AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 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 minute of silence
to invoke God’s guidance and Blessing upon our deliberations.
Minutes of the stated meeting held on February 10, 2009 approved on motion of
Majority Leader Sandy Annabi.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
2
INDEX
ITEM DESCRIPTION PAGE
1. S.O. – COUNTY TAX ROLL 5
2. S.O. - LONG HOUSE CONNECTION -
PARK VIEW AVENUE 6/7
3. RES. – SETTLEMENT - MICHELIN ($1,420.67) 8
4. RES. – SETTLEMENT – SANCHEZ ($1,500.00) 9
5. RES. – SETTLEMENT – PRIMEAU ($2,720.42) 10
6. RES. – SETTLEMENT – SATCHELL ($5,000.00) 11
7. RES. – YONKERS ANIMAL SHELTER 12/13
8. RES. – FUNDING (MARCHISELLI PROGRAM) 14/16
9. RES. – COMMISSIONER OF DEEDS 17/18
10. RES. – BANNER - YOHO ARTISTS 19
11. RES. – BANNER – SACRED HEART 20
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
3
COMMUNICATIONS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
4
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
5
SPECIAL ORDINANCE
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
AN ORDINANCE CONFIRMING THE TAX ROLL FOR WESTCHESTER
COUNTY TAXES, INCLUDING SEWER DISTRICT TAXES AND REFUSE
DISPOSAL DISTRICT TAXES, FOR THE CALENDAR YEAR 2009, AND
LEVYING AND ASSESSING THE TAXES CONTAINED THEREIN.
The City of Yonkers, in the City Council convened, hereby ordains
and enacts:
Section 1. The apportionment and extension of the assessment
roll of Westchester County Taxes for the calendar year 2009, including
sewer district taxes and refuse disposal district taxes, having been
completed by the City Assessor at the direction of the City Council, said
apportionment and extension constitutes the tax rolls for Westchester
County Taxes and said taxes are hereby levied and assessed on the real
property appearing thereon as therein set forth.
Section 2. The Mayor is authorized to sign and attach to such tax
rolls a warrant under the corporate seal of the City allowing the City
Comptroller to collect, in the manner provided by law, the taxes set forth
therein, and the City Assessor is hereby directed to deliver the said tax
rolls to the Comptroller.
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
6
SPECIAL ORDINANCE
2. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
AN ORDINANCE AUTHORIZING AND PERMITTING THE PROPERTY
OF 125 PARKVIEW AVE. BLOCK 5664 LOT (S) 7 TO MAKE A LONG
HOUSE CONNECTION TO THE CITY'S SANITARY SYSTEM IN
PARKVIEW AVE. (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
125 Parkview Ave., Block 5664 Lot(s) 7 to make a long house sanitary
sewer connection from said lot to a city sanitary sewer in Parkview Ave.
at his own cost and expense and in accordance with the plan submitted by
Eliot Senor, Professional Engineer #81627 dated March 28, 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.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
7
SPECIAL ORDINANCE (CONTINUED)
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
8
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 four hundred twenty dollars and sixty-seven cents
($1,420.67) of the claim entitled, " In the Matter of Michael Michelin,
(residing at 241 Croydon Road) claimant against the City of Yonkers,
respondent", for property damage arising out of an alleged accident
alleging that his vehicle was damaged by a Yonkers Fire Engine while it
was parked and unattended in front of 241 Croydon Road, 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 four hundred
twenty dollars and sixty-seven cents ($1,420.67) in favor or said claimant.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
9
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 dollars ($1,500.00) of the action entitled, "In
the Matter of the Claim of Frank Sanchez, (residing at 100 College
Avenue, Apt 4K, Sleepy Hollow, New York 10591) plaintiffs against The
City of Yonkers, Defendant", for property damage arising out of an
accident alleging that damage was sustained to his vehicle after a City
vehicle struck his vehicle while it was stopped at a stop sign on Waverly
Street, 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 and no cents ($1,500.00) in favor of said
plaintiff Frank Sanchez.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
