for the county portion of the tax, but for school funding,
municipality’s bond ratings, and numerous other New York State financial
calculations, and
WHEREAS, According to the New York State Office of Real
Property Services, the City of Yonkers assessments are out of date and
not uniform based upon the statistics of sales, and
WHEREAS, the last reassessment of our real property took place in
1954, and
WHEREAS, the City Council is convinced that a reassessment is
necessary in furtherance of complying with Section 305 of the New York
State Real Property Tax Law;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 27, 2009
21
RESOLUTIONS (CONTINUED)
WHEREAS, the City Council is supportive of efforts to require a
County-wide and/or State-wide reassessment, but would like to start the
process immediately with the issuance of a RFP by the City; and
NOW, THEREFORE, BE IT RESOLVED that the City Council calls
on the Mayor to direct the City Assessor to immediately undertake and
implement a reassessment for the 2012-13 or 2013-14 assessment roll
and
FURTHERMORE, that the Mayor create an Assessment Advisory
Committee comprised of the City Assessor, City’s Chief Financial Officer
and the City’s Council’s Financial Advisor to provide technical assistance,
oversight of the process, and to provide periodic reports to the Mayor and
the City Council. This committee will conduct the RFP process and report
back to the Mayor and the City Council before the next Capital
Improvement Plan (CIP) is prepared. Should the state or county be able to
pay for some or all of the expenses, then the city expenses will be lower.
BE IT FURTHER RESOLVED that the City Council agrees, to
ensure that the City has sufficient resources to conduct the reassessment
including the services of a private contractor to provide services for this
reassessment upon proper solicitation and review.
This resolution shall take effect immediately.
