AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 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 March 10, 2009 and special meeting held
on March 18, 2009 approved on motion of Majority Leader Sandy Annabi.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 24, 2009
2
INDEX
OLD BUSINESS
ITEM DESCRIPTION PAGE
1. LOCAL LAW EMPIRE ZONE BOUNDERIES 5/6
NEW BUSINESS
2. RESO. INSPECTOR GENERAL REVIEW 7/8
3. RESO. COMMISSIONER OF DEEDS 9/10
4. RESO. EARTH HOUR REQUEST 11/12
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 24, 2009
3
COMMUNICATIONS
FROM: ASSEMBLYMAN SPANO AKNOWLEDGEING RECEIPT OF
COUNCILS RESOLUTION NO. 35-2009 (PILOT ARANGEMENTS)
ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 24, 2009
4
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 24, 2009
5
OLD BUSINESS
LOCAL LAW
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A LOCAL LAW TO MODIFY THE REDESIGNATION OF CERTAIN
AREAS WITHIN THE YONKERS EMPIRE ZONE ESTABLISHED UNDER
ARTICLE 18-B OF THE GENERAL MUNCIPAL LAW ENTITLED “NEW
YORK STATE EMPIRE DEVELOPMENT ZONE ACT”
WHEREAS, pursuant to Article 18-B of the New York State General
Municipal Law, as amended (the “Act”), the Yonkers City Council
authorized, pursuant to Local Law No. 3-1987 adopted on February 23,
1988, the submission and execution of the final application for designation
of certain areas in the City of Yonkers (the “City”) as an Economic
Development Zone within the meaning of the Act, and such designation
was approved by the New York State Commissioner of Economic
Development (the “Commissioner”) for an Economic Development Zone
(now known as an Empire Zone), which application was amended by
Local 13-1989 and Local Law 1-1992 and approved by the Commissioner;
and
WHEREAS, the City Council authorized, pursuant to Local Law 1-
2002, the submission of proposed revised and expanded boundaries for
the Yonkers Empire Zone to the Commissioner and received approval
from the Commissioner for its revised and expanded boundaries in
accordance with Section 969(c) of the Act, effective as of March 12, 2002;
and
WHEREAS, in accordance with certain amendments made to the
Act by Chapter 63, Laws of 2005 and Chapter 161, Laws of 2005, the City
was required to re-configure its existing zone acreage into three “distinct
and separate contiguous” areas (the “Re-designation”) subject to the
approval of the Commissioner and the N.Y.S. Empire Zones Designation
Board (the “State Board”); and
WHEREAS, the City Council authorized, pursuant to Local Law
No. 8-2005 adopted on December 29, 2005, that the Re-designation,
submitted by the Yonkers Empire Administrative Board (the “Board”) be
submitted to the Commissioner and State Board for their approval; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 24, 2009
6
LOCAL LAW (CONTINUED)
WHEREAS, certain technical corrections to the schedules attached
to the Re-designation contained in Local Law No. 8-2005 were submitted
to the City Council and filed with the Secretary of State on April 11, 2007,
which corrections did not change the boundaries or the distinct and
separate contiguous areas of the Yonkers Empire Zone; and
WHEREAS, it is desirous that certain modifications be made to the
boundaries constituting the Re-designation and contained in Local Law
No. 8-2005 to accommodate future redevelopment and expansion of the
Cross County Center and Redevelopment Projects proposed by Struever
Fidelco Cappelli LLC for the River Park Center and Cacace Center in the
downtown sector of Yonkers,
NOW, THEREFORE, BE IT ENACTED, by the City Council of the
City of Yonkers:
Section 1. The minor modifications to the boundaries of the Redesignation
as presented to the City Council, as set forth in Exhibit A
attached hereto and made a part hereof, are hereby approved, provided
that the modified Re-designation shall show that approximately 53.89
zone acres be removed from Area 2; that approximately 47.51 zone acres
be added to Area 1; and that approximately 6.39 zone acres be added to
Area 3, and provided further that the existing number of 1,235.4 zone
acres in the Yonkers Empire Zone (where the maximum acreage allowed
under the Act is 1,280 acres) does not change; that there will be no
adverse affect on any tax parcels or businesses in the Yonkers Empire
Zone; and that the modifications will not affect the distinct and separate
contiguous areas within the Yonkers Empire Zone.
Section 2. Local Law 8-2005 is hereby amended to reflect the
minor modification to the Re-designation as set forth in this Local Law and
shall take effect upon filing in the Office of the Secretary of State as
provided by Section 27 of the Municipal Home Rule Law.
Section 3. This Local Law shall take effect immediately upon its
enactment into law.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 24, 2009
7
NEW BUSINESS
RESOLUTION
2. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the City of Yonkers facilitates economic development
through its Office of Economic Development, Empire Zones Office,
Empowerment Zone, Community Development Agency, Industrial
Development Agency, Parking Authority and other entities; and
WHEREAS, developers of commercial, residential and mixed use
projects frequently seek approval from the City Council, the Planning
Board, the Zoning Board of Appeals, the Landmarks Board or other
bodies; and
WHEREAS, during the approval process developers frequently
make promises to the community and the approving entities as to the
physical social and economic aspects of the proposed projects including
but not limited to women and minority hiring, Yonkers First provisions for
hiring and procurement, affordable housing, energy conservation, historic
preservation, and other community benefits; and
WHEREAS, some of the government programs on the city, state
and federal levels have certain secondary goals and objectives intended
to benefit the community and many use demographic statistics to
demonstrate economic need as a predicate to the funding; and
WHEREAS, some members of the community have questioned
whether promises made by developers are indeed carried out and have
urged the City Council to review selected projects and suggest a model for
oversight in the public arena; and
WHEREAS, as the guardians of the public interest, the City Council
of Yonkers seeks to increase accountability and responsibility in all
organizations and agencies which receive approvals or grants or other
funds from the City, so as to ensure the taxpayers in Yonkers that the
funds are being used appropriately and for the public benefit, and
WHEREAS, under City Charter §C7-2A, the City Council
possesses the power to direct the Department of the Inspector General to
conduct any review that the Council deems appropriate, and under
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 24, 2009
8
RESOLUTION (CONTINUED)
Charter §C7-2D the Inspector General’s jurisdictions extends to any entity
that receives money or benefits from the City.
