AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 10, 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 27, 2009 approved on motion of
Majority Leader Sandy Annabi.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 10, 2009
2
INDEX
ITEM DESCRIPTION PAGE
1. S.O. – FIRE DEPARTMENT GRANT - $2,000,000. 6
2. S. O. – GRANT – UNTERMYER PARK - $240,000 7
3. RES. – GRANT AGREEMENT – FIRE DEPT. 8
4. RES. – GRANT AGREEMENT – UNTERMYER PK. 9
5. RES. – SETTLEMENT - IRVING ($750.00) 10
6. RES. – SETTLEMENT - McLAUGHLIN ($3,738.87) 11
7. RES. – COMMISSIONER OF DEEDS 12
8. RES. – PAYMENT IN LIEU OF TAXES 13/15
9. HON. – ST. PATRICK’S DAY PARADE 16/17
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 10, 2009
3
COMMUNICATIONS FROM CITY OFFICIALS
From the Yonkers Planning Board, dated February 25, 2009 , Notice of
Completion – Final Environmental Impact Statement – Proposed Change
to the South Westchester Executive Park Comprehensive Development
Plan/Elizabeth Seton Pediatric Center Site Plan, Yonkers, New York.
DISTRIBUTED TO COUNCIL 3/3/2009
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 10, 2009
4
COMMUNICATIONS
RECEIVED FROM BENNETT KIELSON STORCH DeSANTIS, THE
GOVERNMENT SERVICES DIVISION OF O’CONNOR DAVIES
MUNNS & DOBBINS, LLP, THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR FISCAL YEAR ENDING, JUNE 30, 2008.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 10, 2009
5
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 10, 2009
6
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 Fire
Department for a grant from NYS Homeland Security Office for the
purchase supplies and expenditures of Overtime to prepare for
catastrophic events.
Increase Estimated Revenues
NYS Homeland & Security 049-G07-3445-3445 $2,000,000
Increase Appropriation
Fire Dept. – Overtime 049-G07-3445-0198 950,000
Equipment 049-G07-3445-0250 1,045,000
Misc. Supplies 049-G07-3445-0313 5,000
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, MARCH 10, 2009
7
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 upgrading Untermyer Park Carriage Trail.
Increase Estimated Revenues
NYS Parks & Recreation 049-G18-7188-8450 $200,000
Grant Cash Match 049-G18-7188-3200 40,000
Increase Appropriation
Parks Dept. – Special Projects 049-G18-7188-0496 $240,000
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, MARCH 10, 2009
8
RESOLUTION
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the New York State Office of Homeland Security, has
awarded the City of Yonkers an Urban Area Security Initiative (UASI)
Grant, in the amount of 2 million dollars ($2,000,000), in order to enhance
its ability to respond to acts of terrorism and plan for catastrophic training
and equipment; and
WHEREAS, the term of this UASI grant is from July 1, 2007 until
June 30, 2010, with no matching funds provided by the City of Yonkers;
and
WHEREAS, the Mayor of the City of Yonkers is hereby authorized
to execute such agreement with the New York State Office of Homeland
Security, for a term of July 1, 2007 to June 30, 2010, in order to provide
such funds to the Fire Department of the City of Yonkers;
NOW, THEREFORE BE IT RESOLVED, that the Mayor of the City
of Yonkers is hereby authorized to execute the UASI grant agreement with
New York State Office of Homeland Security, for the purchase of
equipment and the planning and training of the Yonkers Fire Departments
to respond to acts of terrorism, with the total amount of the award at
$2,000,000; and be it further
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 10, 2009
9
RESOLUTION
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
BE IT RESOLVED, by the Yonkers City Council, that August J.