10
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 SEVEN HUNDRED TWENTY AND 42/100 DOLLARS
($2,720.42) of the action entitled, "STATE FARM a/s/o JAMES PRIMEAU,
plaintiff against THE CITY OF YONKERS, Defendant", for property
damage arising out of an alleged accident alleging that on June 2, 2008 a
Yonkers Fire Department truck struck plaintiff's vehicle while it was legally
parked in front of 773 Palisade Avenue, 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 SEVEN HUNDRED
TWENTY AND 42/100 DOLLARS ($2,720.42) in favor of said plaintiff and
his attorneys FRIEDMAN, HIRSCHEN & MILLER LLP.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
11
RESOLUTION
6. 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
FIVE THOUSAND ($5,000.00) of the case entitled NICHOLAS
SATCHELL, plaintiff, v. CITY OF YONKERS, defendant; court index
number 07 Civ. 9513 (NRB); for violations of civil rights allegedly
sustained by plaintiff in the course of his being detained by City of Yonkers
police officers on April 26, 2007; 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 FIVE THOUSAND DOLLARS ($5,000.00) in favor of said
plaintiff and his attorney, William S. Holleman, Esq. payable to:
“BALESTRIERE LANZA PLLC, attorneys for Nicholas Satchell,” 225
Broadway, Suite 2900, New York, New York 10007.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
12
RESOLUTION
7. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, private individuals and interested parties are seeking
to make monetary donations to assist in the development and
maintenance of a new City of Yonkers Animal Shelter facility, and it is
proposed that the City of Yonkers coordinate such donations to be used
for the public purpose of developing the City of Yonkers Animal Shelter
facility; and
WHEREAS, the current Yonkers Animal Shelter was designed for
animal control, and as presently constituted is undersized and improperly
equipped to allow for the adoption of healthy animals; and
WHEREAS, the a new Yonkers Animal Shelter facility would allow
for the adoption of healthy animals and decrease the current burden on
housing stray animals; and
WHEREAS, the Mayor and the City Council wish to assist in the
development of a new City of Yonkers Animal Shelter facility; and
WHEREAS, donations made to the City of Yonkers to assist in the
development of a City of Yonkers Animal Shelter facility further the public
purpose of the humane treatment of stray animals and enhance the quality
of life for residents of the City of Yonkers; therefore be it
RESOLVED, that the City Council of the City of Yonkers hereby
supports the creation of a special fund for donations to be used for the
development efforts of a new City of Yonkers Animal Shelter facility; and
be it further
RESOLVED, that the City Council requests that the Commissioner
of Finance and Management Services (the “Commissioner of Finance”) is
hereby directed to set up and manage the records of a separate account
entitled “City of Yonkers Animal Shelter Fund” to be funded solely by
private donations and to be used for expenses related to the development
of a new City of Yonkers Animal Shelter facility; and be it further
RESOLVED, that the Mayor is authorized to take whatever steps
necessary to effectuate this resolution; and be it further
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
13
RESOLUTION (CONTINUED)
RESOLVED, that the Commissioner of Finance and Management
Services and the Commissioner of Parks and Recreation are authorized to
make a full report to the City Council on the development and
maintenance of the new facility and an accounting of the funds donated
and held in said separate account within one year from the creation of said
separate account and every year thereafter, until the account is no longer
used and closed, and copies of such reports shall be made available to
the public; and be it further
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
14
RESOLUTION
8. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A RESOLUTION AUTHORIZING THE IMPLEMENTATION AND
FUNDING OF THE FEDERAL AID AND STATE “MARCHISELLI”
PROGRAM-AID ELIGIBLE COSTS OF A TRASPORTATION FEDERALAID
PROJECT ON SAW MILL RIVER ROAD, FROM TUCKAHOE ROAD
TO ASHBURTON AVENUE, AND APPROPRIATING FUNDS.