THEREFORE, be it resolved, to ensure that appropriate
safeguards are now in place, the City Council directs the Inspector
General to perform a review of various development projects in Yonkers:
starting with Mulford Gardens/HOPE VI and Ridge Hill with input from the
Council and the community and to report back to the Council and the
community his findings and recommendations as to whether mandates as
outlined and approved in any and all legal documents and binding
agreements-including, but not limited to project findings and/or land
disposition agreements-have been met or are to be met at an appropriate
time during the course of the projects development.
BE IT FURTHER RESOLVED, the City Council directs the
Inspector General to develop an ongoing oversight program to monitor
developers and other entities that receive approvals and grant funding
from the City of Yonkers, and that the details of the oversight program
developed by the Inspector General are communicated to the City
Council. Once a report is issue by the Inspector General, the Council will
have at least one public hearing to review the findings.
Section 3. This Resolution shall take effect immediately
upon its enactment into law.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 24, 2009
9
RESOLUTION
3. 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
Maria Rendina
10 Greenway Terrace North
Mahopac, New York 10541
Municipal Housing RENEWAL
Catherine Jones
199A Powell Avenue
Bronx, New York
Municipal Housing RENEWAL
Terrie Jackson
39 Orchard Street
Yonkers, New York 10701
Municipal Housing RENEWAL
Jannine Ferraiola
7 Heck Road
Garrerville, New York 10923
Municipal Housing RENEWAL
Michael DeFlorio
11 Richard Drive
Mahopac, New York 10541
Municipal Housing RENEWAL
`
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 24, 2009
10
RESOLUTION (CONTINUED)
Debra Rose Kayal
60 Odin Ct.
Yorktown heights, New York 10598
Legislative Aide NEW
Jessica Alyse Arco
538 Riverdale Avenue
Yonkers, New York 10705
Law Firm NEW
Miriam Forte
375 kneeland Avenue
Yonkers, New York 10704
Yonkers Public Schools RENEWAL
Albert Shamsid-Deen
33 South Broadway
Yonkers, New York 10701
Insurance Broker RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 24, 2009
11
RESOLUTION
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the effects global warming have become increasingly
evident and concerns for its effects on wildlife, environment, sea levels,
and human health have increased; and
WHEREAS, World Wildlife Fund is asking individuals, businesses,
governments and organizations around the world to turn off their lights and
switch off unused appliances for one hour, Earth Hour, on March 28, 2009
from 8:30 to 9:30 pm in order to make a global statement of concern about
climate change and to demonstrate commitment to finding solutions; and
WHEREAS, the number of participants will be tallied and presented
at the Global Climate Change Conference in Copenhagen 2009 with the
hopes of meeting the World Wildlife Funds goal of one billion participants;
and
WHEREAS, 1,429 cities and towns in 80 countries, including New
York City have already committed to participate in Earth Hour 2009 as part
of a global display against climate change; and
WHEREAS, The Yonkers City Council is committed to supplying
the city with clean energy, promoting sustainable growth, and finding new
strategies to reduce carbon emissions, conserve energy thus reducing
global warming;
NOW, THEREFORE, BE IT RESOLVED that the Yonkers City
Council will officially register the City with the World Wildlife Foundation as
a participant in Earth Hour;
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the
exterior lights of city hall be turned off for one hour on March 28 2009,
from 8:30 to 9:30 pm as a symbol of the City’s participation in Earth Hour
and a show of support for the fight against global warming.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 24, 2009
12
RESOLUTION (CONTINUED)
WHEREAS, the effects global warming have become increasingly
evident and concerns for its effects on wildlife, environment, sea levels,
and human health have increased; and
WHEREAS, World Wildlife Fund is asking individuals, businesses,
governments and organizations around the world to turn off their lights and
switch off unused appliances for one hour, Earth Hour, on March 28, 2009
from 8:30 to 9:30 pm in order to make a global statement of concern about
climate change and to demonstrate commitment to finding solutions; and
WHEREAS, the number of participants will be tallied and presented
at the Global Climate Change Conference in Copenhagen 2009 with the
hopes of meeting the World Wildlife Funds goal of one billion participants;
and
WHEREAS, 1,429 cities and towns in 80 countries, including New
York City have already committed to participate in Earth Hour 2009 as part
of a global display against climate change; and
WHEREAS, The Yonkers City Council is committed to supplying
the city with clean energy, promoting sustainable growth, and finding new
strategies to reduce carbon emissions, conserve energy thus reducing
global warming;
NOW, THEREFORE, BE IT RESOLVED that the Yonkers City
Council will officially register the City with the World Wildlife Foundation as
a participant in Earth Hour;
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the
exterior lights of city hall be turned off for one hour on March 28 2009,
from 8:30 to 9:30 pm as a symbol of the City’s participation in Earth Hour
and a show of support for the fight against global warming.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 24, 2009
13
COMMITTEE REPORTS