Cambria, as Commissioner of the Department of Parks, Recreation and
Conservation, is hereby authorized to apply for and accept grant funds
from the New York State Office of Parks, Recreation and Historic
Preservation, in accordance with the provisions of the Recreation Trails
Program, to continue the restoration work in Untermyer Park’s Historic
Carriage Trail, the grant is in the amount of $200,000, with $40,000
coming from matching funds from the City of Yonkers, which would be
requested in next years CIP Budget; and be it further
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 10, 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
seven hundred fifty dollars and no cents ($750.00) of the action entitled,
"Steven Irving, (residing at 220 East 67th St., New York, NY 10065)
plaintiffs against The City of Yonkers Police Department and Lt. Frank
Coriello, Defendants", for property damage arising out of an accident
alleging that his vehicle was damaged by a Yonkers police vehicle, 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 seven hundred and fifty
dollars and no cents ($750.00) to Steven G. Irving, 220 East 67th Street,
New York, New York 10065.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 10, 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 THREE
THOUSAND SEVEN HUNDRED THIRTY-EIGHT and 87/100 DOLLARS
($3,738.87) of the action entitled, "ALLSTATE INSURANCE COMPANY
A/S/O DEBBIE MCLAUGHLIN, residing at 51 Crotty Avenue, Yonkers,
New York 10701 plaintiff, against THE CITY OF YONKERS, Defendant",
for property damage arising out of an incident on the 26th day of January,
2008 in which it is alleged that a Yonkers Sewer Department truck
proceeding on Cross-Hill Avenue in the City of Yonkers, struck and pulled
down a tree limb overhanging the street and that limb landed on the
claimant’s subrogor’s vehicle which was also proceeding on Cross-Hill
Avenue, 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 THREE
THOUSAND SEVEN HUNDRED THIRTY-EIGHT and 87/100 DOLLARS
($3,738.87) in favor of said plaintiff and its attorneys, Carl S. Young &
Associates.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 10, 2009
12
RESOLUTION
7. 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
Peter Harris
1470 Midland Avenue Apt.50
Yonkers, New York 10704
Real Estate Broker RENEWAL
Lema L. Boroff
40 Morrow Avenue
Yonkers, New York 10701
Law RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 10, 2009
13
RESOLUTION
8. COUNCILMEMBER BARBATO; COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS McDOW, GRONOWSKI AND MURTAGH:
WHEREAS, for decades the City of Yonkers struggled to attract
potential developers to invest in our city, and
WHEREAS, was this no where more evident then in attempts to jump
start redevelopment and overall revitalization of our waterfront and downtown
area, and
WHEREAS, only in recent years have we seen a number of projects
moved from the drawing board to the approval process to fruition, and
WHEREAS, in order to spur on such development, the City
Administration acting through its Industrial Development Agency offered
prospective developers a number of significant benefits including, but not limited
to, very favorable Payment in Lieu of Taxes (PILOT) arrangements in
accordance with section 858(15) of the General Municipal Law, and
WHEREAS, while these PILOT arrangements may have been necessary
to spur on the initial private investment in the revitalization of our waterfront and
downtown areas, this may no longer be the case, and
WHEREAS, while PILOTS are not to be discounted as an important
development and redevelopment tool for any municipal government, it is
important that any PILOT be controlled so as not to 'give away the proverbial
store', most especially at a time when the potential for much needed new
revenue sources are so necessary to the fiscal health of our city; specifically, to
maintain city services and, especially, to add additional dollars to our already
cash strapped school system without further burdening our homeowners, and
WHEREAS, in addition to the financial burden created by these
developments there has also been an overwhelming amount of complaints
from tenants living in Federal, State and/or locally funded (YIDA, MHA,
HUD funded) buildings that have been made possible by PILOT
arrangements in regard to sub-standard living and maintenance conditions
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 10, 2009
14
RESOLUTION (CONTINUED)
WHEREAS, in many instances the developer/owner of the
property is enjoying the benefits of tax abatements and other monetary
benefits while failing to meet local code requirements, and putting the
health, safety and welfare of the occupants and the general public in
jeopardy,
WHEREAS, because the Local Municipal Legislative Body is
charged with approving and adopting the Municipality’s Budget and Tax
Roll it only makes sense to provide the Local Municipal Legislative Body
with the authority to determine the need for such incentives as well as the
Municipality’s actual ability to extend the same benefits to
developers/owners while maintaining fiscal accountability to the
Municipality’s citizens and taxpayers.