WHEREAS, a project for the reconstruction of Saw Mill River Road
from Tuckahoe Road to Ashburton Avenue in the City of Yonkers, in
Westchester County, identified as PIN 8103.31, is eligible for funding
under a Title 23, US Code, as amended, calls for the costs for such
project to be borne at the ratio of 80 % Federal Funds and 20% nonfederal
funds; and
WHEREAS, by Resolution No. 3-2001 adopted on January 9, 2001,
the Yonkers City Council approved of, and agreed to making a
commitment of 100% of the non-federal share of costs for the preliminary
engineering and right-of-way incidental work, or portions thereof, and
WHEREAS, by Resolution No. 3-2001, the Yonkers City Council
authorized the appropriation of $240,000 from the 1999/2000 Budget for
the City of Yonkers under the Grants Section, subsection 1508 entitled
“Reconstruction of Saw Mill River Road” and made available to cover the
cost of participation in the Preliminary Engineering and Right-of-Way
Incidental phase of the project; and
WHEREAS, it has been found necessary to undertake additional
preliminary engineering work for the above-subject Project not
contemplated in the original Agreement authorized by the previous
Resolution adopted by the Yonkers City Council; and
WHEREAS, it has been found necessary to increase the costs for
the additional preliminary engineering work for the above-subject Project;
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 the
additional preliminary engineering work for the project or portions thereof.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
15
RESOLUTION (CONTINUED)
NOW, THEREFORE, the Yonkers City Council duly convened,
approves of the project; and it 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 the additional preliminary engineering work
and the construction, construction inspection and construction supervision
work for the Project or portions thereof; and it is further
RESOLVED, that the sum of $5,406,000.00 (which equals
$5,646,000.00 minus the previous $240,000.00) is hereby appropriated as
follows $1,119,382.52 from 060 008 0461 0200; and $967, 038.48 from
060 008 0503 0200; $3,272,000.00 from 049 G12 1508 0201 and
$47,579. from 049 G12 1508 0413 and made available to cover the cost
of participation in the above design and construction phases of the
Project; is hereby appropriated from the aforementioned Grant and Budget
lines for the City of Yonkers; year 2006-2007 for the accounts 060 008
0461 0200 and 060 008 0503 0200, and the year 1999-2000 for the
accounts 049 G12 1508 0201 and 049 G12 1508 0413; and it is hereby
further
RESOLVED, that in the event of 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
RESOLVED, that the Mayor be and is hereby authorized to execute
all necessary Agreements, certifications or reimbursement requests for
Federal Aid and/or Marchiselli 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 providing for the administration of
the Project and the City of Yonkers funding of the non-federal share of the
project costs and permanent funding of the local share of federal-aid and
state-aid eligible project costs and all Project costs within appropriations
therefore that are not so eligible, and it is hereby 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 Agreement in connection with the projects, and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
16
RESOLUTION (CONTINUED)
RESOLVED, that this resolution take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
17
RESOLUTION
9. 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 April 30, 2011
Lakisha Collins
95-117 Ravine Avenue
Yonkers, New York 10701
Municipal Housing Authority RENEWAL
Judith Elaine Hicks
180 Hawthorne Avenue
Yonkers, New York 10705
Municipal Housing Authority RENEWAL
Ebony S. Jefferson
1511 Central Park Avenue
Yonkers, New York 10710
Municipal Housing Authority RENEWAL
Paula L. Kubicek
16 Bryn Mawr Parkway
Yonkers, New York 10708
Municipal Housing Authority RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
18
RESOLUTION (CONTINUED)
Timothy Louis Terry
1511 Central Park Avenue
Yonkers, New York 10710
Municipal Housing Authority RENEWAL
Veronica Torres
527 Riverdale Avenue
Yonkers, New York 10705
Municipal Housing Authority RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
19
RESOLUTION
10. BY COUNCILMEMBER GRONOWSKI, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, MINORITY LEADER
McLAUGHLIN, COUNCILMEMBERS McDOW, MURTAGH AND
BARBATO:
WHEREAS, Yoho Arts Studios, located at the Nepperhan Business
Center, 540 – 578 Nepperhan Avenue in Yonkers, has an up coming
event called YOHO ARTISTS OPEN STUDIO April 18th and 19th 2009.
Yoho Arts Studios has asked that they be permitted from the City Council
to place banners in areas promoting this event, and
WHEREAS, Yoho Arts Studios has asked that they be permitted to
place three (3) banners at the following locations on or before April 1,
2009 and to be removed as soon after April 19, 2009 as is possible:
1. City Hall Bridge
2. Central Park Avenue & Yonkers Avenue Bridge
3. Central Park Avenue & Tuckahoe Avenue Bridge
NOW, THEREFORE BE IT RESOLVED that the City Council of the
City of Yonkers hereby grants permission to Yoho Arts Studios to place
three banners in the aforementioned locations, subject to any terms and
conditions deemed appropriate by the Administration to protect the best
interests of the City of Yonkers.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
20
RESOLUTION
11. BY COUNCILMEMBER GRONOWSKI, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, MINORITY LEADER
McLAUGHLIN, COUNCILMEMBERS McDOW, MURTAGH AND
BARBATO:
WHEREAS, Sacred Heart High School has an up coming
production called “Hello, Dolly!” April 3rd, 4th and 5th 2009. Sacred Heart
High School has requested permission from the City Council to place a
banner in an area promoting this event, and
WHEREAS, Sacred Heart High School has asked that they be
permitted to place one (1) banner on the corner of North Broadway and
Gateway Road on or before March 4, 2009 and to be removed as soon
after April 5, 2009 as is possible.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to Sacred Heart High School to
place one banner in the aforementioned location, subject to any terms and
conditions deemed appropriate by the Administration to protect the best
interests of the City of Yonkers.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERSC
STATED MEETING
TUESDAY, FEBRUARY 24, 2009
21
COMMITTEE REPORTS