WHEREAS, in order to accomplish this important balance between
spurring on development and redevelopment and sound fiscal policy, a policy of
control in the hands of the local legislative body should be added to section
858(15) of the General Municipal Law as it pertains to the creation of the Local
Industrial Development Agency.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the
City of Yonkers, hereby requests that section 858(15) of the General
Municipal Law be amended to include the following as it pertains to the
implementation of PILOT arrangements;
a) That the sum and substance of all future PILOT arrangements
including, but not limited to all terms and conditions, are to be approved by
a SEPARATE resolution of the Local Municipal Legislative Body;
b) That the Local Municipal Legislative Body be provided with full
justification for the need of the PILOT and its economic benefit, including
the rationale for such an agreement and the benchmarks to ensure that
we are realizing said benefit.
c) That all terms and agreements presented to the Local Municipal
Legislative Body include any and all other tax relief, incentives, or benefits
being sought by the beneficiary from any other level of government;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 10, 2009
15
RESOLUTION (CONTINUED)
d) That the maximum term of any future PILOT arrangement shall be no
more than 10 years with any extension being voted on by the Local
Municipal Legislative Body;
e) That all future PILOT arrangements shall include a provision to
upwardly adjust the PILOT payments at least every 2 years at a rate that
is equal to an amount that is no less than the cumulative amount of the
rate of inflation during the proceeding period;
f) That all future PILOT arrangements must contain a provision which
negates the ability of the developer (or other beneficiary of the PILOT, or
successor in title or deed) from filing a tax certiorari during the entire life of
the PILOT arrangement, and;
g) In addition, the PILOT arrangement must also contain a provision by
which the developer (or other beneficiary of the PILOT, or successor in
title or deed) agrees that the 'look-back' period of any future tax certiorari
cannot go back into that time period during which the PILOT arrangement
was in effect; and be it further
h) That the Local Municipal Legislative Body will be allowed to establish the
conditions for these benefits/abatements and the ability to revoke such benefits if
the projects do not meet the established conditions;
BE IT FURTHER RESOLVED that the Yonkers City Clerk is
hereby directed to forward certified copies of this resolution to the Yonkers
delegation in the New York State Senate and Assembly.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 10, 2009
16
RESOLUTION
9. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the City of Yonkers is proud of its many diverse
community groups who play an integral leadership role in preserving and
displaying the rich history of each community represented in our beautiful
mosaic of communities; and
WHEREAS, foremost among these groups is the St. Patrick’s Day
Parade Committee which spearheads the efforts each year to highlight the
notable achievements and contributions of prominent caring members of
the Irish-American Community; and
WHEREAS, the St. Patrick’s Day Parade originated in Yonkers at
the Irish Centre on November 29, 1955 and the first festive Parade
commemorating this annual celebration in Yonkers took place on Sunday
March 11, 1956; and
WHEREAS, each year the St. Patrick’s Day Parade Committee
hosts a series of events in our City, sharing its proud heritage with all our
residents, beginning with the “Changing of the Sash” in early February and
culminating with the festive St. Patrick’s Day Parade and dinner, this year
on the 8th day of March 2008 and will once again celebrate the history and
splendor of the Irish and those most supremely proud of their Irish-
American heritage; and
WHEREAS, these annual events provide opportunities for the
Committee to bestow well deserved honors upon outstanding members of
the community who have selflessly given of their time, expertise and
resources to promote the welfare and advancement of not only the Irish-
American Community but also that of our beloved Yonkers; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 10, 2009
17
RESOLUTION - CONTINUED
WHEREAS, this year the Members of the St. Patrick’s Day Parade
Committee has chosen the very dedicated Richard Fitzgerald as the 2009
Parade Grand Marshal and the following distinguished individuals as his
Aides for the festivities: Thomas Allison, Kay Amicone, Oliver Charles,
Agnes McNamara, Jack McCrudden, Gerry O’Shea, Br. John Reidy, and
Robert Taggert;
NOW, THEREFORE BE IT RECOGNIZED, that the Members of
the Yonkers City Council join with the St. Patrick’s Day Parade Committee
in congratulating Parade Grand Marshal Richard Fitzgerald and his Aides
on this most auspicious occasion and we wish them much success in their
continued endeavors on behalf of the citizens of Yonkers.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 10, 2009
18
COMMITTEE REPORTS
